In a Government Gazette dated 17 April 2014 titled “Continuation of Statutory Measure: Records and Returns by Abattoirs and Exporters of Live Pigs” the Minister of Agriculture, Forestry and Fisheries acting under the Marketing of Agricultural Products Act, 1996 established the statutory measure contained in a Schedule.
SCHEDULE
1. Definitions
In this schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context indicates otherwise - "abattoir" means a slaughter facility as defined in section 1 of the Meat Safety Act, 2000 (Act No. 40 of 2000), save for those facilities that have been excluded by the levy administrator after application to the levy administrator as provided for in the registration notice; "levy administrator" means the South African Pork Producers' Organisation, the juristic person entrusted with the implementation, administration and enforcement of the statutory measure established under this regulation; and "the Act" means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996).
2. Purpose and aim of statutory measure and the relation thereof to objectives of the Act
The purpose and aim of this statutory measure is to compel abattoirs and exporters of live pigs to render records and returns to the levy administrator. This is necessary to ensure that continuous, timeous and accurate information relating to pigs slaughtered and marketed or live pigs exported is available to all role players. Market information is deemed essential for all role-players in order for them to make informed decisions. By prescribing the keeping of records with the rendering of returns on an individual basis, market information for the whole of the industry can be processed and disseminated. The establishment of the statutory measure should assist in promoting the efficiency of the marketing of meat. The viability of the pork industry should thus be enhanced.
The measure is not detrimental to any of the objectives of the Act and, in particular, shall not be detrimental to the number of employment opportunities or fair labour practice in the pork industry.
Confidential information of any person subject to this statutory measure obtained by the levy administrator through the implementation, administration and enforcement of this statutory measure shall be dealt with in accordance with section 23(2) of the Act. The measure shall be administered by the levy administrator who appointed the Red Meat Levy Admin (Pty) Ltd to assist them with the administration of the statutory measure. The latter shall act in terms of the mandate and on behalf of the South African Pork Producers' Organisation.
3. Products to which the statutory measure applies
This statutory measure shall apply to - a) pigs slaughtered by abattoirs for commercial use other than for own consumption; and b) pigs exported live.
4. Area in which statutory measure shall apply
This statutory measure shall apply within the geographical area of the Republic of South Africa.
5. Records to be kept, returns to be rendered and the enforcement thereof
(1) Abattoirs slaughtering pigs for commercial use other than for consumption and exporters of live pigs, shall keep such records and render the returns as may be required by the levy administrator. (2) The records referred to in sub-clause (1) shall - (3)a) be recorded on a computer or with ink in a book;
b) be kept at the registered premises of the person required to keep such records for a period of at least three years. The returns referred to in sub-clause (1) shall be rendered on a form obtainable free of charge for this purpose from the levy administrator, and shall - (a) be submitted, when forwarded by post, to The Levy Administrator, P 0 Box 36802, MENLO PARK, 0102. (b) when sent by telefax, be addressed to - 012 361 6004. (4) The implementation, administration and enforcement of the statutory measure established in these Regulations are entrusted to the levy administrator in terms of section 14 of the Act.
6. Commencement and period of validity
This statutory measure shall come into operation on the date of publication and will expire three years later.