| (i) |
unless that product is sold according to the prescribed class or grade; |
| (ii) |
unless that product complies with the prescribed standards regarding the quality thereof, or a class or grade thereof; |
| (iii) |
unless the prescribed requirements in connection with the management control system, packing, marking and labelling of that product are complied with; |
[Subsection (1)(a)(iii) substituted by section 3(a) of Act No. 63 of 1998]
| (iv) |
if that product contains a prescribed prohibited substance or does not contain a prescribed substance; and |
| (v) |
unless that product is packed, marked and labelled in the prescribed manner or with the prescribed particulars; |
| (b) |
determine that a prohibition referred to in paragraph (a) shall apply only to a prescribed category of persons or in a prescribed area, or exclude a prescribed category of persons or a prescribed area from such prohibition, or determine that a prohibition shall only apply under such other prescribed circumstances as the Minister deems necessary; and |
| (c) |
authorize only the executive officer to exempt any person in writing, either entirely or partially, on the conditions which the executive officer deems necessary, from a prohibition referred to in paragraph (a), and the executive officer may grant such exemption either in general or in respect of a particular quantity of a product, |
(1A)
| (a) |
Fees may be charged in respect of the powers exercised and duties performed by the executive officer or the assignee, as the case may be, to ensure compliance with this section. |
| (b) |
In the case of powers exercised and duties performed by— |
| (i) |
the executive officer, the prescribed fee shall be payable; and |
| (ii) |
the assignee, the fee determined by such assignee shall be payable. |
[Section 3(1A) inserted by section 3(b) of Act No. 63 of 1998]
| (1B) |
Any fee determined in terms of subsection (1A)(b)(ii) shall be calculated on a cost-recovery basis, and shall only come into effect if— |
| (a) |
the assignee concerned, within a specified period, has submitted a business plan and budget setting out the powers and duties to be exercised and performed by the assignee and the expected costs associated therewith to the executive officer for consideration; |
| (b) |
the executive officer, within a specified period, has invited written comment on the business plan and budget of such assignee from interested parties or individuals who are directly affected by the actions of that assignee; and |
| (c) |
the executive officer, after consideration of the comments received in terms of paragraph (b), has in writing approved the business plan and budget of the assignee for a specified period, not exceeding 12 months, set out in such approval. |
[Section 3(1B) inserted by section 3 of the Agricultural Product Standards Amendment Act 12 of 2023, Notice No. 4594, GG50427, dated 3 April 2024 – effective 22 August 2025 per Proclamation 279, GG53210, dated 22 August 2025]
(2)
| (a) |
A notice issued under section 84 of the Marketing Act, 1968 (Act No. 59 of 1968), and in force immediately prior to the commencement of this section, shall be deemed to be a prohibition referred to in subsection (1)(a). |
| (b) |
A regulation made under section 89 of the Marketing Act, 1968, which is connected with a notice referred to in section 84 of that Act, and in force immediately prior to the commencement of this section, shall be deemed to be a regulation made under section 15 of this Act. |
Tourism Act, 2014
