Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) Regulations Regulations regarding Control of the Export of Grains 1. Definitions

 

In these regulations any word or expression to which a meaning has been assigned in the Act, shall have that meaning, and—

 

"address"

means a physical address in the Republic of South Africa and includes the street or road number or name, and the name of the town, village or suburb and in case of a farm or silo, the name or number of the farm or silo and of the magisterial district in which it is situated;

 

"assignee"

means a person, undertaking body, institution, association, or board designated as under section 2(3) of the Agricultural Product Standard Act No.119 of 1990;

 

"bread wheat"

means the caryopsis or grain of the plant Triticum aestivum;

 

"buckwheat"

means the seed of the plant fagopyrum esculentum;

 

"bulk container"

means a grain truck, any vehicle or container used for the transportation or storage of the grains;

 

"castor beans"

means the threshed seed of the plant Ricinus communis;

 

"certificate"

means a certificate that may be issued either in paper format (including electronically prepared) or in verified electronic format which describe and attest to conformity of a consignment of regulated agricultural products to stipulated requirements as set out in regulation 6;

 

"cereals"

means maize, wheat, grain sorghum, barley, millet and buckwheat;

 

"consignment"

means a quantity of grains of the same grade belonging to the same grade or class belonging to the same owner, and which is delivered at any one time under cover of the consignment note, delivery note or receipt note, is delivered by the same vehicle or bulk container or railway truck, or which is loaded from the same bin of a grain elevator into different grades or classes, each quantity of each of the different grades or classes;

 

"consignment note"

means a consignment note approved by the Executive Officer or Assignee;

 

"container"

means a bag or bulk container in which grains are stored or transported;

 

"cotton seed"

means the ginned seed of the plant Gossypium hirsutum;

 

"department"

means the Department of Agriculture, Land Reform and Rural Development;

 

"dry beans"

means the threshed ripe seeds of the plants Phaseolus coccineus L. (kidney beans), P vulgaris L. and P actutifolius a Gray (tepary beans), which are intended for human consumption;

 

"durum wheat"

means caryopsis of the species Triticum durum, Triticum turqidum and Triticum polonicum;

 

"Executive Officer"

means the officer designated under section 2 (1) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);

 

"food business operator"

(FBO) means the person or persons responsible for ensuring that the prescribed requirements of these regulations are met within the food business under his or her control and include both the management of the food business as well as the person with overall authority on site or in the specific establishment;

 

"fortification"

means the addition of one or more micronutrients by means of a fortification mix as prescribed in terms of Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

 

"grains"

means cereals, leguminous seeds, oilseeds, grass seeds and the processed grains thereof;

 

"grain sorghum"

means the seed of any sorghum except a broom sorghum, hay, sorghum or cane sorghum;

 

"grass seed"

means the threshed seed of the following types of grasses:

 

"groundnuts"

means the fruit of the plant Arachis hypogea;

 

"inspector''

means the Executive Officer or an officer under his control, or an Assignee or an employee of an Assignee;

 

"ISO"

means International Organization for Standardization;

 

"lesser known types of maize"

means waxy maize, popcorn, sweet corn and bread maize" the threshed seed of the plant zea mays amlyacea: Provided that white and yellow plant maize (Zea mays indentata) and white and yellow plant maize (Zea mays indurata) are, for the purpose of these regulations, not included;

 

"leguminous seeds"

means, the threshed seeds of soya beans (Glycine max); dry beans, velvet beans (Mucuna deeringiana), sword or jack beans (Canava ensiformis, C gladiata), cowpeas (Vigna unguiculuta), pulses; peas (Pisum sativum), lupins, lentils (Lens culinaris) and chickpeas or mung beans (Cicer arietinum, Phaseoulus mungo, Vinga mungo of Vigna radiata);

 

"linseed"

means the threshed seeds of the plant Linum usitatissimum;

 

"maize"

means threshed seeds of white maize, yellow maize, bread maize, lesser-known types of maize;

 

"maize products"

means a commodity derived from the processing of maize or into which maize or any part of maize has been converted;

 

"millet"

means the threshed seeds of the plant pennisetum glaucum;

 

"National Reference Laboratory"

means an official laboratory of the Department of Agriculture, Land Reform and Rural Development and the Perishable Products Export Control Board that has been nominated in writing by the Executive Officer for the testing of compliance as envisaged in terms of regulations 6(1) and 7(1);

 

"Officially Recognized Laboratories"

means any laboratory that is not a National Reference Laboratory and that is nominated by the Executive Officer in writing as being suitable or required for the testing of compliance as envisaged in terms of regulations 6(1) and 7(1);

 

"oilseeds"

means sunflower seed, soya beans, canola, castor beans, groundnuts linseed, cotton seed, and safflower seed;

 

"ISO"

means International Organization for Standardization;

 

"popcorn"

means the threshed seed of Zea mays everta;

 

"processed "

means maize products, wheat products and other unspecified processed grains;

 

"Processing"

means shelling, drying, blanching, milling, crushing, coarse milling or rolling, cutting and fortification;

 

"pulses"

means an edible seed that grows in a pod which include all beans, peas, lentils, and lupins which are intended for human consumption;

 

"safflower seed"

means the capsula of the plant Carthamus tinctorius;

 

"sunflower seed"

means the capsula of the plant Helianthus annuus;

 

"sweetcorn"

means the threshed seed of Zea mays saccharata;

 

"the Act"

means the Agricultural Product Standards Act, 1990 (Act 119 of 1990);

 

"unspecified grains"

means any other kind of grains which is not mentioned under this regulation;

 

"waxy maize"

means the threshed type of maize which contains a high percentage of molecular branched amylopectin starch fraction in the endosperm and which normally originates from the plant Zea mays ceratina;

 

"wheat"

means bread wheat, soft wheat and durum wheat;

 

"wheat products"

means a commodity derived from the processing of wheat or into which wheat or any part of wheat has been converted;

 

"white maize"

means maize that consists of the white dent type botanically known as Zea mays indentata or of the white flint type botanically known as Zea mays indurata, or of a mixture of the two types or of one or more crossings of the two types; and

 

"yellow maize"

means maize that consists of the yellow flint type botanically known as Zea mays indurata, or of the yellow dent type botanically known as one Zea mays indurata or of a mixture of the two types or of one or more crossings of the two types.