Establishment of Statutory Measure and determination of levies on peaches and nectarines (No. R. 787 of 2011)

No.R.787 STAATSKOERANT, 30 SEPTEMBER 2011 MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No 47 OF 1996) No.34632 63 30 September 2011 ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF LEVIES ON PEACHES & NECTARINES I, TINA JOEMAT ..PETTERSSON, 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. T JOEMAT-PETTERSSON, Minister for Agriculture, Forestry & Fisheries. 64 No.34632 GOVERNMENT GAZETTE, 30 SEPTEMBER 2011 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 peaches and nectarines for export for his own account, or acts as an agent on a commission basis on behalf of peach and nectarine producers; "Importer" means a person or trader who imports peaches and nectarines for sale on the domestic market. "Municipal Market" means the national fresh produce markets as defined from time to time; "Peach and Nectarine Producer" means a producer of peaches and nectarines Intended for exports and/or fresh domestic consumption; and "Retailer" means a person who trades peaches and nectarines on a retail level on the domestic market. A person shall have a choice to register as either a producer or an exporter or an importer or municipal market or retailer. A person who is a producer as well as an exporter or importer must register as a producer and as an exporter or Importer or retailer. Purpose and alms of statutory measure and the relation thereof to the obJectives of the Act 2. The levy is needed by HORTGR08ERVIces 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 peaches and nectarines. These measures are necessary to ensure that continuous, timeous and accurate information relating to the peach and nectarine 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 peaches and nectarines. The measure will be administered by HORTGR08ERVIces, a company established in terms of the Companies Act (as amended), 1973 (Act 61 of 1973). HORTGR08ERVtCEs will STAATSKOERANT, 30 SEPTEMBER 2011 No.34632 65 implement and administer the measure as set out in the Schedule within DFPT Finance, a company Incorporated under section 21 of the Companies Act (as amended), 1973 (Act 61 of 1973). Producta to which statutory measure applies. 3. This statutory measure shall apply to peaches and nectarines destined for export and/or import and/or domestic fresh consumption. 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 Peaches and Nectarines. Amount of levy 6. The amount of the levy shall be: on all peaches and nectarines on export (all classes) and/or Import (all classes) and/or domestic volumes on municipal markets and retail level (all classes). Persona by whom and to whom levy shall be payable 7. (1) The levy imposed under clause 5 shall (a) be payable by a peach and nectarine exporter on behalf of the producer from which such peaches and nectarines have been procured in respect of all peaches and nectarines exported; (b) be payable by a municipal market on behalf of the producer from which such peaches and nectarines have been procured In respect of all peaches and nectarines sold on that market; (c) be payable by a retailer on behalf of the producer from which such peaches and nectarines have been procured in respect of all peaches and nectarines procured by that retailer, and (d) be payable by an importer on peaches and nectarines for sale on the domestic market. 66 No.34632 (2) GOVERNMENT GAZETTE, 30 SEPTEMBER 2011 A levy imposed under clause 5 shall be payable to DFPT Anance in accordance with clause 8. Payment of levy 8. (1) Payment of the levy shall be made not later than sixty days following the month end of delivery of a quantity of peaches and nectarines for export, Import or delivery to be sold on a municipal market or via a retailer, or sold via any other manner. (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 HORTGR09ERVICES 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.