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National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)

Compulsory Specifications

14. Effect of declaration as compulsory specification

 

(1) No person may import, sell or supply a commodity, product or service to which a compulsory specification applies, except in accordance with that specification.

 

(2) No person may import, sell or supply a commodity, product or service to which a compulsory specification applies, unless—
(a) the commodity, product or service complies with, or has been manufactured in accordance with, the compulsory specification, or both; and
(b) if applicable, the distinctive mark referred to in section 13(6)(a) has been applied to the commodity, product or service in the prescribed manner and the commodity, product or service has been marked in accordance with any requirements in terms of section 13(6)(b).

 

(3) Any person who imports, sells or supplies a commodity, product or service to which a compulsory specification applies, must—
(a) keep or supply to the National Regulator such records as may be prescribed by the Minister.
(b) pay such fees to the National Regulator as may be prescribed by the Minister after consultation with the Minister of Finance.

 

(4) The National Regulator may issue a sales permit exempting the person to whom it has been issued from complying with subsection (2)(a).

 

(5) The National Regulator may issue a permit exempting the person to whom it has been issued from complying with subsection (2)(a) for an experimental type approval commodity or product to which a compulsory specification applies.

 

(6) The Minister may make regulations in terms of section 36 to prescribe the process for the issuing of a permit contemplated in subsection (4) or (5).