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Mr. LC Mthethwa Mr. TM. Dlamini DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES AGRICULTURAL INPUTS CONTROL: ACT NO. 36 OF 1947 INSPECTION SERVICES 05 February 2014. SA Association of Freight Forwarders-KZN PRESSNTATION. Mr . LC Mthethwa Mr. TM. Dlamini
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Mr. LC Mthethwa Mr. TM. Dlamini DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES AGRICULTURAL INPUTS CONTROL: ACT NO. 36 OF 1947 INSPECTION SERVICES 05 February 2014
SA Association of Freight Forwarders-KZN PRESSNTATION Mr. LC Mthethwa Mr. TM. Dlamini DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES AGRICULTURAL INPUTS CONTROL: ACT NO. 36 OF 1947 INSPECTION SERVICES 05 February 2014
PURPOSE OF THE ACT • To provide for appointment of Registrar of Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies; • For registration of Fertilizers, Farm feeds, Agricultural Remedies, Stock Remedies, Sterilizing Plants and Pest Control Operators; • To regulate or prohibit the importation, sale, acquisition, disposal or use of Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies; • To provide for the designation of Technical Advisers and Analysts; • And to provide for matters incidental thereto.
DEFINITIONS • Agricultural remedy (Pesticides/Herbicides) - means any chemical substance or biological remedy, or any mixture or combination of any substance or remedy intended or offered to be used- (a) for the destruction, control, repelling, attraction or prevention of any undesired microbe, alga, nematode, fungus, insect, plant, vertebrate, invertebrate, or any product thereof, but excluding any chemical substance, biological remedy or other remedy in so far as it is controlled under the Medicines and Related Substances Control Act, 1965 (Act 101of 1965), or the Hazardous Substances Act, 1973 (Act 15 of 1973); or (b) as plantgrowth regulator, defoliant, desiccant or legume inoculant, and anything else which the Minister has by notice in the Gazette declared an agricultural remedy for the purposes of this Act:
DEFINITIONS • Farm feed (Including Pet food) - means any substance obtained by a process of crushing, gristing or grinding, or by the addition to any substance or the removal there from of any ingredient; or (a)(ii) any condimental food, vitamin or mineral substance or other substance which possesses or is alleged to possess nutritive properties; or (iii) any bone product, intended or sold for the feeding of domestic animals or livestock; or (b) any stock lick or substance which can be and is used as a stock lick, whether or not such stock lick or substance possesses medicinal properties.
DEFINITIONS • Fertilizer - means any substance which is intended or offered to be used for improving or maintaining the growth of plants or the productivity of the soil; • Stock remedy - means a substance intended or offered to be used in connection with domestic animals, livestock, poultry, fish or wild animals (including wild birds), for the diagnosis, prevention, treatment or cure of any disease, infection or other unhealthy condition, or for the maintenance or improvement of health, growth, production or working capacity, but excluding any substance in so far as it is controlled under the Medicines and Related Substances Control Act, 1965 (Act 101 of 1965).
PRODUCTS/GOODS REGULATED IN TERMS OF ACT NO. 36 OF 1947 • FERTILISERS • 1.Group 1 or Inorganic fertilisers • Indicated by a K number • 2.Group II or Organic fertilisers • Indicated by a B number • FARM FEEDS • Indicated by a V number • Include livestock feeds, pet foods, vitamins and mineral supplements
PRODUCTS/GOODS REGULATED IN TERMS OF ACT NO. 36 OF 1947 -Cont AGRICULTURAL REMEDIES • Indicated by a L number • Include insecticides, herbicides, fungicides, plant growth regulators, defoliants, desiccants and adjuvants. STOCK REMEDIES • Indicated by a G number • Antiparasiticides (dips, dewormers), Antiprotozoals (anti-coccidials, anti-babesials) Antifungals ringworm remedies), Mastitis preparations (intra-mammary), Certain Antibiotics (Tetracyclines, sulphonamides), Disinfectants, Vaccines, Production Enhancers (Growth Promoters), Dermatology Preparations
LABELLING OF CONTAINERS OF PRODUCTS • Trademark and trade name may be used by the person who are products concerned is registered to. • The registration number of products shall be expressed as follows: L ….. Act 36/1947 - Agricultural remedy V….. Act 36/1947 - Farm feed G…..Act 36/1947 - Stock remedy K …. Act 36/1947 - Fertilizer (in-organic e.g. Urea, 3:2:2 (40) B…..Act 36/1947 - Fertilizer (organic e.g. Compost) • The composition of the product. • Batch number, date of manufacture and/or expiry date.
Products in Bulk In case of products imported in bulk • The registration number • The composition of the product. • Batch number, date of manufacture and/or expiry date Must be indicated in an invoice
Import of fertilizers, farm feeds, agricultural remedies and stock remedies – Sec 16 No person shall import any fertilizer, farm feed, agricultural remedy or stock remedy into the Republic unless- • such fertilizer, farm feed, agricultural remedy or stock remedy is registered in terms of this Act • is of the composition and efficacy specified • in the application for registration thereof, possesses all chemical, physical • and other properties so specified and complies with the requirements prescribed in respect thereof • is packed in a sealed container which is marked or labelled in the prescribed manner with the prescribed particulars; • Imported through a prescribed port of entry
NON COMPLIANCE - SEC 16 (6) If any fertilizer, farm feed, agricultural remedy or stock remedy has been imported contrary to the provisions of this section, such fertilizer, farm feed, agricultural remedy or stock remedy shall at the option of the importer thereof- • (i) at the expense of such importer be removed from the country within such period as the registrar may determine; or • (ii) be forfeited to the State and be either destroyed or otherwise disposed of as the registrar may direct
INSPECTIONS – SEC 15 • Includes checking :SAD500, invoice/ packing list, registration certificate or import permit, container labeling. • Taking samples if necessary • If product complies , it is released • Non complying products, the conditions of section 16 (16) shall apply.
CONCLUSION It is the responsibility of the Importer to ensure that products comply with South AFRICAN laws AND Regulations. The Purpose of the Act is self explanatory “to regulate or prohibit the importation”
Contact details and information sources • Inspections Services: 033 345 3558/031 368 8500 • The Head of Inspections: 012 319 7169 • Website: http://www.daff.gov.za/Daffweb1/Branches/Agricultural-Production-Health-Food-Safety/Agriculture-Inputs-Control
THANK YOU 033 345 3558