FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT 36 OF 1947
7. Sale of fertilizers, farm feeds, agricultural remedies and stock remedies
Cases
(1) No person shall sell any fertilizer, farm feed, agricultural remedy or stock remedy unless –
(a) it is registered under this Act under the name or mark under which it is so sold: Provided that a fertilizer, farm feed, agricultural remedy or stock remedy in respect of which the period of validity of the registration has expired, the certificate of registration has been cancelled in terms of section 4 or has lapsed in terms of section 4A (2) and which, before or on the date of such cancellation or lapse, was no longer under the control of, or owned by the person to whom that certificate of registration was issued, may, subject to the provisions of section 7bis, be sold;
(b) it is, subject to the provisions of paragraph (c), packed in such manner and mass or volume as may be prescribed;
(c) the container in which it is sold, complies with the prescribed requirements and is sealed and labelled or marked in such manner as may be prescribed or, if it is not sold in a container, it is accompanied by the invoice referred to in section 9; and
(d) it is of the composition and efficacy specified in the application for registration thereof, possesses all chemical, physical and other properties so specified, and complies with the prescribed requirements.
(2) (a) No person shall for reward or in the course of any industry, trade or business –
(i) use, or recommend the use of, any agricultural remedy or stock remedy for a purpose or in a manner other than that specified on the label on a container thereof or described on such container;
(ii) use any agricultural remedy unless he is a pest control operator registered in terms of this Act or otherwise than in the presence and under the supervision of a pest control operator so registered.
[Para. (a) substituted by s. 6 of Act 4 of 1980.]
(b) The provisions of paragraph (a) shall, in the case of a stock remedy, not apply to a veterinarian registered under the Veterinary Act, 1933 (Act 16 of 1933).
7 bis. Prohibition on acquisition, disposal, sale or use of certain fertilizers, farm feeds, agricultural remedies and stock remedies.
Cases
(1) The Minister may by notice in the Gazette –
(a) prohibit the acquisition, disposal, sale or use of fertilizers, farm feeds, agricultural remedies or stock remedies; or
(b) prohibit such acquisition, disposal, sale or use, except in accordance with such conditions as may be specified in the notice or except under the authority of and in accordance with such conditions as may be specified in a permit issued by the registrar,
and may in like manner repeal or amend any such notice.
(2) Any prohibition issued under subsection (1) may apply –
(a) throughout the Republic or in one or more specified areas;
(b) to any person or to persons belonging to any specified class or group of persons or to persons other than persons belonging to any such class or group of persons; or
(c) in respect of all or one or more classes or kinds of fertilizers, farm feeds, agricultural remedies or stock remedies.
(3) Any condition referred to in subsection (1) shall not be subject to any limitations of whatever nature, and such conditions may differ in respect of different areas, persons or classes or groups of persons.
Regulations R1716 as published in Government Gazette No. 13424 of 21 July 1991 AND Regulation No. R181 as published in Government Gazette No. 24329 of 7 February 2003 of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947)
REGULATION NO. R1716 OF 26 JULY 1991 STATES:
Prohibition of the acquisition, disposal, sale or use of agricultural remedies or stock remedies except in accordance with certain conditions.
I, André Isak van Niekerk, Minister of Agriculture, acting under section 7bis of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), hereby prohibit the acquisition, disposal, sale or use of an agricultural remedy or stock remedy for a purpose or in a manner other than that specified on the label on a container thereof or on such container.
REGULATION NO. R181 OF 7 FEBRUARY 2003 STATES:
Regulation relating to the prohibition of the sale, acquisition, disposal or use of agricultural remedies and stock remedies.
I, Angela Thokozile Didiza, Minister of Agriculture, acting under section 23(1)(n) of the fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), has made the regulation set out in the schedule.
Prohibition of the sale, acquisition, disposal or use of agricultural remedies and stock remedies.
The sale, acquisition, disposal or use of an agricultural remedy or stock remedy, other than in a container and with the label as approved by the Registrar is hereby prohibited except
(a) when being applied as indicated on the approved label,
(b) for purposes of conducting trials, and
(c) if prior approval is obtained from the Registrar.
Any person who fails to comply with the conditions of this Regulation shall be guilty of an offence and liable on conviction to a fine or imprisonment not exceeding two years or to both such fine and imprisonment.