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Perishable Products Export Control Act, 1983 (Act No. 9 of 1983)

Regulations

Regulations relating to the Export of Perishable Products, 2025 - effective July 2025

Chapter 14: Maintenance of Statistics and Disclosure of Information

89. Information and statistics

 

(1) The Board may utilize the information that it receives in the performance of its functions and carrying out of its duties in terms of the Act to compile statistics, and which statistics shall be maintained by the Board.

 

(2) The Board may publish statistics, or generic information as to volumes of perishable products exported from the Republic, in such manner and at such intervals as the Board considers necessary.

 

(3) The Board may provide statistics, or generic information to any person as to volumes of perishable products exported from the Republic, as may from time to time be in the possession of the Board.

 

(4) The Board may make information available to an exporter or cold chain service provider relating to the volumes of perishable product exported by that exporter or cold chain service provider, and to any third party with the written consent of the exporter or cold chain service provider that exported such perishable product.

 

(5) The Board may, on request by the holder of a valid PBR Right, which request shall be accompanied by proof to the satisfaction of the Board of that persons title to such PBR Right, provide information in the Board’s possession as to the identity of any exporter that has exported from the Republic any variety to which that PBR Right relates, and the quantity so exported by each such exporter.

 

(6) The Board may provide statistics, information or generic information to any person entitled thereto in terms of the MAP Act or any other law.

 

(7) Any person making a request to the Board in terms of sub-regulations (3), (4), (5) and (6) for statistics, information or generic information shall do so in such manner and in such form as may be required by the Board or the Chief Executive Officer from time to time.

 

(8) A person requesting statistics, information or generic information in terms of these regulations shall be required to pay such fee or charge as may be determined by the Chief Executive Officer, which fee shall be determined having regard to the form in which such statistics, information or generic information is required to be provided by the Board and the reasonable time required for the Board to locate and prepare or compile the requested statistics, information or generic information. The Chief Executive Officer may further require that up to fifty percent of such fee or charge be paid to the Board in the form of a deposit, and the full amount of the fee or charge shall in any event be payable to the Board prior to the statistics, information or generic information being provided to the requester.

 

(9) The Chief Executive Officer shall, within 30 days of a request being made for statistics, information or generic information, respond in writing to the requester and provide a response to the request, at the same time indicating the fee or charge that will be required to be paid prior to such statistics, information or generic information being made available, and the estimated time within which such statistics, information or generic information can be provided. In the event of the Chief Executive Officer refusing to furnish the whole or any part of the requested statistics, information or generic information, the reason/s for such refusal shall be furnished in writing.

 

(10) The Board shall not, in response to any request for statistics in terms of these regulations, be required to create any statistics or to present any statistics in any format other than that which is already in the possession of and maintained by the Board.

 

(11) The Board shall in no circumstances be liable for any loss or damage occasioned to, or suffered by any person/s whatsoever, as a consequence of the Board making available to any person any statistics, information or generic information, or arising from the reliance by any person on the correctness or accuracy of any such statistics, information or generic information furnished by the Board.