Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P61: Inspection requirement 

Date when the measure came into force

08 August 1991 

Publication where the measure is specified

AGRICULTURAL PRODUCT STANDARDS GN. R. 1994 GG13473 23 August 1991 

Regulation where the measure is specified

AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990) REGULATIONS REGARDING CONTROL OF THE EXPORT OF FROZEN FRUIT AND FROZEN VEGETABLES 

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 frozen fruit and frozen vegetables 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), shall be presented for inspection at least 24 hours before such a consignment is exported.
(3) A consignment referred to in subregulation (1),that shall be thus inspected, shall be stored in such a manner that-
(a) access to each container therein can be obtained readily; and
(b) the marks, printing or writing on such containers can readily be read.
(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
5.(1) An inspector may open as many containers in a consignment frozen fruit and frozen vegetables intended for export as he may deem necessary and inspect or analyse or have analysed the contents thereof in 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 frozen fruit and frozen vegetables.
(3)(a) An inspector may re-inspect a consignment frozen fruit and frozen vegetables which has already been approved for export, and may confirm or withdraw any previous approval with regard to the consignment concerned.
(b) The provisions or 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.
Approvals and rejections
6.(1) If an inspector approves the export of a consignment frozen fruit and frozen vegetables, he shall-
(a) mark each container in that consignment with a mark of approval; or
(b) endorse the consignment note of that consignment to such effect; and
(c) issue a certificate to the effect that such consignment has been approved for export.
(2) If a consignment frozen fruit and frozen vegetables has been rejected for export purposes as a result of an inspection or re-inspection carried out at a port of export, the custodian of that consignment shall as soon as feasible remove it from the port area concerned.
(3) Notwithstanding the provisions of subregulation (2), an inspector may, in the case of a consignment of frozen fruit and frozen vegetables in connection with which an appeal is lodged -
(a) direct that such consignment shall not without his consent be removed from the place where the inspection or re-inspection concerned was carried out; and
(b) apply any mark to the containers concerned which he may deem necessary for identification purposes. 

Reference of the measure

Section 4-6 

Measure also domestic

Yes 

Products affected by the measure.

Description

frozen fruit and frozen vegetables 

Countries/Regions affected by the measure.

Description

All countries