Establishment of Statutory Measure and determination of market development/consumer education levies on apples and pears (No. R. 148 of 2012)

4 No.35074 GOVERNMENT GAZETTE, 2 MARCH 2012 GOVERNMENT NOTICES DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES No. R. 148 MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No 47 OF 1996) 2 March 2012 ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF MARKET DEVELOPMENT I CONSUMER EDUCATION LEVIES ON APPLES AND PEARS I, Tina Joemat-Pettersson, Minister for Agriculture, Forestry and 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 attached Schedule. TINA JOEMAT -PETTERSSON, Minister for Agriculture, Forestry and Fisheries. STAATSKOERANT, 2 MAART 2012 No.35074 5 SCHEDULE Definitions 1. In this Schedule any word or expression to whiqh a meaning has been assigned in the Act shall have that meaning, and unless the context otherwise indicates "The Act" means the Marketing of Agricultural Products Act, 1996 (Act No 47 of 1996}; "Apple Producer" means a producer of apples intended for exports; "Exporter" means a person who trade apples and pears for export for his own account, or acts as an agent on a commission basis on behalf of apple and pear producers; and "Pear Producer'' means a producer of pears intended for exports . ... " ... '+ A person shall have a choice to register as either a producer or an exporter. A person who is a producer as well as an exporter must register as a producer and as an exporter. Purpose and aims of statutory measure and the relation thereof to the objectives of The Act 2. The levy is needed by the South African Apple and Pear Producers' Association (SAAPPA} to fund a market development and consumer education campaign for export apples and pears. This measure is necessary to generate producer funding for a market development and coosumer education campaign. The measure will not be detrimental to the number of employment opportunities or fair labour practice and will support the statutory measures 8 No.35074 GOVERNMENT GAZETTE, 2 MARCH 2012 relating to registration and the rendering of returns applicable to apples and pears. The measure will be administered by HORTGRoservices HORTGROservices will implement and administer the measure as set out in the Schedule on behalf of DFPT Finance, a company incorporated under section 21 of the Companies Act, 1973 (Act 61 of 1973). Products to which statutory measure applies. 3. This statutory measure shall apply to all apples and pears destined for export. 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 export apples and pears (all classes). Amount of levy 6. The amount of the levy (VAT excluded) per standard 12,5 Kg carton or the equivalent rate per kilogram on all other sizes of export (all classes) cartons of apples and pears, shall be as follows: • R0.30 for 2012, • R0.32 for 2013, • R0.35 for 2014, and • R0.35 for 2015. STAATSKOERANT, 2 MAART 2012 No.35074 7 Persons by whom and to whom levy shall be payable 7. (1) The levy imposed under clause 5 shall be payable by an apple and pear producer or exporter on behalf of the producer from which such apples or pears have been procured in respect of all apples and pears exported; and (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 apples and pears for export. (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 {b) when electronically transferred, be paid to the bank account obtainable from HORTGROServlces 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 (four) years later.