Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsProtection of Geographical Indications used on Agricultural Products intended for sale in the Republic of South Africa14. Application to amend the product specification |
(1) |
(a) | Any group submitting an application to amend the product specification, excluding the information referred to in sub-regulation (2), related to their registered GI shall follow the same procedure as described in these regulations for application to register a GI. |
(b) | Any application to amend the product specification of a registered foreign GI that forms part of an international agreement shall be done in accordance with the procedure provided for in such international agreement, or as otherwise mutually agreed between the Republic of South Africa and the country concerned. |
(c) | The existing quality and/or compositional requirements prescribed in the regulations published under the Act for the agricultural product concerned shall be taken into consideration at all times. |
(2) | Applications from a group to amend the following information related to their registered GI shall not be subject to the procedure referred to in sub-regulation (1)(a): |
(a) | Nomination of a new qualified South African auditor (RSA GIs) or certification body (foreign GIs). |
(b) | Any labelling and packaging changes: Provided that the existing labelling requirements and restrictions, as well as the packaging requirements prescribed in the regulations published under the Act for the agricultural product concerned shall still be complied with. |
(3) | Once written confirmation has been received from the Executive Officer that the proposed amendment to the product specification has been accepted and that the Register was amended, the group shall within reasonable time— |
(a) | amend their product specification accordingly; |
(b) | ensure that all members of the group implement the amendment; and |
(c) | inform their nominated qualified South African auditor (RSA GIs) or certification body (foreign GIs) of such amendment. |
(4) | The Executive Officer shall inform the Assignee designated for the agricultural product concerned of any changes in the status of the product specification, nominated qualified South African auditor (RSA GIs) and/or any labelling and packaging changes. |