1. Definitions and interpretation
| (1) | In these rules, any word or expression to which a meaning has been assigned in the Act, unless the context otherwise indicates, shall have that meaning and the following words shall have the following meanings— |
| (a) | 'auditor' has the meaning set out in the Auditing Profession Act, 2005 (Act 26 of 2005) |
| (b) | 'bank' means a bank registered as such in terms of the Banks Act, 1990 (Act No. 94 of 1990), referred to in the Act as a 'deposit taking institution'; |
| (c) | ‘B-BBEE Act’ means the Broad-based Black Empowerment Act, 2003 (Act 53 of 2003); |
| (d) | ‘black people / person” has the meaning set out in the B-BBEE Act; |
| (e) | ‘Companies Act” means the Companies Act, 2008 (Act 71 of 2008); |
| (f) | "conflict of interest" includes any situation in which an export agent or an employee has an actual or potential interest that may, in rendering a service to a principal— |
| (i) | influence the objective performance of his obligations to that principal; or |
| (ii) | prevent an export agent or employee from rendering an unbiased and fair service to that principal, or from acting in the best interests of that principal. |
| (g) | "customer foreign currency account" is a transactional bank account denominated in currencies other than South African Rand currency and maintained by a bank in South Africa |
| (h) | 'designated employee' means a person who is employed by an export agent and whose duties relate to procurement of fresh produce from producers or suppliers and/or the sale thereof; |
| (i) | ‘emerging export agent” means an export agent or aspiring export agent who meets the following criteria: |
| (i) | is a Black person and/or the majority of whose shares (or similar interest) are beneficially owned by Black Persons; and |
| (ii) | whose total annual turnover and/or total shipping volumes in respect of fresh produce are less than the threshold published by the Council from time to time |
| (j) | "fresh produce" means any product reference in the PPECB product code list from time to time |
| (k) | ’Perishable Products Export Control Act’ means the Perishable Products Export Control Act, 1983 (Act 9 of 1983); |
| (l) | "PPECB" means the Perishable Products Export Control Board established in terms of the Perishable Products Export Control Act; |
| (m) | ‘Prescribed Rate of Interest Act’ means the Prescribed Rate of Interest Act, 1975 (Act 55 of 1975); |
| (n) | "public regulation" means any national, provincial or local government legislation or subordinate legislation, or any license, permit, directive or similar authorisation issued by a regulatory authority or pursuant to any statutory authority; |
| (o) | 'shipped' or 'ship' means the transportation of fresh produce by land, air or sea to a country or territory other than the Republic of South Africa; |
| (p) | "the Act" means the Agricultural Produce Agents Act, 1992 (Act No, 12 of 1992); |
| (q) | "writing" includes communication by email or any appropriate electronic medium that is accurately and readily reducible to written or printed form; and 'written' has a corresponding meaning. |
| (2) | When, in these Rules a particular number of "business days" is provided for between the happening of one event and another, the number of days must be calculated by— |
| (a) | excluding the day on which the first such event occurs; |
| (b) | including the day on or by which the second event is to occur; and |
| (c) | excluding any public holiday, Saturday or Sunday that fails on or between the days contemplated in paragraphs (a) and (b), respectively. |
| (3) | These Rules must be construed— |
| (a) | in conjunction with the provisions of the Act and in a manner conducive to the promotion and achievement of the objectives of the Act; and |
| (b) | as being in addition to any other law not inconsistent with these provisions and not as replacing any such law, |
| (4) | The provisions of these Rules apply, unless stated otherwise herein or otherwise by law, to all export agents and employees, irrespective of the nature of their remuneration. |
| (5) | For all purposes of these Rules, male gender shall include the female and neuter genders and vice versa. |
| 2 | Export agent conducting business as fresh produce agent |
| (1) | An export agent shall (unless Rule 2(3) applies) not be entitled to sell the fresh produce of his principal in the Republic of South Africa unless he has complied with the provisions of section 16 of the Act, to the extent that they apply to the occupation of fresh produce agents. |
| (2) | Registration as a fresh produce agent (in the manner envisaged in section 16(1) of the Act) will only be required in instances where the fresh produce is not intended for export. |
| (3) | An export agent shall further not be required to register as a fresh produce agent prior to selling any fresh produce within the Republic of South Africa in instances where: |
| (a) | such agricultural product was intended for export, but required to be sold within the Republic of South Africa on account of necessity occasioned by: |
| (i) | circumstances beyond the reasonable control of the export agent; and |
| (ii) | which could not have been reasonably anticipated on the date on which the said agricultural product was entrusted to the export agent for purposes of export. |
