Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) Regulations Regulations regarding Control of the Export of Tree Nuts 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 Agricultural Product Standards Act No.119 of 1990;

 

"cashew nuts"

means unshelled edible seeds of the tree Anacardium occidental;

 

"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;

 

"consignment"

means a quantity of tree nuts 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 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 tree nuts are packed, stored or transported;

 

"Department"

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

 

"Executive Officer"

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

 

"fees"

means a gazetted amount payable for inspection and analysis;

 

"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 controland include both the management of the food business as well as the person with overallauthority on site or in the specific establishment;

 

"Food Business Operator code"

means an alpha-numeric code which needs to be uniquely identified and has been registered with the Executive Officer of the Act by each responsible person (FBO) producing or handling in any way products of plant origin destined for the export market. Examples include farms, fields, processing facilities, storage units, transportation, etc.;

 

"hazel nuts"

means nuts of any of the species of the genus Corylus;

 

"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;

 

"macadamia nuts"

means unshelled edible seeds of the genus Macadamia;

 

"National Reference Laboratory"

means an official laboratory of the Department of Agriculture,Land Reform and Rural Development and the Perishable Products Export Control Board (PPECB) 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);

 

"pecan nuts"

means unshelled edible seeds of the tree Carya illinoinensis;

 

"the Act"

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

 

"tree nuts"

means cashew nuts, hazelnuts, macadamia nuts, pecan nuts, walnuts and  other nuts;and

 

"walnuts"

means unshelled edible seeds of the tree Juglas nigra.