Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

03 October 2014 

Publication where the measure is specified

Government Gazette No. 38033, 3 October 2014 

Regulation where the measure is specified

Regulations Relating To The Quality, Grading, Packing And Marking Of Tomatoes 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 tomatoes, other than imported tomatoes referred to in subregulation (2), --
(iv) unless the tomatoes are marked with the particulars and in the manner prescribed in regulation 10.
Marking requirements
10. (1) Containers containing tomatoes destined for sale shall be marked in clear and legible block letters and numerals in a manner described in subregulation (5) with the following particulars:
(a) The name of the FBO or trademark and physical or postal address of either the producer or owner or importer or packer of the tomatoes packed in that container.
(b) The expression "Product of followed by the name of the country of origin of the tomatoes.
(c) The class, in the case of Class 1, Class 2, Class 3 and Lowest Class: Provided that additional to the class names the following names may be used:
Class 1 - First,
Class 2 - Select,
Class 3 - Standard,
Lowest Class - Budget.
(d) The size group of the tomatoes in the container, indicated as either minimum diameter and maximum diameter or as --
"Extra Large" or "XL",
"Large" or "L",
"Medium Plus" or "M+",
"Medium" or "M",
"Medium small" or MS
"Small" or "S" and Baby or Mini tomatoes: Provided that the size group indication may be omitted in the case of speciality types of tomatoes and tomatoes packed in the transparent plastic bags and punnets.
(e) The net mass of the contents as prescribed by the Trade Metrology Act, 1973 (Act No. 77 of 1973).
(f) The word "tomatoes", in the case of containers the contents of which are not visible from outside.
(2) If containers containing tomatoes are packed in a carrier container, each carrier container shall be marked with the particulars in subregulation (1), as well as with the number of containers it contains, on at least one end of every carrier container by means of stamping or stenciling or by pasting a printed label thereon.
(3) The particulars prescribed in subregulation (1) shall be indicated on the container by stamping, printing or by affixing a label thereon.
(4) Particulars shall be printed in English or both in English and any other official language:
Provided that internationally acknowledged symbols may be used.
(5) 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.
(6) Each container containing tomatoes shall be provided with only one or more labels that shall be -
(a) intact, clean and neat;
(b) manufactured from paper or other 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.
If classified tomatoes are displayed for sale in loose quantities -
(a) any quantity of a particular class, size group or cultivar shall not be displayed mixed with tomatoes of any other class, size group or cultivar;
(b) the class, size group and country of origin of the tomatoes shall be indicated in clear, legible block letters of at least 10mm on a notice board prominently placed at the quantity of tomatoes.
(8) Containers containing unclassified tomatoes shall be marked in clear and legible block
letters and also comply with subregulations 10(1)(a), (b), (e),and (f) and subregulations 10(2), (3), (4) and
(6).
Prohibited particulars
11. No wording, illustration or other device of expression which constitutes a misrepresentation or which directly or by implication can create a misleading impression of the contents shall appear on a container containing tomatoes or on a label affixed thereto or which is displayed therewith. 

Reference of the measure

Regulations 2(1)(iv) and 10-11 

Measure also domestic

Yes 

Products affected by the measure.

Description

Tomatoes 

Countries/Regions affected by the measure.

Description

All countries