Non-Tariff Barriers

Non-Tariff Measure

NTM classification

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

Date when the measure came into force

24 March 1995 

Publication where the measure is specified

Government Notice No. 225 of 24 March 1995 

Regulation where the measure is specified

Standards and Requirements Regarding Control of The Export of Litchis 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 litchis 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
Class
4. There shall be one class of litchis namely "Class 1".
Standards for the class
5. (1) A consignment of litchis shall be classified as Class 1 if it --
(a) is of good quality;
(b) is well-developed and 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 set out in Table 2 of Annexure 1; and
(e) does not exceed the maximum permissible deviations by number set out in Table 3 of Annexure 1.
(2) No consignment of litchis classified as "Class 1" shall contain --
(a) plant injurious organisms (dead or alive) of phytosanitary importance as specified by the Directorate: Plant Health;
(b) organisms (dead or alive) which may be a source of danger to the human being; and
(c) Arthropod infestation (dead or alive) 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 litchis or three free running Arthropods per pallet load or part thereof in the consignment: Provided that it does not exceed a maximum of one Arthropod per container.
Physical hazards
6. No consignment of litchis classified as "Class 1" shall contain:
(a) foreign matter in excess of the tolerance as set out in Table 3 of Annexure 1; and
(b) organisms which may be a source of danger to the human being in excess of the tolerance as set out in item 5(2).
Biological and chemical hazards
7. No consignment of litchis classified as "Class 1" 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 litchis 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 litchis 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 litchis 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 litchi trees; and
(ii) which chemical remedies have been used on the litchis as a post-harvest treatment.
(b) Subject to the provisions of subitems (a), the follow-on consignments of only the producer concerned whose litchis 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 litchis comply 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
9. (a) Containers, excluding bulk containers, in which litchis are packed shall:
(i) be, clean, dry, undamaged and suitable;
(ii) shall not impart a foreign taste or odour or any substance that may be injurious to human health or to the litchis;
(iii) be free from any visible signs of fungal growth;
(iv) be free from Arthropod infestation (dead or alive); 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 litchis are damaged or are at risk of being damaged, during normal storage, handling or transport.
(b) 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. (a) Only litchis of the same quality, cultivar, ripeness and size shall be
packed in the same container.
(b) The net mass of the contents of a 4 kg container shall be at least 4.14 kg during inspection.
(c) The net mass of the contents of a 2 kg container shall be at least 2.07 kg during inspection.
(d) The net mass of cartons on which the mass is specified should be at least the mass specified on the carton, excluding cartons mentioned in 10(b) and 10(c).
(e) If litchis 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.
(f) The difference in diameter between the largest and the smallest litchi in the same container shall not be more than the limits prescribed for the specific size reference, as set out in item 7 of Table 2, Annexure 1.
(g) In the case of sea transport, an inspector shall reject litchis for export if the period between the date of packing and the scheduled time of departure of the vessel concerned, exceeds 14 days.
Packing material
11. If packing material is used inside the containers, such packing material shall
be new, clean, dry, odourless, not transmit to the litchis 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 litchis.
Stacking of containers on pallets
12. If containers containing litchis are palletised --
(a) the pallet shall be clean, undamaged and suitable and not transmit to the litchis any harmful substance or any substance that may be injurious to human health;
(b) the pallets shall comply with ISPM 15 requirements, shows no visual signs of infestation and the stamp shall 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 Arthropod infestation;
(f) the containers shall be stacked firmly and square with each other and with 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. (a) A pallet load of containers shall be strapped in a suitable manner.
(b) If containers without lids are being used, a suitable covering may 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 litchis at all stages of production, packing, processing, handling and distribution;
(b) be able to identify any person or supplier from whom they have been supplied with litchis, or any substance intended to, or expec¬ted to be used in the production or processing of litchis;
(c) have in place systems and procedures to identify other busi¬nesses to which their litchis have been supplied;
(d) ensure that adequate procedures are in place to withdraw litchis from the market where such litchis present a serious risk to the health of consumers;
(e) immediately withdraw litchis 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 litchis shall be marked clearly, neatly indelibly, legibly, in block letters and numerals on any visible 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 "Litchis" or "Lychees".
(b) The appropriate cultivar/variety.
(c) The expression "Class 1", "Class I", "Category I", "Category 1", "Cat 1", Cat I".
(d) 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).
(e) The name and physical or postal address of the producer, exporter or owner of the contents of the container.
(f) The producer's code (PUC) or packhouse code (PHC) which is registered with the Executive Officer by the producer, 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 a code shall be preceded by the expression "Producer"/"PUC", "Packhouse"/"PHC", "Pack", "Grower code" or "Farm number".
(g) The packing date on at least 90% of the containers: Provided that if the packing date is expressed in a code, such code shall be registered and approved by the Executive Officer.
(2) Subject to the provisions of subitem (1), each outer container containing prepacked units shall be marked with the total number of prepacked units: Provided that if the total number of prepacked units is visible from the outside, it does not have to be indicated on the outer container.
(3) If the country to which the litchis are exported, prescribes requirements with regard to the marking of containers which differ from the aforesaid requirements, the containers containing such litchis 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
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

Regulation 4-16 

Measure also domestic

No 

Products affected by the measure.

Description

Litchis 

Countries/Regions affected by the measure.

Description

All countries