Marketing of Agricultural Products Act: Establishment of Statutory Measure and determination of guideline price: Levies: Broiler chickens and packed eggs (No. R. 954 of 2009)

4 No.32616 GOVERNMENT GAZETTE. 9 OCTOBER 2009 GOVERNMENT NOTICES DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES No.R.954 MARKETING OF AGRJCUL TURAL PRODUCTS ACT, 1996 {ACT NO. 47 OF 1996), AS AMENDED 9 October 2009 ESTABLISHMENT OF STATUTORY MEASURE AND DETERMINATION OF GUIDELINE PRICE: LEVIES RELATING TO BROILER CHICKENS AND PACKED EGGS I, Tina Joemat-Pettersson, Minister of Agriculture, Forestry and Fisheries, acting under sections 13 and 15 of the Marketing of Agricultural Products Act, 1996 (Act I\Jo. 4 7 of 1996), hereby establish the statutory measure set out in the attached Schedule. 25/9/2009 TINA JOEMAT-PETTERSSON MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES STAATSKOERANT. 9 OKTOBER 2009 No. 32616 5 SCHEDULE 1. DEFINITIONS 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 indicates otherwise "breeder" means a breeder of day old female parent broiler chickens of the species Gallus domesticus tor commercial purposes, excluding those facilities that have been exempted by the levy administrator after application to the levy administrator as provided for in the registration notice; "broiler" means a chicken of the species Gallus domesticus hatched for the purpose of producing meat; "eggs" means eggs laid by the species Gallus domesticus; "hatchery" means a facility where eggs of the species Gallus domesticus are hatched for commercial purposes as broiler chickens, excluding those facilities that have been exempted by the levy administrator after application to the levy administrator as provided for in the registration notice; "levy administrator" means the Southern African Poultry Association which is entrusted with the implementation, administration and enforcement of the statutory measure established under this regulation; "supplier of packaging material" means a supplier of packaging material for the packing of commercial eggs of the species Gallus domesticus; excluding those entities that have been exempted by the levy administrator after application to the levy administrator as provided for in the registration notice; "the Act" means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended. 2. PURPOSE AND AIMS OF THE STATUTORY MEASURE AND THE RELATION THEREOF TO OBJEC1"1VES OF THE ACT The statutory levy is required by the poultry industry to fund (a) Empowerment and development of black emerging poultry producers; (b) Consumer education; (c) Consumer assurance; (d) Research and development; and 6 No.32616 GOVERNMENT GAZETTE, 9 OCTOBER 2009 (e) Industry liaison, information and training. The levy is not detrimental to any of the objectives of the Act and, in particular, shall not be detrimental to the number of employment opportunities or fair labour practice in the poultry industry. The levy is necessary to finance the above-mentioned functions and the levy shall be utilised in accordance with the levy application. The Auditor-General shall also be responsible for auditing the statutory levies collected. 3. EMPLOYMENT OF STATUTORY LEVIES It is hereby determined that, in respect of levies collected a) approximately 70% of the funds shall be used to finance functions relating to consumer education, consumer assurance, research and development; and industry liaison, information and training; b) approximately 20% of the funds shall be used for transformation; and c) not more than 10% of the funds shall be used for administration. 4. PRODUCT TO WHICH STA"rUTORY MEASURE APPLIES This statutory measure shall apply to • Day old female parent broiler chickens sold by breeders for commercial use other than for own consumption, and • Packed eggs for commercial use other than for own consumption, 5. AREA IN WHICH STATUTORY MEASURE APPLIES This statutory measure shall apply within the geographical area of the Republic of South Africa. 6. DETERMINATION OF GUIDELINE PRICE The guideline price (excluding VAT) for 2008 is determined as follows: (a) Female parent broiler chicken: R36.50 per day old female parent sold or placed; and (b) Packed eggs: R9.50 per dozen STAATSKOERANT, 9 OKTOBER 2009 7. AMOUNT OF LEVY The amount of the levy (excluding VAT) payable: (a) Per day old female parent broiler chicken sold or placed From date of implementation until December 2010 From January until December 2011 From January until December 2012 From January until December 2013 (b) Per one dozen packaged eggs sold From date of implementation until December 201 0 From January until December 2011 From January until December 2012 From January until December 2013 8. PERSONS BY WHOM LEVY IS PAYABLE The levy imposed in terms of this notice shall be paid by No. 32616 7 R1.32 R1 .45 R1.60 R1.76 2.23 cents 2.45 cents 2.70 cents 2.97 cents a) the breeder of day old female parent broiler chickens at the sale of such chickens and the breeder will then pay it over to the levy administrator; and b) the supplier o'f packaging material for the packing of eggs at the sale of such packaging material and the supplier will then pay it over to the levy administrator on behalf of the egg producers. 9. PAYMENT AND ENFORCEMENT OF LEVY (1) The levy shall be paid to the levy administrator before the 30th day of the month following the month in which the day old chickens or packed eggs were sold; (2) Payments shall be made by means of a cheque or electronic bank transfer in favour of the levy administrator, and shall a) When paid by cheque, be addressed to The Levy Administrator PO Box 1202 HONEYDEW 2040 8 No. 32616 GOVERNMENT GAZETTE, 9 OCTOBER 2009 b) When electronically transferred, be paid to the account number obtainable from the levy administrator. (3) The implementation, administration and enforcement of the statutory measure established in this regulation are entrusted to the levy administrator in terms of section 14 of the Act. 10. COMMENCEMENT AND PERIOD OF VALIDITY This statutory measure shall come into operation on the date of publication hereof and shall lapse four years later. ooOoo