AGRICULTURAL PRODUCTS: INPUT SOUGHT ON DRAFT MANAGEMENT CONTROL SYSTEM REGULATIONS

AGRICULTURAL PRODUCTS: INPUT SOUGHT ON DRAFT MANAGEMENT CONTROL SYSTEM REGULATIONS

• 24 May 2024
• Agriculture, Land Reform & Rural Development
• SA Legal Academy

The Department of Agriculture, Land Reform & Rural Development has called for input by 23 June 2024 on draft management control system regulations under the Agricultural Product Standards Act, 1990.

Focusing on the sale and export of primary and processed products of vegetable or animal origin wholly or in part, the proposed new regulations will nevertheless not apply to liquor and alcoholic beverages falling under the Liquor Products Act, 1989.

The draft regulations define:

• a management control system as ‘a method of production that may be claimed through the use of a name, word, expression, reference, particulars or indication in any manner either by itself or in conjunction with any other verbal, written, printed, illustrated or visual material’
• method of production as ‘a manner of production and or processing and or handling of certain agricultural products following a particular audited protocol … distinguished by the use of a claim’, and
• product as ‘any commodity of vegetable or animal origin or produced from a substance of vegetable or animal origin … consisting wholly or partially of such substance’.

Against that backdrop, the proposed new regulations prescribe:

• the procedures to be followed before using a management control system in the manufacturing process
• the management control system registration process (which includes an invitation to object to the system’s registration)
• the procedures to be followed when objecting to a registration application
• the process to be followed when cancelling a management control system
• the circumstances in which a manufacturer should be disqualified from using a registered management control system
• the registered management control system auditing process
• labelling requirements for products ‘derived from a registered management control system’, and
• the grace period available to any manufacturer of products legally marketed before the management control system concerned was either registered or failed to meet registration requirements,

Provision is made for establishing and maintaining a management control systems register.

• draft regulations

Published by SA Legal Academy Policy Watch

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