South Africa’s New Plant Health Bill: What Businesses Need to Know
- Aisha Playton
- Apr 1
- 3 min read
President Cyril Ramaphosa has signed the Plant Health (Phytosanitary) Act 35 of 2024 into law, replacing the outdated Agricultural Pests Act of 1983. This landmark legislation modernises South Africa’s approach to plant health, biosecurity, and intellectual property protection for plant varieties.
The new law strengthens phytosanitary measures, ensuring compliance with WTO Sanitary and Phytosanitary (SPS) Agreement and the International Plant Protection Convention (IPPC). It also has significant implications for agricultural exporters, plant breeders, and agribusinesses operating in South Africa.
Key Changes Under South Africa's New Plant Health Act
Repeal of the Agricultural Pests Act (1983)
The old legislation was outdated, failing to address modern biosecurity risks, global trade requirements, and plant breeders’ rights. The new Plant Health Bill introduces:
Stricter controls on plant imports, exports, and domestic movement
Enhanced pest management to protect local agriculture
Alignment with international standards, thus improving South Africa’s export market access
Stronger Phytosanitary Measures for Trade Compliance
The Bill ensures South Africa meets WTO and IPPC requirements, helping local businesses:
Avoid trade barriers by complying with global phytosanitary standards
Access new markets by proving adherence to international plant health protocols
Prevent pest outbreaks that could harm food security and agricultural exports
Impact of the Bill on Plant Breeders’ Rights & Intellectual Property
The Act reinforces intellectual property protections for new plant varieties, supporting:
Plant breeders’ rights under the Plant Breeders’ Rights Act (1976)
Patented genetically modified (GM) crops by preventing unauthorised distribution
Biotech and agribusiness innovations, empowering IP enforcement
This is crucial for seed companies, biotech firms, and agricultural researchers investing in proprietary plant varieties.
Why The Plant Health Act Matters for Businesses in South Africa & Africa
Protecting Agricultural Exports
South Africa’s agricultural sector relies heavily on exports (e.g., citrus, grapes, maize).
The new law:
Reduces export restrictions by complying with global phytosanitary rules
Prevents pest-related trade bans, securing revenue for farmers
Strengthening Plant-Related IP Rights
The Bill supports IP enforcement by:
Future-Proofing Against Biosecurity Threats
With climate change increasing pest risks, the law ensures:
Early detection systems for invasive species
Emergency response protocols to contain outbreaks
How Businesses Should Prepare For The Upcoming Legislative Shift
Review compliance for import/export of plants and seeds
Secure plant breeders’ rights for new varieties
Monitor regulatory updates on phytosanitary certifications
Download the Act here.
South Africa’s Plant Health Act 35 of 2024 marks a major step forward in biosecurity, agricultural trade, and IP protection. Businesses must adapt to new phytosanitary regulations while leveraging stronger plant breeders’ rights.
Are you an agricultural entrepreneur or innovator who needs expert guidance from an intellectual property law firm on plant-related IP laws in South Africa or Africa? Contact De Beer Attorneys for assistance at info@debeerattorneys.com today.
South African Plant Breeder's Rights IP Quickfire:
Q: What Are Plant Breeders’ Rights (PBR)?
A: A plant breeder's right is a form of intellectual property protection for new, distinct, uniform, and stable plant varieties. It grants breeders exclusive rights to produce, sell, and distribute their varieties for 20–25 years (depending on the species).
Q: How Do Plant Breeder's Rights Differ from Patents?
A: A plant breeder's right protect the plant variety itself, patents protect inventive processes or genetic modifications. However, it is possible for some species to qualify for both patent protection and plant breeder's rights.
Q: Can I Trademark a Plant Variety Name?
A: Yes, you can trademark a plant variety name. While plant breeder's rights protect the genetic makeup, a trademark safeguards the brand name of the new variety. This prevents competitors from using your variety’s name in their marketing materials.
Q: How long do Plant Breeder's Rights Last?
A: In South Africa, protection for annual varieties last 20 years, and 25 years for trees and vines. Annual renewals are required to maintain your rights.
Q: Are Plant Breeder's Rights Valid Across Africa?
A: No, plant breeder's rights are territorial. For pan-African coverage, applicants can apply nationally in desired countries or pursue multi-national protection through African IP systems, ARIPO or OAPI.
Q: How Can a Plant Breeders’ Rights Law Firm in South Africa Help You?
A: A South African plant breeder's rights attorney can assist with registering and enforcing plant breeders’ rights in South Africa and across Africa (including ARIPO/OAPI filings), resolving disputes against seed piracy, engaging in litigation to enforce PBR, and developing dual patent-PBR strategies for genetically modified varieties. They can also draft licensing agreements and commercialisation contracts to help breeders monetise their innovations.
This information was last updated on 1 April 2025. This information is for general educational and entertainment purposes and is subject to change at any time.
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