Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)Regulations2026 RegulationsRegulations relating to the Management Control System in respect of the Sale and Export of certain Agricultural Products - effective September 20264. Application for registration of a management control system |
| (1) | An application for registration of a management control system shall be submitted electronically to the Executive Officer at least in English by an applicant: Provided that an application for registration shall not be considered in instances where the proposed management control system— |
| (a) | is identical to an existing claim for the same method of production associated with an agricultural product or a group of agricultural products. |
| (b) | falsely communicates to the consumer that the agricultural product concerned is produced according to a management control system although its quality, reputation, or other characteristic is attributable to another method of production. |
| (c) | is not supported by underlying protocols. |
| (d) | is identical to a customary name of a plant variety or animal breed and is likely to mislead the consumer as to the true claim of a method of production. |
| (e) | is wholly or partially homonymous with an existing claim and is likely to mislead consumers : Provided that the Executive Officer may consider the registration of a homonymous name as a claim by taking into account the need to ensure— |
| (i) | the equitable treatment of the applicant of the management control system associated with an agricultural product(s) concerned to which the claim relates; |
| (ii) | that there is a clear distinction between the use of the homonymous name registered subsequently and the use of the name already entered in the Register; and |
| (iii) | that consumers are not misled about the true claim for a method of production of the agricultural product concerned; |
| (f) | is identical or similar to the name of a trademark used in the Republic of South Africa on the same or similar agricultural product(s): Provided that the Executive Officer may register a claim that is identical or similar to a trademark if— |
| (i) | the owner of the trademark has consented to its registration as a claim; or |
| (ii) | he or she has considered that the proposed claim may co-exist with the trademark, taking into account at least the following factors: |
| (aa) | the proposed claim history of use in good faith in the Republic of South Africa; and |
| (bb) | the legitimate interests of the owner of the trademark and third parties; |
| (iii) | notwithstanding provisions of subparagraph (i) and (ii) the use of a trademark identical or similar to the management control system shall comply with the protocols under the said management control system. |
| (2) | An application referred to in sub-regulation (1) shall at least include the information specified below: |
| (a) | The following information regarding the applicant: |
| (i) | name of the applicant and contact details (i.e. physical address, e-mail address, and cellular phone/telephone number). |
| (ii) | details about the applicant's business interests. |
| (b) | The proposed management control system to be registered shall be in English. |
| (c) | Proof that the proposed management control system and incidental claim/s thereof— |
| (i) | is distinctively associated with a method of production; |
| (ii) | does not correspond with the customary name of a plant variety or an animal breed that is likely to mislead the consumer as to the true claim for a method of production associated with the sale and/or export of certain agricultural products; and |
| (iii) | subject to regulation 4(1)(f), the claim is not identical or similar to the name of a trademark used in the Republic of South Africa on the same or similar agricultural products. |
| (d) | The following specifications regarding the agricultural product: |
| (i) | The type of agricultural product. |
| (ii) | A description of the agricultural product's main physical, chemical, microbiological, and organoleptic (where applicable) characteristics: Provided that existing quality or compositional requirements prescribed in the regulations published under the Act for the agricultural product concerned shall be always taken into consideration. |
| (iii) | A detailed description of a protocol associated with a management control system. |
| (iv) | Proof that the agricultural product is produced according to protocol associated with a management control system which shall include the history of the product and its traceability. |
| (e) | A definition of a management control system concerned . |
| (3) | An application referred to in sub-regulation (1) may in addition also include the following information: |
| (a) | Specific elements about the labelling or rules regarding the use of the claim of the proposed method of production: Provided that the existing labeling requirements and restrictions prescribed in the regulations published under the Act for the agricultural product concerned shall still be complied with. |
| (b) | Specific elements of the packaging, where the applicant can justify that the packaging is necessary to ensure product quality and guarantee traceability or control. |
| (c) | A description of production, processing, and handling practices. |
| (d) | A description of cleaning, disinfection, and sanitizing practices. |
| (e) | A detailed list of prohibited substances and or practices. |
| (4) | The applicant for a management control system registration shall provide a summary of the critical elements that will be used by the assignee for the management control system concerned to verify compliance during auditing. |