Marketing of Agricultural Products Act: Continuation of and amendment to statutory measure regarding records and returns in respect of milk and other dairy products (No. R. 1220 of 2013)

DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No 47 OF 1996) CONTINUATION OF AND AMENDMENT TO STATUTORY MEASURE REGARDING ..:COLIDS AND RETURNS IN RESPECT OF MILK AND OTHER DAIRY PRODUCTS I, Tina Joemart-Petterson, Minister of Agriculture, Forestry and Fisheries, 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. TINA JOEMAT- PETTERSSON, MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES. STAATSKOERANT, 20 DESEMBER 2013 No. 37153 47 This gazette is also available free online at www.gpwonline.co.za NOTICE 1220 OF 2013 SCHEDULE 1. Definitions In this Schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning, unless the context otherwise indicates "consumers" means the end users of milk; "milk producer" means a person that produces milk by the milking of cows, goats or sheep; "retailers" means persons that sell milk directly to consumers; and "the Act" means the Marketing of Agricultural Products Act, .1996 (Act 47 of 1996), as amended. 2. The persons listed under 3, shall keep records of the following: the quantity of raw (unprocessed) milk (in kg) bought per month; the quantity of raw (unprocessed) milk (in kg) produced per month; the quantity of raw (unprocessed) milk (in kg), used per month to manufacture concentrated dairy products; the quantity of raw (unprocessed) milk (in kg) sold per month outside the jurisdiction of the Republic of South Africa or moved per month outside the jurisdiction of South Africa; the quantity of raw (unprocessed) milk (in kg), used per month for other purposes; and 48 No. 37153 GOVERNMENT GAZETTE, 20 DECEMBER 2013 This gazette is also available free online at www.gpwonline.co.za shall keep records of the quantity of raw (unprocessed) milk (in kg) sold per month. 3. The records described under 2 shall be kept by: a) Persons who buy raw (unprocessed) milk for the purpose of selling it after processing or to use it to manufacture other products, or to sell it to persons located outside the jurisdiction of the Republic of South Africa, or to move it outside the jurisdiction of the Republic of South Africa; b) Persons who are milk producers and who process the raw (unprocessed) milk produced by them, or use it to manufacture other products, or who sell it to consumers, or who sell it to persons located outside the jurisdiction of the Republic of South Africa, or who move it outside the jurisdiction of the Republic of South Africa; and c) Persons who sell raw (unprocessed) milk to retailers. 4. Each of the persons described under 3, shall within 15 days of the end of each month furnish a return form, as prescribed by Milk SA and containing information regarding the records described under 2 to Milk SA. 5. The returns described under 4 shall: (a) when forwarded by post, be addressed to: Milk SA PO Box 1961 Brooklyn Square 0075 STAATSKOERANT, 20 DESEMBER 2013 No. 37153 49 This gazette is also available free online at www.gpwonline.co.za (b) when delivered by hand, delivered to: Milk SA Brooklyn Forum Building Ground Floor (GL004) C/o Fehrsen & Veale Street Brooklyn Pretoria (c) when submitted electronically, be addressed to: adminAmilksa.co.za 6. The statutory measure described in this schedule shall (a) apply within the geographic area of the Republic of South Africa; and (b) come into operation on the date of publication hereof and shall lapse on 31 December 2017. 7. This statutory measure will advance more than one of the objectives of the Act. The information obtained through this statutory measure, will be important in respect of the advancement of market access, efficiency of marketing of milk and other dairy products and the viability of the dairy industry. The information and the analysis thereof will make market signals visible for role players in the industry and for Government institutions and will contribute significantly to the achievement of the relevant objectives of the Act. The requested statutory measure can in no way impact negatively on any of the objectives set in Section 2(2) and Section 2(3) of the Act. 50 No. 37153 GOVERNMENT GAZETTE, 20 DECEMBER 2013 This gazette is also available free online at www.gpwonline.co.za 8. Confidential information of any person subject to this statutory measure, obtained by Milk SA through the implementation, administration and enforcement of this statutory measure, shall be dealt with by Milk SA in accordance with section 23 (2) of the Act. oo0oo STAATSKOERANT, 20 DESEMBER 2013 No. 37153 51 This gazette is also available free online at www.gpwonline.co.za