Agriculture Pack

Agricultural enterprises must comply with the Broad-Based Black Economic Empowerment Act as applied through the AgriBEE Sector Code (Government Gazette No. 40537, 23 December 2016). The AgriBEE scorecard measures: ownership (25 points), management control (19 points), skills development (25 points), enterprise and supplier development (42 points), and socio-economic development (5 points). Enterprises with annual turnover above R10 million must have a valid BEE certificate from a SANAS-accredited verification agency. Agricultural land reform and redistribution targets are incorporated into the ownership element. Penalty: Non-compliance affects ability to tender for government contracts, obtain agricultural subsidies, and access certain DALRRD support programmes. Reference: B-BBEE Act 53 of 2003; AgriBEE Sector Code GG 40537.

Agricultural products intended for sale in South Africa or for export must comply with grading and classification standards prescribed under the Agricultural Product Standards Act 119 of 1990. Standards exist for fresh fruit and vegetables, meat and meat products, dairy products, eggs, grain, and canned goods. Products must be graded by a registered assignee or accredited person. Grading marks may only be applied to products meeting the prescribed standard. Penalty: Selling products not meeting prescribed standards — fine up to R20,000 or imprisonment up to 5 years (s6). Applying false grading marks — fine up to R40,000 or imprisonment up to 5 years (s9). Reference: Agricultural Product Standards Act 119 of 1990, s2-9.

Any person who owns or has in their possession an animal which is or is suspected to be infected with a controlled or notifiable disease must immediately report to the nearest state veterinarian or animal health technician. Controlled diseases include: foot-and-mouth disease (FMD), highly pathogenic avian influenza (HPAI), African swine fever, bovine tuberculosis, brucellosis, and anthrax. The state veterinarian may quarantine the premises, order testing, or mandate slaughter of affected animals. Movement restrictions are imposed automatically upon notification. Compensation may be payable for animals destroyed under state order. Penalty: Failure to report a controlled disease — fine up to R20,000 or imprisonment up to 5 years (s30). Moving infected animals — same penalty. Reference: Animal Diseases Act 35 of 1984, s7-11.

All cattle, horses, donkeys, and mules must be branded with a registered brand mark issued by the Registrar of Animal Identification under the Animal Identification Act 6 of 2002. Livestock must be identifiable for: disease traceability, theft prevention, and movement control. Requirements: (a) register a brand mark with DALRRD; (b) brand all animals before removal from the farm; (c) keep removal certificates for all livestock movements; (d) stock theft must be reported to SAPS immediately. The National Livestock Identification and Traceability System (LITS) is being implemented for enhanced traceability (electronic identification tags). Penalty: Moving unbranded or unidentified stock — fine or imprisonment up to 6 months (Animal Identification Act, s16). Reference: Animal Identification Act 6 of 2002; Animal Diseases Act 35 of 1984.

The Conservation of Agricultural Resources Act 43 of 1983 imposes obligations on all land users (owners, lessees, occupiers of agricultural land) to: (a) protect cultivated land against erosion (maintain contour banks, waterways, and terraces); (b) prevent the spread and propagation of declared invader plants and weeds (Category 1a, 1b, 2, and 3 listed species); (c) prevent the degradation of natural agricultural resources (veld management); (d) maintain soil conservation works in good condition. DALRRD conservation officers may issue directives requiring specific conservation measures. Grazing capacity norms must be observed. Penalty: Failure to comply with CARA provisions or directives — fine up to R10,000 or imprisonment up to 2 years (s29). Reference: Conservation of Agricultural Resources Act 43 of 1983, s6-12.

All fertilizers, farm feeds, agricultural remedies (pesticides), stock remedies, and sterilising plants must be registered with the Registrar under Act 36 of 1947 before being sold or used commercially. Registration requirements include: (a) product composition and analysis certificate; (b) efficacy data; (c) safety data sheet (SDS); (d) labelling compliant with prescribed requirements. Registrations must be renewed annually. Importation of unregistered products is prohibited. The Registrar may conduct inspections of premises where products are manufactured, stored, or sold. Penalty: Selling or using unregistered products — fine up to R10,000 or imprisonment up to 2 years (s18). Reference: Fertilizers, Farm Feeds, Seeds and Remedies Act 36 of 1947, s3-7.

Employers in the agricultural sector must comply with Sectoral Determination 13 (Farm Worker Sector) issued under the Basic Conditions of Employment Act 75 of 1997. Key requirements: (a) minimum wage for farmworkers as gazetted annually (from 1 March 2025: R27.58 per hour / national minimum wage); (b) maximum ordinary working hours: 45 per week; (c) overtime payment at 1.5x normal rate; (d) annual leave: 1 day per 17 days worked (approximately 15 days per year); (e) provision of suitable housing or housing allowance; (f) written particulars of employment provided within first month; (g) compliance with Extension of Security of Tenure Act (ESTA) 62 of 1997 for on-farm housing occupiers. Penalty: Non-compliance with SD 13 — compliance order from DEL, fine up to R300,000 or imprisonment up to 3 years for repeated offences (BCEA s93). Reference: BCEA 75 of 1997; Sectoral Determination 13.

Land users must take prescribed measures to control declared pests and must report the occurrence of quarantine pests to the nearest DALRRD office. Quarantine pests include: citrus greening (HLB), fruit fly (certain species), fall armyworm, and locusts. The minister may declare a pest control area and order compulsory control measures. Importation of plants, plant products, and soil must comply with phytosanitary import requirements (import permits from DALRRD). Agricultural remedies used for pest control must be registered under Act 36 of 1947 and applied by qualified persons in accordance with label instructions. Penalty: Failure to control declared pests or report quarantine pests — fine up to R10,000 or imprisonment up to 3 years (s10). Reference: Agricultural Pests Act 36 of 1983, s3-9.

All perishable products intended for export from South Africa must be inspected and certified by the Perishable Products Export Control Board (PPECB) under the PPECB Act 9 of 1983. This includes fresh fruit, vegetables, flowers, meat, dairy, and fish products. The PPECB issues phytosanitary certificates, cold chain compliance certificates, and quality inspection certificates. Exporters must: (a) register with the PPECB; (b) ensure products meet export standards per Agricultural Product Standards Act regulations; (c) comply with destination country phytosanitary requirements; (d) maintain cold chain integrity. Fee: Inspection fees based on product type and volume. Penalty: Exporting without PPECB certification — products may be rejected at port or destination. Contravention of APS Act — fine up to R20,000 or imprisonment up to 5 years. Reference: PPECB Act 9 of 1983; Agricultural Product Standards Act 119 of 1990.

Agricultural water use for irrigation requires authorisation under the National Water Act 36 of 1998. Section 21(a) (taking water from a water resource) is the primary trigger. Water use may be authorised under: (a) Schedule 1 (small-scale reasonable domestic/garden use — no licence needed); (b) General Authorisation (moderate use within gazetted thresholds); (c) Water Use Licence (WUL) for significant abstraction. A WUL application must include: water requirements study, environmental impact assessment (if required), proof of lawful water use (existing lawful use recognition), and hydrological assessment. Processing time: 90-300 days. Penalty: Unlawful water use — fine up to R5 million or imprisonment up to 5 years (s151). Reference: National Water Act 36 of 1998, s21(a), s40.