Marketing Act, 1968
Act 59 of 1968
- Published in South African Government Gazette 2107 on 26 June 1968
- Assented to on 12 June 1968
- Commenced on 7 July 1971
- [This is the version of this document from 22 November 1982 and includes any amendments published up to 1 December 2023.]
- [Amended by Marketing Amendment Act, 1969 (Act 52 of 1969) on 7 May 1969]
- [Amended by Marketing Amendment Act, 1970 (Act 69 of 1970) on 7 October 1970]
- [Amended by Marketing Amendment Act, 1971 (Act 78 of 1971) on 7 July 1971]
- [Amended by Marketing Amendment Act, 1972 (Act 68 of 1972) on 14 June 1972]
- [Amended by Marketing Amendment Act, 1973 (Act 31 of 1973) on 18 April 1973]
- [Amended by Marketing Amendment Act, 1974 (Act 73 of 1974) on 20 November 1974]
- [Amended by Marketing Amendment Act, 1975 (Act 38 of 1975) on 7 May 1975]
- [Amended by Marketing Amendment Act, 1976 (Act 50 of 1976) on 9 April 1976]
- [Amended by Marketing Amendment Act, 1977 (Act 109 of 1977) on 20 July 1977]
- [Amended by Marketing Amendment Act, 1980 (Act 19 of 1980) on 17 July 1980]
- [Amended by Livestock and Livestock Products Act, 1981 (Act 12 of 1981) on 8 December 1981]
- [Amended by Karakul Pelts and Wool Act, 1982 (Act 14 of 1982) on 22 November 1982]
Act 12 of 1981 repealed the Act in South West Africa “in so far as it relates to controlled products”, which are defined by Act 12 of 1981 as “livestock, meat or meat products”.
Act 14 of 1982 repealed the Act and any scheme in operation thereunder, “insofar as it relates to karakul pelts or wool”.
APPLICABILITY TO SOUTH WEST AFRICA: Section 99 of the original Act stated “The provisions of this Act, in so far as they relate to karakul pelts, shall also apply in the territory of South-West Africa.” Section 99(1), as amended by Act 78 of 1971, states “This act and any amendments thereof shall apply also in the territory, including the Eastern Caprivi Zipfel.” Section 99(2) states “Any proclamation, regulation or notice issued or made under this Act prior to the commencement of the Marketing Amendment Act, 1971, and which does not apply in the territory immediately prior to such commencement, shall, subject to the provisions of this Act, not apply in the territory.” In definitions inserted by Act 78 of 1971, “Republic” includes “the territory”, which is defined as “the territory of South West Africa”.
TRANSFER TO SOUTH WEST AFRICA: The administration of this Act was transferred to South West Africa by the Executive Powers (Agricultural Economics and Marketing) Transfer Proclamation, AG 18 of 1977, dated 20 December 1977. None of the amending acts in South Africa after the date of transfer were made expressly applicable to South West Africa. The Marketing Amendment Act 79 of 1987 (RSA GG 10956)repealed section 99 of the Act (concerning applicability to South West Africa) in South Africa, but this amending Act was not applicable to South West Africa because it was not made expressly so applicable.
The provisions of the Act which relate to the Karakul Scheme published under the Act in Proclamation R.172 of 1968 (RSA GG 2112), and the Wool Scheme published under the Act in Proc. R.155 of 1972 (RSA GG 3585) were excluded from the operation of section 3(1) of the General Proclamation, meaning that they were not transferred to South West Africa. However, the Executive Powers (Agricultural Economics and Marketing) Transfer Proclamation, AG 18 of 1977, was amended by the Karakul Scheme Amendment Proclamation AG 41 of 1978 (OG 3771), to remove the references to the Karakul Scheme from this exemption with effect from 1 July 1978.
The provisions of the Act relating to boards and control bodies relevant to these schemes were excluded from transfer by section 3(2)(b) of the Executive Powers Transfer (General Provisions) Proclamation, AG 7 of 1977, which exempted from the operation of section 3(1) of the that Proclamation “those provisions of any law... which provide for or relate to the institution, constitution or control of any juristic person or any board or any other body of persons that may exercise powers or perform other functions in or in respect of both the territory and the Republic”.]ACTTo consolidate the laws providing for the regulation of the production and sale of agricultural products; for the establishment of certain boards in connection therewith; for the establishment of a national mark; for the grading and standardization of agricultural products; and for matters incidental thereto.(Afrikaans text signed by the State President)BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-
Part 1 – The National Marketing Council and the Agricultural Reference Board[heading substituted by Act 31 of 1973 and by Act 109 of 1977]
2. The National Marketing Council
3. Meetings of the marketing council
4. Functions, powers and duties of the marketing council
5. ***[section 5 deleted by Act 109 of 1977]
6. ***[section 6 deleted by Act 109 of 1977]
7. ***[section 7 deleted by Act 109 of 1977]
7A. The Agricultural Reference Board
7B. Meetings of reference board
7C. Powers of reference board
Part 2 – Schemes
A. Establishment, Amendment, Suspension and Revocation
8. Submission of schemes to, and drafting of schemes by, the Minister
9. Investigation, and rejection or acceptance by the Minister, of a proposed scheme
10. Joint schemes
11. Separate schemes for the same productSubject to the provisions of this Act, separate schemes may exist for the same product according to the purpose for which the product is intended to be used or the area in which it is produced.
12. Publication, or recommendation to the State President of a proposed scheme accepted by the Minister
13. Voting on a published scheme at meetings of producers
14. Approval and application of a scheme by the State President
15. Amendment of a scheme
16. Suspension of any provision of a scheme, and amendment or revocation of the scheme at the request of Parliament
17. Revocation of a scheme if the producers disapprove of it
B. General Provisions
18. Name, product and area to be specifiedA scheme shall specify its name, the product to which it relates and the area or areas in which it applies.
19. Provisions relating to the product to which a scheme relates
20. Provisions relating to the area in which a scheme appliesA scheme may provide that -
21. Provisions relating to the persons to whom a scheme applies
22. ***[section 22 deleted by Act 52 of 1969]
23. Scheme may provide for penaltiesA scheme may provide for a fine not exceeding two hundred rand or for imprisonment for a period not exceeding six months or for both such fine and such imprisonment, by way of a criminal sanction for the purpose of enforcing the provisions of such scheme.
24. Provision to be made for matters prescribed by proclamationA scheme shall provide for any matter which the State President may by proclamation in the Gazette prescribe as a matter in respect of which provision shall be made in any scheme.
C. The Control Board
25. Establishment and legal personality of a control board
26. ***[section 26 deleted by Act 52 of 1969]
27. ***[section 27 deleted by Act 52 of 1969]
28. Constitution of a control board
28A. Vacation of office by, and suspension of, member of control board
29. Advisory committees to, and other committees of, a control board
30. Allowances to, and insurance cover for, members of a control board or an advisory committee
31. Meetings of a control boardA scheme shall provide for the calling of meetings of its control board, and shall prescribe the quorum and the procedure at such meetings.
31A. Validity of decision taken by, or act performed under authority of, a control boardNo decision taken by a control board or act performed under authority of a control board, shall be invalid by reason only of a vacancy on the board or of the fact that a person who is not entitled to sit as member of the board sat as a member at the time when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members of the board who were present at the time and entitled to sit as members.[section 31A inserted by Act 69 of 1970]
32. Submission of certain decisions of a control board to the marketing council
33. Employment of persons by a control boardA scheme may empower its control board to employ, subject to such directions as the Minister may issue in a particular case, such persons as the board may consider necessary for the proper performance of its functions and for the attainment of the objects of the scheme.[section 33 substituted by Act 109 of 1977]
34. Acquisition of property by a control board
35. Assistance by a control board to certain undertakings and research workA scheme may empower its control board to assist, with the approval of the Minister, by grant or loan or in any other manner
36. Furnishing of information and advice by a control boardA scheme may empower its control board -
37. Stimulating demand for a regulated productA scheme may empower its control board to take such steps as may be approved by the Minister for fostering or stimulating the demand, whether within or outside the Republic, for any product to which the scheme relates or for anything which is derived from any such product.[section 37 substituted by Act 68 of 1972]
38. Co-operation by a control board with any person or another board
39. Exemption of a control board from certain licensing provisionsNotwithstanding anything to the contrary contained in any law, a control board shall be exempt from the duty to obtain any licence and to pay any licence duties or fees in respect of the carrying on by it of any activity contemplated in the Licences Act, 1962 (Act No. 44 of 1962).[Section 39 is substituted by Act 109 of 1977. The Licences Act 44 of 1962 was not applicable to South West Africa.]
40. Report to Minister by a control boardEvery control board which administers a scheme shall, within six months after the end of its financial year, submit to the Minister a report on its activities during its preceding financial year.
D. General Financial Provisions
41. Imposition of a levy on a regulated product
42. Manner and times at which and persons by whom the levy shall be payable
43. The amount of the levy
44. Special levy
45. Borrowing of money by a control boardA scheme may empower its control board to borrow money, with the approval of the Minister, to be utilized for the purpose of attaining the objects of the scheme.
46. Funds of a control board
46A. Imposition of a general levy by Minister
46B. The amount of the general levy
46C. Proceeds of general levy to be paid into special account
46D. Utilization of moneys in the special account
47. Forfeiture of certain moneysWhenever moneys set aside, in accordance with the requirements of a scheme or a decision of a control board, for a purpose specified in that scheme or determined by that board, as the case may be, have not been claimed by the persons who were in terms of that scheme or decision entitled thereto, within a period of three years after the date upon which they became so entitled, such moneys shall be forfeited and shall be dealt with as the Minister may direct.
48. Recovery of certain costs and allowances from a control boardThe Minister may recover -
49. Disposal of remaining assets of’ a control board in event of discontinuance of a schemeA scheme shall determine the manner in which any assets of its control board remaining after all its debts have been paid, shall be disposed of, and the manner in which any class of persons to whom the scheme applies shall contribute towards making good any deficit which may exist, in the event of the discontinuance of the scheme.
50. Financial year of schemeA scheme shall determine the financial year under the scheme.
51. Auditing of accounts of a control board
E. Control under a Scheme
52. Records, returns and information in respect of a regulated product
53. Appointment of agents by a control board
54. Authorization of inspectors by a control boardA scheme may empower its control board, for the purpose of the enforcement of the provisions of the scheme, to empower any person generally or in any particular case, at all reasonable hours -
55. ***[section 55 deleted by Act 69 of 1970]
56. Dealings by a control board with a regulated product or packing material and containers, and, in the case of a scheme relating to any cereal, its power in relation to such cereal in unthreshed form
57. Conducting of pools
58. Furnishing of security to a control board for the payment of the purchase price of a regulated productA scheme may empower its control board to require, with the approval of the Minister, any person dealing in the course of trade with any product to which the scheme relates, to furnish to the board such security for the payment of the purchase price of any quantity of that product purchased from a producer as may be specified in the scheme or prescribed by regulation, and to deal with any security so furnished in such manner as may be so specified or prescribed.
59. Registration of producers of, and persons dealing in the course of trade with, a regulated product
60. Fixing of the price of a regulated product
60A. Fixing of rates for conveyance of regulated product
60B. Recovery of certain subsidies by control boards
61. Payment to, and distribution by, a control board of the purchase price of a regulated product
62. Conducting, by a control board, of pool in respect of certain quantities of a regulated product
63. Payment to and distribution by a control board of the purchase price of any quantity of a regulated product not delivered for disposal through a pool
64. Prohibition of the sale of a regulated product except to or through a control board or specified persons
65. Special provisions regarding a scheme relating to milk, skim milk or cream
66. Conducting of a pool in respect of a regulated product which may not be sold except through a control board or specified persons
66A. Equalization of levy rates under certain circumstancesWhenever a control board conducts a pool for the sale of a product in the circumstances contemplated in section 66 and, during a period specified in the relevant scheme, reduces or increases the rate at which a levy referred to in section 41 or a special levy referred to in section 44 is payable in respect of a unit or quantity of that product, the board may, if authorized thereto by the scheme and in the manner prescribed in the scheme -
67. Prohibition of the sale of a regulated product except a particular class, grade, quantity or percentage thereof, or for a defined purpose
68. Conducting of a pool in respect of a quantity of a regulated product in excess of the quantity which a producer may sellA control board which has prohibited any producer from selling any quantity of a product in excess of a quantity determined by that board, may, if authorized thereto by the relevant scheme, and on such conditions as may be prescribed therein, conduct a pool for the sale of any quantities of that product which, in terms of such prohibition, may not be sold by the producers thereof, or which may, in the circumstances described in such scheme, be delivered to it for sale by persons dealing with that product in the course of trade.
69. Prohibition of the sale of a regulated product not acquired from a control board or a specified personA scheme may empower its control board to prohibit, with the approval of the Minister, any person from selling the product to which the scheme relates unless he has acquired it from the board, or from such persons as may be specified in the scheme or determined by the board.
70. Prohibition of the sale of fruit or vegetables intended for processing, otherwise than in accordance with an approved written agreement
71. Prohibition of the sale, supply, delivery or conveying of a regulated product at specified timesA scheme may empower its control board to prohibit, with the approval of the Minister, any person, or any person belonging to any class or group of persons, or any person other than a person belonging to any class or group of persons, from selling, supplying, delivering or conveying the product to which the scheme relates, or any class or grade thereof, on, at or during any day, time or period specified in the prohibition, or on, at or during any day, time or period other than a day, time or period so specified, or more or less frequently than so specified.[section 71 substituted by Act 69 of 1970]
72. Prohibition of the purchase or sale of a regulated product except under permit
73. Prohibition of the processing or manufacturing of a regulated product on behalf of any other person except under permitA scheme may empower its control board -
74. Prohibition of the purchase, sale, use, treatment, manufacture or processing of a regulated product for a specified purpose or in a specified manner, or the placing thereof in cold storage, except under permitA scheme may empower its control board to prohibit, with the approval of the Minister, any person, or any person belonging to any class or group of persons, or any person other than a person belonging to any class or group of persons -
75. Regulation of quantity, time and place in relation to the movement, sale, processing or acquisition of a regulated product
76. Penalty for exceeding quantities authorized by certain permitsA scheme may empower its control board to recover from a producer who has delivered to the board for sale a larger quantity of a product than he was authorized so to deliver under a permit contemplated in section 72 or 75(2), an amount assessed, on the surplus so delivered, at a rate determined by the board with the approval of the Minister, and to deal with the amount so recovered in such manner as may be prescribed in the scheme or approved by the Minister.
77. Prohibition of the introduction of a regulated product into a defined areaA scheme may empower its control board to prohibit from time to time, with the approval of the Minister, any person from introducing into any area defined by the board, the product to which the scheme relates, except such class or grade thereof as the board has determined or except for such purposes as the board has defined.
78. Directions regarding the export of a productA scheme may empower its control board to direct any person, who exports any product to which the scheme relates, to consign or dispose of any quantity of such product which he exports, to or through the board or such persons or agencies (including an agency established by the board) as it may designate, or to consign any quantity of such product which he exports, to a specified overseas market.
78A. Agreement to market product of the StateA scheme may, subject to the provisions of section 98, empower its control board to enter, with the approval of the Minister, into an agreement with any department of State for the marketing of a quantity of a product produced by the department in question and to which the scheme relates, in such manner and on such conditions as may be mutually agreed upon.[section 78A inserted by Act 68 of 1972]
78B. Agreement to market product produced in adjoining state or territory
78C. Control board may act as agent on behalf of the government of a self-governing territoryA control board may, with the approval of the Minister and at the request of the government of any self-governing territory, exercise any power or perform any function on behalf of such government or of any other competent authority in such territory, which such board is otherwise empowered to exercise or to perform under its scheme or this Act or any regulation made thereunder, and any such power shall be exercised or function shall be performed subject to such conditions as may be agreed upon between the said board and the said government.[section 78C inserted by Act 38 of 1975]
79. Notification of certain decisions of a control boardEvery -(a)levy under section 41 or special levy under section 44;(b)prohibition under section 60(1)(a), 60A, 64(1)(a), 67(1), 69, 70, 71, 72(1), 73(a), 74 or 77;(c)direction, determination, requirement, condition or fixation of a date under section 52(2)(a) or (b), 59(3)(a) or (aA), 60(1)(b), 61(1), 63(1)(a), 65(1)(e), 66(3)(a), 70, 72(1A), 75(1)(a), (b) or (c) or 78; or(d)fixation of fees under section 73(b),shall be made known by the Minister by notice in the Gazette, or, if the Minister so determines, be communicated by the control board concerned to the person or persons affected thereby, by registered post, and shall come into operation on a date specified in the notice or communication.[section 79 substituted by Act 69 of 1970 and amended by Act 31 of 1973]
F. Miscellaneous Provisions
80. Exercise of powers of control board by minister in certain circumstances
81. Certain reports to be submitted to ParliamentThe Minister shall lay copies of every report submitted to him in terms of section 4(5) or 40, and of every report relating to the fixing of prices for any product, submitted to him in terms of section 32, upon the Table of the Senate and of the House of Assembly within fourteen days after receipt thereof, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.[section 81 substituted by Act 109 of 1977]
Part 3 – Marketing matters generally
82. National markThe State President may, by proclamation in the Gazette, prescribe a national mark for application to any product, specified in the proclamation, in connection with its sale in any area or at any place, and may from time to time repeal or amend any such proclamation.
83. Sale of products under the national mark
83A. Inspection marks
83B. Prohibition of the sale, under the name of a product, of any article which is not that productThe State President may by proclamation in the Gazette prohibit the sale, under the name of or as being a product specified or defined in such proclamation, of any article which is not that product or which, if that product is defined as aforesaid or in Schedule 1 or in any proclamation under section 1(2), does not comply with the relevant definition of that product.[section 83B inserted by Act 73 of 1974]
84. Packing and marking of products
84A. Imposition of a levy on a product other than a regulated product
84B. Proceeds of levy to be paid into special account
84C. Utilization of moneys in the special account
84D. Prohibition of the sale of certain products except a particular class, grade, quantity or percentage thereof, or for a defined purposeThe Minister may by notice in the Gazette prohibit producers of a product in respect of which no scheme is in force and which is specified in such notice, from selling in an area or at a place defined in such notice, any quantity of such product except such class, grade, quantity or percentage thereof as may be so specified, or except for such purposes as may be so defined.[section 84D inserted by Act 52 of 1969]
84E. Fixing of the price of a product other than a regulated product
84F. Prohibition of the sale of a product other than a regulated product, except to or through specified persons
85. Designation and powers of inspectors
86. Prohibition of the erection or extension or the use of facilities for handling or storage in bulk of products
87. Prohibition or control of the importation and exportation of products
88. Minister may prescribe rendering of certain returns relating to productsThe Minister may from time to time by notice in the Gazette require every person who, on behalf of a local authority, controls or manages any place, within an area defined in the said notice, where products are habitually sold in public or where livestock is habitually slaughtered, or every person, other than a producer who, in an area so defined, sells, purchases or otherwise deals with any product in his business, to render to the Secretary such periodical returns as may be prescribed in the said notice, respectively of any product or of all products brought to any such place for sale or slaughter thereat as aforesaid, or of any product or of all products which such person sold, purchased or otherwise dealt with as aforesaid.
Part 4 – Regulations and Delegation of Powers[heading substituted by Act 69 of 1970, with capitalisation replicated as in Government Gazette]
89A. Delegation of Minister’s powers
Part 5 – Offences, penalties and other judicial matters
90. Offences and penalties
91. Acts and omissions of managers, agents or employees
92. Additional fines and forfeitures
93. Admissibility of certain statements and recordsAt the trial of any person charged with the commission of an offence under this Act or any scheme or any regulation made under section 89, any statement contained in any return furnished by or on behalf of the accused in terms of this Act or any such scheme or regulation, and any statement or record contained in any book or document kept by the accused, or by any employee or agent of the accused, or which was, at any time, at any place during the occupancy of that place by the accused, shall be admissible in evidence against the accused as an admission of the facts set forth in that statement or record.
94. Proof of certain facts by affidavit
96. Railway Administration protectedNo action shall lie against the Railway Administration by reason of its refusal to transport any product, or to accept any product for transport into or from any such area as is referred to in section 75(1)(a), if the reason for such refusal was the exercise by a control board of the powers conferred on that board by this Act or by any regulations made thereunder.
97. JurisdictionNotwithstanding anything to the contrary contained in any other law, a magistrate’s court shall have jurisdiction to impose any penalty or additional penalty prescribed by this Act or any regulation made or scheme published thereunder, and to make any order of court and give any judgment provided for in this Act.
Part 6 – Miscellaneous matters
98. Certain provisions bind the StateThe provisions of this Act and of any scheme introduced thereunder (other than penal provisions) relating to the imposition or payment of any levy or special levy on a product to which this Act applies, shall bind the State.
99. Application of the Act to the territory
100. Repeal of laws, and savings
101. Short titleThis Act shall be called the Marketing Act, 1968.
History of this document
22 November 1982 this version
Amended by Karakul Pelts and Wool Act, 1982
08 December 1981
Amended by Meat Industry Act, 1981
17 July 1980
Amended by Marketing Amendment Act, 1980
20 July 1977
Amended by Marketing Amendment Act, 1977
09 April 1976
Amended by Marketing Amendment Act, 1976
07 May 1975
Amended by Marketing Amendment Act, 1975
20 November 1974
Amended by Marketing Amendment Act, 1974
18 April 1973
Amended by Marketing Amendment Act, 1973
14 June 1972
Amended by Marketing Amendment Act, 1972
07 July 1971
Amended by Marketing Amendment Act, 1971
07 October 1970
Amended by Marketing Amendment Act, 1970
07 May 1969
Amended by Marketing Amendment Act, 1969
26 June 1968
12 June 1968
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