New Plant Health Act to regulate plant pests

The recent publication of the Plant Health (Phytosanitary) Act 35 of 2024 is expected to herald significant changes in South Africa’s approach to the management of plant pests. The Act replaces parts of the Agricultural Pests Act 36 of 1983 directed to plant pests. In doing so, it provides for the designation of an Executive Officer responsible for phytosanitary measures, as well as the creation of a new body (the National Plant Protection Organisation of South Africa, or NPPOSA) to oversee phytosanitary activities.

The Act gives the Executive Officer numerous powers, including the power to block or redirect the import of regulated articles or order their treatment or destruction; request information; issue permits or orders; amend or withdraw those same permits or orders; declare quarantine areas; issue written orders in respect of quarantine or regulated areas (the procedure for designation is not yet specified); enter, search, inspect and seize goods under warrant; prescribe specific phytosanitary measures; prohibit import of specific items; implement emergency and provisional measures in respect of imports; declare pests; and issue phytosanitary certificates to exporters and re-exporters. In support of the Executive Officer, the NPPOSA performs a grab-bag of functions in terms of the Act. These also include issuing phytosanitary certificates, as well as developing and enforcing phytosanitary measures, inspecting goods, and providing plant health services.

For would-be importers and exporters of items covered under the Act, a close watch will have to be kept on the relevant Regulations and Notices to come. These will flesh out the bounds of what may or may not be imported without a permit, and will govern how the permit process is managed. For importers, specific ports of entry will be stipulated, prescribed documents will have to be presented along with the imported items, and written approval will have to be obtained before the items can be removed from the port of entry. For exporters, a phytosanitary certificate must be obtained, and the relevant phytosanitary protocols and related requirements complied with. Re-exporters will be similarly burdened. For the rest of us, any land users who know or suspect that the land in question harbours a regulated pest must notify the executive officer or other relevant authority, and must take reasonable measures to prevent its spread. These requirements are backstopped by various offences and penalties, including fines and/or imprisonment of escalating severity for consecutive violations.

The current lack of relevant Regulations and Notices mean that, at this point, it is too early to say what the precise effects of the Act will be going forward. However, it is clear that the Act provides a robust framework for controlling the import, export and management of plant pests, and has the potential to contribute meaningfully to safeguarding South Africa’s agricultural sector and biological diversity.

Thomas Schmidt

Senior Associate | Patent Attorney

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