Trade Measures and Regulations

If a foodstuff, cosmetic, or disinfectant in a sealed package does not comply with the Ordinance, the person identified on the label as the importer, manufacturer, or packer is presumed responsible. They can be convicted unless they prove:

1. They did not import, manufacture, or pack the article.
2. The non-compliance occurred due to decay or changes beyond their control after the article left their possession.

However, this presumption does not absolve them from liability for selling the non-compliant article.

Goods listed in the schedules of this Act are subject to an export levy at specified rates, and the Minister has the authority to amend these schedules, including adding or removing goods, changing levy rates, or introducing new schedules.

General conditions for wholesale licenses include:

1. Compliance: Adhere to the Act, Regulations, and other applicable laws related to labor, safety, hazardous substances, security, health, and environment.
2. Bulk Sales: Sell fuel only in bulk quantities.
3. Sales Restrictions: Fuel sales to entities other than specified ones must follow regulation 8 and only occur at the wholesaler's dispensing point.
4. Approvals and Permits: Obtain all necessary import, export, and wholesale approvals and permits.
5. Record-Keeping: Maintain and submit required records and information to the Minister.
6. Specifications: Ensure petroleum products meet approved specifications.
7. Storage Facilities: Abandon storage facilities only as per Regulations.
8. Duties and Taxes: Pay all applicable duties, levies, and taxes.
9. Facility Changes: Notify the Minister of any changes to storage facilities before making them.
10. Dangerous Situations: Report any dangerous situations and corrective actions to the Minister.
11. Spill Regulations: Follow Regulations related to petroleum product spills.

The Minister may impose additional special conditions on a wholesale license.

Forest Regulation: Forest Act No. 12 of 2001

For export levy purposes, the value of goods is their "free on board" price, which includes all costs up to the point of export, and if no such price exists, the customs authority will determine the value.

Export of trophies are subject to a valid trophy hunting permit.

Every holder of a permit or license for the manufacturing, packing, selling, importing, or exporting of Schedule 3 or Schedule 4 substances is required to maintain a detailed record for each substance. This record must include information about every import, export, manufacture, packing, and sale of these substances. Specifically, for imports and exports, the record must include the permit or license number associated with the relevant import or export activities.

Decisions or documents from the customs authority can be delivered by hand, registered post, telefax, or electronically. Exporters must keep records for five years, and failure to do so or pay levies can result in fines, interest, and penalties.

Certain telecommunications equipment listed in Annexure B are exempt from type approval and must be recorded in a register published by the Authority. The Authority can also publish a list of prohibited telecommunications equipment, which cannot be imported, sold, or connected, and may restrict the importation of equipment that poses risks or interference.

At the port of entry, the Border Control Inspector checks all documents to ensure that consignments of controlled products meet import permit conditions and regulations. If the consignment is cleared, it can proceed, but if it's rejected, it will be detained until the issues are resolved. After inland inspection, if the product meets requirements, it will be approved for further processing or distribution; otherwise, a rejection report is issued, and the importer must submit and execute a disposal plan within a set timeframe.