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 Table Grapes 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 persons shall sell table grapes in the Republic of South Africa other than imported table grapes referred to in subregulation (3) –
(d) unless such table grapes are contained in containers marked in accordance with the marking requirements as set out in regulations 10 and 11;
MARKING REQUIREMENTS FOR TABLE GRAPES
10. (1) Each container containing table grapes, 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 "Grapes" or "Table grapes".
(b) The appropriate cultivar or variety.
(c) The appropriate Class in accordance with regulation.
(d) The berry size diameter reference as set out in Table 1 of Annexure 1 preceded by the expression "Berry size": Provided that –
(aa) If the grapes are of a "Regular" berry size, the indication of the expression "Regular" is mandatory;
(bb) the indication of the expressions "XX Large" or "XXL", "X Large" or "XL", "L" or "Large", is optional, if not indicated it must comply to large berry size;
(cc) If the expressions "XX Large" or "XXL", "X Large" or "XL", "L" or "Large" are indicated, the berry size must conform to the minimum berry sizes as set out in Table 1.
(e) 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).
(f) The name, physical address and the contact of the producer or owner of the contents of the container.
(g) Cartons for “Class 1” and “Class 2” shall be marked with an indication of nett mass of the contents in the container.
(h) The applicable date or packing date code on at least 90 per cent of the containers: Provided that if the packing date is expressed in a code, it shall be registered with the Executive Officer.
(2) Table grapes meant for open display (without being packed in a container) at either retailer, supermarket etc no class indication is needed.
(3) Subject to the provisions of subregulation (1), each outer container containing prepacked units shall be marked with an indication of the total number of prepacked units per outer container.
(4) If an indication highlighting a special grading, presentation or berry size is indicated on the same side as the particulars in subregulation (1), such special grading may only be a trademark or registered trademark (®, TM).
Prohibited particulars
11. 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). 

Reference of the measure

Regulations 2(1)(d) and 10-11 

Measure also domestic

Yes 

Products affected by the measure.

Description

Table grapes 

Countries/Regions affected by the measure.

Description

All countries