Establishment of Statutory Measure and determination of levies on plums (No. R. 788 of 2011)

No.R.788 STAATSKOERANT, 30 SEPTEMBER 2011 MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No 47 OF 1996) No.34632 71 30 September 2011 ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF LEVIES ON PLUMS I, TINA JOEMAT-PETTERSSON, Minister of Agriculture, Forestry & Fisheries, acting under sections 13 and 15 of the Marketing of Agricultural Products Act, 1996 (Act No 47 of 1996), hereby establish the statutory measure set out in the Schedule. T JOEMAT·PETTERSSON, Minister for Agriculture, Forestry & Fisheries. 72 No. 34632 GOVERNMENT GAZETTE, 30 SEPTEMBER 2011 SCHEDULE DeflniUona 1. In this Schedule any word or expression to which a meaning has been assigned In the Act shall have that meaning, and unless the context otherwise indicates "El<porter" means a person who trade plums for export for his own account, or acts as an agent on a commission basis on behalf of plum producers; "Importer" means a person or trader who imports plums for sale on the domestic market. " Municipal Market" means a national fresh produce market as defined from time to time; "Plum Producer" means a producer of plums intended for exports and/or domestic fresh consumption; and "Retailer" means a person who trades fresh plums on a retail level on the domestic market. A person shall have a choice to register as either a producer or an exporter or an Importer or a municipal market or a retailer. A person who Is a producer as well as an exporter or Importer must register as a producer and as an exporter or importer or retailer. Purpose and alma ot statutory measure and the relation thereof to the objectives of the Act 2. The levy is needed by HORTGR05ERvlces to fund research projects, information and technology transfer; plant Improvement and certification functions, market information and statistics; communication; trade related and market access issues, and transformation and training for plums. These measures are necessary to ensure that continuous, timeous and accurate information relating to the plum industry, is available to all role players in order for them to make informed decisions in the spheres as indicated. The measure will not be detrimental to the number of employment opportunities or fair labour practice and will support the statutory measures relating to registration and the rendering of retums applicable to plums. The measure will be administered by HORTGR08ERVJCEB, a company established in terms of the Companies Act (as amended), 1973 (Act 61 of 1973). HORTGR08EFMCEB will Implement and administer the measure as set out in the Schedule within DFPT Finance, a company incorporated under section 21 of the Companies Act (as amended), 1973 (Act 61 of 1973). STAATSKOERANT, 30 SEPTEMBER 2011 No.34632 73 Products to which statutory measure applies 3. This statutory measure shall apply to plums destined for export and/or import and/or domestic fresh consumption. Area In which measure shall apply 4. This measure shall apply In the geographical area of the Republic of South Africa. Imposition or levy 5. A levy is hereby imposed on plums. Amount or levy 6. The amount of the levy shall be: on all export (all classes) and/or import volumes (all classes) and/or domestic volumes (all classes) on municipal markets and retail level. Persons by whom and to whom levy shall be payable 7. (1) The levy imposed under clause 5 shall (a) be payable by a plum exporter on behalf of the producer from which such plums have been procured in respect of all plums exported; (b) be payable by a municipal market on behalf of the producer from which such plums have been procured In respect of all plums sold on that market; (c) be payable by a retailer on behalf of the producer from which such plums have been procured In respect of all plums procured by that retailer, and (d) be payable by an importer on plums for sale on the domestic market. (2) A levy imposed under clause 5 shall be payable to DFPT Finance In accordance with clause 8. Payment of levy 8. (1) Payment of the levy shall be made not later than sixty days following the month end of delivery of a quantity of plums for export, Import or delivery to be sold on a municipal market or via a retailers, or sold via any other manner. 74 No. 34632 (2) GOVERNMENT GAZETTE, 30 SEPTEMBER 2011 Payment shall be made by means of a cheque or electronic transfer in favour of DFPT Finance, and shall (a) when paid by cheque, be addressed to DFPT Finance PO Box 163 PMRL 7620 (b) when electronically transferred, be paid to the bank account obtainable from HORTGROsEJMCes on request. Commencement and period of validity 9. This statutory measure shall come Into operation on the date of publication hereof and will lapse 4 years later.