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

Regulations

Regulations relating to the Quality, Grading, Packing and Marking of Tomatoes intended for sale in the Republic of South Africa

Containers, Packing and Marking Requirements

10. Marking requirements

 

(1) Containers containing tomatoes destined for sale shall be marked in clear and legible letters and numerals in a manner described in subregulation (5) with the following particulars:
(a) The name of the FBO or trademark and physical or postal address of either the producer or owner or importer or packer of the tomatoes packed in that container.
(b) The expression "Product of" followed by the name of the country of origin of the tomatoes.
(c) The class, in the case of Class 1, Class 2, Class 3 and Lowest Class:  Provided that additional to the class names the following names may be used:
• Class 1 - First,
• Class 2 - Select,
• Class 3 - Standard,
• Lowest Class - Budget.
(d) The size group of the tomatoes in the container, indicated as either minimum diameter and maximum diameter or as—
• "Extra Large" or "XL",
• "Large" or "L",
• "Medium Plus" or "M+",
• "Medium" or "M",
• "Medium small" or MS
• "Small" or "S" and
• "Extra Small" or "XS" tomatoes: Provided that the size group indication may be omitted in the case of  speciality types of tomatoes and tomatoes packed in heightened transparent plastic bags and containers for retail sale.
(e) The net mass of the contents as prescribed by the Legal Metrology Act, 2014 (Act No. 9 of 2014)
(f) The word "tomatoes", in the case of containers the contents of which are not visible from outside.

 

(2) If containers containing tomatoes are packed in a carrier container where the contents are not visible, each carrier container shall be marked with the particulars in subregulation (1), as well as with the number of containers it contains, on at least one end of every carrier container by means of stamping or stenciling or by pasting a printed label thereon.

 

(3) The particulars prescribed in subregulation (1) shall be indicated on the container by stamping, printing or by affixing a label thereon.

 

(4) Particulars shall be printed in English or both in English and any other official language: Provided that internationally acknowledged symbols may be used.

 

(5) If at any stage the class or size designation should change the labels shall be replaced unless the new class or size designation is stamped across the old class or size designation, in clear legible letters of at least 2 mm larger than the previous marks, with a suitable stamp.

 

(6) Each container containing tomatoes shall be provided with only one or more labels that shall be—
(a) intact, clean, and neat;
(b) manufactured from paper or other suitable material; and
(c) affixed firmly to the container and in such a manner that re-stamping is possible without opening or damaging the container.

 

(7) If classified tomatoes are displayed for sale in loose quantities—
(a) any quantity of a particular class, size group or cultivar shall not be displayed mixed with tomatoes of any other class, size group or cultivar except in the case of speciality types of tomatoes;
(b) the class of the tomatoes shall be indicated in clear, legible letters on the label or notice board prominently placed at the quantity of tomatoes.

 

(8) Containers containing unclassified tomatoes shall be marked with no class or unclassed in clear and legible letters and also comply with subregulations 10(1)(a), (b), (e), and (f) and sub regulations 10(2), (3), (4) and (6).