Complaint

Complaint number
NTB-000-483  
NTB Type
1.1. Export subsidies  
NTM Code
B33: Packaging requirements 
Complaint
I wish to bring to your attention that Malawi tobacco exports/trucks carrying Malawi tobacco are being held at Beit Bridge, Mesina and have been stuck at the border for over 10 days.
The reasons for the being held are the following:
1. The agent handling the consignment was informed that they should have an import permit, into South Africa, for the packaging that the tobacco was put in. The packaging used is hessian bags. But according to the exporting companies, the hessian bags have also been used to pack tobacco for export and these are internationally accepted packaging material for tobacco.
2. The company managed to get the import permit for the first time since years of exporting to South Africa from the Ministry of Agriculture. The permit is said to have had no mention of packaging material put only importation of tobacco.
3. The truck have still not been cleared even after obtaining the permit because the port officials are now querying why there is disparity in dates between the import permit and the date the tobacco arrived at the Border.
There is need for more clarification as to why the trucks are being held at the border. It is possible to get confirmation that the reason the trucks have been held is that they did not have an import permit for the hessian sack. Secondly, our company has informed us that upon being informed that they didn’t have an import permit for the hessian they went to the Ministry of Agriculture to obtain the permit which was issued and when presented to the border agencies, they were told that they could not release the trucks due to the disparity in the dates of arrival of the trucks and the time the permit was issued. Please we need confirming on these issues.
The company and their counterparts in Pretoria have tried to resolve the matter with Ministry of Agriculture and they have been told that the trucks can be released but the tobacco has now to be fumigated with a particular chemical before it can be allowed to enter in South Africa. The chemical has not been mentioned to the company.
In addition to all this, we have further been informed by the company that they had sent two trucks carrying tobacco through the same route two months ago and all these requirements were not requested by the official and now we are wondering why the sudden change.  
Status note
The Ministry of Agriculture, South Africa explained that the reason for refusing the consignment entry was that the exporter had not complied with South Africa plant health requirements. The consignment was carrying unmanufactured tobacco placed in second hand jute bags. As per the import requirements for entry into the Republic of South Africa, the client prior to export must apply for a Veterinary Import Permit and the relevant authority of the Republic of Malawi must issue a Veterinary Health Certificate. The consignment was therefore detained due to the fact that there was no veterinary import permit for the jute bags upon arrival and that the permit issued by Malawi did not comply with South African requirements. The consignment therefore posed a possible animal health risk with regards to foot and mouth.

The two loads consignment in jute bags from Malawi detained since 4 January 2012 at Beit Bridge Border post were released on 17 January 2012 by the Directorate of Animal Health , Ministry of Agriculture, Forestry & Fisheries , Republic of South Africa under strict conditions to ensure that consignment did not cause risk from foot and mouth disease. The directorate of Animal Health released the consignment on the following conditions:
i. That the consignment are sealed and moved directly to the destined facility in Oudshoom under a Red Cross permit.
ii. Upon arrival, at destination, the state veterinarian must be informed and he has to break the seals.
iii. Offloading and unpacking must take place under the supervision of the responsible person at the facility
iv. The jute bags must be destroyed under official veterinary supervision after offloading and removal of tobacco.

It should be noted that the permit requirement by Animal Health is not a NTB but rather the long time it took to find alternative solution which was only granted on 17 January 2012.

South Africa Requirements for second hand jute bags are as follows:

‘The consignment is to be accompanied by an original Veterinary Health Certificate completed and signed by a Veterinarian authorized thereto by a Veterinary Authority of the exporting country to the effect that the jute4 bags were subjected to the action of formalin fumes (formaldehyde gas) produced by its commercial solution at 35-40% in a chamber kept closed for at least 8 hours and at a minimum temperature of 19 degrees Celsius. The jute bags must then be kept protected from contamination and containerised or loaded onto trucks, covered with tarpaulin and sealed under veterinary supervision’  
Progress update note
 
Policy or regulatory NTB
No 
Location
South Africa: Beit Bridge (Border post)  
Reporting Country or Region
Malawi  
Country specific trade issue
No  
Date of incident
2012-01-03  
Status
Resolved  
Date of resolution
2012-01-25  
Product Description
Unmanufactured Tobacco Not Stemmed or Stripped


 
Total value
0  
Date reported
2012-01-19 16:14  
Modified
2012-03-25 19:43