Establishment of Statutory Measure and determination of guideline prices: levy on fresh citrus fruit intended for export (No. R. 1007 of 2004)

STAATSKOERANT, 25 AUGUSTUS 2004 NO. 26720 11 No. R. 1007 25 August 2004 MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996) ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF GUIDELINE PRICES: LEVY ON FRESH CITRUS FRUIT INTENDED FOR EXPORT I, Angela Thokozile Didiza, Minister of Agriculture, acting under sections 13 and 15 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), hereby (a) establish the statutory measure set out in the Schedule: and (b) determine that the guideline price for export citrus fruit shall be R2,53 per kg.’ A.T. DIDIZA, MINISTER OF AGRICULTURE. 1 Based on this arnount (the D.1.P return) the levy amounts to 0.84% 12 No. 26720 GOVERNMENT GAZElTE, 25 AUGUST 2004 SCHEDULE Definitions 1. In this Sclhedule any word or expression to which a meanilng has been assigned in the Act shall have that meaning, and unless the context otherwise indicates “CGA” means the Citrus Growers Association of Southern Africa, incorporated +iT7 FT ??der section 21 of the Companies Act, 1973 (Act No. 61 of 1973) with ( 1 j (,.&.L ’.ts regi!?tration numbler 2000/010147/08; “exporter” means an exporter of citrus fruit that exports citrus fruit on behalf of a producer, and inchdes a producer that exports on his own behalf or on behalf of other producers; “export citrus fruit” means fresh citrus fruit intended for export; “producer” meansl a grower of export citrus fruit; and “the Act” means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996). Purpose and aims of statutory measure and the relation thereof to the objectives of the Act 2. The purpose and aim of this statutory measure is to compel thle parties to pay a levy to the CGA. The levy builds on the statutory levy introduc:ed in 2001, and is needed by the CGA for the funding of production research and development, plant improvement, information and statistics and malrket access functions to maintain current and develop new export markets, as well as the transformation of the citrus sector. STAATSKOERANT, 25 AUGUSTUS 2004 No. 26720 13 The measure will not be detrimental to the number of employment opportunities or fair labour practice and will only affect the role players in the citrus industry. On the contrary, the statutory measure aims to maintain the position of South Africa as one of the largest producers of fresh citrus in the world. The measure will be administered by CGA, a company incorporated under section 21 of the Companies Act, 1973. Product to which statutory measure applies 3. This statutory measure shall apply to all export citrus fruit. Area in which statutory measure shall apply , 4. This statutory measure shall apply within the geographical area of the Republic of South Africa. Imposition of levy 5. A levy is hereby imposed on export citrus fruit. Amount of levy 6. The levy shall amount to RO, 0213 per kilogram for export citirus fruit , Persons by whom and to whom levy is payable. 7. The levy imposed in terms of clause 5 shall (a) be payable by producers; (b) be payable in the manner set out in clause 8. 14 No. 26720 GOVERNMENT GAZETTE, 25 AUGUST 2004 8. ( I ) Payment of the levy must be made on behalf of a producer by the exporter of the citrus fruit concerned: Provided that (a) if the amount of the levy has been paid by the exporter of the citrus fruit concerned, he or she may deduct the amount thereof from any monies owed to the producer concerned or collect such amount from the producer concerned; and (b) an exporter shall be entitled to retain an administration fee of 1% of the levy thus deducted or collected in terms of subclause (l)(a) for his or her own account. (2) Payment shall be made no later than thirty days after the citrus fruit has been approved for export in terms of the Agricultural Product Standards Act by means of a cheque or electronic transfer in favour of CGA, and shall when forwarded by post, be addressed to CGA P 0 Box 460 Hillcrest 3650 (b) when delivered by hanc 1, be delivered to CGA 30 Old Main Road Hillcrest STAATSKOERANT, 25 AUGUSTUS 2004 No. 26720 15 '(c) when electronically transferred, be transferred tl3 Citrus Growers Association Bank : Standard Bank Branch: Hillcrest Branch number : 045726 Account number : 250783924 Use of levy 9. The Minister approves that (a) at least 80% of the levy funds should be used for the {core business e.g. research; (b) no more than 10% for administrative use; and (c) at least 10% be allocated towards transformation. Commencement and period of validity I O . This statutory measure shall come into operation on the date of publica,tion hereof and shall lapse four years later.