New rules governing the marking requirements with respect to fresh vegetables sold on the local market
The Department of Agriculture, Forestry and Fisheries (DAFF) has observed a general culture of non-compliance by both the producers, packers, sellers and retailers with respect to the regulations relating to the grading, packing & marking of fresh vegetables intended for sale in the Republic of South Africa throughout the national fresh produce markets and some retailers.
Regulation R69 of 13 February 2009 framed under the Agricultural Product Standards Act (APS Act) 1990 (Act No. 119 of 1990) is to be complied with before end of December 2010. The aforementioned Regulations came into force on the 13th February 2009 through Government Gazette no. 31828 which implied that due compliance by the fresh vegetable industry was immediately expected.
Fresh vegetables shall be packed in accordance with Section 6 and shall be marked in accordance with Section 10 of regulation R69 of the APS Act. Producers are obliged to apply for a Producers’ code or Pack-house code from the DAFF which is a marking requirement for traceability purposes. Producers are to ensure that containers that are packed with fresh vegetables are marked clearly and legibly with the prescribed particulars.
The first batch of products which the DAFF inspectors will focus on are carrots, butternuts, peppers, cucumbers, beetroots, green beans, broccoli, sweet potatoes, asparagus, mushrooms and cabbages. Produce such garlic, tomatoes, potatoes and onions are already regulated and need to be fully complied with.
The expectation to comply with the marking requirements for the selected products is with immediate effect. When the grace period of four months has lapsed, consignments that do not comply with the marking requirements shall be blocked for sale until all the produce containers/units are marked as per the requirements of R69 of the APS Act.
The first phase of implementation starts from September up to December 2010. During this concession period no consignment of fresh vegetables shall be rejected on the basis of non-compliance however this period should be viewed and used as a grace period to allow the industry to gear towards complete adherence to the Regulations.
From 01 January 2011 onwards, the sale of non-complying vegetable products with respect to packing, marking and labelling requirements shall be prohibited by the DAFF. The prohibition will be effected at the point of sale (at the wholesale or retail level).
Enquiries can be directed to the Directorate: Food Safety and Quality Assurance, Private Bag X343, Pretoria, 0001, Tel: +27 123196023
