Government Notice no. R 3223 of 2023. Establishment of Statutory Measure. Records and Returns in respect of Berries, Citrus Fruit, Dried Grapes, Pome Fruit, Stone Fruit, Subtropical Fruit and Table Grapes

This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2023 No. 48340 13 DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT NO. R. 3223 31 March 2023 Government notices • GoewermentskennisGewinGsDEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT No.R. MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No 47 OF 1996) ESTABLISHMENT OF STATUTORY MEASURE - RECORDS AND RETURNS IN RESPECT OF BERRIES, CITRUS FRUIT, DRIED GRAPES, POME FRUIT, STONE FRUIT, SUBTROPICAL FRUIT AND TABLE GRAPES I, Angela Thokozile Didiza, Minister for Agriculture, Land Reform and Rural Development, acting under sections 13 and 18 of the Marketing of Agricultural Products Act, 1996 (Act No 47 of 1996), hereby establish the statutory measure set out in the Schedule hereto. MRS AT DIDIZA, MLP MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT This gazette is also available free online at www.gpwonline.co.za 14 No. 48340 GOVERNMENT GAZETTE, 31 MARch 2023 2 SCHEDULE Definitions 1. In this Schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning, unless the context indicates otherwise – “Berries” means Blueberries, Blackberries, Raspberries and all hybrids of these. “Berries ZA” is the grower association representing the Berry Growers. “CGA” means Citrus Growers Association of Southern Africa. “Citrus Fruit” means oranges, lemons, limes, kumquats, grapefruit, pummelos, soft citrus and all hybrids of these. “Depot” means a facility that manages stock (for the purposes of Agri-Hub the stock is fruit that has been packed into cartons or bins) or an empty container facility. “eCert” means Electronic Phytosanitary Certification System. “Exporter” means a person who trades fruit for export for his own account, or acts as an agent on a commission basis on behalf of fruit growers. ”FPEF” means Fresh Produce Exporters Forum. “Fruit” refers to berries, citrus fruit, dried grapes, pome fruit, stone fruit, subtropical fruit and table grapes. “Grapes” means table grapes and dried grapes. “Grower” means a grower of fruit intended for exports. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2023 No. 48340 15 3 “Hortgro” is the grower association representing the pome and stone fruit growers. “Importer” means a person or trader who imports fruit for sale on the domestic market. “ISP” means Information Service Provider. “Municipal Markets” means the national fresh produce markets as defined from time to time. “Packhouse” means a facility where fruit is packed prior to distribution. “Pome Fruit” means apples, pears and all hybrids of these. “PPECB” means Perishable Products Export Control Board. “Retailer” means a person who trades fruit on a retail level on the domestic market. “SATI” means South African Table Grape Industry. “Shipping Line” means a company that handles all the commercial activities of the shipping line from load port to discharge port. “Stakeholders” mean market participants which are the growers, packhouses, depots, shipping lines, air lines, logistic service providers, ISPs and exporters. “Stone Fruit” means peaches, plums, apricots, nectarines, cherries and all hybrids of these. “Subtrop” means the South African Subtropical Growers Association. This gazette is also available free online at www.gpwonline.co.za 16 No. 48340 GOVERNMENT GAZETTE, 31 MARch 2023 4 “Subtropical Fruit” means avocados, litchis, mangos, bananas, kiwi and all hybrids of these. "The Act" means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996) as amended. A person shall have a choice to register as a grower or an exporter or municipal market or retailer or processor. A person who is a grower as well as an exporter must register as a grower and as an exporter or retailer. Purpose and aims of statutory measure and the relation thereof to the objectives of the Act 2. The purpose and aims of this statutory measure are to compel exporters and growers of fruit to keep records and furnish returns to Agri-Hub either directly or by instruction to their supply chain service providers. These shall also include any person e.g. a grower / exporter who acts in the capacity of the aforementioned persons. The statutory measure is deemed necessary in order to ensure that market information in respect of fruit is made available to all role-players in the relevant industry. Information gathered by Agri-Hub by means of records and returns is disseminated freely in the marketplace. Therefore, through the mandatory supply of electronic data on an individual basis, market information for the whole of the country can be processed and made available. This measure is necessary to ensure that continuous, timeous and accurate information relating to the fruit industry is available to all role-players in order for them to make informed decisions. This statutory measure will not only assist in improving market access for all market participants, but it should also assist in promoting the efficiency of the marketing of fruit. Furthermore, the market information obtained in this manner, will promote the viability of the fruit industry and the agricultural sector at large. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2023 No. 48340 17 5 The statutory measure is administered by Agri-Hub. Agri-Hub was specifically established for the purpose of handling information gathering, processing and dissemination on behalf of the various fruit industry role-players in South Africa. Agri-Hub makes macro generic market information available to the grower associations and other interested parties. This information is obtained and furnished from the returns submitted to Agri-Hub. The information is published in a manner that is suitable to reach the majority of the role-players in the fruit industry. Agri-Hub is an independent registered company with equal shareholding (12.5%) between CGA, Hortgro, SATI, (representing the grower associations), FPEF (representing the exporters), Dipar, Farsoft, Paltrack and Prophet (representing the ISPs). Agri-Hub was established as a result of a growing need for reliable export information in the grower and exporter community. This resulted in a grouping of interested parties i.e. those involved in the fruit export industry plus PPECB to establish Agri-Hub after much deliberation and legal consultation. The grower organisations, FPEF and PPECB funded the initial start-up. The purpose of Agri-Hub is to provide the grower organisations and FPEF with the export statistical information they require for their member base. The on-going cost associated with Agri-Hub is primarily funded by the CGA, Hortgro, SATI and FPEF. Products to which the statutory measure applies 3. This statutory measure shall apply to: (a) Berries (b) Citrus fruit (c) Dried grapes (d) Pome fruit This gazette is also available free online at www.gpwonline.co.za 18 No. 48340 GOVERNMENT GAZETTE, 31 MARch 2023 6 (e) Stone fruit (f) Subtropical fruit (g) Table grapes Area in which measure shall apply 4. This measure shall apply within the geographical area of the Republic of South Africa. Records to be kept by stakeholders of the fruit industry 5. Stakeholders are required to make available a copy of their data via the industry standard transmission files, namely the Dispatch transmission (PO) files, the Mates transmission (MT) files, Stock transmission (PS) files, Intake Transmission (PI) files, Railings Transmission (RL) files and industry standard APIs. These files are created by the systems that the stakeholders are using. The data delivery mechanism will be reviewed from time to time and communicated to all stakeholders 6 (six) months prior to implementation. The following information is required: (1) For reporting purposes (a) Commodity (b) Variety (as approved by PPECB) (c) Actual variety (cultivar) (d) Size/count (e) Grade (f) Class (g) Pack (h) Product group (i) Product characteristics (j) Target market (k) Inventory code (l) Inner packaging (punnet, bag, loose) (m) Protocol exception indicator (e.g. Smartfresh) (n) Stock pool This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2023 No. 48340 19 7 (o) Channel (fruit destined for local or export markets) (p) Season (the season in which the fruit falls) (q) Mass (nett weight of the fruit in the pallet) (r) Pallet quantity (s) Carton quantity (t) VGM (verified pallet mass) (u) Container size (20 or 40) (v) Pallet base type (w) Stacking variance (units per pallet factor) (x) Country of origin (y) Target region (z) Target country (aa) Pack date (ab) Original intake date (ac) Intake date (ad) Original inspection date (ae) Inspection date (af) Inspection point (ag) Ship name cons type, cons date (ah) Voyage number (ai) Sail date (shipped date) (aj) Load port (ak) Discharge port (al) Transport (air, sea or land) (am) Load date (stuff date) (an) Final destination (ao) Steri flag (ap) Temperature device (aq) Temperature device type (ar) Temperature (regime code) (as) Phyto data (at) Pallet treatment (post harvest treatment) This gazette is also available free online at www.gpwonline.co.za 20 No. 48340 GOVERNMENT GAZETTE, 31 MARch 2023 8 (2) For data validation, removal of duplicates and derived data (a) Source system (b) Pallet identification (SSCC) (c) Organisation (d) Container Number (if the pallets loaded in containers) (e) Air waybill number (f) Shipping Line (carrier agent / commercial) (g) Shipping Line (vessel agent / operator) (h) Original depot (i) Location code (j) Farm code (PUC) (k) Orchard (l) Packhouse code (PHC) (m) Consignment number Returns to be rendered by stakeholders of the fruit industry 6. (a) Stakeholders are required to send to Agri-Hub a copy of their data via the industry standard transmission files, namely the Dispatch transmission (PO) files, the Mates Transmission (MT) files, the Stock Transmission (PS) files, the Intake Transmission (PI) files, the Railings Transmission (RL) files and industry standard APIs. The data delivery mechanism will be reviewed from time to time and communicated to all stakeholders 6 (six) months prior to implementation. (b) The transmission files must be sent to Agri-Hub after they have been created to prevent any time delays in Agri-Hub receiving the data. (c) The returns shall be submitted electronically and shall be sent to the FTP address provided by Agri-Hub to the participant. (d) The Transmission Files and APIs may be amended over time. Commencement and period of validity 7. This statutory measure shall come into operation on the date of publication and will lapse four (4) years later.