Marketing of Agricultural Products Act: Establishment of statutory measure: Registration of Certification Bodies, Exporters, Fresh Produce Markets, Importers, Market Agents, Packaging Material Importers, Packaging Material Manufacturers, Potato Producers, Prepackers, Processors and Traders (No. R. 98 of 2019)

This gazette is also available free online at www.gpwonline.co.za 32 No. 42204 GOVERNMENT GAZETTE, 1 FEBRUARY 2019 DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES NO. R. 98 01 FEBRUARY 2019 R. 98 Marketing of Agricultural Products Act (47/1996): 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 42204 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 establish the statutory measure set out in the attached Schedule. SENZENI ZOKWANA, Minister of Agriculture, Forestry and Fisheries. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 1 FEBRUARIE 2019 No. 42204 33 SCHEDULE Definitions 1. 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 Certification Council for Seed Potatoes; “fresh produce market” means a market, either privately owned or owned by local government, established for the orderly and centralised distribution of fresh produce; “importer” means 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; “exporter” means 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; “market agent” means an agent acting on a commission basis on a fresh produce market; “packaging material” means packaging material intended to be used for the packing of potatoes, including paper bags, plastic bags and cartons; “packaging material importer” means a person that imports and sells packaging material, and includes an agent acting on behalf of such a person; “packaging material manufacturer” means a person that manufactures and sells packaging material, and includes an agent acting on behalf of such person; “PIDT” means the Potato Industry Development Trust; “potatoes” means table potatoes, seed potatoes, potatoes for processing or potato products; “Potatoes South Africa” means Potatoes South Africa NPC, a non-profit company registered under the Companies Act, No. 71 of 2008; “potato producer” means a person who produces potatoes for export, or for domestic consumption as table potatoes or as potato products, and includes seed potato producers who produces seed potatoes for sale; “pre-packer” means a person that pre-packs potatoes; “processor” means a person who processes potatoes; and This gazette is also available free online at www.gpwonline.co.za 34 No. 42204 GOVERNMENT GAZETTE, 1 FEBRUARY 2019 “trader” means a person who purchases potatoes from a potato producer or any other supplier for trading on the domestic market or for exporting. Purpose and aims of this statutory measure and the relation thereof to the 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 PIDT 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. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 1 FEBRUARIE 2019 No. 42204 35 Registration of parties concerned 5. (1) The following parties must register as such with the administrator as may be required by the PIDT, 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 (j) 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. 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 This gazette is also available free online at www.gpwonline.co.za 36 No. 42204 GOVERNMENT GAZETTE, 1 FEBRUARY 2019 (c) when submitted electronically, be sent to potatolevies@potatoes.co.za. Commencement and period of validity 7. The statutory measures shall be implemented on 1 July 2019 and lapse on 30 June 2023.