In an email on 13 December 2021, DALRRD requested the inputs of affected stakeholders on the document Draft DALRRD SOP: Risk Profiling of FBO of regulated grains, oilseeds, and grain products for the purpose of inspection by the designated assignees. The due date for receiving inputs is 31 January 2022. Dr. Mutengwe is the Acting Deputy Director: Food Safety and Quality Assurance in the Directorate: Food Safety and Quality Assurance at the Department of Agriculture, Land Reform, and Rural Development who drafted the SOP. Affected stakeholders in the handling and storage sector are required to submit their comments on the draft SOP to Agbiz Grain at Annelien@agbizgrain.co.za by Tuesday 25 January 2022. The draft DALRRD Standard Operating Procedure can be accessed at https://www.agbizgrain.co.za/content/resources?page=ag-news
STANDARD OPERATING PROCEDURE
(SOP): RISK-PROFILING OF FOOD
BUSINESS OPERATORS OF REGULATED
GRAINS, OILSEEDS AND GRAIN
PRODUCTS FOR THE PURPOSE OF
INSPECTION BY THE DESIGNATED
1.1 To ensure compliance of grains, oilseeds and grain products intended for sale in the Republic of South Africa to applicable local/import regulations in terms of the Agricultural Product Standards Act No. 119 of 1990 (APS Act).
1.2 To outline how the inspections of grains, oilseeds and grain products shall be carried out by the assignee, Leaf Services, in accordance with the risk profile of each Food Business Operator (FBO) following the first (1st) year of risk profiling.
The standard operating procedure (SOP) is applicable to all premises or conveyance upon which grains, oilseeds and grain products are produced, processed, treated, prepared, classified, packed, marked, kept, exhibited for sale as well as all importers of these products.
3.1 APS ACT: Agricultural Product Standards Act No. 119 of 1990.
of Agriculture, Forestry and Fisheries Land
Reform and Rural Development
3.3 FBO: Food Business Operator
3.4 GAFTA: Grain and Feed Trade Association
3.5 SOP: Standard Operating Procedure
In this SOP, unless the context otherwise indicates—
4.1 "assignee" means a person, undertaking, body, institution, association or board designated as such under section 2(3) of the APS Act;
4.2 "database" means a written document which has records of the profiles of Food Business Operators in accordance with, their trading or business name(s), location (physical address), contact (person) details, number of regulated products handled and/or processed, volumes, date of previous inspection visits, incidence of non-conformances, and which is kept by the designated assignee in terms of section 9 of the APS Act;
4.3 "dispensation" means a temporary permission or waiver granted by the Executive Officer: Agricultural Product Standards to the product owner, seller, importer or processor thereof to deviate from the applicable prescribed grading, packing and marking regulations;
4.4 "Executive Officer" means the officer designated under section 2(1) of the Agricultural Product Standards Act No. 119 of 1990;
4.5 "Food Business Operator" or "Inspection point" means all, premises or conveyance upon which grains, oilseeds and grain products are produced, processed, treated, prepared, classified, packed, marked, kept, exhibited for sale (Food Business Operator shall have a corresponding meaning as Inspection point);
4.6 "grains and oilseeds" means the following type of grains and oilseeds which are intended for sale in the Republic of South Africa:
e) Soya beans
f) Sunflower seeds
h) Malting Barley
j) Dry Beans
k) Other regulated grains;
4.7 "grain products" means products derived from the processing of either wheat or maize as defined in respective regulations namely –
a) Wheat products; and
b) Maize products.
4.8 "the product" means raw grains, grain products and oilseeds for which the Minister has prescribed local/import grading, packing and marking regulations in terms of section 15 of the APS Act.
5.1 Agricultural Product Standards Act No. 119 of 1990.
5.2 Regulations relating to the grading, marking and packing of the Grains, Oilseeds and Grain products intended for sale in the Republic of South Africa, with respect to –
a) Canola, Dry Beans, Groundnuts, Maize, Malting Barley, Rice, Sorghum, Soya Beans, Sunflower seeds, Wheat (Bread wheat, Soft wheat, and Durum wheat) and other regulated grains;
b) Wheat products and Maize products.
5.3 Regulations regarding Inspections and Appeals: Local, Notice No. 1260 of 27 September 2019.
5.4 Prohibition Regarding the Removal of Imported Regulated Agricultural Products Intended for sale in the Republic of South Africa from the Prescribed Ports of entry. Notice No. 1269 of 4 October 2019.
6.1 Identification of all FBO's including but not limited to handling and trading grains, oilseeds and grain products to be inspected.
6.2 Develop and maintain a complete database of the identified FBOs.
6.3 Identification of inspection points within the identified FBOs.
Requisite inspection activities
shall be rolled out at all points of inspection during the first year of
commencement. The initial (base) frequency of inspection shall be recommended
by the assignee, and such frequency shall be consulted
agreed with the affected industry stakeholders
before the final confirmation of such.
6.5 The inspections shall be undertaken in accordance with the applicable Regulations for grains, oilseeds and grain products.
6.6 During the initial inspection period (first year of commencement), a database of inspection findings shall be compiled and maintained for each inspected FBO with view to profiling the risk inherent in such an FBO.
6.7 Risk profiling shall be determined by considering, principally, the rate or level of non-compliance with the applicable regulation, especially grading parameters.
6.8 The assignee shall utilize the compliance data of each FBO site to establish a risk profile.
6.9 Each FBO site shall then be profiled as either High, Medium or Low risk. The following constitute the categorization of FBOs:
a) The FBO that recorded incidence of non-conformities (non-compliances) not exceeding one (1) per all inspections conducted per the first year shall be categorized as Low risk (L).
b) The FBO that recorded incidence of non-conformities (non-compliances) not exceeding three (3) per all inspections conducted per the first year shall be categorized as Medium risk (M).
The FBO that recorded incidence
of non-conformities (non-compliances)
three (3) per all inspections conducted per the first year shall be categorized
as High risk (H).
6.10 The frequency of inspection for each inspected and categorized FBO shall be determined and varied as follows:
a) For Low risk FBO, the frequency of inspection shall remain unchanged from the initially determined frequency during the first year of commencement or after the profiling of an FBO, whichever the case may be.
b) For Medium risk FBO, the frequency of inspection shall be increased by 25% per year from the initially determined frequency during the first year of commencement or after the profiling of an FBO by the assignee, whichever the case may be.
c) For High risk FBO, the frequency of inspection shall be increased by 50% from the initially determined frequency for the first year. In circumstances where annual non-conformance is in a range of 6 to 10, the frequency of inspection shall be increased by 75% from the initially determined frequencies of inspection. Furthermore, in circumstances where the noncompliance rate is exceeding 11, the frequency of inspection shall be increased by 100 % from the initially determined frequencies of inspection.
6.11 Once the profiling of an FBO is concluded
the information thereof shall be communicated to the concerned FBO and the
of Agriculture, Forestry and Fisheries (DAFF) DALRRD
6.12 This undertaking of
inspection as set out herein shall be carried-out with full consideration of
agreed upon service level
agreement also referred to as Directive in terms of section 2(3) (b) and (c) of
the APS Act.
Notwithstanding the above, an FBO that has already been categorized as low risk or
medium risk may be re-categorized (switched) depending on the number of non-conformances obtained during the year of inspection. In other words, should an FBO relapse after having been profiled favourably as either low or medium risk, the assignee shall have the right to switch the profile according to the number of non-conformances obtained.
In all circumstances, a direction as set out in section 3A (2) (b) of the APS Act shall be issued by the assignee in the event that non-compliances with the regulations are
found. The direction will afford the owner an opportunity within which the identified non-conformances are remediated, and accordingly a reasonable period of time as set out in the direction shall be given to an FBO to effect corrective actions.
event that an FBO's interests are affected by any decision or direction of an assignee,
the FBO shall appeal to the Director-General of the Department of Agriculture,
and Fisheries Land Reform and Rural Development in
terms of section 10 of the Agricultural Product Standards Act No. 119 of 1990.
In other words, where there is a dispute in terms of the application and
interpretation of the applicable Regulations, the Director-General shall constitute
an appeal Board in order to settle the dispute. It may happen that the Director-General
constitutes an appeal Board from a list of names of experts provided for by the
relevant industry body or association.
Notwithstanding the above, the regulations shall be fully applied and the necessary
penalties shall be administered during the inspection of grains, oilseeds and grain
products. In other words, where circumstances dictate, the product inspected may be
downgraded or prohibited from being sold.
11.1 The risk profiling shall not apply to imported raw grains, and the following conditions shall be applicable to imported raw grains that shall have been brought into the country by the same buyer or buyers.
11.2 Where raw grains are imported under the provision of Grain and Feed Trade Association (GAFTA) contracts, the importer shall remain the buyer of the product in the exporting country as well as the processor of the product in the Republic of South Africa.
11.3 Such a product, once bought from the exporting country, shall not be sold in its raw form in the Republic of South Africa, except for processing purposes only.
11.4 The products so brought or imported into the country shall be deemed to have complied with the definition of "exchange" as it relates to the definition of "Sell" as captured in the principal legislation, namely the APS Act.
11.5 Such product shall be inspected against the provision of the local regulations upon arrival at the port of entry. The accompanying importing documents shall be used to authenticate the ownership of such consignment/s.
11.6 Such documentation shall indicate the final destination or place where the product will be processed in the Republic of South Africa.
11.7 The authentication of the documentation shall be carried-out periodically, at least randomly, three (3) times a year.
is subject to review jointly by the DALRRD,
the Assignee of DALRRD,
the members of the Grains, Oilseeds and Grain Products industries as well
as the respective relevant commodity Forums. In this context grains, oilseed
and grain products means all the raw grains, oilseeds and processed grain
products which are regulated in terms of the APS Act.
EXECUTIVE OFFICER: Date:
AGRICULTURAL PRODUCT STANDARDS
Doc No / Amendment Record:
B.M. Makhafola /M Mosome
22 September 2017
M.T Mutengwe/V.T Mapfumari
… / … / 2021
the Standard Operating Procedure will be distributed to all parties by the
office of the Executive Officer: Agricultural Product Standards upon request. Alternatively,
it will be available on the D
intranet and website Page www.daff.gov.za. www.Dalrrd.gov.za.