Acts Online
GT Shield

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

Regulations

Regulations relating to the Grading, Packing and Marking of Pulses intended for sale in the Republic of South Africa

1. Definitions

 

In these regulations, unless the context indicates otherwise, 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 the case of a farm, the name or number of the farm and of the magisterial district in which it is situated;

 

"animal filth"

means any part of an animal which may contaminate the product such as dead rodents, dead birds, dung, droppings, pellets hair and/or feathers of any animal;

 

"Ascochyta"

means the fungal disease that attacks lentils, peas and chickpeas plant and seeds, and which causes dark-coloured lesions on the seed coat which result the product being considered a damaged pulses;

 

"black gram"

threshed seeds of the black gram plant of (Vigna mungo (L.) Hepper);

 

"bleached peas"

means green peas which one-eight or more of the surface of the cotyledon is bleached to a distinct yellow colour which is in marked contrast to its natural colour;

 

"broken pulses"

in whole pulse means pulses in which the cotyledons are separated or one cotyledon has been broken. In split pulses means pulses in which the cotyledon has been broken;

 

"bulk quantity"

means a quantity of more than 10 kg of pulses , whether sold in containers or in loose quantities;

 

"chick peas"

means dried, peeled and split seeds of Cicer arientinum;

 

"chips"

means pieces or fragments relevant to the class of split pea;

 

"consignment"

means –

(a) a quantity of pulses of the same class, which belongs to the same producer, importer, packer or owner and which is delivered at a particular time under cover of the same consignment note, delivery note or receipt, or is delivered by the same vehicle or bulk container; or
(b) in the case where such quantity referred to in paragraph (a), is subdivided into different types of packaging, or classes, each quantity of such different types of packaging or classes;

 

"container"

means a bag or other suitable packing unit in which pulses in retail or bulk quantities are packed;

 

"cracked seed coat"

in peas and chickpeas means—

(a) peas with cracked seed coats, (if the peas are otherwise damaged, they are included in the tolerance for damage, not cracked seed coats);
(b) peas with all or part of the seed coat removed; and
(c) broken peas with less than one-fourth of the pea broken off, (broken peas with more than one-fourth of the pea broken off are considered damaged);

 

"damaged pulses"

means pulses that are distinctly damaged by weather, Ascochyta , diseased/fungi infected, shrivelled, cracked seed coat, split pulses, stained, chips, white caps, soiled or discoloured to such an extent that the damage materially affects the quality of the pulses;

(a) Damaged lentils include peeled, split, broken, sprouted, distinctly green, frost damaged, distinctly deteriorated or discoloured by weather or disease, insect damaged, heat damaged or otherwise damaged in a way which materially affects quality.
(b) Damaged peas include split or broken peas where more than one-fourth of the pea is broken off, Whole peas that are sprouted, heated, shrivelled, damaged by insects, badly deteriorated or discoloured by weather or by disease, or that are otherwise damaged in a way that seriously affects their appearance or quality.
(c) Damaged chickpeas include whole or broken chickpeas that are sprouted, frost damaged, heated, damaged by insects, distinctly deteriorated or discoloured (discernible green colour) by weather or by disease, or that are otherwise damaged in a way that seriously affects their quality.

 

"defective pulses"

means pulses of which the quality or colour are adversely affected by the extent to which they are damaged, heat damaged, insect damaged, or sprouted;

 

"discoloured pulses"

means pulses that are distinctly blemished and/or off colour from the characteristic colour of the predominating class;

 

"foreign matter"

means any matter other than fragments of pulse kernels, animal filth, glass, metal, stones, coal, and poisonous seeds that does not naturally form part of pulses;

 

"good coloured pulses"

means pulses that are practically free from discolouration and have the uniform natural colour and appearance characteristics of the predominating colour of the pulse;

 

"green"

means chickpea that when cut in half, there is a distinct green colour throughout the seed and seedcoat;

 

"heat damaged pulses"

means whole and fragments of pulses which have been materially and internally discoloured as a result of heat;

 

"insect"

means an insect of a kind that is detrimental to pulses, irrespective of the stage of development thereof and whether it is alive or dead;

 

"Insect damaged pulses"

means whole and pieces of pulses which are damaged by weevil or other insects;

 

"lentils"

threshed seeds of the lentil plant of (Lens culinaris Medic, Lens esculenta Moench) and which varieties may have a wide range of seed coat colours from green, red, speckled green, black and tan. The cotyledon colour may be red, yellow or green;

 

"main panel"

means that part of the label or container bearing the trade mark, trade name or brand name in greatest prominence and any other part of the label or container bearing the trade mark, trade name or brand name in equal prominence;

 

"mixed lentils"

means lentils that consist of a mixture of different colour or classes of lentils;

 

"mixed peas"

means peas and chickpeas that consist of a mixture of different colour or class of peas;

 

"mixed pulses"

means mixture of pulses with or without additional grains and/or seeds in any proportion that are sound and may be marketed as mixed pulses or soup mix or any other suitable or appropriate name;

 

"mouldy pulses"

means pulse kernels or fragments of pulse kernels that—

(a) may or not have a typical mouldy odour and/or;
(b) are infected by fungi and are characterised by black, blue, green, yellow or white fungi growth and/or fungi spores and/or;
(c) are infected by diplodia-co rot and are characterised by light brown to greyish fungi growth or a dull black discolouration of the pulse kernel; and
(d) are infected by fusarium-cob rot and are characterised by a dull pink to red and light brown to dark brown or black stain of the pulse kernel;

 

"mung beans"

threshed seeds of the mung or green gram plant of Vigna radiata;

 

"other classes or not true type"

means pulses that do not have the normal characteristic shape, size, colour or other properties of a particular class;

 

"poisonous seeds"

means the seeds or bits of seeds of plant species that may present a hazard to human or animal health when consumed, including seeds of Argemone Mexicana L., Convolvulus spp., Crotalaria spp., Canavalia Ensiformus, Datura spp., Ipomoea Purpurea, Lolium Temulentum, Ricinus Communis or Xanthium spp.;

 

"packer"

means a person or company packing pulses for sale, a person/company on whose behalf pulses are packed for sale and a person/company importing pulses for sale;

 

"peas"

means dried, peeled and split seeds of Pisum sativum;

 

"peeled and broken pulses"

means pulses and pieces of pulses which are otherwise sound but which are less than three-quarters of whole seeds or where less than one-half of the seed coat is intact; Lentils with cracked or clipped seed coats are considered sound when the cotyledons are firmly held together;

 

"pulses"

means dry leguminous seeds of Lentils (Lens culinaris Medic, Lens esculenta Moench); Peas of Pisum Sativum L; Chickpeas of Cicer Arientinum L; Black gram of Vinga Mungo; Mung beans of Vigna Radiata; Cowpeas of Vigna Unguiculata; Pigeon peas of Cajanus Cajan;

 

"retail quantity"

means a quantity of 10 kg or less of pulses, irrespective whether sold in containers or in loose quantities;

 

"sclerotia"

means hard masses of fungal tissue produced by fungus Sclerotinia Sclerotiorum. The sclerotia vary in size and form and consist of a dark black exterior, a white interior and a rough surface texture;

 

"screenings"

means all matters other than pulses that can be removed from the original sample by use of an approved device and procedure;

 

"shrivelled pulses"

means pulses which are distinctly shrivelled in contrast to the natural shape and appearance of a normally developed seed and shows three or more intense pleats;

 

"sound"

means free from all internal and external defects which detrimentally affect the quality of the pulses;

 

"split pulses"

means pulses without their seedcoat, with the two cotyledons separated from the other which are sound;

 

"sprouted pulses"

means pulses that are considered sprouted when the seed coat splits and the primary root emerges from between the cotyledons. Sprouted is considered in the total tolerance for damage;

 

"stained pulses"

means—

(a) seeds with a significant number of distinct spot on the seed coat;
(b) seeds with distinct brown discolouration on the seed coat;
(c) seed with Ascochyta, seeds with dark-coloured lesions on the seed coat, seeds with fungal growth are considered damaged; and
(d) seeds of green lentils with significant blue-black discolouration of the seed coat;

 

"stones and sand"

means hard shales, coal, hard earth pellets and any other non-toxic materials of similar consistency. Fertilizer pellets are assessed as stones when constituting 1.0% or less of the net sample weight;

 

"the Act"

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

 

"unscreened pulses"

means the uncleaned sample of pulses;

 

"white caps"

means split peas with seedcoats attached; and

 

"whole pulses"

means pulses with one-fourth or less of the cotyledons removed and with the remainder of the cotyledons firmly held together;