Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

13 June 2015 

Publication where the measure is specified

Government Gazette No. 38546, 13 March 2015 

Regulation where the measure is specified

Regulations Relating To The Grading, Packing And Marking Of Onions And Shallots 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 onions or shallots in the Republic of South Africa-
(d) unless such onions or shallots are marked with the particulars and in the manner as prescribed in regulations 9, 10 and 11.
MARKING REQUIREMENTS
9. (1) Each container of onions or shallots destined for sale shall be marked clearly, legible, indelibly and not untidy, or askew by printing, stamping or by means of specially designed labels described in sub regulation (4) with the following particulars:
(a) The name or trademark and physical or postal address of either the producer or owner or importer or packer of the onions or shallots packed in that container.
(b) The expression "Class 1", "Class 2", "Class 3" and "Lowest Class", as the case may be.
(c) The expression "produce/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).
(d) In the case of Class 1 and Class 2, the size group namely "Extra Large", "Large", "Medium", "Small" or "Pickles" as the case may be.
(e) The net mass of the contents as prescribed in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973).
(f) The name onions or shallots in the case of containers where the contents of which are not visible from outside.
(2) The particulars prescribed in sub regulation (1) shall be indicated on the container by stamping, printing or by affixing a label thereon.
(3) 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 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.
(4) Each container containing onions or shallots shall be provided with one or more labels that shall be-
(a) intact, clean and neat;
(b) manufactured from suitable material; and
(c) affixed firmly to the container and in such a manner that re-stamping is possible without opening or damaging the container.
Display
10. Wherever onions or shallots are displayed for sale in loose quantities-
(a) any quantity of a particular class, or a particular size group or cultivar shall not be displayed mixed with onions or shallots of any other class, size group or cultivar; and
(b) adherence to the marking requirements is optional: Provided that if marked, the class, and in the case of Class 1 and Class 2 also the size group of such quantity of onions or shallots, 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 onions or shallots.
Prohibited particulars
11. 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, or of the quality or the class thereof shall appear on a container containing onions or shallots or on a label attached thereto. 

Reference of the measure

Regulations 2(1)(d) and 9-11 

Measure also domestic

Yes 

Products affected by the measure.

Description

Onions and shallots 

Countries/Regions affected by the measure.

Description

All countries