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

8. Objection to the registration of the management control system
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(1) Any applicant asserting a legitimate interest in the management control system may, within the period allowed for under regulation 7(2), give written notice of an objection to the registration on any of the following grounds:
(a)The proposed application does not meet the definition of 'management control system' in regulation 1.
(b) The proposed minimum protocols are inadequate or impractical for the defined management control system area concerned.
(c) The proposed name would conflict with a trademark, 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 or any other supporting evidence.

 

(3)The Executive Officer shall—
(a)upon receipt of the objection, inform the applicant 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 applicant 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, allow both the applicant who applied and the objector to be heard.

 

(4) If deemed necessary, the Executive Officer may consult persons with specialized knowledge and experience about any matter relating to the objection received to the registration of the management control system.

 

(5) The Executive Officer shall, after considering all information, counter-statements , arguments, and any other relevant information presented to him or her, decide within a period not exceeding thirty (30) days whether to reject or register the management control system.