Estimated reading time: 4 minutes
The South African fresh produce sector relies on well-defined regulatory systems to ensure fair trade, accurate quality claims, and consumer protection. Two organisations often mentioned in the same breath – Potatoes SA and Prokon – play crucial yet very different roles in this framework.
Although both operate within agriculture’s statutory environment, their functions, legal mandates, and responsibilities are distinct. This article outlines those differences and explains how Prokon’s inspection system works, particularly in relation to potato producers and the fresh produce markets (FPMs).
Mandate and legal basis
Prokon is an independent, South African National Accreditation System (SANAS)-accredited inspection body responsible for conducting statutory quality inspections on regulated agricultural products, most notably fresh fruit and vegetables. Its authority is grounded in the Agricultural Product Standards Act, 1990 (Act 119 of 1990) and its associated regulations, issued by the National Department of Agriculture (NDA).
This legislation empowers Prokon to:
- Inspect regulated produce offered for sale at national FPMs, as well as at other recognised selling points.
- Verify that produce complies with prescribed grading, labelling, and quality standards.
- Issue inspection reports and certificates of conformity.
The purpose of this inspection regime is to protect buyers, sellers, and consumers by ensuring reliable, transparent, and fair market trade.
Potatoes SA operates under a different piece of legislation, namely the Marketing of Agricultural Products Act, 1996 (Act 47 of 1996). In terms of this Act, the minister of agriculture may authorise industry organisations to administer statutory levies and implement industry development activities.
Potatoes SA’s mandate is industry support rather than enforcement, with a focus on production and market research, transformation and enterprise development, consumer education and market promotion, as well as information and data services for producers. Whereas Prokon focusses on quality compliance, Potatoes SA is dedicated to industry growth.
Addressing historical confusion
In previous decades, agricultural structures were often closely interlinked for reasons of efficiency and communication. This practical overlap sometimes created the perception that roles were shared or coordinated through a single structure.
However, Prokon and Potatoes SA have never had the same mandate, nor have they formed part of the same administrative organisation. Prokon has conducted potato inspections since 1994. In 2017 its mandate expanded to include all other designated locally produced and imported fresh fruits and vegetables.
Although collaboration between industry organisations is common, their statutory purposes have always remained separate.
Prokon’s inspections and fees
Prokon’s inspectors operate at national FPMs and other regulated selling points across the country. Their work includes random sampling of consignments to verify the declared grade, quality assessment using the official product standards for each commodity, and verifying packaging, labelling, and traceability.
In addition, they issue official inspection reports and record findings with market agents and sellers.
Inspections focus specifically on regulated commodities as defined in government notices. This ensures that produce entering the formal market system meets the minimum required standards and that buyers can rely on what is stated on the packaging or docket.
Inspection fees are regulated, published annually, and approved by the NDA through official government notices. They differ for locally produced and imported produce.
- Locally produced fresh potatoes: the original fee structure was published in Government Notice 968 of 2015 (Gazette 39275), with fees updated annually.
- Locally produced fresh fruits and vegetables (other commodities): categories and fees were published in Notice 877 of 2022 (Gazette 46203) and took effect seven days after publication.
- Imported fresh fruits and vegetables: fees were published in Government Notice 1087 of 2020 (Gazette 43803) and are also revised annually.
There is no national, uniform method for fee collection. Instead, two systems are commonly used, depending on the market’s administrative setup. Both methods comply with the legal framework, and the applicable method depends on the specific market’s bylaws and processes.
Direct invoicing: Prokon may invoice the seller or owner directly. This approach is prevalent at private FPMs and is explicitly referenced in Prokon’s own materials.
Deduction through market or agent systems: many municipal markets operate integrated financial systems where market charges, levies, agent commissions and inspection fees are deducted automatically from the sale proceeds during account settlement. Where this system is in place, inspection fees form part of the deductions processed by market agents or authorities.
In conclusion
South Africa’s fresh produce sector is supported by well-defined legislation and clear institutional roles. Prokon ensures that quality standards are upheld at FPMs, protecting both producers and consumers. Potatoes SA, on the other hand, focusses on industry development, research, transformation, and circulating information.
Understanding these distinct roles helps avoid confusion and strengthens the integrity and efficiency of the fresh produce value chain, ultimately benefiting every participant, from producer to consumer. – Jodie Hattingh, Potatoes SA, and Etienne Booyens, Prokon
For more information, send an email to Etienne Booyens at etienne@prokonsa.co.za