Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P69: Export technical measures, n.e.s. 

Date when the measure came into force

30 October 1998 

Publication where the measure is specified

Government Notice No. 2633 of 30 October 1998 

Regulation where the measure is specified

Standards And Requirements Regarding Control Of The Export Of Apples As Stipulated By Government Notice No. R. 1983 Of 23 August 1991 

Country/Region applying the measure

South Africa 

The rationale of the measure

These standards and requirements shall relate to apples in respect of which an approval for the export thereof is required in terms of section 4 of the Act. 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

QUALITY AND FOOD SAFETY STANDARDS
Classes
(1) There are three classes of apples, namely "Extra Class", "Class 1" and "Class 2".
Standards for classes
(2) (a) A consignment of apples shall be classified as Extra Class if it --
(i) is of superior quality;
(ii) is characteristic of the cultivar and/or commercial type with regard to shape, size and colour;
(iii) is of a cultivar specified in Table 1 of Annexure 1;
(iv) complies with the quality and food safety standards for Extra Class set out in Table 2 of Annexure 1; and
(v) does not exceed the maximum permissible deviations by number for Extra Class set out in Table 3 of Annexure 1.
(b) A consignment of apples shall be classified as Class 1 if it --
(i) is of good quality;
(ii) is characteristic of the cultivar and/or commercial type;
(iii) is of a cultivar specified in Table 1 of Annexure 1;
(iv) complies with the quality and food safety standards for Class 1 set out in Table 2 of Annexure 1; and
(v) does not exceed the maximum permissible deviations by number for Class 1 set out in Table 3 of Annexure 1.
(c) A consignment of apples shall be classified as Class 2 if it --
(i) is of a cultivar specified in Table 1 of Annexure 1;
(ii) complies with the quality and food safety standards for Class 2 set out in Table 2 of Annexure 1; and
(iii) does not exceed the maximum permissible deviations by number for Class 2 set out in Table 3 of Annexure 1.
(d) No consignment of apples shall be classified as "Extra Class", "Class 1" and "Class 2", if it contains:
(i) plant injurious organism of phytosanitary importance as specified by the Directorate Plant Health;
(ii) any organisms which may be a source of danger to the human being; and
(iii) Arthropoda infestation including the organism which do not form part of plant injurious organisms, excluding organisms which may be a source of danger to the human being, on more than 3% of the apples or three free running Arthropoda per pallet load thereof in the consignment: Provided that it does not exceed a maximum of one Arthropoda per container.
Physical hazards
(3) No consignment of apples classified as "Extra Class", "Class 1" or "Class 2" shall contain:
(a) any foreign matter in excess of the tolerance as set out in Table 3 of Annexure 1; and
(b) any organisms which may be a source of danger to the human being in excess of the tolerance as set out in Table 3 of Annexure 1.
Biological and chemical hazards
(4) No consignment of apples classified as "Extra Class", "Class 1" and "Class 2" shall contain biological or chemical contaminants in quantities or at levels that exceed the maximum limits prescribed in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972): Provided that --
(a) if the limit of the importing country is lower than is permissible in terms of Act 54 of 1972, the prescribed limit of the importing country shall be complied with; and
(b) the Executive Officer may warrant permission for apples with a higher limit, to be exported to countries where such higher limit is per-missible: Provided that the producer or exporter shall sign an affidavit in which it is declared that apples with higher limits shall only be exported to a country where these higher limits are permissible.
Chemical treatment
(5) (a) Any person intending to export apples during any particular season shall, before submitting the first consignment during that season for inspection, on request furnish the Executive Officer within 24 hours with a certificate certifying --
(i) which chemical remedies have been used during the spray program on the apple trees; and
(ii) which chemical remedies have been used on the apples as a post-harvest treatment.
(b) Subject to the provisions of subitem (a), the follow-on consignments of only the producer concerned whose apples exceed the maximum chemical residue limits, shall be held back from export for not more than four working days in order to establish if the apples complies with the prescribed residue limits: Provided that if two follow-on consign¬ments of the producer concerned, again comply with the prescribed residue limits, it shall not be held back from export any longer.

CONTAINERS
General
(6) (a) Containers, excluding bulk containers, in which apples are packed
shall --
(i) be clean, dry, undamaged and suitable;
(ii) not impart a foreign taste or odour or any substance which may be injurious to human health to the apples;
(iii) be free from any visible signs of fungus growth;
(iv) be free from Arthropoda infestation; and
(v) be strong and rigid enough to ensure that the original shape be retained and not bulge out, dent in, break or tear, to the extent that apples are damaged or are at risk of being damaged, during normal storage, handling or transport.
(b) Bulk containers in which apples are packed shall --
(i) be clean, dry, undamaged and suitable;
(ii) be free from any visible signs of fungus growth;
(iii) be free from Arthropoda infestation; and
(iv) be free from bark if manufactured from wood and shall comply with ISPM 15 requirements, no visual sign of infestation and the stamp shall be marked on two opposite sides, legible, permanent and registered.
(c) Containers (excluding cartons) that are re-used, shall be of a suitable material that can be cleaned and disinfected prior to re-use.

PACKING REQUIREMENTS
General
(7) (a) Only apples of the same quality, cultivar, ripeness and size (if sized) shall be packed in the same container. In case of mixed cultivars packed together they must be of the same quality, ripeness and size.
(b) Each container shall be packed firmly and to capacity.
(c) Apples shall be sized by diameter or weight.
(d) Extra Class apples shall be packed in layers.
(e) Only Class 1 and Class 2 apples may be packed in bulk containers.
(f) If apples are packed in prepacked units, such units shall be packed in a suitable manner in an outer container: Provided that the prepacked units are new, clean, dry, undamaged and suitable.

Packing material
(8) If packing material is used inside the containers, such packing material shall be new, clean, dry, odourless, not transmit to the apples any harmful substance or any substance that may be injurious to human health and of a quality such as to avoid causing any external or internal damage to the apples.
Stacking of containers on pallets
(9) If containers containing apples are palletised -
(i) the pallet shall be clean, undamaged and suitable and not transmit to the apples any harmful substance or any substance that may be injurious to human health;
(ii) the pallets shall comply with ISPM 15 requirements, no visual sign of infestation and the stamp shall be marked on two opposite sides, legible, permanent and registered;
(iii) pallets manufactured from wood shall be without bark;
(iv) the pallet shall be free from any visible signs of fungus growth;
(v) the pallet shall be free from Arthropoda infestation;
(vi) the containers shall be stacked firmly and square with each other and the pallet;
(vii) only containers of the same dimensions shall be stacked on the same layer; and
(viii) the containers shall not be stacked upside down on the pallet.
Strapping of pallet loads
(10) (a) A pallet load of containers shall be strapped in a suitable manner.
(b) If containers without lids are being used, a suitable covering shall be placed on top of the pallet load of containers before the pallet load is strapped.
Marking on pallets
(11) In the event of exporting apples with a smaller diameter as stipulated in Table 2 item 10(a)(ii), the export destination (target market) must be clearly marked on at least one (1) side of the pallet.

TRACEABILITY REQUIREMENTS
(11) Producers, packhouses and exporters shall:
(a) establish the traceability of apples at all stages of production, pro-cessing, packing, handling and distribution;
(b) be able to identify any person or supplier from whom they have been supplied with apples, or any substance intended to, or expected to be used in the production or processing of apples;
(c) have in place systems and procedures to identify other businesses to which their apples have been supplied;
(d) ensure that adequate procedures are in place to withdraw apples from the trade where such apples present a serious risk to the health of consumers;
(e) immediately withdraw apples from the trade which were identified as food products that present a serious risk to the health of consumers;
(f) immediately inform the Executive Officer of such withdrawal;
(g) immediately make available to the Executive Officer, on request, any relevant information or documentation mentioned in (a), (b), (c), (d), (e) or (f); and
(h) keep records of the information mentioned in (g), as well as any other relevant information for at least two years.

MARKING REQUIREMENTS
General
(12) (a) Each container containing apples shall be marked clearly, indelibly, legibly and not untidy, upside-down or askew, in block letters and numerals on 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:
(i) The expression "Apples". The colour indication "Red", "Green" and "Bicolour" is optional.
(ii) The appropriate cultivar/cultivars or variety/varieties.
(iii) 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 apples packed in layers; or
(bb) shall be replaced with the applicable minimum diameter followed by the expression "and over", in the case of Class 2 apples which are not sized;
or
(iv) The applicable minimum and maximum weight: Provided that it --
(aa) may be replaced with the applicable count, preceded by the expression "Count", in the case of apples packed in layers; or
(bb) shall be replaced with the applicable minimum weight followed by the expression "and over", in the case of Class 2 apples which are not sized.
(v) The expression "Extra Class", "Class 1", "Cat 1", "Category 1", "Class I", "Cat I", "Category I", "Class 2", "Cat 2", "Category 2", "Class II", "Cat II" or "Category II".
(vi) The country of origin: Provided that no abbreviations or the expression "South Africa" on its own shall be used (e.g. "Product of South Africa", "Produced in South Africa" or any other similar expression).
(vii) The name and physical or postal address of the producer, exporter, owner of the contents of the container.
(viii) The producer's code (PUC) or the packhouse code (PHC) which is registered with the Executive Officer by the producer, exporter or packhouse, as the case may be: Provided that --
(aa) if the producer has more than one farm, each farm shall be registered separately; and
(bb) such code shall be preceded by the expression "Pro-ducer"/"PUC", "Packhouse"/"PHC", "Pack", "Grower Code" or "Farm number".
(ix) The applicable packing date 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.
(b) Subject to the provisions of paragraph (a), each outer container con-taining prepacked units shall be marked with an indication of the total number of prepacked units per outer container.
(c) If the country to which the apples are exported, prescribes require-ments with regard to the marking of containers which differ from the aforesaid requirements, the containers containing such apples may, notwithstanding the provisions of these standards and requirements, be marked in a manner so prescribed and approved by the Executive Officer.
Prohibition of false or misleading description for products
(13) 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. 

Reference of the measure

Regulation 4(1)-(13) 

Measure also domestic

No 

Products affected by the measure.

Description

Apples 

Countries/Regions affected by the measure.

Description

All countries