Required Report - public distribution

**Date:** 7/17/2006

**GAIN Report Number:** SF6027

SF0000

**South Africa, Republic of**

**Food and Agricultural Import Regulations and Standards**

**Country Report**

**2006**

**Approved by:**

![](media/image1.wmf)Rachel Bickford

U.S. Embassy

**Prepared by:**

Rachel Bickford and Patricia Mabiletsa

**Report Highlights:**

**Updated on July 17,2006**

**Sections Updated: I, II, IV, VI, and IX.**

South Africa's agricultural department released a new policy on Plant
Health to bring their regulations in line with international regulations
for quarantine of plant pests, and may end up being adopted by the
entire Southern Africa. Several amendments made to the Agricultural
Product Standards Act of 1990 and the Foodstuff Act of 1972 include
regulations relating to maize, dry beans, and fruit juices.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Pretoria \[SF1\]

\[SF\]

Table of Contents

[**I. FOOD LAWS 3**](#food-laws)

[II. FOOD LABELING 4](#__RefHeading___Toc79979517)

[III. PACKAGING AND CONTAINER REGULATIONS
6](#iii.-packaging-and-container-regulations)

[IV. FOOD ADDITIVE REGULATIONS 7](#iv.-food-additive-regulations)

[V. PESTICIDE AND OTHER CONTAMINANTS
7](#v.-pesticide-and-other-contaminants)

[VI. OTHER REGULATIONS AND REQUIREMENTS
9](#vi.-other-regulations-and-requirements)

> [Testing 9](#testing)
>
> [Certification 9](#certification)
>
> [Special Documentation/Conformity Assessment Requirements
> 10](#special-documentationconformity-assessment-requirements)

[VII. OTHER SPECIFIC STANDARDS 10](#vii.-other-specific-standards)

> [Vitamin-Enrichment Requirements 10](#vitamin-enrichment-requirements)
>
> [Genetically Modified Organisms (GMOs)
> 11](#genetically-modified-organisms-gmos)

[VIII. Copyright and/or Trademark Laws
11](#viii.-copyright-andor-trademark-laws)

[IX. IMPORT PROCEDURES 13](#__RefHeading___Toc79979529)

[APPENDIX I 14](#appendix-i)

[Appendix III 16](#appendix-iii)

# FOOD LAWS

On November 18,2006, the regulation governing microbiological standards,
under the FCD Act of 1972, was amended to regulate against a sale for
consumption of fruit juice of which 1ml contains: a total viable count
of more than 10,000 of colony forming units; a coliform count of more
than 100 colony forming units; a yeast mould count of 1,000 colony
forming units; any detectable levels of E.Coli; and, its 25ml contains
any detectable Salmonella spp.

[http://www.doh.gov.za](http://www.doh.gov.za/)

South Africa's food control system is conducted under the terms of at
least fourteen acts that are administered and enforced by numerous
authorities and assignees at all three tiers of government (national,
provincial and local). The three agencies tasked with developing and
enforcing food safety standards in South Africa are the Department of
Health (DOH), the Department of Agriculture (DoA) and the South African
Bureau of Standards' (SABS) Directorate of Regulatory Affairs and
Consumer Protection. Under the DOH it is the Directorate of Food Control
(DFC) that oversees food safety and under the DoA the Sub-directorate
Agric Product Quality Assurance (SAPQA) and the Directorate of Plant
Health and Quality (PHQ). Although a number of coordination mechanisms
have been established, these have not succeeded in eliminating the
problems caused by the fragmentation of control.

Late in 2003, the Departments of Agriculture and Health worked together
to design a new national food control system to separate policy and
implementation issues. The departments established two entities: the
National Food Control Authority and the Food Inspection Agency. The
National Food Control Authority will be a multisectoral governmental
authority with the main component located in the Department of
Agriculture handling policy issues. The Food Inspection Agency will be a
parastatal that will incorporate law enforcement activities currently
exercised by various government departments and their assignees.

**Foodstuffs, Cosmetics and Disinfectants Act:** In 1973 Act 54 was
created in order to ensure the safety and purity of foods, cosmetics and
disinfectants made available to the public. It also provides the
specifications and legal measures to ensure that products, whether
locally manufactured or imported into South Africa or exported from
South Africa meet the minimum requirements for health and safety as set
out in the relevant South African National Standards.

NDA's Directorate Veterinary Services administers the **Animal Diseases
Act**, 1984 (Act No 35 of 1984) and the **Meat Safety Act**, 2000 (Act
No 40 of 2000), two of the statutory instruments created by the South
African parliament to protect and regulate the production chain.
Applications to import animals and animal products (including casings)
from individual countries are evaluated in accordance with these Acts,
international standards and other requirements. Copies of these Acts and
their regulations can be obtained by contacting Mrs. Viviers at tel: 012
319 7700 (International tel. +27 12 319 7700) or fax no 012 329 6892.

**Regulatory Agencies**

The Department of Food and Associated Industries (FAI) within the South
African Bureau of Standards (SABS) has food inspectors working with
other governmental departments to ensure food safety issues for both
locally manufactured and imported seafood and canned fish products. The
body issues quality and compliance health certificates for seafood
products in terms of the Foodstuff Cosmetic and Disinfectants Act.

**Import Regulations**

All imported food and agricultural products are required to comply with
South Africa's food health and phytosanitary laws. In general, none of
these products are allowed to enter South Africa if they are deemed to
be a danger to human life or well-being, either directly or indirectly.
South African food regulations are patterned after CODEX Alimentarius
Commission guidelines.

All food and agricultural products, including plant products that enter
South Africa, are required to pass through procedures designed to ensure
that they are not contaminated with any pest and that they are fit for
their intended use.

The health and phytosanitary regulations and procedures applied on
imported agriculture and food products are broadly similar for all types
of products. Under South African import laws, it is the responsibility
of the importer to ensure that any product entering the South Africa
customs territory is in full compliance with South African health and
phytosanitary regulations. The enforcing authorities will check for
compliance by inspecting the goods and relevant import/export
documentation and decide whether or not the goods may enter South
Africa.

In cases where non-compliance is found, the goods may require treatment
prior to entering South Africa or they may be rejected and ordered
destroyed or disposed of outside South Africa. It is therefore very
important that importers and exporters ensure that compliance is
achieved before the goods are shipped to South Africa.

# FOOD LABELING

The regulations relating to the grading, packaging, and markings of dry
beans and Maize products intended for sale in South Africa, under the
Agricultural Product Standard Act of 1990, was amended in government
gazette no. 28924 dated June 15,2006.

The new rules can be accessed at:
[http://www.nda.gov.za](http://www.nda.gov.za/)

To see a pamphlet on labeling published by the Directorate of Food and
Cosmetics of the Department of Health please go to:
<http://www.allergysa.org/labels.htm#information>

**General**

The information required to appear on any label shall be:

-   In at least one official language (English) of the Republic of South
    Africa

-   Clearly visible, easily legible and indelible, and the legibility
    shall not be affected by pictorial or any other matter, printed or
    otherwise

-   In a color that is in distinct contrast to the background color of
    the label

**Name and address**

The name and full physical address of the manufacturer, producer,
proprietor or controlling company, or, in the case of containers packed
on behalf of any other person or organization, the name and full
physical address of that person or organization. The size of the
lettering shall not be less than 1mm in height.

**Product name**

The name of the product shall be a true description, including its
method of preparation, presentation and packing medium and shall not be
misleading. The name must appear on the main panel(s) in bold print in
letters not less than 4mm in height.

**Qualifying words**

Words that qualify the foodstuffs or are an essential part of the
description, shall be in the immediate proximity to the name and in
prominent letters at least one third the size of the name of the
product.

**List of ingredients**

Where applicable a statement of ingredients in descending order of
content must be given. The presence of any preservative shall be
indicated in the list of ingredients by its common chemical name, either
followed or preceded by the word "preservative". Preservatives which are
used as anti-oxidants shall be indicated by the common chemical name in
the list of ingredients, either followed or preceded by the words
"anti-oxidant". Where the colorant tartrazine is used it must be
specifically listed as "tartrazine" in the ingredients listing. The use
of monosodium glutamate (MSG) shall be indicated by name in the
ingredients listing.

Foodstuffs which need not bear a list of ingredients include water,
which is added with carbon dioxide and having a name indicating it has
been carbonated, vinegars fermented exclusively from a single basic
product, dairy products containing only milk, or added with only starter
culture or rennet, any drink according to the Sorghum Beer Act, 1962, or
beer as described in the Liquor Act of 1989.

**Pictorial representations**

No pictorial representation, which reflects any foodstuff not contained
in the container and which might lead the consumer to believe that such
foodstuff in contained in the container, shall appear on the label
unless the words "serving suggestion", or words indicating the
justification for the use of such a pictorial representation are printed
on the label.

**The net mass declaration**

The net mass of the contents shall be expressed in the relevant units of
the metric system such as kilogram (kg) or gram (g). The lettering must
be uniform and of a size such that the head of the "g" is equal to at
least one quarter the size of the product name, brand or trade name, or
1.5mm, whichever is the greater. The net mass declaration shall be in a
color in distinct contrast with the background, and where it does not
appear on the man panel(s) it must be framed in a bold continuous line.
The words "net mass" or "net" may be used with the net mass statement.

**Storage instructions**

A statement that the product is cooked or uncooked as applicable,
together with the relevant storage instructions shall appear on the main
panel in letters not less than 3mm in height.

Uncooked/raw -- Keep Frozen

Partly cooked -- Keep Frozen

Cooked -- Keep Frozen

**Grading of the product**

The grading category of the product and the count must be declared on
the label.

**Date of manufacture and factory code**

The date of manufacture and the identity of the factory in which the
product was packed must be indelibly marked or stamped on each immediate
container or, in the case of glass jars, on the cap or label. The use of
a code is permissible provided that the key is disclosed to the SABS.

**Country of origin**

Words indicating the country of origin must be stated on the label.

**Substandard**

When required, the word "Substandard" shall be printed prominently and
indelibly on all main panels in a print size at least half the size of
the product or trade name, whichever is greater.

**Directions for use**

Where relevant

**Labels**

The information stated previously shall be printed on the package or on
the overwrap covering the package, or on a label of acceptable material
attached to the package. Labels on packages shall be clean, neat and
securely attached. They shall not be superimposed on other labels or on
matter printed directly on the packages. Labels or sealing adhesives
that are liable to deteriorate under the conditions of storage of the
packaged products shall not be used.

**Marking of master cartons**

Containers shall be clean, neat and unbroken. On every container shall
be printed or stenciled the quantity and net mass of the packages it
contains and the information as required in the previously mentioned
requirements, except that the street address of the manufacturer need
not be the full address, but must be sufficient for identification
purposes. The method of preparation need not be given on the container.
The date of packing and batch number (if applicable) shall be stamped or
otherwise marked on the container or on a label securely attached to the
container.

**Nutritional and Health Claims**

Nutrition labeling must appear on food labels or in accompanying
labeling. The label must have the heading 'Nutrition Information', and
should specify serving size, the nearest kilojoule of energy content of
a serving per 100g or per 100 ml, total amount of proteins,
carbohydrates, fats and dietary fiber in grams(weight), sodium in
milligrams and RDA proteins per serving.

Labeling of foods for special medical purposes must indicate nutritional
information, osmolarity on acid-base balance, number of servings
contained in the package, nature of animal/plant protein hydrolysates,
the description of modification and information on the amino acid, fatty
acid/carbohydrate profile, a bold capital lettered statement not less
than 3mm reading "USE UNDER MEDICAL SUPERVISION".

**GMO labeling regulations**

South Africa's health regulations mandate labeling of genetically
modified (GM) foods only in certain cases, including when allergens or
human/animal proteins are present, and when a GM food product differs
significantly from a non-GM equivalent. The rules also require
validation of enhanced-characteristic (e.g., "more nutritious") claims
for GM food products. The regulations do not address claims that
products are GM-free.

# III. PACKAGING AND CONTAINER REGULATIONS

For all goods, temperature in transit and at the destination point must
be taken into consideration when using gels and dry ice. Chilled goods
should be packed either in insulated containers with gel-packs/blue ice
or in heavy cardboard boxes with gel-packs. Goods should never be packed
with wet ice. Frozen goods, as with chilled, should be tightly packed
with gel-packs and/or dry ice. Dry goods should be packed tightly to
avoid internal damage.

Carton labels should be marked to indicate either dry/chilled/frozen
contents. The shipments should be marked with colored labels, and all
boxes should contain the following: Supplier name, address, destination,
total number of cartons shipped, and a copy of pro-forma / commercial
invoices.

# IV. FOOD ADDITIVE REGULATIONS

In April 28,2006, a government gazette no. 28759 published a draft of
the regulation of preservations anti-oxidants under the FCD Act of 1972
for public comments. The new rule puts the maximum level of the
antioxidant, Dimethyldicarbamate, at 250mg/litre for black currant
juice, soft drinks, pineapple juice, and sacramental wine from
unfermented grape juice. [http://www.doh.gov.za](http://www.doh.gov.za/)

Food additives used as oxidants, sweeteners, colorants, curing agents,
flavor enhancers, flavorants or preservatives, in a given foodstuff must
appear on the label. The label on any pre-packed food additive or blend
of food additives must comply with all labeling requirements and bear
the words "for use in foodstuffs", or "for use in food" or "blend of
food additives". The common chemical name of the product should be used
on the labels. The names 'food colorant' or 'food coloring' or 'food
color' and common chemical name and color index number should appear in
the label. If an additive is sulfur dioxide, the maximum and minimum
percentages should be specified. The date of maximum durability for food
additives with the shelf-life not exceeding 18 months should have words
as 'use before X', where X represents the latest recommended date of
use.

Regulations governing the labeling and advertising of foodstuffs are
contained in: Foodstuffs, Cosmetics and Disinfectant Act, 1972 (Act no.
54 of 1972).

The DOH does not maintain a list of permitted additives. South African
Food Additive regulations are categorized according to type. Please look
up your product at the following internet address and then see which
additives are permitted with that particular foodstuff:

http://www.doh.gov.za/department/dir_foodcontr.html

Click on "legislation" at the top, then scroll at the bottom to see all
the final regulations pertaining to additives.

# V. PESTICIDE AND OTHER CONTAMINANTS

The South African Department of Health (DOH) is the main food control
regulatory body. DOH approves the Maximum Residue Limits (MRLs) for
pesticides and for other chemicals and metals that may be present in
foodstuffs for both exports and imports. The National Department of
Agriculture (NDA) gives guidance for usage of pesticides. Analysis for
pesticide MRL is the responsibility of the DOH inspection services from
the port to the laboratories. For exports, the Maximum Residue Limits in
foodstuffs regulations are established by the Department of Agriculture,
the South African Bureau of Standards (SABS), the Perishable Products
Exports Control Board (PPECB), industry working groups, agricultural
chemical companies and technical experts, all operating under about 14
acts. The PPECB handles MRL analysis for exports. Another government
agency advising about MRLs is the Agricultural Research Council (ARC) --
for technical expertise.

Regulations of maximum residue limits for pesticides on imported
foodstuffs are governed under the FCD Act,1972 (Act No.54 of 1972). Food
import control is conducted by the Port health services and the
Provincial Health Department according to the act. For specific MRLs,
please see <http://www.doh.gov.za/department/dir_foodcontr.html>.

Fresh production imports use the local codex. Ports authorities report
that it has been five years since the last MRL testing was done because
it is an expensive procedure. (There are about 100,000 chemicals used in
registered pesticides on the market, it is not easy to prioritize).
However, samples are continuously taken from the consignments to test
for food colorants, aflotoxin, preservatives, sweetness and labeling.
The port health authorities also rely on reports from organizations like
the U.S. Food and Drug Administration, U.K. Food Authority and
Australian Food Authority and are reactive to any threatening health
alerts imposed by any of the groups. When there is a threatening health
alert, South African ports will organize contamination analysis and
detain the products from import until further analysis can be conducted.

At the port, samples are randomly extracted from different crates within
the consignments at specified rates. The port health inspector extracts
a sample size of about one carton, or 2 --5 kg of fruit. Tests are done
as once-off procedures immediately when the consignments arrive at the
port. Sample size is specified by the standard procedure guidelines per
commodity. Samples are then drawn and sent for analyses at the
laboratories. The Government has comprehensive information and detailed
methods of chemical detection in foodstuffs. Guidelines are set
according to Codex. Results are made known to the importer and agent as
soon as they are available, and normally take about two days for
perishables, and at least 2-5 days for grains.

The Port Health services are provided by the national government at no
charge to the importer. But in case of a regulation default, the
importer bears the costs.

The local laboratories (Cape Town, East London, Pretoria, Durban) do not
test for pesticide MRL on wheat and maize because they have not yet
agreed on a suitable method. However, quite often MRLs are checked for
fresh products.

Codex Alimentarius values are the principal default levels but are only
applicable when no South African MRLs have been established. If there is
no Codex value for a particular chemical/commodity, the second default
choice is the lowest Limit of Detection (LoD) level, usually at
0.01mg/kg of commodity, established in South Africa for a crop in the
same food category. These defaults are automatic and are required by the
South African Food Code. Finally, if none of these defaults are
applicable, then the MRL set by other countries are considered.

South Africa is a signatory to the WTO and recognizes Codex guidelines
and standards as the international norm for the application of SPS and
TBT Agreements. Codex Alimentarius serves as a guideline for
establishing the South African health guidelines and standards but is
seldom used, unless in a situation like as mentioned above. The South
African Food Control Division of the Department of Health and the
National Department of Agriculture are responsible for the drafting and
setting of regulatory MRL standards.

In case of a product default, the shipment may be detained for further
analysis, destroyed, or returned to its place of origin. The
laboratories inform the port health authority, who informs the Minister
of Health. The information is held confidential between the importer,
exporter and the government. The importer bears the final costs for any
infractions. The port health inspector keeps a database that may act as
the foundation for further testing.

Consignments for both perishables and non-perishable food products are
either held at the port or sent to the destinations, at stores of
retailers and wholesalers, as requested by the importer, though kept for
inspections before they can be released.

Food monitoring at wholesalers or retailers of both imports and local
products is the responsibility of the local health authority inspectors
and is a continuous process. Tests are made for labeling, country of
origin, and aflatoxins, but seldom for MRLs, because of the complexity
of the analysis. Import tests for MRLs are conducted only when the
international alerts were made for specific consignments. For
Legislation, access:
<http://www.doh.gov.za/department/dir_foodcontr.html>

# VI. OTHER REGULATIONS AND REQUIREMENTS

In June 23, 2006, a draft for the Plant Health Policy document was
released, under the government gazette no.28466, for public comments.
The Policy aims to protect against imports of plants and related
materials that harbor pests that may endanger the South African
agricultural, horticultural or forestry sector. This new policy was
written to be in line with the World Trade Organization Agreement on the
Application of Sanitary and Phytosanitary Measures, and the
International Plant Protection Convention (IPPC).

This regulation will be the umbrella Act for plant health. Imports and
exports are conducted under the Agricultural Pest Act of 1983 (Act no.36
of 1983).

South Africa plans to promote common an effective measure on national,
regional and international levels to prevent distribution of pests. The
Government of South Africa plans to share responsibility with
stakeholder industries, IPPC, IPPC'S regional Plant Protection
Organisation for Africa, the Inter-African Phytosanitary Council
(IAPSC), and the Southern African Development Community (SADC). The
Department of Agriculture's Directorate Plant Health (DPH) and the
Agricultural Products Inspection Services (APIS) will corordinate.

Previously, imports had been controlled using PRA methods as according
to the Agricultural Pests Act of 1983. The Department of Agriculture,
the Agricultural Research Council and other research institutions, and
the Department of Environmental Affairs and Tourism, control the import
of bio-control agents. The National Plant Protection Organization
(NPPO), with quarantine facilities and diagnostic laboratories and
inspection services, is also established according to IPPC.

[http://www.nda.gov.za](http://www.nda.gov.za/)

# Testing

The Port Health Authority may detain goods at customs or issue an
extended health detention to assist the food industry and other
associated industries to take samples and conduct one or more of the
following tests: sensory, microbiological and chemical.

The sample is divided and packed separately into three sealed and
labeled containers to indicate its nature and to identify it as from the
original sample. One of the packages is given to the person responsible
for the commodity, and the other package is sent for testing, while the
third package remains with the inspector. For further analysis, the
sample is derived from the remaining two packages. The same procedure
also applies to perishables.

# Certification

All canned seafood products are tested under the compulsory
specifications. The products are detained when tests are conducted and
are only released for sale after a compliance certificate is issued.
Frozen products are monitored on a regular basis at the processors.

All imported goods are sampled and tested before distribution and sale.

# Special Documentation/Conformity Assessment Requirements

Seafood shipments should be accompanied by bills of entry documentation
that provide the following information, correct physical addresses,
storage facilities, and correct quantities of commodities.

A list of codes should indicate various codes and different grades and
quantities of each in the consignment. These regulations are regulated
under the SABS.

# VII. OTHER SPECIFIC STANDARDS

# 

# Vitamin-Enrichment Requirements

Fortification of foodstuffs is regulated under South Africa's Department
of Health, Food Act of 1972. Importers and manufacturers of food
vehicles should use only micronutrient mix from companies that have
registered with the Department of health. The importer should record
certificates of micronutrient mix used in the production of every batch
of the food vehicles. It is illegal to import micro nutrient mix without
registering it with the DOH. Importers of micronutrient mix should apply
to the Director General for registration of their nutrient mix
specifications. Specifications must include recommended addition rates.

Specifications for labeling, fortified food standards, micronutirent
mix, etc, the Regulations Relating to the Fortification of Foodstuffs
(October 18,2002) can be accessed by visiting
[www.doh.gov.za](http://www.doh.gov.za/) under documents --
legislations - regulations.

## Meat

South Africa's meat import procedure and requirements are regulated
mainly through the Animal Diseases Act, 1984 (Act no. 35 of 1984), and
the Meat safety Act, 2000 (Act no. 40 of 2000).

Frozen and chilled meat may only be imported from established abbatoirs
and cutting plants approved by the Director of Veterinary Services of
South Africa. The directorate keeps a list of approved facilities which
is available on request at Tel: +27-12-319-7700, Fax: +27-12-329-6892,
or e-mail: <ElmarieV@nda.agric.za>

To receive a copy, a new importer may submit the company name to be
added to the mailing list, which is updated bi-annually. However,
listing of a facility does not necessary mean the directorate will allow
entry for any product from that plant. Veterinary inspectors of
exporting countries conduct routine facilities inspections for
compliance, and then notify the South African authority.

An abattoir or cutting plant in need of South African approval should
contact the local veterinary authority where the business is situated.
The inspectors are expected to analyze the facility and provide
confirmation in writing to the South African authorities.

An importer should have a South African veterinary import permit before
the consignment departs from the country of origin. Import permits for
animal products imported for commercial purposes are only issued to
companies residing in South Africa or an agent in South Africa appointed
by an international company. South Africa does not accept imports via
third countries.

An application fee of R60 should be paid when submitting the veterinary
import forms. The import permit can either be mailed to the importer or
can be collected at the permit office, as desired by the importer.
Application forms and more information concerning payments may be
obtained from the permit office at Tel: +27-12-319-7514/7414.

Meat must be inspected at one of the following port of entry inspection
sites as stipulated on the permit: Durban, Cape Town, City Deep Abattoir
(only from neighboring countries), and Port Elizabeth (on special
permission).

# Genetically Modified Organisms (GMOs)

DoA released a guideline document for working with Genetically Modified
Organisms in May 2004. GMO products intended sale as food/feed are
analyzed for food safety on a case-by-case basis. The prospective
importer must submit a comprehensive summary of all results, preferably
in a table format, with a complete package of the data for food safety
assessment.

For further information on GMOs and legislation, visit the following
websites:

Regulatory authorities:

Department of Health:
[www.doh.gov.za/depart/dir_foodcontrl-f.html](http://www.doh.gov.za/depart/dir_foodcontrl-f.html)

Department of Agriculture: [www.agric.gov.za](http://www.agric.gov.za/)

The South African Agency for Science and Technology Advancement:
[www.pub.ac.za](http://www.pub.ac.za/)

# VIII. Copyright and/or Trademark Laws

Property rights, including intellectual property, are protected under a
variety of laws and regulations. South Africa has an independent
judiciary under which any threat to property rights may be enforced
without political interference.

Patents may be registered under the Patents Act of 1978 and are granted
for 20 years. Trademarks can be registered under the Trademarks Act of
1993, are granted for ten years and may be renewed for an additional ten
years. New designs may be registered under the Designs Act of 1967,
which grants copyrights for five years. Literary, musical and artistic
works, cinematographic films and sound recordings are eligible for
copyrights under the Copyright Act of 1978. This act is based on the
provisions of the Berne Convention as modified in Paris in 1971 and was
amended in 1992 to include computer software. The Patents, Trademarks,
Designs, and Copyrights Registrar of the Department of Trade and
Industry administer these acts.

South Africa is a member of the Paris Union and acceded to the Stockholm
text of the Paris Convention for the protection of industrial property.
South Africa is also a member of the World Intellectual Property
Organization (WIPO). The Government passed two IPR-related bills in
parliament at the end of 1997: the Counterfeit Goods Bill and the
Intellectual Property Laws Amendment Bills, thereby enhancing its IPR
protections.

While South African IPR laws and regulations are largely in keeping with
TRIPS (Trade Related Aspects of Intellectual Property), there are still
concerns about increasing copyright piracy and trademark counterfeiting.
The U.S. is working with the South African Government on ways to further
enforce existing IPR legislation.

Additional information on South African rules and registration
procedures for patents, trademarks, and copyrights can be obtained from:

Department of Trade and Industry

Trademarks, Patents, Design and Copyright

Private Bag X84, Pretoria, 0001

Tel: (27 12) 310-8700/8707; Fax: (27 12) 323-4257/321-5025

[www.cipro.gov.za](http://www.cipro.gov.za/)

ceciliap@cipro.gov.za

# IX. IMPORT PROCEDURES

A new rule in the Agricultural Pest Act of 1983 (Act no. 36 of 1983),
implemented in April 20, 2006, requires an import tariff permit of
R50-00 for controlled goods (any live or dead part of a plant, pathogen,
insect, exotic animal, growth medium, infectious materials, honey,
beeswax, or used apiary equipment).

One import permit, valued for one year, is issued for the following:
Seeds (maximum 10 genera, or 2 species of 5 genera); rooted plants
(maximum 10 genera); various other planting materials (max. 8 Genera);
fruits and vegetables (10 Genera/types); Cut flowers (10 types); 10
types/Genera of timber (only those not published in R1013); Bio-control
agents/research organisms (10 species/host species) and growing media.

For further information, the permit offices can be reached at: Tel:
+27-12-319-6102; +27-12-6531; +27-12-6396 or 021-809-1617.

The basic procedures, which apply to the import of food and agricultural
products are as follows:

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

# APPENDIX I 

**Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972):
List of Regulations Applicable to Foodstuffs Imported into South
Africa**

-   Regulations: Jams, conserve, marmalade and Jelly (R.2627/12 December
    1986)

-   Regulations: Governing tolerances for fungus-produced toxins in
    foodstuffs (R.313/16 February 1990)

-   Regulations: Relating to perishable foodstuffs (R.952/6 August 1999)

-   Regulations: Governing radio activity in foodstuffs (R.1931/17
    August 1990)

-   Regulations: Relating to baking powder and chemical leavening
    substances (R.2486/26 October 1990)

-   Regulations: Governing the composition and labeling of raw
    boerewors, raw spices sausage and raw mixed species sausage
    (R.2718/23 November 1990).

-   Regulations: Governing emulsifiers, stabilizers and thickeners and
    the amounts thereof that foodstuffs may contain (R.2527/13 November
    1987)

-   Regulations: Prohibiting guargum as a foodstuff (R.2554-25 October
    1991)

-   Regulations: Relating to the use of sweeteners in foodstuffs
    (R.3128/ 20 December 1991).

-   Regulations: Governing the maximum limits for veterinary medicine
    and stock remedy residues that may be present in foodstuffs (R.1809/
    3 July 1992)

-   Regulations: Relating to herbs and spices (R.1468/ 13 August 1993).

-   Regulations: Governing the labeling and advertising of foodstuffs
    (R.2034/ 29 October 1993)

-   Regulations: Governing the maximum limits for pesticide residues
    that may be present in foodstuffs (R.246/ 11 February 1994).

-   Regulations: Relating to metals in foodstuffs (R.1518/9 September
    1994).

-   Regulations: Relating to salt (R.996/7 July 1995).

-   Regulations: Enforcement by local authorities (R.382/8 March 1996).

-   Regulations: Relating to food colorants (R.1008/21 June 1996).

-   Regulations: Governing microbial standards for foodstuffs and
    related matters (R.692/16 May 1997).

-   Regulations: Relating to edible fats and oils (R.1316/16 August
    1996).

-   Regulations: Anti-caking agents -- amounts that may be used in
    foodstuffs (R.2507/1982).

-   Regulations: Preservatives and antioxidants (R.956/1977).

-   Regulations: Irradiated foodstuffs (R.1600/1983).

-   Regulations: Duties of inspectors and analysts (R.2162/1973).

-   Regulations: soft drinks (R.1769/1985).

-   Regulations: mayonnaise and other salad dressings (R.92/1986).

-   Regulations: milk and dairy products (R.1555/1997).

-   Regulations: enrichment of maize meal (R.2839/1979).

-   Regulations: mineral hydrocarbons in foodstuffs (R.230/1977).

-   Regulations: Seafood (R.2064/1973).

-   Regulations: tolerances for certain seeds in certain agricultural
    products (R.1466/1987).

-   Regulations: use of certain food additives in certain wheaten and
    rye products (R.2417/1987).

-   Regulations: Substances in wine, other fermented beverages and
    spirits -- additives, amounts and tolerances (R.2870/1981).

-   Regulations: Acids, bases and salts -- the amounts thereof that
    foodstuffs may contain (R.115/1986).

-   Regulations: Restrictions on the sale of food additives containing
    nitrite and/or nitrate and other substances (R.219/1975).

-   Regulations: Manufactured or processed meat products (R.2037/1975).

-   Regulations: Foodstuffs for infants, young children and children
    (R.1130/1984).

-   Regulations: Regulations under the Food, Drugs and Disinfectants Act
    No. 13 of 1929 (No. 575 -- 28 March 1930).

######## APPENDIX II

+-----------+-----------+----------+--------------+---------+--------+
| **SOUTH   |           |          |              |         |        |
| AFRICA'S  |           |          |              |         |        |
| LIST OF   |           |          |              |         |        |
| R         |           |          |              |         |        |
| EGISTERED |           |          |              |         |        |
| PES       |           |          |              |         |        |
| TICIDES** |           |          |              |         |        |
+-----------+-----------+----------+--------------+---------+--------+
| 4,4\'-DDD | Captan    | Dic      | Fipronil     | Nitro   | Pr     |
|           |           | hlorphos |              | thal-is | opoxur |
|           |           |          |              | opropyl |        |
+-----------+-----------+----------+--------------+---------+--------+
| 4,4\'-DDE | Carbaryl  | Dic      | Folpet       | N       | Proth  |
|           |           | rotophos |              | uarimol | iophos |
+-----------+-----------+----------+--------------+---------+--------+
| 4,4\'-DDT | Ca        | Dieldrin | Formetanate  | Om      | Pyra   |
|           | rbendazim |          |              | ethoate | zophos |
+-----------+-----------+----------+--------------+---------+--------+
| Acephate  | C         | Di       | Formothion   | Oxamyl  | Pyre   |
|           | arbofuran | methoate |              |         | thrins |
+-----------+-----------+----------+--------------+---------+--------+
| Aldicarb  | Chlordane | Diphe    | Furathiocarb | Oxy     | Pyr    |
|           |           | nylamine |              | demeton | ifenox |
|           |           |          |              | -methyl |        |
+-----------+-----------+----------+--------------+---------+--------+
| Aldicarb  | Chlorf    | Di       | Heptachlor   | P       | Quin   |
| sulfone   | envinphos | sulfoton |              | arathio | tozene |
|           |           |          |              | n-ethyl |        |
+-----------+-----------+----------+--------------+---------+--------+
| Aldrin    | Chlor     | En       | Heptachlor   | Pa      | Ter    |
|           | othalonil | dosulfan | epoxide      | rathion | buphos |
|           |           | sulfate  |              | -methyl |        |
+-----------+-----------+----------+--------------+---------+--------+
| Azinp     | Chlorpyri | Endosulf | Heptenophos  | Penc    | Tetr   |
| hos-ethyl | fos-ethyl | an-alpha |              | onazole | adifon |
+-----------+-----------+----------+--------------+---------+--------+
| Azinph    | Ch        | Endosul  | Hexaconazole | Per     | Tetram |
| os-methyl | lorpyriph | fan-beta |              | methrin | ethrin |
|           | os-methyl |          |              |         |        |
+-----------+-----------+----------+--------------+---------+--------+
| Be        | Coumaphos | Endrin   | Hydroxy      | Phe     | Thio   |
| nfuracarb |           |          | carbofuran-3 | nothrin | dicarb |
|           |           |          |              | -D      |        |
+-----------+-----------+----------+--------------+---------+--------+
| Benomyl   | C         | Endrin   | Imazalil     | Phe     | Triad  |
| (as       | yfluthrin | aldehyde |              | nthoate | imefon |
| Car       |           |          |              |         |        |
| bendazim) |           |          |              |         |        |
+-----------+-----------+----------+--------------+---------+--------+
| BHC-alpha | Cyflut    | Endrin   | Indoxacarb   | Phen    | Triad  |
|           | hrin-beta | ketone   |              | ylpheno | imenol |
|           |           |          |              | l-ortho |        |
+-----------+-----------+----------+--------------+---------+--------+
| BHC-beta  | Cy        | Esfen    | Iprodione    | Phorate | Tria   |
|           | halothrin | valerate |              |         | zophos |
+-----------+-----------+----------+--------------+---------+--------+
| BHC-delta | Cyhaloth  | Ethi     | Isazophos    | Ph      | Trich  |
|           | rin-lamda | ofencarb |              | osalone | lorfon |
+-----------+-----------+----------+--------------+---------+--------+
| BHC-gamma | Cyp       | Fe       | Isofenphos   | Phosmet | Vamid  |
|           | ermethrin | namiphos |              |         | othion |
| (Lindane) |           |          |              |         |        |
+-----------+-----------+----------+--------------+---------+--------+
| B         | Cypermeth | F        | Malathion    | Pir     | Vincl  |
| ifenthrin | rin-alpha | enarimol |              | imicarb | ozolin |
+-----------+-----------+----------+--------------+---------+--------+
| Bio       | Cypermet  | Fen      | M            | Pir     |        |
| allethrin | hrin-zeta | chlorvos | ethamidophos | imiphos |        |
|           |           |          |              | -methyl |        |
+-----------+-----------+----------+--------------+---------+--------+
| Br        | DDT       | Fe       | Methidathion | Pro     |        |
| odifacoum |           | nhexamid |              | chloraz |        |
+-----------+-----------+----------+--------------+---------+--------+
| Bromop    | Del       | Feni     | Methiocarb   | Proc    |        |
| hos-ethyl | tametrhin | trothion |              | ymidone |        |
+-----------+-----------+----------+--------------+---------+--------+
| Bromoph   | Demeton   | Fe       | Methomyl     | Prof    |        |
| os-methyl | -S-Methyl | noxycarb |              | enophos |        |
+-----------+-----------+----------+--------------+---------+--------+
| Bromo     | Diazinon  | Fenpr    | Methoxychlor | Pro     |        |
| propylate |           | opathrin |              | pachlor |        |
+-----------+-----------+----------+--------------+---------+--------+
| B         | Dich      | Fenthion | Mevinphos    | Prop    |        |
| upirimate | lofluanid |          |              | amocarb |        |
+-----------+-----------+----------+--------------+---------+--------+
| Captafol  | Dichloran | Fen      | Naphthol-1   | Propic  |        |
|           |           | valerate |              | onazole |        |
+-----------+-----------+----------+--------------+---------+--------+

# Appendix III

Office of Agricultural Affairs FAS/USDA

U.S. Embassy Pretoria

877 Pretorius Street

P.O. Box 9536

Pretoria, South Africa 0001

Tel: (+27) 12-431-4711

Fax: (+27) 12-342-2264

E-mail: agPretoria@usda.gov

Animal and Plant Health Inspection Service (APHIS)

U.S. Embassy Pretoria

877 Pretorius Street

P.O. Box 9536

Pretoria, South Africa 0001

Tel: (+27) 12-431-4057

Fax: (+27) 12-342-2264

IMPORT PROCEDURE OF NON-PERISHABLE CONSIGNMENTS

Department of Health

Tel: (+27) 12-421-1124

FOOD CONTROL HEAD INSPECTOR

Tel: (+27) 12-312-0159

MAXIMUM RESIDUE LIMITS

Department of Health-Food Control

Tel: (+27) 12-312-0154

PORTS

Port Elizabeth

Tel: (+27) 41-374-4100

E-mail: <importpe@exsinet.co.za>

Cape Town

Tel: (+27) 21-442-8940

E-mail: <food@sclcape.com>