Secretariat TPR |
WT/TPR/S/324 |
S-III§50 |
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2015 |
Trade Policy Framework |
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Relevant information
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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.
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Secretariat TPR |
WT/TPR/S/324 |
S-III§48 |
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2015 |
Measures |
Import licences, Other environmental requirements |
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Relevant information
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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.
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Keywords
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Secretariat TPR |
WT/TPR/S/324 |
S-III§52 |
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2015 |
Measures |
Import licences, Other environmental requirements |
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Relevant information
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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.
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Keywords
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Secretariat TPR |
WT/TPR/S/324 |
S-III§53 |
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2015 |
Measures |
Import licences, Other environmental requirements |
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Relevant information
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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.
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Keywords
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Secretariat TPR |
WT/TPR/S/324 |
S-III§51 |
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2015 |
Measures |
Risk assessment |
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Relevant information
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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.
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Secretariat TPR |
WT/TPR/S/324 |
S-III§60 |
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2015 |
Measures |
Technical regulation or specifications |
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Relevant information
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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.
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Keywords
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Secretariat TPR |
WT/TPR/S/324 |
S-Table-A3.1 |
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2015 |
Measures |
Technical regulation or specifications |
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Relevant information
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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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Keywords
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Secretariat TPR |
WT/TPR/S/324 |
S-III§56 |
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2015 |
Measures |
Technical regulation or specifications |
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Relevant information
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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).
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Secretariat TPR |
WT/TPR/S/324 |
S-III§64 |
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2015 |
Measures |
Ban/Prohibition |
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Relevant information
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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. (...)
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Keywords
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Secretariat TPR |
WT/TPR/S/324 |
S-Table-III.7 |
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2015 |
Measures |
Intellectual property measures |
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Relevant information
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Table 3.7 Legislation on intellectual property rights, 2015
Subject and main legislation Coverage Duration Selected exclusions and limitations
Patents
Patents Act (Act No. 57 of 1978) as amended in 2005 A patent may be granted for any new (1) invention which involves an inventive step (2) and which is capable of being used or applied (3) in trade or industry or agriculture 20 years from the date of application, subject to payment of the prescribed renewal fees.
Patent takes effect from the date of publication. The following are not patentable inventions: a scientific theory; a mathematical method; a literary, dramatic, musical or artistic work or any other aesthetic creation; a scheme, rule or method for performing a mental act, playing a game or doing business; a program for a computer; the presentation of information; an invention or exploitation which encourages offensive or immoral behaviour; and any variety of animal or plant or any essentially biological process for the production of animals or plants, not being a microbiological process or the product of such a process.
Nuclear Energy Act (Act No. 131 of 1993) Patenting of inventions in respect of nuclear material, restricted material, nuclear energy and nuclear related equipment and material
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