Non-Tariff Barriers

Non-Tariff Measure

NTM classification

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

Date when the measure came into force

10 September 1999 

Publication where the measure is specified

Government No. 2064 of 10 September 1999 

Regulation where the measure is specified

Standards And Requirements Regarding Control Of The Export Of Cherries 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 cherries 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 are two classes of cherries, namely "Class 1” and "Class 2”.
Standards for the class
5. (1) A consignment of cherries shall be classified as Class 1 if it --
(a) is of superior quality;
(b) is well-developed and characteristics of the cultivar/variety and/or commercial type with regard to 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 set out in Table 3 of Annexure 1.
(2) A consignment of cherries shall be classified as Class 2 if it --
(a) is a cultivar/variety specified in Table 1 of Annexure 1;
(b) complies with the quality and food safety standards set out in Table 2 of Annexure 1; and
(c) does not exceed the maximum permissible deviations by number set out in Table 3 of Annexure 1.
(3) No consignment of cherries classified as "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 orga¬nisms, excluding organisms which may be a source of danger to the human being, on more than 3% of the cherries or three free running Arthropoda per pallet load or part thereof in the consignment: Provided that it does not exceed a maxi-mum of one Arthropoda per container.
Physical hazards
6. No consignment of cherries classified as "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;
(b) any organisms which may be a source of danger to the human being in excess of the tolerance as set out in Table 2 of Annexure 1.
Biological and chemical hazards
7. No consignment of cherries classified as "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 cherries with a higher limit, to be exported to countries were such higher limit is permissible: Provided that the producer or exporter shall sign an affidavit in which it is declared that cherries 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 cherries 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 cherry trees; and
(ii) which chemical remedies have been used on the cherries as a post-harvest treatment.
(b) Subject to the provisions of subitems (a), the follow-on consignments of only the producer concerned whose cherries 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 cherries complies with the prescribed residue limits: Provided that if 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 cherries are packed shall --
(a) be new, clean, dry, undamaged and suitable;
(b) shall not impart a foreign taste or odour of any substance which may be injurious to human health or to the cherries;
(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 cherries are damaged or are at risk of being damaged, during normal storage, handling or transport.

TRACEABILITY REQUIREMENTS
10. Producers, packhouse managers and exporters shall:
(a) establish the traceability of cherries at all stages of production, packing, handling and distribution;
(b) be able to identify any person or supplier from whom they have been supplied with cherries, or any substance intended to, or expected to be used in the production or processing of cherries;
(c) have in place systems and procedures to identify other businesses to which their cherries have been supplied;
(d) ensure that adequate procedures are in place to withdraw cherries from the market where such cherries present a serious risk to the health of consumers;
(e) immediately withdraw cherries 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.

PACKING REQUIREMENTS
General
11. (1) Only cherries of the same quality and cultivar shall be packed in the same container.
(2) Cherries in the same container shall be reasonably uniform in size.
(3) Each container shall be packed firmly and to capacity.
(4) If cherries 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
12. If packing material is used inside the containers, such packing material shall be new, clean, dry, odourless and of a quality such as to avoid causing any external or internal damage to the cherries.
Stacking of containers on pallets
13. If containers containing cherries 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 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 on a pallet; and
(h) the containers shall not be stacked upside-down on a pallet.

Strapping of pallet loads
14. (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.

MARKING REQUIREMENTS
General
15. (1) Each container containing cherries 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 "Cherries".
(b) The appropriate cultivar/variety.
(c) The expression "Class 1", "Cat 1", "Category 1", "Category I", "Class I", "Cat I", "Class 2", "Cat 2", "Category 2", "Category II", "Class II", "Cat II".
(d) The country of origin: Provided that no abbreviations or the expression "South Africa" on its own shall be used (e.g. "Products of South Africa", "Produced in South Africa", "Manufac¬tured 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 container.
(f) The producers' code (PUC) and the packhouse code (PHC) which is registered with the Executive Officer by the producer 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", "FBO", "Packhouse", "PUC", "PHC", "Packer", "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 and approved 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 is visible from the outside, it does not have to be indicated on the outer container.
(3) If the country to which the cherries are exported, prescribes requirements with regard to the marking of containers which differ from the aforesaid requirements, the containers containing such cherries 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 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

Yes 

Products affected by the measure.

Description

Cherries 

Countries/Regions affected by the measure.

Description

All countries