Marketing of Agricultural Products Act: Establishment of Statutory Measure: Registration of producers, processors and exporters of pomegranates (No. R. 1020 of 2015)

This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 OKTOBER 2015 No. 39325 7 Government notices • GoewermentskennisGewinGs Agriculture, Forestry and Fisheries, Department of/ Landbou, Bosbou en Visserye, Departement van DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES NO. R. 1020 23 OCTOBER 2015 1020 Marketing of Agricultural Products Act (47/1996): Establishment of Statutory Measure: Registration of Producers, Exporters and Processors of Pomegranates 39325 DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES No.R. MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996) ESTABLISHMENT OF STATUTORY MEASURE: REGISTRATION OF PRODUCERS, EXPORTERS AND PROCESSORS OF POMEGRANATES . I, SENZENI ZOKWANA, Minister of Agriculture, Forestry & Fisheries, acting under sections 13 and 19 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 pomegranate for export for his own account, or acts as an agent on a commission basis on behalf of producers; “Importer” means a person who imports pomegranates. “Pomegranate” means the fruit of Punica granatum L; “Pomegranate Producer” means a producer of pomegranates intended for fresh fruit exports and domestic fresh consumption, as well as for the production of juice or concentrate; “Processor” means a pomegranate juice or concentrate manufacturer; A person shall have a choice to register as either a producer or an exporter or processor. A person who is a producer as well as an exporter must register as a producer and as an exporter or processor. This gazette is also available free online at www.gpwonline.co.za 8 No. 39325 GOVERNMENT GAZETTE, 23 OCTOBER 2015 Purpose and aims of statutory measure and the relation thereof to the objectives of the Act 2. The purpose and aims of the statutory measure is to compel the parties set out herein to register with POMASA. Registration is necessary to assist POMASA in ensuring that continuous, timeous and accurate information relating to the products as defined, is available to all role players. Market information is deemed essential for all role players in order for them to make informed decisions. By combining compulsory registration with the keeping of information and the rendering of returns on an individual basis, market information for the whole of the industry can by processed and disseminated and will form the basis for the collection of levies where applicable and appropriate. The establishment of the measure would assist in promoting the efficiency of the marketing of pomegranate products. The viability of the pomegranate industry will thus be enhanced. The measure will not be detrimental to the number of employment opportunities or fair labour practice. The measure will be administered by POMASA, a company established in terms of the Companies Act (as amended), 2008 (Act 71 of 2008). POMASA will implement and administer the measure as set out in the Schedule. Products to which statutory measure applies. 3. This statutory measure shall apply to pomegranates intended for export and/or for juice or concentrate processing as well as imported pomegranates. Area in which measure shall apply 4. This measure shall apply in the geographical area of the Republic of South Africa. Registration of parties concerned 5. (1) All producers, exporters of pomegranates and/or processors of pomegranates shall register with POMASA. (2) A person shall have a choice to register as either a producer or exporter or importer or processor. (3) A person who is a producer as well as a processor or exporter shall register as a producer and as exporter or processor. Application for registration 6. Application for registration shall – (1) be made within thirty (30) days of the commencement of this statutory measure, and in the case of a person becoming a party as contemplated in clause 5 after such date of commencement, within thirty (30) days of becoming such a party; (2) be made on the application form obtainable free of charge from POMASA; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 OKTOBER 2015 No. 39325 9 (3) be submitted, when forwarded by post, to – POMASA PO Box 163 PAARL 7620 (4) when delivered by hand, be delivered to – POMASA Main Road 258 PAARL 7646 (5) when sent by telefax, be addressed to – 021-870 2915 (6) when sent by E-mail, addressed to – info@sapomegranate.co.za Commencement and period of validity 7. This statutory measure shall come into operation on 1 January 2016 and will lapse four (4) years later.