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 Notice No. 1265 of 9 October 1998 

Regulation where the measure is specified

Standards And Requirements Regarding Control Of The Export Of Peaches And Nectarines 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 peaches or nectarines 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(1) There are three classes of peaches or nectarines, namely "Extra Class", "Class 1" and "Class 2".
Standards for classes
(2) A consignment of peaches or nectarines 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;
(e) complies with the maturity indices for Extra Class set out in Table 1 of Annexure 1;
(f) does not exceed the maximum permissible deviations by number for Extra Class set out in Table 3 of Annexure 1; and
(g) complies with the diameter groups and diameter codes set out in Table 4 of Annexure 1.
(3) A consignment of peaches or nectarines 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) complies with the maturity indices for Class 1 set out in Table 1 of Annexure 1;
(f) does not exceed the maximum permissible deviations by number for Class 1 set out in Table 3 of Annexure 1; and
(g) complies with the diameter groups and diameter codes set out in Table 4 of Annexure 1.
(4) A consignment of peaches or nectarines 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) complies with the maturity indices for Class 2 set out in Table 1 of Annexure 1;
(d) does not exceed the maximum permissible deviations by number for Class 2 set out in Table 3 of Annexure 1; and
(e) complies with the diameter groups and diameter codes set out in Table 4 of Annexure 1.
(5) No consignment of peaches and nectarines 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 peaches and nectarines or three free running Arthropoda per pallet load or part thereof in the consignment: Provided that it does not exceed a maximum of one Arthro¬poda per container.
Physical hazards
5. No consignment of peaches and nectarines 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 2 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 4(5).
Biological and chemical hazards
6. No consignment of peaches and nectarines 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 peaches and nectarines 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 peaches and nectarines with higher limits shall only be exported to a country where these higher limits are permissible.
Chemical treatment
7. (a) Any person intending to export peaches and nectarines 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 peaches and nectarine trees; and
(ii) which chemical remedies have been used on the peaches and nectarines as a post-harvest treatment.
(b) Subject to the provisions of subitems (a), the follow-on consignments of only the producer concerned whose peaches and nectarines 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 peaches and nectarines complies with the prescribed residue limits: Provided that if two follow-on consignments of the producer concerned, again comply with the prescribed residue limits, it shall not be held back from export any longer.

CONTAINERS
General
8. Containers in which peaches and nectarines 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 to the peaches or nectarines;
(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 the peaches or nectarines are damaged or are at risk of being damaged, during normal storage, handling or transport.

PACKING REQUIREMENTS
General
9. (a) Only peaches or nectarines of the same quality, cultivar/variety, ripeness, size and colour shall be packed together in the same container.
(b) Extra Class peaches and nectarines in the same container must be uniform in colour.
(c) Each container shall be packed firmly and to capacity.
(d) Peaches and nectarines shall be packed to a suitable pattern or diagonally.
(e) (i) Extra Class peaches and nectarines shall only be packed in single layers: Provided that such peaches or nectarines shall not touch each other.
(ii) Class 1 and Class 2 peaches and nectarines may be packed in one to four layers: Provided that if up to four layers of peaches or nectarines are packed, such peaches or nectarines shall be packed on trays.
(iii) Class 1 and Class 2 peaches and nectarines may be packed in layers in a jumble container: Provided that a suitable material is used for demarcating layers.
(f) All peaches and nectarines shall be sized accordingly to the diameter groups and diameter codes set out in Table 5 of Annexure 1.
(g) If peaches or nectarines 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
10. If packing material is used inside the containers, such packing material shall be new, clean, dry, odourless, not transmit to the peaches or nectarines 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 peaches or nectarines.
Stacking of containers on pallets
11. If containers containing peaches or nectarines are palletised --
(a) the pallet shall be clean, undamaged and suitable;
(b) the pallet 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 fungal 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
12. (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.

TRACEABILITY REQUIREMENTS
13. Producers, packhouses and exporters shall:
(a) establish the traceability of peaches and nectarines 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 peaches and nectarines, or any substance intended to, or expected to be used in the production or processing of peaches and nectarines;
(c) have in place systems and procedures to identify other businesses to which their peaches and nectarines have been supplied;
(d) ensure that adequate procedures are in place to withdraw peaches and nectarines from the market where such peaches and nectarines present a serious risk to the health of consumers;
(e) immediately withdraw peaches and nectarines 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
14. (1) Each container containing peaches or nectarines 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 "Peaches" or "Nectarines" as the case may be.
(b) The appropriate cultivar/variety.
(c) The colour of the flesh.
(d) 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.
(e) 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).
(f) The name and physical or postal address of the producer, exporter or owner of the contents of container.

(g) 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".
(h) The applicable diameter group and/or diameter code set out in Table 4 of Annexure 1.
(i) 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 an indication highlighting a special grading, presentation or size is indicated on the same side as the particulars in subitem (1), it shall not be used with the expression "Peaches" or "Nectarines", the cultivar/variety name or the class indication.
(4) If the country to which the peaches or nectarines are exported, prescribes requirements with regard to the marking of containers which differ from the aforesaid requirements, the containers containing such peaches or nectarines may, notwithstanding the provisions of these standards and requirements, be marked in a manner so prescribed and approved by the Executive Officer.
Prohibited particulars
15. 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 peaches or nectarines. 

Reference of the measure

Regulations 4-15 

Measure also domestic

Yes 

Products affected by the measure.

Description

Peaches and nectarines 

Countries/Regions affected by the measure.

Description

All countries