Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsProtection of Geographical Indications and Designations of Origin used on Agricultural Products intended for sale in the Republic of South Africa21. Inspection of producers and groups of producers and trade control of registered geographical indications and designations of origin |
| (1) | All producers and groups of producers using a registered South African GI or South African designation of origin shall be subject to inspections by the assignees designated for the agricultural product(s) concerned 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(2)(d). |
| (2) | The inspections referred to in sub-regulation (1), shall be conducted— |
| (a) | at least twice during a calendar year, or in accordance with the frequency as mutually agreed between the Executive Officer and the producer(s} or the group(s} of producers for which the GI or the designation of origin was registered; and |
| (b) | at the expense of each producer or group of producers for which the GI or designation of origin was registered and in accordance with the fee(s) determined by the assignee concerned for such inspections. |
| (3) | The assignees designated for the agricultural product(s) concerned shall, within a period not exceeding thirty (30} days of completing an inspection, submit a final report of its findings in writing to the Executive Officer and the producer or group of producers for which the GI or designation of origin was registered. |
| (4) | If during an inspection it is found that a producer or a member of the group of producers does not meet the product specifications registered for the GI or designation of origin concerned, the producer or member of the group of producers shall— |
| (a) | cease using the registered GI or designation of origin on the particular agricultural product; |
| (b) | introduce the remedial measures necessary to ensure compliance with the registered product specifications; and |
| (c) | be subject to a follow-up inspection by the assignees designated for the agricultural product(s) concerned to confirm compliance before being allowed to use the registered GI or designation of origin again. |
| (5) | In the case of registered foreign Gls or foreign designations of origin, excluding registered foreign Gls and foreign designations of origin that form part of international agreements , the Executive Officer shall accept audits carried out by — |
| (a) | if applicable, the certifying body nominated under regulation 6(2)(c); or |
| (b) | the competent authority concerned. |
| (6) | Assignees designated for the agricultural product(s) concerned 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 Gls, South African designations of origin, foreign Gls and foreign designations of origin, including registered foreign Gls and foreign designations of origin that form part of an international agreement, 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. |