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

Regulations

Regulations regarding Appeal Procedures

2. Lodging of an appeal

 

(1) Any person may lodge an appeal against a decision or direction of the Executive Officer or an assignee in terms of section 10 of the Act, to the Director-General.

 

(2) An appeal referred to in sub-regulation (1) shall—
(a) be submitted in the format set out in Annexure A, specifying,—
(i) details about the appellant (i.e. name, address, contact details);
(ii) details about the product and consignment concerned (where applicable);
(iii) the decision or direction which is being appealed against;
(iv) the grounds on which the appeal is based; and
(v) any other pertinent information which may assist the appeal board in their decision;
(b) be lodged to the office of the Director -General and/or the Executive Officer;
(c) after obtaining the relevant banking details from the Executive Officer, be accompanied by proof that the prescribed appeal fee has been paid; and
(d) be lodged to reach the office of the Director -General and/or the Executive Officer within the period specified in sub-regulation (3).

 

(3) The appeal procedure shall be subject to the following prescribed periods, unless otherwise agreed upon:

 

Prescribed periods weekends and public holidays excluded):

Any decision or direction related to products presented for export

24 hours

An other decision or direction

10 days

 

(4) An appellant shall forfeit his/her right to lodge an appeal if the written notice of appeal has not been submitted within the period specified in sub -regulation (3) above, and proof that the prescribed fee has been paid did not accompany the appeal application.

 

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