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Regulations relating to the local production  and trading of controlled products: Agronomic Industry, Act, 1992  GOVERNMENT NOTICE  
 
MINISTRY OF AGRICULTURE, WATER AND LAND REFORM  
 
No.           2022 
 
REGULATIONS RELATING TO THE LOCAL PRODUCTION AND TRADING 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 local production  and trading of controlled products: Agronomic Industry, Act, 1992   
SCHEDULE  
 
ARRANGEMENT OF REGULATIONS  
 
 
1. Definitions  
2. Purpose  
3. Scope  
4. Requirements under this 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  
Note: This section could include explanations for:  
a. Definitions,  
b. Acronyms,  
c. Abbreviations, and  
d. Interpretations  
 
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 – 
“Board” means the Namibian Agronomic Board established by section 3(1)  of the Agronomic 
Industry Act, Act 20 of 1992 .  
“certification” means a document issued by the Board as third -party attestation related to an 
object of conformity assessment.  
“compliance inspector” means an employee of the Board , with responsibility to inspect – and 
make decisions or recommendations on - controlled products.  
“controlled product”  means an agronomic crop or agronomic product to which the provisions 
of the Act app ly. 
“destructive inspection” means that the sample(s), drawn for inspection, may be destroyed 
through cutting, pulping or insertion of equipment into the sample during inspection.  
“disposal” means moving a product out of the current value chain to another  destination. This 
destination could be a processing plant, another market, municipal dump or incinerator.  
“entity” means any natural person, company, group or association.  
“facility” means farms, packhouses, horticultural trading facilities and mills.  
“facilities” means any premise where controlled products are handled  
“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 a gricultural products.     
 
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Regulations relating to the local production  and trading of controlled products: Agronomic Industry, Act, 1992  “GLOBALG.A.P. certification system” means the certification system as a whole, as described 
by the GLOBALG.A.P. General Regulations and the Control Points Compliance Criteria.  
“localg.a.p. certification” means the certification system  as whole, as described by the 
localg.a.p. Primary Farm Assurance program.  
“miller”  means an entity who operates a mill for grinding grain into flour.  
 “non-destructive inspection” means that the sample(s), drawn for inspection, will not be 
damaged in any manner and will be returned to their original location after inspection is 
completed.  
“NAB’s Website” means the N.A.B.’s website, located at www.nab.com.na .  
“operators” means any entity involved in the value chain of controlled products . 
“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.  
“place of sale” means any place where controlled products are  offered for sale to retailers or 
the general public. Places include, but are not limited to, municipal markets, informal trading 
points and retail stores.  
“packhouse” means a facility set up for handling harvested produce. Also called a produce 
handling f acility.  
“premises” means farms, packhouses, horticultural trading facilities including markets and 
retail outlets, cold storage facilities and mills.  
“producer” means an entity who is legally responsible for the production processes and the 
products the y sell.  
“product group” means the type of product, such as table grapes, apples, pears or oranges, etc.  
“product sub -group” means the variety or cultivar, such as Granny Smith, Navels or Valencia’s, 
etc. 
“processor” any registered entity involved in the ma nufacturing of products derived from a 
controlled product.  
“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 regulations.  
“retail outlet” means a premise where controlled products are sold to the general public.  
“the Act” means the Agronomic Industry Act, 1992 (Act 20 of 1992).  
“service miller” a person or entity who owns or operates a mill, especially a mill tha t grinds 
grain into flour , rendering a service to persons or entities for the purpose of commercial trading 
and human  consumption . 
“relevant party” means an entity involved in the value chain of controlled products.  
"traceability" means the ability to trace and follow a food product or substance intended to be, 
or expected to be, incorporated into a food product through all stages of production, packing, 
processing, handling and distribution.  
“trader” means an entity who is involved for commercial gain through the handling of 
controlled products  
“transport unit” means a trailer, truck or and other piece of equipment used in the transportation 
of controlled products.  
 
 
2. PURPOSE (OBJECTIVE)  
The purpose of these regulations is to ensure that all controlled p roducts produced, packed and 
offered for sale in Namibia, comply with the requirements set out herein, with the objective of 
achieving safe food for all and creating consumer confidence in the regulatory processes.     
 
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Regulations relating to the local production  and trading of controlled products: Agronomic Industry, Act, 1992  3. SCOPE  
These regulations apply to all con trolled products produced, packed, or processed in the 
Republic of Namibia for commercial gain and intended human consumption.  
 
 
4. REQUIREMENTS UNDER THIS REGULATION  
 
4.1 Registration  
 
4.1.1 All producers, millers  (including service millers) , processors and traders of controlled 
products, 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 farms, packhous es, horticultural trading facilities (cold storage facilities), mills and 
all places where controlled products are handled or stored in Namibia, 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).  
4.1.3 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, processing, 
storage, and marketing of con trolled products.  
4.1.4 In terms of section 10(k)(ii) of the Agronomic Industry Act (Act 20 of 1992), any entity  
engaged in the production, processing, storage, and marketing of controlled products 
shall be required to provide specified information to the Board.  
 
4.2 Certification  
 
4.2.1 All facilities which handle controlled products shall be inspected annually by the Board  
and certified against specific criteria. Certification is mandatory for registration.  
4.2.2 All producers  and pack houses of controlled horticultural products, intended for 
commercial processing and  human consumption, shall have a valid G.A.P. certificate 
in compliance with, either GLOBALG.A.P. certification system for export products  if 
required by the marke t, or localg.a.p. certification system  based on the Primary Farm 
Assurance (PFA) Standard entry level requirements , for the Namibian market, as a 
minimum.  
4.2.3 The Primary Farm Assurance Standard referred in 4.2.2 consist of the All Farm Base, 
Crop Base and Fru it & Vegetables modules.  
4.2.4 All producers of controlled agronomic products, intended for commercial processing 
and human consumption, shall only deliver agronomic products  in compliance with 
localg.a.p. certification system based on the Primary Farm Assurance  (PFA) standard 
entry level requirements as adopted for the grain sector herein referred to as Annexure 
B, as a minimum.  
4.2.5 The Primary Farm Assurance Standard referred in 4.2 .4 consist of the All Farm Base, 
Crop Base and Combinable Crops  modules.  
4.2.6 Controlled agronomic products which do not comply with the requirements contained 
in 4.2. 4 and 4.2.5 will not be accepted by the facility or millers.  
4.2.7 Any product which is labelled with a claim that it has been produced under organic 
conditions shall provide proof of certification based on the Guidelines for the    
 
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Regulations relating to the local production  and trading of controlled products: Agronomic Industry, Act, 1992  Production, Processing, Labelling and Marketing of Organically Produced Foods which 
were adopted by the Codex Alimentarius Commi ssion, or equivalent.  
4.2.8 All producers of controlled agronomic products shall a valid letter of conformance 
issued by the NAB.  
4.2.9 All Millers or processors of controlled agronomic products shall have an operating 
license , including service millers  issued by the NAB .  
 
 
4.3 Inspection  
 
4.3.1 localg.a.p. assessment  will be undertaken at farms  and packhouses  of controlled 
horticultural products , upon receipt of the completed application form . 
4.3.2 Horticultural trading facilities (cold storage facilities), retail outlets and mills  shall be 
subjected to annual inspections , upon submission of the renewal application form with 
all supporting documentations . 
4.3.3 The frequency and intensity of inspections will be determined by the type of 
certification held by the facility and the leve l of G .A.P. certification held by the 
suppliers to that facility.  
4.3.4 The facility shall provide a suitable inspection area for the inspector to conduct 
inspection, as applicable to the products being inspected and the type of inspection to 
be conducted.  
4.3.5 All p roducers of controlled agronomic products  shall be required on an annual basis to 
submit the completed self-assessment checklist to the NAB to demonstrate compliance 
with the Namibian grain food safety standard requirements . 
4.3.6 In order to confirm and verify compliance as per 4.3.5, the NAB will conduct 
inspections  on farms on a sample basis , and in the event of non -compliance the specific 
producer shall be subjected to annual inspections.  
4.3.7 All controlled products arriving at a place of sale to the publ ic, shall be accompanied 
by a consignment – or delivery – note or invoice . These documents shall contain the 
following information, as a minimum:  
a) A unique number to identify the document.  
b) The producer or processor of the product  
c) The date delivered to the p lace of sale  
d) The consignee  
e) The product group and product sub - group, where applicable  
f) The quantities per group and sub -group  
g) The class and/or grade, where applicable  
h) The value of the consignment, payable by the consignee  
 
4.3.8 Management, at the place of sale,  shall provide unrestricted access to the premises, 
all documentation required and actual products, which the inspector requires for 
purposes of inspection.  
4.3.9 The inspector may draw samples for inspection or further analysis. Inspection and 
analysis may be d estructive, or non -destructive, depending on the methods applied.  
4.3.10  The inspector will determine the result of inspection and conclude whether the 
product, or consignment, is in compliance with these regulations and other 
inspection requirements.     
 
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Regulations relating to the local production  and trading of controlled products: Agronomic Industry, Act, 1992  4.3.11  The inspect or will issue an inspection report to the current owner of the product, 
stating the results of the inspection.  
4.3.12  If the product, or consignment, is approved, it may proceed along the value chain.  
4.3.13  If the product, or consignment, is rejected, it must immediate ly be segregated and 
not offered for further sale, until disposal instructions have been finalised by the 
current owner of the product.  
4.3.14  The current owner shall provide the inspector with proof of disposal within twenty -
four hours after receipt of the reje ction report.  
4.3.15  Legible copies of all documentation used in the inspection process will be collated 
by the 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 docume ntation relevant to the inspection of a controlled product shall be 
maintained by the relevant party for three years, to ensure traceability and 
information required by Board  shall be submitted without delay.  
 
 
5. WITHDRAWAL OF REGISTRATION  
 
5.1 Registration will be withdrawn if:  
(i) The registered entity is found guilty of an offence in accordance with clause 11 of 
these regulations.  
(ii) The registered entity is declared insolvent in terms of the Insolvency Act (Act 24 
of 193 6). 
(iii) The registered entity ceases to exist, or the individual, who is registered, passes 
away.  
(iv) If the entity fails to pay outstanding debt to the Board . 
(v) If the entity is found to be producing, processing and/or trading in inferior quality 
products, or products which are proven to be unsafe for human consumption.  
 
b. An entity may lodge an appeal against the withdrawal of registration in accordance with 
the appeals procedure in clause12 of these regulations.  
 
 
6. SURVEILLANCE  
The very nature of the inspection methodology is based on unannounced inspections and will 
include all the aspects of surveillance inspections or audits, as applicable.  
 
 
7. LEVIES & FEES  
 
The following levies & fees are payable:  
 
7.1 Any miller or processor of controlled products sha ll be required to pay a n annual  
registration fee  to the Board , as prescribed by the Board  from time to time , where 
applicable . 
    
 
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Regulations relating to the local production  and trading of controlled products: Agronomic Industry, Act, 1992  7.2 Millers or processors of controlled products shall pay a general  levy to the Board , which is 
a percentage of the purchase price of the grain used in the milling process. These levies are 
published in the Government Gazette.  
 
7.3 Millers or processors of controlled agronomic products shall deduct and pay a  general levy  
to the Board , on behalf of the producer. This levy is  a percentage of the price of the  grain 
purchased from producers. These levies are published in the Government Gazette.  
 
7.4 Traders of controlled products shall pay a general  levy to the Board , which is a percentage 
of the purchase price of horticultural products. These levies  are published in the 
Government Gazette.  
 
7.5 Traders of controlled horticultural products shall deduct and pay a general  levy to the 
Board , which is a percentage of the price of horticultural products purchased from 
produc ers. These l evies are published in the Government Gazette.  
 
7.6 Additional fees for inspection, product sampling and testing analysis shall be charged, if 
applicable, when the regulator has to conduct surveillance inspection for the purpose of 
confirming conti nuous compliance, as determined from time to time.  
 
7.7 Where applicable, for the purpose of surveillance inspection, the costs associated with 
travel and accommodation shall be charged to the relevant party.  In the case of non -
compliance?  
 
 
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 All producers, processors and traders shall respect the confidentiality requirements 
involved in 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  
Not applicable to these r egulations  
 
 
10. RESTRICTIONS  
Not applicable to these regulations  
 
 
11. OFFENCES & PENALTIES  
11.1 If an entity offers controlled agronomic and horticultural products for sale that do not 
comply with this regulation, the entity 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 local production  and trading 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 sh own in the table in 13. 4 - Annexure D. 
 
 
12. APPEALS  
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 Appeals 
Procedure.  
 
 
13. ANNEXURES  
13.1 Annexure A – Registration – Application form  
13.2 Annexure B  
13.3 Annexure C – Appeals procedure  
13.4 Annexure D – Offences and penalties