Regulations relating to the quality, grading, packing and marking of tomatoes intended for sale in the Republic of South Africa (No. R. 1072 of 2003)

Government Gazette REPUBLIC OF SOUTH AFRICA Regulation Gazette No. 7728 Vol. 458 Pretoria 1 August 2003 No. 25245 AIDS HELPLINE: 0800-0123-22 Prevention is the cure No. R. 1072 STAATSKOERANT, 1 AUGUSTUS 2003 GOVERNMENT NOTICES GOEWERMENTSKENNISGEWINGS DEPARTMENT OF AGRICULTURE DEPARTEMENT VAN LANDBOU AG RI CULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990) No. 25245 3 1 August 2003 REGULATIONS RELATING TO THE QUALITY, GRADING, PACKING ANO MARKING OF TOMATOES INTENDED FOR SALE IN THE REPUBLIC OF SOUTH AFRICA The Minister of Agriculture has, under section 15 of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) (a) made the regulations in the Schedule; (b) determined that the said regulations shall come into operation on date of publication; and (c} read together with section 3(2) of the said Act, repealed the regulations published by Proclamation Nos. R. 1977 of 7 September 1984, R. 2854 of 29 December 1989, Government Notices Nos. R. 1978 of 7 September 1984, and R. 602 of 30 March 1984 with effect from the date of commencement. SCHEDULE Definitions 1. In these regulations any word or expression to which a meaning has 'been assigned in the Act shall have that meaning and, unless the context otherwise indicates, "blemishes" means any mark on the outer wall of the tomato which adversely affects the appearance thereof; ' · ' · · "bruises" means any pressure wound which affect the quality of tomatoes detrimentally; "carrier container"means a container in which more than one consumer package of tomatoes are packed; "chemical residues" means residues of agricultural remedies which in terms of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947}, are per missible for the treatment of pests and diseases and which do not exceed the prescribed maximum residue limit; "class" means a class referred to in regulation 3; "classified tomatoes" means tomatoes which have been classified according to the classes specified in these regulations and of which the container is marked with a class designation or other designation indicating that the tomato is of a particular class or possesses particular quality properties; "consignment" means (a) a quantity of tomatoes of the same class belonging to the same owner which is deli vered at any one time under cover of the same consignment note, delivery note or receipt note, or is delivered by the same vehicle, or 4 No.25245 (b) GOVERNMENT GAZETTE, 1 AUGUST 2003 if such quantity is subdivided into different size groups or cultivars, each quantity of each of the different size groups or cultivars; "decay" means a state of decomposition, fungus development or insect infestation which partly or completely affect the quality of the tomato detrimentally, is visually noticeable; "diameter" means the greatest transverse measurement of a tomato, measured at right angles to a line running from the stem-end to the apex of the tomato; "firm" means a stage of development at which the flesh of the tomato is firm enough to withstand normal commercial handling; "foreign matter" means any matter which does not naturally form part of tomatoes and is visually noticeable thereon; "Injury" means a wound or puncture which exposes the flesh of the tomato, excluding a wound or puncture which has healed completely or has calloused; . "Inspector" means the Executive Officer or an inspector under his control or an Assignee or an employee of an Assignee; · "malformed" means that the shape of a tomato is not typical of the cultivar concerned; . "size group• means a size group referred to in item 18 of Table 1; "the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); "tomatou means the unprocessed fruit of the plant Lycopersicon /ycopersicum (L.) Karsten ex. Farwell intended for human consumption and includes all cultivars, varieties and commercial types; "unclassified tomatoes" means tomatoes which have not been classified according to the classes specified in these regulations and the quality specifications in Table 1, and of which the con tainer is marked with a designation to indicate that no definite class or grade has been applied to the container; and "unprocessedn means that the tomatoes have not been cooked, peeled, dried or processed in any other way, excluding normal sorting, grading, packing or cleaning practices; "unspecified defects" means any defects caused by physiological or non-physiological factors affecting the quality of the tomato detrimentally. Restrictions on the sale of tomatoes 2. (1) No person shall sell in the Republic of South Africa tomatoes, other than imported tomatoes referred to in subregulation (2), (i) unless the tomatoes are unclassified or sold according to the classes in regulation 3; (ii) unless the tomatoes complies with the different standards for classified or unclassified tomatoes in regulation 4; (iii) unless the tomatoes are packed in a container and in the manner prescribed in regulations 5, 6 and 7; (iv) unless the tomatoes are marked with the particulars and in the manner pre scribed in regulation 8; SlAATSKOERANT, 1 AUGUSTUS 2003 No.25245 5 (v) if the tomatoes contains a substance prescribed as a substance which it may not contain; (vi) if the tomatoes are packed in a container or in a manner so prescribed as a container in which or a manner in which it may not be packed; (vii} if the tomatoes are marked with particulars or in a manner prescribed as parti culars with which or a manner in which it may not be marked. (2) Imported tomatoes shall be exempted from the provisions of subregulation (1), pro vided that the tomatoes {a) comply with either the Codex, UNECE (United Nations Economic Commission for Europe) or OECD (Organisation for Economic Co-operation and Develop ment) standards; and (b) are according to bilateral agreement accompanied by certificate issued by a relevant government authority responsible for quality control of fresh fruit and vegetables and in which it is certified that the quality of the tomatoes as verified through inspection confonns to the relevant standard. (3) The Executive Officer may grant written exemption, entirely or partially, to any person on such conditions as he or she deems necessary, from the provisions of subregulation (1). QUALITY STANDARDS Classes for tomatoes 3. (1) Tomatoes shall be sold as either classified tomatoes or unclassified tomatoes. (2) There are four classes of classified tomatoes namely Class 1, Class 2, Class 3 and Lowest Class. Standards for classes 4. (1) Classified and unclassified tomatoes shall (a) be fit for human consumption; and (b) contain no chemical residues that exceed the prescribed maximum residue limit. (2) Subject to the provisions of subregulation (2), tomatoes which are classified as Class 1, Class 2, Class 3 and Lowest Class shall comply with the specifications set out in Table 1 of the Annexure. (3} The extent to which Class 1, Class 2, Class 3 and Lowest Class tomatoes may deviate from the specifications prescribed in subregulation (1) is detennined in accordance to regu lations 12, 13 and 14 and as set out in Table 2 of the Annexure. 6 No. 25245 GOVERNMENT GAZETTE, 1 AUGUST 2003 CONTAINERS, PACKING AND MARKING REQUIREMENTS Requirements tor containers 5. (1) Containers in which tomatoes are packed in shall (a) be intact, clean, suitable and strong enough for the packing and nonmal hand ling of tomatoes; (b) not impart a taste or odour to the tomatoes; (c) be free from any matter other than the tomatoes packed therein and the packing material in which tomatoes are customarily packed; !~) in the case of containers that are re-used, the container should i~ (i) be of such material that the container can be cleaned and disinfected prior to re-use; (ii) be thoroughly clean before tomatoes are packed therein; and ti Wl (iii) be free from all marks and etiquettes removed or be covered by new etiquettes. (2) A carrier container shall be strong enough not to bulge out or dent in during normal handling and transporting practices. Stacking of containers on pallets 6. If containers containing tomatoes are palletised (a) the pallet shall be dean, undamaged and suitable and not transmit to tomatoes any harmful substance or any substance that may be injurious to human health; (b) pallets manufactured from wood shall be without bark; (c) the pallet shall be free from any visible signs of fungal growth; (d) the pallet shall be free from Arthropoda infestation; (e) the containers shall be stacked firmly and square with ,each other and the pallet; (f) only containers of the same dimensions shall be stacked in the same layer on the pallet; and (g) the containers shall not be stacked upside-down on the pallet. Packing requirements 7. Each container tomatoes shall (a) be packed with tomatoes to the full capacity thereof; and (b) in the case of classified tomatoes, contain tomatoes of the same class and size group and as far as practical possible of the same colour. STAATSKOERANT, 1 AUGUSTUS 2003 No. 25245 7 Marking requirements 8. (1) Containers containing tomatoes destined for sale shall be marked in clear and legible block letters and figures in a manner described in subregulation (5) with the following particulars: Pro vided that the particulars shall be omitted in the case of a transparent container of 5 kg and less of which the full contents can be seen by the consumer: (a) The name or trademark and physical or postal address of either the producer or owner or importer or packer of the tomatoes packed in that container. (b) The producers' code or packhouse code (with the exception of imported toma toes), which is registered with the Executive Officer by the producer or packhouse as the case may be: Provided that (aa) the packhouse code shall only be used if the origin of the tomatoes cannot be traced back to the producer; (bb) it a producer has more than one farm, each farm shall be registered separately; (cc) such code shall be preceded by the expression "Producer:", "Pack house:11, "Packer:" or any other suitable term having a similar meaning; and (dd) the producer has a system in place to enable him/her to track a spe cific consignment of tomatoes down to field level. (c) The expression "Product of" followed by the name of the country of origin of the tomatoes. (d) The class, in the case of Class 1, Class 2, Class 3 and Lowest Class: Provided that additional to the class names the following names may be used: Class 1 - First, Class 2 - Select, Class 3 - Standard, Lowest Class - Budget. (e) The size group of the tomatoes in the container, indicated as either minimum diameter and maximum diameter or as "XX-large" or "XXL", "Extra large" or "XL", "Large" or "L", "Medium Plus• or "MP", "Medium" or "M", "Small" or "S" and "Cocktail" or "C": Provided that the size group indication may be omitted in the case of tomatoes in a bunch or cherry tomatoes. {f) The net mass of the contents: Provided that the net mass may be omitted in the case where standardised containers as prescribed by the Trade Metrology Act, 1973 (Act No. 77 of 1973). (g) The word "tomatoes", in the case of containers the contents of which are not visible from outside. (2) If containers containing tomatoes are packed in a carrier container, each carrier container shall be marked with the particulars in subregulation (1), as well as with the number of con tainers it contains, on at least one end of every carrier container by means of stamping or stenciling or by pasting a printed label thereon. (3) The particulars prescribed in subregulation (1) shall be indicated on the container by stamping, printing or by affixing a label thereon. 8 No. 25245 GOVERNMENT GAZETTE, 1 AUGUST 2003 (4) Particulars shall be printed in any of the official languages: Provided that inter nationally acknowledged symbols may be used. (5) If at any stage the class or size designation should change the labels shall be re placed unless the new class or size designation is stamped across the old class or size designation, in clear legible block letters of at least 2 mm larger than the previous marks, with a suitable stamp. (6) Each container containing tomatoes shall be provided with only one or more labels that shall be (a) intact, clean and neat; (b) manufactured from manilla paper or other suitable material; and (c) affixed firmly to the container and in such a manner that re-stamping is possible without opening or damaging the container. (7) If classified tomatoes are displayed for sale in loose quantities-· (a) any quantity of a particular class, size group or cultivar shall not be displayed mixed with tomatoes of any other class, size group or cultivar; and (b) the class, size group and country of origin of the tomatoes shall be indicated in clear, legible block letters on a notice board prominently placed at the quantity of tomatoes. (8) Containers containing unclassified tomatoes shall be marked in clear and legible block letters and also comply with subregulations 8(1)(a), (b), (c), (f) and (g) and subregulation 8(2), (3), (4) and (6). Prohibited particulars 9. No wording, illustration or other device of expression which constitutes a misrepresentation or which directly or by implication can create a misleading impression of the contents shall appear on a container containing tomatoes or on a label affixed thereto or which is displayed therewith. SAMPLING Obtaining a sample 10. (1) An inspector shall obtain a sample from a consignment by (a) in the case of tomatoes packed in containers (i) draw two percent of containers and satisfy him or herself that the containers abstracted are representative of the consignment con cerned; and (ii) taking as inspection sample at least 25 tomatoes from each container obtained in subparagraph (i), or the contents from the containers if the containers contains less than 25 tomatoes; and (b) in the case of tomatoes kept or displayed for sale in loose quantities (i) taking separate samples from the various classes and size groups which have been identified; and STAATSKOERANT, 1 AUGUSTUS 2003 No. 25245 9 (ii) taking as inspection sample at least 25 tomatoes at random from each quantity mentioned in subparagraph {i), or all the tomatoes if the number is less than 25 tomatoes. (2) Each sample that is taken in accordance ta the provisions of subregulation (1), shall be deemed to be representative of the quantity from which the samples have been taken. Deviating sample 11. If an inspector notices during the course of abstracting a sample or during examination thereof that any of the containers, derived from any or differ from the contents of the containers which re presents the rest of the consignment he shall determine the average examination result only on the containers that are required for the examination shall be taken from this divergent part of the con signment of tomatoes. METHODS OF INSPECTION Determination of percentage In too green tomatoes 12. The percentage of too green tomatoes shall be determined as follows: (a) Take from the inspection sample those tomatoes which are most likely to be too green. (b) Cut not more than four tomatoes open through the diameter thereof. (c) Determine visually how many of the tomatoes thus cut open, have pips which are undeveloped and not covered with jelly. (d) Express the number thus determined as a percentage of the total number of tomatoes in that sample, which percentage represents the extent to which too green tomatoes occur in such sample. Determination of size variations 13. The size variation shall v,nere applicable be determined as foHo¥JS: (a) Measure the diameter of each tomato in the inspection sample concerned. (b) Calculate the average diameter of the tomatoes in that inspection sample. (c} Determine the number of tomatoes in that inspection sample of which the diameter differs with more than 10 mm from the average thus calculated. (d) Express the number thus determined as a percentage of the total number of tomatoes in that inspection sample, which percentage represents the extent to which tomatoes with unacceptable size variations occur in the sample. Determination of percentage of quality factors other than too green tomatoes and size variations 14. Percentage quality factors other than too green tomatoes and size variations shall be determined as follows: (a) Examine each tomato in the inspection sample concerned visually or if necessary, by handling it or cutting it. · 10 No. 25245 (b) (c) GOVERNMENT GAZETTE, 1 AUGUST 2003 Determine in respect of each of the various quality factors the number of tomatoes in that inspection sample in which deviations occur. Express the number in respect of each quality factor thus determined as a percentage of the total number of tomatoes in that inspection sample, which percentage repre sents the extent to which tomatoes with the deviation concerned occur in the sample. OFFENCES AND PENALTIES 15. Any person who contravenes or fails to comply with a provision of these regulations shall be guilty of an offense and upon conviction be liable to a fine or imprisonment in consultation with article 11 of the Act. · Quality Factors 1 1. Decay 2. Foreign matter 3. Firmness 4. Blemishes (excluding cherry tomatoes) 5. Cat faces (Disfigu rement and ble mishes at the flo waring end of the tomato) (excluding cherry tomatoes) 6. Craks (a) Circular cracks (excluding cherry tomatoes) STAATSKOERANT, 1 AUGUSTUS 2003 TABLE 1 STANDARDSFORTOMATOES Standards to be complied with Class 1 Class2 Class 3 2 3 4 Not permissible Not permissible Not permissible Not permissible Not permissible Not permissible Fairly firm and Reasonably firm May not have a not overripe and not overripe blistered appearance (in eluding cherry tomatoes) and must still be firm enough to be sliced in 5 mm slices (excluding cherry tomatoes) Blemishes not Blemishes not Blemishes not deeper than deeper than deeper than 1,5 mm and not 1,5 mm and not 3 mm and not exceeding a exceeding a exceeding a to total area of total area of tal area of ± 225 mm 2 (cir- 340 mm2 (circle ±615 mm 2 is cle with a diame- with diameter of permissible pro ter of 15 mm) is 20 mm) is per- vided that not permissible missible more than 20% of the tomato is cut away in one or more flat sli ces to remove damaged parts A few scabby Wrinkled and Severe wrinkled marks not dee- suberic marks and suberic per than 1,5 mm not deeper than parts with a total or exceeding a 1,5 mm and not area of 615 mm 2 total area of exceeding a is permissible 225 mm2 (circle total area of 340 provided that no with a diameter mm2 is per- more than 20% of 15 mm) is per- missible of the tomato missible . may be cut away in one flat slice to remove the malformed part Circular crack(s) Circular crack(s) Circular crack(s) not deeper than not deeper than not deeper than 1,5 mm and 1,5 mm and 1,5 mm and which indivi- which indivi- which indivi dually or collecti- dually or collecti- dually or collecti velyform a vely form a half vely form a full No. 25245 11 Lowest Class 5 * * * * . * * 12 No. 25245 GOVERNMENT GAZETTE, 1 AUGUST 2003 quarter circle is circle is per- circle is per permissible missible missible {b) Stalk-end cracks One or more One individual Tomatoes in a * (excluding cherry cracks which crack not longer poorer condition tomatoes) individually or than 20 mm and than Class 2: collectively are not deeper than Provided that no not longer than 1,5 mm or two or more than 20% 10 mm and more cracks of the tomato deeper than which collective- must be cut 1 ,5 mm is per- ly are not longer away in one of missible than 20 mm or more flat slices deeper than to remove the 1,5 mm is per- damaged parts missible and that none of the cracks show any sign of decay 7. Bruises Not permissible Not permissible Not permissible * r 8. Too green Not permissible Not permissible Not permissible ·* ·--~•-T ~--~ 9. Appearance Sound and Sound and Sound and * attractive attractive attractive 10. Shape Well shaped for Reasonably well Tomatoes with * the relevant shaped for the points are cultivar relevant cultivar permissible 11. Injury Not permissible Not permissible Not permissible * 12. Leaking tomatoes Not permissible Not permissible Not permissible * (not regarded as decay) 13. Mosaic Not permissible Mosaic stain Mosaic stain * with an area of with an area not not more than more than 50% 12,5% (1 /8) of of the total the total surface surf ace of the of the tomatoes tomato is per is permissible, missible provided that no blistered appearance is present 14. Sunburn Not permissible Alight yellow A yellow colour, * colour without sunkenness and any sign of leatheriness is leatheriness and permissible pro sunkennessis vided that not permissible more than 20% of the tomato must be cut STAATSKOERANT, 1 AUGUSTUS 2003 No.25245 13 away in one or two flat slices to remove da maged parts and no sign of decay is present 15. Oust Not permissible Not permissible Not permissible * 16. Soil covered Not permissible Mud-smeared Soil covered * during handling tomato due to and light soil contact with soil splatters is during growth permissible period is per missible, provi ded that the tomato has not decayed 17. Unspecified Not permissible defects other than Not permissible Not permissible * those mentioned in items 1 -16 18. Size according to diameter (exctu ding cherry toma toes) (a) If not pack- At least 50 mm At least 40 mm At least 30 mm * aged in size groups (b) if packed in More than More than More than * size groups : 95mm 95mm 95mm XX-Large pack (c) if packed in More than Morethan More than * size groups: 83 mm but not 83 mm but not 83 mm but not Extra Large exceeding exceeding exceeding 94mm 94mm 94mm (d} if packaged in More than More than More than * size groups: 73 mm but not 73 mm but not 73 mm but not Large pack exceeding exceeding exceeding 82mm 82mm 82mm (e) if packaged in More than More than More than * size groups: 64 mm but not 64 mm but not 64 mm but not Medium Plus exceeding exceeding exceeding pack 72mm 72mm 72mm 14 No.25245 GOVERNMENT GAZETTE, 1 AUGUST 2003 (f) if packaged in More than More than More than * , size groups 56 mm but not 56 mm but not 56 mm but not Medium pack exceeding exceeding exceeding 63mm 63mm 63mm (g) if packed in More than More than More than * size groups: 30 mm but not 30 mm but not 30 mm but not Small exceeding exceeding exceeding 55mm 55mm 55mm (h) if packed in More than 5 mm More than 5 mm More than 5 mm * size groups but not excee- but not excee- but not excee Cocktail pack ding 29 mm ding 29 mm ding 29 mm 19. Size variation Fairly uniform in Reasonably Different sizes * (excluding cherry size: Provided uniform in size: may be packed tomatoes) that, in the case Provided that, in together: Pro of cocktail toma- the case of cock- vided that in the toes, only 4 mm tail tomatoes, case of cocktail difference is per- only 4 mm diffe- tomatoes, only missible be- rence is per- 4 mm difference tween the lar- missible be- is permissible gest and smal- tween the between the lest tomato in largest and the largest ad the the same con- smallest tomato smallest tomato tainer is allowed 20. Colour variations Tomatoes in the Tomatoes in the Different colour * same container same container maybe pack should be uni- should be uni- aged together form in colour form in colour and ripeness and ripeness * Not applicable STAATSKOERANT, 1 AUGUSTUS 2003 No.25245 15 TABLE2 PERMISSIBLE DEVIATIONS IN RESPECT OF QUALITY FACTORS BY NUMBER Quality Factors Maximum extent to which deviations may occur In tomatoes that are classlfled as Class 1 Class 2 Class 3 Lowest Class 1 2 3 4 5 1. Decay 1% 2% 5% * 2. Foreign matter 0% 0% 0% * 3. Firmness, scars, 5% 15% 25% * cracks, bruises, too / green, appearance, form, injuries, leaking / tomatoes, mosa'ic, sunburn, dust, soil and other quaUty factors referred to in item 17 Table 1 individualy 4. Deviations referred to 5% 15% 25% * in items 1, 2 and 3 collectively: provided that the deviations individually are within the specified requirements 5. Size groups (exclu- 10% 15% 25% * ding cherry tomatoes) 6. Size variations 10% 15% 25% * 7. Colour variations 20% 25% * * Not applicable 16 No. 25245 GOVERNMENT GAZETTE, 1 AUGUST 2003 TABLE3 SPECIFICATIONS WITH REGARD TO RECOMMENDED CONTAINERS Type of container Measurements Recommended Outside Outside Maximum net packed length width Inside content (kg) (mm) (mm) depth Cmm\ 1 2 3 Preoack Punnet 0,5 Packet 1 Bulkoack 300 200 76 2 Trav 400 300 76 3,5 Box 400 200 125 5 B6 Carton 400 250 133,5 6 Traditional box 460 230 127 7 Box6" 460 230 152 8 Jumbo {composite Wood/Carton) 89 400 300 180 9 Jumble 460 230 180 10 Crate * * * 20 ·