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

Regulations

Protection of Geographical Indications and Designations of Origin used on Agricultural Products intended for sale in the Republic of South Africa

15. Application to amend the product specifications

 

(1) Any producer or group of producers submitting an application to amend the product specifications, excluding the information referred to in sub-regulation (4), related to the registered GI or designation of origin concerned shall follow the same procedure as described in these regulations for application to register a GI or designation of origin.

 

(2) Any application to amend the product specifications of a registered foreign GI or foreign designation of origin that forms part of an international agreement shall be done in accordance with the procedure provided for in such international agreement, or as otherwise mutually agreed between the Republic of South Africa and the country concerned.

 

(3) The existing quality or compositional requirements prescribed in the regulations published under the Act for the agricultural product concerned shall be taken into consideration at all times.

 

(4) Applications from a producer or group of producers to amend the following information related to the registered GI or designation of origin concerned shall not be subject to the procedure referred to in sub-regulation (1):
(a) If applicable, the nomination of a new certification body in the case of registered foreign Gls and foreign designations of origin.
(b) Any labelling and packaging changes: Provided that the existing labelling requirements and restrictions, as well as the packaging requirements prescribed in the regulations published under the Act for the agricultural product concerned shall still be complied with.

 

(5) Once written confirmation has been received from the Executive Officer that the proposed amendment to the product specifications has been accepted and that the Register was amended, the producer or group of producers shall within reasonable time amend their product specifications accordingly and ensure that the amendment is implemented.

 

(6) The Executive Officer shall, in the case of a registered South African GI and South African designation of origin, inform the assignee designated for the agricultural product concerned of any changes in the status of the product specifications or any labelling and packaging changes.