This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 22 MAART 2019 No. 42324  11
Government  notices  • G oewermentskennisGewinGs
Agriculture, Forestry and Fisheries, Department of/ Landbou, Bosbou en Visserye, Departement van
DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES
NO. R. 447   22 MARCH 2019
R. 447 Agricultural Product Standards Act, 1990 (Act No. 119 of 1990): Regulations Relating to the Protection of Geographical Indications used on Agricultural Products inteded for sale in the Republic of South Africa  42324DEPARTMENT OF AGRICULTURE , FORESTRY AND FISHERIES  
 
No. R.             
                xx/xx/2019  
 
AGRICULTURAL PRODUCT STANDARDS ACT, 1990  
(ACT No. 119 OF 1990)  
 
REGULATIONS RELATING TO THE PROTECTION OF GEOGRAPHICAL INDICATIONS USED ON 
AGRICULTURAL PRODUCTS INTENDED FOR SALE IN  THE REPUBLIC OF SOUTH AFRICA  
 
The Minister of Agriculture, Forestry and Fisheries  has under section 15 of the Agricultural Product 
Standards Act, 1990 (Act No. 119 of 1990)  -- 
 
 (a) made the regulations in the Schedule;  and 
 
 (b) determined that the said regulations shall  come into operation 6 months after  the date of   
                  publication  thereof . 
 
 
SCHEDULE  
 
Contents  
                 Regulation  
 
Definitions      1 
Scope of regulations  2 
Prohibition on the use of registered  geographical indications  3 
Application for registration  as a South African geographical indication  4 
Application for registration as a foreign geographi cal indication  5 
Registration of foreign geographical indications that f orm part of international agreements  6 
Date of application for registration and priority  7 
Processing of applications received and verificatio n of information  8 
Notice of registration and invitation for objections  9 
Objection to the registration  10 
Rejection of application for registration  11 
Registration  12 
Keeping of a R egister  13 
Application to amend the product specification  14 
Cancellation of registration  15 
Use of GI symbols, designations  and acronyms 16 
Labelling of foodstuffs using registered  geographical indications as ingredients  17 
Agricultural products which fail to meet the produc t specification  18 
Auditing of groups and trade control of registered geographi cal indications  19 
Updating of related regulations under the Act  20 
Offences and penalties  21 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Definitions  
 
1. In these regulations any word or expression to which  a meaning has been assigned in the Act shall 
have that meaning, and -- 
 
"Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);   
 
"agricultural product " means any primary or processed product  regulated in terms of sections 3(1) and 
15 of the Act , but does not include a liquor product as defined under the Liquor Products Act, 1989 
(Act No. 60 of 1989) ; 
 
"assignee " means a person, undertaking, body, institution, assoc iation or board designated as such under 
section 2(3)(a) of the Act , which does not have direct or indirect interest in the product concerned ; 
 
"certification body" means, where used in relation to foreign geographical  indications, a body or 
organisation in the foreign country concerned which is accredited in accordance with international 
standards (e.g. ISO/IEC Guide 65 - General requirements for bodies operating product cer tification 
systems; etc.) and that is able to certify that the provisions of the product specifications of a 
registered foreign GI are  complied with ; 
 
"competent authority"  means a specific Government department or other ent ity designated by such 
Government department  in a foreign country that  is responsible for the registration and protection 
of geographical indications;  
 
"days"  means calendar days;  
 
"Department"  means the Department of Agriculture, Forestry and F isheries;  
 
"Executive Officer " means the officer designated under section 2(1) of t he Act;  
 
"foreign geographical indication " or "foreign GI " means a geographical indication that identifies an 
agricultural product intended for sale on the local  market as originating in a country other than the 
Republic of South Africa;  
 
"generic " means that the name of an agricultural product which, although it relates to the territory, region 
or place where the agricultural product concerned was or iginally produced or marketed, ha s 
become the common or general name used for such agricultural product in the Republic of South 
Africa (e.g. French fried potatoes, Brussels sprouts, etc.) ; 
 
"geographical indication " (GI) means  an indication (name) that identifies an agricultural product – 
 
(a) as originating in the territory of the Republic of South Africa or in another country , or in a 
region or locality in that territory ; and  
 
(b) whose given quality, reputation or other characteris tic is essentially attributable to its 
geographical origin  (refer to TRIPS Agreement, Article 22 (1)); 
 
"grou p" means any association , body  or entity, irrespective of its legal form,  mainly composed of producers 
or processors that represent the same agricultural product for wh ich protection is sought and that 
can demonstrate that it is organised on the basis of  democratic principles;  
 
"homonymous" means  a word or name or  an indication that has the same spelling or sounds the same 
as a registered geographical indication;  
 
"international agreement " mean s any bilateral or multilateral treaty, convention, or agreement to w hich the Republic 
of South Africa is a party / signatory, and any arrangement between the Republic of South Africa an d another 
country, concerning the protection of geographical indications ; 
 
"processing " means  that the agricultural product  concerned have been subjected to a series of action s 
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which changes its nature;  
 
"producer " means a person or group of persons who produces,  exploits  or processes agricultural products 
and/or exercises control over the use of a geographi cal indication, standards of production and 
other product specifications ; 
 
"qualified South African auditor" means a person  in the Republic of South Africa, either in his/her private 
capacity  or as an employee of a private entity , who – 
 
(a) has successfully complete a recognised auditor/  inspector training course in a food 
technology related subject (e.g. SANS 10049, SANS 1 0330 , SANS 22000 , etc. ); 
 
(b) is registered with a SANAS (South African National Accreditation System) accredited body 
responsible for the certification of persons in accordance with S ANS 17024 (ISO/IEC 
17024) , such as  but not limited to the Southern African Auditor and Training Certificati on 
Authority (S AATCA); and  
 
(c) is able to provide written or equivalent assurance th at a product, process or service is in 
conformity with certain standards  or specifications ; 
 
"Register " means an electronic record of registered geographica l indications established in terms  of 
regulation 1 3; 
 
"registered foreign geographical indication " or "registered foreign GI " means  a foreign geographical 
indication, including a geographical indication that  forms part of an international agreement that  
has been registered in terms of these regulations b y entering it in a Register;  
 
"registered geographical indication " or "registered  GI" means  a South African or foreign  geographical 
indication that has been registered in terms of these regulations b y entering it in a Register ;   
 
"registered South African geographical indication " or "registered South African  GI" means  a South 
African geographical indication that has been register ed in terms of these regulations by entering 
it in a Registe r; 
 
"South African geographical indication " or "South African GI" means a geographical indication that 
identifies an agricultural product as originating i n the Republic of South Africa;  
 
"trade mark " means a  trade mark as defined by the Trade Marks Act, 1993 (Act No. 194 of 1993) , and in 
the context of these regulations also includes a reg istered trade mark  as defined in the same Act ;  
 
"TRIPS Agreement " means the Agreement on Trade -Related Aspects of Intellectual Property set out in 
Annex 1C to the WTO Agreement ; and 
 
"WTO Agreement " means the World Trade Organization Agreement adopted  at Marrakesh on 15 April 
1994, as revised or amended from time to time.  
 
Scope of regulations  
 
2. (1)  These  regulations shall – 
 
(a) apply to the use of registered geographical indicati ons on agricultural products  as 
defined in regulation 1 only , and that are intended for sale in the Republic of South 
Africa ; and  
 
(b) take into account international agreements regarding  the protection of foreign 
geographical indications  in the Republic of South Africa .  
 
 
 
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Prohibition  on the use of registered geographical indication s 
 
3. (1) Any direct or indirect commercial use of a registere d GI in the Republic of South Africa is 
prohibited on – 
(a) similar agricultural products which are not covered by the registration; and  
 
(b) dissimilar agricultural products where such use expl oits the reputation of the 
protected name.  
 
(2) The prohibition referred to in sub -regulation (1) shall --  
 
(a) apply  in particular where -- 
 
(i) the registered name is imitated or alluded to;  
 
(ii) the registered name is translated;  
 
(iii) the registered name is accompanied by words or expr essions such as 
“kind”, “type”, “style”, “imitation”, “method”, “as  produced in”, or an y similar 
words or expressions: Provided that the use of thes e words or expressions 
together with the registered name is permissible when specifically allowed 
for in an international agreement ; and 
 
(iv) the agricultural product is used as an ingredient i n the manufacture of 
another foodstuff, unless the conditions in regulat ion 17 have been met ; 
and 
 
(b) also apply to  --  
 
(i) any false or misleading indication or depiction as to  the agricultural 
product’s true origin, provenance, manufacturing proc ess, nature or 
essential characteristics on a container, an outer container, a notice board 
and/or in an advertisement thereof;  
 
(ii) any illicit use of a specific or unique shape of the  agricultural product 
referred to in regulation 4(3)(b);  
 
(iii) any use of a container or packaging which could creat e a false impression 
regarding the origin of the agricultural product ; and 
 
(iv) any illicit use of a GI symbol, the designation “Protected Geographica l 
Indication” or “Registered Geographical Indication” o r “RSA Geographical 
Indication”, or the corresponding acronym “PGI” or “RGI” or “RSA -GI”, or 
any similar designations or acronyms.  
  
 (3) The Executive Officer may grant written exemption, either entirely or partially, from the 
provisions of sub -regulation ( 2) on such conditions  as he/she may deem necessary.  
 
Application for registration  as a South African geographical indication  
 
4.  (1) An application for registration as a South African GI by a group from within the Republic of 
South Africa shall be submitted electronically to the Executive Officer and at least in English: Provided that 
an application for registration shall not be considere d in instances where the proposed name – 
 
(a) is identical to an existing registered GI for the s ame agricultural product originating 
from the  same or similar geographical origin;  
 
(b) is identical to a term customary in common language  in the Republic of South 
Africa as the common name for the agricultural product con cerned;  
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(c) falsely communicates to the consumer that the agricult ural product concer ned 
originates from a certain territory, or region or l ocality in that territory, although its 
quality, reputation or other characteristic is attr ibutable to another territory from 
which it truly originates;   
 
(d) is generic and cannot identify the place of producti on and given quality, reputation 
or other characteristics attributable to the place of production : Provided that 
account shall be taken of all relevant factors, and in particular the opinion of 
producers and consumers, especially those in the reg ion from which the name 
originates, when deciding whether a name has become  generic or not ; 
 
(e) is identical to a customary name of a plant variety or an animal breed existing in 
the Republic of South Africa and is likely to mislea d the consumer as to the true 
origin of the agricultural product;  
 
(f) is wholly or partially homonymous with an existing registered GI and is likely to 
mislead consumers: Provided that the Executive Offic er may consider the 
registration of a homonymous name as a GI by taking into account the need to 
ensure – 
 
(i) the equitable treatment of the producers of the agr icultural product(s) 
concerned to which the GI relates;  
 
(ii) that there is a clear distinction between the use o f the homonymous name 
registered subsequently and the use of the name already  entered in the 
Register; and  
 
(iii) that consumers are not misled  about to the true origin of the agricultural 
product concerned ; 
 
(g) is identical or similar to the name of a trade mark used in the Republic of South 
Africa on the same or similar agricultural product (s): Provided that the Executive 
Officer may register a GI that is identical or similar to a trade mark  if – 
 
(i) the o wner of the trade mark has consented to its registr ation as a GI; or  
 
(ii) he/she has considered that the GI may co -exist with the trade mark, taking 
into account at least the following factors:  
 
 (aa) the proposed GI’s history of use in good faith in t he Republic of       
                          South Africa; and  
 
 (bb) the legitimate interests of the owner of the trade mark and of third  
                          parties; and  
 
(h) is intended to be used in translation, or is accompa nied by words or expressions 
such as “kind”, “type”, “style”, “imitation”, “meth od”, “as produced in”, or any similar 
words or expressions.  
 
(2) An application referred to in sub -regulation (1)  shall at least include the information  
specified  below : 
(a) T he following information regarding the applicant group:  
 
(i) N ame of the group and contact details, i.e. physical addr ess, e -mail 
address and telephone number.  
 
(ii) C omposition of the group, as well as the necessary p roof that the group is 
representative  of the agricultural product for which protection is sought : 
Provided that a group is deemed to be representativ e where – 
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 (aa) its members produce and/or process at least 50% of the  
                                        production volume of the agricultural product concer ned; and  
 
 (bb) they can show that the group is organised based on democratic  
                          principles.   
 
(b) The name of the proposed  GI to be registered: Provided that a  translation of the 
proposed GI into English shall be provided if in a language othe r than English.  
 
(c) Proof that the proposed GI -- 
 
(i) is not a generic name;  
 
(ii) does not correspond with the customary name of a pl ant variety or an 
animal breed in the Republic of South Africa  that is  likely to mislead the 
consumer as to the true origin of the agricultural product ; and 
 
(iii) is not identical or similar to the name of a trade mark used in the Republic 
of South Africa on the same or similar agricultural pro ducts: Provided that 
if the group has obtained prior written consent from t he owner of the trade 
mark for its co-existence with a GI on the same or similar agricultural 
product s, the necessary proof shall be include d in the application.   
 
(d) The following specifications regarding the  agricultural product : 
 
(i) The type of agricultural product.  
 
(ii) A description of the product’s main physical, chemi cal, microbiological and 
organoleptic (where applicable) characteristics: Prov ided that existing 
quality and/or compositional requirements prescribed  in the regulations 
published under the Act for the agricultural produc t concerned shall be 
taken into consideration at all times.   
 
(iii) A description of the production process/  method, and any processing or 
refining that  takes place in the defined geographical area.  
 
(iv) Proof  that the agricultural product originates in the geo graphical area 
which shall include the history of the product and i ts traceability . 
  
(e) A definition of the geographical area.  
 
(f) Details demonstrating -- 
 
(i) the link between the quality or characteristics of the  agricultural product 
and the geographical environment; or  
 
(ii) where appropriate, the link between a given quality, t he reputation or other 
characteristics of the agricultural product and its  geographical origin.  
 
(3) An application referred to in sub -regulation (1) may in addition also include the following 
information:  
(a) Specific elements about the labe lling and/or rules regarding the use of the 
proposed GI: Provided that the existing labelling requirements and restrictions 
prescribed in the regulations published under the Act  for the agricultural product 
concerned shall still be complied with.  
 
(b) A description of any specific or unique shape of th e agricultural product  concerned . 
 
(c) Specific elements of the packaging, where the applic ant group is able to justify that 
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the packaging is necessary in order to ensure product  quality, as well as to 
guarantee traceability or control in the defined ge ographical area.  
 
(4) Each group  applying for registration as a South African GI shall – 
 
(a) nominate a  qualified South African auditor to audit the GI as intended in regulation 
19(1) ; and  
 
(b) provide a summary of the critical elements of control (i.e. minimum product 
specifications and any other information  deemed necessary ) that will be used by 
the nominated qualified South African auditor  to verify compliance  during audits .  
 
(5) A joint application for registration as a GI for the same agricultural product may be 
submitted by several groups in instances where the p roposed name -- 
 
(a) designates a trans -border geographical area; or  
 
(b) is a traditional name connected to a trans -border geographical area.  
 
(E.g. ‘Kalahari Lamb’ where the Kalahari covers parts of the  RSA, Namibia & 
Botswana ) 
 
Application for registration as a foreign geographical indicati on 
 
5. (1) An application for registration as a foreign GI, excluding foreign GIs that form part of 
international agreement s, by a group from outside the Republic of South Afric a shall be submitted 
electronically to the Executive Officer and at least in English  via the competent authority in the country 
concerned: Provided that an application for registr ation  shall not be considered in instances where  the 
proposed name – 
 
(a) is not protected, or has ceased to be protected or  has fallen into disuse in its 
country of origin;  
 
(b) is identical to an existing registered South African  GI for the same agricultural 
product;   
 
(c) is identical to a term customary in common language in the Republic of South 
Africa as the common name for the agricultural produ ct concerned ; 
 
(d) is generic  and cannot identify the place of production and give n quality, reputation 
or other characteristics attributable to the place of production ;  
 
(e) is identical to a customary name of a plant variety  or an animal breed existing in 
the Republic of South Africa and is likely to misle ad the consumer as to the true 
origin of the agricultural product;  
 
(f) is wholly or partially homonymous with an existing registered GI and is lik ely to 
mislead consumers;  
 
(g) is identical or similar to the name of a trade mark used in the Republic of South 
Africa on the same or similar agricultural product (s); or 
 
(h) is intended to be used in translation, or is accompa nied by words or expressions 
such as “kind”, “type”, “style”, “imitation”, “meth od”, “as produced in”, or any similar 
words or expressions . 
 
 (2) An application referred to in sub -regulation (1) shall include at least the following 
information:  
(a) The same information required in regulation 4(2)(a) to ( f). 
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(b) Proof  that the GI is still in use and is protected in the country of ori gin. 
 
(c) T he name and contact details of the certifi cation body  nominated to  verify 
compliance with the provisions of the product speci fication : Provided that the 
Executive Officer shall be informed in writing whene ver the nominated certifi cation 
body  changes . 
 
(d) If in use, an e xample of the  GI symbol , designation and/or acronym that will appear 
with the geographical indication – 
 
(i) on the container  and/or  outer container of the agricultural product ; or 
 
(ii) in an advertisement related to the agricultural pro duct concerned.  
 
(3) A joint application for registration as a foreign GI may be submitted by several groups in 
instances where the proposed name -- 
 
(a) designates a trans -border geographical area; or  
 
(b) is a traditional name connected to a trans -border geographical area.  
 
Registration  of foreign geographical indications that form  part of international agreements  
 
6. (1) Foreign GIs that form part of international agreement s and which fall within the scope of 
these regulation s shall -- 
 
(a) not be subject to the procedure for application for  registration  as a foreign GI set 
out in regulation 5 : Provided that the Executive Officer shall prior to the action 
taken under paragraph (b) be  satisfied that  -- 
 
(i) such foreign GIs are in use  and protected in the foreign country concerned ; 
 
(ii) such foreign GIs are subject to regular audits by a certification body in the 
foreign country concerned ; 
 
(iii) such foreign GIs do not contravene any of the restr ictions set out in 
regulation 5(1);  and 
 
(iv) the latest product specifications registered for the  name concerned  are 
accessible in electronic format. 
 
(b) be entered in a Register as set out in regulation 1 2(2): Provided that  where 
necessary , the Executive Officer may request the competent aut hority in the 
country concerned  to furnish him/her with additional information  required for the 
Register as set out in regulation 13(2).   
 
(2) The competent authority in the country concerned sh all inform the Executive Officer in 
writing and within reasonable time of any change in st atus of a registered foreign GI that fo rms part of an 
international agreement.    
 
 (3) Any addition of a name to the list of registered fo reign GIs that form part of an international 
agreement and which fall within the scope of these reg ulations shall be done in accordance with the 
procedure provided for in such international agreem ent, or as otherwise mutually agreed between the 
Republic of South Africa and the country concerned.  
 
 
 
 
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Date of application for registration and priority  
 
7. (1) T he date of application for registration as a GI shall be regarded as the date upon which 
the Executive Officer receives the application.  
 
 (2) The first application for the registration of a  GI received by the Executive Officer shall have 
priority over any subsequent application for registra tion of an identical GI – 
 
(a) in respect of the same agricultural product; and  
 
(b) having the same or similar geographical origin . 
 
Processing of applications received  and verification of information  
 
8. (1)  Upon receipt of an application for registration  as either a South African GI or a foreign GI, 
excluding foreign GIs that form part of internation al agreements , the Executive Officer shall within a period 
not exceeding sixty (60) days from the date of application evaluate the information submitted in terms of 
regulation 4(2)  or 5(2) , as the case may be , to determine whether the following conditions have been met:  
 
(a) All the required information has been included in the  application.  
 
(b) The proposed GI is not excluded from registration  by virtue of the restrictions set 
out in regulation 4(1) or 5 (1) respectively. 
 
(c) The proposed GI meets the definition for ‘geographical indication’ in regulation 1 . 
 
(d) The group that applied –  
 
(i) is carrying on an activity in the geographical area spe cified in the 
application with respect to the agricultural product  so specified ; and 
 
(ii) is representative of the agricultural product for wh ich protection is sought  
 
(2) The Executive Officer  may –  
 
(a) correct any error of translation , or any obvious spelling error observed in the  
application filed with him/her , and shall notify the applicant  group  in writing to 
remedy the same ;  
 
(b) where deemed necessary, request the applicant group in writing to submit 
additional information: Provided that any request and su bsequent submission shall 
be done  within reasonable time and the process completed within the sixty (60) 
day period specified in sub-regulation (1);   
 
(c) in the case where an application for registration as  a South African GI was 
received  –  
 
(i) visit the group of producers in the geographical area concerned to confirm 
that the information submitted is true and complete  within the period  
specified in sub -regulation (1); and   
 
(ii) request the qualified South African auditor nominate d in terms of regulation 
4(4)(a) and/or  the Assignee designated for the agricultural product  
concerned to accompany him/her on the visit referred t o in sub -paragraph 
(i); and  
 
(d) consult  persons with specialised knowledge  and experience  about any matter 
relating to the application received within the period  specified in sub -regulation (1).  
 
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Notice of registration and i nvitation for objections  
 
9. (1)  Once the Executive Officer is  satisfied that all the conditions of regulation 8(1) have been 
met, where necessary the additional information req uested in regulation 8(2)(b) have been  submitted,  and 
that the information submitted is true and complete, he/she shall publish a Notice in the G overnment 
Gazette to  – 
(a) inform all interested parties of his/her intention to register the proposed GI;  
 
(b) inform all interested parties that information rega rding the most important elements 
of the product specification and its linkage to the  geographical area concerned are 
available on request; and  
 
(c) invite any written objections  to the proposed registration of the GI. 
 
 (2) The time allowed for objections referred to in sub -regulation 1(c) shall not exceed a  period 
of sixty (60) days  from the date of publication of such Notice  in the Government Gazette: Provide that any 
interested party may request the Executive Officer in writ ing, which shall be duly motivated , to consider an 
extension of the time allowed for a period not excee ding thirty (30) days.  
 
Objection to the registration  
 
10. (1) Any person or group  asserting a legitimate  interest in the  proposed  GI may, within the 
period allowed for under regulation 9(2), give written notice of his/her /their  objection to the registration on 
any of the following grounds:  
 
(a) The proposed GI does not meet the definition for ‘geographical indic ation’ in 
regulation 1 .  
  
(b) The proposed GI is a generic name.  
 
(c) The group that applied is not representative . 
 
(d) The proposed registration would be disadvantageous to a long -standing  trade 
mark, or a wholly or partially homonymous name  in use .  
 
(2) Any grounds for objection referred to in sub -regulation  (1) shall be accompanied by the 
necessary scientific and/or any  other supporting evidence.  
 
(3) The Executive Officer shall –  
 
(a) upon receipt of the objection , inform the applicant  group in writing  who in turn shall, 
within  a period not exceeding thirty (30) days , furnish the Executive Officer with a 
counter -statement of the grounds on which the group  relies for the application;  
 
(b) upon receipt of the counter -statement referred to in paragraph (a) furnish the 
objector with a copy thereof;  and 
 
(c) if so requested, give both the applicant group and the objector the opportunity to 
be heard .  
 
(4) If deemed necessary, the Executive Officer may consult persons with specialised 
knowledge and experience  about any matter relating to the objection received to  the registration of the 
proposed name . 
 
(5) The Executive Officer shall, after considering all i nformation, counter -statements, 
arguments and any other relevant information presente d to him/her, take a decision within a period not 
exceeding thirty (30) days whether to reject or reg ister the proposed  GI.  
 
 
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Rejection of application for r egistration   
 
11. (1) The Executive Officer shall reject an application for registration as a South A frican GI or 
foreign GI , excluding foreign GIs that form part of internation al agreements , if – 
 
(a) the additional information requested in terms of  reg ulation 8(2)(b)  was not 
submitted ,  or only submitted after the sixty (60) day period ha d lapsed ; 
 
(b) no counter -statement was received within the prescribed period referred to in 
regulation 10 (3)(a) ; or 
 
(c) t he application for registration has been opposed and  the objection has not been 
resolved in the applicant  group’s  favour . 
 
Registration  
 
12.  (1) The Executive Officer shall register a South African GI or foreign  GI, excluding foreign GIs 
that form part of  international agreements , – 
 
(a) if the application for registration has not been opposed wi thin the period allowed 
for under regulation 9(2); or  
 
(b) if the application for registration has been opposed, bu t the objection has been 
resolved in the applicant  group ’s favour; and   
 
(c) by entering  the name in a Register.  
 
(2) F oreign GIs that form part of international agreement s shall be registered by the Executive 
Officer by entering such names in a Register.  
 
(3) Once a GI has been registered  in accordance with sub -regulation (1) or  (2), the Executive 
Officer shall  –  
(a) in the case of a South African GI inform the applica nt group  in writing of the 
registration; or  
 
(b) in the case of a foreign GI, excluding a foreign GI that forms part of an international 
agreement, inform the competent authority in writing of the registration; and  
 
(c) publish a Notice in the Government Gazette of such registration . 
 
Keeping of a R egister  
 
13. (1) The Executive Officer shall establish and maintain an electronic  Register of all  South 
African GIs and foreign GIs, including foreign GIs that form part of internati onal agreements,  registered  by 
him/her  in terms of regulation 12.  
 
(2) The Register shall contain at least the following i nformation:  
 
(a) The name of the registered GI. 
 
(b) The name of the group.  
 
(c) The type of agricultural product . 
 
(d) T he product specification  or a summary of the critical elements of control (i.e. 
minimum product specifications and any other informati on deemed necessary) that 
will be used to verify compliance during  audits . 
 
(e) The name of the country from which  the registered GI originates.  
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(f) The name  of the certification body  nominated to verify compliance .  
 
(g) The date of registration.  
 
(3) The R egister shall be open for inspection to the public on the Department’s websi te.  
 
(4) The Executive Officer may correct any obvious error i n, or omission from, the Register.  
 
Application to amend the product specification  
 
14.        (1)        (a) Any group submitting an application  to amend the product specification ,    excluding 
the information referred to in sub -regulation (2),  related to  their registered GI shall 
follow the same procedure as described in these regul ations for application to 
register a GI. 
 
(b) Any application to amend the product specification of a r egistered foreign GI that 
forms part of an international agreement shall be d one in accordance with the 
procedure provided for in such international agreemen t, or as otherwise mutually 
agreed between the Republic of South Africa and the  country concerned . 
 
(c)  The e xisting quality and/or compositional requirements p rescribed in the 
regulations published under the Act for the agricultura l product concerned shall be 
taken into consideration at all times.  
 
 (2) Applications from a group to amend the following information related to their registered  GI 
shall not be subject to the procedure referred to in sub -regulation (1)(a) : 
 
(a) Nomination of a new  qualified South African auditor (RSA GIs) or certifi cation body  
(foreign GIs) .   
 
(b) Any l abelling and packaging changes : Provided that the existing labelling 
requirements and restrictions, as well as the packa ging requirements prescribed 
in the regulations published under the Act for the agr icultural product concerned 
shall still be complied with . 
 
(3) O nce written confirmation has been received from the Executive Officer that the proposed 
amendment to the product specification has been acce pted and that the R egister was amended, the group 
shall within reasonable time – 
 
(a) amend their product specification  accordingly;  
 
(b) ensure that all members of the group implement the a mendment; and  
 
(c) inform their nominated qualified South African auditor (RSA G Is) or certification 
body (foreign GIs)  of such amendment.  
 
(4) The Executive Officer shall inform the Assignee designated for the agricultural product 
concerned of any changes in the status of the produ ct specification, nominated qualified South African  
auditor (RSA GIs) and/or any labe lling and packaging changes.  
  
Cancellation of registration  
 
15. (1) T he Executive Officer shall cancel the registration  of a registered GI in the following 
instances:   
(a) On request of the group where the registered  GI is  no longer used or where the 
majority of members of such group are no longer interested in maintaining the 
registration.  
 
(b) If it is established during audit s referred to in regulation 19 (1) that compliance with 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 22 MAART 2019 No. 42324  23- 13 - 
	
the product specification of the registered  GI is no longer ensured  by the group .  
 
(c) If the Executive Officer was informed by the competent authority in the country 
concerned that a foreign GI, including a foreign GI that form s part of an 
international agreement , is no longer protected, or has ceased to be protect ed, or 
has fallen into disuse in its country of origin.  
 
 (2) In instances where the registration of a GI is cancelled , the Executive Officer shall  remove 
the name and other related details from the Register.   
 
Use of GI symbols , designations  and acronyms  
 
16. (1) A registered  South African GI may in addition show the following designation or 
corresponding acronym in the immediate vicinity thereof:  
 
(a) “Protected Geographical Indication”  or “Registered Geographical Indication” or 
“RSA Geographical Indication ”;  or 
 
(b) “PGI”  or “RGI” or “RSA -GI”. 
 
 (2) Imported agricultural products presented for sale under a re gistered foreign GI, including 
a registered foreign GI that forms part of an intern ational agreement , that enjoys protection in terms of these 
regulations may show any GI symbol(s), designations and acronyms approved for u se for such purpose by 
the competent authority in the country of origin  concerned .  
 
Labelling of foodstuffs using registered geographical indicat ions as ingredients  
 
17.  (1) A name registered as a South African GI or foreign GI , including a registered foreign GI 
that forms part of an international agreement , may be indicated as part of or in close proximity to  the product 
name/  designation of a foodstuff incorporating agricultur al products benefiting from such registered name, 
as well as in the labelling, presentation and advert ising relating to that foodstuff: Provided that the fo llowing 
conditions are met:  
 
(a) The foodstuff in question should not contain any ot her ‘comparable ingredient’, i.e. 
any other ingredient which may partially or totally  replace the ingredient benefiting 
from the registered  GI: Provided that if an ingredient comparable to a re gistered  
GI has been incorporated in a foodstuff, the register ed name of the GI may appear 
in the list of ingredients  only.  
 
(b) Where possible, the ingredient should preferably be used  in sufficient quantities to 
impart an essential characteristic to the foodstuff concerned.  
 
(c) Any emphasis regarding the presence of the ingredient sh ould be subject the 
requirements on Quantitative Ingredient Declaration s (QUID), as specified in the 
regulations published under the Foodstuffs, Cosmetics  and Disinfects Act, 1972 
(Act No. 54 of 1972). (Optional)  
 
Agricultural products which fail to meet the product specificati on  
 
18. (1) An agricultural product  which fail s to meet the requirements for the use of a registered  GI, 
but which ha s been legally presented for sale  (marketed)  under such name  for at least five (5) years prior 
to the publication of a Notice of application for registration in the Governmen t Gazette , may continue to be 
–  
(a) produced, packaged and labelled under such name  for a period not exceeding two 
(2) years following the afore -mentioned publication; and  
 
(b) presented for sale  (marketed)  for a period not exceeding three (3) years following 
the afore -mentioned publication . 
 
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(2) When  the product specification of a registered GI has be en amended  in accordance with 
regulation 1 4, the agricultural product  in question may continue to be produced, packaged, lab elled and 
presented for sale  (marketed)  under  the previous specification for a period not exceeding twelve (12) 
months  following the publication of a Notice of such amendment in the Gov ernment Gazette.  
 
Auditing of groups and trade control of registered geographical indications   
 
19.        (1)         (a)  All members of a group using a registered South African GI shall be subject to 
audits by the qualified South African auditor nomina ted under  regulation 4( 4)(a) to 
establish compliance with the critical elements of control (i.e. minimum product 
specifications and any other information deemed nec essary) submitted in terms of 
regulation 4(4)(b).  
 
(b) The a udits referred to in paragraph (a), shall be conduc ted --  
 
(i) at least on a biannual basis , or in accordance with the frequency as 
mutually agreed between the Executive Officer and the  group for which 
the GI was registered ; and  
 
(ii) at the expense of each member of the group for whic h the GI was 
registered . 
 
(c) The nominated qualified South African auditor shall, within a period not exceeding 
thirty (30) days of completing an audit, submit a fi nal report of its findings in writing 
to the  Executive Officer  and the group  for which the GI was registered . 
 
(d) If during an audit it is found that a member of the group does not meet  the product 
specifications registered for the GI concerned, the member shall -- 
 
 (i) cease using the registered GI on the particular agr icultural product;  
 
(ii) introduce the remedial measures necessary to ensure compliance with the 
registered  product specifications; and  
 
(iii) be subject to a follow -up audit by the nominated qualified South African 
auditor to confirm compliance before being allowed to  use the registered 
GI again.  
    
(e) The Assignees designated for the agricultural product (s) concerned may, either at 
their own discretion  or on request of the Executive Officer , visit members of the 
group and/or the qualified South African auditor  nominated by such group  from 
time-to-time t o confirm that the registered product specifications ar e complied with 
and audits are conducted as intended in paragraph (b) above.    
 
 (2) In the case of registered foreign  GIs, excluding registered foreign GIs that form part of 
international  agreements , the Executive Officer shall accept audits carried o ut by the certifying body 
nominated under  regulation 5(2)(c).  
 
 (3) Assignees shall during the course of exercising the ir mandate in the trade for the 
agricultural product(s) they were designated  – 
 
(a) ensure that all registered South African GIs and foreign GIs, including registered 
foreign GIs that form part of international agreement s, enjoys the scope of 
protection as set out in regulation  3(1) and (2) ; and  
 
(b) take the appropriate action against any transgressio ns found  as permitted for 
under the Act .  
 
 
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Updating of related regulations  under the Act  
 
20.  As and when it becomes necessary , the Department shall ensure that the applicable  product 
specific regulations published under the Act are rev ised to accommodate the GIs registered in terms of 
these regulations . 
 
Offences and penalties  
 
21. Any person who contravenes or fails to comply with the provisions of these regulations shall be 
guilty of an offence , and upon conviction be liable to a fine not exceedi ng the amount prescribed under the 
Adjustment of Fines Act, 1991 (Act No. 101 of 1991) , or to imprisonment for a period not exceeding the 
time set out in section 11(2) of the Act , or to both such fine and imprisonment . 
 
 
This gazette is also available free online at www.gpwonline.co.za26  No. 42324 GOVERNMENT GAZETTE, 22 MARCH 2019
South African Revenue Service/ Suid-Afrikaanse Inkomstediens
SOUTH AFRICAN REVENUE SERVICE
NO. R. 448   22 MARCH 2019
R. 448 Customs and Excise Act, 1964: Imposition of Provisional Payment (PP/152)  42324
CUST OMS AND EX CISE ACT, 1964.
IMPOSITION OF PROVISIONAL PAYMENT (PP/152) 
In terms of section 57Aof the Cust oms and Excise Act, 1964, a provisional payment in relation to anti -dumping duty is imposed up to and including 22 September 2019 ,to the extent and on the goods set 
out in the Schedule hereto.
M KINGON
ACTIN GCOMMISSIONER FOR THE SOUTH AFRICAN REVENU E SERVICE
SCHEDULE
By the insertion of the following:
Subheading  Description  Provisional payment  Imported from or originating in  
7005.29.17 Of a thickness exceeding 2,5 mm but not exceeding 3 mm (excluding solar glass and optical gla ss) 23,9% Saudi Arabia
7005.29.17 Of a thickness exceeding 2,5 mm but not exceeding 3 mm (excluding solar glass and optical glass) 38,1% UAE
7005.29.23 Of a thickness exceeding 3 mm but not exceeding 4 mm (excluding solar glass and optical glass) 23,9% Saudi Arabia
7005.29.23 Of a thickness exceeding 3 mm but not exceeding 4 mm (excluding solar glass and optical glass) 38,1% UAE
7005.29.25 Of a thickness exceeding 4 mm but not exceeding 5 mm (excluding solar glass and optical gl ass) 23,9% Saudi Arabia
7005.29.25 Of a thickness exceeding 4 mm but not exceeding 5 mm (excluding solar glass and optical glass) 38,1% UAE
7005.29.35 Of a thickness exceeding 5 mm but not exceeding 6 mm (excluding solar glass and optical glass) 23,9% Saudi Arabia
7005.29.35 Of a thickness exceeding 5 mm but not exceeding 6 mm (excluding solar glass and optical glass) 38,1% UAE