Establishment of Statutory Measure and determination of levies on pears (No. R. 606 of 2015)

This gazette is also available free online at www.gpwonline.co.za 24 No. 39375 GOVERNMENT GAZETTE, 6 NOVEMBER 2015 DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES NO. R. 606 06 NOVEMBER 2015 606 Marketing of Agricultural Products Act (47/1996): Establishment of Statutory Measure and Determination of Levies on Pears 39375 DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES No.R. MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996) ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF LEVIES ON PEARS I, SENZENI ZOKWANA 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. SENZENI ZOKWANA, Minister of Agriculture, Forestry & Fisheries. SCHEDULE Definitions 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 – “Exporter” means a person who trade pears for export for his own account, or acts as an agent on a commission basis on behalf of pear producers; “Municipal Market” means the national fresh produce markets as defined from time to time; “Pear Producer” means a producer of pears intended for exports and/or fresh domestic consumption; and “Retailer” means a person who trades pears on a retail level on the domestic market. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 6 NOVEMBER 2015 No. 39375 25 A person shall have a choice to register as either a producer or an exporter or municipal market or retailer. A person who is a producer as well as an exporter must register as a producer and as an exporter or retailer. Purpose and aims of statutory measure and the relation thereof to the objectives of the Act 2. The levy is needed by HORTGRO to fund research projects, information and technology transfer; plant improvement functions and certification; market information and statistics; communication; trade and market access; and transformation and training for pears. These measures are necessary to ensure that continuous, timeous and accurate information relating to the pear 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 returns applicable to pears. The measure will be administered by HORTGRO, a company established in terms of the Companies Act (as amended), 2008 (Act 71 of 2008). HORTGRO will implement and administer the measure as set out in the Schedule within DFPT Finance, a non profit company incorporated in terms of the Companies Act (as amended), 2008 (Act 71 of 2008). Products to which statutory measure applies. 3. This statutory measure shall apply to pears destined for export 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 of levy 5. A levy is hereby imposed on pears. This gazette is also available free online at www.gpwonline.co.za 26 No. 39375 GOVERNMENT GAZETTE, 6 NOVEMBER 2015 Amount of levy 6. The amount of the levy shall be: 2015/16 2016/17 2017/18 2018/19 Fresh – Export & Domestic 4,0 c/Kg 4,25 c/Kg 4,5 c/Kg 4,75 c/Kg Fresh - Exports 2,8 c/Kg 2,8 c/Kg 2,8 c/Kg 2,8 c/Kg on all pears on export (all classes) and/or domestic volumes on municipal markets and retail level (all classes); Persons by whom and to whom levy shall be payable 7. (1) The levy imposed under clause 5 shall – (a) be payable by an pear exporter on behalf of the producer from which such pears have been procured in respect of all pears exported; (b) be payable by a municipal market on behalf of the producer from which such pears have been procured in respect of all pears sold on that market; and (c) be payable by a retailer on behalf of the producer from whom such pears have been procured in respect of pears procured by the retailer. (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 (60) days following the month end wherein a quantity of pears was delivered for export or for sale on a municipal market of via a retailer, or sold via any other method. (2) 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 PAARL 7620 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 6 NOVEMBER 2015 No. 39375 27 (b) when electronically transferred, be paid to the bank account obtainable from HORTGRO 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.