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Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996)

10. Request for establishment, continuation, amendment or repeal of statutory measure

 

(1) A directly affected group or the parliamentary committees may in writing request the Minister to establish, continue, amend or repeal one or more statutory measures.

 

(2) A request under subsection (1) shall, where relevant, contain particulars—
(a) regarding the agricultural products or class of agricultural products to which such existing or proposed statutory measure relates, the categories and sub-categories of directly affected groups which will probably be affected by such establishment, continuation, amendment or repeal, evidence of support by directly affected groups, and the geographical areas in which the statutory measure applies or should apply;
(b) in the case of a request to establish or continue a statutory measure, of the manner in which one or more of the objectives referred to in section 2(2) will be furthered as a result thereof and demonstrate that none of the other such objectives will be substantially prejudiced and that such establishment or continuation will not contravene section 2(3);
(c) in the case of a request to amend or repeal a statutory measure, of the reasons why such statutory measure fails or has ceased to further one or more of the objectives referred to in section 2(2) or why it is substantially detrimental to one or more of the other such objectives or contravenes section 2(3);
(d) regarding the business plan to be implemented in order to establish, continue, amend or repeal the statutory measure;
(e) subject to section 13(2)(a), regarding the duration of the implementation of the statutory measure;
(f) regarding an institution or body of persons which might be a suitable vehicle for implementation;
(g) regarding the most appropriate way of organising the inspection and enforcement of the intervention.

 

(3) Any particulars contemplated in subsection (2)(f) shall include a motivation as to why such institution or body of persons would be the most appropriate vehicle for the implementation, and shall give details as to the legal standing of that institution or body of persons, as well as its composition, and the degree to which that composition reflects the various parties interested in the proposed intervention.

 

(4) Any request in terms of subsection (1) shall contain particulars in respect of the financial implications of such request for the fiscus.