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