Bill Tracker
Commercial and Trade Related Legislation
Department:
Department Trade and Industry
Summary:
The sector code replaces the previous AgriBEE sector code and binds all companies within the sector.
Effect on Agribusiness:
Agribusinesses’ BBEEE rating will henceforth be calculated in terms of the amended scorecard. This is an extremely important regulatory instrument and planning by agribusinesses will have to be adapted to fit into the amended scorecard.
Process:
After years of debate at the AgriBEE Charter Council, the amended code was agreed upon. What followed was an initial publication of the draft scorecard in November 2015 and after a long lapse the final sector code was published on the 8th of December 2017.
Status:
Department:
N/A
Summary:
The Bill seeks to amendment the Agricultural Product Standards Act to provide for the assignment of certain audit and inspection functions to separate entities and for the imposition of an inspection fee.
Effect on Agribusiness:
Agribusinesses that export agricultural products may become subject to product standard audits by assignees. The fees will also have an impact as the state moves towards a total recovery of costs in the event that a product standard audit is required.
Process:
The Bill, originally published for public comment back in 2014, has been submitted to Parliament and will be scrutinised by the Portfolio Committee on Agriculture, Forestry and Fisheries.
Status:
Department:
National Credit Regulator
Summary:
The guidelines introduce timelines and a prescribed form for credit providers to deliver the information to credit bureaus as prescribed in regulation 13(19) to the National Credit Act.
Effect on Agribusiness:
Agribusinesses that provide credit to their members will need to comply with the procedures and timelines stipulated in the guideline.
Process:
Agbiz has worked closely with SACRRA to create a reporting template more suited to agribusinesses. The template has been finalised and onbaording is currently taking place.
Status:
Department:
Competition Commission
Summary:
The Guidelines seek to provide direction as to what information sharing is permitted in terms of the Competition Act, and what information may be deemed to be a restricted horizontal practice.
Effect on Agribusiness:
This guideline will assist agribusinesses and industry associations to remain complaint with the Act whilst sharing information.
Process:
A draft has been published for public comment.
Status:
Department:
Department Trade and Industry
Summary:
The Bill seeks to prevent the sale of liquor within a certain radius of a school and prohibits the sale of certain blended products that do not meet health standards.
Effect on Agribusiness:
This is a sector-specific piece of legislation that is being handled by the Agbiz wine desk at Nedlac.
Process:
This is a sector-specific piece of legislation that is being handled by the Agbiz wine desk at Nedlac.
Status:
Department:
Department of Economic Development
Summary:
The Act amended the Competition Act by expanding the powers of the Competition to conduct market inquiries when investigating an alleged contravention and expand the concept of ‘abuse of a dominant position’ to include the instance whereby dominant players in any industry use their influence to hinder the development of smaller, emerging businesses in the sector. The latter aspect is specifically aimed at promoting transformation by promoting market access for black-owned SMMEs. Effect on agribusiness: Agribusinesses operating in highly concentrated markets will need to take cognisance of the provisions of this Actl and associated regulations.
Effect on Agribusiness:
N/A
Process:
The Act has been assented to and regulations outlining the scope of prohibited conduct ihas also been promulgated.
Status:
Department:
Department Trade and Industry
Summary:
The Act amended the National Credit Act by introducing a one-off ‘debt intervention’ remedy for consumers under a certain threshold, makes provision for ad hoc interventions in the case of natural disasters and expands the powers of the NCR and Tribunal to investigate and suspend reckless credit agreements.
Effect on Agribusiness:
Agribusinesses who provide their clients with a credit facility may be affected by the amendments in so far as micro lending is concerned. The potential for ad hoc interventions during natural disasters could also have a great impact if specific interventions are announced by Government during times of drought for example.
Process:
Unlike the usual process where a Bill is sent to Parliament by a Government Department, the Portfolio Committee initiated the Bill out of their own accord and published it for public comments. The Bill has been passed by Parliament.
Status:
Department:
Department of Agriculture, Forestry and Fisheries
Summary:
The Bill seeks to remove fertilizer products from Act 36 of 1947 and administer same through a dedicated Bill.
Effect on Agribusiness:
The Bill makes provision for new registration requirements, including for raw materials and facilities. The Bill also caters for the assignment of the Regisrar's functions.
Process:
The Bill has been published for public comments. Agbiz, working with the industry body, compiled and submitted comprehensive comments.
Status:
Department:
Department of Agriculture, Forestry and Fisheries
Summary:
The Bill seeks to remove feeds and pet food products from Act 36 of 1947 and administer same through a dedicated Bill.
Effect on Agribusiness:
The Bill makes provision for the assignment of the Registrar's functions.
Process:
The Bill has been published for public comments.