3.53.  The MOA is responsible for overall policy and the implementation of SPS measures. Animal health matters are handled by the Ministry's Department of Veterinary Services; plant health issues are the responsibility of the Department of Agricultural Research and Specialist Services; and food safety issues are dealt with by the Department of Environmental Health in the Ministry of Health, although other departments may be involved

3.54.  Lesotho has continued to make efforts to further rationalize SPS matters, including its relevant policy framework. According to the authorities, a Plant Protection Policy was approved by the Cabinet in 2021 to update the 2014 Policy. It is now a working document that is expected to guide the authorities in implementing phytosanitary measures and providing reference for the formulation of relevant legislation. They also note that a Food Safety Policy is in its final drafting stage and is expected to be completed by the end of 2023

All imports of live animals and plants, and all products of animal and plant origin, require an import permit (i.e. an SPS certificate) issued by the MOA through the corresponding department.[41] Imports of genetically modified organisms (GMOs) are basically allowed but require an import permit issued by the Eswatini Environmental Authority. Certification fees apply for animals and animal products, while there are no fees for plant products

3.55.  The broad regulatory framework, in practice, seems to have remained almost unchanged. Food safety issues continue to be regulated through Public Health Order, 1970 (Order No. 12), which provides rules for the storage of foodstuffs and prohibits the sale of food or animal feed in states that make them unfit for human consumption. It obliges food and animal feed traders to take adequate measures to prevent any infection or contamination thereof. The Ministry in charge of health is in charge of implementing the Order. According to the authorities, officers from the Ministry implement food inspection at borders

The Animal Disease Act No. 7 of 1965 (as amended) and its regulations set out provisions for animal disease control. Control measures include monitoring and reporting of diseases, quarantine measures, notification procedures, checks on the importation of animals and animal products, and obligations on animal owners concerning disease prevention and control. The Livestock Identification Act No. 13 of 2001 provides for the identification and traceability of livestock. The Regulation and Control of Veterinary Drugs and Medical Substances Act, 2012 governs the importation, sale, and use of veterinary drugs and medical substances

3.56.  Botswana's SPS regime has remained substantially unchanged since the previous Review. The Ministry of Agriculture remains responsible for adopting and implementing SPS measures. Its Plant Protection Division, which is Botswana's National Plant Protection Organization (NPPO), implements the Plant Protection Act (Cap 35:02), and is the contact point for the International Plant Protection Convention (IPPC). The Department of Veterinary Services and the Department of Animal Production implement the Diseases of Animals Act (Cap 37:01). The Ministry of Health is responsible for food safety and is advised by the National Food Control Board, which comprises government officials from the Ministries of Health, Agricultural Development and Food Security, and Trade and Industry; the Botswana Bureau of Standards; and food industry and consumers

The regulatory framework for plant protection also continues to be governed by the Agricultural Marketing Act, 1967. In principle, the Department of Agricultural Research of the Ministry of Agriculture, Food Security and Nutrition (MAFSN) undertakes measures to safeguard the country against the risks associated with the entry, establishment, or spread of exotic plant pests and diseases. However, it appears that Lesotho was lacking relevant border inspection services until 2019. Lesotho's phytosanitary border inspection services were launched in January 2019, to allow for an effective inspection of plants and plant products before being imported or exported.[22]

The Veterinary Public Health Act, 2013 applies to all animal products for human consumption at the primary production stage. It provides for official inspections of slaughter facilities and food establishments, quality control, and certification. The Act establishes the Veterinary Public Health Unit under the MOA, which has the task of conducting inspections of slaughterhouses and establishments. The Veterinary Field Services Section in the MOA is responsible for handling government quarantine facilities and conducting inspections. All imported livestock, except those brought for immediate slaughter, are subject to a quarantine period of 30 days and must be disembarked directly into the quarantine facilities.[42] Quarantine fees apply. Importers are required to notify the competent veterinary office before animals arrive in the country

3.57.  Botswana's main SPS legislation includes the Plant Protection Act (Cap 35:02) and its regulations; the Diseases of Animals Act (Cap 37:01) and its regulations; the Livestock and Meat Industries Act (Cap 36:03) and its regulations; the Veterinary Surgeons Act (Cap 61:04); the Importation of Bees Act (Cap 49:02); the Food Control Act (Cap 65:05) and food labelling regulations; and the Public Health Act (Cap 63.01).[74]

Imports of agricultural products require the issuance of import permits by the Department of Agricultural Research. Importers can get information regarding relevant imports requirements through a dedicated electronic platform.[23] The issuance of import permits depends on the risk associated with the products. In general, an import permit contains a statement of conditions to be fulfilled before an importation is allowed. As part of SPS requirements for imports (as reported by the International Plant Protection Convention (IPPC)), the consignment must be accompanied by an authenticated phytosanitary certificate issued by the national plant protection organization of the country of origin.[24]

The Plant Health Protection Act (Act No. 3 of 2020) intends to align Eswatini's phytosanitary regime with the International Plant Protection Convention (IPPC) and established the NaPHIS, which became operational in 2021. The NaPHIS has digitalized its treatment of phytosanitary certificates, plant import, and transit permits through the development of an online portal.[43] In the long run, this portal is to be linked to the IPPC's ePhyto hub and to ASYCUDA. The Act is still to be notified to WTO. The Seeds and Plants Varieties Act of 2000, its 2002 Regulations, and the Plant Control Act No. 7 of 1981 remain in force

3.58.  The Ministry of Agriculture remains the national enquiry point and notification authority on SPS matters. Since 2014, Botswana has not submitted any SPS notification to the WTO. The authorities state that they are taking steps to ensure SPS notifications are submitted to the WTO by the end of 2023. Some of Botswana's TBT notifications cover issues related to SPS. For example, in a notification made in 2019, Botswana updated standards that specify, inter alia, compositional requirements to produce raw beef products intended for human consumption. The update took into consideration the Codex standard for contaminants and toxins in food and feed.[75] In 2022, Botswana updated standards specifying requirements to produce whole and dehulled sorghum grains for human consumption, and the Codex standard for pesticide residues in food (maximum residue limits) was taken into consideration.[76]

Lesotho's 2014 Plant Protection Policy document indicates that the country's phytosanitary framework is weak due to understaffed agencies and limited financial resources to prevent the introduction of unwanted pests. This situation, according to the policy document, has contributed significantly to the decline in agricultural production

The Seeds and Plant Varieties Act of 2000 and its regulations outline the requirements, procedures, and practices of the seed value chain. The Act designates the Seed Quality Control Services Section of the MOA as the seed certification agency and testing station. Both importers and exporters must register with the Registrar of Seeds. Any person intending to import seeds must obtain a phytosanitary certificate; the seeds must be of a variety entered in the Recommended Variety List and comply with prescribed requirements. Any person wishing to export seeds must apply for an export certificate from the Registrar, for which inspection and testing may be necessary

3.59.  In a communication to the WTO of September 2017, Botswana informed Members of a suspected outbreak of foot and mouth disease (FMD).[77] Towards the end of 2017, Botswana updated the situation regarding FMD to the WTO that the outbreak was contained and did not affect beef trade in the World Organisation for Animal Health (WOAH)‑recognized FMD‑free zones of Botswana.[78] Botswana also developed a "purified" vaccine against FMD.[79]

The Department of Livestock Services is in charge of administering SPS requirements that pertain to livestock and related products, including meat products. The Animal Disease Act (Act No. 1984) and the Importation and Exportation of Livestock and Livestock Products Proclamation No. 57 of 1952 remain the main legal instruments for the regulation of trade in livestock. The Act allows Lesotho citizens and non-citizens living in Lesotho to import animals and animal‑derived products, which are considered to be safe. The Proclamation prohibits importation of undesirable livestock (defined as livestock of inferior quality) and provides for importation of livestock only if permitted by the Department of Livestock Services. Requirements attached to the issuance of the import permit for livestock, including related fees and required documentation, are published on the eRegulation website. In 2023, the permit fee is LSL 100 for meat and meat products, as well as milk and milk products; LSL 50 per animal for large animals; and LSL 30 per animal for stock and pets.[25] The permit fee for live chickens is LSL 200. In order to obtain an import permit, a transport permit, issued by the MAFSN, is required. A health attestation is also required for import of live animals, offal, and poultry

The Pesticides Management Act, 2017 establishes a Registrar of Pesticides, which should become operational in 2024.[44] The functions of the Registrar include (i) registration, cancellation, and licensing of pesticides; (ii) issuing and revocation of permits and licences; (iii) taking measures for the protection of humans, animals, and the environment from risks of pollution resulting from pesticides; (iv) taking measures to combat pollution created by the use of pesticides; and (v) monitoring the trade, use, and disposal of pesticides. All pesticides must be registered. The Act also establishes a Pesticides Management Board, which shall advise the Government on matters relating to pesticide management

3.60.  Lesotho has no policy document on genetically modified organisms (GMOs). Based on information provided to the FAO on its GMO information platform, Lesotho is currently working on its Biosafety Bill to govern the use and trade of GMOs. For the time being, while it does not produce GMO products, import of genetically modified food or feed is allowed and there is no authorization process.[26] The authorities indicate that the Department of Agricultural Research in collaboration with the Department of Environment has recently undertaken a project to enable the testing of GMOs

Phytosanitary measures are based on international standards or on a pest risk analysis, according to the Plant Protection Act and its regulations. Importers of plants and other plant‑related material must obtain an import permit issued by the Plant Protection Division of the Ministry of Agriculture, and present an original phytosanitary certificate issued in the country of origin

Since its last Review, Eswatini submitted six notifications to the WTO SPS Committee, all of which cover different laws or regulations.[45] No specific trade concerns were raised against Eswatini's SPS measures during the period under review. Eswatini did not raise any specific trade concerns but supported Namibia's concern related to South Africa's revised veterinary health certificates for the import of cattle, sheep, and goats from Botswana, Eswatini, Lesotho, and Namibia.[46]

3.61.  South Africa's main SPS requirements remain the same as at the time of the previous Review.[110] All imported animal, plant, and food products, including those from other SACU members, must meet South Africa's SPS requirements. If a consignment does not meet the import requirements, risk management measures will be undertaken, i.e. the consignment may be treated and released, sent back to the country of origin, or destroyed. An appeal system is available under most of the SPS laws. South Africa actively participates in and gets guidance from the Codex Alimentarius, the World Organisation for Animal Health (WOAH, formerly OIE), and the International Plant Protection Convention (IPPC)

In 2008, an SPS National Committee was created to, inter alia, advise the Government on SPS issues and coordinate the implementation of policies. The Committee is a multi-institutional entity chaired by the MAFSN. Representatives of private sector are also part of the Committee

The Diseases of Animals Act regulates animal disease prevention and control. Import (or export) permits from the Department of Veterinary Services are required for the importation (or exportation) of animals and animal products. Botswana separates the WOAH‑recognized FMD‑free area (no buffalo may enter, as they may carry FMD virus) from the livestock‑free areas (no livestock may enter), with a view to separating livestock and buffalo to prevent the spread of FMD

Eswatini has a mutual recognition agreement on SPS issues with South Africa

3.62.  The Department of Agricultural Research of the MAFSN is Lesotho's national enquiry point for SPS measures.[27] Lesotho has not submitted any notifications on SPS measures to the WTO

All departments responsible for SPS controls transferred their relevant functions to the newly established BMA as from April 2023 (Section 3.1.2). These include the Department of Agriculture, Land Reform and Rural Development (DALRRD) (formerly known as the Department of Agriculture, Forestry and Fisheries (DAFF)); the Department of Health (DoH); and the DTIC (including National Regulator for Compulsory Specifications (NRCS))

Botswana has not yet developed regulations on biotechnology or genetically modified organisms (GMOs). The authorities state that the use of GMO seeds for crop production and feed is not allowed

3.63.  Lesotho is a member of the Codex Alimentarius[28], the World Organisation for Animal Health (WOAH, originally OIE), and the IPPC

South Africa's SPS laws include the Agricultural Pests Act; the Agricultural Product Standards Act; the Animal Diseases Act; the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act; the Foodstuffs, Cosmetics and Disinfectants Act; the Liquor Products Act; the Meat Safety Act; the Medicines and Related Substances Act; and the National Regulator for Compulsory Specifications Act.[111]

3.64.  From 1 January 2014 to 20 July 2023, South Africa submitted 60 SPS‑related notifications to the WTO, including 9 emergency notifications referring to a temporary ban of imports of certain animal, plant, and food products due to the outbreak of various animal or plant diseases.[112] Other notifications relate to amendments of regulations, changes to the certification process, and compulsory requirements or specifications for imports into South Africa. Major amendments to SPS‑related legislation include the following: · In 2017, amendments were made to the National Regulator for Compulsory Specifications Act, 2008, so that for all imports of fish and fishery products and canned meat products, the competent authority in the exporting country must issue a health certificate/guarantee (adhering to the Codex Principles and Code of Practice, etc.) for each consignment exported to South Africa[113]; · In 2021, the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 was amended to include, inter alia, provisions on the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals, and the OECD principles of Good Laboratory Practice[114]; and · In 2022, the Foodstuffs, Cosmetic and Disinfectants Act, 1972 was amended. The amendment focuses on the maximum limits for pesticide residues that may be present in foodstuffs.[115]

3.65.  South Africa is also developing some new legislation related to SPS measures. For example, in 2021, the Plant Health (Phytosanitary) Bill (B14‑2021) was prepared to provide for phytosanitary measures so as to, inter alia, prevent the introduction and spread of regulated pests in the country, and regulate the movement of plants, plant products, and other regulated articles into, within, and out of the country.[116] The authorities state that the Bill was tabled before Parliament for consideration and deliberation

3.66.  At the WTO, four SPS-related specific trade concerns (STCs) were raised by trading partners to South Africa between 2014 and 2023. They are related to general import restrictions due to BSE (ID 362); South Africa's revised veterinary health certificates for the import of cattle, sheep, and goats from Botswana, Eswatini, Lesotho, and Namibia (ID 404); import restrictions on poultry due to highly pathogenic avian influenza (ID 431); import restrictions on bovine meat, pet food, and other by‑products of animal origin (ID 522); and delays in granting SPS access for poultry, beef, pork, fish, and seafood (ID 564).[117]

3.67.  South Africa developed an electronic system for import and/or export certification (eCertification) via the National Plant Protection Organization of South Africa (NPPOZA). The exporting country must provide a phytosanitary certificate that proves to the importing country that its SPS requirements are satisfied. South Africa began the first phase of the migration to the new system in November 2019. In 2022, South Africa developed a module to allow its trading partners to send their electronic phytosanitary certificates (ePhytos), which used to be sent via the IPPC hub, to the NPPOZA directly.[118] The authorities indicate that the eCertification export system is fully functional and South Africa is exchanging ePhytos with all the trading partners

3.68.  The Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997), as amended by Genetically Modified Organisms Act, 2006 (Act No. 23 of 2006), regulates the development and use of GMOs. There has been no amendment to the GMO Act since 2014

3.69.  Under the GMO Act, any activity with GMOs, including importation, exportation, transit, development, production, release, and distribution, is not allowed in South Africa without a permit. In 2022, South Africa published a list of GMO approved activities, where clearance and approval are granted for importation for use as food or feed. From 2001 to 2022, a total of 105 approvals were granted, related mainly to maize (75 approvals), soybean (22), and cotton (4). One approval each was granted to the importation of canola, oilseed rape, rice, and wheat.[119]

3.70.  Since the last Review, Namibia has established a GMO regime, while its SPS regime remains otherwise substantially unchanged. Some of the SPS laws are obsolete, but there are ongoing efforts to review them. Namibia has reactivated its National SPS and Food Safety Committee. The MAWLR is the National Notification Authority and National Enquiry Point for SPS measures. Namibia has submitted one SPS notification, in 2022, regarding trade in controlled agronomic products.[81] No specific trade concern has been raised in the SPS Committee regarding Namibia's SPS measures

In 2021, South Africa made a public notice that the New Breeding Techniques (NBTs) and their products were going to be subject to the regulatory system and the risk assessment framework for GMOs (with revised application templates for contained use, trial release, commodity clearance, and general release). The NBTs provide new methods for genetic engineering and enable the production of a range of innovative products that are differentiated from those generated using early genetic engineering tools.[120]

3.71.  In 2014, the Government adopted the Namibia Food Safety Policy to protect consumer health while facilitating trade in food.[82] The policy seeks to ensure that requirements and controls are developed and respected regarding food production safety, food hygiene, animal health and welfare, plant health, and preventing the risk of contamination from substances. It promotes the principles of risk assessment and prevention, and a "farm to fork" approach. A Namibia Food Safety Council is to be established with the task of coordinating emergency food safety measures and developing draft regulations. There are ongoing stakeholder consultations on a Food Safety and Standards Bill. A key objective of the Food Safety Policy is to address the overlapping mandates on food safety, which is the responsibility of five ministries: · The Ministry of Health and Social Services is responsible for public health. This includes regulations and standards on food offered to consumers, including food service or business premises, such as retail shops, restaurants, or street food. · The MAWLR is responsible for the safe production of food of animal and plant origin, including their primary processed forms. This includes all regulations and standards on fresh produce, grain, insects, eggs, dairy, poultry, and meat. · The Ministry of Fisheries and Marine Resources (MFMR) is responsible for all regulatory activities relating to the food safety and primary handling of fish and fishery products, including chilling, freezing, filleting, transport, and packaging. · The MIT through the Namibia Standards Institute is responsible for developing standards on processing and processed foods, food additives, processing aids in foods, food labelling, and packaging materials. · The Ministry of Urban and Rural Development is responsible for the licensing of food service and food business operators

3.72.  Namibia's livestock and game sector contributes about 70% to agricultural GDP and about half of the agricultural exports, hence the importance of the veterinary regime (Section 4.1.1).[83] In February 2020, Namibia for the first time exported (boneless) beef to the United States

3.73.  The Directorate of Veterinary Services in the MAWLR is responsible for implementing the Animal Health Act, 2011 and related regulations.[84] The World Organisation for Animal Health (WOAH, originally OIE) Animal Health Code is used as the guideline for setting import requirements. Imports of live animals and animal products generally require a veterinary import permit (NAD 50 per permit), a livestock movement permit for purposes of traceability, and in the case of breeding material, a livestock improvement permit is also required. A health certificate is required for the exports of animals, animal products, and restricted material. The MAWLR manages the Namibian Livestock Identification and Traceability System (NamLITS) to provide accurate records of animal disease surveillance, animal movements, and vaccinations in the country

3.74.  Due to sporadic outbreaks of the foot‑and‑mouth disease (FMD) in the Northern Communal Areas (NCAs), a Veterinary Cordon Fence (VCF), also called Red Line, separates the NCAs from the south of the country. This barrier serves to separate areas based on their animal disease status and is recognized by the WOAH. Cattle originating from the NCAs, where FMD is endemic, may not be marketed in the FMD‑free zone, south of the VCF, where FMD vaccination is not permitted. This restriction protects the access for beef produced in the FMD‑free zone to high-value export markets, particularly the European Union and EFTA markets. The most recent outbreak of FMD north of the VCF occurred in October 2022

3.75.  Cattle may only be imported from countries free from bovine spongiform encephalopathy (BSE) and FMD where vaccination is not practised. Live animals are usually only imported from South Africa or occasionally Botswana. In the case of animals/animal products from South Africa, a veterinary import permit is only required for the importation of ostriches, elephants, wild pigs, wildebeest, and buffalo. Imports of other farm animals/animal products are subject to a veterinary movement certificate issued by an official veterinarian in South Africa in accordance with the requirements as set out in the Namibian/South African bilateral agreement. Veterinary staff based at the border are available 24 hours a day to verify compliance with import and export requirements. All shipments of animals or animal products are verified, even if an MRA is in place. In the event of an immediate risk of a disease being introduced or further spread in Namibia, emergency restrictions may be put in place to prohibit imports. Namibia has a regionalization policy in place in case of a disease outbreak

3.76.  Growth‑promoting hormones are banned in animal production, while imports of meat from hormone-treated animals are permitted

3.77.  The Plant Health Division of the MAWLR is responsible for phytosanitary measures, and the safety of wild plant products, honey, and insects. It also administers a permit system for domestic and imported agricultural inputs, as well a database for traceability purposes of registered and imported pesticides, fertilizer, and farm feeds. The phytosanitary regime is governed by, inter alia, the Agricultural Pest Act, 1973 and the Plant Quarantine Act, 2008 (which entered into force in 2012) and the Fertilizers, Farm Feeds, Agricultural Remedies & Stock Remedies Act, 1947. The Plant Quarantine Act and the 1947 Act are currently under review. All imports of plants, plant products, and other regulated articles require a permit issued by the MAWLR (NAD 100, valid for 21 days) and a phytosanitary certificate issued by the plant protection authority of the country of export.[85] The Act also grants the Minister the authority to declare quarantine stations, areas, and pests by notice in the Gazette

3.78.  The National Council for Research Science and Technology is responsible for implementing the GMO regime established under the Biosafety Act, 2006[86], as supported by the Biosafety Regulations of 2016[87] and the GMO Product List No. 267 of 2022.[88] The regime governs the placing on the market, including labelling, of genetically modified products (food and feed), as well as the use of GMOs for purposes of field trials. Imports of GM food or feed require a permit (valid one year) from the Biosafety Council. The National GMO Testing, Training and Research Laboratory was established to ensure compliance with marketing and traceability standards; the lab is seeking international accreditation to ISO/IEC 17025.[89]