Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsRegulations relating to the Quality, Grading, Packing and Marking of Tomatoes intended for sale in the Republic of South Africa2. Restrictions on the sale of tomatoes |
| (1) | No person shall sell in the Republic of South Africa tomatoes, other than imported tomatoes referred to in subregulation (2),— |
| (i) | unless the tomatoes are unclassified or sold according to the classes in regulation 4; |
| (ii) | unless the tomatoes comply with the different standards for classified or unclassified tomatoes in regulation 5; |
| (iii) | unless the tomatoes are packed in a container and in the manner prescribed in regulations 7,8 and 9; |
| (iv) | unless the tomatoes are marked with the particulars and in the manner prescribed in regulation 10; |
| (v) | if the tomatoes contain a substance prescribed as a substance which it may not contain; |
| (vi) | if the tomatoes are packed in a container or in a manner so prescribed as a container in which or a manner in which it may not be packed; |
| (vii) | if the tomatoes are marked with particulars or in a manner prescribed as particulars with which or a manner in which it may not be marked. |
| (2) | Imported tomatoes shall be exempted from the provisions of subregulation (1), provided that the tomatoes— |
| (a) | comply with either the Codex Almentarius, UNECE (United Nations Economic Commission for Europe) or OECD (Organisation for Economic Co-operation and Development) standards; and |
| (b) | are according to bilateral agreement accompanied by certificate issued by a relevant government authority responsible for quality control of fresh fruit and vegetables and in which it is certified that the quality of the tomatoes as verified through inspection conforms to the relevant standard. |
| (3) | In applying Section 3(1)(c) of the Act, the Minister authorises the Executive Officer to prohibit the sale of tomatoes if the compliance with the regulations is not met. |
| (4) | The Executive Officer may grant written exemption, entirely or partially, to any person on such conditions as he or she deems necessary, from the provisions of subregulation (1): Provided that such exemption is done in terms of section 3(1)(c) of the Act. |
| (5) | The Executive Officer may grant written permission to a quantity of imported consignment from complying with the provisions of Section 4A(1) of the Act if such quantity of tomato is imported for purposes other than for the purpose of sale in the Republic of South Africa. |