Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B41: TBT regulations on production processes 

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

Practices to be followed at plants
13. The practices relating to the running of an undertaking at a plant and relating to the manufacture, control, packaging, marking or labelling of a fertilizer for the purposes of sale thereof must be such that the composition and efficacy of the particular fertilizer meet the requirements in terms of which it was registered and that it possesses all the chemical, physical and other properties so registered.
(2) Raw materials used for the manufacture of a fertilizer must be handled and stored such that:
(a) it is protected against damage, pollution and deterioration;
(b) access can be reasonably gained to the different raw materials and fertilizers
(3) Chemical and physical quality control must be carried out regularly on raw materials used for the manufacture of a fertilizer and of the fertilizer manufactured from such raw materials by the person in whose favor the fertilizer is registered or by a laboratory in the Republic of South Africa acceptable to the Registrar.
(4) The person in charge of a plant and responsible for the manufacture, control, packaging, marking or labelling of a fertilizer or liming material must have sufficient knowledge of the practices to be followed in running the undertaking at such a plant and of the provisions of the Act.
(5) Raw materials either stored loose or in containers and to be used in the manufacture of the fertilizer, must be clearly identifiable.
(6) In the event that the fertilizer is not packed or labelled immediately after manufacture, its name shall be shown on the containers in which or the place at which it is stored.
Requirements for establishments
14. (1) The premises where a fertilizer is manufactured, controlled, packed, marked, labelled or stored for the purpose of sale shall be kept orderly and clean and shall be duly registered under the Occupational Health and Safety Act, Act No. 85 of 1993.
(2) The facilities and equipment which are available at an establishment shall be suitable for the purpose for which it is to be used to ensure that the composition of the fertilizer manufactured, controlled, packed, marked, stored or labelled there complies with the particulars registered in respect thereof, and that such fertilizer possesses the chemical, physical and other properties thus registered.
(3) The area within the facility which is used to carry out a specific function in connection with the manufacture, control, packaging, labelling or warehousing of a fertilizer shall be appropriate for the proper execution of the particular function. 

Reference of the measure

Part V section 13 &14 

Measure also domestic

Yes 

Products affected by the measure.

Description

Fertilizers 

Countries/Regions affected by the measure.

Description

All countries