Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P61: Inspection requirement 

Date when the measure came into force

14 November 2014 

Publication where the measure is specified

GOVERNMENT GAZETTE, 14 November 2014 

Regulation where the measure is specified

AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990) REGULATIONS REGARDING CONTROL OF THE EXPORT OF FRESH CUT FLOWERS AND FRESH ORNAMENTAL FOLIAGE 

Country/Region applying the measure

South Africa 

Coded list of objectives

C: Protection of life and health of plants 

Description of the measure

Presentation for inspection
4.(1)Each consignment of fresh cut flowers and fresh ornamental foliage intended for export which has to be presented for inspection in terms of these regulations shall, prior to the export thereof, be approved for export by an inspector:
Provided that the consignment of fresh cut flowers and fresh ornamental foliage concerned shall be presented for inspection at least 12 hours prior to the intended time of export or as otherwise arranged with the Executive Officer or designated Assignee.
(2)A consignment of fresh cut flowers and fresh ornamental foliage referred to in subregulation (1), shall be submitted for inspection in such a manner that -
(a)access to each container therein can be obtained readily; and
(b)the marks, printing or stamping on such containers can readily be read.
Consignment note
5.(1)Every consignment of fresh cut flowers and fresh ornamental foliage 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 cut flowers and fresh ornamental foliage 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 subregulation (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 cut flowers and fresh ornamental foliage:
(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; 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.
(4)An inspector may at his/her own discretion re-inspect a consignment of fresh cut flowers and fresh ornamental foliage 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 cut flowers and fresh ornamental foliage are presented for inspection.
(2)The laboratory analysis fee when samples of fresh cut flowers and fresh ornamental foliage are analysed chemically, physically or microbiologically for export purposes.
(3)The courier (transport) fee when samples are dispatched to the laboratory. 

Reference of the measure

Section 4-6 

Measure also domestic

Yes 

Products affected by the measure.

Description

cut flowers and fresh ornamental foliage 

Countries/Regions affected by the measure.

Description

All countries