Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)1. Definitions |
In this Act, unless the context otherwise indicates—
in relation to a product, means any written, illustrated, visual or other descriptive matter or oral statement, communication, representation or reference which is distributed among members of the public or otherwise brought to their notice, and which is or purports to be intended to promote the sale of a product or to encourage the use thereof or otherwise to draw attention thereto; and "advertise" has a corresponding meaning;
means an appeal board appointed in terms of section 10(1);
means a person, undertaking, body, institution, association or board designated as such under section 2(3);
means an examination of the management control system in order to determine whether activities and related results comply with the claims associated with the product;
[Definition inserted by section 1(a) of the Agricultural Product Standards Amendment Act 12 of 2023, Notice No. 4594, GG50427, dated 3 April 2024 – effective 22 August 2025 per Proclamation 279, GG53210, dated 22 August 2025]
in relation to a product, means a class of that product determined according to the size, mass, measure, number, measurements, colour, appearance, purity, or chemical, physical or micro-biological composition, or another feature or characteristic, of the product concerned, or a unit or quantity thereof;
means any aircraft, ship, boat, train, motor car, van, truck, cart or other vehicle or mode of transport of whatever kind, including the fittings and equipment;
[Definition inserted by section 1(a) of Act No. 63 of 1998]
means the Department of Agriculture, Land Reform and Rural Development;
[Definition substituted by section 1(b) of the Agricultural Product Standards Amendment Act 12 of 2023, Notice No. 4594, GG50427, dated 3 April 2024 – effective 22 August 2025 per Proclamation 279, GG53210, dated 22 August 2025]
means the Director-General of the department;
[Definition substituted by section 1(c) of the Agricultural Product Standards Amendment Act 12 of 2023, Notice No. 4594, GG50427, dated 3 April 2024 – effective 22 August 2025 per Proclamation 279, GG53210, dated 22 August 2025]
means a distinctive mark prescribed under section 5(1);
means the officer designated under section 2(1);
means export from the Republic by any means and for any purpose, and when used as a noun it shall have a corresponding meaning;
means to bring into the Republic by any means and for any purpose and when used as a noun it shall have a corresponding meaning;
[Definition inserted by section 1(b) of Act No. 63 of 1998]
means the prescribed method of production which may be claimed through the use of a name, word, expression, reference, particulars or indication in any manner, either by itself or in conjunction with any other verbal, written, printed, illustrated or visual material;
[Definition substituted by section 1(d) of the Agricultural Product Standards Amendment Act 12 of 2023, Notice No. 4594, GG50427, dated 3 April 2024 – effective 22 August 2025 per Proclamation 279, GG53210, dated 22 August 2025]
means the Cabinet member responsible for agriculture;
[Definition substituted by section 1(e) of the Agricultural Product Standards Amendment Act 12 of 2023, Notice No. 4594, GG50427, dated 3 April 2024 – effective 22 August 2025 per Proclamation 279, GG53210, dated 22 August 2025]
means an officer as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and includes an employee as defined in section 1 of that Act;
[Definition substituted by section 1(c) of Act No. 63 of 1998]
means prescribed by regulation;
means—
| (a) | any commodity of vegetable or animal origin, or produced from a substance of vegetable or animal origin, and which consists wholly or partially of such substance; and |
| (b) | any other commodity which in general appearance, presentation and intended use corresponds to a commodity referred to in paragraph (a); |
means a regulation made under section 15;
includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale, or to exchange or to dispose of to any person in any way for a consideration and ‘sold’, ‘selling’ and ‘sale’ have a corresponding meaning;
[Definition substituted by section 1(f) of the Agricultural Product Standards Amendment Act 12 of 2023, Notice No. 4594, GG50427, dated 3 April 2024 – effective 22 August 2025 per Proclamation 279, GG53210, dated 22 August 2025]
includes the regulations.