AGRICULTURAL PRODUCT STANDARDS ACT

Regulations on Meat Analogues:

·       Purpose: Establish standards for plant-based or lab-grown meat analogues.

·       Scope: Applies to food manufacturing, retail, food service, and agriculture.

·       Key Points:

·       Definitions of key terms.

·       Product standards, labeling requirements, quality control, and testing.

·       Compliance and enforcement details.

AGRICULTURAL PESTS ACT

Amendments:

To regulations under the Agricultural Pests Act (36/1983).

These amendments aim to regulate and streamline processes within the agriculture industry in relation to pest control measures.

MARKETING OF AGRICULTURAL PRODUCTS ACT

Dried Vine Fruit:

·       Purpose: Establish statutory measures for dried vine fruit.

·       Scope: Applies to importers, producers, packers, exporters, processors, handlers/traders, and marketers.

·       Key Points:

·       Registration requirements.

·       Market information dissemination.

·       Offences and penalties for non-compliance.

Export of Fresh Citrus Fruit:

·       Purpose: Ensure registration and levy collection for citrus fruit export.

·       Scope: Applies to producers, export agents, and exporters.

·       Key Points:

·       Registration process and requirements.

·       Levy details and payment procedures.

PLANT HEALTH (PHYTOSANITARY) ACT 35 OF 2024

·       Purpose: Prevent the introduction and spread of pests.

·       Scope: Applies to agriculture, horticulture, forestry, import/export, retail/wholesale, research, and government bodies.

·       Key Points:

·       Phytosanitary measures and control of regulated pests.

·       Regulation of plant and plant product movement.

·       Establishment of the National Plant Protection Organisation of South Africa.

FERTILIZER, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT

Applications for Derogation:

·       Purpose: Approvals for restricted use of agricultural remedies.

·       Scope: Applies to agriculture, agrochemical industry, environmental and health organizations, regulatory bodies, and research institutions.

·       Key Points:

·       Specific applications for fungicides and herbicides.

·       Risk assessments and public participation invitations.

ADDITIONAL NOTICES

·       Grading, Packing, and Marking of Edible Vegetable Oils: New regulations proposed, comments invited.

·       Inspection Fees for Poultry Meat and Processed Meat Products: Proposed fees for 2025, comments invited.

AGRICULTURE

LAW AND TYPE OF NOTICE

Agricultural Product Standards Act:

Regulations: Meat analogues intended for sale in South Africa: Comments invited

G 51820 GoN 5730

– Comment by 25 Jan 2025

APPLIES TO: 

1.     Food Manufacturing: Companies producing meat analogues, which are plant-based or lab-grown products designed to mimic the taste, texture, and appearance of meat.

2.     Retail and Distribution: Businesses involved in the sale and distribution of meat analogues, including supermarkets, grocery stores, and online retailers.

3.     Food Service: Restaurants, cafes, and other food service providers that offer meat analogue products on their menus.

4.     Agriculture and Farming: Entities involved in the production of raw materials used in meat analogues, such as plant-based proteins.

SUMMED UP:

Agricultural Product Standards Act: Regulations Relating to Meat Analogues

1.     Purpose and Scope:

·       The regulations aim to establish standards for meat analogues, which are plant-based or lab-grown products designed to mimic the taste, texture, and appearance of meat.

·       These standards ensure that meat analogues meet quality and safety requirements for sale in South Africa.

2.     Definitions:

·       Key terms such as “meat analogue,” “plant-based protein,” and “lab-grown meat” are defined to provide clarity on the scope of the regulations.

3.     Product Standards:

·       Specific criteria for the composition, labeling, and marketing of meat analogues are outlined.

·       Requirements include nutritional content, ingredient lists, and permissible additives.

4.     Labeling Requirements:

·       Meat analogues must be clearly labeled to distinguish them from traditional meat products.

·       Labels must include information on the source of protein (e.g., soy, pea, lab-grown) and any allergens.

5.     Quality Control and Testing:

·       Procedures for quality control and testing of meat analogues are specified to ensure compliance with the standards.

·       Regular inspections and testing by authorized bodies are mandated.

6.     Compliance and Enforcement:

·       Penalties for non-compliance with the regulations are detailed.

·       Enforcement mechanisms include fines, product recalls, and potential legal action.

7.     Implementation Timeline:

·       A timeline for the implementation of the regulations is provided, giving industries a specified period to comply with the new standards.

These regulations are designed to ensure that meat analogues are safe, properly labeled, and meet quality standards, benefiting both consumers and the industry.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Agricultural Product Standards Act: Regulations: Meat analogues intended for sale in South Africa: Comments invited

G 51820 GoN 5730

– Comment by 25 Jan 2025

27 December 2024

51820gon5730.pdf

ACTION

1.Product Standards Compliance

• Ensure Composition: Meat analogues must meet specific criteria for composition, including nutritional content and permissible additives.
• Quality Control: Implement quality control measures to ensure products meet the required standards.

2. Labeling Requirements

• Clear Labeling: Labels must clearly distinguish meat analogues from traditional meat products.
• Source Information: Include information on the source of protein (e.g., soy, pea, lab-grown) and any allergens.
• Nutritional Information: Provide detailed nutritional information on the packaging.

3. Marketing and Advertising

• Accurate Representation: Ensure that marketing and advertising materials accurately represent the product and do not mislead consumers.
• Compliance with Advertising Standards: Follow all relevant advertising standards and regulations.

4. Testing and Inspection

• Regular Testing: Conduct regular testing of products to ensure they comply with the standards.
• Inspections: Allow for regular inspections by authorized bodies to verify compliance.

5. Documentation and Record-Keeping

• Maintain Records: Keep detailed records of product composition, testing results, and quality control measures.
• Documentation for Inspections: Ensure all necessary documentation is available for inspections by regulatory authorities.

6. Training and Awareness

• Staff Training: Train staff on the new regulations and ensure they understand the requirements.
• Consumer Awareness: Educate consumers about the differences between meat analogues and traditional meat products.

7. Implementation Timeline

• Adhere to Deadlines: Follow the implementation timeline provided in the regulations to ensure timely compliance.

8. Penalties for Non-Compliance

• Understand Penalties: Be aware of the penalties for non-compliance, which may include fines, product recalls, and legal action.
• Take Corrective Actions: Promptly address any issues of non-compliance to avoid penalties.

LAW AND TYPE OF NOTICE

Agricultural Pests Act:

Regulations: Amendment

G 51775 RG 11779 GoN 5710

APPLIES TO: 

Agricultural Pests

SUMMED UP:

Agricultural Pests:

Regulations: Amendments to regulations under the Agricultural Pests Act (36/1983).

These amendments aim to regulate and streamline processes within the agriculture industry in relation to pest control measures.

FULL TEXT

DETAILS

GNR.111 of 27 January 1984:  Regulations

DEPARTMENT OF AGRICULTURE

as amended

The Minister of Agriculture, acting under section 16, read with sections 3, 7 and 11, of the Agricultural Pests Act, 1983 (Act 36 of 1983), has made the regulations set out in the Schedule.

SCHEDULE

ARRANGEMENT OF REGULATIONS

1.   Definitions

In these regulations any word or phrase to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates—

“Border Management Authority (BMA) officials” means an official appointed in terms of the Border Management Authority Act, 2020 (Act No. 2 of 2020) responsible for the execution of frontline border law enforcement functions related to plant biosecurity control in terms of these Regulations.

[Definition of “Border Management Authority (BMA) officials” inserted by GNR.5710 of 20 December 2024.]

“Extended detention” means authorization of imports of plants, plant products and other regulated articles through designated ports of entry for inspection at an approved inland facility, preferably within 10 km radius from the port of entry, as determined by the BMA officials with the concurrence of the Department of Agriculture.

[Definition of “Extended detention” inserted by GNR.5710 of 20 December 2024.]

“the Act” means the Agricultural Pests Act, 1983 (Act 36 of 1983); and

“travelling expenses” . . . . . .

[Definition of “travelling expenses” deleted by GNR.75 of 1991.]

PART I
IMPORTATION OF CONTROLLED GOODS

2.   Application for permits

(1)  An application for the issuing of a permit on the authority of which controlled goods may be imported into the Republic shall be made on a form obtainable from the executive officer or authorized person or accessible from the departmental website/online system.

(2)  The application form referred to in subregulation (1) shall be—

(a)completed and submitted to the executive officer at least 30 working days prior to the date of arrival of the controlled goods at the port of entry and;

(b)accompanied by proof of payment of the applicable tariffs under Table 1 of these regulations; and

(c)sent via electronic mail (e-mail) to PlantHealthPermits@Dalrrd.gov.za or delivered by post, addressed to the Department of Agriculture, Directorate Food Import and Export Standards, P.O. Box 40024, Arcadia, Pretoria, 0007; or

(d)delivered by hand to the Department of Agriculture, Directorate Food Import and Export Standards, Harvest House, 30 Hamilton Street, Office 541, Arcadia, Pretoria.

[R. 2 substituted by GNR.5710 of 20 December 2024.]

3.   Ports of entry

(1)  The permit authorizing the importation of controlled goods into the Republic shall be issued to authorize import through the selected port of entry specified in Table 2, unless the executive officer has determined some other place in terms of section 3 (2) (a) of the Act.

(2)  An application for the determination of another port of entry in terms of section 3 (2) (a) of the Act shall be lodged in writing together with an application referred to in regulation 2, and accompanied by reasons why the controlled goods concerned cannot be imported through a port of entry specified in Table 2.

(3)  The Authority responsible for border law enforcement shall ensure that all designated ports of entry in terms of these Regulations are sufficiently resourced to perform or conduct phytosanitary actions, and where possible within 10 km radius of the port of entry.

[R. 3 substituted by GNR.5710 of 20 December 2024.]

4.   Presentation of controlled goods for inspection

When controlled goods are imported through the port of entry into the Republic on the authority of a permit, they shall be presented to the authorized person or BMA officials for inspection in terms of section 3 (2) (b) of the Act in such manner that—

(a)access to the controlled goods or the containers thereof can readily be obtained; and

(b)all markings, printing, writing, or labels attached to the containers of the controlled goods are easily readable.

[R. 4 substituted by GNR.5710 of 20 December 2024.]

4A.   Extended detention for importation of controlled goods.

(1)  Extended detention for all imports shall be authorized by the BMA official with the concurrence of the Department of Agriculture.

(2)  All authorized imports of controlled goods for extended detention through the ports of entry shall be—

(a)verified at the designated ports of entry prior to release to an approved facility,

(b)released by affixing seals, marks and release documents issued at the port of entry to ensure consignment integrity,

(c)monitored for traceability,

(d)inspected at an approved facility.

(3)  The seals must only be removed by an authorized person during inspection,

(4)  Controlled goods should not be sold or distributed unless they have been inspected and cleared for distribution in the Republic.

(5)  The authorized persons within the responsible authority, entity and department shall—

(a)coordinate their inspection activities;

(b)perform any other functions to manage the risk of pest introduction;

(c)provide feedback report after inspection to the relevant authority.

(6)  It is the responsibility of the importer or agent on behalf of the importer or consignee that controlled goods reach the intended place for inspection as instructed by the BMA official at the port of entry.

(7)  In cases where a regulated pest is detected or intercepted in the controlled goods during inspection, such controlled goods will either be treated or destroyed under supervision, depending on the level of risk identified.

[R. 4A inserted by GNR.5710 of 20 December 2024.]

5.   Inspections outside the official office hours

(1)  If a person requires that inspection of controlled goods in terms of section 3 (2) (b) of the Act be carried out at a time other than during the official office hours of the authorized person, an application for consent in terms of section 3 (3) of the Act in this connection shall be made on a form which is obtainable from the authorized person for this purpose.

(2)  The amount specified in Table 1 in terms of these regulation shall be payable in respect of an inspections of controlled goods which is carried out outside the official hours of the BMA official or authorized person.

(3)  The amount specified in Table 1, in terms of the regulation shall be payable in respect of an inspection of controlled goods.

[R. 5 substituted by GNR.5710 of 20 December 2024.]

PART II
ORDERS

6.   Serving of orders

(1)  An order shall be served to the user of land or a person referred to in sections 4 and 7 of the Act by—

(a)forwarding it by registered post or email;

(b)delivering it to the user of land or such person or to his or her authorized representative;

(c)delivering it at the residence or place of business of the user of land or such person, to some person who is not younger than 18 years of age who resides or is employed there; or at the registered office of the juristic person/s.

(2)  When an order is served in terms of sub-regulation (1) (a) the authorized person shall place it in an envelope addressed to the user of land concerned.

(3)  After the order has been served in terms of sub-regulation (1) (b) (c), the person by whom it has been delivered shall make a copy of that order to indicate the manner in which, the person to whom, the place at which and the date on and approximate time at which the order concerned has been delivered.

(4)  The entries referred to in sub-regulation 3 shall immediately after having been made, be signed by the person to whom the order has been delivered.

[R. 6 substituted by GNR.5710 of 20 December 2024.]

7.   Evidence of service of orders

(1)  If an order is served in terms of regulation 6 (1) (a), the executive officer shall obtain and preserve the following documents as evidence of the service thereof:

(a)The certificate of posting of the registered letter concerned, which was issued by the post office at which such letter was registered.

(b)The acknowledgement of receipt or receipt from referred to in regulation 6 (2) (b), for the registered letter concerned.

(2)  If an order is served in terms of regulation 6 (1) (b), (c) or (d), the executive officer shall obtain the copy of the order concerned on which the entries and signature respectively referred to in regulation 6 (3) and (4) appear from the person by whom that direction was served and preserved it as evidence of service.

8.   Amendment and withdrawal of orders

If an application for the amendment or withdrawal of an order with respect to a quarantine area has been made in terms of section 7 (3) of the Act, the amounts specified in Table 1 shall be payable with regard to each inspection conducted by the authorized person; and each test, examination or analysis of a sample taken during the inspection, which is carried out in a laboratory of the department.

[R. 8 substituted by GNR.5710 of 20 December 2024.]

PART III
APPEALS

9.   Submission of appeals

(1)  A person who wishes to appeal in terms of section 11 of the Act against a refusal or conduct by the executive officer or authorized person, may appeal against it to the Minister within 60 days of the date of the refusal or conduct by the executive officer or authorized person.

[Sub-reg. (1) amended by GNR.5710 of 20 December 2024.]

(2)  Such appeal shall be in the form of a written statement which has been confirmed on oath and shall specify—

(a)the refusal or conduct against which is appealed; and

(b)the grounds on which the appeal is based.

(3)  The amount specified in paragraph 4 of Table 1 shall accompany such appeal.

(4)  If such appeal is noted by a person who is not the user of land in respect of the land or the owner of the article to which the refusal or action concerned relates, the appeal shall be accompanied by a statement in which that person discloses his interest in such refusal or conduct.

10.   Inquiries into appeals

(1)  The Director-General shall refer an appeal which has been noted in terms of regulation 9 (1), for inquiry and a report to an officer of the department other than the executive officer or another officer concerned in the refusal or conduct against which that appeal is brought.

(2)  An appellant may request or be requested to appear before the officer concerned at an inquiry referred to in subregulation (1) to be heard and questioned, and he may be assisted or represented by a legal representative.

(3)  A request in terms of subregulation (2) by an appellant to appear before the officer concerned to be heard and questioned shall be made in writing and shall accompany the appeal concerned.

(4)  An appellant shall be notified in writing of the date on which, the time at which and the place at which he is to appear before the officer designated to report on an appeal, to be heard and questioned.

(5)  The Director-General shall submit each appeal and his recommendation, thereanent, together with the report of the officer who conducted the investigation referred to in subregulation (1), as well as all other relevant documents, to the Minister for consideration.

11.   Address for noting of appeals

An appeal which is noted in terms of regulation 9 (1) shall be—

(a)forwarded by post and be addressed to the Minister of Agriculture, Private Bag X250, Pretoria, 0001; and or

(b)delivered by hand to the Minister of Agriculture, 600 Lillian Ngoyi, Berea Park, Pretoria.

[R. 11 substituted by GNR.5710 of 20 December 2024.]

PART V
GENERAL

12.   . . . . . .

[R. 12 repealed by GNR.75 of 1991.]

13.   Payment of fees

(1)  The cost of any application or other document which is submitted or furnished in terms of these regulations, as well as on or of anything pertaining thereto, shall be paid by the sender thereof.

(2)  Any amount which is payable in terms of these regulations shall be paid by cash or at the bank and proof of payment submitted together with such document to the executive officer.

(3)  The amount referred to in regulation 9 (3) shall be paid in cash or electronic payments.

(4)  Subject to the provisions of section 11 (3) of the Act, an amount which has been paid in terms of these regulations shall not be refunded.

[R. 13 substituted by GNR.5710 of 20 December 2024.]

14.   Address for the submission of documents.

An application, notice or document, as well as anything else pertaining thereto, which is in terms of the Act or these regulations is required to be submitted to the executive officer shall be—

(a)forwarded by post, addressed to the Director: Plant Health; Directorate Plant Health, Private Bag X 14, Gezina 0031 and or P.O Box 40024, Gezina 0031; or

(b)delivered by hand to the Director Plant Health, Harvest House, 30 Hamilton Street, Arcadia, Pretoria.

[R. 14 substituted by GNR.1637 of 1995 and GNR.5710 of 20 December 2024.]

15.   Commencement

(1)  These regulations shall come into operation on 1 February 1984.

Annexure
APPLICATION FOR A PERMIT TO IMPORT CONTROLLED GOODS

Table 1
FEES PAYABLE

[Table 1 substituted by GNR.2573 of 1985, by GNR.100 of 1987, by GNR.1521 of 1989, by GNR.75 of 1991, by GNR.1637 of 1995, by GNR.1471 of 1998, by GNR.665 of 1999, by GNR.614 of 2000, by GNR.396 of 2001, by GNR.367 of 2002, by GNR.464 of 2003, by GNR.143 of 2004, by GNR.244 of 2005, by GNR.42 of 2007, by GNR.118 of 2008, by GNR.257 of 13 March 2009, by GNR.73 of 12 February 2010, by GNR.190 of 11 March 2011, by GNR.130 of 24 February 2012, by GNR.77 of 8 February 2013, by GNR.1003 of 20 December 2013, by GNR.50 of 30 January 2015, by GNR.67 of 29 January 2016, by GNR.134 of 17 February 2017, by GNR.1417 of 15 December 2017, by GNR.276 of 1 March 2019, by GNR.167 of 14 February 2020, by GN 224 of 19 March 2021, by GNR.1774 of 25 February 2022 w.e.f. 1 April 2022, by GNR.3055 of 17 February 2023 w.e.f. 1 April 2023, by GNR.4436 of 1 March 2024 w.e.f. 1 April 2024 and by GNR.5710 of 20 December 2024.]

Table 2
PORTS OF ENTRY

(Reg. 3)

[Table 2 substituted by GNR.5710 of 20 December 2024.]

LINK TO FULL NOTICE

Agricultural Pests Act: Regulations: Amendment

G 51775 RG 11779 GoN 5710

20 December 2024

ACTION

Agricultural Pests

1.     Compliance with Regulations:

·       Adhere to the amended regulations under the Agricultural Pests Act (36/1983).

LAW AND TYPE OF NOTICE

Marketing of Agricultural Products Act:

Establishment of statutory measure: Dried Vine Fruit

G 51775 RG 11779 GoN 5708

20 December 2024

APPLIES TO: 

1.     Importers: Those who import dried vine fruit into South Africa.

2.     Producers: Those involved in the production of dried vine fruit.

3.     Packers: Those who handle and pack dried vine fruit for sale.

4.     Exporters: Those who export dried vine fruit from South Africa.

5.     Processors: Those who process dried vine fruit, including sorting, cleaning, washing, cutting, mincing, mixing, or preparing it for sale.

6.     Handlers/Traders: Those who receive, store, dispatch, or process dried vine fruit.

7.     Marketers: Those involved in the marketing of dried vine fruit.

SUMMED UP:

Key Definitions

• Dried Vine Fruit: Includes raisins, seedless raisins, sultanas, and currants.
• Raisins South Africa NPC (Raisins SA): A non-profit company responsible for the local dried vine fruit industry.

Purpose and Aims

• Registration Requirement: Importers, producers, packers, exporters, processors, handlers/traders, and marketers of dried vine fruit must register with Raisins SA.
• Market Information: The registration aims to provide accurate market information to all role-players in the industry.

Application and Area

• Geographical Area: The measure applies within the Republic of South Africa.
• Application Process: Details on how to apply for registration, including postal and electronic submission methods.

Offences and Penalties

• Non-Compliance: Section 24 of the Act applies to any person who contravenes or fails to comply with the statutory measure.

Commencement and Validity

• Effective Date: The measure comes into operation on the date of publication and is valid for four years.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. R. 5708 20 December 2024

MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT NO. 47 OF 1996)

ESTABLISHMENT OF STATUTORY MEASURE: REGISTRATION OF CERTAIN PERSONS IN RESPECT OF DRIED VINE FRUIT

I, John Henry Steenhuisen, Minister of Agriculture, acting under sections 13 and 19 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996) hereby establish the statutory measure set out in the Schedule.

MR J.H. STEENHUISEN, MP

MINISTER OF AGRICULTURE

SCHEDULE

Definitions

1. In this Schedule, any word or expression to which a meaning has been assigned in the Act shall have that meaning, and unless the context indicates otherwise:

“currants” means the dried vine fruit obtained from seedless currant-type vine fruit;

“dried vine fruit” means all dried vine fruit (i.e. raisins, seedless raisins, sultanas and currants) where either in the whole, cut up or minced form, subjected to any acknowledged drying process during which the largest part of the moisture had been abstracted therefrom, irrespective whether having been treated with water or steam or any preservative;

“exporter” means a person who exports dried vine fruit from the Republic of South Africa, and includes a person who arranges or handles the exports in the name of, or on behalf of another person;

“handle(s)” or “handled” means receive, store, dispatch or process;

“importer” means a person who imports dried vine fruit into the Republic of South Africa, and this includes a person who arranges or handles the imports in the name of or on behalf of another person;

“packer” means a person who handles dried vine fruit and packs it for the purpose of sale;

“process” means to sort, clean, wash, cut, mince, mix or prepare to be packed for sale;

“processor” includes any person concerned in the processing of dried vine fruit;

“producer” includes any person concerned in the production of dried vine fruit;

“raisins” means the dried vine fruit other than currants and seedless raisins that is obtained from vine fruit;

“Raisins South Africa NPC (Raisins SA)” means the non-profit company registered in terms of the Companies Act, 2008 (Act No. 71 of 2008 as amended) and which operates under the name “Raisins South Africa NPC (Raisins SA)”. Raisins SA is a non-profit company with the aim to keep the local dried vine fruit industry abreast of the need for agricultural research; strategic information on volumes and quality; to meet all sanitary and phytosanitary requirements for local and export markets; to serve the best interest of the industry as the need arises and keep the National Agricultural Marketing Council (NAMC) and Minister of Agriculture informed on strategic issues. Raisins SA is located at, 9 Groenpunt Avenue, Keidebees, Upington, Northern Cape, South Africa;

“seedless raisins” means the dried vine fruit obtained from seedless noncurrent type vine fruit, and is either Iyed or Iyed and bleached or unlyed and unbleached;

“the Act” means the Marketing of Agricultural Products Act 1996, (Act No. 47 of 1996), as amended; and

“vine fruit” means the fruits of the plants of Vitis vinifera.

Purpose and aims of statutory measure and the relation thereof to objectives of the Act

1. The purpose and aim of this statutory measure are to impose an obligation on importers, producers, packers, exporters, processors, handlers/traders and marketers of dried vine fruit to register with Raisins SA. The aforementioned categories / persons shall include any person who acts on behalf of and/or acts

in a representative capacity of the aforementioned categories/persons.

Registration of the said persons is necessary to enable Raisins SA to make available continuous, timely and accurate market information in respect of dried vine fruit to all role-players. It is essential that market information in the deregulated market be as accurate as possible to enable the role-players in the industry to make informed decisions. Through the combination of mandatory registration of all role-players together with the submission of returns (weekly in the case of fruit intake) on an individual basis, market information of the whole country can be processed and disseminated in the marketplace/industry.

This statutory measure will not only assist in improving market access to all role-players in the industry but will also assist in promoting the affectivity of the marketing of dried vine fruit. The viability of the dried vine fruit industry will thus be promoted in general. This statutory measure will not be detrimental to the number of employment opportunities or fair labour practices. All individual information collected will be managed in an appropriate manner.

Furthermore, the second measure will be implemented, extending to dried vine fruits specifically within the Orange River Valley. This levy will be paid directly to Fruit Fly Africa (or a qualified alternative service provider) and will be dedicated solely to the management of fruit fly by Raisins SA. The proposed levy levels are intended to support the primary functions of Raisins SA in terms of pest and disease control.

Products to which statutory measure applies

4. This statutory measure shall apply to all dried vine fruit (as defined in section 1 above), which is produced in, processed in, handled in, marketed, exported from and/or imported into the Republic of South Africa.

Area in which statutory measure applies

5. This statutory measure shall apply within the geographical area of the Republic of South Africa.

Registration of importers, producers, packers, exporters, processors, handlers/traders and marketers of dried vine fruit

6. (1) All importers, producers, packers, exporters, processors, handlers/traders and marketers of dried vine fruit shall register with Raisins SA in the manner prescribed in section 7 below. The aforementioned categories shall also include any persons who acts in the capacity of the representative capacity.

(2) Each person who becomes an importer, producer, packer, exporter, processor or marketer shall register with Raisins SA within 30 (thirty) days after becoming an importer, producer, packer, exporter, or processor or marketer.

(3) Upon registration of an applicant by Raisins SA, a letter of certification shall be issued.

(4) The registration issued in terms of section 6(3) above shall expire when this statutory measure is revoked or when it is cancelled by Raisins SA.

(5) The provisions of section 6(6) shall apply mutatis mutandis to persons who were already registered with Raisins SA at the time of this publication.

(6) Every importer, producer, packer, exporter, processor or marketer of dried vine fruit shall notify Raisins SA in writing within 30 (thirty) days after he / she / it has ceased to act in such a capacity, whereupon his/her/its registration will be cancelled.

Application for registration as importer, producer, packers, exporter, processor or marketer of dried vine fruit

7. (1) An application for registration in terms of section 6 above shall be made on the application form available from Raisins SA.

(2) The application form shall be completed by a person who is duly authorised by an importer, producer, packer, exporter, processor, handler/trader or marketer and by any person who is duly authorised on behalf of its representative institution and it shall be accompanied by the corroborating documentation as specified in the application form.

(3) The application form shall

(a) when forwarded by post, be addressed to:

The CEO: Raisins SA

PO Box 2536

Upington

8800

(b) when delivered by hand, be delivered to:

The CEO: Raisins South Africa NPC (Raisins SA)

Office number 1

9 Groenpunt Avenue

Keidebees

Upington

8801

(c) when transmitted electronically, be sent to:

Any of the e-mail addresses or any other electronic addresses as they appear on the application form.

Offences and Penalties

8. In the event of any person contravening and/or failing to company with any provision of this statutory measure, section 24 of the Act shall apply.

Commencement and period of validity

9. This statutory measure shall come into operation on the date of publication hereof and shall lapse four (4) years later.

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Establishment of statutory measure: Dried Vine Fruit

G 51775 RG 11779 GoN 5708

20 December 2024

51775reg11779gon5708.pdf

ACTION

1. Identify Relevant Roles

Determine if your organization falls into any of the following categories:

• Importer
• Producer
• Packer
• Exporter
• Processor
• Handler/Trader
• Marketer

2. Register with Raisins SA

• Application Form: Obtain the application form from Raisins SA.
• Complete the Form: Ensure the form is filled out by an authorized person within your organization.
• Submit the Form: Send the completed form to Raisins SA via post, hand delivery, or electronically.

3. Maintain Accurate Records

• Timely Updates: Notify Raisins SA within 30 days if there are any changes in your status (e.g., ceasing operations in a relevant capacity).
• Certification: Keep the certification letter issued by Raisins SA upon registration.

4. Provide Market Information

• Submit Returns: Regularly submit required market information, such as weekly returns on fruit intake, to Raisins SA.

5. Compliance with Offences and Penalties

• Adhere to Regulations: Ensure all activities comply with the statutory measure to avoid penalties under section 24 of the Act.

6. Stay Informed

• Monitor Updates: Keep abreast of any changes or updates to the statutory measure and related regulations.

LAW AND TYPE OF NOTICE

Marketing of Agricultural Products Act:

Establishment of statutory measure: Export of Fresh Citrus Fruit

G 51775 RG 11779 GoN 5706

APPLIES TO: 

1.     Producers: Growers of export citrus fruit.

2.     Export Agents: Individuals or entities that export citrus fruit on behalf of producers.

3.     Exporters: Individuals or entities that export citrus fruit in their own right, including producers who export on their own behalf or on behalf of other producers.

SUMMED UP:

1.     Purpose and Aim:

·       The measure aims to ensure the registration of all parties involved in the export of fresh citrus fruit with the Citrus Growers Association of Southern Africa (CGA).

·       Registration is necessary for the orderly collection of levies imposed on producers, export agents, and exporters.

2.     Definitions:

·       CGA: Citrus Growers Association of Southern Africa.

·       Export Agent: A person exporting citrus fruit on behalf of a producer.

·       Exporter: A person exporting citrus fruit in their own right or on behalf of others.

·       Producer: The grower of export citrus fruit.

3.     Application:

·       The measure applies to all producers, export agents, and exporters of export citrus fruit within South Africa.

·       Registration must be done within 30 days of the commencement of the measure or any change in status.

4.     Registration Process:

·       Applications for registration or changes in registration status must be submitted to the CGA.

·       Forms are available free of charge from the CGA and can be submitted by post, hand delivery, or email.

5.     Commencement and Validity:

·       The measure comes into operation on the date of publication and will lapse on December 31, 2028.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. R. 5706 20 December 2024

MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996)

ESTABLISHMENT OF STATUTORY MEASURE: REGISTRATION OF PERSONS INVOLVED IN THE EXPORT OF FRESH CITRUS FRUIT

I, John Henry Steenhuisen, Minister of Agriculture, acting under sections 13 and 19 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), hereby establish the statutory measure set out in the Schedule.

MR J.H. STEENHUISEN, MP

MINISTER OF AGRICULTURE

SCHEDULE

Definitions

1. In this Schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning, and unless the context otherwise indicates –

“CGA” means the Citrus Growers Association of Southern Africa, deemed to be incorporated under the Companies Act, 2008 (Act No. 71 of 2008), with registration number 2000/010147/08;

“export agent” means a person that exports citrus fruit on behalf of a producer in an agency capacity;

“exporter” means a person that exports citrus fruit in his own right, and includes a producer that exports citrus fruit on his own behalf or on behalf of other producers;

“export citrus fruit” means fresh citrus fruit intended for export;

“levy” means a levy imposed under the Act;

“person” includes any person defined as such in the Interpretation Act, 1957 (Act No. 33 of 1957);

“producer” means the grower of export citrus fruit; and

“the Act” means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended.

Purpose and aims of the statutory measure and the relation thereof to objectives of the Act

2.(1) The purpose and aim of this statutory measure is to compel the parties set out herein to register with the CGA. Registration is necessary to ensure that the levy imposed on producers, export agents or exporters on export citrus fruit can be collected.

(2) By requiring registration with the keeping of information and the rendering of returns, information for the whole of the industry can be co-ordinated to ensure the orderly collection of levies.

(3) The measure will be administered by CGA.

Persons to whom statutory measure applies

3. This statutory measure shall apply to all producers, export agents and exporters of export citrus fruit.

Area in which statutory measure applies

4. This statutory measure shall apply within the geographical area of the Republic of South Africa.

Registration

5. (1) All export agents, exporters and producers of export citrus fruit shall be obliged to register with the CGA and inform the CGA when their status change.

(2) Application for registration, or a change in the status of a person that requires amendment to his or her registration, shall –

(a) be made within 30 days of the commencement of this statutory measure, or in the case of a person becoming an exporter or a producer, ceasing to be an exporter or a producer, or otherwise changing his or her status as an exporter or a producer, within 30 days of such change;

(b) be made on the applicable form obtainable free of charge from the CGA.

(3) The application for registration, or a change in registration referred to in subclause (2), shall –

(a) when forwarded by post, be addressed to –

CGA

P.O. Box 461

Hillcrest

3650

(b) when delivered by hand, be delivered to –

CGA

Unit 7

22 On Main

GILLITTS

(c) when submitted by e-mail, be sent to –

robertm@cga.co.za

Commencement and validity

6. This statutory measure comes into operation on the date of publication hereof and lapse on 31 December 2028.

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Establishment of statutory measure: Export of Fresh Citrus Fruit

G 51775 RG 11779 GoN 5706

20 December 2024

51775reg11779gon5706.pdf

ACTION

1.     Registration:

·       Producers, export agents, and exporters of export citrus fruit must register with the Citrus Growers Association of Southern Africa (CGA).

·       Registration must be completed within 30 days of the commencement of the statutory measure or within 30 days of any change in status (e.g., becoming an exporter or ceasing to be one).

2.     Application Process:

·       Obtain the registration form from the CGA, which is available free of charge.

·       Submit the completed form to the CGA by post, hand delivery, or email.

3.     Information Updates:

·       Inform the CGA of any changes in status, such as changes in the nature of the business or contact details, within 30 days of the change.

4.     Levy Payment:

·       Ensure the timely payment of levies imposed on the export of citrus fruit. The levies are collected to support the orderly functioning of the citrus industry.

5.     Record Keeping:

·       Maintain accurate records of all transactions and activities related to the export of citrus fruit. This includes keeping information and rendering returns as required by the CGA.

6.     Compliance with CGA Administration:

·       Adhere to any additional administrative requirements set by the CGA to ensure the effective implementation of the statutory measure.

LAW AND TYPE OF NOTICE

Marketing of Agricultural Products Act:

Establishment of Statutory Measure and Determination of Guideline Prices: Levies on Fresh Citrus Fruit Intended for Export

G 51775 RG 11779 GoN 5704

APPLIES TO: 

1.     Citrus Producers: Farmers and growers who cultivate citrus fruits intended for export.

2.     Export Agents: Individuals or entities that export citrus fruit on behalf of producers.

3.     Exporters: Companies or individuals who export citrus fruit in their own right, including producers who export their own produce or that of other producers.

4.     Citrus Growers’ Association (CGA): The organization responsible for administering the levy and using the funds for research, market access, and sector transformation.

5.     Perishable Product Export Control Board (PPECB): The body responsible for inspecting and approving citrus fruit for export.

SUMMED UP:

1.     Statutory Measure:

·       The statutory measure is established under the Marketing of Agricultural Products Act, 1996.

·       It aims to compel parties to pay a levy to the Citrus Growers’ Association (CGA) for funding various activities, including production research, market access, and sector transformation.

2.     Guideline Price:

·       The guideline price for fresh citrus fruit intended for export is set at R160.26 per 15kg carton.

3.     Levy Details:

·       The levy is imposed on all export citrus fruit.

·       The amount of the levy per 15kg carton is as follows:

·       2025: R1.65

·       2026: R1.67

·       2027: R1.70

·       2028: R1.76

4.     Payment of Levy:

·       The producer is liable for the payment of the levy.

·       Payment can be made directly by the producer or on behalf of the producer by the export agent or exporter.

·       Payment must be made within 30 days after the date of inspection and approval for export by the Perishable Product Export Control Board (PPECB).

5.     Administration:

·       The CGA will administer the measure.

·       The PPECB may refuse to inspect any consignment of citrus fruit intended for export if the producer, export agent, or exporter is not in good standing with the CGA.

6.     Validity:

·       The statutory measure comes into operation on the date of publication and will lapse on December 31, 2028.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. R. 5704 20 December 2024

MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996)

ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF GUIDELINE PRICES: LEVIES ON FRESH CITRUS FRUIT INTENDED FOR EXPORT

I, John Henry Steenhuisen, Minister of Agriculture, acting under sections 13 and 15 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), hereby –

(a) establish the statutory measure set out in the Schedule; and

(b) determine the guideline price for fresh citrus fruit intended for export to be R160.26 (weighted average price) per 15kg carton.

MR J.H. STEENHUISEN, MP

MINISTER OF AGRICULTURE

SCHEDULE

Definitions

1. In this Schedule any word or expression to which a meaning has been assigned in the Act must have that meaning, and unless the context indicates otherwise:

“APS Act” means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);

“CGA” means the Citrus Growers’ Association of Southern Africa, incorporated under the Companies Act, 2008 (Act No. 71 of 2008), with registration number 2000/010147/08;

“citrus fruit” means fresh citrus fruit;

“export agent” means a person that exports citrus fruit on behalf of a producer in an agency capacity;

“exporter” means a person that exports citrus fruit in his own right, and includes a producer that exports citrus fruit on his own behalf or on behalf of other producers;

“export citrus fruit” means fresh citrus approved for export following an inspection by PPECB;

“good standing” means the export agent, exporter or producer is not in arrears with the payment of any levies due to the CGA under this notice;

“PPECB” means the Perishable Product Export Control Board established under the Perishable Product Export Control Act, 1983 (Act No. 9 of 1983);

“person” includes any person defined as such in the Interpretation Act, 1957 (Act No. 33 of 1957);

“producer” means the grower of export citrus fruit; and

“the Act” means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended.

Purpose and aims of the statutory measure and the relation thereof to objectives of the Act

2.(1) The purpose and aim of this statutory measure is to compel the parties to pay a levy to the CGA. The levy builds on the statutory levy introduced in 2008, and is needed by the CGA for the funding of production research and development, plant improvement, information and statistics and market access functions to maintain current and develop new export markets, as well as the transformation of the citrus sector.

(2) The measure will not be detrimental to the number of employment opportunities or fair labour practice and will only affect the role players in the citrus industry. On the contrary, the statutory measure aims to maintain the position of South Africa as one of the largest producers of fresh citrus in the world.

(3) The measure will be administered by CGA, a company not for gain incorporated under the Companies Act, 2008.

Products to which statutory measure applies

3. This statutory measure shall apply to all citrus fruit intended for export.

Area in which statutory measure applies

4. This statutory measure shall apply within the geographical area of the Republic of South Africa.

Imposition of levy

5. A levy is hereby imposed on all export citrus fruit.

Amount of levy

6. The amount of the levy on export citrus fruit shall be as set out below:

Persons by whom levy is payable

7. The producer shall remain liable for the payment of the levy imposed under clause 5, but the levy shall be paid to the CGA at the manner and time set out in clause 8.

Manner and time of levy payment

8.(1) Payment of the levy shall be made to the CGA –

(a) directly by the producer concerned; or

(b) on behalf of the producer by the export agent or the exporter of the citrus fruit concerned: Provided that –

(i) if the amount of the levy has been paid on behalf of the producer by the export agent or the exporter of the citrus fruit concerned, he or she may deduct the amount thereof from any monies owed to such producer, or collect the amount of such levy from the producer concerned; and

(ii) the export agent or the exporter shall be entitled to retain an administration fee of 1% of the levy thus deducted or collected in terms of sub-clause (1)(b)(i) for his or her own account.

(2) Payment of the levy on export citrus fruit –

(a) must be made by electronic bank transfer to:

Citrus Growers’ Association

Bank: Standard Bank

Branch: Hillcrest

Branch number: 045726

Account number: 250783924; and

(b) must be made within 30 days after the date of inspection and approval for export of the citrus fruit by the PPECB.

(3) The PPECB may refuse to inspect any consignment of citrus fruit intended for export where the CGA has formally in writing informed the PPECB that the producer, export agent or exporter concerned is not in good standing with the CGA.

Commencement and validity

9. This statutory measure comes into operation on the date of publication hereof and lapse on 31 December 2028.

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Establishment of Statutory Measure and Determination of Guideline Prices: Levies on Fresh Citrus Fruit Intended for Export

G 51775 RG 11779 GoN 5704

20 December 2024

51775reg11779gon5704.pdf

ACTION

1.     Registration:

·       Producers must register their orchards annually with the National Plant Protection Organization of South Africa (NPPOZA) within the prescribed date and time

·       Exporters and export agents must ensure they are registered and in good standing with the Citrus Growers’ Association (CGA).

2.     Payment of Levies:

·       Producers are liable for the payment of the levy, which can be paid directly or through export agents or exporters

·       The levy amounts per 15kg carton are set for the years 2025 to 2028, and payments must be made within 30 days after inspection and approval for export by the Perishable Product Export Control Board (PPECB)

3.     Record Keeping:

·       Maintain accurate and retrievable records of all activities related to the production and export of citrus fruit, including pest control measures and compliance with phytosanitary regulations

4.     Compliance with Inspections:

·       Ensure that all citrus fruit intended for export is inspected and approved by the PPECB

·       The PPECB may refuse to inspect consignments if the producer, export agent, or exporter is not in good standing with the CGA

5.     Adherence to Guidelines:

·       Follow the guidelines and standards set by the Agricultural Product Standards Act and other relevant regulations

·       Implement Good Agricultural Practices (GAPs) and ensure compliance with phytosanitary requirements for export markets

6.     Administration Fee:

·       Export agents or exporters who pay the levy on behalf of producers are entitled to retain an administration fee of 1% of the levy

LAW AND TYPE OF NOTICE

Plant Health (Phytosanitary) Act 35 of 2024 Act 35 of 2024

G 51806 GoN 5725

APPLIES TO: 

1. Agriculture

• Farmers and Growers: Those involved in cultivating crops must adhere to phytosanitary measures to prevent pest infestations.
• Nurseries: Businesses that grow and sell plants must ensure their products are pest-free.

2. Horticulture

• Landscaping Companies: Firms that design and maintain gardens and green spaces need to comply with regulations to prevent the spread of pests.
• Greenhouses: Facilities that grow plants in controlled environments must follow phytosanitary protocols.

3. Forestry

• Timber Producers: Companies involved in the production and export of timber must ensure their products are free from pests.
• Wood Processing Plants: Facilities that process wood products must comply with pest control measures.

4. Import and Export

• Importers and Exporters: Businesses that import or export plants, plant products, and other regulated articles must obtain the necessary phytosanitary certificates and comply with inspection requirements.
• Logistics and Transportation: Companies involved in the transportation of regulated articles must ensure that their conveyances do not facilitate the spread of pests.

5. Retail and Wholesale

• Garden Centers and Plant Retailers: Stores that sell plants and plant products must ensure their stock is pest-free and comply with phytosanitary regulations.
• Wholesale Distributors: Distributors of plants and plant products must adhere to pest control measures to prevent the spread of pests.

6. Research and Development

• Agricultural Research Institutions: Organizations conducting research on plant health and pest control must comply with the Act’s provisions.
• Biotechnology Firms: Companies developing pest-resistant plant varieties must follow phytosanitary regulations.

7. Government and Regulatory Bodies

• National Plant Protection Organisation of South Africa: This body is responsible for implementing and enforcing the Act’s provisions.
• Provincial and Municipal Authorities: Local government entities involved in agriculture and land management must ensure compliance with the Act.

SUMMED UP:

The Plant Health (Phytosanitary) Act 35 of 2024 intends:

• to provide for phytosanitary measures to prevent the introduction, establishment and spread of regulated pests in the Republic;
• to provide for the control of regulated pests;
• to provide for regulation of the movement of plants, plant products and other regulated articles into, within and out of the Republic; and
• to provide for matters connected therewith.

Commencement

To be proclaimed

Key Objectives

• Prevent the introduction and spread of pests: The Act provides measures to control regulated pests and regulate the movement of plants and plant products.
• Establish the National Plant Protection Organisation of South Africa: This organization will oversee the implementation of phytosanitary measures.

Structure of the Act

The Act is divided into several chapters, each focusing on different aspects of plant health and pest control:

1.     Definitions and Interpretations: Clarifies key terms used in the Act.

2.     Administration: Outlines the responsibilities and powers of the Minister and the executive officer.

3.     Imports: Regulates the import of plants and plant products to prevent pest introduction.

4.     Export, Re-export, and Transit: Sets conditions for exporting and re-exporting plants and plant products.

5.     Pest Status and Phytosanitary Procedures: Details procedures for declaring pest-free areas and quarantine zones.

6.     General Provisions: Includes provisions for appeals, confidentiality, offences, and penalties.

Important Provisions

• Control Measures: The Minister can prescribe control measures for regulated pests.
• Powers of Entry and Inspection: Authorized persons can enter and inspect land for compliance.
• Quarantine Areas: Areas can be declared quarantine zones to control pest outbreaks.
• Phytosanitary Certificates: Required for the import and export of regulated articles.

Offences and Penalties

• Non-compliance: Penalties for failing to comply with the Act include fines and imprisonment.
• Confidentiality: Unauthorized disclosure of information is prohibited.

FULL TEXT

DETAILS

The Presidency

No. 5725 20 December 2024

It is hereby notified that the President has assented to the following Act, which is hereby published for general information:—

Act No. 35 of 2024: Plant Health (Phytosanitary) Act, 2024

(English text signed by the President)

(Assented to 10 December 2024)

To provide for phytosanitary measures to prevent the introduction, establishment and spread of regulated pests in the Republic; to provide for the control of regulated pests; to provide for regulation of the movement of plants, plant products and other regulated articles into, within and out of the Republic; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

ARRANGEMENT OF SECTIONS

Sections

CHAPTER 1

DEFINITIONS

1. Definitions and Interpretations

CHAPTER 2

ADMINISTRATION

2. Responsibility for administration of Act

3. Powers of Minister

4. Prescribing of control measures by Minister

5. Designation of executive officer

6. Powers of executive officer

7. Orders with regard to land

8. Powers of entry, search, inspection and seizure with regard to land

9. Establishment of National Plant Protection Organisation of South Africa

10 Composition of National Plant Protection Organisation of South Africa

11. Functions of National Plant Protection Organisation of South Africa

CHAPTER 3

IMPORTS

12. Regulation of imports

13. Import of regulated articles

CHAPTER 4

EXPORT, RE-EXPORT AND TRANSIT

14. Export of regulated articles

15. Re-export

16. In-transit

CHAPTER 5

PEST STATUS AND PHYTOSANITARY PROCEDURES

17. Declaration of regulated pests

18. Compulsory notification of presence of pests

19. Declaration of quarantine areas

20. Declaration of pest-free areas, places and sites of production

21. Declaration of area of low pest prevalence

CHAPTER 6

GENERAL PROVISIONS

22. Assignment of powers

23. Right to appeal

24. Appeal Board, composition and membership

25. Investigation and consideration by Appeal Board

26. Consideration of appeal by Minister

27. Preservation of confidentiality

28. Offences and penalties

29. Liability of employer

30. Regulations

31. Compensation

32. Assistance and cooperation

33. Limitation of liability

34. Provisions binding State

35. Application of international agreements

36. Transitional provisions

37. Repeal of laws

38. Short title and commencement

SCHEDULE

Act repealed

CHAPTER 1

DEFINITIONS

Definitions and Interpretations

1. (1) In this Act, unless the context indicates otherwise—

‘‘area of low pest prevalence’’ means an area, whether all of a country, part of a country, or all or parts of several countries, as identified by the competent authorities, in which a specific pest occurs at low levels and which is subject to effective surveillance, control or eradication measures;

‘‘assignee’’ means a person or juristic person to whom a power or duty has been assigned by the Minister under section 22(1);

‘‘authorised person’’ means a person contemplated in section 8(1);

‘‘authority’’ means, depending on the context—

(a) an authority granted by the Minister under section 5(2); and

(b) the Department responsible for agriculture, land reform and rural development;

(c) the provincial departments responsible for agriculture, land reform and rural development; and

(d) municipal entities responsible for agriculture, land reform and rural development;

‘‘commodity’’ means a type of plant, plant product or other regulated article being moved for trade or other purpose;

‘‘consignment’’ means a quantity of plants, plant products or other regulated articles being moved from or to the Republic and covered, when required, by a single phytosanitary certificate;

‘‘consignment in transit’’ means a consignment that passes through a country without being imported and that may be subject to phytosanitary measures;

‘‘control’’ means the suppression, containment or eradication of a pest population;

‘‘control measure’’ means a control measure prescribed by the Minister under section 4;

‘‘Convention’’ means the International Plant Protection Convention (IPPC), as deposited in 1951 with the Food and Agriculture Organisation (FAO) in Rome and as subsequently amended from time to time, and which was acceded to by the Republic at its 29th Session in November 1997;

‘‘conveyance’’ means any aircraft, vessel, train, motor car, van, truck, cart or other vehicle, plant or any other regulated article that can act as a pathway for pests;

‘‘day’’ means any calendar day excluding Saturdays, Sundays and public holidays within the Republic;

‘‘Department’’ means the Department responsible for agriculture, land reform and rural development;

‘‘emergency measure’’ means a phytosanitary measure established as a matter of urgency in a new or unexpected phytosanitary situation, and which may or may not be

a provisional measure;

‘‘eradication’’ means the application of phytosanitary measures to eliminate a pest from an area;

‘‘establishment’’ means the perpetuation, for the foreseeable future, of a pest within an area after entry;

‘‘executive officer’’ means an officer designated in terms of section 5(1);

‘‘export’’ means to move, or the transboundary movement of, regulated articles from the Republic to any place outside the Republic;

‘‘exporter’’ means any person who, whether as owner, consignor, agent or broker, is in possession of or in any way entitled to the custody or control of any regulated article to be exported from the Republic;

‘‘import’’ means to move, or the transboundary movement of, regulated articles into the Republic;

‘‘importer’’ means any person who, whether as owner, consignee, agent or broker, is in possession of or in any way entitled to the custody or control of any plant, plant product or regulated article to be imported into the Republic;

‘‘infestation’’ means the presence in a commodity of a living pest of the plant or plant product concerned, and includes infection;

‘‘inspection’’ means the official visual examination of plants, plant products or other regulated articles to determine if pests are present or to determine compliance with phytosanitary measures;

‘‘integrity’’ means the composition of a consignment as described by its phytosanitary certificate or other officially acceptable document, maintained without loss, addition or substitution;

‘‘introduction’’ means the entry of a pest which may result in its establishment;

‘‘juristic person’’ means any organisation, partnership, corporation, association, joint venture, or other legal entity;

‘‘Minister’’ means the Minister responsible for agriculture, land reform and rural development;

‘‘National Plant Protection Organisation of South Africa’’ means the organization designated under section 9 to discharge the functions specified under section 11;

‘‘officer’’ means an officer or employee as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);

‘‘order’’ means an order given by the executive officer in terms of section 7;

‘‘organ of state’’ means—

(a) any department of state or administration in the national, provincial or local sphere of government; or

(b) any other functionary or institution—

(i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or

(ii) exercising a public power or performing a public duty in terms of any legislation, but does not include a court or judicial officer;

‘‘organism’’ means any biotic entity capable of reproduction or replication in its naturally occurring state;

‘‘pathway’’ refers to any means that allows the entry or spread of a pest;

‘‘permit’’ means any authorisation, issued under this Act, to move plants, plant products or other regulated articles in accordance with phytosanitary measures prescribed by this Act, and includes ‘‘phytosanitary certificate’’ and ‘‘import permit’’;

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

‘‘pest-free area’’ means an area in which a specific pest does not occur as demonstrated by scientific evidence and in which, where appropriate, this condition is being officially maintained;

‘‘pest-free place of production’’ means a place of production in which a specific pest does not occur as demonstrated by scientific evidence and in which, where appropriate, this condition is being officially maintained;

‘‘pest-free production site’’ means a defined portion of a place of production in which a specific pest does not occur as demonstrated by scientific evidence and in which, where appropriate, this condition is being officially maintained for a defined period and that is managed as a separate unit in the same way as a pest-free place of production;

‘‘pest-risk analysis’’ means the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it;

‘‘phytosanitary action’’ means an official operation, such as inspection, testing, surveillance or treatment, undertaken to implement phytosanitary measures;

‘‘phytosanitary certificate’’ means an official document that attests to the phytosanitary status of any consignment affected by phytosanitary regulations, patterned after the model certificates of the IPPC;

‘‘phytosanitary import requirements’’ means specific phytosanitary measures established by an importing country concerning consignments moving into that country;

‘‘phytosanitary measures’’ means those measures, regulations or procedures provided for by this Act having the purpose to prevent the introduction or spread of quarantine pests or to limit the economic impact of regulated non-quarantine pests;

‘‘phytosanitary security’’, in relation to a consignment, means the maintenance of integrity and prevention of re-infestation after phytosanitary certification and prior to export;

‘‘plant’’ means any living plant and parts of it, including seeds and germplasm;

‘‘plant products’’ means any unmanufactured material of plant origin, including grain, and those manufactured products which, by their nature or that of their processing, may create a risk for the introduction and spread of pests;

‘‘point of entry’’ means an airport, seaport or land border point officially designated or prescribed for the importation of consignments, or entrance of passengers;

‘‘point of exit’’ means an airport, seaport or land border point or a point designated or prescribed for the exportation of consignments, or exit of passengers;

‘‘prescribed’’ means prescribed by any accompanying regulations or control measures;

‘‘provisional measure’’ means a phytosanitary regulation or procedure established without full technical justification owing to a current lack of adequate information;

‘‘quarantine’’ means official confinement of regulated articles for observation and research or for further inspection, testing or treatment;

‘‘quarantine area’’ means an area determined by order under section 19(1) within which a quarantine pest is present and is being officially controlled;

‘‘quarantine facility’’ means an official facility for holding plants or plant products in quarantine;

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

‘‘re-export’’ means an imported consignment into the Republic from which it is then exported;

‘‘regulated area’’ means an area into which, within which or from which plants, plant products and other regulated articles are subjected to phytosanitary measures or procedures in order to prevent the introduction or spread of quarantine pests or to limit the economic impact of regulated non-quarantine pests;

‘‘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;

‘‘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 Republic;

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

‘‘regulation’’ means regulations made under section 30;

‘‘spread’’ means the expansion of the geographical distribution of a pest within an area;

‘‘surveillance’’ means an official process of surveying, monitoring or other procedures in order to collect and record data on the occurrence or absence of pests;

‘‘technically justified’’ means justified on the basis of conclusions reached by using an appropriate pest risk analysis or, where applicable, another comparable examination and evaluation of available scientific information;

‘‘test’’ means an official examination, other than visual, to determine if pests are present or to identify pests;

‘‘this Act’’ means the Plant Health (Phytosanitary) Act;

‘‘treatment’’ means an official procedure for the killing, inactivation or removal of pests, or for rendering pests infertile or for devitalisation;

‘‘user of land’’ means an owner of land, and includes—

(a) a person who has a personal or real right in respect of land in his or her capacity of fiduciary, fidei-commissary, holder of a servitude, possessor, lessee or occupier, irrespective of whether he or she resides on it;

(b) a person who has the right to cut trees or wood on land or to remove trees, wood or other organic material from land;

(c) a person who has the right to remove sand, soil, clay, stone or gravel from land; and

(d) a person who carries on prospecting or mining activities on land; and

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

(2) Where a provision of this Act is in conflict with any other law on plant health, the provision of this Act prevails.

CHAPTER 2

ADMINISTRATION

Responsibility for administration of Act

2. The primary responsibility for the administration of this Act lies with the Minister.

Powers of Minister

3. (1) The Minister may, out of funds appropriated by Parliament for that purpose, perform any act on or with respect to land that is necessary to—

(a) carry out the provisions of a control measure or an order where the user of land concerned refuses or neglects to do so;

(b) release on, or remove or eradicate from, land an organism imported in terms of section 13(5);

(c) control regulated pests; and

(d) further the objectives of this Act.

(2) The Minister may, on application, authorise a person or juristic person to perform at the expense of that person or juristic person and subject to the control and instruction of the Minister, the acts referred to in subsection (1)(a), and such a person or juristic person has no recourse against the State for expenses so incurred.

(3) The Minister may, by notice in the Gazette, prescribe control measures which must be complied with or carried out by a user of land in terms of section 4.

(4) The Minister may make regulations in terms of section 30.

Prescribing of control measures by Minister

4. (1) The Minister may, by notice in the Gazette, prescribe control measures which must be complied with or carried out by a user of land.

(2) Control measures may relate to—

(a) the control of regulated pests;

(b) the keeping, planting or cultivation of plants;

(c) the keeping of regulated articles;

(d) the removal of regulated articles from land within a specified area to—

(i) other land within the same area; or

(ii) other land within any other specified area;

(e) the notification of the occurrence of regulated pests; or

(f) any other matter which may be necessary or expedient to prescribe in order to further the objectives of this Act, and the generality of the power conferred by this paragraph may not be limited by the preceding paragraphs.

(3) Control measures must—

(a) contain a prohibition or obligation with regard to any matter referred to in subsection (2);

(b) provide that the executive officer may, upon application by a person, exempt that person from the prohibition or obligation by means of a permit; and

(c) prescribe fees payable by a person applying for a permit referred to in paragraph (b).

(4) Different control measures may be prescribed in respect of different regulated pests, different areas or different circumstances or in such other respect as may be necessary.

Designation of executive officer

5. (1) The Minister must designate the director in the department responsible for phytosanitary measures as the executive officer.

(2) The executive officer is the authority to whom the provision of phytosanitary measures is entrusted and must exercise the powers and perform the duties conferred or imposed upon the executive officer under this Act.

Powers of executive officer

6. (1)(a) The executive officer may delegate to any officer of the Department, or with the approval of the Minister to any juristic person, any power conferred upon him or her by or under this Act.

(b) Any decision made or order given by any such officer or any such juristic person must be regarded as having been made by the executive officer.

(c) Any decision or order of such an officer or any such juristic person may at any time be withdrawn or amended in writing by the executive officer.

(2) If the executive officer ascertains, or suspects on reasonable grounds, that regulated articles have been or will be imported into the Republic contrary to this Act, or have been or will be exported out of the country, or that regulated articles are infested, or have been moved or will be moved from a declared infested area to a non-infested area within the Republic, the executive officer may—

(a) order the person in charge of the conveyance by which the regulated articles have been or will be imported or conveyed, that such articles or part of them as he or she may determine—

(i) not be off-loaded;

(ii) not be conveyed any further; or

(iii) be off-loaded at any place determined by the executive officer;

(b) order the person in control of the regulated articles, or the person by whom or on whose behalf the regulated articles have been or will be imported or conveyed, or the person in possession or in charge of the regulated articles or part of such article, to remove from the Republic, destroy, treat, detain or deal with the regulated articles in the manner, at the place and within the period determined by the executive officer;

(c) destroy or cause to destroy the regulated articles or part of them as he or she may determine after notifying, in writing, the person in control or in charge of the regulated articles, or by whom or on whose behalf the regulated articles have been imported: Provided that where the destruction of the regulated articles is urgently required or the giving of notice is impractical, notice need not be given;

(d) search any person, personal luggage or conveyance;

(e) where a person does not comply with the provisions in paragraph (a) or (b), destroy or cause to destroy the regulated articles; or

(f) order the owner or person in possession or in charge of the regulated articles, including any articles produced through, or acquired through, from or by means of the regulated articles, to deal with those articles as provided in paragraph (b) irrespective of the degree of descent or relationship concerned, or the connection between the regulated articles.

(3) The executive officer may institute an inquiry and request information and documentation from any person, to exercise his or her powers or perform his or her duties.

(4) The executive officer may inspect, sample, test or investigate regulated articles and conduct surveillances.

(5) The executive officer may audit delegates or assignees.

(6) The executive officer may issue or grant any order or relevant permit, including a phytosanitary certificate.

(7) When the executive officer issues or grants an order or relevant permit subject to technically justifiable conditions, he or she may at any time—

(a) amend the provisions or conditions concerned; or

(b) withdraw the order or relevant permit in writing.

(8) In a case where the executive officer issues or grants an order or relevant permit, he or she may at any time, on application, determine points of entry or exit other than the points of entry or exit prescribed in terms of this Act.

(9) The executive officer or an official who has been—

(a) delegated for this purpose under this Act; or

(b) declared to be a peace officer under section 334(1)(a) of the Criminal Procedure Act, 1977 (Act No. 55 of 1977), may issue an admission of guilt fine not exceeding R2500, as prescribed, to anyone who contravenes the provisions of sections 4 and 7.

(10) For the purpose of this section, ‘‘detain’’ means keeping a consignment in official custody or confinement as a phytosanitary measure.

Orders with regard to land

7. (1) The executive officer may, by written order, which must be served in the prescribed manner, instruct a user of land to observe or carry out the provisions of a particular control measure on or with respect to any quarantine area or regulated area determined in that order.

(2) Such an order may provide that anything required in terms of the order, must be done or omitted in the manner or within or during the period mentioned in it.

(3) The executive officer may, upon application by the user of land concerned and against payment of the prescribed fees, if any, withdraw or amend an order, and for that purpose carry out the necessary inspection of the quarantine area or regulated area.

(4)(a) Despite a prohibition in an order referred to in subsection (1), the executive officer may, in writing, authorise a user of land to remove a regulated article from the quarantine area or regulated area concerned in order to treat, eradicate or destroy it or dispose of it.

(b) An application for an authorisation contemplated in paragraph (a) must be submitted in the prescribed manner to the executive officer.

Powers of entry, search, inspection and seizure with regard to land

8. (1) A person authorised by the Minister to perform an act under section 3(2) may on the authority of a warrant at any reasonable time enter upon or proceed over land to perform that act on or in connection with that land or other land.

(2) The person contemplated in subsection (1) may—

(a) after having notified the user of land concerned of his or her intention to do so, take with him or her when he or she enters upon or proceeds over that land such persons, vehicles, goods and material as he or she may require for the performance of the relevant act: Provided that notice need not be given if the user of the land concerned does not reside on that land and cannot readily be traced; and

(b) require the user of land concerned or his or her manager, agent or employee on that land to render him or her such reasonable assistance as may be necessary in the circumstances to enable him or her to perform the act concerned.

(3) The executive officer may at any reasonable time, after having obtained a warrant—

(a) proceed over any land to reach the area where he or she wants to exercise his or her powers or perform his or her duties;

(b) enter and search any land, building or conveyance if he or she suspects on reasonable grounds that there may be a regulated article on or in it or with a person, and for that purpose he or she may inspect anything on or in that land, building or conveyance on or with that person and remove it or a sample of it for further investigation;

(c) require access to a book, document or electronic equipment at or on that land, building or conveyance which he or she suspects on reasonable grounds may relate to a regulated article, and make copies of or extracts from that book, document or electronic information;

(d) demand an explanation in connection with a relevant entry in such a book, document or electronic information or anything observed by him or her during his or her inspection, from a person who may have knowledge of the entry concerned or of something observed by him or her;

(e) seize an article which may serve as evidence of the commission of an offence in terms of this Act, and for that purpose remove it or a sample of it or any other article from the land, building or conveyance in question, and affix an identification mark or seal to it;

(f) enter and inspect any land to demarcate a quarantine area or regulated area and for that purpose effect or erect a marker, peg, label or other mark on or in connection with the land;

(g) enter and search any land to determine if the user of the land concerned is complying with or carrying out, or has complied with or carried out, the provisions of a control measure or order;

(h) enter any land, building, conveyance or premises to carry out any surveillance of pests; and

(i) enter any land, building, conveyance or premises to carry out any other investigation in connection with any matter mentioned in this Act.

(4) A warrant referred to in subsection (3) must be issued by a magistrate who has jurisdiction in the area where the land, building, conveyance or premises in question are situated, and must be issued only if it appears to the magistrate from the information on oath or affirmation that there are reasonable grounds for believing that an article mentioned in subsection (3)(b) and (e) is upon or in such land or premises and must specify which of the acts mentioned in subsection (3) may be performed by the person to whom it is issued.

(5)A warrant issued in terms of this section must be executed by day unless the person who issues the warrant authorises the execution thereof by night at times which must be reasonable, and entry upon and search of any land, building, conveyance, premises, or specified area in such warrant, must be conducted with strict regard to decency and order, including—

(a) the right of a person to respect and the protection of his or her dignity;

(b) the right of a person to freedom and security; and

(c) the right of a person to his or her personal privacy.

(6) The executive officer, employee or juristic person executing a warrant in terms of this section must immediately before commencing with the execution—

(a) identify himself or herself to the person in control of the land or premises if such a person is present, and hand to such a person a copy of the warrant, or if such a person is not present, affix such copy to a prominent place on the land, premises or conveyance; and

(b) supply such person at his or her request with particulars regarding his or her authority to execute such a warrant.

(7) If, during the execution of a warrant or the conducting of a search in terms of this section, a person claims that an article found on or in the land, premises or conveyance in question contains confidential information and refuses the inspection, seizure or removal of such article, the person executing the warrant or conducting the search must, if he or she is of the opinion that the article contains information which is relevant to the investigation and that such information is necessary for the investigation or hearing, request a magistrate who has jurisdiction to seize or remove that article for safe custody until a court of law has made a ruling on the question whether or not the information in question is confidential.

(8)A warrant issued in terms of this section may be issued on any day and remains in force until—

(a) it is executed;

(b) it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority;

(c) the expiry of one month from the day of its issue; or

(d) the purpose for which the warrant was issued no longer exists, whichever occurs first.

(9) When the executive officer exercises a power referred to in subsection (3) on or in connection with any land, premises or conveyance, he or she may require the user of land, owner or person in charge, or his or her manager, agent or employee, to render him or her such reasonable assistance as may be necessary.

(10) When the executive officer exercises a power referred to in subsection (3) on or in connection with any land, premises, building or conveyance, he or she may make use of any person or equipment to assist him or her in the exercise of his or her power.

(11) A person authorised under this section to enter upon, search or proceed over any land, building or conveyance must show to the user of the land, owner or person in charge, or his or her manager, agent or employee, proof of his or her identity.

Establishment of National Plant Protection Organisation of South Africa

9. (1) The National Plant Protection Organisation of South Africa is hereby established in accordance with the provisions of Article IV of the Convention.

(2) The National Plant Protection Organisation of South Africa must perform the functions provided for in this Act.

Composition of National Plant Protection Organisation of South Africa

10. The National Plant Protection Organisation of South Africa consists of directorates responsible for phytosanitary policy and operation matters in the Department.

Functions of National Plant Protection Organisation of South Africa

11. The National Plant Protection Organisation of South Africa shall perform the following functions:

(a) Provide a national plant protection contact point in terms of the Convention in the Republic;

(b) issue phytosanitary certificates;

(c) conduct pest risk analyses;

(d) develop and publish phytosanitary measures;

(e) propose, review and enforce phytosanitary measures;

(f) inspect consignments of plants, plant products and other regulated articles;

(g) notify trading partners regarding non-compliance with phytosanitary import requirements;

(h) notify other countries about the Republic’s phytosanitary measures, regulations, requirements and legislation;

(i) conduct surveillance for regulated pests in the Republic;

(j) conduct phytosanitary audits to ensure that pest management is in compliance with official phytosanitary measures and standards;

(k) render plant health services that include phytosanitary diagnostic services and quarantine services;

(l) distribute plant health information regarding regulated pests and any other phytosanitary matters that are of public interest;

(m) conduct training and development of staff;

(n) represent the Republic in bilateral, regional and other international phytosanitary forums;

(o) negotiate and maintain export work programmes, bilateral protocols for importing and exporting plants and plant products and other regulated articles; as well as any other related phytosanitary measures; and

(p) perform such other functions as may be required by the provisions of this Act and relevant international agreements.

CHAPTER 3

IMPORTS

 Regulation of imports

12. (1) In order to prevent the introduction, establishment and spread of regulated pests, the executive officer may—

(a) conduct pest-risk analyses and prescribe specific phytosanitary measures as conditions for the import of plants, plant products and other regulated articles;

(b) exempt or prohibit the import of specified plants, plant products and other regulated articles;

(c) implement emergency and provisional measures in relation to imports; and

(d) take phytosanitary action in relation to imports.

(2) Phytosanitary measures under subsection (1)(a) and the exemptions or prohibitions under subsection (1)(b) shall be based on existing international standards or be technically justified based on pest-risk analyses.

(3) The executive officer may engage in preparatory negotiations with counterparts for phytosanitary bilateral and multilateral agreements.

Import of regulated articles

13. (1) Subject to subsections (2), (5) and (6), a person may not, except on authority of an import permit that may on application be issued by the executive officer on such conditions as he or she may determine, import into the Republic regulated articles.

(2) The Minister may, by notice in the Gazette, determine that specific regulated articles may be imported into the Republic without an import permit, subject to conditions set out in that notice.

(3)A person importing regulated articles into the Republic on the authority of a permit or a notice in the Gazette as contemplated in subsection (2)—

(a) must do so through a prescribed point of entry, except where an executive officer has determined an alternative point of entry;

(b) must present the regulated articles and prescribed documents at the point of entry or any other place determined by the executive officer for inspection, tests or other activities;

(c) must not remove the regulated articles from the point of entry or any other place before the executive officer has authorised such removal in writing;

(d) must apply for inspection on a form obtainable from the executive officer; and

(e) is liable for the payment of the prescribed fees.

(4)(a) The executive officer may review, modify or revoke an import permit in the case where import conditions have been amended or modified or where the permit holder has contravened the conditions of the import permit;

(b) If the executive officer reviews, modifies or revokes an import permit in terms of subsection (4)(a) he or she must advise the permit holder in writing of the review, modification or revocation and the reasons for the review, modification or revocation within 10 days of his or her decision.

(5) The Minister may allow the importation of any organism of a kind not indigenous to the Republic, if the presence of it in the Republic is desirable to—

(a) control the occurrence of pests in the Republic; or

(b) further the objectives of this Act;

(6) The Minister may consult widely with, and take into account the advice of members of the agricultural and scientific communities before taking action under subsection (5).

(7) The Minister may, by notice in the Gazette, determine regulated articles in respect of which a permit for importation into the Republic may not be issued.

CHAPTER 4

EXPORT, RE-EXPORT AND TRANSIT

Export of regulated articles

14. (1) A person intending to export plants, plant products or other regulated articles from the Republic—

(a) must comply with the phytosanitary import requirements of the importing

country;

(b) must apply to the executive officer for the prescribed phytosanitary certificate, where applicable, in the prescribed manner;

(c) must do so through a prescribed point of exit, except where the executive officer has determined an alternative point of exit;

(d) is liable for the prescribed fees;

(e) must present the consignment for inspection; and

(f) must comply with the prescribed export phytosanitary protocols and related requirements.

(2) The executive officer shall, upon application by an exporter under subsection (1)(b), inspect the consignment without undue delay.

(3) Upon inspection under subsection (2) the executive officer shall—

(a) where the consignment meets the importing country’s phytosanitary measures, issue a phytosanitary certificate and any other required declaration; or

(b) deny certification where requirements under subsection (1) have not been met.

(4) After the issuance of a phytosanitary certificate, the exporter shall export the consignment in compliance with the conditions of the National Plant Protection Organisation of South Africa concerning maintenance of the phytosanitary security of a consignment after certification.

Re-export

15. (1) When a consignment is imported into the Republic for further export to another country, the exporter—

(a) must apply to the executive officer for a prescribed phytosanitary certificate for re-export;

(b) must provide all required documentation to the relevant executive officer;

(c) must avail the consignment for inspection; and

(d) is liable for the prescribed fees.

(2) The executive officer shall, upon application by an exporter under subsection (1)(a), inspect the consignment without undue delay.

(3) Upon inspection under subsection (2), the executive officer shall issue a re-export phytosanitary certificate where he or she has reasonable grounds to believe that the consignment—

(a) complies with the phytosanitary measures of the importing country; and

(b) the accompanying documents comply with the phytosanitary import requirements of the importing country.

(4) Upon issuance of a re-export phytosanitary certificate, the exporter shall re-export the consignment in compliance with the conditions of the National Plant Protection Organisation of South Africa concerning consignment integrity and phytosanitary security.

(5) In cases where any of the requirements of subsection (3) are not met, the executive

officer shall not issue a phytosanitary certificate in accordance with section 14(3).

(6)Any phytosanitary certificate issued under subsection (3) shall indicate the country of origin of the consignment.

In-transit

16. (1) Transit of consignments carrying certain regulated articles through the Republic shall be permitted only upon written permission by the executive officer, which shall be granted after application by a person in control of transition process or transiting the consignment in the prescribed form and the payment of any prescribed fee.

(2) Phytosanitary measures shall not apply to a consignment in transit through the Republic, provided that the consignment—

(a) has been packed in such a manner as not to permit any risk of the introduction and spread of regulated pests that might be present in the consignment;

(b) where applicable, is accompanied by the phytosanitary certificate and accompanying documents of the country of origin.

CHAPTER 5

PEST STATUS AND PHYTOSANITARY PROCEDURES

Declaration of regulated pests

17. (1) The executive officer must declare a pest as a quarantine pest or regulated non-quarantine pest, based on a pest-risk analysis.

(2) The executive officer must publish the lists of regulated pests in a government notice.

Compulsory notification of presence of pests

18. (1) A user of land who knows or suspects the presence of regulated pests on the land concerned must—

(a) immediately notify the executive officer or authority by the quickest practicable means;

(b) provide the executive officer with such further information as the executive officer may reasonably require; and

(c) take all reasonable measures to prevent the spread of the regulated pests.

(2) Any person who has for the first time identified or recorded the occurrence of a regulated pest to be present in the Republic must immediately report it to the executive officer or authority.

Declaration of quarantine areas

19. (1) Where the executive officer determines or suspects that an area or premises is infested with any quarantine pest, he or she may declare in the prescribed manner that area a quarantine area.

(2) The executive officer shall regularly review the situation in respect of any quarantine area and as soon as either—

(a) the relevant quarantine pest is considered as no longer present; or

(b) it is no longer viable for the quarantine to be maintained in respect of part or all of the area,

it shall revoke the quarantine status of such area.

(3) The executive officer may declare a place to be a quarantine facility in which regulated articles may, subject to this Act, be kept, examined, disinfested, treated, destroyed or otherwise disposed thereof.

Declaration of pest-free areas, places and sites of production

20. A pest-free area, place and site of production may be established and declared in the prescribed manner when the executive officer—

(a) is satisfied through surveillance that a specific pest is not present in the area;

(b) adopts phytosanitary measures to establish and maintain a pest-free area; and

(c) institutes a surveillance programme to verify that the pest-free status is maintained.

Declaration of area of low pest prevalence

21. An area of low pest prevalence may be declared in the prescribed manner when the executive officer—

(a) is satisfied that a regulated pest occurs at low levels in an area;

(b) adopts phytosanitary measures to establish and maintain an area of low pest prevalence; and

(c) institutes a surveillance programme to verify that the pest levels remain low.

CHAPTER 6

GENERAL PROVISIONS

Assignment of powers

22. (1) If the Minister deems it fit, he or she may assign, in writing, any power conferred or assign any duty imposed on the Minister by this Act to a juristic person or organs of state, except the power—

(a) conferred upon him or her by section 13(1), (2), (5) and (6);

(b) to prescribe control measures under section 4;

(c) to decide an appeal under section 23;

(d) to make regulations under section 30; and

(e) to perform the functions of the executive officer under section 6.

(2) When the Minister assigns a power or duty referred to in subsection (1), he or she may determine that the assignee concerned must exercise his or her powers and perform his or her duties subject to the instructions of the Minister.

(3)(a) A juristic person established under any law and to whom a power or duty has been assigned under subsection (1) is, despite the absence of any express provision to that effect in the law under which it was established, deemed competent to exercise the power or perform the duty.

(b) Subject to the approval of the Minister, such juristic person may in writing

authorise a person in its employment to exercise the power or to perform the duty concerned: Provided that a decision or order of the authorised person may at any time be withdrawn or amended by the Minister.

Right to appeal

23. A person who feels aggrieved by any decision or action by the executive officer in terms of this Act may appeal in the prescribed manner to the Minister against such decision or action.

Appeal Board, composition and membership

24. (1) The Minister may constitute a board known as the Appeal Board to investigate and consider any appeal referred to in terms of section 23.

(2) The Appeal Board must consist of not less than three members appointed by the Minister, of whom—

(a) one person must be appointed on account of his or her knowledge in the relevant fields of the law; and

(b) two or more persons must have expert knowledge of the subject of the appeal.

(3) The person referred to in subsection (2)(a) must be designated as the chairperson.

(4) The remuneration of a member of the Appeal Board must be prescribed.

(5) Any person appointed in terms of subsection (2) must recuse himself or herself as a member of the Appeal Board if he or she has any direct or indirect personal interest in the outcome of the appeal.

Investigation and consideration by Appeal Board

25. (1) The Minister may refer an appeal to the Appeal Board.

(2) An appeal must be heard on the date, time and place determined by the chairperson.

(3) The chairperson must inform the appellant and any other party that has an interest in the appeal in writing of the date, time and place of the hearing.

(4) The chairperson may, for the purposes of the hearing of an appeal—

(a) summon any person who may have material information concerning the subject of the hearing or who has in his or her possession or custody or under his or her control any document which has any bearing upon the subject of the hearing, to appear before the Appeal Board at a date, time and place specified in the summons, to be questioned or to produce that document, and the chairperson may retain for examination any document so produced; and

(b) administer an oath to or accept an affirmation from any person called as a witness at the hearing.

(5) A person who appeals in terms of section 23 and the executive officer may be represented.

(6) If a member of the Appeal Board—

(a) dies during the investigation of the appeal or so soon before the commencement of the investigation that the vacancy cannot be filled in time;

(b) is unable to act and another person cannot be appointed in time; or

(c) is, after the investigation has commenced, unable to continue therewith, the parties may agree that the investigation be continued by the remaining members of the Appeal Board.

(7) Where the member of the Appeal Board who has died or has become incapacitated as envisaged in subsection (6) was or is the chairperson of the Appeal Board, the Minister must designate one of the remaining members of the Appeal Board to act as chairperson.

Consideration of appeal by Minister

26. (1) Where the Minister has referred an appeal to the Appeal Board in terms of

section 24(1), he or she may—

(a) confirm or set aside the recommendations of the Appeal Board; and

(b) order the executive officer to execute the decision in connection therewith.

(2) Where the Minister considers an appeal, he or she may—

(a) confirm, set aside or vary the decision of the executive officer; and

(b) order the executive officer to execute the decision in connection therewith.

(3) The decision of the Minister must be in writing and a copy thereof must be furnished to the executive officer, appellant and any other party that has an interest in the appeal.

(4) If the Minister—

(a) sets aside any decision or action by the executive officer, the prescribed fee paid by the appellant in respect of the appeal must be refunded to him or her; or

(b) varies any decision or action by the executive officer, the Minister may direct that the whole or any part of such fee, be refunded to the appellant.

Preservation of confidentiality

27. Subject to the provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), no person may, except for the purposes of exercising his or her powers in terms of this Act, or for the purposes of legal proceedings under this Act, or when required to do so under a law, disclose to any other person information acquired by him or her in the exercise of those powers relating to the business or affairs of any person.

Offences and penalties

28. (1) A person is guilty of an offence if he or she—

(a) contravenes, refuses or fails to comply with a provision of section 13(1) or (3), including a condition imposed in connection with an import permit, or a condition in a notice referred to in section 13(2);

(b) is found in possession of regulated articles in respect of which there is a reasonable suspicion that they were moved from an infested area to a non-infested area as provided in the relevant regulation, imported without an import permit referred to in section 13(1), or contrary to a condition of a permit or a condition set out in a notice issued under section 13(2), and who is not able to give a satisfactory account of such possession;

(c) contravenes, refuses or fails to comply with a provision of section 14, 15 or 16;

(d) refuses or neglects to notify the executive officer as required by section 18 or to give him or her the requested further information;

(e) refuses or neglects to comply with or carry out a provision of a control measure, order or authority, including a condition imposed in connection with it;

(f) obstructs or hinders an executive officer, an officer or a delegate or assignee in the exercise of his or her powers or the performance of his or her duties;

(g) effects an unauthorised entry or deletion on a document issued or required under this Act;

(h) refuses or neglects to supply information, produce a document or give an explanation to a person who is authorised in terms of this Act to ask for it, or who supplies information or gives an explanation knowing it to be false;

(i) refuses or neglects to render the assistance contemplated in section 8(2)(b);

(j) damages, destroys, removes, shifts, alters or otherwise tampers with a marker, peg, label or other mark effected or erected for the purpose of demarcating a quarantine area or regulated area;

(k) damages, destroys, removes, shifts, alters or otherwise tampers with surveillance equipment; or

(l) discloses information contrary to section 27.

(2) A person found guilty of an offence mentioned in subsection (1) is liable—

(a) on a first conviction of an offence in terms of subsection (1)(a), (b) or (c), to a fine or imprisonment for a period not exceeding five years;

(b) on a first conviction of an offence in terms of subsection (1)(d), (e), (f) or (g), to a fine or imprisonment for a period not exceeding 18 months;

(c) on a second or subsequent conviction of an offence mentioned in subsection

(2)(a), whether the same or some other offence mentioned in that subsection, in the case of a person, to imprisonment for a period not exceeding 10 years, and in the case of a juristic person, to a fine as determined by court of law.

(d) on a second or subsequent conviction of an offence mentioned in subsection

(2)(b), whether the same or some other offence mentioned in that subsection, to a fine or to imprisonment for a period not exceeding three years; and

(e) on conviction of an offence in terms of subsection (1)(h), (i), (j), (k) or (l), to a fine or imprisonment for a period not exceeding two months.

(3) Notwithstanding anything to the contrary in any law contained, a magistrate’s court shall be competent to impose any fine or imprisonment provided for in this section.

Liability of employer

29. (1) When a manager, representative, agent, employee or member of the family of a person (in this section referred to as the principal) does or omits to do any act, and it would be an offence in terms of this Act for the principal to perform or omit to do such act himself or herself, that principal shall be deemed himself or herself to have done or omitted to have done the act, unless he or she satisfies the court that—

(a) he or she neither connived at nor permitted the act or omission by the manager, representative, agent, employee or member concerned;

(b) he or she took all reasonable steps to prevent the act or omission; and

(c) an act or omission, whether lawful or unlawful, of the nature charged, on no condition or under no circumstance came within the scope of the authority or employment of the manager, representative, agent, employee or member concerned.

(2) In the application of subsection (1)(b), the fact that such principal issued instructions whereby an act or omission of that nature is prohibited, does not in itself mean that he or she took all reasonable steps to prevent the act or omission.

(3) When a principal is by virtue of subsection (1) liable for an act or omission by a manager, representative, agent, employee or member of his or her family, that manager, representative, agent, employee or member shall also be liable thereof as if he or she is the principal concerned.

(4) Subsection (2) shall not release a manager, representative, agent, employee or member contemplated in that subsection from any other liability which he or she may have incurred apart from the liability which he or she shares with the principal concerned.

(5) In the application of this section in criminal proceedings, evidence that any article was at the time of the act or omission charged, in the possession or under the custody, supervision, control or care of any manager, representative, agent, employee or member of the family of the principal, shall be prima facie proof that the principal concerned is the owner of the article concerned.

Regulations

30. (1) The Minister may make regulations regarding—

(a) the manner in which application must be made for an import permit, other permit, authorisation, phytosanitary certificate or inspection;

(b) the points of entry or exit through which regulated articles must be imported in terms of section 13 or exported in terms of section 14;

(c) fees payable in terms of this Act;

(d) the manner in which a notice, authorisation, order or other document mentioned in this Act may be served;

(e) the manner in which and the period within which an appeal may be noted in terms of section 23, the officer by whom and the manner in which the refusal or conduct concerned must be investigated, the manner in which an appellant may submit information or evidence or make representations, whether personally or through a legal representative, and the preparation and submission of a report and recommendation to the Minister;

(f) the manner in which regulated articles must be presented for inspection;

(g) the listing of regulated pests;

(h) the declaration of pest-free areas and areas of low pest prevalence;

(i) the declaration of pest-free places of production;

(j) the declaration of pest-free production sites;

(k) the declaration of quarantine areas;

(l) the listing of regulated articles;

(m) the manner in which the executive officer must deal with regulated articles for export found to be infested;

(n) any matter required or permitted to be prescribed under this Act; and

(o) any incidental matter of a procedural or administrative nature that may be necessary to prescribe in order to achieve the objects of this Act.

(2) Different regulations may be made in terms of this section in respect of different areas in the Republic or in such other aspects as may be deemed necessary.

(3) A regulation prescribing fees may be made only after consultation with the Minister of Finance.

Compensation

31. (1) If a regulated article has been destroyed by virtue of an order contemplated in

section 7(1)—

(a) the Minister may, out of funds appropriated by Parliament for that purpose, pay such compensation as he or she may consider reasonable;

(b) an application for the payment of compensation under subsection (1)(a) may be considered only if—

(i) it is submitted in writing to the executive officer concerned within 90 days after the date on which the regulated articles in question have been destroyed; and

(ii) it is done in a prescribed manner.

(2) No compensation is payable to a person in respect of the rendering of assistance in terms of section 8(2)(b).

Assistance and cooperation

32. The executive officer—

(a) must exercise his or her powers and perform his or her functions in accordance with the principles of cooperative government and intergovernmental relations with other national, provincial and local spheres of government and all other organs of state within each sphere, as provided for in Chapter 3 of the Constitution of the Republic of South Africa, 1996, and the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005); and

(b) may, for the purposes contemplated in paragraph (a), request the assistance and cooperation from other national, provincial and local authorities, including traditional councils, the research institutes, associations, organisations and other relevant bodies.

Limitation of liability

33. No person, including the State, is liable in respect of anything done in good faith and without negligence in the exercise of a power or the performance of a duty conferred or imposed upon him or her under this Act.

Provisions binding State

34. (1) The provisions of this Act bind the State.

(2) No fees payable under this Act are payable by the State.

Application of international agreements

35. This Act gives effect to ratified international agreements affecting phytosanitary matters to which South Africa is a Party, and which bind the Republic.

Transitional provisions

36. (1) A permit issued in terms of the Agricultural Pests Act, 1983 (Act No. 36 of 1983), and which is in force at the date of commencement of this Act, is regarded to be

a permit issued under this Act.

(2)A notice issued under the Agricultural Pests Act, 1983, and still in force at the date of commencement of this Act, is regarded to be a notice issued under this Act.

(3)A written notice issued in terms of section 8(1) of the Agricultural Pests Act, 1983, or an Act repealed by that Act, which is in force at the date of commencement of this Act, is regarded to be an order issued under section 6 of this Act.

(4)A regulation made under the Agricultural Pests Act, 1983, and still in force on the date of commencement of this Act, is regarded to be a regulation made under this Act.

Repeal of laws

37. Subject to section 36(1) and (2), the Act mentioned in the Schedule is hereby repealed to the extent set out in the third column thereof.

Short title and commencement

38. (1) This Act is called the Plant Health (Phytosanitary) Act, 2024.

(2) This Act comes into operation on a date fixed by the President by proclamation in the Gazette.

LINK TO FULL NOTICE

Plant Health (Phytosanitary) Act 35 of 2024 (English / isiXhosa)

Act 35 of 2024

G 51806 GoN 5725

20 December 2024

51806-planthealthphytosanitaryact35of2024.pdf

ACTION

1. Obtain Necessary Permits and Certificates

• Import Permits: Apply for and obtain import permits for regulated articles before bringing them into South Africa.
• Phytosanitary Certificates: Ensure that all consignments of plants and plant products have the required phytosanitary certificates for import, export, and re-export.

2. Adhere to Control Measures

• Follow Prescribed Control Measures: Comply with control measures prescribed by the Minister for the control of regulated pests.
• Implement Emergency Measures: Be prepared to implement emergency phytosanitary measures in response to new or unexpected pest situations.

3. Conduct Inspections and Surveillance

• Regular Inspections: Present consignments for inspection at designated points of entry and exit.
• Surveillance Programs: Participate in surveillance programs to monitor and report the presence of regulated pests.

4. Maintain Phytosanitary Security

• Ensure Integrity of Consignments: Maintain the integrity and phytosanitary security of consignments from certification to export.
• Prevent Re-infestation: Take measures to prevent re-infestation of consignments after phytosanitary certification.

5. Notify Authorities

• Report Pest Presence: Immediately notify the executive officer or relevant authority if regulated pests are detected on the premises.
• Provide Information: Supply any additional information requested by the executive officer regarding pest presence and control measures.

6. Comply with Quarantine and Pest-Free Area Declarations

• Quarantine Areas: Adhere to restrictions and control measures in declared quarantine areas.
• Pest-Free Areas: Follow procedures to establish and maintain pest-free areas, places, and sites of production.

7. Training and Development

• Staff Training: Ensure that staff are trained in phytosanitary measures and procedures.
• Stay Informed: Keep up-to-date with changes in phytosanitary regulations and international standards.

8. Record-Keeping and Documentation

• Maintain Records: Keep detailed records of all phytosanitary activities, including inspections, treatments, and certifications.
• Documentation: Ensure all required documentation accompanies consignments, including phytosanitary certificates and import permits.

9. Cooperate with Authorities

• Assist Inspections: Provide assistance to authorized officers during inspections and audits.
• Compliance Audits: Be prepared for phytosanitary audits to ensure compliance with official measures and standards.

10. Appeals and Confidentiality

• Right to Appeal: Utilize the right to appeal against decisions or actions by the executive officer if necessary.
• Confidentiality: Maintain the confidentiality of information as required by the Act.

LAW AND TYPE OF NOTICE

Marketing of Agricultural Products Act: Establishment of statutory measure and determination of levies on dried vine fruit

G 51775 RG 11779 GoN 5707

20 December 2024

APPLIES TO: 

1.     Producers: Individuals or entities involved in the production of dried vine fruit.

2.     Packers: Those who handle and pack dried vine fruit for sale.

3.     Importers: Entities that import dried vine fruit into South Africa.

4.     Exporters: Entities that export dried vine fruit from South Africa.

5.     Processors: Those involved in sorting, cleaning, washing, cutting, mincing, mixing, or preparing dried vine fruit for sale.

6.     Marketers: Individuals or entities involved in the marketing of dried vine fruit.

7.     Handlers/Traders: Those who receive, store, dispatch, or process dried vine fruit.

SUMMED UP:

1.     Definitions:

·       Dried vine fruit includes raisins, seedless raisins, sultanas, and currants.

·       Raisins South Africa NPC (Raisins SA) is a non-profit company responsible for supporting the dried vine fruit industry.

2.     Purpose and Aims:

·       The statutory measure aims to provide financial support for market access, information dissemination, research and development, transformation and training, and administration.

·       It also includes a separate levy for controlling the Mediterranean fruit fly and the Oriental fruit fly in the Orange River Valley.

3.     Levy Details:

·       The traditional levy rates for dried vine fruits are set to increase annually from 2024 to 2028.

·       The fruit fly statutory levy is specifically for the Orange River Valley and will also increase annually.

4.     Payment and Use of Levy:

·       Levies are payable by producers, packers, importers, exporters, marketers, processors, or any other traders/handlers.

·       At least 70% of the levy funds will be used for core business functions, 10% for administrative purposes, and 20% for transformation.

5.     Offences and Penalties:

·       Non-compliance with the statutory measure will result in penalties as per section 24 of the Act.

6.     Validity:

·       The statutory measure will be in effect for four years from the date of publication.

FULL TEXT

DETAILS

DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT

NO. R. 5707 20 December 2024

MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT NO. 47 OF 1996)

ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF LEVIES ON DRIED VINE FRUIT

I, John Henry Steenhuisen, Minister of Agriculture, acting under sections 13 and 15 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended, hereby establish the statutory measure set out in the attached schedule.

MR J.H. STEENHUISEN, MP

MINISTER OF AGRICULTURE

SCHEDULE

Definitions

1. In this Schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning, and unless the context indicates otherwise:

“currants” means the dried vine fruit obtained from seedless currant-type vine fruit;

“dried vine fruit” means all dried vine fruit (i.e. raisins, seedless raisins, sultanas and currants) where either in the whole, cut up or minced form, subjected to any acknowledged drying process during which the largest part of the moisture had been abstracted therefrom, irrespective whether having been treated with water or steam or any preservative;

“exporter” means a person who exports dried vine fruit from the Republic of South Africa, and includes a person who arranges or handles the exports in the name of or on behalf of another person;

“handle(s)” or “handled” means receive, store, dispatch or process;

“importer” means a person who imports dried vine fruit into the Republic of South Africa, and this includes a person who arranges or handles the imports in the name of or on behalf of another person;

“packer” means a person who handles dried vine fruit and packs it for the purpose of sale;

“process” means to sort, clean, wash, cut, mince, mix or prepare to be packed for sale;

“processor” includes any person concerned in the processing of dried vine fruit;

“producer” includes any person concerned in the production of dried vine fruit;

“raisins” means the dried vine fruit other than currants and seedless raisins that is obtained from vine fruit;

“Raisins South Africa NPC (Raisins SA)” means the non-profit company incorporated in terms of the Companies Act, 2008 (Act No. 71 of 2008 as amended) and which operates under the name “Raisins South Africa NPC (Raisins SA)”. Raisins SA is a non-profit company with the aim to keep the local dried vine fruit industry abreast of the need for agricultural research, strategic information on volumes and quality to meet all sanitary and phytosanitary requirement for local and export marketing to serve the best interest of the industry as the need arises and keep the National Agricultural Marketing Council (NAMC) and the Minister of Agriculture, informed on strategic issues. Raisins SA is located at, 9 Groenpunt Avenue, Keidebees, Upington, Northern Cape, South Africa;

“seedless raisins” means the dried vine fruit obtained from seedless noncurrent type vine fruit, and is either Iyed or lyed and bleached or unlyed and unbleached;

“the Act” means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended; and

“vine fruit” means the fruits of the plants of Vitis vinifera.

 Purpose and aims of statutory measure and the relation thereof to objectives of the Act

2. The purpose and aim of this statutory measure and the required levy are to place Raisins SA in a position to provide financial support to the role-players in the industry in relation to the functions listed below which the dried vine fruit industry has identified as essential and in the interest of the industry as a whole:

A) The payment of the traditional functions levy

To fund 1) market access and development; 2) information and communication; 3) research and development programmes and technology transfer; 4) transformation and training and 5) administration for dried vine fruit.

This statutory measure is necessary to ensure that continuous, accurate and timeous macro-economic and industry specific information relating to the dried vine fruit industry, is available to all role-players in the industry in order for such role-players to make informed decisions in the spheres as indicated. This will advance transparent market information to all relevant parties.

The advancement of dried vine fruit production can deliver a material on food security and job creation in the Republic of South Africa.

Research is important to ensure a competitive dried vine fruit industry is advanced, especially in context to a global competitive industry. Research is important for both the commercial and emerging sector. The maintenance of effective cultivar development programmes and the study of cultivar characteristics, such as yield potential, adaptability, weather resistance against pest and diseases, enable dried vine fruit growers to make informed cultivar decisions for specific conditions.

As per the guidelines, funds will also be used to support previously disadvantaged individuals (PDI’s) and empower the emerging sector accordingly.

The levies will advance market access for all, but furthermore contribute to furthering the viability of the industry at large. The establishment of this statutory measure is aligned to the objective set out in the Act, as stipulated in section 2 of the Act.

This statutory measure will not be detrimental to the number of employment opportunities or fair labour practices and will support the statutory measures relating to registration and the rendering of returns applicable to dried vine fruit products.

This statutory measure shall be administered by Raisins SA.

B) The payment of the fruit fly statutory levy.

It will finance the Mediterranean fruit fly (Ceratitis capitata) (Medfly) control programme and the Oriental Fruit Fly (Bactrocera dorcalis) (BD), control programme, in the Orange River Valley.

This is a separate and differentiated levy, meaning that it does not form part of the traditional statutory levies in the dried fruit industry (to finance research, information, transformation etc). The fruit fly statutory levy will fully (100%) be utilised for monitoring, mapping and aerial baiting in the Orange River Valley.

Product to which statutory measure applies

4. This traditional statutory measure shall apply to all dried vine fruit (as defined in section 1 above), which is produced in, processed in, handled in, marketed, exported from and/or imported into the Republic of South Africa.

The fruit fly statutory measure shall apply only dried vine fruit in the Orange River Valley (from Boegoebergdam to Blouputs) which is produced in, processed in, handled in, marketed, exported from and/or imported into the Republic of South Africa.

Area in which statutory measure applies

5. This statutory measure shall apply within the geographical area of the Republic of South Africa.

Imposition of levy

6. a) the traditional levy is hereby imposed on dried vine fruit (gross mass delivered/received) bought or received locally by a packer, marketer, trader, handler, processor and exporter or produced locally by a producer and/or processed locally by a processor and any importer of dried vine fruit. A packer, processor, marketer, trader, handler and exporter who has paid a levy may recover the amount of the levy from the primary grower / importing entity from which he / she / it has bought / received the dried vine fruit on which the levy is payable, or who has produced the dried vine fruit.

b) The payment of the fruit fly statutory levy shall be imposed on dried vine fruits specifically within the Orange River Valley.

Amount of levy

7.1 The traditional statutory levy (excluding VAT) shall be imposed on all dried vine fruit gross mass delivered / received at the following rates:

7.2 The payment of the fruit fly statutory levy in the Orange River valley (excluding VAT):

Persons by whom and to whom levy is payable

8. The levy imposed in terms of section 6 above shall

(a) be payable by producers, packers, importers, exporters, marketers, processor or any other traders/handlers on behalf of producers (the primary grower / importing entity) of dried vine fruit; and

(b) be payable to Raisins South Africa NPC (Raisins SA) in accordance with section 9 below.

Determination and payment of levy

9. (1) The levy amount payable by the persons to whom the levy is imposed against shall be determined by Raisins SA in accordance with the weekly records and returns submitted by the persons to whom the levy is imposed against as stipulated in accordance with the provisions of the other statutory measures referred to in section 2 above.

(2) Payment of the levy shall be made no later than 60 (sixty) days from the date on which the invoice is received. Any amount not paid within the stipulated period will be charged interest on at a rate of 1.5% (one point fiver percent) per month.

(3) Payment shall be made by means of an electronic fund transfer in favour of and into the bank account of Raisins SA. The bank details are obtainable from Raisins SA on request.

Use of levy

10. The Act provides that –

(a) at least 70% (seventy percent) of the levy funds shall be used for the core business functions e.g. research, market access and development, information and communication activities;

(b) not more than 10% (ten percent) shall be used for administrative purposes; and

(c) at least 20% (twenty percent) shall be allocated towards transformation.

The second levy is exempted from a transformation levy as it is directed toward regional wide aerial baiting.

 Offences and Penalties

11. In the event of any person contravening and / or failing to company with any provision of this statutory measure, section 24 of the Act shall apply.

Commencement and period of validity

12. This statutory measure shall come into operation on the date of publication hereof and shall lapse four (4) years later.

LINK TO FULL NOTICE

Marketing of Agricultural Products Act: Establishment of statutory measure and determination of levies on dried vine fruit

G 51775 RG 11779 GoN 5707

20 December 2024

51775reg11779gon5707.pdf

ACTION

1.     Registration:

·       Register with Raisins South Africa NPC (Raisins SA) as a producer, packer, importer, exporter, marketer, processor, or handler of dried vine fruit.

2.     Levy Payment:

·       Calculate and pay the traditional statutory levy on dried vine fruit based on the gross mass delivered or received. The rates are specified for each year from 2024 to 2028.

·       If operating in the Orange River Valley, calculate and pay the fruit fly statutory levy specifically for that region.

3.     Record Keeping and Returns:

·       Maintain accurate and up-to-date records of all transactions involving dried vine fruit.

·       Submit weekly records and returns to Raisins SA as required by the statutory measure.

4.     Financial Management:

·       Ensure timely payment of levies within 60 days of receiving the invoice. Late payments will incur interest at a rate of 1.5% per month.

·       Use electronic fund transfers to make payments to Raisins SA.

5.     Compliance with Quality Standards:

·       Adhere to the regulations on grading, packing, and marking of dried vine fruit to meet the minimum quality standards set by the Department of Agriculture

6.     Support for Transformation:

·       Allocate at least 20% of the levy funds towards transformation initiatives, including supporting previously disadvantaged individuals and empowering the emerging sector.

7.     Participation in Research and Development:

·       Engage in research and development programs funded by the levies to ensure the competitiveness and advancement of the dried vine fruit industry.

8.     Market Access and Development:

·       Utilize the funds for market access and development to enhance the visibility and competitiveness of South African dried vine fruit in both local and international markets.

LAW AND TYPE OF NOTICE

Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act:

Application for Derogation for Restricted Use of Agricultural Remedies Identified as substance of concern: Comments invited (English / Afrikaans)

G 51789 GeN 2908

– Comment by 18 Jan 2025

APPLIES TO: 

1.     Agriculture:

·       Farmers and Crop Producers: Especially those involved in maize cultivation, as the remedies are intended for seed treatment to control seed decay, seedling damping off, and head smut on maize.

·       Agricultural Cooperatives: Organizations that support farmers with resources and information on best practices for crop protection.

2.     Agrochemical Industry:

·       Manufacturers of Agricultural Remedies: Companies producing fungicides and other crop protection products may be interested in the regulatory changes and the potential market impact.

·       Distributors and Retailers: Businesses involved in the supply chain of agricultural chemicals will need to stay informed about the availability and regulatory status of these products.

3.     Environmental and Health Organizations:

·       Environmental Protection Agencies: Organizations focused on environmental safety will be interested in the risk assessment and the potential impact of ipconazole on the environment.

·       Public Health Agencies: Agencies concerned with human and animal health will monitor the use of substances classified as reproductive toxicity 1B.

4.     Regulatory Bodies:

·       Government Departments: Departments of Agriculture, Land Reform, and Rural Development will be directly involved in the review and approval process.

·       Policy Makers: Individuals and groups responsible for creating and updating regulations related to agricultural remedies.

5.     Research and Academia:

·       Agricultural Researchers: Scientists studying crop protection and the effects of various chemicals on plant health and yield.

·       Universities and Research Institutions: Institutions conducting studies on the environmental and health impacts of agricultural chemicals.

SUMMED UP:

1.     Application Details:

·       Corteva Crop Solutions SA intends to apply for derogation for the agricultural remedies Rancona 450 FS (L10899) and Lumiflex™ (L11112).

·       These remedies contain the active ingredient ipconazole (452 g/ℓ), classified as reproductive toxicity 1B under the Globally Harmonized System of Classification and Labelling of Chemicals.

2.     Purpose:

·       The remedies are intended for use as fungicide seed treatments to control seed decay, seedling damping off, and head smut on maize.

3.     Risk Assessment:

·       A risk assessment concluded that the use of ipconazole as a seed treatment poses an insignificant risk to humans, animals, and the environment.

·       The assessment recommends the continuous use of ipconazole as a plant protectant against a broad spectrum of fungi for crop establishment.

4.     Public Participation:

·       The public is invited to review the risk assessment report and submit comments or objections within 30 days from the publication of the notice.

·       The risk assessment report is available online and as a hard copy from the Department of Agriculture, Land Reform and Rural Development in Pretoria.

5.     Submission of Comments:

·       Comments or objections should be submitted in writing to Mr. Maluta Mudzunga, the Registrar of Fertilizer, Farm Feeds, Agricultural Remedies, and Stock Remedies.

·       Contact details and submission addresses are provided in the notice.

FULL TEXT

DETAILS

NOTICE 2908 OF 2024

Public Notice

Application for derogation for restricted use of agricultural remedies identified as substance of concern.

Corteva Crop Solutions SA (Pty) Ltd, 2nd Floor, Lakefield Office Park, 272 West Avenue, Die Hoewes, Centurion, 0157 hereby informs the public about its intention to submit an application for derogation for the registered agricultural remedy Rancona 450 FS L10899 OR Lumiflex™ L11112 containing active ingredient ipconazole 452 g/ℓ, identified as a substance of concern due to its classification as reproductive toxicity 1B according to the Globally Harmonized System of Classification and Labelling of Chemicals, for the use in South Africa: as fungicide seed treatment for the control of seed decay, seedling damping off and head smut on maize.

The risk assessment of ipconazole concluded that there’s insignificant risk to humans, animals and environmental exposure of the substance when used as seed treatment. It also recommends continuous usage as a plant protectant for seeds against broad spectrum fungi for crop establishment.

This notice is issued in terms of the “GUIDELINE FOR THE APPLICATION FOR A DEROGATION FOR AN AGRICULTURAL REMEDY IDENTIFIED AS A SUBSTANCE OF CONCERN”, as published in April 2024 within the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act (Act No. 36 of 1947).

As per the requirements of the “Regulations Relating to Agricultural Remedies” of August 2023, a risk assessment was conducted for the proposed end uses of the aforesaid agricultural remedy and the public is hereby invited to review the risk assessment report and submit comments in relation to the proposed application. This report can be accessed online via the following link: https://www.corteva.co.za/content/dam/dpagco/corteva/za/za/en/files/riskassessment/Risk%20assessment%20Corteva%20Ipconazole%20derogation%20final%20version%20as%20sent%20to%20Corteva%20October%202024.pdf

or as a hard copy available from the Department of Agriculture, Land Reform and Rural Development (20 Steve Biko Street, Agriculture Building, Arcadia, Pretoria, 0002) during office hours (08:00 am to 16:00 pm on Mondays to Fridays, excluding public holidays).

All interested parties should submit comments or objections, in connection with the proposed application, in writing to:

Mr. Maluta Mudzunga

The Registrar: Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies, 1947 (Act no.36 of 1947)

Department of Agriculture, Land Reform and Rural Development

Private Bag X343, Pretoria, 0001

30 Hamilton Street, Harvest House Building, Office 417, Arcadia, Pretoria, 0002

Tel No: 012 319 6530

E-mail: MalutaM@dalrrd.gov.za

All comments or objections must be received within 30 days from publication of this notice.

Date of publication of this notice: ___________

LINK TO FULL NOTICE

Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act: Application for Derogation for Restricted Use of Agricultural Remedies Identified as substance of concern: Comments invited (English / Afrikaans)

G 51789 GeN 2908

– Comment by 18 Jan 2025

19 December 2024

51789gen2908.pdf

ACTION

Ensure that you submit your comments before the deadline.

LAW AND TYPE OF NOTICE

Agricultural Product Standards Act:

Classification and marking of meat intended for sale in South Africa

G 51711 GeN 2876

06 December 2024

APPLIES TO: 

1.     Abattoirs: Both high throughput and low throughput abattoirs.

2.     Farms: Farms participating in quality indication audits, including those supplying Woolworths and other quality indication marks.

3.     Feedlots: Facilities where livestock are fed and fattened before slaughter.

4.     Deboning Plants: Facilities where meat is processed and deboned.

5.     Trade Outlets: Retail outlets selling meat products.

6.     Franchises: Franchise operations involved in the sale of meat products.

7.     Wholesalers: Wholesale businesses dealing in meat products.

ABOUT:

The Notice sets out the new Abattoir service and inspection fees for red meat in SA.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Agricultural Product Standards Act: Classification and marking of meat intended for sale in South Africa

G 51711 GeN 2876

06 December 2024

51711gen2876.pdf

LAW AND TYPE OF NOTICE

Fertilizer, Farm Feeds, Agricultural Remedies and stock Remedies Act:

Application for derogation for the restricted use of agricultural remedies identified as substances of concern containing glufosinate ammonium: Comments invited (English / Afrikaans)

G 51711 GoN 5623

– Comment by 05 Jan 2025

06 December 2024

APPLIES TO: 

1.     Agriculture: Farmers and agricultural businesses that grow crops such as vineyards, orchards, plantations, and sugarcane would be directly impacted by the use of Bound 200 SL for weed control and defoliation of potato plants.

2.     Horticulture: Businesses involved in the cultivation of fruits, vegetables, and ornamental plants would need to be aware of the regulations and potential use of this herbicide.

3.     Forestry: Plantations and other forestry operations that require weed control would also be affected.

4.     Industrial Land Management: Companies managing unplanted or industrial land where weed control is necessary would need to consider the implications of using this herbicide.

5.     Chemical Manufacturing: Manufacturers and distributors of agricultural chemicals, particularly those producing or selling Glufosinate ammonium-based products, would be directly involved.

6.     Environmental Management: Organizations focused on environmental protection and sustainable land use would be interested in the toxicological risk assessments and regulatory compliance aspects.

7.     Regulatory Bodies: Government agencies and regulatory bodies overseeing agricultural practices and chemical use would be responsible for enforcing the regulations and reviewing public comments.

SUMMED UP:

• Purpose: The application seeks approval for the restricted use of Bound 200 SL as a herbicide for controlling weeds in various crops and situations, including vineyards, orchards, plantations, sugarcane, unplanted or industrial land, and for defoliating potato plants.
• Regulatory Compliance: A toxicological risk assessment has been conducted as required by the “Regulations relating to agricultural remedies” of August 2023.
• Public Participation: The public is invited to review the risk assessment report and submit comments or objections within 30 days of the notice’s publication.
• Contact Information: Comments or objections should be directed to Mr. Maluta Mudzunga, the Registrar for the Fertilizer, Farm Feeds, Agricultural Remedies, and Stock Remedies Act.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Fertilizer, Farm Feeds, Agricultural Remedies and stock Remedies Act: Application for derogation for the restricted use of agricultural remedies identified as substances of concern containing glufosinate ammonium: Comments invited (English / Afrikaans)

G 51711 GoN 5623

– Comment by 05 Jan 2025

06 December 2024

51711gon5623.pdf

ACTION

Ensure that you submit your comments before the deadline.

LAW AND TYPE OF NOTICE

Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act:

Application for derogation for restricted use of agricultural remedy identified as substances of concern: Silent (L9545): Comments invited

G 51711 GeN 2871

– Comment by 05 Jan 2025

06 December 2024

APPLIES TO: 

1.     Agriculture: The primary industry affected, as the herbicide is used for weed control in various crops such as vineyards, orchards, plantations, and sugarcane. It is also used for defoliation of potato plants.

2.     Horticulture: This includes the cultivation of fruits, vegetables, and ornamental plants, where weed control is crucial for maintaining crop health and yield.

3.     Forestry: Plantations and other forestry operations may use the herbicide for managing undergrowth and invasive species.

4.     Industrial Land Management: The herbicide is used in unplanted or industrial land to control weeds and maintain clear areas.

5.     Chemical Manufacturing: Companies involved in the production and formulation of herbicides, such as Wentek Chemicals, are directly impacted by regulations and restrictions on substances like Glufosinate ammonium.

SUMMED UP:

• Applicant: Wentek Chemicals (Pty) Ltd.
• Product: Silent (L9545), containing 200 g/L of the active ingredient Glufosinate ammonium.
• Concern: Glufosinate ammonium is classified as a reproductive toxin Category 1B.
• Uses: The herbicide is used for weed control in various crops and situations, including vineyards, orchards, plantations, sugarcane, unplanted or industrial land, and for defoliation of potato plants.

• Risk Assessment: Conducted by Infotox (Pty) Ltd., recommending specific safety instructions if derogation is granted:

• • Not for sale to or use by residential gardeners.

• • Preparation of the treatment solution as per product label instructions.

• • Follow personal protection instructions on the Safety Data Sheet (SDS).

• • Wear baseline personal protective equipment (PPE) when applying the product.

• • Observe a 1-day post-application restricted-entry interval (REI).

• Public Comments: Invited until January 5, 2025. Comments can be submitted to Mr. Petrus Roets at Wentek Chemicals or Mr. David Motloi at the Department of Agriculture, Land Reform and Rural Development.

FULL TEXT

DETAILS

NOTICE 2871 OF 2024

Application for derogation for the restricted use of an agricultural remedy identified as substances

of concern

This notice is to inform the public of administrative action being taken in relation to the approval of agricultural remedies under the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947). Wentek Chemicals (Pty) Ltd. hereby inform the public of their intention to submit an application for derogation for their registered agricultural remedy, Silent (L9545), containing 200 g/L of the active ingredient Glufosinate ammonium.

The Active ingredient, Glufosinate ammonium has been identified as a substance of concern due to its classification as a reproductive toxin Category 1B according to the Globally Harmonized System of Classification and Labelling of Chemicals, for the following uses in South Africa: A herbicide used for the control of weeds in crops or situations such as vineyards, orchards, plantations, sugarcane, unplanted or industrial land and/or for the defoliation of potato plants.

As per the requirements of the “Regulations relating to agricultural remedies” of August 2023, a toxicological risk assessment was conducted for the proposed end uses of Silent (L9545), available at https://wenkemsa.co.za/wentek-chemicals/. The risk assessment, conducted by Infotox (Pty) Ltd., recommended that the following instructions be added to the product label, if derogation is granted and to ensure maximum safety during use of the product:

• Herbicide not for sale to or use by residential gardeners.

• Preparation of the treatment solution in accordance with the instructions on the product label.

• Personal protection instructions on the SDS must be followed, that is, washing hands, forearms and face thoroughly after handling chemical products.

• At least baseline PPE must be worn when applying the product, that is, clothing covering the arms and legs, closed shoes and chemical-resistant gloves.

• The recommended 1-day post-application restricted-entry interval (“REI”) must lapse before crop re-entry.

Members of the public are invited to submit comments regarding the proposed administrative action before 5 January 2025 (30 from the date of publication for this notice). Comments submitted after 5 January 2025 may be discarded.

Comments can be addressed to:

Mr. Petrus Roets

Business Support Officer: Wentek Chemicals (Pty) Ltd.

PO Box 4949 Rietvalleirand, 0174, Gauteng

Block D, 9 Regency Drive, Route 21 Corporate Park, Irene, Pretoria, 0157

Email: petrus.roets@wenkem.co.za

Tel no: 012 345 3201

Further information concerning the proposed administrative action can be obtained at https://wenkemsa.co.za/wentek-chemicals/ or by contacting Mr. Petrus Roets during office hours (Mon – Fri:

08:00 – 16:30).

Members of the public can also contact the relevant government department:

Mr. David Motloi

Head of Administration: Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947

(Act No. 36 of 1947)

Department of Agriculture, Land Reform and Rural Development, Private Bag X343, Pretoria, 0001

Agriculture Building, 20 Steve Biko Street, Arcadia, Pretoria, 0002

Tel no: 012 319 6889

Email: DavidM@Dalrrd.gov.za

LINK TO FULL NOTICE

Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act: Application for derogation for restricted use of agricultural remedy identified as substances of concern: Silent (L9545): Comments invited

G 51711 GeN 2871

– Comment by 05 Jan 2025

06 December 2024

51711gen2871.pdf

LAW AND TYPE OF NOTICE

Agricultural Product Standards Act:

Regulations: Grading, packing and making of edible vegetable oils for sale in South Africa: Comments invited

G 51878 RG 11783 GoN 5751

– Comment by 09 Feb 2025

10 January 2025

APPLIES TO: 

• Producers of edible vegetable oils
• Packagers and distributors of these oils
• Retailers who sell edible vegetable oils
• Quality assurance and food safety organizations involved in the edible oils sector

SUMMED UP:

The Minister of Agriculture, John Steenhuisen, has announced the intention to publish new regulations concerning the grading, packing, and marking of edible vegetable oils for sale in South Africa. The public is invited to submit comments and representations regarding these proposed regulations within 30 days from the date of publication.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Agricultural Product Standards Act: Regulations: Grading, packing and making of edible vegetable iils for sale in South Africa: Comments invited

G 51878 RG 11783 GoN 5751

– Comment by 09 Feb 2025

10 January 2025

51878rg11783gon5751.pdf

ACTION

Ensure that you submit your comments before 09 February 2025

LAW AND TYPE OF NOTICE

Agricultural Product Standards Act:

Inspection fees for 2025 for inspections and sampling on poultry meat, processed meat products and certain raw processed meat products: Comments invited

G 51877 GeN 2926

– Comment by 31 Jan 2025

10 January 2025

APPLIES TO: 

• Distribution Centres
• Retailers
• Butcheries
• Food Stores
• Cold Storage Facilities
• Repackers
• Importers
• Abattoirs

Inspection Fees

• Normal Time (08:00 – 16:00): R510.00 per hour
• Normal Overtime (Mon – Sat): R567.00 per hour
• Sunday & Public Holidays: R680.00 per hour
• Kilometre Rate: R6.50 per kilometre

Specific Fees

• Poultry Meat Inspection at Abattoirs: R0.0111 per carcass per month

Testing Fees for Processed Meat and Certain Raw Processed Meat Products

• Protein Content (Meat Content): R503.00 per sample/test
• Fat Content: R826.00 per sample/test
• Soya Content: R1,665.00 per sample/test
• Starch Content: R1,472.00 per sample/test
• Calcium Determination (MRM only): R379.00 per sample/test
• Meat Specie Identification (DNA): R2,605.00 per sample/test
• Physical Test (coated products): R200.00 per sample/test

Additional Information

• All fees exclude Value Added Tax (VAT).
• Special claims protocol auditing and other related services are available on a quotation basis.
• Comments on the proposed fees are to be submitted in writing to nicole.bergh@afsq.co.za by January 31, 2025.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Agricultural Product Standards Act: Inspection fees for 2025 for inspections and sampling on poultry meat, processed meat products and certain raw processed meat products: Comments invited

G 51877 GeN 2926

– Comment by 31 Jan 2025

10 January 2025

51877gen2926.pdf

ACTION

1.     Review the Proposed Fees:

·       Understand the new inspection and sampling fees for 2025, including hourly rates, kilometre rates, and specific fees for different types of inspections and tests.

2.     Budget Adjustments:

·       Adjust their budgets to accommodate the new fees for inspections and sampling. This includes planning for potential increases in operational costs due to the revised rates.

3.     Compliance with Inspection Requirements:

·       Ensure that all relevant facilities (distribution centres, retailers, butcheries, food stores, cold storage facilities, repackers, importers, and abattoirs) are prepared for inspections and sampling as per the new fee structure.

4.     Submit Comments:

·       If they have any feedback or concerns about the proposed fees, they should submit their comments in writing to nicole.bergh@afsq.co.za by January 31, 2025.

5.     Update Internal Protocols:

·       Update internal protocols and procedures to align with the new inspection and sampling fee structure. This may involve training staff on the new requirements and ensuring all documentation is up to date.

6.     Monitor for Further Changes:

·       Stay informed about any further amendments to the fees or inspection requirements, as the Food Safety Agency (Pty) Ltd reserves the right to amend the rates if they are found to be insufficient to cover the costs of inspections.