Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996)Notices2026 NoticesEstablishment of Statutory Measure regarding records and returns in respect of Milk and other Diary ProductsSchedule |
| 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 persons listed under 3, shall keep records of the following: |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk bought per month; |
| - | The quantity (in kg) of raw milk (unprocessed) cow’s milk produced per month; |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk sold per month to consumers and retailers; |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk (in kg) sold per month outside the jurisdiction of the Republic of South Africa or moved per month outside the jurisdiction of the Republic of South Africa; |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk used per month for the production of unsweetened, unflavoured long-life milk (UHT milk) including unsweetened, unflavoured sterilised milk; |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk used for the production of unsweetened and unflavoured fresh milk (pasteurised and ultra-pasteurised milk); |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk used per month to produce sweetened and/or flavoured, and/or coloured milk; |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk used per month to manufacture fermented products namely maas, yoghurt, kephir and buttermilk; |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk used per month to manufacture full cream milk powder; |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk used per month to manufacture cheese other than cottage and cream cheese; |
| - | The quantity (in kg) of whey powder manufactured per month; |
| - | The quantity (in kg) of butter manufactured per month; |
| - | The quantity (in kg) of goat’s milk sold per month to consumers and retailers; |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk used per month to manufacture skimmed milk powder; |
| - | The quantity (in kg) of goat’s milk used per month to manufacture other products; |
| - | The quantity (in kg) of sheep’s milk sold per month to consumers and retailers; |
| - | The quantity (in kg) sheep’s milk used per month to manufacture other products; and |
| - | The quantity (in kg) of raw (unprocessed) cow’s milk sold to persons registered in terms of Section 3 and the contact details of such persons. |
| 3. | The records described under 2, shall be kept by the persons described in 3(a), 3(b) and 3(c) for a minimum of five years and such records shall be made available to inspectors appointed by the Minister upon request of the inspectors; |
| (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 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 |
| (c) | Persons who sell raw (unprocessed) milk to retailers. |
| 4. | Each of the persons described under 3, shall within 15 days of the end of each month furnish a return form, as prescribed by Milk SA and containing information regarding the records described under 2 to Milk SA. |
| 5. | The returns described under 4 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: |
| 6. | The statutory measure described in this schedule shall— |
| (a) | apply within the geographic area of the Republic of South Africa. |
| 7. | 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.
| 8. | 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.
| 9. | Should it become necessary for Milk SA to institute any legal proceedings against persons (described in 3 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. |
| 10. | 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. |