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 No. No. 2632 Of 30 October 1998 
Regulation where the measure is specified
Standards And Requirements Regarding Control Of The Export Of Plums And Prunes 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 plums/prunes 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 are three classes of plums/prunes, namely "Extra Class", "Class 1" and "Class 2".
Standards for classes
5. (1) A consignment of plums/prunes shall be classified as Extra Class if it --
(a) is of superior quality;
(b) is characteristic of the cultivar/variety and/or commercial type with regard to shape, development and colour;
(c) is of a cultivar/variety specified in Table 1 of Annexure 1;
(d) complies with the quality and food safety standards set out in Table 2 of Annexure 1; and
(e) does not exceed the maximum permissible deviations by number for Extra Class set out in Table 3 of Annexure 1.
(f) complies with the ripeness standards for plums/prunes set out in Table 1 of Annexure 1.
(2) A consignment of plums/prunes shall be classified as Class 1 if it --
(a) is of good quality;
(b) is characteristic of the cultivar/variety and/or commercial type;
(c) is of a cultivar/variety 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) does not exceed the maximum permissible deviations by number of Class 1 set out in Table 3 of Annexure 1;
(f) complies with the ripeness standards for plums/prunes set out in Table 1 of Annexure 1;
(3) A consignment of plums/prunes shall be classified as Class 2 if it --
(a) is of a cultivar/variety specified in Table 1 of Annexure 1;
(b) complies with the quality standards for Class 2 set out in Table 2 of Annexure 1;
(c) does not exceed the maximum permissible deviations by number of Class 2 set out in Table 3 of Annexure 1;
(d) complies with the ripeness standards for plums/prunes set out in Table 1 of Annexure 1.
(4) No consignment of plums/prunes classified as "Extra Class", "Class 1" and "Class 2" shall contain --
(a) plant injurious organisms of phytosanitary importance as specified by the Directorate Plant Health;
(b) any organisms which may be a source of danger to the human being; and
(c) Arthropoda infestation including the organisms 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 plums/prunes or three free running Arthropoda per pallet load or part thereof in the consignment: Provided that it does not exceed a maximum of one Arthropoda per container.
Physical hazards
6. No consignment of plums/prunes classified as "Extra Class", "Class 1" and "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 item 5(4).
Biological and chemical hazards
7. No consignment of plums/prunes classified as "Extra Class", "Class 1" or "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 plums/prunes 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 plums/prunes 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 plums/prunes 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 plums/prunes trees; and
(ii) which chemical remedies have been used on the plums/prunes as a post-harvest treatment.
(b) Subject to the provisions of subitems (a), the follow-on consignments of only the producer concerned whose plums/prunes exceeded the maximum chemical residue limits, shall be held back from export for not more than four working days in order to establish if the plums/prunes complies with the prescribed residue limits: Provided that if two follow-on the consignments 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 plums/prunes are packed shall --
(a) be clean, dry, undamaged and suitable;
(b) not impart a foreign taste, odour or any substance which may be injurious to human health or to the plums/prunes;
(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 plums/prunes are damaged or are at risk of being damaged, during normal storage, handling or transport.

PACKING REQUIREMENTS
General
10. (1) Only plums/prunes of the same quality, cultivar/variety, ripeness and size shall be packed together in the same container.
(2) Extra Class plums/prunes in the same container must be uniform in colour.
(3) Each container shall be packed firmly and to capacity.
(4) Plums/prunes shall be sized.
(5) Extra Class plums/prunes shall be packed to a suitable pattern or diagonally in trays one to three layers.
(6) If plums/prunes 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
11. If packing material is used inside the containers, such packing material shall be new, clean, dry, odourless and not transmit to the plums/prunes 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 plums/prunes.
Stacking of containers on pallets
12. If containers containing plums/prunes are palletised --
(a) the pallet shall be clean, undamaged and suitable;
(b) the pallets shall comply with ISPM 15 requirements, no visual sign of infestation and the stamp shall be marked on two opposite sides, be 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 plums/prunes 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 plums/prunes, or any substance intended to, or expected to be used in the production or processing of plums/prunes;
(c) have in place systems and procedures to identify other businesses to which their plums/prunes have been supplied;
(d) ensure that adequate procedures are in place to withdraw plums/prunes from the market where such plums/prunes present a serious risk to the health of consumers;
(e) immediately withdraw plums/prunes 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
15. (1) Each container containing plums/prunes 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 "Plums", "Prunes", "Interspecific Plums", as the case may be.
(b) The appropriate cultivar/variety, where applicable.
(c) The expression "Extra Class", "Class 1", "Class I", "Cat 1", "Cat I", "Category 1", "Category I", or "Class 2", "Class II", "Cat 2", "Cat II", "Category 2", "Category II", as the case may be.
(d) The country of origin: Provided that no abbreviations or the expres-sion "South Africa" on its own shall be used (e.g. "Product of South Africa", "Produced in South Africa", or any other similar expression.)
(e) The name and physical or postal address of the producer, expor¬ter or owner of the contents of container.
(f) The producers' 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 --
(i) if a producer has more than one farm, each farm shall be registered separately; and
(ii) such code shall be preceded by the expression "Producer", "Packhouse", "Packer", "PUC", "PHC", "Farm number" or "Grower Code".
(g) The applicable minimum and maximum diameter.
(h) 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.
(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: Provided that if the total number of prepacked units are visible from the outside, it does not have to be indicated on the outer container.
(3) If the country to which the plums/prunes are exported, prescribes require-ments with regard to the marking of containers which differ from the aforesaid require-ments, the containers containing such plums/prunes may, notwithstanding the pro¬visions of these standards and requirements, be marked in a manner so prescribed and approved by the Executive Officer.
Prohibited particulars
16. 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
Regulations 4-16 
Measure also domestic
No 

Products affected by the measure.

Code Product Partial coverage Partial coverage indication Date in Date out
0809.40 - Plums and sloes Yes Plums and prunes    
2006.00.90 - Other Yes Plums and prunes    
2008.99.90 --- Other Yes Plums and prunes    
Description
Plums and prunes 

Countries/Regions affected by the measure.

Inclusion/Exclusion Country Date in Date out
Inclusion Entire world    
Description
All countries