Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B7: Product quality, safety or performance requirements 

Date when the measure came into force

25 July 2003 

Publication where the measure is specified

Serial No. 791 Of 25 July 2003 

Regulation where the measure is specified

Consolidation Of The Regulations Relating To The Grading, Packing And Marking Of 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;
[Amended by Government Notice No. R. 1210 of 29 August 2003]
(b) unless the wheat complies with the standards for the classes set out in regulation 4;
[Amended by Government Notice No. R. 1210 of 29 August 2003]
(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) Class Bread Wheat;
(b) Class Biscuit Wheat;
(c) Class Durum Wheat; and
(d) Class Other Wheat.
[Amended by Government Notice No. R. 1210 of 29 August 2003]
Standards for classes
[Amended by Government Notice No. R. 1210 of 29 August 2003]
4. (1) Notwithstanding the provisions of subregulations (2), (3), (4) and (5), all consignments of wheat must --
(a) be free from any toxin, chemical or other substances that renders it unsuitable for commercial purposes: Provided that not more than 10 microgram per kilogram aflatoxin, of which not more than 5 microgram per kilogram will be aflatoxin B1, is permissible;
(b) contain not more noxious seeds or ergot sclerotia than permitted in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
(c) be free from organisms of phytosanitary importance as determined in terms of the Agricultural Pest Act, 1983 (Act No. 36 of 1983);
(d) be free from mould infected, sour and rancid other grain, foreign matter and any other matter;
(e) be free from any odour, taste or colour not typical of undamaged and sound wheat;
(f) with the exception of Class Other Wheat, be free from insects;
(g) with the exception of Class Other Wheat, be free from stinking smut infection; and
(h) with the exception of Class Other Wheat, have a moisture content not exceeding 13 per cent.
[Amended by Government Notice No. R. 876 of 14 September 2001]
(2) A consignment of wheat shall be classified as Class Bread Wheat if --
(a) it consists of at least 95 per cent (m/m) of one or more of the bread wheat cultivars specified in the cultivar list; and
(b) it complies with the standards for Grade 1, Grade 2, Grade 3, Grade 4 or Utility Grade set out in regulation 6.
[Amended by Government Notice No. R. 1210 of 29 August 2003]
(3) A consignment of wheat shall be classified as Class Biscuit Wheat if --
(a) it consists of at least 95 per cent (m/m) of one or more of the biscuit wheat cultivars specified in the cultivar list; and
(b) it complies with the standards for Grade 1 or Grade 2 set out in regulation 6.
(4) A consignment of wheat shall be classified as Class Durum Wheat if --
(a) it consists of at least 95 per cent (m/m) of one or more of the durum wheat cultivars specified in the cultivar list; and
(b) it complies with the standards for Super Grade, Grade 1 or Grade 2 set out in regulation 6.
(5) A consignment of wheat shall be classified as Class Other Wheat if it does not comply with the standards for Class Bread Wheat, Class Biscuit Wheat or Class Durum Wheat.
Grades of wheat
5. (1) The grades for the different classes of wheat shall be as follows:
(a) Class Bread Wheat --
(i) Grade 1;
(ii) Grade 2;
(iii) Grade 3;
(iv) Grade 4; and
(v) Utility Grade.
[Amended by Government Notice No. R. 1210 of 29 August 2003]
(b) Class Biscuit Wheat --
(i) Grade 1; and
(ii) Grade 2.
(c) Class Durum Wheat --
(i) Super Grade;
(ii) Grade 1; and
(iii) Grade 2.
(2) No grades are determined for Class Other Wheat.
Standards for grades of wheat
6. (1) Subject to the provisions of subregulations (2), (3) and (4), a consignment of wheat shall be graded as --
(a) Super Grade, in the case of durum wheat, 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 1 if the nature of deviation, specified in column 1 of Table 1 of the An-nexure, in that consignment does not exceed the percentage specified in column 3 of the said table opposite the deviation concerned;
(c) Grade 2 if the nature of deviation, specified in column 1 of Table 1 of the An-nexure, in that consignment does not exceed the percentage specified in column 4 of the said table opposite the deviation concerned;
(d) 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 5 of the said table opposite the deviation concerned;
(e) Grade 4 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 6 of the said table opposite the deviation concerned; and
(f) Utility Grade 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 7 of the said table opposite the deviation concerned.
[Amended by Government Notice No. R. 1210 of 29 August 2003]
(2) (a) The minimum hectoliter masses for the different grades, in the case of Class Bread Wheat, are as follows:
(i) Grade 1 - 77 kg;
(ii) Grade 2 - 76 kg;
(iii) Grade 3 - 74 kg;
(iv) Grade 4 - 72 kg; and
(v) Utility Grade - 70 kg.
[Amended by Government Notice No. R. 1210 of 29 August 2003]
(b) The minimum hectolitre masses for different grades in the case of Class Durum Wheat and Class Biscuit Wheat are as follows:
(i) Super Grade - 79 kg;
(ii) Grade 1 - 76 kg; and
(iii) Grade 2 - 74 kg.
[Amended by Government Notice No. R. 1210 of 29 August 2003]
(3) (a) Grade 1, Grade 2 and Grade 3 shall, in the case of Class Bread Wheat and Super Grade, Grade 1 and Grade 2, in the case of Class Durum Wheat, have a minimum falling number value of not less than 250 seconds;
(b) Grade 4 shall, in the case of Class Bread Wheat, have a minimum falling number value of not less than 200 seconds.
(c) Utility Grade shall, in the case of Class Bread Wheat, have a minimum falling number value of not less than 150 seconds.
(d) 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 Super Grade, in the case of durum wheat, Grade 1, Grade 2 and Grade 3, as the case may be.
[Amended by Government Notice No. R. 1210 of 29 August 2003]
(4) Class Durum Wheat shall --
(a) in the case of Super Grade, contain --
(i) a minimum of 14 per cent (on a 12 per cent moisture basis) protein; and
(ii) a minimum of 90 per cent amber glossy and flinty kernels;
(b) in the case of Grade 1, contain --
(i) a minimum of 13 per cent (on a 12 per cent moisture basis) protein; and
(ii) a minimum of 80 per cent amber glossy and flinty kernels; and
(c) in the case of Grade 2, contain --
(i) a minimum of 12 per cent (on a 12 per cent moisture basis) protein; and
(ii) a minimum of 70 per cent amber glossy and flinty kernels.
(5) The minimum protein content (on a 12 per cent moisture basis) for the different grades, in the case of Class Bread Wheat, shall be as follows:
(a) Grade 1 - 12 per cent;
(b) Grade 2 - 11 per cent;
(c) Grade 3 - 10 per cent;
(d) Grade 4 - 9 per cent; and
(e) Utility Grade - 8 per cent.
[Amended by Government Notice No. R. 1210 of 29 August 2003] 

Reference of the measure

Regulations 2(1)(a)-(c) and 3-6 

Measure also domestic

Yes 

Products affected by the measure.

Description

Wheat 

Countries/Regions affected by the measure.

Description

All countries