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 1. Definitions

 

In these Regulations any word or expression to which a meaning has been assigned in the Act, shall have that meaning, shall have that meaning, and—

 

"accreditation"

means a physical address which includes the street or road name, number, and the name of the town, village, or suburb and in case of a farm, the name or number of the farm and of the magisterial district in which it is situated;

 

"agricultural product/"

means any primary or processed product regulated in terms of sections 3(1) and 4(1) read in connection with section 15 of the Act, but does not include a liquor product as defined under the Liquor Products Act, 1989 (Act No. 60 of 1989);

 

"applicant"

means a person or Food business operator who exercises or implements control over the management control system in the production, processing, or preparation of certain agricultural products, and may include the person or FBO applying for registration of a Management Control system with the Executive Officer;

 

"assignee"

means a person, undertaking, body, institution, association, or board designated as such under section 2(3)(a)(ii) of the Act;

 

"attestations"

means documents evidencing that the imported consignment complies with the claimed method of production and that such documents are issued through a verification body or a certification body;

 

"audit"

means an examination of the management control system in order to determine whether activities and related results comply with the claims associated with the products;

 

"audit findings"

means the results of the auditors' data collection and analysis;

 

"certification"

is the procedure by which an assignee provides written or equivalent assurance that the management control system conforms to the requirements;

 

"claim"

means the use of a name, or word in connection with the sale and export of certain agricultural products;

 

"competent authority"

means a specific Government department or other entity designated by such Government department in a foreign country that is responsible for the registration of a management control system;

 

"days"

means calendar days;

 

"department"

means a Department of Agriculture;

 

"executive officer"

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

 

"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 control and include both the management of the food business as well as the person with overall authority on-site or in the specific establishment;

 

"homonymous"

means a word or name or an indication that has the same spelling or sounds the same as a claimed method of production;

 

"management control system"

means a method of production that may be claimed through the use of a name, word, expression, reference, particulars, or indication in any manner, either by itself or in conjunction with any other verbal, written, printed, illustrated or visual material;

 

"method of production"

means a manner of production, and or processing, and or handling of certain agricultural products following a particular auditable protocol which is distinguished by the use of a claim;

 

"monitoring"

means evaluating the effectiveness of the assignee by the executive officer while ensuring that all findings are resolved promptly in terms of regulation 18;

 

"product"

means—

 

"protocol"

means written procedures and guidelines for the practical implementation or application of a management control system;

 

"register"

means an electronic record of all the registered management control systems in terms of regulation 11;

 

"the Act"

means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) as amended;

 

"trademark"

means a trademark as defined by the Trademarks Act, 1993 (Act No. 194 of 1993), and in the context of these regulations also includes a registered trademark, a certification trademark, and a collective trademark as defined in the same Act; and

 

"user"

means any person who uses a claim in connection with the sale and export of certain agricultural products.