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Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

Regulations

Regulations regarding Control of the Export of Fresh Fruits

1. Definitions

 

In these regulations any word or expression to which a meaning has been assigned in the Act, shall have that meaning, and—

 

"apple"

means the fruit of the cultivars which are grown from the species Matus sylvestris;

 

"apricot"

means the fruit of the cultivars which are grown from the species of the tree Prunus armeniaca;

 

"assignee"

means a person, undertaking, body, institution, association or board designated as such under section 2(3)(a) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);

 

"avocado"

means the fruit of the cultivars which are grown from the species Persea Americana Miller;

 

"blackberry"

means the fruit of the cultivars which are grown from the species Rubus spp.

 

"blueberry"

means the fruit of the cultivars which are grown from the species Vaccinium corymbosum L., Vaccinium australe Small, Vaccinium angustifolium Ail. and their hybrids.

 

"cactus pear"

means the fruit of the cultivars which are grown from the species Opuntia spp.

 

"certificate"

means a certificate that may be issued either in paper format (including electronically prepared) or in a verified electronic format which describe and attest to conformity of a consignment of regulated agricultural products to stipulated requirements as set out in regulation 6;

 

"cherry"

means the fruit o the cultivars which are grown from the species Prunus avium or Prunus cerasus;

 

"citrus fruits"

means fruit of the kinds oranges, grapefruit, lemons, kumquats, mandarins, pummelos, seville oranges and limes;

 

"consignment"

means a quantity of fresh fruits of the same cultivar, belonging to the same owner and delivered at the same time under cover of the same delivery note, consignment note or receipt note, or is delivered by the same vehicle, or in the case of a quantity of fresh fruits that is divided into different cultivars, classes, diameter groups, pallet loads, trademarks or types of packaging, every quantity of each of the different cultivars, classes, diameter groups, pallet loads, trademarks of types of packaging;

 

"consignment note"

means a description of a consignment approved by the Executive Officer or the Assignee;

 

"deciduous fruits"

means fruits of the kinds apricots, apples, cherries, table grapes, nectarines, pears, peaches, plums and prunes;

 

"Executive Officer"

means the officer designated under section 2(1) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

 

"fig"

means the fruit of the cultivars which are grown from the species Ficus carica L;

 

"Food Business Operator (FBO)"

means the person or persons responsible  for ensuring  that the prescribed requirements of these standards are met within the food business under his or her control and include both the management of the food business as well as the person with overall authority on site or in the specific establishment;

 

"Food Business Operator code"

means an alpha-numeric code which needs to be uniquely identified and has been registered with the Executive Officer of the Act by each responsible person (FBO) producing or handling in any way products of plant origin destined for the export market. Examples include farms, fields, processing facilities, storage units, transportation, etc.;

 

"fresh fruits"

means deciduous fruits, citrus, subtropical fruits and other unspecified fruits;

 

"gooseberry"

means the fruit of the cultivars which are grown from the species Ribes uva-cripsa L. (R. grossularia).

 

"granadilla"

means the fruit of the cultivars which are grown from the species Passiflora edulis, or Passiflora var. Flavicorpa and their hybrids;

 

"grapefruit"

means the fruit of the cultivars which are grown from the species Citrus paradisi (Macf.) and its hybrids;

 

"inspector"

means the Executive Officer or an officer under his control, or an Assignee or an employee of an Assignee;

 

"ISO"

means International Organization for Standardization;

 

"kiwifruit"

means the fruit of the cultivars which are grown from the species Actinidia deliciosa;

 

"kumquats"

means the fruit of the cultivars which are grown from the species Fortunella margarita and Fortunella japonica (Thunb.) Swingle;

 

"lemon"

means the fruit of the cultivars which are grown from the species Citrus limon (L.) Burm. F;

 

"lime"

means the fruit of the cultivars which are grown from the species Citrus latifolia (Yu. Tan.) Tan. (Acid limes) and Citrus aurantifolia (Christm.) Swingle (Mexican limes).

 

"litchi"

means the fruit of the cultivars which are grown from the species Litchi chinensis;

 

"mandarin"

means fruit of the cultivars which are grown from the species Citrus reticulata Blanco, Citrus unshiu Marcow, Citrus nobilis Lour, Citrus deliciosa Tenore and their hybrids;

 

"mango"

means the fruit of the cultivars which are grown from the species Mangifera indica;

 

"melon"

means the fruit of the cultivars which are grown from the species Cucumis melo;

 

"National Reference Laboratory"

means an official laboratory of the Department of Agriculture, Land Reform and Rural Development and the Perishable Products Export Control Board that has been nominated in writing by the Executive Officer for the testing of compliance as envisaged in terms of regulations 6(1) and 7(1);

 

"nectarine"

means the fruit of the cultivars which are grown from the species Prunus persica var. nucipersica;

 

"Officially Recognized Laboratory"

means any laboratory that is not a National Reference Laboratory and that is nominated by the Executive Officer in writing as being suitable or required for the testing of compliance as envisaged in terms of regulations 6(1) and 7(1);

 

"orange"

means the fruit of the cultivars which are grown from the species Citrus sinensis (L.) Osbeck;

 

"other unspecified fruit"

means all other fruits not mentioned under this regulation;

 

"papaya"

means the fruit of the cultivars which are grown from the species Carica papaya;

 

"peach"

means the fruit of the cultivars which are grown from the species Prunus persica;

 

"pear"

means the fruit of the cultivars which are grown from the species Pyrus communis;

 

"persimmon"

means the fruit of the cultivars which are grown from the species Diospyros kaki.;

 

"pineapple"

means the fruit of the cultivars which are grown from the species Ananas comosus;

 

"plum"

means the fruit of the cultivars which are grown from the species Prunus salicina;

 

"pomegranate"

means the fruit of the cultivars which are grown from the species Punica granatum;

 

"prune"

means the fruit of the cultivars which are grown from the species Prunus domestica;

 

"pummelo (Shaddocks)"

means the fruit of the cultivars which are grown from the species Citrus grandis (L.) Osbeck;

 

"raspberry"

means the fruit of the cultivars which are grown from the species Rubus idaeus L., Rubus occidentalis L.;

 

"seville orange"

means the fruit of the cultivars which are grown from the species Citrus aurantium (L.);

 

"strawberry"

means the fruit of the cultivars which are grown from the species Fragaria ananassa;

 

"subtropical fruits"

means fruits of the kinds avocado,  mango, kiwifruit, litchi, pineapple, melon and watermelons;

 

"table grape"

means the fruit of the cultivars which are grown from the species Vitis vinifera;

 

"the Act"

means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); and

 

"water melon"

means the fruit of the cultivars which are grown from the species citrullus vulgaris.