Regulation establishing a statutory measure and determination levies on plums (R. 1057 of 2006)

No. 29320 3 STAATSKOERANT, 27 OKTOBER 2006 GOVERNMENT NOTICES No. R. 1057 DEPARTMENT OF AGRICULTURE DEPARTEMENT VAN LANDBOU 27 October 2006 MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF LEVIES ON PLUMS I , Lulama Minister for Agriculture, acting under sections 13 and of the Marketing of Agricultural Products Act, 1996 (Act No 47 of hereby establish the statutory measure set out in the Schedule. L. XINGWANA Minister for Agriculture GOEWERMENTSKENNISGEWINGS Xingwana, 15 1996), 4 No. 29320 GOVERNMENT GAZETTE, 27 OCTOBER 2006 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 plums for export for his own account, or acts as an agent on basis on producers; Municipal Market” means a national fresh produce market as defined from time to time; “Plum Producer” means a producer of plums intended for exports and/or domestic fresh consumption; and “Retailer” means a person who trades fresh plums on a retail level on the domestic market. A person shall have a choice to register as either a producer or an exporter or a municipal market or a 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 the Deciduous Fruit Producers’ Trust (DFPT) to fund research projects, information and technology transfer; plant improvement and certification functions, market information and statistics; communication and market development; trade related and market access issues, and transformation and training for plums. These measures are necessary to ensure that continuous, timeous and accurate information relating to the plum 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 plums. The measure will be administered by DFPT, a trust established in terms of section of the Trust Property Control Act, 1988 (Act 57 of 1988). DFPT 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). a commission behaif of pium 6(1) No. 29320 5 STAATSKOERANT, 27 OKTOBER 2006 Products to which statutory measure applies. 3. This statutory measure shall apply to-plums destined for export and/or domestic fresh consumption. Area in which measure apply This measure shall the of South Africa. Imposition of levy 5. A levy is hereby imposed on plums. Amount of levy 6. The amount of the levy shall be: a) on all exported volumes (all classes); and b) on domestic volumes (all classes) on municipal markets and retail level. Persons by whom and to whom levy shall be payable 7. (1) The levy imposed under clause 5 shall (a) (b) be payable by a plum exporter on behalf of the producer from which such plums have been procured in respect of all plums exported; be payable by a municipal market on behalf of the producer from which such plums have been procured in respect of all plums sold on that market; and be payable by a retailer on behalf of the producer from which such plums have been procured in respect of all plums procured by that retailer. (c) (2) A levy imposed under clause 5 shall be payable to DFPT Finance in accordance with clause 8. Payment of levy 8. Payment of the levy shall be made not later than sixty days following the month end of delivery of a quantity of plums for export or delivery to be sold on a municipal market or via a retailers, or sold via any other manner. (2) Payment shall be made by means of a cheque or electronic transfer in favour of DFPT Finance (1) 8,5c/kg Sc/Kg shall appl'lJn geographicaLarea of the Republic 6 No. 29320 GOVERNMENT GAZETTE, 27 OCTOBER 2006 (a) when paid by cheque, be addressed to DFPT Finance PO Box 163 PAARL 7622 (b) when electronically transferred, be paid to bank account obtainable request. Commencement and period of validity 9. This statutory measure shall come into operation on the date of publication and on 30 September 2007. the from OFPTon hereof lapse