Non-Tariff Barriers

Non-Tariff Measure

NTM classification

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

Date when the measure came into force

09 October 1998 

Publication where the measure is specified

Government No. 1266 of 9 October 1998 

Regulation where the measure is specified

Standards and Requirements Regarding Control of the Export of Table Grapes 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 table grapes 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
4. There shall be three classes of table grapes namely "Extra Class", "Class 1" and "Class 2".
Standards for classes
5. (1) A consignment of table grapes shall be classified as Extra Class if it --
(a) is of superior quality;
(b) is characteristic of the cultivar and/or commercial type with regard to shape, development and colour;
(c) is of a cultivar specified in Table 1 of Annexure 1;
(d) complies with the quality and food safety standards for Extra Class set out in Table 2 of Annexure 1;
(e) complies with the applicable berry size for Extra Class set out in Table 1 of Annexure 1;
(f) complies with the maturity indices for Extra Class set out in Table 3 of Annexure 1; and
(g) does not exceed the maximum permissible deviations for Extra Class set out in Tables 4 and 5 of Annexure 1: Provided that tolerances shall be increased or decreased accordingly in the case of containers that contain more or less than 2,6 kg to 5 kg table grapes.
(2) A consignment of table grapes shall be classified as Class 1 if it --
(a) is of good quality;
(b) is characteristic of the cultivar and/or commercial type;
(c) is of a cultivar specified in Table 1 of Annexure 1;
(d) complies with the quality and food safety standards for Class 1 set out in Table 2 of Annexure 1;
(e) complies with the applicable berry size for Class 1 set out in Table 1 of Annexure 1;
(f) complies with the maturity indices for Class 1 set out in Table 3 of Annexure 1; and
(g) does not exceed the maximum permissible deviations for Class 1 set out in Tables 4 and 5 of Annexure 1: Provided that tolerances shall be increased or decreased accordingly in the case of con-tainers that contain more or less than 2,6 kg to 5 kg table grapes.
(3) A consignment of table grapes shall be classified as Class 2 if it --
(a) is of a cultivar specified in Table 1 of Annexure 1;
(b) complies with the quality and food safety standards for Class 2 set out in Table 2 of Annexure 1;
(c) complies with the maturity indices for Class 2 set out in Table 3 of Annexure 1;
(d) complies with the applicable berry size for Class 2 set out in Table 1 of Annexure 1; and
(e) does not exceed the maximum permissible deviations for Class 2 set out in Tables 4 and 5 of Annexure 1: Provided that tolerances shall be increased or decreased accordingly in the case of con-tainers that contain more or less than 2,6 kg to 5 kg table grapes.
Physical hazards
6. No consignment of Table grapes classified as "Extra Class", "Class 1" or "Class 2" shall contain:
(a) any foreign matter in excess of the tolerance as set out in Tables 4 and 5 of Annexure 1;
(b) any organisms which may be a source of danger to the human being in excess of the tolerance as set out in Table 4 of Annexure 1.
Biological and chemical hazards
7. No consignment of table grapes 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 table grapes with a higher limit, to be exported to countries where such higher limit is permissible: Provided that the producer or exporter shall sign an affidavit in which it is declared that table grapes with higher limits shall only be exported to a country where these higher limits are permissible.
Chemical treatment
8. (a) Any person intending to export table grapes 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 vineyards;
(ii) which chemical remedies have been used on the table grapes as a post-harvest treatment; and
(b) Subject to the provisions of subitems (a), the follow-on consignments of only the producer concerned whose table grapes 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 table grapes complies with the prescribed residue limits: Provided that if two follow-on con¬signments of the producer concerned, again comply with the prescribed residue limits, it shall not be held back from export any longer.

CONTAINERS
General
9. Containers in which table grapes are packed shall --
(a) be clean, dry, undamaged and suitable;
(b) not impart a foreign taste or odour or any substance which may be inju-rious to human health to the table grapes;
(c) be free from any visible signs of fungus growth;
(d) be free from Arthropoda infestation; and
(e) 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 table grapes are damaged or are at risk of being damaged, during normal storage, handling or transport.
(f) 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
10. (1) Only table grapes of the same quality, cultivar and ripeness shall be packed together in the same container.
(2) Extra Class bunches in the same container shall be more or less uniform in size.
(3) Each container shall be packed firmly and to capacity.
(4) Extra Class table grapes shall be packed in single layers.
(5) If table grapes are packed in prepacked units, such units shall be packed in a suitable manner in an outer container: Provided that the prepacked units are clean, dry, undamaged and suitable.
Packing Material
11. (1) If packing material are used inside the containers, such packing material shall be clean, dry, odourless, not transmit to the table grapes any harmful sub¬stance 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 table grapes.
(2) Table grapes may be labelled with a suitable label.
Stacking of containers on pallets
12. If containers of table grapes are palletised --
(a) the pallet shall be clean, undamaged and suitable and not transmit to the table grapes any harmful substance or any substance that may be injurious to the human health;
(b) the pallets shall comply with ISPM 15 requirements, no visual sign of infestation and the stamp shall be marked in two opposite sides, legible, permanent and registered;
(c) pallets manufactured from wood shall be without bark;
(d) the pallet shall be free from any visible signs of fungus growth;
(e) the pallet shall be free from Arthropoda infestation;
(f) the containers shall be stacked firmly and square with each other and the pallet;
(g) only containers of the same dimensions shall be stacked in the same layer on the pallet; and
(h) the containers shall not be stacked upside-down on the pallet.
Strapping of pallet loads
13. (1) A pallet load of containers shall be strapped in a suitable manner.
(2) 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.

TRACEABILITY REQUIREMENTS
14. Producers, packhouses and exporters shall:
(a) establish the traceability of table grapes at all stages of production, processing, packing, handling and distribution;
(b) be able to identify any person or supplier from whom they have been supplied with table grapes, or any substance intended to, or expec¬ted to be used in the production or processing of table grapes;
(c) have in place systems and procedures to identify other businesses to which their table grapes have been supplied;
(d) ensure that adequate procedures are in place to withdraw table grapes from the market where such table grapes present a serious risk to the health of consumers;
(e) immediately withdraw table grapes which were identified as food pro¬ducts 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
15. (1) Each container containing table grapes, 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:
(a) The expression "Grapes" or "Table grapes".
(b) The appropriate cultivar or variety.
(c) The expression "Extra Class", "Class 1", "Class 2", "Class I", "Class II", "Category I", "Category II", "Category 1", "Category 2", "Cat I", "Cat II", "Cat 1", "Cat 2", as the case may be.
(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.
(dd) in the case of table grapes destined to the Far East the expression "Jumbo" may be indicated, where permissible.
(e) The country of origin: Provided that no abbreviations or the expres¬sion "South Africa" on its own shall be used (e.g. "Products of South Africa", "Produced in South Africa", or any other similar expression).
(f) The name and physical or postal address of the producer, exporter or owner of the contents of the container, as the case may be.
(g) The producers' code (PUC) or 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 a 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".
(h) The packing date: The applicable date on at least 90% of the con-tainers: Provided that if the packing date is expressed in a code, such code shall be registered and approved by the Executive Officer.
(i) Cartons containing grapes that exceed the standards and tolerance for blush as indicated in Table 3 of Annexure 3, must be marked with the expression "Blushed".
(j) Cartons must be marked with an indication of nett mass of the contents in the container.
(2) Subject to the provisions of subitem (1), each outer container containing prepacked units shall be marked with an indication of the total number of prepacked units per outer container.
(3) If an indication highlighting a special grading, presentation or berry size is indicated on the same side as the particulars in subitem (1), such special grading may only be a trademark or registered trademark (®, TM).
(4) If the country to which the table grapes are exported, prescribes require-ments with regard to the marking of containers which differ from the aforesaid require-ments, the containers containing such table grapes may, notwithstanding the provisions of these standards and requirements, be marked in a manner so prescribed and approved by the Executive Officer.
Prohibited particulars
16. No wording, illustration or other means of expression which constitutes a misre-presentation or which directly or by implication, creates a misleading impression of the contents, shall appear on a container which contains table grapes. 

Reference of the measure

Regulations 4-16 

Measure also domestic

No 

Products affected by the measure.

Description

Table grapes 

Countries/Regions affected by the measure.

Description

All countries