Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

22 January 2003 

Publication where the measure is specified

Government Gazette No. 24481, 21 February 2003 

Regulation where the measure is specified

Regulations Relating To The Grading, Packing And Marking Of Garlic 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 in the Republic of South Africa
(a) classified garlic --
(v) unless such garlic is marked with the particulars and in the manner prescribed in Regulation 8
(viii) if such garlic is marked with particulars or in a manner prescribed as particulars with which or a manner in which it may not be marked;
(b) unclassified garlic unless such garlic is marked with the particulars and in the manner prescribed in regulation 8(8).
Marking requirements
8. (1) Containers containing classified garlic destined for sale, shall be marked in clear and legible block letters of at least 5 mm in height with the following particulars:
(a) The name and address or trade mark of the producer, owner, packer and/or local dispatcher.
(b) The expression “Product of” followed by the name of the country of origin of the garlic.
(c) The class, in the case of Class 1 and Class 2.
(d) The size group of the garlic in the container, indicated as a minimum diameter and maximum diameter
(e) The net mass of the contents, in letters of a size as prescribed by the Trade Metrology Act, 1973 (Act No. 77 of 1973).
(f) The word "garlic", in the case of containers the contents of which are not visible from outside
(g)If containers is packed in a carrier container each carrier container shall be marked with the particulars set out in subitem (1), as well as with the number of container it contains and its contents, on at least one end of every carrier container by means of stamping or printing or by pasting a printed label thereon.
(2) The particulars prescribed in subregulation ( 1) shall be indicated on the container or on a label affixed to the container.
(3) Particulars shall be printed in English or both in English and any of the other official languages.
(4) If at any stage the class or size designation should change the labels shall be replaced unless the new class or size designation is stamped in red ink across the old class or size designation, in clear legible block letters of at least 2 mm larger than the previous marks, with a suitable stamp.
(5) Any labels shall be firmly affixed to each container. If more than one label is used, the markings on different labels shall not be contradictory.
(6) Each container containing garlic shall be provided with one or more labels that shall be (a) intact, clean and neat;
(a) manufactured from manilla paper or other suitable material; and
(c) affixed f m l y to the container and in such a manner that re-stamping is possible without opening or damaging the container.
(7) If classified garlic is displayed for sale in loose quantities- -
(a) any quantity of a particular class, a size group or a cultivar shall not be displayed mixed with garlic of any other class, size group or cultivar; and
(b) the class, size group and country of origin of such garlic shall be indicated in clear, legible block letters of at least 10 mm in height on a notice board prominently placed at such a quantity of garlic.
(8) Containers containing unclassified garlic destined for sale, shall be marked in clear and legible block letters of at least 5 mm in height with the name and address of the producer or owner and with the expression
“Unclassified garlic”.
Prohibited particulars
9. No wording, illustration or other device of expression which constitutes a misrepresentation or which directly or by implication can create a misleading impression of the contents shall appear on a container containing garlic or on a label affixed thereto or which is displayed therewith. 

Reference of the measure

Regulations 2 (1)(a) (v) and (viii), 2(1)(b) , 8 and 9 

Measure also domestic

Yes 

Products affected by the measure.

Description

Garlic 

Countries/Regions affected by the measure.

Description

All countries