Acts Online
GT Shield

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

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"advertisement"

in relation to a product, means any written, illustrated, visual or other descriptive matter or oral statement, communication, representation or reference which is distributed among members of the public or otherwise brought to their notice, and which is or purports to be intended to promote the sale of a product or to encourage the use thereof or otherwise to draw attention thereto; and "advertise" has a corresponding meaning;

 

"appeal board"

means an appeal board appointed in terms of section 10(1);

 

"assignee"

means a person, undertaking, body, institution, association or board designated as such under section 2(3);

 

"class or grade"

in relation to a product, means a class of that product determined according to the size, mass, measure, number, measurements, colour, appearance, purity, or chemical, physical or micro-biological composition, or another feature or characteristic, of the product concerned, or a unit or quantity thereof;

 

"conveyance"

means any aircraft, ship, boat, train, motor car, van, truck, cart or other vehicle or mode of transport of whatever kind, including the fittings and equipment;

[Definition inserted by section 1(a) of Act No. 63 of 1998]

 

"department"

means the Department of Agriculture;

 

"Director-General"

means the Director-General: Agriculture

 

"distinctive mark"

means a distinctive mark prescribed under section 5(1);

 

"executive officer"

means the officer designated under section 2(1);

 

"export"

means export from the Republic by any means and for any purpose, and when used as a noun it shall have a corresponding meaning;

 

"import"

means to bring into the Republic by any means and for any purpose and when used as a noun it shall have a corresponding meaning;

[Definition inserted by section 1(b) of Act No. 63 of 1998]

 

"management control system"

means the principles of procedure with regard to a product, from its primary production to its sale or export;

[Definition inserted by section 1(b) of Act No. 63 of 1998]

 

"Minister"

means the Minister of Agriculture;

 

"officer"

means an officer as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and includes an employee as defined in section 1 of that Act;

[Definition substituted by section 1(c) of Act No. 63 of 1998]

 

"prescribed"

means prescribed by regulation;

 

"product"

means—

(a) any commodity of vegetable or animal origin, or produced from a substance of vegetable or animal origin, and which consists wholly or partially of such substance; and
(b) any other commodity which in general appearance, presentation and intended use corresponds to a commodity referred to in paragraph (a);

 

"regulation"

means a regulation made under section 15;

 

"sell"

includes agree to sell, or offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale, or to exchange or to dispose of in any way for any consideration;

 

"this Act"

includes the regulations.