Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P5: State-trading enterprises, for exporting; other selective export channels 

Date when the measure came into force

19 December 2014 

Publication where the measure is specified

GOVERNMENT GAZETTE, 19 December 2014 

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 and X: For purposes n.e.s. 

Description of the measure

Presentation for inspection
4.(1) Each consignment of fresh 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 of fresh vegetables referred to in sub regulation (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.
Consignment note
5.(1) Every consignment of Fresh Vegetables destined for export shall when submitted for inspection, be accompanied by a consignment note completed clearly,legibly, fully and correctly.
(2) All the copies of such a consignment note shall have the same serial number and one copy thereof shall be retained by the Department or Assignee.
Procedure at inspection
6.(1) An inspector may in any consignment of fresh vegetables open as many containers and inspect the contents thereof and remove samples of such contents for the purpose of further inspection or analyses as he/she may deem necessary.
(2) An inspector's finding in relation to the containers opened by him/her by virtue of the provisions of sub regulation (1), and the contents thereof, shall apply as a finding in respect of the whole consignment from which such containers were abstracted.
(3) If an inspector is satisfied after his/her inspection that the consignment of fresh vegetables -
(a) comply with the requirements of these regulations he/she shall approve such consignment for export, either by marking or causing to be marked on each container or label affixed thereto with a mark of approval or by issuing a certificate which indicates such approval:
Provided that, the Executive Officer taking into consideration the country of destination's legal requirements may in his or her discretion authorize in writing the issuance of a certificate(s) within a prescribed time after the vegetables have left South Africa; or
(b) do not comply with the requirements of these regulations he/she shall prohibit such consignment for export, either by marking or causing to be marked on each container or label affixed thereto with a mark or prohibition or by issuing a certificate which indicates such prohibition. 20
(4) An inspector may at his/her own discretion re-inspect a consignment of fresh vegetables which has already been approved for export, and may confirm or withdraw according to sub regulation (3) (b) any previous approval with regard to the consignment concerned: Provided that no inspection fee shall be payable in respect of a re-inspection carried out on demand of an inspector.
Fees for inspection and analysis
8.The following fees shall be payable for inspection and analysis:
(1)The prescribed inspection fee when fresh vegetables are presented for inspection.
(2)The laboratory analysis fee when samples of fresh vegetables are analyzed chemically, physically or microbiologically for export purposes.
(3)The courier (transport) fee when samples are dispatched to the laboratory.
Approvals and rejections
9.(1) If an inspector approves the export of a consignment of fresh 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 of fresh 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 sub regulation (2), an inspector may, in the case of a consignment 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 8 

Measure also domestic

No 

Products affected by the measure.

Description

Fresh fruits and vegetables 

Countries/Regions affected by the measure.

Description

All countries