Agricultural Pests Act, 1983 (Act No. 36 of 1983)

Regulations

Control Measures

1. Definitions

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In this notice any word or phrase to which a meaning has been assigned in the Act and Regulations made there under shall have that meaning and, unless the context otherwise indicates—

 

"area of low pest prevalence"

means an area, whether all of a country or part of a country, as demarcated or identified by the executive officer, in which a specific pest occurs at low levels and which is subject to effective surveillance, control or eradication measures;

[Definition inserted by Notice No. R. 6224 of GG52750, dated 30 May 2025]

 

"authority"

means any officer of the Department of Agriculture, Land Reform and Rural Development in the national, provincial or local sphere of government;

 

"buffer zone"

means an area surrounding or adjacent to an area officially delimited for phytosanitary purposes in order to minimize the probability of spread of the target pest into or out of the delimited area, and subject to phytosanitary or other control measures, if appropriate.

[Definition inserted by Notice No. R. 6224 of GG52750, dated 30 May 2025]

 

“demarcated quarantine area”

means an area determined by order under Section 7 of the Act or specified in terms of the control measures within which a quarantine pest is present and is being officially controlled;

 

“Inspection”

means an official visual examination of plants, plant products or other regulated articles to determine if pests are present or to determine compliance with phytosanitary regulations;

 

"land"

means any premises in terms of ownership or user and includes planted crops at a place of production, natural resources, ports of entry, buildings, structures and any area within the Republic;

 

"nursery"

means any premises at which plants are sold or grown for sale, and which is registered in terms of the Plant Improvement Act, 1976 (Act No. 53 of 1976), as an establishment as defined in section 1 of the said Act;

 

"pest"

means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;

[Definition inserted by section 2 of Notice No. R. 442, GG 37702, dated 6 June 2014]

 

"phytosanitary procedures"

means any official method for implementing phytosanitary measures including the performance of inspections, tests, surveillance or treatments in connection with prohibited pests;

[Definition inserted by section 2 of Notice No. R. 1271, GG 41257, dated 17 November 2017]

 

“quarantine pest”

means any pest of potential economic importance to the area endangered thereby and not yet present there, or present but not yet widely distributed and being officially controlled;

 

"regulated article"

means any plant, plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pests, deemed to require phytosanitary measures, particularly where international transportation is involved; and

[Definition inserted by section 2 of Notice No. R. 1271, GG 41257, dated 17 November 2017]

 

"regulated non-quarantine pest"

means a non-quarantine pest  whose presence in plants for planting affects the intended use of those plants with an economically unacceptable impact and which is therefore regulated within the territory of the importing country.

[Definition inserted by Notice No. R. 6224 of GG52750, dated 30 May 2025]

 

“regulated pest”

means a quarantine pest or a regulated non-quarantine pest;

 

"test"

means official examination, other than visual, to determine if pests are present or to identify pests.

[Definition inserted by section 2 of Notice No. R. 1271, GG 41257, dated 17 November 2017]

 

"the Act"

means the Agricultural Pests Act, 1983 (Act No. 36 of 1983); and

 

“visual examination”

means the physical examination of plant products, or other regulated articles using the unaided eye, lens, stereoscope or microscope to detect pests or contaminants without testing or processing.

 

"visually free"

with regard to the occurrence of an insect or a pathogen on a plant, means that—

(i) the executive officer is unable to visually observe the occurrence of an insect or a pathogen on a plant unless he uses a microscope or magnifying glass; or
(ii) the executive officer has, without the use of a microscope or magnifying glass, visually observed the characteristic of disease symptoms that are caused by an insect or a pathogen on a plant, but the testing, examination or analysis of that plant in a laboratory has not revealed the occurrence of such insect or pathogen on that plant.