Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B7: Product quality, safety or performance requirements 

Date when the measure came into force

22 January 2016 

Publication where the measure is specified

Government Gazette No. 39613, 22 January 2016 

Regulation where the measure is specified

Regulations Relating To The Grading, Packing And Marking Of Durum Wheat 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 a consignment of wheat in the Republic of South Africa --
(a) unless the wheat is sold according to the classes set out in regulation 3;
(b) unless the wheat complies with the standards for the classes set out in regulation 4;
(c) unless the wheat, where applicable, complies with the grades of wheat and the standards for grades set out in regulations 5 and 6 respectively;
Classes of wheat
3. The classes of wheat are --
(a) Durum Wheat; and
(b) Other Wheat.
4. (1) Notwithstanding the provisions of sub-regulations (2) and (3) a consignment of wheat
(e) be free from any undesired odour, taste or colour not typical of undamaged and sound wheat;
(f) be free from animal filth;
(g) be free from stones, glass, metal, coal or dung;
(h) with the exception of Class Other Wheat, be free from insects;
(j) with the exception of Class Other Wheat, have a moisture content not exceeding 13 percent.
(2) A consignment shall be classified as Durum Wheat if --
(a) the wheat in the consignment consists of at least 95 percent (m/m) of one or more of durum wheat seeds
(b) it complies with the standards for Grade 1, Grade 2, Grade 3 or Grade 4 as set out in regulation 6.
(3) A consignment of wheat shall be classified as Class Other Wheat if it does not comply with the standards for Durum Wheat.
Grades of wheat
5. (1) The grades for Durum Wheat shall be as follows:
(a) Grade 1.
(b) Grade 2.
(c) Grade 3; and
(d) Grade 4.
(2) No grades are determined for Class Other Wheat.
Standards for grades of wheat
6. (1) Subject to the provisions of sub-regulations (2), (3) and (4), a consignment of wheat shall be graded as --
(a) Grade 1 if the nature of deviation, specified in column 1 of Table 1 of the Annexure, in that consignment does not exceed the percentage specified in column 2 of the said table opposite the deviation concerned.
(b) Grade 2 if the nature of deviation, specified in column 1 of Table 1 of the Annexure, in that consignment does not exceed the percentage specified in column 3 of the said table opposite the deviation concerned.
(c) Grade 3 if the nature of deviation, specified in column 1 of Table 1 of the Annexure, in that consignment does not exceed the percentage specified in column 4 of the said table opposite the deviation concerned.
(d) Grade 4 if the nature of the deviation, specified in column 1 of Table 1 of the Annexure, in that consignment does not exceed the percentage specified in column 5 of the said table opposite the deviation concerned.
(2) The minimum hectolitre masses for different grades are as follows:
(a) Grade 1 - 79 kg.
(b) Grade 2 - 77 kg.
(c) Grade 3 - 76 kg; and
(d) Grade 4 – 72 kg.
(3) (a) Grade 1, grade 2, grade 3 and grade 4 shall have a minimum falling number value of not less than 300 seconds.
(b) Notwithstanding the provision of paragraph (a), wheat shall be deemed to comply
with the requirements of the paragraph concerned if it deviates with not more
than 30 seconds lower than the minimum prescribed for Grade 1, Grade 2,
Grade 3 and Grade 4 as the case may be.
(4) Durum Wheat shall --
(a) in the case of Grade 1, contain--
(i) a minimum of 12 percent protein; and
(ii) a minimum of 85 percent amber glossy and flinty kernels.
(b) in the case of Grade 2, contain --
(i) a minimum of 11 percent protein; and
(ii) a minimum of 75 percent amber glossy and flinty kernels.
(c) in the case of Grade 3, contain --
(i) a minimum of 10 percent protein; and
(ii) a minimum of 60 percent amber glossy and flinty kernels.
(d) in the case of Grade 4, contain --
(i) a minimum of 9 percent protein; and
(ii) a minimum of 50 percent amber glossy and flinty kernels. 

Reference of the measure

Regulations 2(1)(a)-(c); 3; 4(1)(e)-(h) and (j); 4(2)-(3); 5 and 6 

Measure also domestic

Yes 

Products affected by the measure.

Description

Durum wheat 

Countries/Regions affected by the measure.

Description

All countries