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 Regulations relating to the exportation of controlled products: Agronomic Industry, Act, 1992  GOVERNMENT NOTICE  
 
MINISTRY OF AGRICULTURE, WATER AND LAND REFORM  
 
No.           2022 
 
REGULATIONS RELATING TO THE EXPORTATION OF CONTROLLED PRODUCTS: 
AGRONOMIC INDUSTRY ACT, 1992  
 
Under section 24(1) of the Agronomic Industry Act, 1992 (Act No. 20 of 1992), after 
consultation with the Namibian Agronomic Board, I – 
 
a) have made the regulations, compliance with which has been made compulsory in terms of 
section 24 of that Act, as set out in the Schedule; and  
 
b) determine that the regulations come into effect on xxx date.  
 
CARL-HERMANN G. SCHLE TTWEIN , MP  
MINISTER FOR AGRICULTURE, WATER AND LAND REFORM  
 
         Windhoek,  2022 
     
 
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 Regulations relating to the exportation of controlled products: Agronomic Industry, Act, 1992   
SCHEDULE  
 
ARRANGEMENT OF REGULATIONS  
 
1. Definitions  
2. Purpose  
3. Scope  
4. Requirements under t his regulation  
5. Withdrawal of registration  
6. Surveillance  
7. Levies & Fees  
8. Confidentiality  
9. Prohibitions  
10. Restrictions  
11. Offences and penalties  
12. Appeals  
13. Annexures  
 
 
1. DEFINITIONS  
In these regulations, a word or an expression to which a meaning has been given in the Act has 
that meaning, and unless context otherwise indicates - 
 
Note: This section could include explanations for:  
a. Definitions,  
b. Acronyms,  
c. Abbreviations, and  
d. Interpretations  
 
“agent” means a person who has been appointed with authority to act on behalf of a n entity.  
“AMID” means the computer system of the Board , named Agricultural Marketing Information 
Management.  
“Board” means the Namibian Agronomic Board established by section 3(1) of the Agronomic 
Industry Act, Act 20 of 1992  
“border control inspector” means an employee of the Board  with responsibility to verify 
whether all the requirements of an export permit have bee n met, prior to clearing controlled 
products for exit to export markets.  
“border receipt” means a document, issued at the port of exit by the border control inspector, 
to confirm that the consignment was cleared for exit out of Namibia.  
“carrier” means the  person or company who will transport the carrying unit to its destination.  
“carrying unit” means a ship, shipping container, truck, trailer or any other item, or equipment, 
used in the conveyance of a controlled product.  
“compliance inspector” means an em ployee of the Board , with responsibility to inspect – and 
make decisions or recommendations on – controlled products.  
“consignee” means the person to whom the consignment is being sent.     
 
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 Regulations relating to the exportation of controlled products: Agronomic Industry, Act, 1992  “consignment” means a quantity of controlled product, grouped together  by similarity and 
documented in a single document, showing unambiguous detail contained therein and destined 
for delivery to a permit holder  
“consignment note” means a document which clearly shows the contents of a consignment and 
the address of the inte nded consignee.  
“controlled product” means an agronomic crop or agronomic product to which the provisions 
of the Act apply.  
“entity” means any natural person, company, group or association.  
“export” means the process of sending controlled products, from Namibia, to another country.  
“exported” means the completion of the export process.  
“exporter” means a person, company or entity, who is registered as an exporter with the Board 
and has the intention of exporting controlled agronomic and/or horticultural products to another 
country for sale.  
"food safety" means assurance that a food product is acceptable for human con sumption 
according to its intended use.  
“FSMS” means  a Food Safety Management System, which i s a sys tem based on the principle s 
of HACCP.  
“G.A.P.” means Good Agricultural Practices, which is a collection of principles applied to on -
farm production and post -production processes, resulting in safe and healthy food and non -
food agricultural products.  
“G.M.P.” means Good Manufacturin g Practices, which is the practices required in order to 
conform to the guidelines recommended by agencies that control the authorization and 
licensing of the manufacture and sale of food and beverages, cosmetics, pharmaceutical 
products, dietary supplemen ts, and medical devices.  
“HACCP” means Hazard Analysis Critical Control Points, which is a system that identifies, 
evaluates, and controls hazards, which are significant for food safety.  
“hazard” means a biological, chemical or physical agent in, or condit ion of, food with the 
potential to cause an adverse health effect . 
“inspection” means the determination of conformity to specified requirements.  
“inspector” means a person appointed as an Inspector of controlled products by the Board under 
section 13(1) of the Agronomic Industry Act, 1992 (Act 20 of 1992).  
“M.I.S” means a Management Information System, which combines data from various sources 
and produces information to assist the Board in decision -making and statistical reporting.  
“mode of transport” means the type of transport used for exporting the controlled products, and 
could either be a ship, sea container, rail truck, road trailer, or aircraft.  
 “NAB  website” means the website of the Namibian Agronomic Board, which is 
www.nab.com.na . 
“NamRA” means the Namibia Revenue Agency.  
“organic food” means products grown without the use of synthetic chemicals, such as human -
made pesticides and fertilizers, and do not contain genetically modified organisms.  
“non -compliance” means not meeting requirements.  
“regulator” means the Board, which is the institution that has the authority to monitor 
agronomic and horticultural products in Namibia for the purpose of ensuring compliance with  
these regulation s. 
“shipment” means the stuffing of a sea container or the loading of a ship, trailer, truck or aircraft 
with controlled products, destined for export.  
“surveillance” means a systematic iteration of conformity assessment activities as a basis for 
maintaini ng the validity of the statement of conformity.     
 
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 Regulations relating to the exportation of controlled products: Agronomic Industry, Act, 1992  “surveillance inspection” means the action of inspecting controlled products after initial 
approval and before being purchased by end consumers.  
“taint” means the contamination of a product by odours from che mical applications, or previous 
cargo, in a carrying unit.  
“the Act” means the Agronomic Industry Act, 1992 (Act 20 of 1992).  
"traceability" means the ability to trace and follow a food product or substance intended to be, 
or expected to be, incorporated i nto a food product through all stages of production, packing, 
processing, handling and distribution.  
 
 
2. PURPOSE (OBJECTIVE)  
The purpose of these regulations is to ensure that all controlled products, exported  from the 
Republic of Namibia, comply with the re quirements set out herein, with the objective of 
ensuring that exported Namibian products comply with applicable export market legislative 
requirements governing food safety and quality and therefore become products of choice in the 
markets of the world.  
 
 
3. SCOPE  
These regulations apply to all controlled products intended for export from the Republic of 
Namibia for commercial use and specifically for human consumption, whether by sea, air, rail 
or road.  
 
 
4. REQUIREMENTS UNDER THIS REGULATION  
 
4.1 Registration as an exporter of controlled products  
4.1.1 All exporters shall be required to register with the Board on application and in the 
prescribed form, as per section 10(1)(j) of the Agronomic Industry Act (Act 20 of 
1992).  
4.1.2 All exporters shall have met all requirements for local production.   
4.1.3 Upon registration, a licence, certificate, or card valid for a specific period shall be issued 
to confirm registration, and such entity may engage in the production, processi ng, 
storage, and marketing of controlled products  
 
4.2 Export Permits  
4.2.1  Registered exporters shall have a valid export permit, issued by the Board after the 
consignments has been approved for export by the Compliance Services sub -division 
and upon succ essful application, for all controlled products intended for export from 
the Republic of Namibia.  
 
4.3 Inspection  
4.3.1  The registered exporter shall inform the Compliance Services Sub -division of the 
export consignment, in writing, at least ten (10) work ing days prior to the shipment 
taking place , on application and in the prescribed form and includes i. e.: 
(a) Name of registered exporter  
(b) Mode of transport and identity thereof, where applicable  
(c) Date of intended shipment     
 
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 Regulations relating to the exportation of controlled products: Agronomic Industry, Act, 1992  (d) Place of intended shipment  
(e) Current location of product for inspection, if not same as (d)  
(f) Product(s) to be shipped  
(g) Quantities planned for shipment  
(h) Country of destination  
 
4.3.2 All controlled products, intended for export, shall be inspected by the Compl iance 
Inspector prior to shipment, in accordance with the “Risk Based Inspection Model for 
controlled products, intended for export”, which is available from the Board on request.  
4.3.3 Any product which is labelled with a claim that it has been produced under o rganic 
conditions shall provide proof of certification based on the Guidelines for the 
Production, Processing, Labelling and Marketing of Organically Produced Foods which 
were adopted by the Codex Alimentarius Commission, or equivalent certification in the  
country of final destination.  
4.3.4 Notwithstanding the requirements of the inspection model referred to in 4.3.2, the 
exporter shall present the following documents to the inspector at the time of inspection:  
(a) A consignment note, detailing the quantities, groups and or sizes of the 
controlled products within the consignment intended for export, including the 
address of the consignee  
(b) A certified copy of a valid GLOBALG.A.P . certificate for the production 
premises where the product(s) was prod uced.  
(c) A certified copy of a valid FSMS certificate for the premises where the 
product(s) was manufactured, or handled for reasons including packaging 
and/or storage.  
(d) A supplier invoice(s), containing the following information:  
(i) Name and address of supplier,  
(ii) Invoice date,  
(iii) Name(s) of each product,  
(iv) Quantity(ies) of each product,  
(v)  Mass – in kilogrammes – of the products, and  
(vi) Monetary value – in NAD - of the products  
 
4.3.4  Failure to provide the Compliance Inspector with the information required as in 4.3.1 
and 4.3.3 will result in refusal to provide inspection and the exporter shall have no claim 
against the Board resulting from any delays caused by their non -compliance.  
4.3.5 After inspection, the Compliance Inspector will determine whether the consignment 
meets all requirements for export and confirm in writing, which will authorise the 
approved products to be exported.  
4.3.6  If the consignment, or part of the consignment,  is rejected, the inspector will issue a 
rejection receipt, detailing the reasons for rejection. Rejected products will not be 
allowed to be exported.  
4.3.7  The carrying unit, whether a road trailer, rail truck or shipping container, shall be 
presented by the carrier, at the point of export, in a hygienically clean condition and 
free of taint.  
4.3.8  Where export products are exported on pallets, these pallets shall be free of any hazard, 
which could contaminate the product stacked thereon and wooden pallets  shall be free 
of bark.     
 
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 Regulations relating to the exportation of controlled products: Agronomic Industry, Act, 1992  4.3.9  If the export products are supported for transport, or protected from external 
contamination, these materials used shall not pose a hazard to the products being 
protected or supported.  
4.3.10  Producers, packhouses and exporter s of controlled products shall ensure that the 
products traceability at all stages of production, processing, handling and distribution 
and be able to withdraw controlled products where a risk to the health of consumers has 
been identified.  
4.3.11  Where a risk to consumer health has been identified, the exporter shall advise the 
General Manager: Regulations immediately after this risk has been identified on 
regulatory@ nab.com.na . 
4.3.12  At the port of exit the Border Control Inspector shall verify the docum entation of all 
consignments of controlled products to ensure that these regulations and other permit 
conditions are complied with.  
4.3.13  Border inspection results:  
(a) If the consignment is cleared, a border receipt shall be issued to the exporter by 
the Border Control Inspector as proof of compliance with the permit and these 
regulations. The consignment will then be authorised for export.  
(b) A copy of the border receipt will be provided to Nam RA at the port of exit to 
allow them to clear the consignmen t. 
4.3.14  The carrying unit of an approved consignment shall be sealed before departure, either 
at the entity’s premises or at the port of exit.  
4.3.15  Legible copies of all documentation used in  the inspection process and at the port of 
exit will be colla ted by the Compliance Inspector and Border Control Inspector and 
used for input into the AMID system and the M.I.S., where applicable and then filed 
appropriately for a period of three years.  
4.3.16  All documentation relevant to the exportation of a contro lled product shall be 
maintained by the exporter for three years and any information required by the Board 
shall be submitted without delay.  
 
 
5. WITHDRAWAL OF REGISTRATION  
 
5.1 Registration as an exporter will be withdrawn if:  
(a) The registered exporter is found guilty of an offence in accordance with clause 11 
of these regulations.  
(b) The registered exporter is declared insolvent in terms of the Insolvency Act (Act 24 
of 1936).  
(c) The registered entity ceases to exist, or the individual, who is registered, passes  
away.  
(d) If the exporter fails to pay outstanding debt to the Board.  
(e) Found to be exporting inferior quality products, or products which are proven to be 
unsafe for human or animal consumption.  
(f) Failure to comply and meet minimum requirements for local product ion. 
 
 
 
 
    
 
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 Regulations relating to the exportation of controlled products: Agronomic Industry, Act, 1992  6. SURVEILLANCE  
 
6.1 Where export products have been stored into containers and are awaiting shipment, 
surveillance inspection may be done to ensure that temperature and/or pre -carrying 
requirements are maintained prior to shipment.  
6.2 Road and/or rail trucks may be inspected after the product has been loaded to ensure 
that the product(s) are suitably covered, where applicable and not exposed to 
unnecessary risk of contamination.  
 
 
7. LEVIES & FEES  
Fees to be paid by the exporter of controlled products shall be as follows:   
 
7.1 Exporters of controlled products shall be required to pay fees for inspection as determined 
by the Board from time to time.  
  
7.2 Fees shall be charged for the application and issuance of export permit for con trolled 
products as determined by the Board from time to time.  
  
7.3 Additional fees for inspection, product sampling and testing analysis shall be charged, if 
and when the regulator has to conduct surveillance inspection for the purpose of confirming 
continuous compliance, as determined from time to time.   
 
 
8. CONFIDENTIALITY  
8.1 All employees of the Board are bound by confidentiality and will not disclose any detail 
of communication, transactions or decisions, taken to a third party, save with the 
approval of the party involved.  
8.2 Exporters shall respect the confidentiality requirements involved in expor t transactions 
and shall not disclose any part of the process, including transactions and decisions, to 
third parties, save with the written approval of the Board.  
 
 
9. PROHIBITIONS  
9.1 Should any prohibitions be placed on the export of controlled products, this will be 
published in the  Government Gazette and also on the NAB ’s website.  
 
 
10. RESTRICTIONS  
10.1 Should any restrictions be imposed on the export of controlled products, this will be 
published in the Government Gazette and also on the NAB ’s website.  
 
 
11. OFFENCES & PENALTIES  
11.1 If a person exports agronomic and/or horticultural product that do not comply with these 
regulations, the person commits an offence and on conviction is liable to a fine or 
imprisonment or to both such fine and such imprisonment.     
 
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 Regulations relating to the exportation of controlled products: Agronomic Industry, Act, 1992  11.2 Any violations of these regulations shall be dealt with in accordance with Section 22 of 
Agronomic Industry Act 20 of 1992 and any other applicable rules and procedures, 
issued in terms of the Act or Directives.  
11.3 The penalties applicable to offences are shown in the table in 13. 4 - Annexure D. 
 
 
12. APPEALS  
12.1 All appeals on the decision of the Board made in regard to these regulations, shall be 
made in accordance with Section 11 of the Agronomic Industry Act 20 of 1992 and 
the A ppeals Procedure.  
 
13. ANNEXURES  
13.1 Annexure A – Exporter registration – Application form  
13.2 Annexure B – Request for product inspection - Application form  
13.3 Annexure C – Appeals procedure  
13.4 Annexure D – Offences and penalties