Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

29 May 2009 

Publication where the measure is specified

Government Gazette No. 32254, 29 May 2009 

Regulation where the measure is specified

Regulations Relating to the Grading, Packing and Marking of Apples 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

2. (1) No person shall sell apples in the Republic of South Africa other than imported apples referred to in subregulation (3)
(f) unless such apples are marked with the particulars and in the manner prescribed in regulation 12

MARKING REQUIREMENTS FOR APPLES
12. (1) Each container containing apples shall be marked clearly, indelibly, legibly and not untidy, upside-down or askew in block letters and numerals on any visible short or long side of the lid or container, where lids are not used, by printing, stamping or by means of specially designed labels with the following particulars: Provided that all particulars shall be grouped on the same side:
(a) The expression "Apples".
(b) The appropriate cultivar.
(c) The applicable minimum and maximum diameter: Provided that it
(aa) may be replaced with the applicable count, preceded by the expression "Count', in the case of apples packed in layers; or
(bb) shall be replaced with the applicable minimum diameter followed by the expression "and over", in the case of Class 2 apples which are not sized;
or
(d) The applicable minimum and maximum weight: Provided that it
(aa) may be replaced with the applicable count, preceded by the expression "Count', in the case of apples packed in layers; or
(bb) shall be replaced with the applicable minimum weight followed by the expression "and over", in the case of Class 2 apples which are not sized.
(e) The appropriate class in accordance with regulation 3.
(f) The name and physical or postal address of the producer or owner of the contents of the container.
(g) The producer's code or the packhouse code (excluding imported apples) which is registered with the Executive Officer by the producer or packhouse, as the case may be: Provided that
(i) the packhouse code shall be used if the origin of the apples cannot be traced back to the producer;
(ii) if a producer has more than one farm, each farm shall be registered separately; and
(iii) such code shall be preceded by the expression "Producer", "Packhouse", "Packer", "PUC", "PHC", "FBO" or any other suitable term having a similar meaning.
(h) The country of origin.
(i) Indication of date code/date on at least 90% of the containers and prepacked containers: Provided that if the packing date is expressed in date code, it shall be registered with the Executive Officer.
(2) Subject to the provisions of subitem (1), each outer container containing prepacked units shall be marked with an indication of the total number of prepacked units per outer container: Provided that if the total number of prepacked units is visible from the outside, it does not have to be indicated on the outer container.

(3) No indication highlighting a special grading, presentation weight or size shall be indicated on the same side as the particulars in subitem (1).
(4) The net weight must be indicated on jumble cartons.
(5) If apples are displayed for sale in loose quantities
(a) any quantity of a particular class, size group or cultivar shall not be displayed mixed with apples of any other class, size group or cultivar; and
(b) if imported, the country of origin of the apples shall be indicated in clear, legible block letters on a notice board placed at the quantity of apples.
PROHIBITED PARTICULARS
13. No wording, illustration or other means of expression which constitutes a misrepresentation or which
directly or by implication, creates a misleading impression of the contents, shall appear on a container which
contains apples.
Display
14. (1) If apples in containers for sale are being displayed, such container shall be placed in such a manner to ensure that the prescribed markings on the containers or labels, as the case may be, are clearly visible.
(2) If apples are displayed for sale other than in containers,
(a) any quantity thereof of a particular class, size group or cultivar, as the case may be, shall not be so displayed mixed with apples of any other class, size group or cultivar; and
(b) the class and cultivar of such quantity of apples shall be displayed in clear legible block letters of at least 10 mm in height on a notice board prominently placed at such quantity of apples. 

Reference of the measure

Regulation 2 (1 (f) , 12, 13 and 14 

Measure also domestic

No 

Products affected by the measure.

Description

Apples 

Countries/Regions affected by the measure.

Description

All countries