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South Africa's Bioprospecting, Access and Benefit-Sharing ...

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My company manufactures a beverage from an indigenous biological resource. Do we need to<br />

apply for a bioprospecting permit<br />

Trade in raw material in its original form (e.g. rooibos) is not considered bioprospecting, but if the resource<br />

is used to make an extract for incorporation into another product it is considered to be bioprospecting. For<br />

example, a bioprospecting permit is needed if the indigenous biological resource is used as a flavourant<br />

in the beverage (e.g. liqueur flavoured with marula extract) or a carbonated drink, fruit juice, cereal, or<br />

porridge flavoured with rooibos tea extract.<br />

FIGURE 6<br />

Guidelines for users<br />

PERMITS ALONG THE VALUE CHAIN<br />

RETAILER –<br />

sells final product in retail outlets<br />

Permitting arrangements:<br />

No permit required.<br />

SECTION 3<br />

INTERNATIONAL BUYER/IMPORTER –<br />

extraction, packaging, marketing<br />

Permitting arrangements:<br />

Permit required. Material transfer agreements<br />

with exporter, benefit sharing agreement with<br />

harvesters <strong>and</strong>/or knowledge holders.<br />

EXPORTER –<br />

sends material abroad in bulk<br />

Permitting arrangements:<br />

Permit required. Material transfer agreements with<br />

processor <strong>and</strong> international buyer.<br />

PROCESSOR/INTERMEDIARY BUYER –<br />

extraction/basic processing/<br />

packaging/marketing<br />

Permitting arrangements:<br />

Permit required. Material transfer agreements with<br />

exporters or other further users.<br />

HARVESTERS –<br />

collect material<br />

Permitting arrangements:<br />

Provincial harvesting permit required.<br />

31

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