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Fertilisers, Feeds and Remedies

The Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 19471 regulates the importation, sale and use of those things. There is quite a lot of them.

  • Agricultural remedy – any substance to control, repel, attract, destroy or prevent basically any undesired organism or plant when it comes to agriculture; or a substance which impacts upon plant growth.
  • Farm feed – anything intended or sold for feeding domestic animals or livestock, including a stock lick.2
  • Fertiliser – anything to improve or maintain the growth of plants, or the productivity of soil.
  • Stock remedy – any substance to be used in connection with any animals, fish, birds and poultry for:
    • disease, infection, etc.
    • maintaining or improving health or general condition;
    • maintaining or improving production;
    • maintaining or improving working capacity.

For convenience, these will be referred to as ‘agricultural products’.

A. Registration

  1. Agricultural products must be registered with the Registrar,3 who might impose conditions, or periods of validity. It is a criminal offence to disobey any such conditions.4

  2. It is against the law not to have the certificate of registration available for inspection, at any time, at the place of manufacture.5

  3. When the registration lapses, or is cancelled, the person to whom it was issued must return the certificate of registration to the Registrar, and commits an offence if he fails to do so.6

B. Sale and use of agriculture products

  1. It is an offence to sell any agricultural products unless it is registered, with its name or mark (i.e. brand).7

  2. If it is sold in a container, the container, must comply with various prescribed requirements. It must also be sealed and labelled, and packed in the prescribed manner, and mass or volume.8

  3. If it is not sold in a container an invoice must be supplied, which records various prescribed information about the product.9

  4. It is an offence commercially to use, or recommend the use of any remedy for a purpose other than is specified on its label.10

  5. It is an offence commercially to use an agricultural remedy if you are not registered as a pest-control operator (or are using it under the supervision of one).11

  6. The Registrar can order a pest-control operator to cease use of certain equipment, and it is an offence to ignore such an order.12

  7. Before any person applies an agricultural product, the owner of the land or thing can request to be notified of his name and registration number, as well as the purpose of and any precautions to be taken before or after the application. It is a criminal offence not to comply with this request.13

  8. The manufacture or sale of fertiliser or feed which contains animal matter is prohibited, unless such animal matter has been sterilised according to the prescribed requirements (or it was imported under a special permit).14

  9. It is an offence to import any agricultural product unless it is registered, complies with all its properties as listed in the application for registration, and is packed in a sealed container which is labelled as required by regulation.15

  10. The Registrar can ban outright, or impose conditions on the acquisition, sale or use of any agriculture product. It is a criminal offence to fail to comply.16

  11. It is an offence to obstruct the Registrar, or any technical adviser or analyst in the performance of his duties.17

C. Fraudulent conduct

  1. It is a punishable crime to:
    • fail to make a statement or give an explanation if requested by the Registrar;18
    • tamper with any sample taken for the Registrar;19
    • make use of any certificate or document issued for a certain product on another product;20
    • make use of an invalid certificate or document;21
    • give any false or misleading statement in connection with an agricultural product; and22
    • sell any product which is not in accordance with its description.23
  2. It is an offence to disclose any information acquired in the exercise of any duty or function under the Act in relation to the business or affairs of another person, except under certain circumstances.24
  1. As amended; the latest amendment was effected by Act 49 of 1996. 

  2. This does not include feeds prepared by someone for his own use. 

  3. The Registrar of Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies. 

  4. Section 18(1)(c) read with section 3(3). 

  5. Section 18(1)(l) read with section 4A(1). 

  6. Section 18(1)(l) read with section 4A(3). 

  7. Section 18(1)(c) read with section 7(1)(a). 

  8. Section 18(1)(c) read with section 7(1)(c). 

  9. Section 18(1)(a)&(c) read with section 7(1)(c) and section 9. 

  10. Section 18(1)(c) read with section 7(2)(a)(i). 

  11. Section 18(1)(c) read with section 7(2)(a)(ii). 

  12. Section 18(1)(6B) read with section 6A. 

  13. Section 18(1)(c) read with section 10(1). 

  14. Section 18(1)(c) read with section 12. 

  15. Section18(1)(c) read with section 16(1)(a). 

  16. Section 18(1)(d) read with section 7 bis (1)(a) and (b). 

  17. Section 18(1)(b). 

  18. Section 18(1)(bA). 

  19. Section 18(1)(e) read with section 15(1)(f). 

  20. Section 18(1)(f). 

  21. Section 18(1)(f). 

  22. Section 18(1)(g). 

  23. Section 18(1)(h) and (i). 

  24. Section 17.