Establishment of Statutory Measure: Determination of levies on apples (No. R. 602 of 2015)

This gazette is also available free online at www.gpwonline.co.za 10 No. 39375 GOVERNMENT GAZETTE, 6 NOVEMBER 2015 DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES NO. R. 602 06 NOVEMBER 2015 602 Marketing of Agricultural Products Act (47/1996): Establishment of Statutory Measure and Determination of Levies on Apples 39375 DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES No.R. MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996) ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF LEVIES ON APPLES I, SENZENI ZOKWANA, Minister of Agriculture, Forestry & Fisheries, acting under sections 13 and 15 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 – “Apple Producer” means a producer of apples intended for exports and/or fresh domestic consumption, as well as for the production of apple juice concentrate; “Exporter” means a person who trade apples for export for his own account, or acts as an agent on a commission basis on behalf of apple producers; “Municipal Market” means the national fresh produce markets as defined from time to time; “Processor” means an apple juice concentrate manufacturer. “Retailer” means a person who trades apples on a retail level on the domestic market; and This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 6 NOVEMBER 2015 No. 39375 11 2 A person shall have a choice to register as either a producer or an exporter or an importer or municipal market or retailer or processor. 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 HORTGRO (Pty) Ltd to fund research projects, information and technology transfer; plant improvement functions and certification; market information and statistics; communication; trade and market access; and transformation and training for apples. These measures are necessary to ensure that continuous, timeous and accurate information relating to the apple industry, is available to all role players in order for them to make informed decisions. 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 apples. The measure will be administered by HORTGRO, a company established in terms of the Companies Act (as amended), 2008 (Act 71 of 2008). HORTGRO will implement and administer the measure as set out in the Schedule within DFPT Finance, a company incorporated in terms of the Companies Act (as amended), 2008 (Act 71 of 2008). Products to which statutory measure applies. 3. This statutory measure shall apply to apples destined for export and/or domestic fresh consumption, and the manufacturing of apple juice concentrate. Area in which measure shall apply 4. This measure shall apply in the geographical area of the Republic of South Africa. Imposition of levy 5. A levy is hereby imposed on apples. This gazette is also available free online at www.gpwonline.co.za 12 No. 39375 GOVERNMENT GAZETTE, 6 NOVEMBER 2015 3 Amount of levy 6. The amount of the levy shall be: 2015/16 2016/17 2017/18 2018/19 Fresh – Export and Domestic 4,0 c/Kg 4,25 c/Kg 4,5 c/Kg 4,75 c/Kg Fresh - Export 2,8 c/Kg 2,8 c/Kg 2,8 c/Kg 2,8 c/Kg Processing R7.40/ton R7.80/ton R8.30/ton R8.75/ton *Domestic, Exports and Imports (a) on all apples on export (all classes) and/or domestic volumes on municipal markets and retail level (all classes); (b) on all apples destined for the manufacturing of apple juice concentrate by concentrate processing plants. Persons by whom and to whom levy shall be payable 7. (1) The levy imposed under clause 5 shall – (a) be payable by an apple exporter on behalf of the producer from which such apples have been procured in respect of all apples exported; (b) be payable by a municipal market on behalf of the producer from which such apples have been procured in respect of all apples sold on that market; (c) be payable by a retailer on behalf of the producer from whom such apples have been procured in respect of apples procured by the retailer; and (d) be payable by a processor on behalf of a producer of such apples in respect of all apples procured for manufacturing of apple juice concentrate. (2) A levy imposed under clause 5 shall be payable to DFPT Finance in accordance with clause 8. Payment of levy 8. (1) Payment of the levy shall be made not later than sixty (60) days following the month end wherein a quantity of apples was delivered for export or for sale This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 6 NOVEMBER 2015 No. 39375 13 4 on a municipal market of via a retailer or processor or sold via any other method. (2) Payment shall be made by means of a cheque or electronic transfer in favour of DFPT Finance, and shall – (a) when paid by cheque, be addressed to – DFPT Finance PO Box 163 PAARL 7620 (b) when electronically transferred, be paid to the bank account obtainable from HORTGRO on request. Commencement and period of validity 9. This statutory measure shall come into operation on the date of publication hereof and will lapse 4 years later.