Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996)Notices2026 NoticesEstablishment of Statutory Measure for the Registration of Persons involved in the Secondary Dairy IndustrySchedule |
| 1. | Definitions |
In this schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning, unless the context otherwise indicates—
means the end users of milk;
means a person that produces milk by the milking of cows, goats or sheep;
means persons that sell milk directly to consumers; and
means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), as amended
| 2. | The following persons shall register with Milk SA: |
| (a) | Persons who buy raw (unprocessed) milk for the purpose of processing it or to use it to manufacture other products, or to sell it to persons located outside the jurisdiction of the Republic of South Africa, or to move it outside the jurisdiction of the Republic of South Africa; |
| (b) | Persons who import milk and other dairy products classifiable under customs tariff headings 04.01, 04.02, 04.03, 04.04, 04.05 and 04.06; |
| (c) | Persons who are milk producers and who process the raw (unprocessed) milk produced by them, or use it to manufacture other products, or who sell it to consumers, or who sell it to persons located outside the jurisdiction of the Republic of South Africa, or who move it outside the jurisdiction of the Republic of South Africa; and |
| (d) | Persons who sell raw (unprocessed) milk to retailers. |
| 3. | A person who should, in terms of 2 register with Milk SA and who did not register with Milk SA before the date of commencement of these statutory measures, shall submit an application for registration to Milk SA within 30 days from the date of commencement of this statutory measure and persons who become subject to registration after the date of commencement of this statutory measure shall register with Milk SA within 30 days after becoming subject to the registration. |
| 4. | Application for registration shall be in the format as prescribed by Milk SA and shall contain the following details: |
| - | Name |
| - | Legal status and relevant registration number and, in the case of a natural person, the identification number of the person; |
| - | Electronic address; |
| - | Telephone number; |
| - | Physical address; |
| - | Name of contact person; and |
| - | E-mail address and identification number of the contact person. |
The nature of their involvement according to the following categories:
| - | persons who buy raw (unprocessed) milk for the purpose of processing it or to use it to manufacture other products, or to sell it to persons located outside the jurisdiction of the Republic of South Africa, or to move it outside the jurisdiction of the Republic of South Africa; |
| - | persons who import milk and other dairy products classifiable under customs tariff headings 04.01, 04.02, 04.03, 04.04, 04.05 and 04.06; |
| - | persons who are milk producers and who process the raw (unprocessed) milk produced by them, or use it to manufacture other products, or who sell it to consumers, or who sell it to persons located outside the jurisdiction of the Republic of South Africa, or who move it outside the jurisdiction of the Republic of South Africa; and |
| - | persons who sell raw (unprocessed) milk to retailers. |
| 5. | Persons registered with Milk SA must inform Milk SA of any change in respect of the information submitted as part of the registration to Milk SA within 30 days of the change. |
| 6. | Applications for registration with Milk SA shall— |
| (a) | when forwarded by post, be addressed to: |
Milk SA
PO Box 1961
Brooklyn Square
0075
| (b) | when delivered by hand, delivered to: |
Milk South Africa NPC
Brooklyn Court Building B
First Floor
361 Veale Street
Nieuw Muckleneuk
Brooklyn
Pretoria
0181
| (c) | when submitted electronically, be addressed to: |
| 7. | The statutory measure described in this schedule shall— |
| (a) | apply within the geographic area of the Republic of South Africa. |
| 8. | This levy shall come into operation on 1 July 2026 and will lapse after a period of four and a half years. The lapsing of this statutory measure shall not— |
| (a) | affect the previous operation of the statutory measure so lapsed or anything duly done or suffered under the statutory measure so lapsed; or |
| (b) | affect any right, privilege, obligation or liability acquired, accrued or incurred under the statutory measure so lapsed; or |
| (c) | affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the statutory measure so lapsed; or |
| (d) | affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as acquired, accrued or incurred in terms of the statutory measure so lapsed, |
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the statutory measure had not lapsed.
| 9. | This statutory measure will advance more than one of the objectives of the Act. The information obtained through registration is important in respect of market access, efficiency of marketing and the viability of the industry and it will facilitate communication in the industry aimed at matters of common interest such as technical issues, food safety, product standards and other issues regarding the improvement of the viability of the industry. The requested statutory measure can in no way impact negatively on any of the objectives set out in Section 2(2) and Section 2(3) of the Act. |
| 10. | Should it become necessary for Milk SA to institute any legal proceedings against persons (described in 2 above) who fail to register with Milk SA, Milk SA shall be entitled to recover all legal costs on an attorney and client scale from such person. |
| 11. | Confidential information of any person subject to this statutory measure, obtained by Milk SA through the implementation, administration, and enforcement of this statutory measure, shall be dealt with by Milk SA in accordance with section 23 (2) of the Act. |