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Perishable Products Export Control Act, 1983 (Act No. 9 of 1983)RegulationsRegulations relating to the Export of Perishable Products, 2025 - effective July 2025Chapter 1: Interpretation1. Definitions |
(1) | In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have that meaning, unless the context indicates otherwise: |
“Act” means the Perishable Products Export Control Act, 1983 (Act 9 of 1983), and as amended;
“agent” means an agent of an exporter or cold chain service provider;
“APS Act” means the Agricultural Product Standards Act, 1990 (Act 119 of 1990);
"Board" means the Perishable Products Export Control Board established in terms of section 2 of the Act;
“˚C” means degrees centigrade;
“carrying temperature instruction letter” means the written and/or electronic instruction issued by the Board to a vessel (cold chain service provider) to carry perishable products;
“certificate of authority” means a certificate issued by any statutory or regulatory authority in South Africa;
“Chief Executive Officer” means the chief executive officer of the Board in terms of section 13 of the Act, and shall bear the same meaning as the “General manager” referred to in that section;
“classification certificate” for a container means a certificate of compliance in respect of a container issued by a classification society;
“classification society” means a classification society that is a member of the International Association of Classification Societies (IACS);
“CO2 ” means carbon dioxide;
"cold chain" means all aspects of the handling, packing, temperature management, transportation and storage of perishable products, and the principles of procedure relating to the analysis, measuring, evaluation, control, documentation and validation of the cold chain;
"cold chain service provider" means any person who provides a service in respect of the cold chain;
“cold storage facility” means any facility used to store perishable product intended for export, and which may be refrigerated, controlled atmosphere, modified atmosphere, or at an ambient temperature;
“cold treatment” means the process used to eradicate quarantine pests and diseases, which is also referred to as “sterilisation”; which process includes exposing a perishable product to low temperatures over a pre-determined period of time, either in a cold storage facility, refrigerated container and/or a refrigerated space;
“Cold Treatment Markets” means a foreign country market that is subject to special cold treatment requirements;
“container” shall mean standardised intermodal equipment intended for carrying perishable product at sea, on land or in the air, consisting of a large metal, glass or re-enforced plastic box in which several packages can be stowed, and capable of being loaded, stowed and discharged as a unit;
“container number” means the unique code or serial number allocated to an intermodal shipping container in accordance with ISO 6346 (or any international standard replacing same) as presently managed by the International Container Bureau (“BIC”);
“container vessel” means a vessel designated to carry refrigerated and unrefrigerated containers;
“cooling facility” means a facility designed to maintain an ambient temperature (if applicable), or to reduce the temperature of perishable product from the ambient temperature to the carrying temperature prescribed in the Schedule, and to maintain the latter temperature;
“CTO” means Container Terminal Order;
"data" means electronic representations of information relating to the cold chain;
"data base" means the collection or storage of data relating to the cold chain, in electronic form, from where it may be accessed, reproduced or extracted;
“the Department” means the Department responsible for Agriculture;
“DAT” or “Delivery Air Temperature” means the temperature of the air exiting the refrigeration unit;
“de-stuffing” means the unloading of perishable product from a container or other mode of transport, and de-stuffed has a corresponding meaning;
“dunnage” means loose wood, matting or similar material used to secure perishable product in position in the hold of a vessel or in any other mode of transport;
“electronic” means, to do, submit, provide a service or store any information by electronic means and electronically shall have a corresponding meaning;
“electronic service” means such electronic information system as may be indicated by the Board from time to time;
“empty deck test” means the cooling of a cargo space on a vessel or in a container, in the absence of any cargo stored therein, for the purposes of determining its suitability for the temperature management of a perishable product as stipulated by the Board;
“equipment” means all equipment used in respect of a perishable product during handling, storage and transport, including but not limited to temperature recording devices, data loggers, safety apparatus, handling and loading gear;
“EU” means the European Union;
“exporter” means any person who despatches or conveys a perishable product by ship, or other means of transport, out of the Republic or makes any arrangement for the despatch or conveyance of a perishable product out of the Republic, and “export” has a corresponding meaning;
“FBO” means a Food Business Operator registered as such with the Department;
“generic information” means historical information presented or ordered in such a manner that it does not relate to, or disclose the identity or the affairs of any business or person, and may include volumes of any particular perishable product exported during any particular period, the production area, port of shipment, export destination, type, class, count, weight and packaging type;
“GMT +2” is equivalent to South African Standard Time. South Africa is 2 hours ahead of Greenwich Mean Time (“GMT”);
“ICT” means Information and Communication Technology;
"information" means information in any form, including, but not limited to, documentary and electronic information that relates to the export of perishable product from the Republic and includes information regarding the identity or the affairs of any business or person and the total volumes and temperatures of any perishable product exported from the Republic;
"information system" means a system for generating, sending, receiving, storing or otherwise processing and disseminating information relating to the cold chain;
“ISO” means International Organization for Standardisation;
“ISPM 15” means the International Standards for Phytosanitary Measures No. 15, being known as “ISPM 15, Regulation of wood packaging material in international trade”, developed by the International Plant Protection Convention that addresses the need to treat wood packaging materials (such as pallets, crates and dunnages) used to ship product between countries;
“loading completed” means the point at which a vessel or other mode of transport, having loaded all the perishable product, and or containers, that it is engaged to carry or can physically carry, closes its main hatch covers and/or ensures that all loaded containers are secured;
“logbook” means the document or register, with all pages numbered consecutively, in which particulars of the temperature of the perishable product or the space and all operational details of the refrigeration machinery are recorded at regular intervals;
“m³” means cubic meters;
“m” means meters;
“mm” means millimeters;
“Manifest” shall mean a document containing the information required in terms of this regulation;
“MAP Act” means the Marketing of Agricultural Products Act, 1996 (Act 47 of 1996);
“N-Code” means the numbers and/or letters allocated by the Board for reference purposes to any trade facility granted by the Board to any exporter or cold chain service provider registered with the Board in terms of the Act and these regulations;
“online” means utilising such electronic service as may be indicated by the Board from time to time;
“PBR Right” means a plant breeder’s right granted in respect of a variety by the registrar in terms of Plant Breeders’ Rights Act, 1976 (Act 15 of 1976), or recognised in any subsequent or other act in force in the Republic;
“port terminal” means terminal buildings, surfacing, rail sidings, stacking area, quay side, perishable product handling equipment, cold storage facilities, sheds and other land-based structures used for the loading, storage, cooling, transshipment and discharging of perishable product at a port;
“port terminal operator” means Transnet Port Terminals, an operating division of Transnet SOC Limited, registration number 1990/000900/30 or any lawful successor in title thereto that has the function of the operation of any port terminal;
“pre-cooled” means the condition of any perishable product and the storage or transportation space, as prescribed in the Schedule;
“PUC” means a production unit code as registered by or with the Department, the Board or any other statutory regulator;
“RAT” or “Return Air Temperature” means the temperature of the air coming directly off the perishable product;
“refrigerated container” means a shipping container for transporting perishable product, that has its own cooling system;
“Regime Code” means the reference, expressed in letters and numbers, used to identify the carrying temperature and recipe selected by an exporter or cold chain service provider for a particular consignment of perishable product;
“regulation” means a regulation made under the Act;
“registration certificate” means a registration certificate of an exporter or a cold chain service provider issued by the board in terms of these regulations;
“representative” shall mean a member, official or employee of the Board acting on a written authorisation of the Board;
“Republic” shall mean the Republic of South Africa, and a reference in these regulations to South Africa shall have the same meaning;
“RH” means relative humidity;
“RRMT” means Refrigerated Road Motor Transport transporting perishable product intended for export;
“satisfactory storage conditions” in relation to a perishable product, shall mean the conditions under which these regulations require such perishable product to be stored prior to export;
“Schedule” means the Carrying Temperature Regimes of Perishable Products for Export Schedule annexed to these regulations;
“shipping line” means any person that operates a vessel carrying perishable product loaded at any port to any destination outside the Republic, and a shipping line is a cold chain service provider;
“specialised refrigerated vessel” means a vessel designed to carry perishable product in a refrigerated atmosphere in break bulk or on pallets;
“Special Markets” means any foreign country market that is subject to special export requirements;
“specialised unrefrigerated vessel” means a vessel designated to carry perishable product that is not refrigerated;
“statistics” means aggregated numerical information, relating to the export of perishable product from the Republic, which is compiled and analysed by the Board according to relevant scientific and statistical methodology;
“stuffing” means the process of loading perishable product into a container or other mode of transport ready for shipping, and “stuffed” has a corresponding meaning;
“Temperature regime” means, in respect of any perishable product, the applicable carrying temperature regime as specified in the Schedule;
“transportation” means the conveyance of a perishable product in any manner by land, sea or air: and “transport” has a corresponding meaning;
“TTT” or “Time Temperature Tolerance” shall mean the total length of time for which a perishable product may be left without cooling, and during which time no significant rise in temperature must take place that could lead to any deterioration of such perishable product;
“UCN” means a unique Board reference number or letter that the Board allocates to any exporter and/or cold chain service provider upon the registration of such exporter or cold chain service provider with the Board in terms of the Act and these regulations;
“UPN” means a unique reference number or letter that the Board may allocate to any consignment of perishable product
for traceability purposes;
“USDA” means United States Department of Agriculture;
“validation” means the process and procedure adopted by the Board from time to time for the evaluation and/or certification of all aspects of the cold chain in connection with perishable product, and the performance by exporters and cold chain service providers in connection therewith, and “validate” shall have a corresponding meaning; and
“website of the Board” means https://ppecb.com.