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

Regulations

Regulations regarding Control of the Export of Fresh Vegetables

1. Definitions

 

In these regulations any word or expression to which a meaning has been assigned in the Act, shall have that meaning, and

 

"address"

means a physical address in the Republic of South Africa and includes the street or road number or name, and the name of the town, village or suburb and in case of a farm, the name or number of the farm and of the magisterial district in   which it is situated;

 

"assignee"

means a person, undertaking body, institution, association or board designated as under section 2(3) of Agricultural Product Standard Act No.119 of 1990;

 

"consignment"

means a quantity of vegetables of the same kind, belonging to the same owner which is delivered at any one time under cover of the same consignment note, delivery note or receipt note, or is delivered by the same vehicle or if such quantity is divided into different classes, grades, cultivars, counts or size groups each quantity of each of the different classes, grades, cultivars, counts or size groups;

 

"consignment note"

means a consignment note approved by the Executive Officer or the Assignee;

 

"container"

means the immediate  container in which fresh vegetables are packed directly and the outer container but excluding shipping containers in which pallet loads are shipped;

 

"certificate"

means a certificate that may be issued either in paper format (including electronically prepared) or in a verified electronic format which describe and attest to conformity of a consignment of regulated agricultural products to stipulated requirements as set out in regulation 6;

 

"Executive Officer"

means the officer designated under section 2(1) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);

 

"Department"

means the Department of Agriculture, Land Reform and Rural Development;

 

"Food Business Operator (FBO)"

means the person or persons responsible for ensuring that the prescribed requirements of these regulations are met within the food business under his or her control and include both the management of the food business as well as the person with overall authority on site or in the specific establishment;

 

"fresh vegetables"

means herbs, endives, artichokes, asparagus , aubergines (also known as eggplant or brinjals), baby marrows (courgettes) , beetroot, broccoli, Brussels sprouts, butternut, cabbage, capsicums(also known as sweet peppers), carrots, cauliflower (also known as witloof chicory), chilies, Chinese cabbage, courgettes, celery, chives, cucumbers, garlic, gem squashes, ginger, green beans, green peas, green onions (also known as chives), leeks, lettuce, okra, dry onions, parsley, parsnips, peppers, pumpkin, potatoes, radishes, rhubarb, shallots, spinach, sweet corn, sweet potatoes, tomatoes, turnips and unspecified vegetables;

 

"herbs"

means parsley, lemon basil, balm, rosemary, paprika, cinnamon, celery, oregano and other unspecified herbs;

 

"ISO"

means the International Standard Organization;

 

"inspector"

means the Executive Officer or an officer under his control, or an Assignee or an employee of an Assignee;

 

"miniature vegetables"

means a variety of carrots, courgettes, aubergines, cauliflower, cabbage, sweet corn or other type of vegetables obtained through plant breeding or special cultivation techniques;

 

"National Reference Laboratory"

means an official laboratory of the Department of Agriculture, Land Reform and Rural Development and the Perishable Products Export Control Board (PPECB) that has been nominated in writing by the Executive Officer for the testing of compliance as envisaged in terms of regulations 6( 1) and 7(1);

 

"non-miniature varieties"

means produce of varieties which have not fully developed or are inadequate in size and have "mini vegetables" or "baby vegetables" a corresponding meaning;

 

"Officially Recognized Laboratories"

means any laboratory that is not a National Reference Laboratory and that is nominated by the Executive Officer in writing as being suitable or required for the testing of compliance as envisaged in terms of regulations 6(1) and 7(1); and

 

"the Act"

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