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

Regulations

Regulations regarding Control of the Export of Animal Products

1. Definitions

 

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

 

"animal products"

means dairy products, eggs and poultry meat;

 

"assignee"

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

 

"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;

 

"composite dairy product"

means a product consisting of a combination of a primary dairy product and another foodstuff, the solids of which are not intended to replace any part of the milk solids of that primary dairy product;

 

"consignment"

means, where used with regard to—

(a) dairy products, a quantity of dairy products of the same kind 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 a quantity is subdivided into different production lots, classes or packing sizes, each quantity of each of the different production lots, classes or packing sizes;
(b) eggs, a quantity of eggs belonging to the same supplier,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 a quantity is sub-sorted into different production groups, grades or size groups, each quantity of each of the different production groups, grades or size groups; or
(c) poultry meat, a quantity of poultry meat of the same type,which belongs to the same owner, 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 a quantity is divided into different classes, grades, portions, cuts or production lots, every quantity of each of the different classes, grades, portions, cuts or production lots;

 

"consignment note"

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

 

"dairy product"

means a primary dairy product, a composite dairy product or a modified dairy product;

 

"Department"

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

 

"eggs"

means the eggs of the specie Gallus domesticus (domesticated fowls), Meleagrus gallapavo (turkeys) and Anas (ducks and muscovies);

 

"Executive Officer"

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

 

"inspector"

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

 

"ISO"

means International Organization for Standardization ;

 

"milk"

means the normal secretion of the mammary glands of bovines, goats or sheep or other milking animals;

 

"modified dairy product"

means a product that, in so far as it relates to general appearance , presentation and intended use, corresponds to a primary dairy product, and of which not more than 50 per cent of the fat content, protein content and/or carbohydrate content has respectively been obtained from a source other than a primary dairy product;

 

"National Reference Laboratory"

means an official laboratory of the Department and the Perishable Products Export Control Board 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);

 

"Officially Recognized Laboratory"

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);

 

"poultry meat"

means the slaughtered and sometimes deboned carcasses of the species Gallus domesticus (fowls), Meleagrus gallopavo (turkeys) and Anas (ducks and muscovies) as well as any portions or parts of such carcasses which are usually sold for human consumption, whether as such or in cut form and which is still recognizable as a carcass, portion, piece or strip and includes raw processed poultry meat;

 

"primary dairy product"

means milk or a product that has been derived or manufactured solely from milk, and to which no substance other than permitted food additives not intended to replace any part of the milk solids in that product are added, and includes a product that consists of a combination of two or more of such products;

 

"raw processed poultry meat"

means poultry meat which has been treated with a formulated solution, has not undergone any heat treatment and is still recognizable as a poultry carcass, portion, piece or strip; and

 

"the Act"

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