NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT(Act 5 of 2008)
THE COMPULSORY SPECIFICATION FOR PLASTIC CARRIER BAGS ANDFLAT BAGS- VC 8087
I, Dr. Rob Davies, Minister of Trade and Industry, under Section 13 (1) (a) of theNational Regulator for Compulsory Specifications Act (Act 5 of 2008) and onrecommendation of the NRCS Board, hereby declares the CompulsorySpecification as set out in the attached schedule, with effect six (6) months fromthe date of publication of this notice.
Dr. Rob DaviMPMinister of Trade and Industry4No. 36808 GOVERNMENT GAZETTE, 6 SEPTEMBER 2013
This gazette is also available free online at www.gpwonline.co.zaGOVERNMENT NOTICES
GOEWERMENTSKENNISGEWINGS
DEPARTMENT OF TRADE AND INDUSTRY
DEPARTEMENT VAN HANDEL EN NYWERHEID
No. R. 651 6 September 2013
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 SCHEDULEVC 8087
THE COMPULSORY SPECIFICATION FOR PLASTIC CARRIER BAGS ANDFLAT BAGS
1.SCOPE1.1 This compulsory specification covers the requirements for plastic carrierbags and flat bags that are made from virgin thermoplastics material or anypercentage of recycled thermoplastics or filler materials that are intended foruse to carry products from a point of sale to use.
1.2 This compulsory specification does not apply to refuse bags, barrier bags,bin liners, household plastic bags, zip lock bags or carrier bags made frommaterials other than those specified in paragraph 1.1.
2.DEFINITIONS2.1 For the purposes of this compulsory specification, thedefinitionsinSANS 695, Plastic carrier bags and flat bags shall apply.
2.21n addition, the following definitions shall apply:2.2.1 Applicant:The manufacturer or importer of a type of bag. The manufacturer or importershall be an established legal entity within the Republic of South Africa.2.2.2 Approval:Confirmation by the NRCS that a type of bag satisfies the requirements of thiscompulsory specification.2.2.3 Conformity assessment body:As referred to in the Conformity Assessment Policy of the NRCS.2.2.6 The letter of authority certificate:As defined in section 1 of the NRCS Act, 5 of 2008.
2.2.4 NRCS:The National Regulator for Compulsory Specifications as established by theNational Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008).STAATSKOERANT, 6 SEPTEMBER 2013 No. 36808 5
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 2.2.5 Sell:As defined in section 1 of the NRCS Act, 5 of 2008.
2.2.7 Type of bag.A category of plastic carrier bag and/or flat bag of the same construction(textured or non-textured), irrespective ofsize,colour,materialand/ordecorative patterns or printing.
3.SPECIFIC REQUIREMENTS
3.1 Plastic carrier bags and flat bags shall comply with SANS 695, Plastic carrierbags and flat bags. For the purposes of this compulsory specification, themarking requirements in SANS 695 shall be excluded.
3.2 Each type of bag shall be approved in accordance with the requirements ofAnnexure A of this compulsory specification before it is imported, sold orsupplied in the Republic of South Africa.
3.3 Plastic carrier bags and flat bags shall be so manufactured as to conform tothe type of bag approved under this compulsory specification. Manufacturersand importers shall control production and/or conduct routine testing inaccordance with Annexure B, to continuously verify that this condition is met.3.4The applicant shall inform the NRCS of any change(s) in the constructionmaterialaffectinganymandatoryrequirementofthiscompulsoryspecification.Inthe event of such change(s) the NRCS may, at itsdiscretion, demand the submission of new evidence of conformity or a new
application for approval.
4. Marking
The NRCS approval number shall appear prominently on all plastic carrier bagsand flat bags in the following format:
"NRCS Approval XXXXX."6No. 36808 GOVERNMENT GAZETTE, 6 SEPTEMBER 2013
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 5. CONFORMITY TO REFERENCED STANDARDS5.1 For the purposes of this compulsory specification, a new edition of areferenced standard shall become effective six months from the date ofpublication as a South African National Standard.5.2When a new edition of a referenced standard ispublished, productsoriginally approved in accordance with the previous edition of that standardmay have their approval extended for up to two years from the effective dateof the new standard, subject to the requirements of Annexure A, unlessdeclared otherwise by the Minister.STAATSKOERANT, 6 SEPTEMBER 2013 No. 36808 7
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 ANNEXURE A(Normative)
THE APPROVAL OF PLASTIC CARRIER BAGS AND FLAT BAGS
A.1: APPLICATION FOR APPROVALThe applicant shall apply to the NRCS for approval of every type of bag. Theapplication shall be accompanied by the following:
A.1.1 Information on the construction (textured or non-textured) and material of thetype of bag.
A1.2 Details of the manufacturing plant(s) where the type of bag is produced and/orthe physical address where the imported products are received, stored or distributedfrom.A1.3 Evidence of conformity, including test reports issued less than 12 monthsbefore the date of submission to the NRCS, by a conformity assessment bodyrecognisedinterms of the NRCS Conformity Assessment Policy, toprovecompliance with all the relevant requirements of this compulsory specification.
A1.4 The intended position of the approval number on the bag as set out in Sectionno. 4 of this compulsory specification.
A1.5 Information with regards to the body that will carry out the routine tests duringthe control of production.
A1.6 Any additional information relevant to the application for clarification purposes,as may be requested by the NRCS.
A2: THE ISSUANCE OF APPROVALA2.1 Where the type of bag submitted in accordance with section A.1 meets therequirements of this compulsory specification, approval shall be granted.A2.2 The NRCS shall assign a unique approval number to each type of bagapproved.
A2.3 The NRCS shall confirm with the applicant that approval has been granted bymeans of a letter of authority certificate bearing the approval number referred to inparagraph A2.2.8No. 36808 GOVERNMENT GAZETTE, 6 SEPTEMBER 2013
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 A2.4 The approval granted with respect to the type of bag pursuant to thiscompulsory specification may be withdrawn by the NRCS, at any time, after theapplicant has been notified in writing, if the requirements have not been met ormaintained.A2.5 The NRCS shall verify the existence of satisfactory arrangements in order toensure effective control of the conformity of production in accordance with theprovisions of Annexure B before approval is granted.STAATSKOERANT, 6 SEPTEMBER 2013 No. 36808 9
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 ANNEXURE B(Normative)
CONFORMITY OF PRODUCTION AND ROUTINE TESTS
B.1 THE RESPONSIBILITIES OF THE APPLICANT, particularly to the assessmentof conformity of production:
B.1.1 In agreement with the NRCS, the applicant or a conformity assessment bodyshall be responsible for the control of conformity of production.
B.1.2 Ensure that the routine test results are recorded and that the records remainavailable for a time period of five (5) years.B.1.3 Analyse the routine test results of each type of test in order to verify andensure the conformity of production of each type of bag, making allowances for the
variations experienced industrial production.B.1.4 Ensure that at least the tests prescribed in paragraph B.3 are carried out
routinely for each type of bag.
B.1.5 Ensure that when any samples show non-conformity with the test concerned,further samples are taken and tested. All the necessary steps must be taken torestore conformity of the corresponding production and prevent the sale of non-compliant products.B.1.6 The applicant shall ensure that the body as agreed to by the NRCS inparagraph B.1.1 carries out conformity control on a statistical basis and by randomsampling.B.2 THE DUTIES OF THE NRCS, particularly to the assessment of conformity ofproduction:B.2.1 The NRCS may at any time assess the effectiveness of conformity ofproduction.
B.2.2 The NRCS inspector may select samples to send to a conformity assessmentbody, when non-conformance is suspected in terms of control of production.
B.3 SAMPLING:
Requirements for sampling:
B.3.1 Samples shall be taken in accordance with Table 1 in B.3.310 No. 36808 GOVERNMENT GAZETTE, 6 SEPTEMBER 2013
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 B.3.2 Samples should be selected by using appropriately defined criteria to ensurethat they are truly representative of the lot, i.e. taken at random, evenly andthroughout.
B.3.3 For the production to be considered to conform, the routine tests shall meetthe sampling requirements in table 1 as agreed upon between the manufacturer orimporter and NRCS.Table 1: Sampling requirements:
Tests to beconductedSample sizeSampling and testfrequencyRejection
criteria
DeterminationoffilmthicknessinaccordancewithSANS 695.As determined by thebody responsible forcontrol of conformity ofproduction and to thesatisfaction of theNRCS.As determined by thebody responsible forcontrol of conformity of
production and to thesatisfaction of theNRCS.One non-compliantitem.STAATSKOERANT, 6 SEPTEMBER 2013 No. 36808 11
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998