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

Regulations

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

Part I : Definitions, Scope and Restrictions

1. Definitions

 

Any word or expression in these regulations to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates—

 

"abnormal colour"

means table olives of which the colour is distinctly different from the characteristic colour of the trade preparation in question and from the average of a representative sample of the batch;

 

"abnormal texture"

means table olives which are excessively or abnormally flabby or tough in comparison with the trade preparation in question and with the average of a representative sample of the batch;

 

"address"

means a physical address 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;

 

"assignee"

means a person, undertaking, body, institution, association or board designated under section 2(3) the Act;

 

"blemished fruit"

means table olives with marks or stains on the skin that are more than 9 mm2 in surface area and that may or may not penetrate through to the fleshes which singly or in the aggregate, materially affect the appearance or eating quality of the table olives;

 

"broken fruit"

means table olives damaged to such an extent as to affect their normal structure;

 

"batch"

means a definite quantity of table olives produced essentially under the same conditions, and not exceeding a period of 24 hours;

 

“best before date” or “best quality before date”

means the date which signifies the end of period under any stated storage conditions during which the unopened product will remain fully marketable and will retain any specific qualities for which implied or express claims have been made, however, beyond the date the food may still be acceptable for consumption;

 

“close proximity”

means in the immediate vicinity of or nearest/ closest/ next to, and which shall not be interrupted or separated by for example any wording, symbols, figures, lines, depictions, etc.;

 

"container"

means the immediate packaging in which table olives are presented for sale;

 

"defective stuffing"

means that table olives presented as the style stuffed olives are totally or partly empty in comparison with the average of a representative sample of the batch;

 

"drained mass"

means the mass, in grams, of the drained contents of a container of table olives, determined as prescribed in regulation 24;

 

"excessively soft"

means table olives—

(a) that appear to be spongy or watery;
(b) that have the apparent shape of whole units, but appear to have disintegrated flesh and water texture; or
(c) of which the pit can be felt when applying moderate pressure;

 

“EU SADC EPA”

means the European Union and Southern African Development Community Economic Partnership Agreement signed on 10 June 2016 between the member states of the European Union and the Southern African Development Community region of which the Republic of South Africa forms part;

 

“Executive Officer”

means the officer designated under section 2 (1) of the Act;

 

"food additive"

means a permitted substance as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

 

"foodstuff"

means a foodstuff as defined in the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

 

“geographical indication” (GI)

means an indication (name) as defined in the regulations relating to the protection of geographical indications used on agricultural products intended for sale in the Republic of South Africa published under the Act;

 

"harmless extraneous material"

means any vegetable matter (e.g. leaves and separated stems) not detrimental to health, nor aesthetically undesirable, but excludes any added foodstuffs and food additives allowed for in terms of these regulations;

 

“herbs”

means the leafy green or flowering parts of a plant used for amongst others flavouring and culinary purposes and could be fresh, dried or the extract thereof;

 

"hermetically sealed containers"

means containers which are sealed to protect the contents against the entry of micro-organisms during and after heat processing;

 

“honey”

means the product as defined in the latest regulations relating to the grading, packing and marking of honey and mixtures of Bee products intended for sale in the Republic of South Africa published under the Act;

 

“inspector”

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

 

"label"

means any tag, brand, mark, pictorial, graphic or other descriptive matter, which is written, printed, stenciled, marked, embossed, impressed upon, or permanently attached to a container of table olives, and includes labelling for the purpose of promoting its sale or disposal;

 

"main panel"

means that part(s) of the container, outer container or label that bears the brand name or trade mark of the product in greatest prominence or any other part of the container or label that bears the brand name or trade mark in equal prominence;

 

"mutilated fruit"

means table olives damaged by tearing the epicarp affecting the flesh to such an extent that a portion of the mesocarp (flesh) becomes visible;

 

"outer container"

means a carton or any other suitable packaging in which more than one container of table olives is packed, irrespective whether it completely or partially encloses the containers;

 

"packed to capacity"

means that the container has been filled with the maximum quantity of table olives that can be sealed therein without breaking tor crushing the contents;

 

“pit” or “pit fragments”

means whole pits or pit fragments measuring more than 2 mm along their longest axis, but excludes pits in the styles whole, cracked and split olives;

 

“salt”

means a substance as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

 

"shrivelled fruit"

means table olives that are so abnormally wrinkled as to affect their appearance: Provided that slight superficial wrinkles displayed by certain processed table olives (e.g. dried olives) shall not be considered a defect;

 

"soft"

means units lacking the firmness that is characteristic for a particular variety;

 

“spices”

means dried, pungent or aromatic substances of edible plant origin (i.e. from the fruit, root, stem, bulb, bark or seeds) primarily used for flavouring, colouring or preserving of foodstuffs;

 

"stems"

means stems attached to the table olives and which measure more than 3 mm in length when measured from the shoulder of the olive: Provided that it shall not be considered a defect in whole olives presented with stems attached;

 

“sugar”

means the product as defined in the Codex Standard for Sugars (CODEX STAN 212-1999);

 

"table olives"

means the product—

(a) prepared from the sound fruits of varieties of the cultivated olive tree (Olea europaea L.) having reached appropriate degree of development for processing that are chosen for their production of olives whose volume, shape, flesh-to-stone ratio, fine flesh, taste, firmness and ease of detachment from the pit make them particularly suitable for processing;
(b) treated to remove its bitterness and preserved by natural fermentation, and/or by heat treatment, and/or by other means so as to prevent spoilage and to ensure product stability in appropriate storage conditions with or without the addition of preservatives; and
(c) packed with or without a suitable liquid packing medium in accordance with regulation 9;

 

"the Act"

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

 

“trade mark”

means a trade mark as defined in the Trade Marks Act, 1993 (Act No. 194 of 1993);

 

“transparent”

in relation to containers and outer containers, means that an area of at least a 25 percent continuous portion of the main panel or back panel, or across any two adjacent panels, of a container or outer container is transparent;

 

“use by date” or “expiration date”

means the date which signifies the end of the period under any stated storage conditions, after which the product should not be sold or consumed due to safety and quality reasons;

 

“vinegar”

means the product as defined in the latest regulations relating to the classification, packing and marking of vinegar and imitation vinegar intended for sale in the Republic of South Africa published under the Act; and

 

“water”

means potable water as described in the latest version of the SANS 241-1: 2015 Drinking Water Standard.