As a national public entity, the PPECB is constituted and mandated in terms of the Perishable Products Export Control Act (PPEC Act), No 9 of 1983, to perform cold chain services. The PPECB also delivers inspection and food safety services assigned by the Department of Agriculture, Forestry and Fisheries (DAFF) under the Agriculture Products Standards Act (APS Act), No119 of 1990. For more information on the legislation relevant to the PPECB please see below.
1. AGRICULTURAL PRODUCTS STANDARDS ACT (APS Act)
As an assignee of the Department of Agriculture, Forestry and Fisheries, the PPECB also operates under the Agricultural Products Standards (APS), Act 119 of 1990. According to this Act, the PPECB’s primary function is to ensure compliance to product quality and food safety standards for all regulated plant products intended for export to international markets.
2. PROMOTION OF ACCESS TO INFORMATION ACT 2 of 2000 (PAIA)
The Promotion of Access to Information Act gives effect to the constitutional right of access to information which is required to exercise any rights. As a Schedule 3A public entity in terms of the Public Finance Management Act (PFMA), 1 of 1999 the PPECB is obliged to comply with PAIA. When requests for information are received the PPECB must write to the party whose information has been requested and request their consent. If there is an agreement in terms of which specific consent has been obtained from a party authorising the PPECB to provide specific information, the PPECB may provide this information. If consent is refused, reasons must be provided and the PPECB must assess those reasons in terms of PAIA and make a determination as to whether it will provide the information. The other party as well as the requester must then be informed of the decision and either party may appeal it. While processing a PAIA application the PPECB is bound to comply with the time frames set within PAIA. For further information please read the PPECB PAIA manual.
3. PERISHABLE PRODUCTS EXPORT CONTROL BILL (PPECB), PPEC LEVIES BILL AND REGULATIONS
The Perishable Products Export Control Bill (the Bill) will replace the Perishable Products Export Control Act 9 of 1983 as the role of the Perishable Products Export Control Board (“the PPECB”) materially changed in 1997 after the introduction of the Marketing of Agricultural Products Act (Act No. 47 of 1996), and the abolition of the Marketing Boards (a regulated marketing environment) and the move to deregulated marketing. With these changes, the PPECB moved from being a regulator and service provider to Control Boards, often with a single exporter, to performing regulatory functions to multi exporters and service providers.
The objectives of the Bill are to:
• To regulate and facilitate the efficient export of perishable products from South Africa to destinations around the world
• To address advances in information, communication and technology (“ICT”)
• To facilitate B-BBEE and establish a user-friendly ICT system with access for new entrants,
• To align with the Constitution and other national legislation
The Bill is currently awaiting approval for submission to Cabinet.
The PPECB has drafted regulations to the Bill and is engaging with internal stakeholders to finalise the draft Regulations to the Bill. The PPECB Levies Bill provides for the imposition of levies by the PPECB and for matters connected therewith.