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

Notices

Establishment of Statutory Measure: Records and Returns relating to Macadamias Domestic Production, Processing, Imports, Exports of Macadamia Nuts as well as Trees

5. Records to be kept and returns to be rendered

 

(1) The following parties shall keep records and furnish returns to SAMAC, its inspectors or the South African Police Service as may be required by written requests, with regard to macadamias and macadamia trees:
(a) Nurseries;
(b) Growers;
(c) Processors;
(d) Consolidators;
(e) Importers; and
(f) Exporters.

 

(2) Records and returns shall in the case of nurseries, contain information with regard to the following:
(a) Number of trees and cultivars produced in a given period;
(b) Rootstocks;
(c) Scion cultivars;
(d) Geographic distribution of tree sales (including cultivar indication);
(e) Province of the nursery;
(f) Number of exported trees and cultivars; and
(g) Name of country exported to.

 

(3) Records and returns shall in the case of growers, contain information with regard to the following:
(a) Number of trees planted;
(b) Number of hectares planted;
(c) Tree age;
(d) Rootstocks;
(e) Scion cultivars;
(f) Presence or absence of irrigation systems;
(g) Crop estimates and crop produced previous year (NIS industry standard);
(h) Total volume of NIS, NIH and kernel delivered to consolidators, processors, importers and exporters;
(i) The location of the properties relating to the information from which the information contained in (a) to (h) above is derived (inclusive of GPS coordinates); and
(j) Contact details of the consolidators, processors, importers and exporters to whom macadamias are delivered (inclusive of the addresses).

 

(4) Records and returns shall in the case of Processors contain information with regard to the following:
(a) Carryover stock from previous seasons;
(b) Forecast intake of NIS for a given period by geographic region;
(c) Actual intake of NIS for a given period;
(d) Forecast kernel production of various styles for a given period;
(e) Kernel stock of various styles not committed for sale for a given period;
(f) NIS shipments with corresponding volumes per geographic region for a given period;
(g) Kernel shipments with corresponding volumes per geographic region for a given period;
(h) Soundkernel production;
(i) Details of factors leading to unsound kernel;
(j) NIS intake by geographic region;
(k) Kernel intake by geographic region;
(l) Contact details, SAMAC growers codes and address of individuals and/or suppliers of NIS and their corresponding total deliveries of NIS;
(m) The contact details and address of individual growers and / or suppliers of kernel and their corresponding total deliveries of kernel;
(n) In the instance where kernel is bought or received from growers, processors, individuals or any other parties, contact details and address of such suppliers of kernel, as well as confirmation by means of an affidavit or warranty that the levies due to SAMAC were paid to SAMAC on the specific consignment of kernel; and
(o) In the instance where NIS is bought or received from entities other than growers, such as processors, consolidators, individuals or any other parties, contact details and address of such suppliers of NIS as well as confirmation by means of an affidavit or warranty that the levies due to SAMAC were paid to SAMAC in relation to the specific consignment of NIS.

 

(5) Records and returns shall in the case of consolidators, contain information with regard to the following:
(a) Carryover stock from previous seasons;
(b) Forecast intake of NIS for a given period by geographic region;
(c) Intake of NIS macadamias for a given period;
(d) NIS shipments with corresponding volumes per geographic region for a given period;
(e) NIS not committed for sale for a given period;
(f) NIS intake by geographic region;
(g) Kernel intake by geographic region;
(h) Contact details and addresses of individual growers and / or suppliers of NIS and their corresponding total deliveries of NIS;
(i) Contact details and address of individual growers and / or suppliers of kernel and their corresponding total deliveries of kernel;
(j) In the instance where kernel is bought or received from growers, processors, individuals or other any parties, contact details and address of such suppliers of kernel, as well as confirmation by means of an affidavit or warranty that the levies due to SAMAC in respect of the specific consignment of kernel were paid to SAMAC; and
(k) In the instance where NIS are bought or received from entities other than growers, such as processors, consolidators, individuals or other parties, contact details and addresses of such suppliers of NIS, as well as confirmation by means of an affidavit or warranty that the levies to SAMAC were paid to SAMAC.

 

(6) Records and returns shall in the case of importers, contain information with regard to the following:
(a) Volume of NIS imported in a given period;
(b) Volume of kernel imported in a given period; and
(c) Country of origin of imports and bonded imports.

 

(7) Records and returns shall in the case of exporters, contain information with regard to the following:
(a) Volume of NIS exported in a given period;
(b) Volume of kernel exported in a given period;
(c) country of destination of exports;
(d) Contacts details and address of sources of NIS obtained for export with the respective corresponding volumes; and
(e) Contacts details and address of sources of kernel obtained for export with the respective corresponding volumes.

 

(8) The Department of Agriculture, Land Reform and Rural Development or its assignee shall render a copy of all import certificates or furnish the information required by SAMAC contained in such certificates within the period specified in sub-clause (9).

 

(9) The Department of Agriculture, Land Reform and Rural Development, the Perishable Products Export Control Board or any other assignee of the Department of Agriculture, Land Reform and Rural Development mandated to carry out export and/or local inspections shall render information relating to specific importers, exporters, processors and consolidators and the respective import or export volumes of all macadamia products, including kernel and nut in shell, to SAMAC.

 

(10) The records referred to in sub-clauses (2) – (7) shall be verified annually by an accounting firm registered with a professional body, who shall be required to provide confirmation that all information (inclusive of the NIH, NIS and kernel intake volumes provided to SAMAC) in relation to the previous year, are true, accurate and correct. Such confirmation shall be submitted to SAMAC before 30 June of each year. The report compiled by the accounting firm shall comply with International Standard on Related Services ISRS 4400 – Engagements to Perform Agreed-Upon Procedures and will include all the information required set out above and such reasonable directions imposed by SAMAC.

 

(11) Forms shall be submitted,
(a) When sent by email, addressed to—

[email protected]

 

(b) when forwarded by post, to—

SAMAC

Suite #431

Private Bag X1

Jansen Park

1462

 

(c) when delivered by hand, be delivered to—

SAMAC

Unit 15, Benvista Office Park

Edgar Road

Jansen Park

1462