Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

Regulations

2026 Regulations

Regulations relating to the Management Control System in respect of the Sale and Export of certain Agricultural Products - effective September 2026

16. Auditing of a registered management control system

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(1)All applicants using a registered management control system shall be subject to auditing by the assignee to establish compliance with the critical elements of control (i.e., minimum specifications and any other information deemed necessary) submitted in terms of regulation 4(2)(d).

 

(2)The auditing referred to in sub-regulation (1), shall be conducted—
(a)as per the relevant protocol of a management control system registered with the Executive Officer; and
(b)at the expense of each applicant and by the fee(s) determined by the assignee concerned for such auditing.

 

(3)The assignee shall, within a period not exceeding thirty (30) days of completing auditing, submit a final report of its findings in writing to the Executive Officer and the applicant.

 

(4)If during auditing it is found that an applicant does  not meet the specifications  of a registered management control system concerned, the applicant shall—
(a)cease  using  the  registered  management  control  system  on  the  particular agricultural product;
(b)introduce  the  remedial  measures  necessary  to  ensure  compliance  with  the registered management control system; and
(c)be subject to a follow-up auditing by the assignee concerned to confirm compliance before being allowed to use the registered management control system again.

 

(5)The Executive Officer or assignee concerned shall during the course and scope of exercising their mandate in the trade for the agricultural product(s)—
(a)ensure  that  all  registered  management  control  systems  enjoy  the  scope  of protection as set out in regulations 3(1) and (2); and
(b) the appropriate action against any transgressions found as permitted under the Act.