Prescribed Transactions

Under section 23 of the Hydroponics Industry Control Act a licence holder must keep the information required by the regulations in relation to each prescribed transaction occurring in the course of, or for the purposes of, the licence holder's business.

prescribed transaction means-
(a) the sale of prescribed equipment (whether by retail or wholesale); or
(b) the purchase of prescribed equipment (whether from a wholesaler or otherwise); or
(c) any other transaction involving prescribed equipment declared by the regulations to be included in the ambit of this definition.

Schedule 2 'Transitional provisions' of the Hydroponics Industry Control Regulations, 2010 allowed certain provisions of the Act to not apply.  These were: 

• Section 21-Purchaser must produce identification
• Section 23-Records of prescribed transactions
• Section 24-Staffing records

As of 1 June 2010, the full Act is operational and all provisions must be complied with.

The records required to be made for a prescribed transaction are contained in Regulation 12 of the Hydroponics Industry Control Regulations, 2010.

Transfer of Records

Section 23(3) of the Act states: A licence holder must transfer to the Commissioner, in accordance with any requirements set out in the regulations, the prescribed particulars in respect of each prescribed transaction.

Upon the grant of a licence under the Act, you will be contacted by a member of the Licensing Enforcement Branch seeking an email address for your business. This address will then be registered with a secure Web based file transfer solution. This will provide you with an encrypted message and file transfer ability similar to sending an email. You will also be provided with a mandatory spreadsheet containing pre-headed data columns outlining the prescribed particulars to be recorded and transferred. This solution will allow only your business and the end recipient within SAPOL to see and read the particulars of your transactions.

Regulation 12(5)(a) states that the prescribed particulars in respect of a prescribed transaction must be transferred to the Commissioner within 72 hours of the prescribed transaction occurring.