Marketing of Agricultural Products Act: Establishment of statutory measure: Registration of certification bodies, exporters, fresh produce markets, agents, packaging material importers/manufacturers, potato producers, pre-packers, processors and traders (No. R. 473 of 2015)

MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996) ESTABLISHMENT OF STATUTORY MEASURE: REGISTRATION OF CERTIFICATION BODIES, EXPORTERS, FRESH PRODUCE MARKETS, IMPORTERS, MARKET AGENTS, PACKAGING MATERIAL IMPORTERS, PACKAGING MATERIAL MANUFACTURERS, POTATO PRODUCERS, PRE -PACKERS, PROCESSORS AND TRADERS I, Senzeni Zokwana, Minister of Agriculture, Forestry and Fisheries, acting under sections 13 and 19 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), hereby continue the statutory measure set out in the Schedule. SENZENI ZOKWANA, Minister of Agriculture, Forestry and Fisheries. SCHEDULE Definitions In this Schedule any word or expression to which a meaning has been assigned in the Act must have that meaning, and unless the context otherwise indicates "Administrator" Potatoes South Africa; "certification body" means a body that executes the certification of seed potatoes on behalf of the Independent Cert ification Council for Seed Potatoes; "exporter" a person who trades potatoes for export for his or her own account, or acts as an agent on a commission basis on behalf of potato producers; "fresh produce market" a market, either privately owned or owned by local government established for the orderly and centralised distribution of fresh produce; "importer" a person who imports potatoes for his own account or acts as an agent on a commission basis or on behalf of potato producers, traders or processors; "market agent" an agent acting on a commission basis on a fresh produce market; "packaging material" packaging material intended to be used for the packing of potatoes, including paper bags, plastic bags and cartons; "packaging material importer" a person that imports and sells packaging material, and includes an agent acting on behalf of such a person; "packaging material manufacturer" a person that manufactures and sells packaging material, and includes an agent acting on behalf of such person; "potatoes" table potatoes, seed potatoes, potatoes for processing or potato products; "Potatoes South Africa" a non -profit company under the Companies Act, No. 71 of 2008; "potato producer" a person who produces potatoes for export, for sale as seed potatoes, or for domestic consumption as table potatoes or potato products; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 12 JUNIE 2015 No. 38864 7 GOVERNMENT NOTICES GOEWERMENTSKENNISGEWINGS DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES DEPARTEMENT VAN LANDBOU, BOSBOU EN VISSERYE No. R. 473 12 June 2015 "pre -packer" a person that pre -packs potatoes; and "processor" a person who processes potatoes; "trader" a person who purchases potatoes from a potato producer or any other supplier for trading on the domestic market. Purpose and aims of continuation of statutory measure and the relation thereof to objectives of the Act 2. (1) The purpose and aims of this statutory measure are to compel certification bodies, exporters, fresh produce markets, importers, market agents, packaging material importers, packaging material manufacturers, potato producers, pre -packers, processors and traders to register with the administrator. (2) Registration is necessary to assist the administrator to ensure that continuous, timeous and accurate market information relating to the potato industry is available to all role players. (3) Relevant market information is deemed essential in a deregulated market for all role players to make informed decisions. By combining the compulsory registration with the furnishing of returns on an individual basis, market information for the whole of the country can be processed and disseminated to the market place. (4) The establishment of this statutory measure will not only assist in enhancing market access for all market participants, but will also develop new markets for South African potatoes internationally. The viability of the potato industry will thus be enhanced. The measure will not be detrimental to the number of employment opportunities within the economy or fair labour practice. (5) The Potato Industry Trust appoints Potatoes South Africa as Administrator to perform the administrative functions regarding the administration of this statutory measure. Product to which statutory measure applies 3. This statutory measure applies to potatoes. Area in which statutory measure applies 4. This statutory measure applies within the geographical area of the Republic of South Africa. Registration of parties concerned 5. (1) The following parties must register as such with the administrator in the manner set out in clause 6 (a) certification body (b) exporters; (b) fresh produce markets; (c) importers; (d) market agents; (e) packaging material (f) packaging material importer (g) potato producers; (h) pre -packers; (i) processors; and (f) traders. (2) A person who is required to register for more than one category listed in subclause (1) must complete a separate application for registration for each category. This gazette is also available free online at www.gpwonline.co.za 8 No. 38864 GOVERNMENT GAZETTE, 12 JUNE 2015 Application for registration 6. (1) An application for registration in the case of a person becoming a party in terms of clause 5(1), must be submittesd within 30 days after becoming such a party. (2) An application for registration must be made on an application form obtainable free of charge from the Administrator. (3) The application form must be completed and signed by a person duly authorised thereto. (4) Applications must (a) when forwarded by post, be addressed to The Administrator Potatoes South Africa Private Bag X135 PRETORIA 0001 (b) when delivered by hand, be delivered to The Administrator Potatoes South Africa Potato House 6 De Havilland Crescent Persequor Technopark Persequor Park PRETORIA (c) when submitted electronically, be sent to potatolevies @potatoes.co.za. Commencement and period of validity 7. This statutory measure comes into operation on 1 July 2015 and lapses four years later. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 12 JUNIE 2015 No. 38864 9