Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

Regulations

2026 Regulations

Regulations relating to the Management Control System in respect of the Sale and Export of certain Agricultural Products - effective September 2026

4. Application for registration of a management control system

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(1) An application for registration of a management control system shall be submitted electronically to the Executive Officer at least in English by an applicant: Provided that an application for registration shall not be considered in instances where the proposed management control system—
(a)is identical to an existing claim for the same method of production associated with an agricultural product or a group of agricultural products.
(b)falsely communicates to the consumer that the agricultural product concerned is produced according to a management control system although its quality, reputation, or other characteristic is attributable to another method of production.
(c)is not supported by underlying protocols.
(d)is identical to a customary name of a plant variety or animal breed and is likely to mislead the consumer as to the true claim of a method of production.
(e)is wholly or partially homonymous with an existing claim and is likely to mislead consumers : Provided that the Executive Officer may consider the registration of a homonymous name as a claim by taking into account the need to ensure—
(i)the equitable treatment of the applicant of the management control system associated with an agricultural product(s) concerned to which the claim relates;
(ii)that there is a clear distinction between the use of the homonymous name registered subsequently and the use of the name already entered in the Register; and
(iii)that  consumers  are  not  misled about  the  true  claim for  a method of production of the agricultural product concerned;
(f) is identical or similar to the name of a trademark used in the Republic of South Africa on the same or similar agricultural product(s): Provided that the Executive Officer may register a claim that is identical or similar to a trademark if—
(i)the owner of the trademark has consented to its registration as a claim; or
(ii)he or she has considered that the proposed claim may co-exist with the trademark, taking into account at least the following factors:
(aa) the proposed claim history of use in good faith in the Republic of South Africa; and
(bb) the legitimate interests of the owner of the trademark and third parties;
(iii)notwithstanding provisions of subparagraph (i) and (ii) the use of a trademark identical or similar to the management control system shall comply with the protocols under the said management control system.

 

(2)An application referred to  in sub-regulation  (1) shall at least  include the information specified below:
(a)The following information regarding the applicant:
(i) name of the applicant and contact details (i.e. physical address, e-mail address, and cellular phone/telephone number).
(ii)details about the applicant's business interests.
(b) The proposed management control system to be registered shall be in English.
(c)Proof that the proposed management control system and incidental claim/s thereof—
(i)is distinctively associated with a method of production;
(ii)does not correspond with the customary name of a plant variety or an animal breed that is likely to mislead the consumer as to the true claim for a method of production associated with the sale and/or export of certain agricultural products; and
(iii)subject to regulation 4(1)(f), the claim is not identical or similar to the name of a trademark used in the Republic of South Africa on the same or similar agricultural products.
(d)The following specifications regarding the agricultural product:
(i)The type of agricultural product.
(ii)A description of the agricultural product's main physical, chemical, microbiological, and organoleptic (where applicable) characteristics: Provided that existing quality or compositional requirements prescribed in the regulations published under the Act for the agricultural product concerned shall be always taken into consideration.
(iii)A detailed description of a protocol associated with a management control system.
(iv)Proof that the agricultural product is produced according to protocol associated with a management control system which shall include the history of the product and its traceability.
(e)A definition of a management control system concerned .

 

(3)An application referred to in sub-regulation (1) may in addition also include the following information:
(a)Specific elements about the labelling or rules regarding the use of the claim of the proposed method of production: Provided that the existing labeling requirements and restrictions  prescribed in the regulations published under the Act for the agricultural product concerned shall still be complied with.
(b)Specific elements of the packaging, where the applicant can justify that the packaging is necessary to ensure product quality and guarantee traceability or control.
(c)A description of production, processing, and handling practices.
(d)A description of cleaning, disinfection, and sanitizing practices.
(e)A detailed list of prohibited substances and or practices.

 

(4)The applicant for a management control system registration shall provide a summary of the critical elements that will be used by the assignee for the management control system concerned to verify compliance during auditing.