What's changed in South African agriculture and agri-processing compliance

Plant export and biosecurity rules changed structurally when the Plant Health (Phytosanitary) Act 35 of 2024 was signed in December 2024, replacing the pest-control parts of the old Agricultural Pests Act 36 of 1983. Separately, the Department of Agriculture has been publicly defending its record on the long-running Act 36 of 1947 registration backlog for pesticides, fertilisers and farm feeds, while draft regulations on water use licence application timeframes remain a live process to watch.

Reviewed by TefCo Compliance Research — last verified 15 September 2026.

In short

The Plant Health (Phytosanitary) Act 35 of 2024 was assented to on 10 December 2024 and repeals the plant-pest provisions of the Agricultural Pests Act 36 of 1983.
Draft control measures, export regulations and import regulations under the new Plant Health Act were published for comment in September 2025.
The Department of Agriculture says it finalised 6,617 Act 36 applications in the 2024/25 financial year, and 51,165 of 56,890 applications over the past five years, while disputing claims of systemic collapse.
Water use licence application procedural timeframes have been the subject of draft revised regulations gazetted for comment by the Department of Water and Sanitation.

A new Plant Health Act for exports and biosecurity

The Plant Health (Phytosanitary) Act 35 of 2024 was signed into law and assented to on 10 December 2024, published in Government Gazette 51806 of 20 December 2024. It replaces the plant pest provisions of the Agricultural Pests Act 36 of 1983 and establishes the National Plant Protection Organisation of South Africa (NPPOSA), with an Executive Officer empowered to issue phytosanitary certificates, declare quarantine areas, and regulate imports, exports and re-exports of plants and plant products.

The Department describes the reform as addressing constitutional and alignment gaps with South Africa's trading partners and international phytosanitary agreements, and as intended to boost agricultural trade and biosecurity.

Draft regulations under the new Act, published for comment

Draft regulations under the Plant Health Act were published in Government Gazette 53424 of 26 September 2025 for public comment, covering control measures restricting movement of infested plant material, export regulations (ensuring consignments meet importing countries' phytosanitary requirements), and import regulations both with and without a permit.

Until the Plant Health Act's regulations are finalised, exporters should keep working from the current export certification procedures administered by DALRRD and PPECB, and watch for the regulations' commencement date.

Act 36 of 1947: an acknowledged backlog, disputed severity

In November 2025 the Department of Agriculture publicly rejected an agricultural lobby group's claim that the Act 36 registration system for pesticides, fertilisers, farm feeds and stock remedies had collapsed, while confirming that turnaround times currently range from two weeks to 24 months depending on application type. The Department says it finalised 6,617 applications in the 2024/25 financial year and 51,165 of 56,890 applications received over the past five years, and points to an online application system for pesticides launched in December 2023 as its main modernisation step.

For a business awaiting a pesticide, fertiliser, farm feed or stock remedy registration, the practical implication is a wide and product-dependent turnaround range rather than a fixed statutory deadline — build that variability into any product launch planning.

Water use licence timeframes under review

The Department of Water and Sanitation has published draft regulations revising the procedural requirements and timeframes for water use licence applications and amendments. Applicants should confirm the currently gazetted timeframes with their Regional Office rather than rely on an earlier version of the process.

Frequently asked

Has the Agricultural Pests Act 36 of 1983 been fully repealed?

The Plant Health (Phytosanitary) Act 35 of 2024 repeals the plant-pest provisions of the 1983 Act; confirm the exact commencement and transitional arrangements once the Plant Health Act's own regulations are finalised.

Is there now a guaranteed turnaround time for Act 36 registrations?

No. The Department itself describes a range of two weeks to 24 months depending on application type, and disputes that the system has collapsed — but it has not published a fixed statutory turnaround time for all product categories.

Sources

TefCo Corporate Compliance (Pty) Ltd is a compliance management platform, not a legal, tax or advisory firm. This guide is general information, not advice. Fees, dates and thresholds change — confirm current figures with the regulator before you rely on them.