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

Regulations

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

1. Definitions

 

In these regulations any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates;

 

"abnormal external moisture"

means an amount of moisture on the vegetable concerned that may detrimentally affect the quality thereof, excluding condensation following the release from cool storage or a refrigerated vehicle and traces of water when crushed ice is used;

 

"arthropoda"

means any stage in the life of an invertebrate member of the Animal Kingdom that is bilaterally symmetrical with a segmented body, with jointed limbs that are paired and a chitinous external skeleton;

 

"blemishes"

means any mark on the outer wall of the fresh vegetable which adversely affects the appearance thereof;

 

"bruises"

means any pressure wound/mark that is visually noticeable and that would affect the quality of fresh vegetables detrimentally;

 

"class"

means a class referred to in regulation 3;

 

"classified fresh vegetables"

means fresh vegetables which have been classified according to the classes specified in these regulations and of which the container is marked with a class designation or other designation indicating that the fresh vegetable is of a particular class or possesses particular quality properties;

 

"consignment' means;
(a) a quantity of fresh vegetables of the same class belonging to the same owner which is delivered at any one time under cover of the same consignment note, delivery note or receipt note, or is delivered by the same vehicle, or
(b) if such quantity is subdivided into different size groups or cultivars, each quantity of each of the different size groups or cultivars;

 

"container"

means the immediate container in which fresh vegetables are packed directly, the outer container in which prepacked units are packed and bulk containers excluding prepacked units and shipping containers in which pallet loads are shipped;

 

"decay"

means a state of decomposition, fungus development, insect infestation or insect damage with signs of tissue collapse or insect excrement which partly or completely affect the quality of the fresh vegetable detrimentally, is visually noticeable;

 

"diameter"

means the greatest transverse measurement of a fresh vegetable, measured at right angles to a line running from the stem-end to the apex of the fresh vegetable;

 

"firm"

means a stage of development at which the flesh of the fresh vegetable is firm enough to withstand normal commercial handling;

 

"Food Business Operator "

(FBO) means the person or persons responsible for ensuring that the prescribed requirements of these regulations are met within the food business as well as the person with overall authority on site or in the specific establishment;

 

"foreign matter"

means any matter which does not naturally form part of fresh vegetables and is visually noticeable thereon or between the fresh vegetables in a container;

 

"fresh vegetables"

means artichokes, asparagus, aubergines (egg-plant), beetroot, broccoli, brussel sprouts, butternut, cabbages, carrots, capsicums (peppers), cauliflower, celery, chillies, Chinese cabbage, courgettes (baby marrows), cucumber, mushrooms, endives, fennel, gem squashes, ginger, green beans, green onions, green peas, horse-radish, leeks, lettuce, okra, parsley, parsnips, pumpkins, radish, rhubarb, scorzonera, spinach, sweet corn, sweet potatoes, turnips, witloof chicory and unspecified vegetables;

 

"injury"

means any wound or puncture which has pierced the skin of the vegetable and exposes the flesh, with the exception of such wounds or puncture marks which have become completely calloused;

 

"inspector"

means the Executive Officer or an inspector under his control or an Assignee or a qualified employee of an Assignee;

 

"malformed"

means that the shape of a fresh vegetable is not typical of the cultivar concerned;

 

"miniature vegetables"

means a variety of carrots, courgettes, aubergines, cauliflower, cabbage, sweet corn or other type of vegetables obtained through plant breeding or special cultivation techniques, excluding produce of non-miniature varieties which have not fully developed or are inadequate in size and have "mini vegetables" or "baby vegetables" a corresponding meaning;

 

"sun-scorch"

means any damage caused by exposure to the sun and that detrimentally affects the appearance and quality of the vegetable;

 

"the Act"

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

 

"unclassified fresh vegetables"

means fresh vegetables which have not been classified according to the classes specified in these regulations and the quality specifications in Part II, and of which the container is marked with a designation Lowest Class or class or grade has been applied to the container,

 

"unspecified defects"

means any defects caused by physiological or non-physiological factors affecting the quality of the fresh vegetable detrimentally, and;

 

"unspecified vegetables"

means any other kind of vegetables which is not mentioned under "fresh vegetables".