Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsRegulations relating to the Grading, Packing and Marking of Fresh Vegetables intended for sale in the Republic of South Africa2. Restrictions on the sale of fresh vegetables |
| (1) | No person shall sell in the Republic of South Africa fresh vegetables, other than imported fresh vegetables referred to in subregulation 2; |
| (a) | unless the fresh vegetables are unclassified or sold according to the classes in regulation 3; |
| (b) | unless the fresh vegetables in that consignment comply with the quality standards prescribed in regulation 4; |
| (c) | unless the fresh vegetables are packed in containers which comply with the requirements prescribed in regulation 5; |
| (d) | unless the fresh vegetables comply with the packing requirements set out in regulations 6, 7, 8 and 9; |
| (e) | unless the containers concerned are marked according to the requirements set out in regulations 10 and 11; |
| (f) | unless the samples for inspection are drawn according to the requirements set out in regulations 12, 13 and 14; |
| (g) | unless the samples are inspected in accordance with the methods set out in regulations 15, 16 and 17; |
| (h) | if the fresh vegetable contains a substance prescribed as a substance which it may not contain; |
| (i) | if the fresh vegetables 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; |
| (j) | if the fresh vegetables 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 fresh vegetables shall be exempted from the provisions of subregulation 1, provided that the fresh vegetables ; |
| (a) | comply with either the Codex, 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 fresh vegetables 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 fresh vegetables 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 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 vegetables is imported for purposes other than for the purpose of sale in the Republic of South Africa. |