This, the Code of Conduct of CropLife South Africa ("CROPLIFE"), sets out the Industry and Trade standards for research, development, manufacturing, production, marketing, handling, warehousing and distribution including importation and/or exportation of crop protection products and domestic garden and home products, as defined. The premise on which the Code has been based is:

• In order to feed and clothe the South African nation, primary producers of food and fibre have to rely on crop protection and animal health products not only to produce enough but also to produce the best quality at the lowest possible cost. Because these products are and will remain, vital to the production of food and because they are potentially hazardous when misused a high standard of conduct and practice in research, development, production manufacture, storage, distribution, handling and marketing of these products is required in order to meet the following objectives:
• • to create ready acceptance of and confidence in these products by the users;
  • to minimise the risk of negative results and misuse, thereby protect the interests of the users, the public at large and the environment;
  • to create acceptance by all that the industry is a responsible body.
• The Code shall be binding on the members of CROPLIFE. Crop Protection firms who are not members of CROPLIFE are encouraged also to observe the Code. A firm may elect to be bound by the Code by making an unequivocal announcement to that effect. The firm will then be bound by the Code upon completion of a written agreement with CROPLIFE.
• The Code will be administered and reviewed regularly by the Executive Council, and members are free to make recommendations.
• Member companies will be committed to self-regulation. Where a member becomes aware of a transgression of the Code by a fellow member he shall report it to the Executive Director in writing. Members of the public are also encouraged to report any transgression of the Code to the Executive Director.
• All signatories to the agreement, whether members, shall comply with the provisions of the Code.
• Members shall make an annual declaration signed by the Chief Executive of the member company, to the effect that this Code of Conduct is being complied with and adhered to. They shall also communicate all relevant parts of the Code to their staff. Nothing contained in this clause, however, shall be construed so as to release a member from compliance with the Code.
• All members shall continue to compete with each other and shall comply with the Competitions Act No. 89 of 1998.

• Crop Protection products shall include all products requiring registration in terms of the legislation. This includes:
  • Any substance or mixture of substances intended for preventing, destroying or controlling any pest, including pests, diseases and pathogens of plants, unwanted species of plants or animals impacting on the environment or causing harm during or otherwise interfering with the production, processing, warehousing, distribution, manufacturing, handling or marketing of food, agricultural product, wood, fibre or farm feeds;
  • Substances intended for use as plant growth regulators, defoliants and desiccants, and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport;
  • Agricultural remedies, adjuvants and foliar feeds.
• These terms shall bear the meanings assigned to them in the legislation.
• The crop protection products industry ("the Industry") means all persons qualifying for ordinary membership of CROPLIFE in terms of article 5 of the articles of association.

Unless inconsistent with the subject or context, the following words or phrases shall bear the meanings assigned to them hereunder:

• Accredited course means the Crop Protection Course facilitated and administered by CROPLIFE SA,
• Accredited dealership/distribution outlet means a dealership/distribution outlet nominated by and operating under the guardianship of its primary outlet nominated by and operating under the guardianship of its primary CROPLIFE product supplier,
• Advertising means the promotion of the sale and use of products by print or electronic media, signs, displays, gifts, demonstrations, word of mouth, etc.,
• Articles of Association means the Articles of Association of CROPLIFE,
• Associate Member means a member as defined in the Articles of Association of CROPLIFE,
• CROPLIFE means CropLife South Africa (Non-profit company),
• CropLife AME means the CropLife Africa Middle East,
• Day means any day including a Saturday, Sunday or public holidays,
• Distribution means the process by which these products are supplied through trade channels to local or international markets,
• Environment means surroundings, including water, air, soil and their interaction as well as all relationships between them and any living organisms,
• Executive Council means the Executive Council of CROPLIFE,
• FAO means the Food and Agricultural Organisation of the United Nations,
• Formulation means the combination of the active ingredient with one or more inserts to render a product that is useful and effective for the purpose claimed,
• Good Practice shall include Good Laboratory Practice (GLP), Good Agricultural Practice (GAP) and Good Manufacturing Practice (GMP),
• Hazard means the likelihood that a crop protection product will cause an adverse effect (injury/damage) to human beings, animals, aquatic, bird life, or the environment under the conditions in which it is used;
• The label means the written, printed or graphic matter on, or attached to, the crop protection health product(s), or the immediate container thereof and the outside container or wrapper of the retail package of the product,
• The law means South African law as it is in force from time to time,
• Legislation means the legislation applicable to the industry from time to time and, includes statues and regulations,
• Member means a member of CROPLIFE and also any organisation which voluntarily agrees to be bound by this code,
• Packaging means the container, together with the protective wrapping, used to carry products via wholesale or retail distribution to users,
• Product means the crop protection product in the form in which it is packaged and sold, and which usually consists of or contains one or more active ingredient plus formulation ingredients or additives and may require dilution prior to use,
• Registration means the process whereby the responsible national government authority approves the sale and use of a crop protection product. Registration follows the
• Evaluation of comprehensive scientific data demonstrating that the product is effective, for the purposes intended and not unduly hazardous to human or animal health or the environment;
• Residue means any specified substance in food, agricultural commodities or products resulting from the use of a crop protection product. The term includes any derivatives of a crop protection product such as conversion products, metabolites, reaction products and impurities considered to be of toxicological significance,
• SANS means the South African National Standards of the South African Bureau of Standards,
• Toxicity means the physiological or biological property which determines the capacity of a chemical to do harm to a living organism other than by mechanical means,
• Use pattern means the combination of all factors involved in the use of a crop protection product, including the concentration of the active ingredient in the preparation being applied, rate of application, time/timing of treatment, stage of crop development, number and interval of treatments, use of adjuvants and methods and sites of application which determine the quantity applied, and interval before harvest, etc.,
• WHO means the World Health Organization of the United Nations.

Members shall be bound by the International Code of Conduct on Pesticide Management, but in the event of any conflict between the law and/or these Codes, the order of precedence will be the law, then this Code and then the International Code of Conduct.

Members shall comply with the provisions of the legislation as well as relevant and approved guidelines the purpose of which is, inter alia to safeguard human beings, domestic animals, wildlife and the environment against risk from crop protection products.

It is recognised that the development of resistance of pests/diseases/weeds to products can be a major problem. Members shall, therefore, collaborate with each other as well as the government and other advisory institutions in developing strategies, which will prolong the useful life of products and reduce the adverse effects of the development of resistant organisms. Members shall ensure that sales personnel selling their products support these strategies at all times in line with recommendations and policies of local and international resistance action committees.

• The enforcement of the Code shall be the responsibility of the Executive Council.
• The Executive Council may:
  • on receipt of a written complaint from a member alleging a transgression of the Code; or
  • of its own accord, when it becomes aware of any transgression of the Code submit details of such alleged transgression of the Code to the member concerned and invite a written response from the member concerned, allowing 14 days therefor.
  • Upon receipt of such written response, or should the member concerned fail to respond, the Executive Council may request the member concerned to appear in person before the Executive Council to deal with the complaint received.
  • The President of the Executive Council shall determine the procedure to be followed at the sittings of the Council in line with the principles of fairness.
  • If it is determined by a two-thirds majority of the members of the Executive Council who dealt with the complaint received, that the Code has in fact been transgressed, the Executive Council may impose one or more of the following penalties:
    • A warning
    • A fine of not more than R100 000 (one hundred thousand Rand) payable to CROPLIFE SOUTH AFRICA.
    • Expulsion as a member.
    • An order that the member pay all or a portion of the actual costs and expenses incurred by CROPLIFE in connection with the disciplinary hearing.