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

Regulations

Regulations regarding Control of the Export of Fresh Cut Flowers and Fresh Ornamental Foliage

1. Definitions

 

In these Regulations any word or expression to which a meaning has been assigned in the Act, shall have that meaning, and—

 

"assignee"

means a person, undertaking, body, institution, association or board designated as such under section 2(3)(a) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);

 

"certlflcate"

means a certificate that may be issued either In paper format (including electronically prepared) or In a verified electronic format which describe and attest to conformity of a consignment of regulated agricultural products to stipulated requirements as set out in regulation 6;

 

"chinkerinchees"

means the sexual reproductive parts of the genus Ornithogalum;

 

"consignment"

means a quantity of fresh cut flowers and fresh ornamental foliage of the same cultivar, belonging to the same owner and delivered at the same time under cover of the same delivery note, consignment note or receipt note, or is delivered by the same vehicle, or in the case of  a quantity of fresh cut flowers and fresh ornamental foliage that is divided into different cultivars, classes, diameter groups, pallet loads, trademarks or types of packaging, every quantity of each of the different cultivars, classes, diameter groups, pallet loads, trademarks of types of packaging;

 

"consignment note"

means a description of consignment approved by the Executive Officer or Assignee;

 

"Executive Officer"

means the officer designated under section 2 (1) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

 

"flowers"

means the inflorescence or buds which normally houses the sexual reproductive parts of plants, foliage and stems which is not dried and of which the moisture content is more than 15 per cent, and—

(i) fresh follage and stems of plants or mixtures of different plants;  and
(ii) fresh parts of plants,

which are destined to be used for decorative purposes;

 

"fresh cut flowers and fresh ornamental foliage"

means flowers of the kinds chinkerinchees, flowers, ornamental foliage, ornithogalum bulbs and protea;

 

"inspector''

means the Executive Officer or an officer under his control, or an Assignee or an employee of an Assignee;

 

"ISO"

means International Organization for Standardization;

 

"National Reference Laboratory"

means an official laboratory of the Department of Agriculture, Land Reform and Rural Development and the Perishable Products Export Control Board that has been nominated in writing by the Executive Officer for the testing of compliance as envisaged in terms of regulations 6(1) and 7(1);

 

"officially recognized laboratory"

means any laboratory that is not a National Reference Laboratory and that is nominated by the Executive Officer in writing as being suitable or required for the testing of compliance as envisaged in terms of regulations 6(1) and 7(1);

 

"ornamental foliage"

means the fresh leaves and fresh stems of any plant (inter alia ferns) which are used for ornamental purposes.

 

"ornithogalum bulbs"

means the subterranean reproduction parts obtained from the genus Ornithogalum;

 

"protea"

means the sexual reproductive and vegetative parts of the family Proteaceae; and

 

"the Act"

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