Legislation
The Act and the Rules
The Agricultural Produce Agents Council was established by Section 2 of the Agricultural Produce Agents Act (Act 12 of 1992), as amended by the Agricultural Produce Agents Amendment Act, No. 47 of 2003.
The Rules in respect of Fresh Produe Agents, Export Agents and Livestock Agents are issued in terms of Section 10 of the Agricultural Produce Agents Act, Act 12 of 1992.
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Rule amendments (Fresh Produce, Export and Livestock Agents)
Fresh Produce Agent Rules Amendments
Rule amendments were drafted and submitted for comment by industry stakeholders by 20 May 2016. Depending on the comments that we receive, further amendments will be made, after which a meeting will be held to discuss the draft Rules.
We are also waiting for the Competition Commission to begin investigating whether certain market transactions (such as product reservation, late sales, secondary trading, etc.) should be incorporated in the amended Rules.
Livestock Agent Rules Amendments
Proposed amendments to the Rules were concluded and submitted for consideration to the Department of Agriculture, Forestry and Fisheries on 27 January 2016.
Export Agent Rules Amendments
During the past years APAC has observed the need to more effectively regulate export agents. This need is mostly observed as a result of farmers’ complaints that APAC receives, but are unable to properly investigate and initiate disciplinary action where needed. The amendments were drafted within the limitation of the current Act and unfortunately still provides a limited scope for disciplinary action, however it will contribute and enhance the professionalism and ethical trading
An inclusive proses was followed to identify recommended changes to the Rules and various meetings was held with the representing body for Export Agents, namely the Fresh Produce Exporters Forum (FPEF), as well as with various Export Agents. On 25 April 2016 the amended Rules will also published in the Government Gazette as well as the APAC website, in order to invite further public comments. Once the aforementioned process has been completed, the proposed amended Rules will be submitted to the Department for consideration and Gazetting.