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 indicates otherwise:

“bonded warehouse activity”

means activities in relation to imported macadamias which have been wholly exempted from the payment of taxes in the manner envisaged in section 19 of the Customs and Excise Act;

“commercial production”

means any production undertaken for purposes other than household use or consumption;

“consolidator”

means a person that receives macadamias from growers for the purpose of preparing and packing for sale such macadamias, and/or any person that buys macadamias from growers and/or acts as an agent for the sale of macadamias and/or acts as an agent or contractor in respect of the dehusking of NIS; and further includes growers that sell macadamias to traders, exporters, wholesalers, retailers, consumers and/or other purchasers (but specifically excludes any bonded warehouse activity);

“Customs and Excise Act”

means the Customs and Excise Act, 1964 (Act no. 91 of 1964);

“exporter”

means any person that exports macadamias for his own account or acts as an agent on behalf of producers, consolidators, processors and/or packers of macadamias in relation to the export of macadamias;

“grower”

is synonymous with the term “producer” and means any person engaging, in a proprietary capacity, in the commercial production of macadamias inclusive of persons or entities who process, produce or, trade with their own macadamias and/or who grow and/or sell macadamia trees;

“grower’s returns”

means any remuneration, consideration and/or proceeds payable to a grower in respect of the applicable macadamias;

“importer”

means an entity who imports macadamias into South Africa for any purpose (other than storage and processing in a bonded warehouse activity) and includes persons organizing imports on behalf of or in the name of another person or entity;

“inspector”

means an inspector appointed by the Minister of Agriculture, Land Reform and Rural Development in terms of section 21 of the Act;

”kernel”

means the edible seed of the macadamia;

“levy”

has the meaning ascribed thereto in the Act;

“macadamias”

means the fruits of the macadamia tree including but not limited to NIH, NIS or kernel;

“macadamia industry”

means all participants and role players in the South African macadamia industry;

“NIH”

means nut in husk;

“NIS”

means nut in shell;

“NIS industry standard”

means notwithstanding the actual form and volume of the applicable macadamias, NIS with a kernel moisture content of 1.5% (determined by way of utilization of prevailing macadamia industry standards, provided such standards are reasonably acceptable to SAMAC);

“person”

means any natural or juristic person and includes a partnership, association or statutory body;

“Prescribed Rate of Interest Act”

means the Prescribed Rate of Interest Act, 1975 (Act no. 55 of 1975);

“processor”

means a person that sorts, cleans cracks and/or processes macadamias, excluding growers that dehusk and dry their own macadamias;

“SAMAC”

means Macadamias South Africa Non-Profit Company with registration number 2017/656242/08;

“statutory measure”

has the meaning ascribed thereto in the Act; and

“the Act”

means the Marketing of Agricultural Products Act, 1996 (Act no. 47 of 1996), as amended.