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

Notices

Establishment of Levy and Determination of Guideline Prices: Levy on Cattle, Sheep, Goats, Red Meat, Red Meat Products, Processed Pork, Hides and Skins

1. Definitions

 

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 otherwise indicates–

 

"abattoir"

means a slaughter facility as defined in section 1 of the Meat Safety Act, 2000 (Act No. 40 of 2000), and where used in context of an obligation placed on an abattoir in this notice, refers to the owner of the slaughter facility;

 

"authorised official"

means any official in the employ of SARS overseeing the importation of goods into the Republic of South Africa including any border official or official involved in Customs and Excise duties;

 

"DAFF"

means the National Department of Agriculture, Forestry and Fisheries;

 

"designated animals"

for purposes of this notice, means cattle, sheep and goats;

 

"head"

means one designated animal irrespective of its age, size or weight or whether it is sold together with another animal, animals or offspring;

 

"hides and skins"

means the hides and skins of designated animals;

 

"importer"

means any person intending to or that has imported red meat and/or red meat products into the Republic of South Africa;

 

"import permit"

means an import permit issued under the Meat Safety Act, 2000 (Act No. 40 of 2000) or the Animal Disease Act, 1984 (Act No. 35 of 1984) by or on behalf of DAFF;

 

"issuing officer"

means a person authorised to issue a permit for the import of red meat or red meat products under the Meat Safety Act, 2000 (Act No. 40 of 2000) or the Animal Disease Act, 1984 (Act No. 35 of 1984);

 

"livestock agent"

means any person who acts as the agent of the buyer or seller of the designated animals, whether the risk of ownership of such designated animals has passed to such person or not;

 

"Levy Administrator"

means Meat Statutory Measure Services, the juristic person entrusted with the implementation, administration and enforcement of the statutory levy established in this notice;

 

"meat processor"

means any person who conducts a business that involves processing red meat, red meat products or processed pork for commercial gain;

 

"meat trader"

means any person selling red meat or red meat products, whether operating independently or as part of a group or chain, and irrespective of whether such sale takes place through wholesale or retail meat trader outlets, but excluding a person who sells red meat, red meat products, or processed pork exclusively as part of that person’s restaurant business or similar culinary trade;

 

"meat trader outlet"

means any premises where red meat or red meat products is traded, whether as part of the operations of another business or in its own right, and regardless if the premises where red meat is traded is shared with other business activities or not;

 

"owner"

for the purposes of article 5 of this notice means, in relation to any designated animal—

(a) the person liable to pay the price charged by the abattoir for the slaughter of that animal; or
(b) the person on whose behalf the designated animal is delivered for slaughter, in the event that no price is charged by the abattoir for the slaughter of the designated animal; or
(c) the abattoir, if the abattoir was the last person to own or acquire the designated animal prior to the slaughter of such animal;

 

"person"

includes natural and juristic persons, partnerships, trusts, voluntary associations, co-operatives and any other bodies, institutions or establishments, whether incorporated or not;

 

"processed hide or skin"

means any hide or skin that has been chemically or mechanically processed to a tanned or pickled state, and "unprocessed hide or skin" means any hide or skin which has not been thus processed;

 

"processed pork"

means the meat of pigs that has been altered, other than cutting and portioning, dicing and mincing such meat, to enhance the said meat;

 

"processing"

in relation to red meat, means altering the meat, other than cutting, portioning, dicing and mincing such meat, to enhance the meat, and "process" and "processes" shall have a corresponding meaning;

 

"red meat"

means any carcass or part of a slaughtered and skinned designated animal, fresh or frozen which has not undergone any processing other than deboning, portioning, dicing, mincing, cooling or freezing;

 

"red meat products"

means any product derived from the processing of red meat, with or without the addition of other meat or food products;

 

"SARS"

means the South African Revenue Services;

 

"the Act"

means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended; and

 

"year"

for the purposes of section 5 of this notice, means the 365 days period after the inception of this levy, and every subsequent such period.