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Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947
Act 36 of 1947
- Published in South African Government Gazette 3834 on 18 June 1947
- Assented to on 3 June 1947
- Commenced on 1 July 1972
- [This is the version of this document from 10 June 1977 and includes any amendments published up to 17 January 2025.]
- [Amended by Fertilizers, Farm Feeds, Seeds and Remedies Amendment Act, 1950 (Act 48 of 1950) on 7 July 1950]
- [Amended by Seeds Act, 1961 (Act 28 of 1961) on 2 March 1962]
- [Amended by Fertilizers, Farm Feeds and Remedies Amendment Act, 1970 (Act 60 of 1970) on 6 November 1970]
- [Amended by Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Amendment Act, 1972 (Act 17 of 1972) on 1 July 1972]
- [Amended by Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Amendment Act, 1977 (Act 24 of 1977) on 10 June 1977]
1. Definitions
In this Act, unless the context otherwise indicates -“advertisement” means any written, illustrated, visual or other descriptive material or oral statement, communication, representation or reference distributed to members of the public or brought to their notice in any other manner and which is intended to promote the sale of fertilizers, farm feeds, agricultural remedies or stock remedies or encourage the use thereof or draw attention to the nature, properties, advantages or uses thereof;[definition of “advertisement” substituted by Act 24 of 1977]“agricultural remedy” means any chemical substance or biological remedy, or any mixture or combination of any such substance or remedy intended or offered to be used -(a)for the destruction, control, repelling, attraction or prevention of any undesired microbe, alga, nematode, fungus, insect, plant, vertebrate, invertebrate or any product thereof, but excluding any chemical substance, biological remedy or other remedy in so far as it is controlled under the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965) or the Hazardous Substances Act, 1973 (Act No. 15 of 1973); or[The Medicines and Related Substances Control Act 101 of 1965 has been replaced by the Medicines and Related Substances Control Act 13 of 2003. The Hazardous Substances Act 15 of 1973 was never applicable to South West Africa; the relevant law is the Hazardous Substances Ordinance 14 of 1974, which is still in force.](b)as plantgrowth regulator, defoliant, desiccant or legume inoculant,and anything else which the Minister has by notice in the Gazette declared an agricultural remedy for the purposes of this Act;[definition of “agricultural remedy” inserted by Act 60 of 1970 and substituted by Act 24 of 1977]“analyst” means a person appointed as such in terms of section fourteen;“board” means any board appointed by the Minister in terms of section 6;[definition of “board” inserted by Act 24 of 1977][definition of “brand” deleted by Act 24 of 1977]“establishment”, in relation to a fertilizer, farm feed, agricultural remedy or stock feed means the premises where such fertilizer, farm feed, agricultural remedy or stock feed is manufactured, controlled, packed, marked or labelled for the purposes of sale;[definition of “establishment” inserted by Act 24 of 1977]“farm feed” means -(a)(i)any substance obtained by a process of crushing, gristing or grinding, or by the addition to any substance or the removal therefrom of any ingredient; or(ii)any condimental food, vitamin or mineral substance or other substance which possesses or is alleged to possess nutritive properties; or(iii)any bone product,intended or sold for the feeding of domestic animals or livestock; or(b)any stock lick or substance which can be and is used as a stock lick, whether or not such stock lick or substance possesses medicinal properties,but does not include straw, chaff, unground hay, silage, any cereal in the grain or any substance which would otherwise be a farm feed but has been ground, crushed, gristed or prepared for any person, in accordance with his directions for his own use, unless the Minister has by notice in the Gazette declared such substance a farm feed for the purposes of this Act;[definition of “farm feed” substituted by Act 24 of 1977][definition of “farming requisite” substituted by Act 60 of 1970 and deleted by Act 24 of 1977]“fertilizer” means any substance which is intended or offered to be used for improving or maintaining the growth of plants or the productivity of the soil;[definition of “inspector” deleted by Act 24 of 1977]“mark” means a mark as defined in section 1 of the Trade Marks Act, 1963 (Act 62 of 1963);[The definition of “mark” is inserted by Act 24 of 1977. The equivalent of the Trade Marks Act 62 of 1963 in South West Africa was the Trade Marks in South West Africa Act 48 of 1973, which was replaced by the Industrial Property Act 1 of 2012.]“Minister” means means the Minister of Agriculture;[definition of “Minister” substituted by Act 60 of 1970]“officer” means an officer as defined in section 1 of the Public Service Act, 1957 (Act No. 54 of 1957);[The definition of “officer” is inserted by Act 24 of 1977.][The “Administration of South West Africa” and the “Secretary for South West Africa” were removed from the coverage of the Public Service Act 54 of 1957 by RSA Proc. R 112/1980 (RSA GG 7097). The public service in South West Africa was then governed by the Government Service Act 2 of 1980 (OG 4116), which was re-named the Public Service Act 2 of 1980 and replaced by the Public Service Act 13 of 1995.]“prescribed” means prescribed by regulation under this Act;“registrar” means the Registrar of Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies designated in terms of section 2, and includes an officer acting under a delegation from or under the control or direction of the registrar;[definition of “registrar” inserted by Act 24 of 1977]“regulation” means any regulation made under this Act;[definition of “regulation” inserted by Act 24 of 1977]“Republic” includes the territory of South-West Africa;[definition of “Republic” inserted by Act 17 of 1972][definition of “remedy” deleted by Act 60 of 1970][definition of “Secretary” substituted by Act 60 of 1970 and deleted by Act 24 of 1977][definition of “seed” deleted by Act 28 of 1961]“sell” includes agree to sell, or to offer, advertise, keep, expose, transmit, convey, deliver or manufacture for sale or to exchange or to dispose of to any person in any manner for any consideration whatever, or to transmit, convey or deliver in pursuance of a sale, exchange or disposal as aforesaid; and “sale” has a corresponding meaning;[definition of “sell” substituted by Act 24 of 1977]“sterilizing plant” means a plant used for sterilizing of bones or other substances derived from cattle, members of the horse family, sheep, goats, pigs, poultry or ostriches, of any age, or from any vertebrate or invertebrate specified by the Minister from time to time by notice in the Gazette;[definition of “sterilizing plant” substituted by Act 60 of 1970]“stock remedy” means a substance intended or offered to be used in connection with domestic animals, livestock, poultry, fish or wild animals (including wild birds), for the diagnosis, prevention, treatment or cure of any disease, infection or other unhealthy condition, or for the maintenance or improvement of health, growth, production or working capacity, but excluding any substance in so far as it is controlled under the Medicines and Related Substances Control Act, 1965 (Act 101 of 1965);[The definition of “stock remedy” is substituted by Act 60 of 1970 and by Act 24 of 1977. The Medicines and Related Substances Control Act 101 of 1965 has been replaced by the Medicines and Related Substances Control Act 13 of 2003.]“technical adviser” means a technical adviser designated in terms of section 14;[definition of “technical adviser” inserted by Act 24 of 1977]“this Act” includes any regulations thereunder.2. Designation of registrar
3. Registration of fertilizers, farm feeds, agricultural remedies and stock remedies
4. Cancellation of registration
The registrar may cancel the registration of any fertilizer, farm feed, agricultural remedy or stock remedy at any time if he is satisfied -4A. Availability, lapse and return of certificate of registration
5. Furnishing of reasons for refusal of, determination of conditions on or cancellation of registration
If -6. Appeal against decisions of registrar
7. Sale of fertilizers, farm feeds, agricultural remedies and stock remedies
7bis. Prohibition on acquisition, disposal, sale or use of certain fertilizers, farm feeds, agricultural remedies and stock remedies
8. Use of sterilizing plant
No persons shall use any sterilizing plant unless such plant has been registered in terms of section three.9. Invoices required in case of sale of fertilizers, farm feeds, agricultural remedies and stock remedies not in a container
Any person who sells any fertilizer, farm feed, agricultural remedy or stock remedy not in a container, shall give to the purchaser at the time of delivery or send to him at the time of despatch an invoice setting forth such particulars in respect of such fertilizer, farm feed, agricultural remedy or stock remedy as may be prescribed.[section 9 substituted by Act 60 of 1970 and by Act 24 of 1977]10. Furnishing of particulars before administration of fertilizers, farm feeds and agricultural remedies
11. ***
[section 11 deleted by Act 28 of 1961]12. Manufacture and sale of fertilizers and farm feeds containing substances derived from animal carcasses
No person shall manufacture or sell any fertilizer or farm feed containing bone or any other substance derived from an animal carcass, unless such bone or substance -13. Exclusion of any fertilizer, farm feed, agricultural remedy or stock remedy from operation of Act
The Minister may by notice in the Gazette exclude, subject to such conditions as he may determine, any fertilizer, farm feed, agricultural remedy or stock remedy from the operation of anyor all of the provisions of this Act.[section 13 substituted by Act 60 of 1970]14. Designation of technical advisers and analysts
For the purpose of this Act, the Minister may from time to time, designate persons, including officers, as -15. Power of entering premises, examinations, analysis of samples, and seizure
16. Detention and sampling of imported fertilizers, farm feeds, seeds and remedies
[The heading was not amended to correspond with the amendments which (a) removed the other references to “seeds” and (b) substituted “agricultural remedies and stock remedies” for the word “remedies” in particular provisions.]17. Preservation of secrecy
Any person who discloses except to the Minister or to any other person for the purpose of the performance of his duties or the exercise of his functions under this Act or when required to do so by any court or under any law, any information acquired by him in the exercise of any duty or function under this Act, in relation to the business or affairs of any other person shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred pounds or imprisonment for a period not exceeding twelve months.[A fine not exceeding five hundred pounds is equivalent to a fine not exceeding N$1000.]18. Offences and penalties
19. Jurisdiction of magistrate’s court
Notwithstanding anything to the contrary in any other law contained a magistrate’s court shall have jurisdiction to impose any penalty prescribed by this Act.20. Procedure and evidence
21. Special defences in case of prosecutions
It shall be sufficient defence for a person charged with the sale of any fertilizer, farm feed, agricultural remedy or stock remedy in contravention of 7(1)(d) if he proves to the satisfaction of the court -22. Acts or omissions by manager, agent or employee
23. Regulations
a comma has been added accordingly after “farm feeds”]
23A. Limitation of liability
Except where it is expressly otherwise provided for in this Act, no compensation shall be payable by the State, the Minister or the registrar in respect of any act done in good faith under this Act.[section 23A inserted by Act 24 of 1977]24. Application of Act to South-West Africa
This Act and any amendment thereof shall apply also to the territory of South-West Africa, including the Eastern Caprivi Zipfel.[section 24 deleted by Act 60 of 1970, and inserted by Act 17 of 1972]25. Repeal of law
The Fertilizers, Farm Foods, Seeds and Pest Remedies Act, 1917 (Act No. 21 of 1917), is hereby repealed.[The RSA Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Amendment Act 17 of 1972 (RSA GG 3459), which made this Act applicable to South West Africa, also repealed the SWA Fertilisers, Farm Foods, Seeds and Pest Remedies Ordinance 15 of 1930.]26. Short title
This Act shall be called the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947.[section 26 amended by Act 28 of 1961 and substituted by Act 60 of 1970]History of this document
10 June 1977 this version
01 July 1972
06 November 1970
02 March 1962
Amended by
Seeds Act, 1961
07 July 1950
18 June 1947
03 June 1947
Assented to
Cited documents 0
Documents citing this one 32
Gazette 27
Act 2
1. | Medicines and Related Substances Control Act, 2003 | 150 citations |
2. | Prevention of Undesirable Residue in Meat Act, 1991 | 12 citations |
Government Notice 2
1. | Animal Health Regulations, 2013 | |
2. | Regulations on the Registration of Fertilizers, Farm Feeds, Sterilising Plants and Agricultural Remedies, 2007 |
Proclamation 1
1. | Executive Powers (Agricultural Technical Services) Transfer Proclamation, 1978 |
Subsidiary legislation
Title
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Date
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Regulations on the Registration of Fertilizers, Farm Feeds, Sterilising Plants and Agricultural Remedies, 2007 | Government Notice 112 of 2007 | 15 November 2017 |