Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsProtection of Geographical Indications used on Agricultural Products intended for sale in the Republic of South Africa19. Auditing of groups and trade control of registered geographical indications |
| (1) |
| (a) | All members of a group using a registered South African GI shall be subject to audits by the qualified South African auditor nominated under regulation 4(4)(a) to establish compliance with the critical elements of control (i.e. minimum product specifications and any other information deemed necessary) submitted in terms of regulation 4(4)(b). |
| (b) | The audits referred to in paragraph (a), shall be conducted— |
| (i) | at least on a biannual basis, or in accordance with the frequency as mutually agreed between the Executive Officer and the group for which the GI was registered; and |
| (ii) | at the expense of each member of the group for which the GI was registered. |
| (c) | The nominated qualified South African auditor shall, within a period not exceeding thirty (30) days of completing an audit, submit a final report of its findings in writing to the Executive Officer and the group for which the GI was registered. |
| (d) | If during an audit it is found that a member of the group does not meet the product specifications registered for the GI concerned, the member shall— |
| (i) | cease using the registered GI on the particular agricultural product; |
| (ii) | introduce the remedial measures necessary to ensure compliance with the registered product specifications; and |
| (iii) | be subject to a follow-up audit by the nominated qualified South African auditor to confirm compliance before being allowed to use the registered GI again. |
| (e) | The Assignees designated for the agricultural product(s) concerned may, either at their own discretion or on request of the Executive Officer, visit members of the group and/or the qualified South African auditor nominated by such group from time-to-time to confirm that the registered product specifications are complied with and audits are conducted as intended in paragraph (b) above. |
| (2) | In the case of registered foreign GIs, excluding registered foreign GIs that form part of international agreements, the Executive Officer shall accept audits carried out by the certifying body nominated under regulation 5(2)(c). |
| (3) | Assignees shall during the course of exercising their mandate in the trade for the agricultural product(s) they were designated— |
| (a) | ensure that all registered South African GIs and foreign GIs, including registered foreign GIs that form part of international agreements, enjoys the scope of protection as set out in regulation 3(1) and (2); and |
| (b) | take the appropriate action against any transgressions found as permitted for under the Act. |