Sugar Act, 1978 (Act No. 9 of 1978)

Sugar Industry Agreement, 2000

Chapter 5 : Payment for Cane

134 -  139. Cane Testing
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134. The South African Sugar Association shall establish and maintain a Cane Testing Service which—
(a) shall provide an audit function in respect of the determination of the total mass of recoverable value of cane entering each mill in accordance with clause 53; and
(b) may undertake the sampling and laboratory procedures aimed at the determination of the recoverable value of cane delivered by growers to each mill, in respect of which the relevant Mill Group Board has entered into a contract with the South African Sugar Association for the provision of such services.

 

135. The South African Sugar Association shall issue and keep up-to-date a manual called the “Official Methods for the Determination and Distribution of Total Recoverable Value of Cane” (“the Official Methods Manual”) and no amendment shall be effected to the Official Methods Manual, except with the prior written approval of the South African Sugar Association.

 

136. Each mill shall provide and maintain all such measuring equipment as specified by the South African Sugar Association from time to time for the measurement of the mass of cane and mixed juice and any other relevant substance derived from cane, which equipment shall also comply and be maintained in accordance with the Trade Metrology Act, 1973 (Act No. 77 of 1973), if applicable. The mass determinations shall be carried out in accordance with the procedures detailed in the Official Methods Manual.

 

137. The Mill Group Board at each mill shall be responsible for the determination of the total mass of recoverable value of cane entering the mill concerned in terms of clause 53 to the satisfaction of the South African Sugar Association. The South African Sugar Association shall at all times have access to all facilities, data and other information which it deems necessary in order to verify the accuracy of the determination of the total mass of recoverable value of cane entering the mill.

 

138. Should the South African Sugar Association be dissatisfied with the determination of the total mass of recoverable value of cane entering a particular mill, it shall advise the relevant Mill Group Board of its findings and of the steps it requires to be taken to remedy the situation and may order amendments to the results of determinations by the Mill Group Board, with retrospective effect. The Mill Group Board shall implement the requirements of the South African Sugar Association: Provided that should the Mill Group Board or the mill or grower(s) concerned dispute the validity of the steps or the amendments, they shall be entitled to refer the matter to the Administration Board for a ruling.

 

139. Each Mill Group Board shall provide and maintain all equipment, devices, chemicals and other facilities as are necessary to ensure compliance with the Official Methods Manual.