Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P61: Inspection requirement 

Date when the measure came into force

19 December 2014 

Publication where the measure is specified

GOVERNMENT GAZETTE, 12 MAY 2014 

Regulation where the measure is specified

AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990) REGULATIONS REGARDING CONTROL OF THE EXPORT OF GRAINS 

Country/Region applying the measure

South Africa 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

Presentation for inspection
4.(1)Each consignment of grains intended for export which has to be presented for inspection in terms of these regulations shall, prior to the export thereof,be inspected by an inspector.
(2)A consignment referred to in subregulation (1) that shall be thus inspected, shall be stored in such a manner that access thereto can be obtained readily.
(3)
Grains intended for export shall -
a.be presented for inspection when delivery by the producer to a grain elevator;
b.be presented for inspection at the port of export at least 48 hours before such grains is to be exported; and
c.be presented for inspection at the inland point at which the consignment will be loaded and sealed into a shipping container, at least 48 hours before container is to be sealed and released to shipping agent.
(4)The person who furnishes an application for an approval in terms of regulation 3 shall pay the prescribed inspection fee specified in the regulations made for this purpose under section 15 of the Act, to the Executive Officer or the Assignee concerned, as the case may be Procedure at inspection
6.(1)An inspector may open as many containers in a consignment of grains,intended for export as he may deem necessary and inspect or analyse or have analysed the contents thereof in such a manner as he may deem fit.
(2)The result of an inspection or analysis in terms of subregulation (1) shall be deemed to be applicable to the whole consignment of grains from which such containers were abstracted.
(3)(a)An inspector may re-inspect a consignment of grains which has already been approved for export, and may confirm or withdraw any previous approval with regard to the consignment concerned.
(b)The provisions of regulation 4 and this regulation shall mutatis mutandis apply to such re-inspection: Provided that no inspection fee shall be payable in respect of a re-inspection carried out on demand of an inspector.
(1) For the purpose of analysis as required by regulation 6(1), there shall be a National Reference Laboratory or an Officially Recognized Laboratories involved in the export control of grains.
(2) The following criteria shall be used in the recognition of laboratories involved in the export control of grains.
(a) Compliance with the general criteria for testing laboratories laid down in International Standard ISO/IEC 17025:2005;
(b) Participation in appropriate proficiency testing schemes for analysis which conform to the requirements laid down in "The international harmonized protocol for the proficiency testing of analytical laboratories";
(c) Whenever available, use methods of validated according to the principles Alimentarius Commission; and
(d) Use internal quality control procedures, the "Harmonized Guidelines for internal Chemistry Laboratories".analysis which have been laid down by the Codex such as those described in Quality Control in Analytical 

Reference of the measure

Section 4-7 

Measure also domestic

Yes 

Products affected by the measure.

Description

Grains 

Countries/Regions affected by the measure.

Description

All countries