DEPARTMENT OF AGRICULTURE

DEPARTMENT OF AGRICULTURE

STD No. G 11

AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990)

STANDARDS AND REQUIREMENTS REGARDING CONTROL OF

THE EXPORT OF SOYA BEANS

The Executive Officer: Agricultural Product Standards has stipulated under section 4(3)(a)(ii) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990), the standard regarding the quality of Soya beans and the requirements regarding the packing, marking and labelling thereof.

STD. No. G11

STANDARDS AND REQUIREMENTS REGARDING CONTROL OF THE EXPORT OF

SOYA BEANS AS STIPULATED BY GOVERNMENT NOTICE NO. 1983 OF 23 AUGUST 1991

Stipulation

1. No. 949 of 24 June 2005 (2005-1)

CONTENTS

ITEMSPAGE

Definitions

1

4-6

Scope

2

7

Requirements for approval

3

7-8

Quality standards

4-7

9-10

Requirements for containers

8

11

Packing requirements

9

12

Marking requirements

10-11

13

Sampling

12-14

14-15

Inspection Methods

15-21

16-19

Interpretation of results

22

20

Release of soya beans

23-24

21

Annexure A

22

Definitions

1.In these standards and requirements, unless inconsistent with the context, any word or expression to which a meaning has been assigned in the Act, shall have that meaning and --

“bag" means a bag manufactured from --

(a)jute or phormium or a mixture of jute and phormium; or

(b)polypropene that complies with SABS specification CKS 632;

"bulk container" means any vehicle or container in which bulk soya beans is stored or transported;

"chemical residues" means residues of agricultural remedies which in terms of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), are permissible for the treatment of pests and diseases and which do not exceed the prescribed maximum residue limit;

“consignment" means --

(a)a quantity of soya beans of the same class, which belongs to the same owner, delivered at any one time under cover of the same consignment note, delivery note, or receipt note, or delivered by the same vehicle or bulk container, or loaded from the same bin of a grain elevator or from a ship's hold; or

(b)in the case where a quantity referred to in paragraph (a), is subdivided into different grades, each such quantity of each of the different grades;

“container" means a bag or a bulk container;

"defective soya beans" means soya beans and pieces of soya beans --

(a)which have been damaged by frost, heat or weather;

(b)which have been visibly damaged by insect;

(c)that are contaminated by moulds;

(d)which have a distinctly immature form or which are covered with a whitish membrane; or

(e)of which when the testa is removed, display discolouration, excluding green discolouration;

Provided that soya beans which were damaged by insects in the green pod stage and of which the discolouration as a result of the damage is not larger than half of the surface of the soya beans shall not be deemed as defective soya beans;

"dirty soya beans" means whole soya beans which do not pass through the 4,75 mm round hole screen and which are discoloured by soil or any other agent: Provided that if the discolouration is caused by plant material such soya beans will not be regarded as dirty soya beans;

"foreign matter" means all matter other than soya beans, glass, coal, dung, stones or metal, and includes loose seed coats of soya beans as well as pods;

"insect" in relation to soya beans means any live insect which is injurious to stored soya beans, irrespective of the stage of development of the insect;

“noxious seeds" means seeds or part of seeds of a plant species that may represent a hazard to human or animal health when consumed, including seeds of Argemone mexicana L., Convolvulus spp., Crotalaria spp., Datura spp., Ipomoea spp., Lolium temulentum, Ricinus communis or Xanthium spp.;

“pods" all whole or damaged soya bean pods;

"soya beans" means the threshed seeds of the plant Glycine max and where the word "soya bean" is used in conjunction with the word "consignment" it include matter other than soya beans that is included in a consignment;

"the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990):

"the 4,75 mm round-hole screen" means a screen --

(a)with a flat metal sheet bottom perforated with round holes of 4,75 mm in diameter that are arranged with the centers of the holes at the points of intersection of an equilateral triangular grid with a pitch of 8 mm;

(b)of which the upper surface of the bottom is free from burrs and ragged edges;

(c)the frame of which is at least 40 mm high;

(d)with the inner width of at least 200 mm and the inner length of at least 300 mm, or, in the case of a circular sieve, the inner diameter of at least 278 mm; and

(e)that fits onto a tray with a solid bottom; and

"wet pods" in relation to soya beans, means all whole or damaged soya bean pods with a moisture content higher than the permissible moisture content.

Scope

2.These standards and requirements shall relate to soya beans in respect of which an approval for the export thereof is required in terms of section 4 of the Act.

Requirement for approval

3.(1)An approval referred to in section 4 of the Act may be issued in respect of a consignment of soya beans if --

(a)the soya beans have been classified in accordance with the classes and subclasses set out in item 4 and comply with the standards for classes and subclasses set out in item 5;

(b)the soya beans have been graded in accordance with the grades as set out in item 6;

(c)the soya beans comply with the standards for grades set out in item 7;

(d)the containers in which the soya beans concerned are packed comply with the requirements set out in item 8;

(e)approval has been granted for the release of the soya beans into a ship's hold in accordance with requirements set out in items 23 and 24;

(f)the soya beans are packed in accordance with the packing requirements as set out in item 9;

(g)the containers concerned are marked in accordance with the requirements set out in items 10 and 11;

(h)the samples for inspection are taken in accordance with the requirement as set out in items 12, 13 and 14;

(i)the consignment concerned is inspected in accordance with the methods set out in items 15 to 21;

(j)the results obtained after an inspection, are interpreted in accordance with the requirement as set out in item 22;

(k)the consignment concerned has been presented for inspection in accordance with the Regulations Regarding Control of the Export of Soya Beans; and

(l)an inspector has, after an inspection in terms of the said regulations, found that the provision of these standards and requirements have been complied with in respect of that consignment.

(2)The Executive Officer may grant written exemption, entirely or partially to any person on such conditions as he or she may deem necessary, from the provisions of subitem (1).

QUALITY STANDARDSClasses of soya beans

4.There is one class of soya beans for exports, namely Class SB.

Standards for class

5.A consignment of soya beans is classified as SB if it --

(a)consists of any cultivar of soya beans; and

(b)complies with the standard for the grade of Class SB soya beans set out in item 7.

Grading of soya beans6.Soya beans for class SB shall be graded as Grade SB1.Standards for grades of soya beans

7.Grade SB1 soya beans --

(a)shall be free from musty, sour, khaki-bush or other undesired odour;

(b)shall be free from glass, metal, coal or dung;

(c)shall contain not more noxious seeds than permitted in terms of the Foodstuff, Cosmetics and Disinfectants Act, 1972 (Act NO. 54 of 1972);

(d)shall be free from live insects irrespective whether such insect occur in, on or among the soya beans, in or on bags containing soya beans in or on a bulk container: Provided that a consignment which is rejected due to insect infestation may be presented for inspection again after fumigation with prescribed remedies, and in accordance with acknowledged methods;

(e)shall be free from a substance that renders it unfit for human or animal consumption or for processing into or utilisation thereof as food or feed;

(f)contain no chemical residues which exceed the prescribed maximum residue limit: Provided that --

(i)if the prescribed maximum residue limit of an importing country is lower than is permissible in terms of the Fertilizers, Farm Feeds, Agricultural Remedies Act, 1947 (Act No. 36 of 1947), the prescribed maximum residues limit of the importing country shall be complied with;

(ii)the Executive Officer may grant permission for soya beans with higher maximum residue limit, to be exported to countries where this higher residue limit is permissible: Provided that the export documents are accordingly endorsed with the name of the importing country;

(g)shall have a moisture content of not more than 13 percent;

(h)may comply with the requirements for declared plant injurious organisms of phytosanitary importance as determined by the Senior Manager: Plant Health/South African Agricultural Food, Quarantine and Inspection Services; and

(i)shall not exceed the maximum percentage of permissible deviation as determined in the Table 1 in the Annexure A for the grade.

REQUIREMENTS FOR CONTAINERSGeneral

8.(1)A container, excluding a ship's hold, railway truck or road truck and storage facility, which contain soya beans intended for export shall be suitable, intact (excluding holes made by a grain probe in the case of bags), clean, dry and odourless.

(2)Subject to the provision of subitem (1) a bag which contain soya beans intended for export shall --

(a)be new;

(b)be strong enough for the conveyance of the maximum mass of soya beans that can be accommodated in that bag; and

(c)not be stained by any colouring matter or be impregnated by any liquid capable of imparting stains, excluding normal discolouration due to exposure to the sun.

(3)A ship's hold into which soya beans intended for export is released, shall --

(a)apparently be free from insects; and

(b)reasonably be free from pieces of grain or any other material that may harbour insects.

(4)A storage facility or a railway truck or road truck shall --

(a)apparently be free from insects; and

(b)reasonably be free from pieces of grain or any other material that may harbour insects:

Provided that an inspector may order the exporter or agent to clean, treat or fumigate a contaminated storage facility or railway truck or road truck.

PACKING REQUIREMENTSGeneral

9.(1)Soya beans of different classes, subclasses and grades shall be packed in different containers.

(2)Bags shall be properly closed.

MARKING REQUIREMENTSParticulars

10.Each container or the accompanying export documents of a consignment of soya beans shall be endorsed with --

(a)the name of the product;

(b)the class, subclass and grade of the soya bean;

(c)the name and address of the exporter or the packer: Provided that if the name of and address concerned are indicated in a code, such code shall be registered with the Executive Officer;

(d)the country of origin: Provided that no abbreviation or the expression "South Africa" on its own shall be used;

(e)the producer's code or the silo code which is registered with the Executive Officer by the producer, exporter, packhouse, as the case may be: Provided that: --

(i)if a producer has more than one farm, each farm shall be registered separately; and

(ii)such code shall be preceded by the expression "producer", "silo", "packer", "PUC,", "FBO", as the case may be, or any other suitable term having a similar meaning.

Prohibited particulars

11.No wording, illustration or other device of expression which constitutes a misrepresentation or which directly or by implication, creates a misleading impression of the contents shall appear on a container which contains soya beans.

SAMPLING

12.(1)An inspector shall for the purpose of these standards and requirements draw a random sample of soya beans in the following manner:

(a)In the case of soya beans which is exported in bags, small quantities of soya beans shall be drawn in such a manner from a number of bags which is at least equal to the square root of the total number of bags in the consignment, that the samples drawn will be representative of the whole consignment. These samples shall be collected in a container and mixed thoroughly.

(b)In the case of soya beans which is exported in bulk --

(i)samples of soya beans presented in bulk containers, excluding grain elevators, shall be drawn at each hatch or from at least six different places, chosen at random throughout the full depth of the consignment with a bulk grain probe in such a manner that the samples drawn shall be representative of the contents of the bulk container. The collective sample from each bulk container shall be mixed thoroughly and kept separate for each bulk container for further examination and shall have a total mass of at least 10 kg; and

(ii)samples of soya beans which are loaded from a grain elevator into a ship's hold, or railway truck or road truck shall be drawn at regular intervals at the outflow of the shipping bins on to the conveyor belts in such a manner that the samples drawn shall be representative of the consignment which is loaded. Each separate sample shall be mixed thoroughly before further examination and the collective sample shall have a total mass of at least 10 kg.

(2)An inspector may at any time draw samples of soya beans from any part of a grain elevator.

Deviating sample

13.If an inspector should notice during the course of drawing the random samples or during the inspection that any of the quantities of soya beans taken from any bag or portion of a bulk container are obviously inferior to, or differ from the contents of the container which represent the remainder of the bags or from the other parts of the bulk container the inspector shall draw samples only out of such bags or portion of a bulk container with the inferior or differing soya beans, place them in a container and mix

thoroughly. Samples drawn in this manner shall, in the application of these standards and requirements, be considered as deviating samples and the inspection results shall be based only on samples drawn from the containers of the deviating portion.

Obtaining a working sample

14.A working sample shall be obtained by dividing the random or deviating sample of the consignment according to the ICC (International Association for Cereal Chemistry) 101 (Approved 1960) method.

INSPECTION METHODS

Determination of undesirable odours, harmful substances, noxious seeds, glass, metal, coal, dung and insects

15.(1)A consignment or a sample of a consignment of soya beans shall be assessed or chemically analysed in order to determine whether it --

(a)has musty, sour, khaki-bush or other undesirable odour;

(b)contains soya beans in which or on which substances is found, that renders it unfit for human or animal consumption or for processing into or for utilisation as food or feed;

(c)contains noxious seeds;

(d)contains glass, metal, coal or dung, stones;

(e)contains any insects; and

(f)may contain declared plant injurious organisms of phytosanitary importance.

(2)The results of the determinations in subitem (1) represent the findings in respect of the consignment with regard to the presence of the factors thus determined.

Determination of percentage wet pods

16.The percentage of wet pods in a consignment of soya beans shall be determined as follows:

(a)Obtain a working sample of at least 5 kg soya beans from a representative sample of the consignment.

(b)Remove all wet pods by hand from the working sample and determine the mass thereof.

(c)Express the mass thus determined as a percentage of the total mass of the working sample concerned.

(d)Such percentage represents the percentage wet pods in the consignment concerned.

Determination of percentage foreign matter

17.The percentage foreign matter in a consignment of soya beans shall be determined as follows:

(a)Obtain two working samples of at least 200 g each from a representative sample of the consignment.

(b)Remove all foreign matter by hand from the working samples and determine the mass of the foreign matter in each of the working samples concerned: Provided that stones, other grain and sunflower seed is removed respectively and the mass thereof determined.

(c)Express the mass thus determined as a percentage of the total mass of the working sample concerned.

(d)If the percentages of the working samples differ by more than 0,5 per cent an additional determination shall be performed on another working sample and the provisions of paragraphs (a), (b) and (c) shall mutatis mutandis apply to the additional working sample.

(e)Determine the average of the percentages obtained in paragraph (c) and if applicable, paragraph (d).

(f)Such average represents the percentage foreign matter in the consignment concerned.

Determination of percentage defective soya beans

18.The percentage defective soya beans shall be as follows:

(a)Obtain two working samples of at least 100 g soya beans each, which are free of foreign matter, from the representative sample of the consignment.

(b)Sieve each of the two working samples over the 4,75 mm round hole screen and a pan.

(c)Sort the soya beans on the 4,75 mm round hole screen so that the defective soya beans from each working sample concerned is retained.

(d)Determine the mass of the defective soya beans on the 4,75 mm round hole screen and express it as a percentage of the total mass of the working samples concerned obtain in paragraph (a).

(e)If the percentages of the two working samples differ by more than 0,5 per cent, an additional determination shall be performed on another working sample and the provision of paragraph (a), (b), (c) and (d) shall mutatis mutandis apply to the additional sample.

(f)Determine the average of the percentage obtained in paragraphs (c) and if applicable, paragraph (d).

(g)Such average represents the percentage defective soya beans in the consignment.

Determination of the percentage soya beans and pieces of soya beans that pass through the 4,75 mm round hole screen

19.The percentage soya beans and pieces of soya beans which pass through the 4,75 mm round hole screen shall be determined as follows:

(a)Determine the mass of the soya beans and pieces of soya beans in the pan as obtained according to item 18(a), (b) and (c) and express it as a percentage of the total mass of the working sample obtained in item 18(a).

(b)If the percentage of the two working samples differs by more than 0,5 per cent, an additional determination shall be performed on another working sample and the provisions of paragraph (a) shall mutatis mutandis apply to the additional working sample.

(c)Determine the average of the percentage obtained in paragraph (a) and if applicable, paragraph (b).

(d)Such average represents the percentage soya beans and pieces of soya beans in the consignment which passes through 4,75 mm round hole screen.

Determination of percentage soiled soya beans

20.The percentage soiled soya beans in a consignment of soya beans shall be determined as follows:

(a)Obtain two working samples with a mass of at least 100 g each from the sample of the consignment, from which all foreign matter and pods have been removed.

(b)Remove all soiled soya beans from each of the working samples and determine the mass of the soiled soya beans thus removed.

(c)Express the mass determined in terms of paragraph (a) as a percentage of the total mass of the working sample concerned.

(d)If the percentage of the two working samples differs by more than 0,5 per cent an additional determination shall be performed on another working sample and the provisions of paragraphs (a), (b) and (c) shall mutatis mutandis apply to the additional working sample.

(e)Determine the average of the percentages obtained in paragraph (c) and if applicable, paragraph (d).

(f)Such average represents the percentage soiled soya beans in the consignment concerned.

Determination of moisture content

21.The moisture content of a consignment of soya beans may be determined according to any suitable method: Provided that the results thus obtained are in accordance (± 0,3 per cent) with the results obtained by means of the 72 hour oven dried method (AACC Method 44/15A/1981).

INTERPRETATION OF RESULTSGeneral

22.(1)No consignment may be rejected before a further two analyses are made from an additional sample obtained from the same or an additional random sample: Provided that the average of the results of all such analyses shall be regarded as the result in respect of the consignment concerned.

(2)An inspector shall, if she/he has drawn a deviating sample in accordance with item 13, reject the consignment if the average results of at least two analyses of the deviating sample do not comply with the requirements as stipulated in items 4, 5, 6 and 7.

RELEASE OF SOYA BEANSApplication for release

23.An application for an approval for the release of soya beans shall, in the case where one or more cargo spaces of the ship are to be filled to capacity with such soya beans, be directed in writing by the exporter or agent to the inspector.

Approval of release

24.(1) An inspector issues a certificate as approval of the release of soya beans if the inspector finds that the ship's hold complies with the requirements in item 8(3).

(2)If an inspector finds that the ship's hold does not comply with the requirements in item 8(3), the inspector shall --

(a)issue a certificate to that effect;

(b)re-inspect the ship's hold after the ship's hold has been cleaned, treated or fumigated; and

(c)issue a certificate as an approval for the release of soya beans if she/he has found during the re-inspection that the ship's hold complies with the requirement in item 8(3).

(3)An inspector may at his/her discretion re-inspect the ship's hold if the release of soya beans into the ship's hold occurs more than 96 hours after approval of the ship's hold.

(4)The granting of approval for the release of soya beans shall not serve as an assurance that the ship's hold is free of insects that could infest soya beans in that ship's hold.