Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B15: Authorization requirements for importers 

Date when the measure came into force

11 August 1972 

Publication where the measure is specified

FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES GN. R. 1375 GG3629 11 August 1972 

Regulation where the measure is specified

REGULATIONS PERTAINING TO THE REGISTRATION AND SALE OF AGRICULTURAL REMEDIES: The Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act 36 of 1947), 

Country/Region applying the measure

South Africa 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

Registration
2.(1) Every application for the registration of an agricultural remedy shall be submitted in triplicate in the form prescribed in the Second Schedule hereto, to The Registering Officer of Agricultural Remedies, Department of Agricultural Technical Services, Private Bag X116, Pretoria, and shall be accompanied by-
1(a) three typed copies of the label, advertisement and other literature used or intended to be used in connection with such agricultural remedy;
1Note: It is recommended that three typed copies of every label and advertisement intended for use in connection with any agricultural remedy be submitted to the Registering Officer before it is printed.
 b) two samples of the agricultural remedy (not less than 4 oz/fl oz each);
(c) the registration fee as specified in the First Schedule hereto;
2(d) except when not required by the Registering Officer, experimental data on biological efficacy and residues obtained under South African conditions;
2Note: (i) Before commencement of experimentation in support of applications for registration of agricultural remedies, applicants must approach the Registering Officer submitting particulars regarding the nature and extent of envisaged experimentation. If possible officials of the Department will visit these experiments. Such officials must be free to inspect experiments at all times with the view to acquainting themselves with the final results. (ii) Such tests must be undertaken either by the applicant or by some other independent body. The Department, however, reserves the right to, where possible and/or desirable, first conduct tests prior to registration.
(e) full particulars on the pharmacology and toxicology of the agricultural remedy; and
(f) method of analysis for determining the percentage of active ingredient/s.
(2) No application will be considered unless it complies in all respects with the requirements prescribed, and unless the applicant furnishes the Registering Officer with such further information (including suitable samples of the agricultural remedy), as he may call for in order to determine whether the agricultural remedy is suitable and sufficiently effective for the purpose for which it is intended.
(3) Registration will only be effected upon receipt of printed copies of the approved label.
(4) Whenever an agricultural remedy is registered, the Registering Officer shall issue or cause to be issued to the applicant a registration certificate which shall be valid for a period not exceeding four years and which shall expire on 30 June 1974.
(5) As from 1 July 1970, the registration of agricultural remedies shall only take place every fourth year, or part of four years, which period shall be calculated from 1 July 1970. Applications for registration shall be submitted on the forms prescribed by subregulation (1) of these regulations and shall be accompanied by the registration fees set out in the First Schedule hereto.
(6) An existing registration will be regarded as a new registration in case of an amendment thereto which will affect its active ingredient/s by more than five percent.
(7) An agricultural remedy may not be imported into the Republic of South Africa for the purpose of sale unless it has been registered, prior to the importation thereof by a representative resident or carrying on business within the Republic.
(8)(a) Agricultural remedies may only be imported for private use with the written consent of the Registering Officer. Where, however, agricultural remedies are imported with the view to sale the Registering Officer shall have the right to issue a general permit subject to the annual submission of required information and in this case it will not be necessary for those concerned to apply for individual consignments.
(b) Agricultural remedies may only be imported for experimental purposes with the written consent of the Registering Officer. Applications for the importation of test consignments must be accompanied by a sample together with the following information:
(i) the country of origin; (ii) the port entry; (iii) the quantity to be imported; (iv) the purpose for which the remedy will be used; (v) where the remedy will be tested; (vi) pharmacological and toxicological properties; and (vii) methods of analysis.
Appeals
3.(1) Whenever an application for registration is rejected, or a registration is made subject to conditions in terms of the provisions of section 3 (3) of the Act, or is cancelled in terms of the provisions of section 4 of the Act, the Registering Officer shall notify the applicant, in writing, of such rejection, imposition of conditions or cancellation, and the applicant may within 56 days of being notified of such rejection, imposition of conditions or cancellation appeal to the Minister, in writing, against such decision and shall simultaneously submit an explanation of the grounds on which the appeal is based.
(2) After consideration of the appeal the Minister shall or cause the applicant to be advised. in writing, of his decision.
Trade Names and Brands
4. No agricultural remedy shall be registered, imported or sold under any trade name or brand which is used in connection with any other agricultural remedy, or which is not readily distinguishable from any trade name or brand used in connection with any other agricultural remedy. 

Reference of the measure

Section 2-4 

Measure also domestic

Yes 

Products affected by the measure.

Description

Agricultural remedies 

Countries/Regions affected by the measure.

Description

All countries