Marketing of Agricultural Products Act: Statutory measure: Records and return: Pome fruit, stone fruit, grapes and citrus fruit (No. R. 580 of 2019)

This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 12 APRIL 2019 No. 42392 177 DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES NO. R. 580 12 APRIL 2019 R. 580 Marketing of Agricultural Products Act (47/1996): Establishment of Statutory measure - Records and returns in respect of Pome Fruit, Stone Fruit, Grapes and Citrus Fruit 42392 DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES No.R. MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No 47 OF 1996) ESTABLISHMENT OF STATUTORY MEASURE - RECORDS AND RETURNS IN RESPECT OF POME FRUIT, STONE FRUIT, GRAPES AND CITRUS FRUIT I, Senzeni Zokwana, Minister for Agriculture, Forestry and 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 attached Schedule. S. ZOKWANA, Minister for Agriculture, Forestry and Fisheries. This gazette is also available free online at www.gpwonline.co.za 18 No. 42392 GOVERNMENT GAZETTE, 12 APRIL 2019 2 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 – “CGA” means the Citrus Growers Association; “Citrus Fruit” means oranges, lemons, grapefruit, pummelos, soft citrus and all hybrids of these; “Depots” means a facility that manage stock (for the purposes of Agri hub the stock is fruit that has been packed into cartons); “Exporter” means a person who trade fruit for export for his own account, or acts as an agent on a commission basis on behalf of fruit producers; ”FPEF” means the Fresh Produce Exporters Forum; “Fruit” refers to grapes, pome, stone & citrus fruits; “Grapes” means table grapes; “Hortgro” is the grower association representing the pome and stone fruit producers; “ISP” means Information Service Providers; “Municipal Market” means the national fresh produce markets as defined from time to time; “Packhouse” means an organisation where fruit is packed prior to distribution; “PPECB” means the Perishable Products Exports Control Board; “Pome Fruit” means apple and pears and all hybrids of these; “Producer” means a producer of fruit intended for exports; “Retailer” means a person who trades fruit on a retail level on the domestic market; “SATI” means South African Table Grapes Industry; “Shipping Line” means a company that operates the ships that actually carry the containers (owned or leased) and cargo from load port to discharge port; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 12 APRIL 2019 No. 42392 19 3 “Stakeholders” means market participants which are the growers, packhouses, depots, shipping lines and exporters; “Stone Fruit” means peaches, plums, apricots, nectarines, cherries and all hybrids of these; and "the Act" means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996) as amended. A person shall have a choice to register as either a producer or an exporter or municipal market or retailer or processor. A person who is a producer as well as an exporter or importer must register as a producer and as an exporter or importer. Purpose and aims of statutory measure and the relation thereof to the objectives of the Act 2. The purpose and aims of this statutory measure are to compel exporters and producers of fruit to keep records and furnish returns to Agri-hub. These shall also include any person e.g. a producer who acts in the capacity of the aforementioned persons. The statutory measure is deemed necessary in order to ensure that market information in respect of fruit is made available for all role-players in the relevant industry. Information gathered by Agri-hub by means of records and returns is disseminated freely in the market place. Through the mandatory submission of electronic transmission files on an individual basis, market information for the whole of the country can be processed and disseminated in the marketplace. These measures are necessary to ensure that continuous, timeous and accurate information relating to the fruit industry is available to all role players in order for them to make informed decisions. This statutory measure will not only assist in improving market access for all market participants, but it should also assist in promoting the This gazette is also available free online at www.gpwonline.co.za 20 No. 42392 GOVERNMENT GAZETTE, 12 APRIL 2019 4 efficiency of the marketing of fruit. Furthermore, the market information obtained in this manner, will promote the viability of the fruit industry and the agricultural sector at large. The statutory measure is administered by Agri-hub. Agri-hub was specifically established for the purpose of handling information gathering, processing and dissemination on behalf of the various fruit role-players in South Africa. Agri-hub makes macro generic market information available to the grower associations and other interested parties. This information is obtained and furnished from the returns submitted to Agri-hub. The information is published in a manner that is suitable to reach the majority of the role-players in the fruit industry. Agri-hub is an independent registered company with equal shareholding (12.5%) between CGA, Hortgro, SATI, (representing the grower associations), FPEF (representing the Exporters), Dipar, Farsoft, Paltrack and Prophet (representing the ISP). Agri-hub was established as a result of a growing need for reliable export information in the grower and exporter community. This resulted in a grouping of interested parties i.e. those involved today plus PPECB to establish Agri-hub after much deliberation and legal consultation. The grower organisations, FPEF and PPECB funded the initial start-up. The shareholders today consist of the four ISP’s, three grower associations and the exporters forum. The purpose of Agri-hub is to provide the grower organisations and FPEF with the export statistical information they require for their member base. The on going costs associated with Agri-hub is funded by the CGA, Hortgro, SATI and FPEF. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 12 APRIL 2019 No. 42392 21 5 Products to which the statutory measure applies. 3. This statutory measure shall apply to: (a) pome fruit; (b) stone fruit; (c) citrus fruit; and (d) table grapes. Area in which measure shall apply 4. This measure shall apply in the geographical area of the Republic of South Africa. Records to be kept by stakeholders of the fruit industry 5. Stakeholders are required to keep a copy of their data via the industry standard transmission files, namely the Dispatch Transmission (PO) files, the Mates Transmission (MT) files, Stock Transmission (PS) files and Intake Transmission (PI) files. These files are created by the systems that the stakeholders are using. The following information is required on these files, namely (1) For reporting purposes (a) Commodity (b) Variety (as approved by PPECB) (c) Size/Count (d) Grade (e) Pack (f) Country of Origin (g) Destination Region and/or (h) Destination Country (i) Intake date (j) Channel (fruit destined for local or export markets) (k) Season ( the season in which the fruit falls) (l) Mass (nett weight of the fruit in the pallet) This gazette is also available free online at www.gpwonline.co.za 22 No. 42392 GOVERNMENT GAZETTE, 12 APRIL 2019 6 (m) Ship name (n) Voyage number (o) Sail date (p) Load Port (q) Discharge Port (r) Transport (air, sea or land) (2) For data validation , removal of duplicates and derived data: a. Source System b. Pallet Identification c. Organisation d. Container Number (if the pallets loaded in containers) e. Location code f. Farm code (PUC) g. Packhouse code (PHC) h. Temperature device i. Temperature device type j. Temperature k. Phyto data l. Pallet Treatment Returns to be rendered by stakeholders of the fruit industry 6. (a) Stakeholders are required to send a copy of their data via the industry standard transmission files, namely the Dispatch Transmission (PO) files, the Mates Transmission (MT) files to Agri-hub, Stock Transmission (PS) files and the Intake Transmission (PI) files. (b) The transmission files must be sent to Agri-hub after they have been created to prevent any time delays in Agri-hub receiving the data. (c) The returns shall be submitted electronically and shall be sent to the FTP address provided by Agri-hub to the participant. (d) The transmission files maybe amend overtime. The latest version of the files specified in the appendix are always required. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 12 APRIL 2019 No. 42392 23 7 Commencement and period of validity 7. This statutory measure shall come into operation on the date of publication hereof and will lapse 4 years later.