Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A84: Inspection requirement 

Date when the measure came into force

24 May 2013 

Publication where the measure is specified

Government Gazette No. 36480, 24 May 2013 

Regulation where the measure is specified

Regulations Relating To The Grading, Packing And Marking Of Fresh Vegetables 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 fresh vegetables, other than imported fresh vegetables referred to in subregulation 2;
(f) unless the samples for inspection are drawn according to the requirements set out in regulations 12, 13 and 14;
(g) unless the samples are inspected in accordance with the methods set out in regulations 15, 16 and 17;

SAMPLING PROCEDURES
Obtaining a sample from the consignment
12. At least two percent of the containers in a consignment shall be drawn at random for inspection purposes and an inspector shall be satisfied that the containers so drawn are representative of the consignment concerned: Provided that in the case of bulk containers at least 25 percent or two containers, whichever is the greatest, shall be taken as sample from the consignment.
Obtaining an inspection sample
13. An inspection sample shall-
(a) in the case of fresh vegetables packed in containers be drawn from each container obtained in accordance with regulation 12 and shall consist of the entire contents of the container; and
(b) in the case of vegetables packed in bulk containers be drawn from each bulk container obtained in accordance with regulation 12 and shall consist of three quantities of 10 vegetables each, taken from the middle and two opposite corners of the bulk container:
Provided that all three samples of 10 fresh vegetables shall be taken as the inspection sample.
Deviating sample
14. If an inspector should notice during the process of drawing the random sample or during the inspection, that some of the containers derived from any part of the pallet load, truck load or consignment, contain fresh vegetables which are noticeably inferior to or differ from the contents of containers which represent the remainder of the pallet load, truck load or consignment, the inspection result shall be based only on the containers derived from the deviating portion of the pallet load, truck load or consignment, and further samples required for inspection shall be drawn from this deviating portion.
METHODS OF INSPECTION
Assessment of containers, packaging and presentation
15. An inspector shall visually examine the consignment and the sample from the consignment to determine if the containers, packaging and presentation comply with the prescribed requirements.
Verification of markings
16. An inspector shall visually examine the containers in the consignment and the sample from the consignment to verify compliance to the marking requirements by ;
(a) satisfying him or herself whether the containers are marked as prescribed; and
(b) checking the accuracy of the declarations during inspection.
Determination of deviations
17. (1) The extent to which fresh vegetables deviates from the prescribed quality factors as set out in Part II, shall be determined as follows:
(a) Remove the fresh vegetables entirely from the packaging.
(b) Examine each unit of fresh vegetables in the working sample visually or if necessary, by handling or cutting it.
(c) Determine with regard to each of the different quality factors, the number of units or the mass of the fresh vegetables in that working sample which deviates from the prescribed quality standards.
(d) Express the number of units or mass in respect of each quality factor thus determined, as a percentage of the total number of units or total mass of the fresh vegetables in that working sample, this percentage presents the degree to which the fresh vegetables with the deviation concerned are present in such working sample.
(2) The extent to which fresh vegetables deviates from the prescribed packing and sorting requirements set out in Part II, shall be determined as follows:
(a) Determine the number of units or mass of the fresh vegetables in that working sample which deviates from the packing and sorting requirements.
(b) Express the number of units or mass of the fresh vegetables thus determined, as a percentage of the total number of units or total mass of the vegetables in that working sample, this percentage represents the degree to which the fresh vegetables in such working sample deviates from the packing and sorting requirements. 

Reference of the measure

Regulations 2(1)(f); 12-17 

Measure also domestic

Yes 

Products affected by the measure.

Description

Fresh vegetables 

Countries/Regions affected by the measure.

Description

All countries