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The GMO Act makes provision for the appointment of a Registrar, inspectors and two regulatory bodies i.e. the Advisory Committee and Executive Council. The Registrar receives all applications for activities with GMOs and examines the applications for conformity to the requirements of the GMO Act. The Registrar also has the responsibility of ensuring that all users apply appropriate measures to protect the environment as well as human and animal health during activities involving GMOs. The Advisory Committee (AC) is responsible for the assessment of all compliant applications with regard to food, feed and environmental impact, following which a recommendation is submitted to the Executive Council (EC). Furthermore the AC acts as a national advisory body on all matters involving GMOs; and also advises the Minister, the Executive Council, the Registrar and other ministries or appropriate bodies on matters concerning GMOs.

The EC is the ultimate decision-making body and it consists of members from different government departments appointed by the Minister of Agriculture, Forestry and Fisheries. Before taking a decision to permit an activity or not the Council considers, amongst other factors, a scientifically based risk assessment, the proposed risk management measures and the recommendation of the AC. In addition, the Council advises the Minister on all aspects concerning activities relating to GMOs, and ensures that such activities are performed in accordance with the GMO Act.

Under the new legislative framework, any activity with GMOs, including importation, exportation, transit, development, production, release, and distribution, is not allowed in South Africa without a permit for that activity. However, an import permit is not required for organisms that are used under conditions of contained use, i.e. within a facility, installation or other physical structure, and that are controlled by specific measures that effectively limit contact of the GMOs with humans, animals and the external environment and their impact on humans.

The application must be accompanied by the prescribed application fee, and the Registrar is required to examine it for conformity with the requirements of the GMO Act.

South Africa has approved GMO permits for herbicide-tolerant soybean, maize, and cotton, insect-resistant maize and cotton, as well as stacked insect-resistant and herbicide-tolerant maize and cotton for commercial release and/or for food and animal feed.

Permit applications have to be submitted to the Registrar in hard and electronic formats. The application must include:
• a scientifically based risk assessment;
• proposed risk management measures;
• a copy of the public notice as required under the GMO Regulations; and
• an assessment of the impact of the proposed activity on the environment and the socio economic benefits of the activity, if required by the Executive Council.

Labelling of GMOs is mandatory only in some specified cases, such as when allergens or human/animal proteins are present, and when a GM food product "differs significantly" from a non-GM equivalent.

Table A3. 1 Technical regulations on foodstuffs, 2009
Regulation (Government Notice No.) - Product or activity
Regulations governing the labelling of foodstuffs obtained through certain techniques of genetic modification (R.25/2004) - GMO labelling
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The Minister in charge of agriculture may prescribe the use of a "distinctive mark" on locally produced and export products to certify the class or grade (quality and calibration, for example) or, in the case of organically produced products, the production method concerned and/or a particular management control system. The distinctive marking process is compulsory for some agricultural products (as specified in the Agricultural Product Standards Act).

South Africa maintains export control, including export permits (licences) and prohibitions on grounds of safety, security, and the environment, and to ensure compliance with international obligations under treaties and conventions to which it is a signatory. Export prohibitions apply only to ozone-depleting substances in accordance with the Montreal Protocol. (...)