Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

27 May 2016 

Publication where the measure is specified

Government Gazette No. 40014, 27 May 2016 

Regulation where the measure is specified

Regulations Relating To The Grading, Packing And Marking Of Pears Destined 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 pears in the Republic of South Africa, other than imported pears referred to in subregulation (3) --
(e) unless such pears are marked with the particulars and in the manner prescribed in regulation 11.
MARKING REQUIREMENTS FOR PEARS
General
11. (1) Each container containing pears, shall be marked clearly, indelibly, legibly and not untidy, upside-down or askew in any 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 “Pears”.
(b) The appropriate cultivar/variety;
(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 pears packed in layers; or
(bb) shall be replaced with the applicable minimum diameter, in the case of Class 2 or Lowest Class pears which are not sized.
(d) The class namely “Class 1” or “Class 2” as the case may be.
(e) The name, physical address and the contact of the producer or owner of the contents of the container
(f) The country of origin. Provided that no abbreviations or the expression "South Africa" on its own shall be used (e.g. "Produce of South Africa", "Produced in South Africa", or any other similar expression).
(g) Indication of date code/date on containers 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 and bulk 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 are visible from the outside, it does not have to be indicated on the outer container.
(3) Prohibition of false or misleading description for products- No person shall use any name, word, expression, reference, particulars or indication in any manner, either by itself or in conjunction with any other verbal, written, printed, illustrated or visual material, in connection with the sale of a product in a manner that conveys or creates or is likely to convey or create a false or misleading impression as to the nature, substance, quality or other properties, or the class or grade, origin, identity or manner or place of production, of that product shall be indicated on the same side as the particulars in subitem (1).
(4) If pears are displayed for sale in loose quantities—
(a) any quantity of a particular class, size group or cultivar shall not be displayed mixed with pears of any other class, size group or cultivar; and
(b) if imported, the country of origin of the pears shall be indicated in clear, legible block letters on a notice board placed at the quantity of pears.
Prohibited particulars
12. No wording, illustration or other means of expression which constitutes a misrepresentation or which directly or by implication, create a misleading impression of the contents, shall appear on a container which contains pears.
Display
13. (1) If pears 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 pears 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 pears of any other class, size group or cultivar; and
(b) the class and cultivar of such quantity of pears 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 pears. 

Reference of the measure

Regulations 2(1)(e) and 11-13 

Measure also domestic

Yes 

Products affected by the measure.

Description

Pears 

Countries/Regions affected by the measure.

Description

All countries