Ensuring Effective Regulation

The deregulation of domestic agricultural markets and the liberalisation of international agricultural trade have increased, rather than diminished, the need for a framework of standards for the quality and safety of both inputs into crop and animal production and outputs from such production. Effective measures are needed to maintain such standards through, for example, the prevention and control of epidemic diseases and effective inspection and diagnostic services.

Regulatory services must:

• Ensure that South Africa's consumers of food have confidence in its safety and, where appropriate, its declared nutritional attributes.
• Promote an understanding and the implementation of internationally agreed sanitary and phytosanitary (SPS) measures. This will include protecting South African exporters from the unjustified use of such measures and other TBT which restrict access to export markets.
• Ensure that measures are in place which protects agricultural workers and their families from health risks arising from the handling and use of inputs, and producers from unnecessary risk in procuring requirements such as planting material, breeding stock and agro-chemicals.
• Protect farm animals from inhumane treatment.

In striving to achieve these objectives, the Government wishes to ensure that regulations are not used to erect unfair barriers to those who wish to enter into agricultural production and commerce, and do not, therefore, put limits on competitiveness. Wherever appropriate, the costs of regulation should be borne by those producers who benefit directly from such measures, and the Government will investigate the most cost-effective ways of implementing regulations.

Export Competitiveness and Sanitary and Phytosanitary (SPS) Measures

All countries maintain health and sanitary regulations for exports, imports and domestic products. An SPS measure is applied by a country to protect the life or health of people, animals and plants from risk arising from the entry, establishment or spread of pests, diseases, and disease-carrying or disease-causing organisms. This requires regulation, which includes laws, processing and packing regulations and labelling requirements.

The responsibility for setting food safety standards and enforcing them lies with the Department of Agriculture and other Government institutions, particularly the Department of Health. In carrying out these functions, the Government and/or its agents will adhere to scientifically justifiable measures, and SPSs will not be used as disguised trade restrictions.

As a general principle, SPSs will be enforced in accordance with the provisions of the SPS Agreement and other international conventions. (South Africa is a signatory to the following agreements: Codex Alimentarius Commission, International Plant Protection Convention, International Office of Epizootics and International Institute of Agricultural Co-operation.)The relevant international standards, guidelines and recommendations of the Codex Alimentarius will be used as quantitative benchmarks. The NDA will ensure strong participation from the agricultural sector (including legal and scientific contributions) in the body's international standard-setting activities.

The enforcement of SPS measures will be based on the assessment of risk. Inspection is required in order to establish the processes and production methods used as well as the scientific evidence and prevalence of specific diseases or pests. The inspection function is provided not only to enforce standards for domestically produced commodities destined for exports and local consumption but also to protect exporters against unfair standards set by importing countries.

National food safety legislation will:

• Consolidate current legislation on food control and administration pertaining to the production of food from plant and animal origin.
• Expand the role of veterinary services and plant and quality control to complement public health measures in consultation with the Department of Health and provincial counterparts.
• Empower the Department of Agriculture, in consultation with the Department of Health, the provinces, the private sector and NGOs, to set minimum SPS standards for food safety and trade-related requirements.
• Provide for a Food and Agricultural Commodities Inspection Agency (see above) which will monitor uniform compliance with sanitary control measures.
• Recognise the responsibility of the provinces to legislate and provide for the required VPH services, in accordance with the nationally established minimum norms and standards.
• Incorporate the Meat Safety Act previously enacted.
• Ensure that standards for abattoirs are not unduly stringent as long as they do not compromise public health.