Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B31: Labelling requirements 

Date when the measure came into force

14 February 2014 

Publication where the measure is specified

Government Gazette No. 37330, 14 February 2014 

Regulation where the measure is specified

Regulations Relating to the Grading, Packing and Marking of Dry Beans intended for sale in the Republic of South Africa 

Country/Region applying the measure

South Africa 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

11 (1) (a) Subject to the provisions of paragraph (b) and (c), the main panel of a container in which dry beans are sold in retail quantities shall be marked with-
(i) The applicable type group of those dry beans or, in the case of dry beans that have been imported, the common name;
(ii) The applicable size group, colour group and grade of those dry beans; and
(iii) The expression “Product of” followed by the full name of the country of origin thereof or the country of origin declared as required by the regulations published in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972); Provided that this information may be placedin any conspicuous place on the container.
(b) the indications of size group or colour group may be omitted if –
(i) Dry beans destined for sale in the retail trade are packed in containers of which a potions of at least 25 per cent of the area thereof is transparent; or
(ii) The type groups is descriptive of the size group and colour group.
c) Any illustration on the container shall be an accurate representation of the contents, especially as far as colour group and type group are concerned.
(2) Each container in which dry beans inretail quantities are sold shall, either on the main panel or in another conspicuous place thereon , be marked with-
(a) the name and address of the packer of those dry beans and required by regulation 13; and
(b) the nett mass of the dry beans packed therein, as required in terms of the Trade Metrology Act , 1973 (Act No. 77 of 1973).
(3) The particulars referred to in sub regulation (1) and (2) shall be indicated in detached letters and figures –
(a) that are in each separate case of the same colour, type and size;
(b) that appear on a uniform and contrasting background;
(c) That are clearly legible; and
(d) Of which the vertical height is at least 4 mm: Provided that the indication of the name and address of the packer may be of a vertical height of at least 2mm.
(4) If any words or expression that is not a trade-mark or is not required in terms of these regulations or another law, appears on a container in which dry beans intended for sale in theretail trade are packed, the vertical height of the letters and figures used to indicate the particulars referred to in subregulation (1) (a) shall, subject to the provisions of subregulation (3) (d) , be at least the same as that of the largest letter or figure in the word or expression concerned.
(5) The provisions of this regulation shall mutatis mutandis apply to particulars that are indicated on and outer container in which one or more separate containers of dry beans intended for sale in the retail trade are packed , if such outer container is not transparent.
(6) When dry beans destined for sale in retail trade are kept for sale in loose quantities –
(a) dry bean of different size groups, colour groups, type groups and grades shall, except in the case of the type group known as Mixed dry beans , be kept separate; and
(b) the particulars referred to in subregulation (1) (a) shall be indicated in clearly legible letters and figures with a vertical height of at least 10,0 mm on a notice board displayed at those dry beans.
12 (1) Subject to the provisions of subregulations (2) , each container containing dry beans in bulk, shall be marked clearly and legibly with block letters on the container itself, or on a label affixed to the container, with the following particulars:
(a) The name of the product shown at least as dry beans
(b) The grade of the dry beans : Provided that the grade may be omitted if the dry beans have not been graded yet, or in the case of the imported dry brans destined for any other purpose other than sale;
(c) A lot identification;
(d) The country of origin; and
(e) The name and address of the packer of those dry beans as required by regulation 13: Provided that the lot identification and the name and address of the packer may be replaced by an identification mark, if such identification mark is clearly identifiable with the accompanying sales documents.
(2) The country of origin may in the case of dry beans destined for further processing or packing be omitted, if the country of origin is indicated on the accompanying sales documents.
13 (1) The name of the packer of dry beans that is marked on the container shall-
(a) Consist of the initials and surname or trade name of the packer or, in the case of imported dry beans, the importer concerned ; and
(b) Be preceded by the expression ”Packed by ” or, in the case of dry beans imported into the Republic in the containers in which they are to be sold in the retail trade, be preceded by the expression “Imported by”.
(2) The address contemplated in regulation 1 of the packer of dry beans and be markedon such containers immediately after the particulars referred to in subregulation (1).
(3) if dry beans are packed on behalf of a person-
(a) the particulars referred to in subregulation (1) (a) shall be replaced by the initials and surname or trade name of the person on whose behalf those dry beans have been packed;
(b) such initials and surname or trade name shall be preceded by the expression “packed for”;
c) the address of such person shall be indicated in the place of the address referred to in subregulation (2);
(d) such address shall be marked on a container immediately after the particulars referred to in paragraph (a) and
e) the particulars referred to in suregulation (1) and (2) may in addition thereto be marked on a container
14. (1) No indication of size group, colour group, type group, or grade other than the applicable size group, colour group, type group or grade shall appear on a container in which dry beans are packed or on a label attached to such container.
(2) The expression “Selected” or “Hand selected”, or any other word or expression which directly or by implication creates or may create the impression that dry beans are of a special or particular quality shall not appear on an container in which dry beans are packed, or on a label attached to such container: Provided that the expression “hand pick selected” may be used in the case of dry beans sold in bulk if the dry beans –
(a) comply with at least grade 1 specification; and
(b) had been selected by hand.
(3) No word, mark, illustration, depiction or any other method of expression that constitutes a misrepresentation or directly or by implication creates or may create misleading impression regarding the quality, nature, size group, colour group, type, or grade of dry beans shall appear on a container in which dry beans are packed, or on a label attached to such container.
(4) The provisions of this regulation shall apply mutatis mutandis to particulars that appear on-
(a)a notice board displayed at dry beans that are kept for sale in loose quantities ; and
(b) an outer container in which one or more separate containers of dry beans are packed, if such outer container is not transparent. 

Reference of the measure

Regulations 11-14 

Measure also domestic

No 

Products affected by the measure.

Description

Dry Beans 

Countries/Regions affected by the measure.

Description

All countries