In a Government Gazette dated 17 April 2014 titled “Continuation of Statutory Measure: Registration 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.
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 these regulations; "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 aims of the statutory measures and the relation thereof to objectives of the Act
The purpose and aims of this statutory measure are to compel abattoirs slaughtering pigs and exporters of live pigs to register with the levy administrator. This is necessary to ensure that continuous, timeous and accurate market information relating to pigs slaughtered, marketed and 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. The establishment of the statutory measure should assist in promoting the efficiency of the marketing of pork. 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 registration of the identified role-players. The latter shall act in terms of the mandate and on behalf of the South African Pork Producers Organisation.
3. Product to which the statutory measure shall apply
This statutory measure shall apply to - a) pigs slaughtered by abattoirs for commercial use other than 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. Registration and enforcement
(1) Any abattoir slaughtering pigs for commercial use other than for own consumption and exporters of live pigs shall on an annual basis register and re-register with the levy administrator. (2) Registration shall be done immediately upon receipt of a registration form obtainable free of charge for this purpose from the levy administrator, and shall - a) be submitted, when forwarded by mail, to The Levy Administrator, PO Box 36802, MENLO PARK, 0102. b) When sent by telefax, be addressed to 012 361 6004. (3) Any abattoir as defined in the levy notice may apply to the levy administrator for exemption from the provisions of clause 5(1) and 5(2) of these regulations on the grounds that it is a welfare organisation as defined in terms of section 1 of the Value Added Tax Act, 1998 (Act no 89 of 1998). (4) The implementation, administration and enforcement of the statutory measure established in terms of 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.