Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B15: Authorization requirements for importers 

Date when the measure came into force

23 March 2007 

Publication where the measure is specified

GOVERNMENT GAZETTE, 23 MARCH 2007 

Regulation where the measure is specified

FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT, 1947 (ACT No. 36 OF 1947 REGULATIONS REGARDING FERTILIZERS 

Country/Region applying the measure

South Africa 

Coded list of objectives

C: Protection of life and health of plants 

Description of the measure

Application for registration
2. An application in terms of section (31) of the Act for registration of a fertilizer, must be made on a form available from the Registrar for the purpose, or a clearly legible facsimile thereof on good quality A4 size paper of the same color as the form supplied by the Registrar.
Such application must -
(a) be made by a person residing in the Republic of South Africa or, in the case of a legal person that legal person shall have a registered office in the Republic:
(b) be the prescribed application fee;
(c) be accompanied by two copies of a typed version of the details relating to the particular fertilizer that will be marked on the container in which it will be sold, or will be attached to the label of such container:
(d) be accompanied by a sample of the particular fertilizer containing at least100mm in the case of a liquid fertilizer and 100 g in the case of a dry fertilizer, when requested by the Registrar;
(e) be accompanied by a copy of the experimental results detailing the biological efficiency of the particular fertilizer: provided that the Registrar may grant exemption for submission of a sample or a submission as intended in subregu-lation (d) and (e);
(9) be accompanied, when required by the Registrar, by a risk assessment.
Period of registration
3.(1) Apart from the provision of sections 4 and 4A of the Act, a fertilizer registration in terms of section 3 of the Act shall lapse on 31 December of each year.
(2) Should a registration be granted during a particular calendar year within three months of the date of lapsing intended in sub regulation such registration shall be applicable to the particular date of lapsing in the following calendar year.
Renewal of registration
4.(1)An application in terms of section of the Act for renewal of registration of a fertilizer, must be made on a form available from the Registrar for the purpose, or a clearly legible facsimile thereof on good quality A4 size paper of the same color as the form supplied by the Registrar.
(2) Such an application must -
(a) depending on the case, be made by the person to whom the applicable registration certificate has been issued;
(b) be received no later than the date of lapsing intended in sub regulation on the proviso that should documentary proof be submitted of the timeous dispatch of the application; such application shall be deemed to have been received on time;
(c) be accompanied by the prescribed fee;
(d) be accompanied by two copies of facsimiles of all labels used in connection with the sale of the fertilizer: provided that the Registrar may, depending on the circumstances, exempt the applicant from the provisions of this regulation.
(3) Apart from the determinations of sub regulation an application in terms of subregulation received by the Registrar after 31 January of a particular year will not be considered and a new application must be made for the registration of the respective fertilizer in terms of regulation 2: provided
that the Registrar may grant exemption from submission of the application form as intended in sub regulation
(4) Anyone applying for renewal of a registration in terms of this regulation must submit a sworn statement that the information he supplies with such application for the particular fertilizer, or a label used in connection therewith, does not deviate in any respect from the comparable details that have already been registered or approved with respect to that fertilizer or label: Only the original of each application can be so declared or confirmed.
Conditions for certain registrations and renewal of in registrations
(5) A registration and the renewal of a registration of a fertilizer, in terms of section 3 of the Act, is granted on condition that during the period of registration or a renewal or registration -
the composition of the particular fertilizer does not deviate by more than the allowable deviations under which it was registered;
(2) the details approved for use on a label or container for sale of the particular fertiizer may not be altered without the prior written approval of the Registrar; and
(3) the particular registration may not be transferred in any manner or aspect to anyone else.
Application for amendment of certain registrations and approved labels
6. Should anyone in whose favor a fertilizer is registered, contemplate any alteration to its registered composition or a change to the details approved for use on a label, he should apply to the Registrar in the manner intended in regulation 2.
(2) Such application should be accompanied by the applicable documentation, the current registration certificate and application fee stated in regulation 1 provided that the Registrar may waive the application fee should the particular change or alteration be in the public interest.
Return of registration Certificate
7.A registration certificate is returned in terms of Section of the Act, should reach the Registrar -
within 14 days of the day on which -
(a) the person to whom the particular registration certificate has been issued is informed in writing in terms of Section 5 of the Act of the reason for withdrawal of such registration; or the registration of the fertilizer has expired in terms of Section of the Act 

Reference of the measure

Part I section 2-7 

Measure also domestic

Yes 

Products affected by the measure.

Description

fertilizer 

Countries/Regions affected by the measure.

Description

All countries