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:

“address”

means the physical address where the applicable business is conducted, whether at a home, farm or other premises;

“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;

“contact details”

means the name and surname, cellular telephone number, landline number(s) and where applicable email address of an individual, business or entity;

“commercial production”

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

“commercial use”

means use 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 and/or processors or packers of macadamia in relation to the export of macadamias;

“geographic region”

means country of origin or destination, or South African province, or a sub-region of a province where otherwise indicated such as the Northern or Southern part of a province, for instance KwaZulu-Natal North Coast;

“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;

“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, Forestry and Fisheries 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;

“macadamia nursery”

means any person involved in the production of macadamia nut nursery trees, either for own commercial use or sale for commercial gain;

“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;

“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;

“sound kernel”

means the edible kernel expressed as a percentage of the total in shell weight;

“statutory measure”

has the meaning ascribed thereto in the Act;

“the Act”

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

“unsound kernel”

is inedible, defected kernel; and

“written requests”

means requests made by email, documents, letters transmitted via post or delivered by hand, to the addresses provided to SAMAC at the time of registration as a member of SAMAC.