Government Notice no. R 3191 of 2023. Establishment of Levy and Determination of Guideline Prices: Levies relating to imported meat and poultry

This gazette is also available free online at www.gpwonline.co.za 16 No. 48293 GOVERNMENT GAZETTE, 24 MARch 2023 DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT NO. R. 3191 24 March 2023 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 24 MAART 2023 No. 48293 172 SCHEDULE 1. DEFINITIONS 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 indicates otherwise – “Authorised official” means any official in the employment of SARS overseeing the importation of goods into the Republic of South Africa including any border official or official involved in Custom and Excise duties; “DALRRD” means the National Department of Agriculture, Land Reform, and Rural Development; “Importer” means any person intending to or that has imported meat or poultry meat and/or products into the Republic of South Africa; “Import permit” means an import permit issued under the Meat Safety Act 2000 (Act No .35 of 1984) by or on behalf of DALRRD; “Issuing officer” means a person authorised to issue a permit for the import of red Meat and red meat products or poultry meat or poultry products under the Animal Disease Act, 1984 (Act No. 35 of 1984); “Levy Administrator” means the Association of Meat Importers and Exporters, the juristic person with the implementation, administration, and enforcement of the statutory levy established in this notice; “Person” includes natural and juristic persons, partnerships, trusts, associations, co operatives, and any other bodies, institutions, or establishments, whether incorporated or not; This gazette is also available free online at www.gpwonline.co.za 18 No. 48293 GOVERNMENT GAZETTE, 24 MARch 20233 “Poultry meat” means any carcass or part of a slaughtered and skinned poultry bird fresh or frozen; “Meat" means any carcass or part of a slaughtered and skinned designated animal fresh or frozen which has not undergone any processing other than deboning, portioning, dicing, mincing, cooling, or freezing; “MDM” means Mechanically Deboned Meat; “SARS” means the South African Revenue Services; “the Act” means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended. 2. PURPOSE AND AIMS OF THE STATUTORY MEASURE This statutory measure is required by the meat importing industry to finance the following functions, namely (a) Transformation in the import and export of the meat sector; (b) Development and retention of markets including export promotion of SA Beef, Pork, Lamb, and Poultry; (c) Research and Development/ Consumer Education; (d) Quality Control and Consumer Assurance; and (e) Administration and operations. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 24 MAART 2023 No. 48293 194 The levy is not detrimental to any of the objectives of the Act and, in particular, shall not be detrimental to the number of employment opportunities or fair labour practice in the meat importing industry. This statutory measure shall be administered by the levy administrator, who may appoint another service provider if and when necessary to assist them with the collection of the statutory levy. The latter shall act in terms of the mandate and on behalf of the Association of Meat Importers and Exporters. This statutory measure is necessary to finance the above-mentioned functions and the levy shall be utilised in accordance with the levy application. The Auditor-General shall also be responsible for auditing the statutory levies collected. 3. EMPLOYMENT OF STATUTORY LEVIES It is hereby determined that in respect of levies collected – a) approximately 70% of the funds shall be used for functions relating to the development and retention of markets including export promotion of SA Beef, Pork, Lamb, and Poultry; research and development/ consumer education and assurance; quality control and consumer assurance; b) at least 20% of the funds shall be used for business development (transformation); and c) not more than 10% of the funds shall be used for corporate governance (administration cost). This gazette is also available free online at www.gpwonline.co.za 20 No. 48293 GOVERNMENT GAZETTE, 24 MARch 2023 5 4. PRODUCT TO WHICH THE STATUTORY MEASURE APPLIES This statutory measure shall apply to all beef, lamb, pork, poultry meat, and MDM imported into South Africa. 5. AREA IN WHICH STATUTORY MEASURE APPLIES This statutory measure shall apply within the geographical area of the Republic of South Africa. 6. DETERMINATION OF GUIDELINE PRICE The guideline price is determined as follows: a) Beef imported average price R22,61 per kg. b) Pork imported average price R33.12 per kg. c) Lamb imported average price R32.39 per kg. d) Poultry meat average price R20.00 per kg. e) MDM average price R12.00 per kg. 7. IMPOSITION OF THE LEVY A levy on imported meat, poultry meat, and MDM imported is hereby imposed as follows: Imported meat and poultry products Proposed new levy (Excluding VAT) 2023/24 2024/25* 2025/26* 2026/27* Levy 1c/kg 1,05c/kg 1,10c/kg 1,15c/kg *Escalation of 5% from second year of the four-year statutory levy period This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 24 MAART 2023 No. 48293 216 The levy is payable to the Levy Administrator prior to being issued with an import permit. The levy receipt number is to be submitted with the permit application to the issuing officer. 8. PERSONS BY WHOM LEVY IS PAYABLE The levy imposed in terms of this notice shall be payable by the importer of meat, poultry meat, and MDM to the Levy Administrator prior to the issuance of an import permit. 9. PAYMENT AND ENFORCEMENT OF LEVY (1) The levy shall be paid to the Levy Administrator. Payments shall be made by means of an electronic bank transfer to the account number obtainable from the levy administrator. (2) The implementation, administration, and enforcement of the statutory measure established in this regulation are entrusted to the Levy Administrator in terms of sections 14 and 15 of the Act. 10. COMMENCEMENT AND PERIOD OF VALIDITY This statutory measure shall come into effect on the date of publication and will lapse four years later.