Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996)NoticesEstablishment of Statutory Measure : Determination of Guideline Prices and Levies relating to Potatoes9. Payment of levy |
| (1) | For the purpose of determining levies payable by a potato producer in terms of clause 8(1)(a)— |
| (a) | the levies concerned shall be payable upon the purchase of packaging material from a packing material manufacturer or packaging material importer; |
| (b) | the packaging material manufacturer or packaging material importer shall collect the levy by adding the amount thereof to the price of the packaging material, calculated by multiplying the levy amounts set out in clause 7 ("A") by the capacity of the packaging material purchased expressed in kilogram ("B"), multiplied by the quantity of the packaging material purchased ("C") (A x B x C); |
| (c) | the packaging material manufacturer or packaging material importer shall provide a return to the Administrator, setting out the names and addresses of the persons who purchased packaging material during the previous calendar month, together with the capacity and quantities of packaging material thus purchased and levies thus raised, within twenty days after the end of that calendar month; |
| (d) | The Administrator shall upon receipt of a return in terms of paragraph (c) invoice the packaging material manufacturer or packaging material importer for indicating the amount of the levies due, as well as the amount of the commission that the packaging material manufacturer or packaging material importer is entitled to retain upon remittance of that invoice, which retention amount shall not exceed 2% (two percent) of the levies due; and |
| (e) | the packaging material manufacturer or packaging material importer shall fully pay an invoice referred to in paragraph (d) before or on the seventh day of the month following receipt hereof. |
| (2) | Any levies raised and collected by the packaging material manufacturer or packaging material importer in terms of subclause 9(1)— |
| (a) | must be kept separate from and does not inherently form part of the price paid for the packaging material; |
| (b) | must be kept separate from any other funds or assets under the control or possession of the packaging material manufacturer or packaging material importer; |
| (c) | does not form part of the assets of the packaging material manufacturer or packaging material importer and may not in any other manner be pledged, ceded or otherwise utilised for security or in any manner laid claim to by the creditors of the packaging material manufacturer or packaging material importer; and |
| (d) | may only be remitted to the Administrator. |
| (3) | In the event that packaging material purchased and paid for is destroyed or lost prior to being utilised, the Administrator shall upon the provision of satisfactory evidence refund the applicable amounts directly to the purchaser concerned. |
| (4) | Nothing in this clause shall detract from the obligation of the producer to pay levies in the event that potatoes are delivered in bulk or by any means other than by utilising packaging material for packing, processing or for sale, or sold or exported, and in such event the levies due shall be paid as follows: |
| (a) | the processor shall collect the levy by subtracting the amount thereof from the payment due to the potato producer for potatoes delivered to the processor, calculated by multiplying the levy amounts set out in clause 7 ("A"), by the volume delivered expressed in kilogram ("B"), (A x B); |
| (b) | the pre-packer, traders and/or exporters, shall collect the levy by subtracting the amount thereof from the payment due to the potato producer for potatoes delivered to the pre-packer, traders and/or exporters, calculated by multiplying the levy amounts set out in clause 7 ("A"), by the volume delivered expressed in kilogram ("B"), (A x B); |
| (c) | the processors, pre-packers, traders and exporters, shall provide a return to the Administrator, setting out the names and addresses of the persons who delivered potatoes during the previous calendar month, together with the volumes, within twenty days after the end of that calendar month; |
| (d) | the Administrator shall upon receipt of a return in terms of paragraph (c), invoice the processors, pre-packers, traders and exporters for indicating the amount of the levies due, as well as the amount of the commission that the processors, pre-packers, traders and exporters is entitled to retain upon remittance of that invoice, which retention amount shall be as per agreement, of the levies due; and |
| (e) | the processors, pre-packers, traders and exporters shall fully pay an invoice referred to in paragraph (d) before or on the seventh day of the month following receipt hereof. |
| (5) | For the purpose of levies payable in terms of clause 8(1)(b) by a potato importer, the levies due shall— |
| (a) | be calculated by multiplying the levy amounts set out in clause 7 ("A") by the volume imported, expressed in kilogram ("B") (A x B); and |
| (b) | be paid by the potato importer concerned to the Administrator not later than the seventh day of the month following the month of import. |
| (6) | Payment in terms of this clause must be made— |
| (a) | by cheque with the beneficiary and other particulars as indicated by the Administrator; or |
| (b) | directly into the bank account indicated by the Administrator. |
| (7) | Interest on levy payments in arrears shall be charged at the prime lending rate then in force, plus 2% (two percent). |