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Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

Notices

Prohibition regarding the Removal of Imported Regulated Agricultural Products intended for sale in the Republic of South Africa from the Prescribed Ports of Entry

7. Appeal

 

(1) Any person who appeals in terms of section 10(1) of the Act against a decision or direction of an inspector, shall submit a written notice of appeal to an inspector within one day after he /she has been notified of the said decision or direction unless that day falls on a Saturday, Sunday or public holiday in which case the appeal shall be submitted on the first following working day.

 

(2) Such person shall pay the prescribed fee with the inspector or at any office of the Executive Officer, as the case may be: Provided that such fee shall be paid in respect of each separate consignment, and provided further that if the notice of appeal and the fee are not submitted and paid within the period specified in subitem (1), the appellant shall lose his/her right of appeal.

 

(3) An inspector may apply any mark or marks which he/she may deem necessary for identification purposes to the processed products in respect of which an appeal has been submitted, or to the containers thereof, and such processed products shall not without his consent, be removed from the place where they were inspected or where they are stored.

 

(4) The Director -General shall designate at least three persons to serve as an appeal board.

 

(5) Such an appeal board shall give the appellant or his representative a reasonable notice of the time and place determined for the hearing of the appeal and may, after the processed products concerned have been produced and identified and all interested parties have been heard, instruct all persons to leave the place where the appeal is being considered: Provided that the appeal board may make use of persons to assist in an advisory capacity.

 

(6) An appeal board shall decide an appeal within 48 hours (excluding Sundays and public holidays) after it was submitted, and its decision shall be final.

 

(7) If the processed products concerned are not produced at the time and place determined by the appeal board, the amount paid in respect thereof shall be forfeited.