LIQUOR
PRODUCTS ACT 60 OF 1989
WINE
OF ORIGIN SCHEME
Published under
Government Notice R1434 in Government Gazette 12558 of 29 June 1990 and
amended by:
GN R837
|
GG 13159
|
19/4/91
|
GN R1039
|
GG 18182
|
8/8/97
|
GN R2842
|
GG 13646
|
29/11/91
|
GN R834
|
GG 18992
|
26/6/98
|
GN R1054
|
GG 13913
|
10/4/92
|
GN R324
|
GG 19839
|
19/3/99
|
GN R2594
|
GG 14267
|
11/9/92
|
GN R19
|
GG 21972
|
12/1/2001
|
GN R3231
|
GG 14425
|
27/11/92
|
GN R829
|
GG 23517
|
21/6/2002
|
GN R546
|
GG 14688
|
2/4/93
|
GN R1306
|
GG 23955
|
25/10/2002
|
GN R1375
|
GG 15014
|
30/7/93
|
GN R1503
|
GG 24119
|
6/12/2002
(Correction notice)
|
GN R1021
|
GG 15761
|
27/5/94
|
GN R1819
|
GG 25837
|
19/12/2003
|
GN R2067
|
GG 16114
|
2/12/94
|
GN R835
|
GG 27933
|
26/08/2005
|
GN R814
|
GG 16457
|
9/6/95
|
GN R813
|
GG 29096
|
11/08/2006
|
GN R1875
|
GG 16855
|
8/12/95
|
|
|
|
I, Jacob de Villiers, Minister of Agriculture acting
under section 14 of the Liquor Products Act, 1989 (Act No. 60 of 1989), on the
recommendation of the Wine and Spirit Board referred to in section 2 of the
said Act, hereby -
(a) establish the
Scheme set out in the Schedule; and
(b) declare that the said Scheme shall come
into operation on 1 July 1990.
J. DE VILLIERS.
Minister of Agriculture.
SCHEDULE
1. Definitions
2. Name
of Scheme
3. Objects
of Scheme
4. Liquor
product to which Scheme applies
5. Authority
for the indication of certain particulars
6. Defining
of areas of production
6A. Registration of units for the production of single vineyard wine
6B. Registration
of units for the production of estate wine
7. Conditions
for certification
8. Requirements
for estate wines
8A. Requirements
for single vineyard wines
9. Requirements
for wines of origin
11. Requirements
for vintage wines
12. Requirements
for special late harvest wines
13. Requirements
for noble late harvest wines
14A. Requirements
for wines from naturally dried grapes
14B. Requirements
for Cape white
14C. Requirements
for Cape ruby
14D. Requirements
for Cape tawny
14E. Requirements
for Cape dated tawny
14F. Requirements
for Cape late bottled vintage
14G. Requirements
for Cape vintage
14H. Requirements
for fino
14I. Requirements
for amontillado
14J. Requirements
for oloroso
14K. Requirements
for pale dry
14L. Requirements
for pale cream
14M. Requirements
for medium cream
14N. Requirements
for full cream
15. Authority
to press grapes
16. Pressing
of grapes
17. Addition
and removal of substances and a application of treatments
18. Determination
of volume
19. Transfers
between premises
20. Combination
and blending of must, sweet reserve and wine
21. Requirements
relating to containers
22. Bottling
of Wine
23. Requirements
relating to labels
24. Indications
on labels
25. Provisional
approval of wine
26. Seals
and marks
28. Samples
and sampling
29. Directives
relating to the recording of particulars
30. Termination
of participation in Scheme
31. Payment
of fees
TABLE 2 - GRAPE CULTIVARS WHICH MAY BE USED FOR THE PRODUCTION OF BLANC DE
NOIR WINE
TABLE 3 - LETTER
SIZES OF PARTICULARS ON LABELS
TABLE 4 - UNACCEPTABLE
QUALITY CHARACTERISTICS OF WINE
TABLE 5 - INDICATION
OF CULTIVARS IN A BLENDED WINE
1. Definitions [To index]
In this Scheme, unless the
context otherwise indicates -
"amontillado" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
14H of this Scheme;
[Definition of
"amontillado" inserted by GN R813/2006]
"area of production" means a geographical unit, region,
district or ward;
[Definition of "area of production"
substituted by GN R1819/2003 and GN R835/2005]
"authority" means an authority granted by the board under section 15 of this Scheme for the pressing of grapes with a
view to the production of wine in respect of which certification is required;
"blanc de noir wine" means wine produced with a view to the
certification thereof as wine complying with the requirements set out in section 14 of this Scheme;
"Cape dated tawny" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
14E of this Scheme;
[Definition of "Cape dated tawny"
inserted by GN R813/2006]
"Cape late bottled vintage" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
14F of this Scheme;
[Definition of "Cape late bottled
vintage" inserted by GN R813/2006]
"Cape ruby" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
14C of this Scheme;
[Definition of "Cape ruby"
inserted by GN R813/2006]
"Cape tawny" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
14D of this Scheme;
[Definition of "Cape tawny"
inserted by GN R813/2006]
"Cape vintage" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
14G of this Scheme;
[Definition of "Cape vintage"
inserted by GN R813/2006]
"Cape white" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
14B of this Scheme;
[Definition of "Cape white"
inserted by GN R813/2006]
"certify" means to authorize the use of particulars referred to
in section 11(3)(a) and (4) of the Act in connection with the sale of wine; and
"certification" has a corresponding meaning;
"class designation", with regard to wine, means a class
designation specified in the regulations made under the Act;
"concentrated must" means the, product obtained through the
partial dehydration of must, and of which the specific gravity is at least
1,24;
"container" means a receptacle with a capacity of not
more than five litres;
"cultivar wine" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
10 of this Scheme;
"define", in relation to an area of production, means defined
in terms of section 6 of this Scheme or deemed in terms of
section 15(2)(a) of the Act to have been so defined; and "defined" has a
corresponding meaning;
"distinctive wine" means wine produced in accordance with
requirements prescribed by the board under section 6(7)(e)
of this Scheme, from grapes harvested on land in respect of which an approval
was given under section 6 (7)(a) of this Scheme;
"district" means an area defined under a particular
name as a district;
"estate"..........
[Definition of "estate" substituted by GN
R814/95 and deleted by GN R1819/2003]
"estate wine" means wine produced with a view to the certification
thereof as wine that complies with the requirements set out in section
8 of this Scheme, and also wine that has been produced on land before it
was registered as a unit for the production of estate wine, if –
(i) the grapes from
which that wine was produced, were harvested under an authority;
(ii) the board is
convinced that such wine would have complied with the requirements set out in section 8 of this Scheme, if the wine was produced after the
land concerned was registered as a unit;
(iii) such unit is
registered in the same calendar year as that of the production of the wine
concerned; and
(iv) any conditions that the board determines in
respect of such wine is met;
[Definition of "estate wine" substituted by
GN R814/95, GN R1819/2003 and GN R813/2006]
"fino
wine" means wine produced with a view to the certification thereof as wine
complying with the requirements set out in section 14H of this Scheme;
[Definition of
"fino wine" inserted by GN R813/2006]
"fortified wine", means wine to which a spirit obtained
from the fermented juice of the product of the vine has been added to such an
extent that the alcohol content thereof is at least 15,0 per cent, but does not
exceed 22,0 per cent.
[Definition of "fortified wine" inserted by
GN R546/93 and substituted by GN R19/2001]
"farmed as a single unit" with regard to a unit that is registered
for the production of estate wine, means that the person in charge of the unit
concerned determines, insofar as it is not in conflict with the provisions of
this Scheme, the requirements relating to-
(a) the vine cultivars to be established on
that unit;
(b) the cultivation practises to be followed in
connection with the growing of grapes on that unit;
(c) the maximum mass of grapes per unit to be
harvested on that unit;
(d) the maximum volume of wine to be produced
per ton of grapes harvested on that unit; and
(e) the processes to be applied with regard to
the production of wine from such grapes;
[Definition of "farmed as a single unit"
inserted by GN R324/99 and substituted by GN R1819/2003]
"full
cream" means wine produced with a view to the certification thereof as wine
complying with the requirements set out in section 14N
of this Scheme;
[Definition of
"full cream" inserted by GN R813/2006]
"geographical unit"
means an area defined under a particular name as a geographical unit;
[Definition of "geographical unit" inserted
by GN R546/93]
"grapes" means fruit of plants of Vitis vinifera;
"label", with respect to a container, means any printing or
writing which appears on the container or is attached to it;
[Definition of "label" inserted by GN R1875/95]
"main label" ……….
[Definition of "main label" deleted by GN
R1875/95]
"main estate" ..........
[Definition of "main estate" substituted by
GN R324/99 and deleted by GN R1819/2003]
"medium
cream" means wine produced with a view to the certification thereof as wine
complying with the requirements set out in section 14M
of this Scheme;
[Definition of
"medium cream" inserted by GN R813/2006]
"must" means the juice of fresh grapes that is in such a
condition that alcoholic fermentation can take place in the undiluted juice;
"natural wine" means wine of which the alcohol content is at least
6,5 per cent but less than 16,5 percent;
[Definition of "natural wine" inserted by
GN R546/93]
"noble late harvest wine" means wine produced with a view to the
certification thereof as wine complying with the requirements set out in section 13 of this Scheme;
"oloroso" means wine produced with a view to the certification thereof as wine
complying with the requirements set out in section 14J
of this Scheme;
[Definition of "oloroso" inserted
by GN R813/2006]
"pale cream" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
14L of this Scheme;
[Definition of "pale cream"
inserted by GN R813/2006]
"pale dry" means wine produced with a view
to the certification thereof as wine complying with the requirements set out in
section 14K of this Scheme;
[Definition of "pale dry"
inserted by GN R813/2006]
"region" means an area defined under a particular
name as a region;
"register" with regard to a unit for the production of –
(a) estate wine,
means registered by the board in terms of section 6B of
this Scheme for the purposes of the production of estate wine; and
(b) single vineyard
wine, means registered by the board in terms of section 6A
of this Scheme for the purposes of the production of single vineyard wine;
[Definition of "register" inserted by GN
R1819/2003 and substituted by GN R813/2006]
"single vineyard wine" means wine produced with a view to the certification
thereof as wine that complies with the requirements set out in section
8A of this Scheme, and also wine that has been produced on land before it
was registered as a unit for the production of single vineyard wine, if –
(i) the grapes from
which that wine was produced, were harvested under an authority;
(ii) the board is
convinced that such wine would have complied with the requirements set out in section 8A of this Scheme, if the wine was produced after the
land concerned was registered as a unit;
(iii) such unit is
registered in the same calendar year as that of the production of the wine
concerned; and
(iv) any
conditions that the board determines in respect of such wine is met;
[Definition of "single vineyard
wine" inserted by GN R813/2006]
"sparkling wines" means wine of the classes that, in terms
of the regulations made under the Act, are known as sparkling wine, extra dry
sparkling wine, dry sparkling wine, semi sweet sparkling wine, sweet sparkling
wine, tank-fermented sparkling wine, bottle fermented sparkling wine and
sparkling wine according to the traditional method;
"special late harvest wine" means wine produced with a view to the
certification thereof as wine complying with the requirements set out in section 12 of this Scheme;
"spirit" means: a spirit obtained from the fermented
juice of the product of the vine;
"sweet reserve" means must that has undergone partial fermentation,
and of which the residual sugar content is at least 130 gram per litre;
"the Act" means the Liquor Products Act, 1989 (Act No. 60 of
1989), and also the regulations made thereunder;
"the board" means the Wine and Spirit Board
established by section 2 of the Act;
"unacceptable quality characteristics" means an unacceptability of a nature
specified in Table 4;
"vintage wine" means wine produced with a view to the certification
thereof as wine complying with the requirements set out in section
11 of this Scheme;
"ward" means an area defined under a particular
name as a ward;
"wine" means the product that complies with the requirements
referred to in section 5 of the Act;
"wine of a geographical unit" ..........
[Definition of "wine of a geographical
unit" inserted by GN R546/93 and deleted by GN R835/2005]
"wine from naturally dried grapes" means wine produced with a view to the
certification thereof as wine that complies with the requirements set out in section 14A of this Scheme;
[Definition of "wine from naturally dried
grapes" inserted by GN R834/98]
"wine of origin" means wine produced with a view to the
certification thereof as wine complying with the requirements set out in section 9 of this Scheme.
2. Name of Scheme [To index]
This Scheme shall be known as
the Wine of Origin Scheme.
[S. 2 substituted by GN R546/93 and GN
R835/2005]
3. Objects of Scheme. [To index]
The objects of this Scheme
are-
(a) to serve as a
basis for the development of the distinctiveness and quality of wines.
(b) to
confirm the correctness of certain indications in connection with the origin
of wine; and
(c) to create
confidence in such indications.
4. Liquor product to which Scheme applies [To index]
This
Scheme shall apply to wine produced from grapes of the vine cultivars specified
in Table 1.
5. Authority for the indication of certain
particulars [To index]
(1) Subject to the provisions of the Act and of
subsection (2), the following particulars may only after certification be used
in connection with the sale of wine:
(a) The name of an
area of production.
(b) The designation
of a vine cultivar specified in Table 1.
(c) Particulars
indicating that wine was produced from grapes harvested in a particular year.
(d) The words "estate",
"landgoed", "origin", "oorsprong", "vintage", "oesjaar", "criadera"
and "solera".
(e) The
class designations of the classes of wines that are known as special late
harvest wine, noble late harvest wine, blanc de noir wine, wine from naturally
dried grapes, Cape white, Cape ruby, Cape tawny, Cape dated tawny, Cape late
bottled vintage, Cape vintage, fino, amontillado, oloroso, pale dry, pale
cream, medium cream and full cream.
(f) The
expressions "single vineyard wine" and "enkelwingerdwyn".
[Sub-s. (1) amended
by GN R546/93, GN R834/98 and GN R835/2005 and substituted by GN R813/2006]
(2) (a) ..........
[Para. (a) amended by GN R324/99 and GN
R19/2001 and deleted by GN R1819/2003]
(b) The expressions
"Paarl" and "Worcester" may also be used without certification in connection
with the sale of wine other than a wine of origin of the area of production
Paarl or Worcester if -
(i) the person
using such expression has obtained a certificate from the Wine and Spirit Board
referred to in section 19 of the Wine, Other Fermented, Beverages and Spirits
Act, 1957 (Act No. 25 of 1957), to the effect that he has prior to 1 January
1972 and since used that expression in connection with the sale of the wine concerned;
(ii) no other
particulars referred to in subsection (1) are indicated on the labels of the
containers of that wine; and
(iii) those labels
have not since 1 January 1972 been altered in any respect other than that
required or permitted under any law.
(c) The expressions
"Paarl" and "Constantia" may also be used without certification in connection
with the sale of wine other than a wine or origin of the area of production
Paarl or Constantia if-
(i) that wine is exported from the Republic to
a country that is not member state of the European Community.
(ii) the person
using such expression has obtained a certificate referred to in paragraph
(b)(i) with regard to that wine; and,
(iii) no other particulars referred to in subsection
(1) are indicated on the labels of the containers of that wine
(d) The vine cultivar designation "hanepoot" may also be used
without certification in connection with the sale of wine, that complies with
the requirements set out in section 10(1)(a), (c) and (d) of this Scheme, if -
(i) no other particulars referred to
in subsection (1) are indicated on the labels of the containers of that wine,
and
(ii) a complete record, is kept in a
manner acceptable to the board, of all the processes in connection with the
production of that wine, with inclusion of the pressing of the grapes that were
used.
[Para. (d) added by GN R2842/91]
(e) The designation of a vine cultivar specified in Table 1 may, in the case of a wine that has been
produced from different vine cultivars and is not destined for certification as
a cultivar wine, also be used in connection with the sale of such wine:
Provided that-
(i) the requirements set out in section 23(4)(e) or 23(4)(eA) of this
Scheme are complied with; and
(ii) that wine is a wine of origin.
[Subpara. (ii) substituted by GN R835/2005]
[Para. (e) added by GN R2842/91, amended by
GN R2594/92 and substituted by GN R834/98]
6. Defining of areas of production [To index]
(1) (a) The
board may by notice in the Gazette-
(i) define areas under
particular names as geographical units, regions, districts and wards; and
(ii) amend or withdraw the
definition of a geographical unit, region, district or ward.
[Para. (a) substituted by GN R1819/2003 and
GN R835/2005]
(b) The
board may in its discretion impose the conditions which shall apply to any such
definition, amendment or withdrawal.
[Para. (b) amended by GNR324/99 and GN
R1819/2003]
(2) (a) Any person desiring a
definition, amendment or withdrawal referred to in subsection (1) shall apply
therefor to the board in writing.
(b) Such application
shall be accompanied by-
(i) the documents required by the
board; and
(ii) the
applicable fee determined by the board for this purpose.
(c) The person
who lodged such application shall, if directed thereto by the board, publish a
notice in a form corresponding with a form obtainable from the board for this
purpose -
(i) setting forth the applicable
particulars of that application;
(ii) containing an invitation to
persons who have objections to the granting of the application concerned, to
lodge their objections, stating full particulars of the reasons therefor, in
writing with the board within 30 days after the date of publication of that
notice.
(d) Such notice shall be published -
(i) once in both official languages
in the Gazette;
(ii) once in one of the official
languages in a newspaper or newspapers determined by the board; and
(iii) once in the other official
language in a newspaper or newspapers determined by the board.
(e) Notwithstanding any provision to the contrary in this
section, the board may also of its own accord define an area of production or
amend or withdraw the definition of an area of production if in its opinion
sound reasons exist therefor.
(3) ..........
[Sub-s. (3) substituted by GN R324/99 and
deleted by GN R1819/2003]
(4) ..........
[Sub-s. (4) substituted by GN R324/99 and
deleted by GN R1819/2003]
(5) ..........
[Sub-s. (5) amended by GN R324/99 and
deleted by GN R1819/2003]
(6) ..........
[Sub-s (6) deleted by GN R835/2005]
(7) (a)
The board may-
(i) after consideration of an
application in this regard, approve that grapes may be grown on specified land
in a district or ward with a view to the production of a distinctive wine of
the district or ward concerned; and
[Subpara. (i) substituted by GN R1819/2003]
(ii) determine the prerequisites that
have to be complied with before the approval of such application will be
considered.
(b) Prerequisites referred to in paragraph (a)(ii) may-
(i) contain an indication of the
persons and bodies that have to be consulted on the application concerned; and
(ii) determine a period during which
the requirements referred to in paragraph (e) have to be complied with in
connection with the production of wine from grapes harvested on the specified
land concerned before the approval of such application will be considered.
(c) An application for an approval in terms of paragraph (a)(i)
shall be made on a form obtainable from the board for this purpose.
(d) Such application shall be accompanied by -
(i) the applicable documents
specified in the form concerned; and
(ii) the
applicable fee determined by the board for this purpose.
(e) When
the board approves an application referred to in paragraph (a)(i), it may
prescribe the requirements that shall apply to the growing of grapes on the
land concerned, and to the production of a distinctive wine from grapes
harvested on that land.
(f) Such requirements may include-
(i) an indication of the vine
cultivars that may be established on the land concerned;
(ii) the cultivation practises to be
followed in connection with the growing of grapes on the land concerned;
(iii) an indication of the maximum mass
of grapes per unit that may be harvested on the land concerned;
(iv) an indication of the maximum
volume of distinctive wine that may be produced per ton of grapes harvested on
the land concerned;
(v) requirements additional to those
specified elsewhere in this Scheme, that have to be complied with in connection
with the production of a distinctive wine from grapes harvested on the land
concerned; and
(vi) an indication of the quality
standards to which the distinctive wine concerned has to comply with.
6A. Registration of units for the production of
single vineyard wine [To index]
(1) (a) The
board may register a single vineyard block, on which a single cultivar is
grown, as a unit for the production of single vineyard wine, and also amend or
withdraw such registration.
(b) The area of a
single vineyard block referred to in paragraph (a) may not exceed six hectares.
(c) The board may in
its discretion impose conditions which shall apply to such registration,
amendment or withdrawal.
(2) (a) Any
person desiring a registration, amendment or withdrawal in terms of subsection
(1) shall apply therefor to the board in writing.
(b) Such application
shall be accompanied by -
(i) the information
required by the board; and
(ii) the applicable
fee determined by the board for this purpose.
(c) Notwithstanding
any provision to the contrary in this section the board may also of its own
accord amend or withdraw the registration of a unit for the production of
single vineyard wine if in its opinion sound reasons exist therefor.
(3) (a) If any
change with regard to the particulars by virtue of which a unit for the
production of single vineyard wine was registered, has occurred or is
envisaged, the applicant concerned or his successor in title shall forthwith
notify the board thereof in writing.
(b) The board
may direct that such notice be dealt with as an application in terms of subsection
(2) for the amendment of the registration of the unit concerned.
[S. 6A inserted by GN R546/93, deleted by
GN R835/2005 and inserted by GN R813/2006]
6B. Registration of units for
the production of estate wine [To index]
(1) (a) The
board may register pieces of land or portions of pieces of land under
particular names as units for the production of estate wine, and also amend or
withdraw such registrations.
(b) The board may in its discretion impose conditions which shall
apply to such registration, amendment or withdrawal.
(2) (a) Any
person desiring a registration, amendment or withdrawal in terms of subsection
(1) shall apply therefor to the board in writing.
(b) Such application
shall be accompanied by-
(i) the documents required by the
board; and
(ii) the applicable fee determined by
the board for this purpose.
(c) Notwithstanding any provision to the contrary in this
section the board may also of its own accord amend or withdraw the registration
of a unit for the production of estate wine if in its opinion sound reasons
exist therefor.
(d) An application for registration referred to in subsection (1)
may only be approved by the board if all the pieces of land or portions of
pieces of land to which that application relate-
(i) apart from roads, railways,
rivers and similar divisions approved by the board, adjoin one another; and
(ii) is farmed as a single unit.
(3) (a) An
application for the amendment of the registration of a unit for the production
of estate wine in order to increase the area thereof shall be approved by the
board only if the piece of land constituting such increase-
(ii) apart from roads, railways,
rivers and similar, divisions approved by the board, adjoin the estate
concerned; and
(ii) is to be farmed as a single unit
along with the other land that already constitutes that unit.
(b) Leased land shall be included in the area of a unit which is
registered for production of estate wine only if the person in charge of the
unit concerned had or will have control over the grapes concerned for at least
one, production cycle before they are utilised for the production of estate
wine.
(4) The person in charge of a unit that is
registered for the production of estate wine shall, when requested thereto by
the board, produce sufficient proof that-
(a) the land comprising the unit concerned or of which it will
consist, is or will be farmed as a single unit; and
(b) in case of leased land, he has had control of the grapes
concerned for one production cycle before they were utilised for the production
of estate wine.
(5) (a) If any
change with regard to the particulars by virtue of which a unit for the
production of estate wine has occurred or is envisaged, the applicant concerned
or his successor in title shall forthwith notify the board thereof in writing.
(b) The board may direct that such notice be dealt with as an
application in terms of subsection (2) for the amendment of the registration of
the unit concerned.
(6) (a)
Subject to the provisions of paragraph (b) an estate which is defined in
terms of section
6 of this Scheme, and of
which the defining is still in force on 1 July 2003, shall be deemed to be
registered as a unit for the production of estate wine under the name under
which it was defined as an estate.
(b) If such estate
consists of one or more pieces of land in addition to the piece of land on
which the cellar is situated that has prior to 1 July 2003 been used for the
production the wine of the estate concerned, such additional land shall be
deemed to be part of the estate concerned for the purposes of paragraph (a)
only if it-
(i) adjoins the land on which the cellar
concerned is situated; or
(ii) is connected to the land on which the cellar concerned is
situated, by means of an adjoining piece or pieces of land that already form
part of the estate concerned.
[S. 6B inserted by GN R1819/2003]
7. Conditions for certification [To index]
(1) Subject to the provisions of subsection
(2), wine may be certified if -
(a) the grapes from which it has been produced, was pressed by
virtue of an authority;
(aA) all tanks, casks and other receptacles used in the production
and storage of the wine concerned, were, to the satisfaction of the board,
gauged and marked to indicate the capacity thereof;
[Subpara. (aA) inserted by GN
R835/2005]
(b) the applicable notices were furnished, permissions were
obtained, particulars were recorded and conditions required by or under this
Scheme were complied with;
(c) the containers of that wine comply with the requirements set
out in section
21 of this Scheme;
(d) the labels of such containers have been approved in terms of section 23(1) of this Scheme;
(e) the wine concerned complies with the applicable requirements
set out in sections 8, 9, 10,
11, 12,
13, 14
or 14A of this Scheme, and has been provisionally
approved in terms of section 25 of this
Scheme;
[Para. (e) substituted by GN R546/93, GN
R834/98 and GN R835/2005]
(f) a seal has been affixed to or a mark has been placed on each
container of that wine in accordance. with the provisions of section 26 of this Scheme;
(g) that wine has been finally approved in terms of section 27 of this Scheme; and
(h) all the other applicable requirements of this Scheme or
determined thereunder have been complied with in connection with the wine
concerned.
(2) The provisions of subsection (1)(c), (d)
and (f) shall not apply to wine intended for export in bulk.
8. Requirements for estate wines [To index]
(1) An estate wine shall comply with the
following requirements:
(a) It shall be produced solely from grapes that were harvested
on land that forms part of a unit that is registered for the production of
estate wine.
(b) It shall undergo all processes up to and including final
approval as contemplated in section 27 of this Scheme, on the unit where those grapes were
harvested.
(c) It shall comply with the appropriate requirements in the Act
for wine or a particular class of wine.
(d) It shall
not display any unacceptable quality characteristics.
[Para. (d) substituted by GN R1819/2003
and, in the English text, substituted by GN R835/2005]
(e) It shall also be a wine of origin.
[Para. (d), in the English text, inserted
by GN R835/2005]
[Sub-s. (1) substituted by GN R1819/2003]
(2) Notwithstanding the provisions of
subsection (1)(a)-
(a) must, concentrated must
or sweet reserve that is added to an estate wine for purposes of sweetening
shall be deemed to have been derived from grapes that were harvested on the
relevant unit that is registered for the production of estate wine, provided
that the total of the products thus added does not constitute more than five
per cent of the volume of the estate wine concerned;
[Para. (a) substituted by GN
R813/2006]
(aA) the board may, in the case of a unit referred to in section 6B(6) of this Scheme, upon application submitted
to it in writing before 1 November 2003, approve that grapes that were
harvested on land that previously formed part of the estate concerned, may
until 30 June 2004 be deemed to have been harvested on the relevant unit that
is registered for the production of estate wine;
(b) a spirit that is added to an estate wine for purposes of
fortification shall be deemed to have been produced from grapes that were
harvested on the relevant unit that is registered for the production of estate
wine; and
(c) concentrated must that
is added before or during alcoholic fermentation to must that is intended for
an estate wine shall be deemed to have been harvested on the relevant unit that
is registered for the production of estate wine.
[Para. (c), in the English text,
substituted by GN R813/2006]
[Sub-s. (2)
amended by GN R1306/2002 and substituted by GN R1819/2003]
(3) Notwithstanding the
provisions of subsection (1)(b), the board may, in the case of an unit referred
to in section 6B(6) of this Scheme, approve in
terms of section 19 of this Scheme that an estate wine be removed
from the unit concerned after all processes up to and including completion or
termination of alcoholic fermentation in that wine have been completed on the
unit concerned: Provided that such approval shall not be granted –
(a) in respect of sparkling
wine according to the traditional method that is intended for certification as
an estate wine;
(b) unless the application
for the approval concerned was submitted to the board in writing before 1
November 2003;
(c) unless a similar
approval could legally have been issued to the producer concerned in terms of
this Scheme before 1 July 2003; and
(d) unless
the wine concerned is certified or returned to the relevant unit prior to 1
July 2004.
[Sub-s. (3) amended by GN R1819/2003 and,
in the English text, substituted by GN R835/2005]
[S. 8 amended by GN R1875/95 and
substituted by GN R324/99]
8A. Requirements
for single vineyard wines [To index]
(1) A single vineyard
wine shall comply with the following requirements:
(a) It
shall be produced solely from grapes that were harvested on a single unit that
is registered for the production of single vineyard wine.
(b) It shall comply
with the appropriate requirements in the Act for wine or a particular class of
wine.
(c) It shall not
display any unacceptable quality characteristics.
(d) It shall also be a
wine of origin.
(2) Notwithstanding
the provisions of subsection (1)(a) -
(a) must,
concentrated must or sweet reserve that is added to a single vineyard wine for
purposes of sweetening shall be deemed to have been derived from grapes that
were harvested on the relevant unit that is registered for the production of
single vineyard wine, provided the total of the products thus added does not
constitute more than five per cent of the volume of the single vineyard wine
concerned;
(b) a
spirit that is added to a single vineyard wine for purposes of fortification
shall be deemed to have been produced from grapes that were harvested on the
relevant unit that is registered for the production of single vineyard wine;
and
(c) concentrated
must that is added before or during alcoholic fermentation to must that is
intended for a single vineyard wine shall be deemed to have been harvested on
the relevant unit that is registered for the production of single vineyard
wine.
[S. 8A inserted by GN R813/2006]
9. Requirements for wines of origin [To index]
(1) A wine of origin of a particular geographical
unit, region, district or ward shall –
(a) subject to the provisions of subsection (2), be produced solely from
grapes harvested in the geographical unit, region, district or ward concerned;
(b) comply with the applicable requirements set out in the Act for wine or
wine of a particular class;
(c) not reveal any unacceptable quality characteristics; and
(d) in the case of a distinctive wine, comply with further requirements
prescribed in respect thereof under section 6(7)(e) of this Scheme.
[Sub-s. (1) amended by GN R829/2002
and substituted by GN R835/2005]
(2) (a) Grapes
harvested on land situate outside a region or district shall, if the grape
harvest of that land has prior to 1 January 1973 and since customarily been
pressed in a cellar in the region or district concerned, be deemed to have been
harvested in that region or district;
(b) Must, concentrated must or sweet reserve added to a wine of
origin for purposes of sweetening shall be deemed to be derived from grapes
harvested within the geographical unit, region, district or ward concerned,
provided that -
(i) in the case of a fortified wine, the total of the
products thus added does not consist of more than 15 per cent of the volume of
the wine of origin concerned; and
(ii) in
the case of a natural wine, the total of the products thus added does not
consist of more than five per cent of the volume of the wine of origin
concerned.
[Para. (b) substituted by GN R546/93 and GN
R813/2006]
(c) A spirit
added to a wine of origin for purposes of fortification shall be deemed to be
produced from grapes harvested within the geographical unit, region, district
or ward concerned.
[Para. (c) substituted by GN R835/2005]
(d) Concentrated must added, before or during alcoholic
fermentation, to must intended for a wine of origin shall be deemed to have
been produced from grapes harvested in the geographical unit, region, district
or ward concerned.
[Para. (d) added by GN R1306/2002 and
substituted by GN R835/2005]
(3) A wine of origin of more than
one area of production may be produced if -
(a) in the case of a blend of wines
from different areas of production -
(i) each of the wines in the blend
has been produced in terms of a separate authorisation; and
(ii) permission to blend the wines
has been obtained in terms of section 20 of this Scheme; and
(b) in the case of a wine produced by
the combining of grapes from different areas of production -
(i) the provisions of sections 15(2)(c) and 16(1)(c)(ii) of this Scheme have been complied with; and
(ii) a
blending and bottling sheet has been issued in respect of the wine in terms of section 16(1)(d)(ii) of this Scheme.
[Sub-s. (3) deleted by GN R829/2002 and
inserted by GN R813/2006]
9A. ..........[S. 9A deleted by GN R835/2005]
(1) A cultivar wine of a particular
vine cultivar shall-
(a) subject to the provisions
of subsection (2), be produced in such a manner that –
(i) until
31 December 2005, at least 75 per cent of the contents thereof consist of wine
produced from grapes of the vine cultivar concerned: Provided that where grapes
of different vine cultivars are combined before, during, or directly after
crushing, at least 80 per cent of the mass of those grapes shall consist of
grapes of the vine cultivar concerned;
(ii) from
1 January 2006, at least 85 per cent of the contents thereof consist of wine
produced from grapes of the vine cultivar concerned: Provided that where grapes
of different vine cultivars are combined before, during, or directly after
crushing, at least 90 per cent of the mass of those grapes shall consist of grapes
of the vine cultivar concerned;
[Para. (a) substituted by GN R3231/92, GN
R834/98 and GN R835/2005]
(b) also be a wine of origin;
[Para. (b) substituted by GN R546/93, GN
R835/2005 and GN R813/2006]
(c) except if it is also a noble late harvest wine, possess the
character that is distinctive of wine produced from grapes of the vine
cultivar concerned;
(d) comply with the applicable requirements set out in the Act
for wine or wine of a particular class; and
(e) not reveal any unacceptable quality characteristics.
(2) (a) Must, concentrated
must or sweet reserve added to a cultivar wine for purposes of sweetening shall
be deemed to be derived from grapes of the vine cultivar concerned, provided
the total of the products thus added does not constitute more than five per
cent of the volume of the cultivar wine concerned.
[Para. (a) substituted by GN R813/2006]
(b) A spirit added to a cultivar wine for purposes of
fortification shall be deemed to be produced from grapes of the vine cultivar
concerned.
(c) Concentrated must added, before or during alcoholic
fermentation, to must intended for a cultivar wine shall be deemed to have been
produced from grapes of the vine cultivar concerned.
[Para. (c) added by GN R1306/2002]
(3) ……….
[Sub-s. (3) substituted by GN
R835/2005 and deleted by GN R813/2006]
11. Requirements for vintage wines [To index]
(1) A vintage wine of a particular year shall -
(a) subject to the provisions of subsection (2), be produced in such a manner
that –
(i) until 31 December
2005, at least 75 per cent of the contents thereof consist of wine produced
from grapes harvested during the year concerned;
(ii) from 1 January 2006, at least 85 per cent
of the contents thereof consist of wine produced from grapes harvested during
the year concerned;
[Para. (a) substituted by GN
R835/2005]
(b) subject to the provisions of subsection (3), also be a wine
of origin;
[Para. (b) substituted by GN R546/93 and GN
R835/2005]
(c) comply with the applicable requirements set out in the Act
for wine or wine of a particular class; and
(d) not reveal any unacceptable quality characteristics.
(2) (a) Must, concentrated
must or sweet reserve added to a vintage wine for purposes of sweetening shall
be deemed to be derived from grapes harvested during the year concerned,
provided the total of the products thus added does not constitute more than
five per cent of the volume of the vintage wine concerned.
[Para. (a) substituted by GN R813/2006]
(b) A spirit added to a vintage wine for purposes of
fortification shall be deemed to be produced from grapes harvested during the
year concerned.
(c) Concentrated must added, before or during alcoholic
fermentation, to must intended for a vintage wine shall be deemed to have been
produced from grapes harvested during the year concerned.
[Para. (c) added by GN R1306/2002]
(3) (a)
The board may on written application by a producer of wine approve in
writing that a particular vintage wine produced by him may be considered for
certification in respect of the vintage year thereof only.
(b) Such approval shall -
(i) be granted only if the producer
concerned has satisfied the board that the non-certification of that vintage
wine as a wine of origin is justified during a particular year or in the long
term; and
[Subpara. (i) substituted by GN R835/2005]
(ii) be granted on such conditions as
the board may in each case determine.
(c) Wine, in respect of which such approval was granted shall
comply with the requirements set out in subsection (1)(a), (c) and (d).
12. Requirements for special late
harvest wines [To index]
A special late harvest wine
shall -
(a) also be a wine of origin;
[Para. (a) substituted by GN R1306/2002 and GN R835/2005]
(b) comply with the requirements for a special
late harvest wine as set out in the regulations made under the Act; and
(c) not reveal any unacceptable quality
characteristics.
13. Requirements for noble late
harvest wines [To index]
(1) A noble late harvest wine shall-
(a) also be a
vintage wine and a wine of origin;
[Para. (a) substituted by GN
R835/2005]
(b) comply with the requirements for a noble late harvest wine as
set out in the regulations made under the Act;
(c) comply with the quality requirements determined by the Board
for a noble late harvest wine; and
(d) not reveal any unacceptable quality characteristics.
(2) ……….
[Sub-s. (2) deleted by GN R19/2001]
14. Requirements for blanc de noir wines [To index]
A blanc de noir wine shall-
(a) be produced solely from grapes of the vine
cultivars specified in Table 2;
(b) also be a wine of origin;
[Para. (b) substituted by GN R546/93 and GN
R835/2005]
(c) comply with the requirements for a blanc de
noir wine as set out in the regulations made under the Act; and
(d) not reveal any unacceptable quality characteristics.
14A. Requirements for wines from
naturally dried grapes [To index]
A wine from naturally dried
grapes shall -
(a) also be a wine of origin;
[Para. (a)
substituted by GN R835/2005]
(b) comply with the requirements for a wine
from naturally dried grapes as set out in the regulations made under the Act;
and
(c) not reveal any unacceptable quality
characteristics.
[S. 14A inserted by GN R834/98]
14B. Requirements
for Cape white [To index]
A Cape white shall -
(a) also be a wine of origin;
(b) comply with the requirements for a Cape
white as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14B
inserted by GN R813/2006]
14C. Requirements
for Cape ruby [To index]
A Cape ruby shall -
(a) also be a wine of origin;
(b) comply with the requirements for a Cape
ruby as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14C
inserted by GN R813/2006]
14D. Requirements
for Cape tawny [To index]
A Cape tawny shall -
(a) also be a wine of
origin;
(b) comply with the requirements for a Cape
tawny as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14D
inserted by GN R813/2006]
14E. Requirements
for Cape dated tawny [To index]
A Cape dated tawny
shall -
(a) also be a wine of origin;
(b) comply with the requirements for a Cape
dated tawny as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14E inserted by GN R813/2006]
14F. Requirements
for Cape late bottled vintage [To index]
A Cape late bottled vintage
shall -
(a) also be a wine of origin;
(b) comply with the requirements for a Cape
late bottled vintage as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14F inserted by GN R813/2006]
14G. Requirements
for Cape vintage [To index]
A Cape vintage shall -
(a) also be a wine of origin;
(b) comply with the requirements for a Cape
vintage as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14G inserted by GN R813/2006]
14H. Requirements
for fino [To index]
A fino shall -
(a) also be a wine of origin;
(b) comply with the requirements for a fino as
set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14H
inserted by GN R813/2006]
14I. Requirements
for amontillado [To index]
An amontillado shall -
(a) also be a wine of origin;
(b) comply with the requirements for an
amontillado as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14I inserted by GN R813/2006]
14J. Requirements
for oloroso [To index]
An oloroso shall -
(a) also be a wine of origin;
(b) comply with the requirements for an oloroso
as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14J
inserted by GN R813/2006]
14K. Requirements
for pale dry [To index]
A pale dry shall -
(a) also be a wine of origin;
(b) comply with the requirements for a pale dry
as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14K
inserted by GN R813/2006]
14L. Requirements
for pale cream [To index]
A pale cream shall -
(a) also be a wine of origin;
(b) comply with the requirements for a pale
cream as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14L
inserted by GN R813/2006]
14M. Requirements
for medium cream [To index]
A medium cream shall -
(a) also be a wine of origin;
(b) comply with the requirements for a medium
cream as set out in the regulations made under the Act; and
(c) not reveal any
unacceptable quality characteristics.
[S. 14M
inserted by GN R813/2006]
14N. Requirements
for full cream [To index]
A full cream shall -
(a) also be a wine of origin;
(b) comply with the requirements for a full
cream as set out in the regulations made under the Act; and
(c) not
reveal any unacceptable quality characteristics.
[S. 14N
inserted by GN R813/2006]
15. Authority to press grapes [To index]
(1) Any person intending to press grapes with a
view to the production of wine intended for certification shall apply for an
authority on a form obtainable from the board for this purpose.
(2) (a) Separate
applications shall thus be made in respect of grapes pressed in the same cellar
with a view to the production of wine in respect of which certification of
different particulars referred to in section 11(3)(a) and (4) of the Act are
required.
(b) If the intention is to combine grapes of
different cultivars before, during or directly after crushing in order to
produce a cultivar wine or to claim that the wine consists of different
cultivars, the application form concerned shall state-
(i) the designations of the cultivars
concerned; and
(ii) the method whereby the mass of
the grapes of each of the various cultivars is to be determined prior to their
addition.
[Sub-s. (2) substituted by GN R834/98]
(c) If the intention is
to combine grapes of different areas of production before, during or directly
after crushing in order to produce a wine of origin of more than one area of
production, the application form concerned shall state -
(i) the names of each of the areas or
production concerned; and
(ii) the
method whereby the mass of the grapes of each of the areas of production is to
be determined prior to their addition.
[Para. (c) inserted by GN R813/2006]
(3) Such application shall be lodged with the
board at least 30 days prior to the expected date on which the pressing of the
grapes concerned will commence.
(4) The applicable fee determined by the board
for this purpose shall be payable in respect of such application.
(5) If the board approves such application -
(a) the additional conditions and requirements determined by the
board, that have to be complied with in connection with the pressing of the
grapes concerned and the production of wine therefrom shall be indicated on the
authority concerned; and
(b) such authority shall be accompanied by a production sheet on
which the holder of the authority concerned shall record the particulars
required in terms of this Scheme or by the board.
16. Pressing of grapes [To index]
(1) The holder of an authority shall-
(a) notify the board at least one working day prior to the date
on which the pressing of the grapes concerned is to commence of the particulars
referred to in subsection (2);
[Para. (a) substituted by GN R834/98]
(b) during the course of each working day
record the applicable particulars in connection with the grapes concerned
pressed during that working day, in duplicate on a press register approved by
the board for this purpose;
(c) (i) daily
determine the total mass of the grapes, particulars of which were thus
recorded, and record it in the press register concerned;
(ii) determine with a calibrated apparatus the mass of
the grapes of each of the different cultivars or areas of production referred
to in section 15(2)(b)
and (c) of this Scheme prior to combining,
and record it daily in the press register concerned;
[Subpara. (ii) substituted by GN R813/2006]
[Para. (c) substituted by GN R834/98]
(d) (i) record such total
mass, the masses of the grapes referred to in paragraph (c)(ii) and the other
required particulars on the applicable production sheet;
(ii) after wine made from the different cultivars or
areas of production referred to in section 15(2)(b) and (c) of this Scheme, has been removed from the
sediment, apply to the board on the form referred to in section 20(3)(a) of this Scheme for the issuing of a
blending and bottling sheet; and
[Subpara. (ii) substituted by GN R813/2006]
(iii) record the particulars referred
to in paragraph (c)(ii) and the other required particulars on such blending and
bottling sheet;
[Para. (d) substituted by GN R834/98]
(e) keep a wine record in a manner determined
by the board, in respect of the must, sweet reserve and wine obtained or
produced from grapes pressed in terms of such authority.
(2) The following particulars shall be furnished
in a notice referred to in subsection (1)(a):
(a) The reference number of the production sheet that accompanied
the authority concerned.
(b) The date on which the pressing of the grapes concerned will
commence.
(c) The designation of the vine cultivar of the grapes
concerned.
(d) The address of the premises at which the grapes concerned
will be pressed.
(e) Whether the grapes concerned are intended for the production
of a special late harvest wine, a noble late harvest wine or a wine from
naturally dried grapes.
[Para. (e) inserted by GN R834/98]
(f) Whether the grapes of
the vine cultivars or areas of production concerned are intended to be combined
as referred to in section 15(2)(b) and (c) of this Scheme.
[Para. (f) inserted by GN R834/98 and
substituted by GN R813/2006]
(3) ……….
[Sub-s. (3) substituted by GN R3231/92 and
deleted by GN R834/98]
(4) (a) Separate
pages in a press register shall be used to record the particulars in respect of
grapes pressed in terms of different authorities.
(b) The holder of an authority shall -
(i) retain such press register at the
premises where the grapes concerned were pressed until the wine produced from
those grapes has been certified or sold otherwise; and
(ii) on request furnish the original
pages in such press register to the board.
(5) No person shall utilize a pressing
machine used for the pressing of grapes to which an authority relates, on the
same day for the pressing of other grapes, unless -
(a) the board has on request by the holder of that authority
consented thereto; or
(b) the pressing of the grapes concerned have been completed
during that day.
17. Addition and removal of substances and a
application of treatments [To index]
(1) (a) Except
where expressly provided otherwise in this section, the applicable provisions
of the Act with regard to the addition and removal of substances to and from
must and wine and the application of treatments to must and wine shall apply mutatis
mutandis to must and wine obtained or produced from grapes pressed in terms
of an authority.
(b) The holder of an authority shall record full particulars of
each such addition, removal or treatment on the production sheet and wine
record kept in respect of the must and wine concerned.
(c) Particulars recorded in terms of paragraph (b) shall
include:
(i) The name and address of the supplier of
each substance used for such addition, removal or treatment.
(ii) The nature of each substance used for such
addition, removal or treatment.
(iii) The volume or quantity of each such
substance acquired from the supplier.
(iv) The supplier's batch or lot number of each
such substance.
(v) The date of delivery by the supplier of
each such batch or lot of the substance.
(vi) The volume or quantity of each such
substance used in such addition, removal or treatment.
(vii) The date each such
substance was used in such addition, removal or treatment.
[Para. (c) inserted by GN
R813/2006]
(2) (a) A pure
culture of yeasts or bacteria added to must or wine obtained or produced in
terms of an authority shall -
(i) not be of such a nature that it
will alter the character that is distinctive of the wine concerned,
(ii) in the case of an estate wine,
subject to the provisions of paragraph (b), be prepared in the cellar that is
situated on the relevant unit that is registered for the production of estate
wine, from grapes that were harvested on the unit concerned and, in the case of
a wine of origin, be prepared from grapes that were harvested in the
geographical unit, region, district or ward concerned;
[Subpara. (ii)
substituted by GN R546/93, GN R1819/2003 and GN R835/2005]
(iii) in the case of a cultivar wine,
not constitute more than five per cent of the volume of the must or wine to
which it is added, unless it was prepared from grapes of the grape cultivar
used for the production of that cultivar wine; and
(iv) in the case of a blanc de noir
wine, not constitute more than five per cent of the volume of the must or wine
to which it is added, unless it was prepared from grapes of a vine cultivar
specified in Table 2.
(v) in the case of a single vineyard wine, not constitute more than five per
cent of the volume of the must or wine to which it is added, unless it was
prepared from grapes that were harvested on the relevant unit that is
registered for the production of single vineyard wine.
[Subpara. (v)
inserted by GN R546/93, deleted by GN R835/2005 and inserted by GN R813/2006]
(b) (i) Not more than 200
litres of pure cultures of yeasts and bacteria not complying with the
requirements set out in paragraph (a)(ii), may during any particular year be
added in total to all the must and wine obtained or produced on a unit that is
registered for the production of estate wine.
(ii) Such volume of pure cultures of yeasts and bacteria shall be deemed to
have been prepared from grapes harvested on the unit that is registered for the
production of estate wine concerned.
[Para. (b)
substituted by GN R813/2006]
(3) (a) The
addition of concentrated must to wine produced from grapes pressed in terms of
an authority shall only be made in accordance with the provisions of section 20 of this Scheme.
(b) The provisions of paragraph (a) shall, unless the board
determines otherwise in a particular case, apply mutatis mutandis to
sweet reserve.
(4) (a)
If it is necessary to supplement any loss in volume, topping wine may be
added to wine produced in terms of an authority and kept in a wooden cask,
cement tank or other bulk container.
(b) Such topping wine shall -
(i) in the case of a blanc de noir
wine, be produced from grapes of a vine cultivar specified in Table 2; and
(ii) otherwise not be of such a nature
that it will alter the distinctive character of the wine to which it is added.
(c) The volume of topping wine added to wine in terms of paragraph
(a) during a particular year shall-
(i) in the case of wine kept in a
wooden cask or cement tank, not exceed three per cent of the volume of the wine
concerned; and
(ii) otherwise not exceed one per cent
of the volume of the wine concerned.
18. Determination of volume [To index]
(1) The holder of an authority shall-
(a) at the time specified in subsection (2), determine the
volume of the sweet reserve and wine obtained or produced in terms of that
authority; and
(b) record the applicable particulars in connection therewith on
the production sheet and wine record kept in respect of the sweet reserve and
wine concerned.
(2) Such determination of volume shall be made
on 1 June of the year in which the grapes concerned were pressed, or-
(a) in the case of sweet reserve, on the date on which-
(i) alcoholic fermentation therein
has been completed or terminated;
(ii) it is added to wine for purposes
of sweetening; or
(iii) it is removed from the premises
at which the grapes concerned were pressed; and
(b) in the case of wine, on the date on which alcoholic
fermentation therein has been completed or terminated and that wine is removed
from the sediment,
whichever date may be the
earlier.
19. Transfers between premises [To index]
(1) (a) No
person shall without the written permission of the board transfer any must,
sweet reserve or wine obtained or produced in terms of an authority, from one
premises to another:
(b) Subject to the provisions of section 8(3)(d) of this Scheme wine which is transferred in terms of
such permission shall not be considered for certification as an estate wine.
[Sub-s. (1) substituted by GN R1819/2003]
(2) (a) The
board may on application grant written exemption from the provisions of
subsection (1) to a person intending to transfer wine to other premises for the
purposes of bottling.
(b) The holder of an exemption referred to in paragraph (a) shall
at least one working day prior to the intended date of each such transfer
notify the board thereof.
[Para. (b) substituted by GN R1819/2003]
(c) No alcoholic fermentation shall occur in such wine during or
after transfer.
(d) Wine thus transferred shall not be removed from the premises
to which it has been transferred, unless -
(i) it has been certified; or
(ii) it is returned to the cellar from
which it was transferred.
(e) If wine is thus returned, the person who receives that wine
shall forthwith notify the board thereof.
(3) (a) An
application for a permission referred to in subsection (1) shall be made on a
form obtainable from the board for this purpose.
(b) Such application shall-
(i) be made by the person intending
to receive the must, sweet reserve or wine concerned after the transfer
thereof; and
(ii) be lodged with the board at least
seven working days prior to the intended date of transfer.
(c) The applicable fee determined by the board for this purpose
shall be payable in respect of such application.
(4) A permission referred to in subsection (1)
shall be issued by the board only if -
(a) in the case of must, that must is intended for the production
of a wine of origin, and is to be transferred from one cellar to another in the
same geographical unit, region, district or ward;
[Para. (a) substituted by GN R546/93 and GN R835/2005]
(b) in the case of sweet reserve, alcoholic fermentation therein
has been completed or terminated.
(c) ..........
[Para. (c) deleted by GN R1819/2003]
(d) in the case of wine that is not intended for certification as
an estate wine, alcoholic fermentation therein has been completed: Provided
that the board may in its discretion grant exemption from this provision.
[Para. (d) substituted by GN R1819/2003]
(5) If the board approves an application
referred to in subsection (3) -
(a) the additional conditions and requirements determined by the
board, that have to be complied with in connection with the transfer and, if
applicable, the further production processes of the must, sweet reserve or
wine concerned shall be indicated on the permission concerned; and
(b) such permission shall, in the case of must, be accompanied by
a production sheet, and otherwise by a stock sheet.
(6) The person in charge of the cellar from
which must, sweet reserve or wine was transferred in accordance with the
provisions of this section shall record the applicable particulars of such
transfer on the production sheet or stock sheet and wine record kept in respect
of that must, sweet reserve or wine.
(7) The recipient of must, sweet reserve or
wine transferred in terms of a permission referred to in subsection (1) shall -
(a) forthwith notify the board of the receipt thereof;
(b) upon receipt thereof record the applicable particulars in
connection therewith on the production sheet or stock sheet provided to him in
terms of subsection (5)(b);
(c) use such production sheet or stock sheet to record the particulars
which are otherwise to be recorded by the holder of an authority; and
(d) keep a wine record in accordance with the provisions of section 16(1)(e) of this Scheme.
20. Combination and blending of must,
sweet reserve and wine [To index]
(1) Subject to the provisions of subsection
(2), no person shall without the written permission of the board-
(a) add any must, sweet reserve or wine, whether obtained or
produced in terms of an authority or not, to any must, sweet reserve or wine
obtained or produced in terms of an authority, or blend it therewith; or
(b) add any concentrated must to must, sweet reserve or wine
obtained or produced in terms of an authority.
(2) A permission referred to in subsection (1)
shall not be required in the case of -
(a) the addition of topping wine to wine in accordance with the
provisions of section
17(4) of this Scheme; and
(b) the combination of must, sweet reserve and, subject to the
provisions of subsection (5) and section 23(4)(e) of this Scheme, wine obtained or produced in terms of
different authorities, if-
(i) it is fermented, kept,
precipitated, treated, processed, prepared or matured in the same cellar; and
(ii) the wines that could have been
produced in terms of the respective authorities could have been certified in
respect of the same particulars.
[Para. (b) amended by GN R546/93]
(3) (a)
An application for a permission referred to in subsection (1) shall be
made on a form obtainable from the board for this purpose.
(b) Such application shall -
(i) be made, by the person intending
to make such addition, combination or blend; and ,
(ii) be lodged with the board at least
three working days prior to the intended date of addition, combination or
blending.
(c) The applicable fee determined by the board for this purpose
shall be payable in respect of such application.
(4) Unless the, board determines otherwise, the
addition of sweet reserve to wine shall be approved only if -
(a) it is to be thus added for purposes of sweetening;
(b) in the case of an estate wine, that sweet reserve has also been obtained
from grapes harvested on the relevant unit that is registered for the
production of estate wine;
[Para. (b) substituted by GN R
813/2006]
(c) in the case
of a wine of origin, that sweet reserve has also been obtained from grapes harvested
in the geographical unit, region, district or ward concerned;
[Para. (c) substituted by GN
R835/2005]
(d) in the case of a cultivar wine, that sweet reserve-
(i) has been obtained from grapes of
the grape cultivar concerned; or
(ii) is otherwise of such a nature
that is will not alter the character that is distinctive of the cultivar wine
concerned;
(e) in the case of a vintage wine, that sweet reserve-
(i) has been obtained from grapes
harvested during the year concerned; or.
(ii) is otherwise of such a nature
that it will not alter the character that is distinctive of the vintage wine
concerned; and
(f) in the case of a blanc de noir wine, that sweet reserve has
been obtained from grapes of a vine cultivar specified in Table 2, or otherwise does not exceed five per
cent of the volume of the blanc de noir wine concerned.
(g) in the case of a single
vineyard wine, that sweet reserve has also been obtained from grapes harvested
on the relevant unit that is registered for the production of single vineyard
wine.
[Para. (g)
inserted by GN R546/93, deleted by GN R835/2005 and inserted by GN R813/2006]
(5) ……….
[Sub-s. (5) deleted by GN R19/2001]
(6) If the board approves an application
referred to in subsection (3) -
(a) the additional conditions and requirements determined by the
board, that have to be complied with in connection with the addition,
combination or blending concerned shall be indicated on the permission
concerned; and
(b) such permission shall, in the case of a blending, be
accompanied by a blending and bottling sheet.
(7) The person in charge of the cellar at which
an addition, combination or blending of must, sweet reserve or wine is done in
accordance with the provisions of this section shall record the applicable particulars
thereof on the production sheet, stock sheet or blending and bottling sheet
provided to him in terms of this Scheme, as well as on the wine record kept by
him in terms of this Scheme: Provided that in the case of a combination, such
particulars shall only be recorded on one of the sheets concerned.
21. Requirements relating to
containers [To index]
(1) Subject to the provisions of subsection
(2), no person shall use containers for the bottling of wine intended for
certification, unless-
(a) the containers concerned are manufactured from glass; and
(b) the capacity of those containers does -
(i) in the case of sparkling wines,
not exceed three litres each;
(ii) in the case of containers that
are exact enlargements according to scale of the traditional claret, hock or
burgundy bottle and are provided with cork closures, not exceed five litres
each; and
(iii) otherwise not exceed two litres
each.
(2) The board may on application grant written
exemption from the provisions of subsection (1).
22. Bottling of wine [To index]
(1) A person intending to bottle wine that has
been produced in terms of an authority shall notify the board at least three
working days prior to the date on which the bottling of that wine is to
commence, of the particulars referred to in subsection (2).
(2) The following particulars shall be
furnished in a notice referred to in subsection (1):
(a) The reference number of the production sheet, stock sheet or
blending and bottling sheet on which the particulars in respect of the wine concerned
are recorded at that stage.
(b) The date on which the bottling of that wine will commence.
(c) An indication of the particulars in respect of which
certification with regard to that wine will be required.
(d) The identification number of the tank or other bulk container
in which the wine concerned is kept at that stage.
(e) The total volume of the wine to be bottled.
(f) The capacity of the containers in which that wine is to be
bottled.
(g) The address of the premises at which that wine is to be
bottled.
(3) If the particulars in respect of such wine
are recorded on a production sheet or stock sheet, the board shall issue a
blending and bottling sheet in respect thereof to the person who furnished the
notice concerned.
(4) The person who furnished a notice referred
to in subsection (1) shall-
(a) during the course of each working day record the applicable
particulars in connection with the bottling of the wine concerned on the
blending and bottling sheet and wine record kept in respect thereof; and
(b) immediately after bottling identify the containers in which
the wine concerned was bottled -
(i) by affixing
thereto the labels approved in terms of section 23 of this Scheme for use in connection with that wine;
(ii) by affixing thereto stickers on
which the reference number of the blending and bottling sheet concerned and the
date of bottling of that wine are indicated; or
(iii) in another manner approved by the
board after consideration of a written request by the person concerned.
23. Requirements relating to labels [To index]
(1) No person shall affix a label to a
container of wine intended for certification unless the board has approved such
label for use in connection with the wine concerned.
(2) An application for an approval referred to
in subsection (1) shall -
(a) be made on a form obtainable from the board for this purpose;
and
(b) be accompanied by five specimens of each of the labels to be
affixed to the containers of the wine concerned.
(3) Such application shall be approved only if
the board is of the opinion that -
(a) the applicable particulars required by the Act are indicated
on the labels concerned in the manner required by the Act;
(b) the applicable particulars referred to in section 24 of this Scheme are indicated on the labels
concerned in the manner required in that section; and
(c) any other word, expression, illustration or depiction on the
labels concerned complies with the requirements set out in subsection (4).
(3A) Notwithstanding the provisions of subsection
(3)-
(a) the Board may, in
the case of a label on a container of wine destined for export which fails to
meet the requirements referred to in that subsection, on the conditions it
deems fit, approve an application in respect of such a label; and
(b) the board shall approve a label on a container of a wine
other than an estate wine, which was produced in a cellar on a unit which is
registered for the production of estate wine, only if it does not in any way
whatsoever contain the words 'estate' or 'landgoed'.
[Para. (b) substituted by GN R1819/2003]
[Sub-s. (3A) inserted by GN R837/91 and
substituted by GN R324/99]
(4) A word, expression, illustration or
depiction referred to in subsection (3)(c) shall comply with the following
requirements:
(a) It may not qualify the certification of the wine concerned or
be in conflict with such certification.
(b) It may not be derogatory, inaccurate, untrue or vague with
regard to the certification of the wine concerned or of wine in general.
(c) It may, in the case of a wine of origin of a particular
geographical unit, region, district or ward, not be the name of any other
geographical unit, region, district or ward or consist partially thereof unless
it is indicated on the back labels of the containers of that wine.
[Para. (c) substituted by GN R1819/2003 and
GN R835/2005]
(cA) ……….
[Para. (cA) inserted by GN R546/93 and
deleted by GN R1039/97]
(cB) ..........
[Para. (cB) inserted by GN R546/93,
substituted by GN R1819/2003 and deleted by GN R835/2005]
(d) It may, in the case of the deformation of the name of an area
of production, consist only of the addition of the suffixes "-er" or "-se" to
that name.
(e) In the case of a wine, not indicated as a
cultivar wine, it may indicate the cultivars from which that wine was blended:
Provided that –
(i) each of the wines in the relevant
blend has been produced in terms of a separate authorization: Provided that the
Board may approve a deviation from this requirement on condition that this
shall not influence the method of indication intended in subparagraph (iii);
(ii) permission to blend the relevant
wines has been obtained in terms of section
20 of this Scheme; and
(iii) under the
conditions stated in column 1 of Table
5, the relevant cultivars are indicated in the way
determined in column 2 of the said Table.
[Para. (e) amended by GN R2842/91, GN
R1054/92, and GN R546/93 and substituted by GN R1875/95]
(eA) It may, in the case of a wine not indicated
as a cultivar wine and produced by the combining of grapes of different
cultivars as referred to in section 15(2)(b) of this Scheme, indicate the designation of those
different vine cultivars if a blending and bottling sheet has been issued in
respect of the wine in terms of section 16(1)(d)(ii) of this Scheme: Provided that the provisions of
paragraph (e)(iii) shall apply mutatis mutandis to the indication of the
designations of those different vine cultivars.
[Para. (eA) inserted by GN R2594/92,
deleted by GN R1875/95 and inserted by GN R834/98]
(f) It may, in the case of a cultivar wine produced solely from
grapes of the vine cultivar concerned, indicate this fact on the back labels
of the containers of that wine.
(fA) It may, in the case of a cultivar wine, not indicate that wine
consists of a blend of wines which were produced from grapes of different vine
cultivars.
[Para. (fA) inserted by GN R1021/94]
(g) It may, in the case of a wine blended solely from different single
vineyard wines, indicate this fact on the labels of the containers of that
wine.
[Para. (g) substituted by GN R3231/92,
deleted by GN R324/99 and inserted by GN R813/2006]
(h) It may, in cases other than those referred to in paragraphs
(e) and (f), indicate the designation of a vine cultivar on a back label if
such indication has been approved by the board on the conditions which it deems
fit.
[Para. (h) inserted by GN R837/91]
(i) ……….
[Para. (i) inserted by GN R3231/92 and
deleted by GN R324/99]
(5) The board may refuse an application for the
approval of a label on the ground that it is of the opinion that any
particulars on that label are indicated in such a manner that it constitutes a
contravention of section 12 of the Act.
(6) ……….
[Sub-s. (6) deleted by GN R2594/92]
24. Indications on labels [To index]
(1) (a) The
following particulars shall be indicated on the labels of the containers of an
estate wine:
(i) The name under which the relevant
unit for the production of estate wine has been registered.
[Subpara. (i) substituted by GN R1819/2003]
(ii) The expression "estate wine" or
"landgoedwyn".
(iii) The particulars required in terms of subsection (2).
[Subpara. (iii) deleted by GN R1021/94 and
inserted by GN R813/2006]
(b) If a trade name as defined in section 2(1)
of the Trade Marks Act, 1963 (Act No. 62 of 1963), is indicated on the label of
an estate wine in addition to a name referred to in subsection (1)(a)(i), the
word "estate wine" or "landgoedwyn" referred to in subsection (1)(a)(ii) shall
be indicated immediately above or below or next to the name concerned, unless
the board is satisfied that the trade name concerned clearly cannot be seen as
the name under which the relevant unit for the production of estate wine is
registered.
[Para. (b) substituted by GN R3231/92 and
GN R1819/2003]
(c) The label on the container of a wine of origin may also
indicate the name of the geographical unit, region or district within which the
production area concerned is situated, in which case the provisions of
subsection (6)(c)(v) are not applicable to the indication of the name of such
geographical unit, region or district.
[Para. (c)
deleted by GN R1021/94, added by GN R1306/2002 and substituted by GN R835/2005]
(d) ..........
[Para. (d)
substituted by GN R1021/94, GN R1875/95 and GN R1819/2003 and deleted by GN R835/2005]
(2) (a)
The
following particulars shall be indicated on the labels of the containers of a
wine of origin:
(i) The name under which the geographical unit, region, district or ward
concerned is defined.
(ii) The expression "wine of origin" or "wyn van oorsprong" or the
abbreviation "W.O.": Provided that until 31 December 2007 this expression or
abbreviation need not be indicated on the labels of the containers of a wine of
origin of a geographical unit.
[Para. (a) substituted by GN R835/2005]
(b) The expression or abbreviation referred to in paragraph
(a)(ii) shall be indicated immediately above or below or next to the defined
name of the region, district or ward concerned.
(c) In the case of a wine of origin of more than one area of production,
immediately above or below or next to the expression or abbreviation referred
to in paragraph (a)(ii), the name of each of the different areas of production
shall be indicated -
(i) in descending order according to the
volume of each of the wines of the different areas of production if the volume
of each wine of the different areas of production is 30 per cent or more of the
total volume of the wine concerned; or
(ii) together with the
volume of each of the wines of the different areas of production, expressed as
a percentage and rounded off to the closest whole number, if the volume of any
one of the wines of the different areas of production is less than 30 per cent
of the total volume of the wine concerned.
[Para. (c) inserted by GN R813/2006]
(2A) The
following particulars shall be indicated on the labels of the containers of a
single vineyard wine:
(a) The
expression "single vineyard wine" or "enkelwingerdwyn".
(b) The
particulars required in terms of subsection (2).
[Sub-s. (2A)
inserted by GN R546/93, deleted by GN R835/2005 and inserted by GN R813/2006]
(3) (a) The
following particulars shall be indicated on the labels of the containers of a
cultivar wine:
(i) The designation, as specified in Table 1, of the
vine cultivar concerned.
(ii) The particulars required in terms
of subsection (2).
[Subpara. (ii) substituted by GN R546/93
and GN R835/2005]
(b) ……….
[Para. (b) substituted by GN
R835/2005 and deleted by GN R813/2006]
(4) (a) The
following particulars shall be indicated on the labels of the containers of a
vintage wine:
(i) A figure indicating the year of
harvesting of the grapes from which that wine was produced.
(ii) The particulars required in terms of subsection (2).
[Subpara. (ii) substituted by GN R546/93
and GN R835/2005]
(b) If any date, or a figure that could be interpreted as being a
date, is indicated on the labels of the containers of a vintage wine, the board
may require that the expression "vintage" or "oesjaar" be indicated immediately
above or below or next to the figure referred to in paragraph (a)(i).
(c) The particulars referred to in paragraph (a)(ii) shall not
be indicated on the labels of the containers of a vintage wine in respect of
which an approval was granted by the board in terms of section 11 (3) of this Scheme.
(5) The following particulars shall be
indicated on the labels of the containers of a noble late harvest wine:
(a) The class designation of the wine concerned;
(b) The particulars required
in terms of subsection (2).
[Sub-s. (5) substituted by GN R3231/92, GN
R546/93 and GN R835/2005]
(5A) The following particulars shall be indicated
on the main label of the containers of a special late harvest:
(a) The class designation of the wine concerned;
(b) if the residual sugar content of the wine concerned is less
than 20 grams per litre, the applicable class designation which indicates the
grade of dryness or sweetness of the wine concerned, and
(c) The particulars required in terms of subsection (2).
[Para. (c) substituted by GN R1306/2002 and
GN R835/2005]
[Sub-s. (5A) inserted by GN R3231/92]
(5B) The following particulars shall be indicated
on the labels of the containers of a blanc de noir wine:
(a) The class designation of the wine concerned.
(b) The particulars required
in terms of subsection (2).
[Para. (a) substituted by GN R835/2005]
[Sub-s. (5B) inserted by GN R546/93]
(5C) The following particulars shall be
indicated on the labels of the containers of a wine from naturally dried
grapes:
(a) The class designation
of the wine concerned.
(b) If the residual sugar content of the wine concerned is less than 20
grams per litre, the applicable class designation which indicates the grade of
dryness or sweetness of the wine concerned.
(c) The
relevant particulars required in terms of subsection (2).
[Sub-s. (5C)
inserted by GN R834/98 and substituted by GN R835/2005]
(5D) The following particulars shall be
indicated on the labels of the containers of a Cape white:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5D inserted by GN
R813/2006]
(5E) The following particulars shall be
indicated on the labels of the containers of a Cape ruby:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5E inserted by GN
R813/2006]
(5F) The following particulars shall be
indicated on the labels of the containers of a Cape tawny:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5F inserted by
GN R813/2006]
(5G) The following particulars shall be
indicated on the labels of the containers of a Cape dated tawny:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5G inserted by
GN R813/2006]
(5H) The following particulars shall be
indicated on the labels of the containers of a Cape late bottled vintage:
(a) The class designation of the wine concerned.
(b) The particulars required in terms of subsection (2).
[Sub-s. 5H inserted by GN R813/2006]
(5I) The following particulars shall
be indicated on the labels of the containers of a Cape vintage:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5I inserted by
GN R813/2006]
(5J) The following particulars shall be
indicated on the labels of the containers of a fino:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5J inserted by
GN R813/2006]
(5K) The following particulars shall be
indicated on the labels of the containers of an amontillado:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5K inserted by
GN R813/2006]
(5L) The following particulars shall be
indicated on the labels of the containers of an oloroso:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5L inserted by
GN R813/2006]
(5M) The following particulars shall be
indicated on the labels of the containers of a pale dry:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5M inserted by
GN R813/2006]
(5N) The following particulars shall be
indicated on the labels of the containers of a pale cream:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5N inserted by
GN R813/2006]
(5O) The following particulars shall be
indicated on the labels of the containers of a medium cream:
(a) The class designation of the wine concerned.
(b) The
particulars required in terms of subsection (2).
[Sub-s. 5O inserted by
GN R813/2006]
(5P) The following particulars shall be
indicated on the labels of the containers of a full cream:
(a) The class designation of the wine concerned.
(b) The particulars required in terms of subsection (2).
[Sub-s. 5P inserted by GN R813/2006]
(6) Subject to the provisions of subsection
(7), the particulars that must be indicated in terms of subsection (2) must be
–
(a) indicated on one or more labels permanently attached to the
relevant container within the same field of vision as the particulars stated in
regulation 33(1) of the Regulations issued in terms of the Act;
(b) clearly distinguishable from any other particulars,
illustrations or representations on the relevant label;
(c) indicated in letters –
(i) which are the same colour, type
and size in each particular instance;
(ii) which appear on a uniform and
clearly contrasted background;
(iii) which are clearly legible;
(iv) which are permanently printed; and
(v) of which the
minimum vertical height, depending on the capacity of the container concerned,
must be as specified in column 2, 3 or 4 of Table 3 opposite that particular detail.
[Sub-s. (6) substituted by GN R1875/95 and
amended by GN R835/2005]
(7) A label printed before 1 January 1996 and
which complies with the requirements of this Scheme as applied before 1 October
1995 is regarded as complying with the requirements of this section.
[Sub-s. (7) substituted by GN R1875/95]
(8) ……….
[Sub-s. (8) deleted by GN R1875/95]
[S. 24 amended by GN R1875/95]
25. Provisional approval of wine [To index]
(1) (a) An
application for the provisional approval of wine intended for certification
shall be made on a form obtainable from the board for this purpose.
(b) Such application shall -
(i) be made by the person requiring
the provisional approval of the wine concerned; and
(ii) subject to the provisions of
paragraph (d), be lodged with the board at least five working days prior to the
date on which that provisional approval is required.
(c) The applicable fee determined by the board for this purpose
shall be payable in respect of such application.
(d) If an applicant has notified the board at least three working
days beforehand of his intention to lodge such application, that application
may be handed to an official or representative of the board when a sample of
the wine concerned is taken in terms of subsection (2).
(2) (a) The
board shall for the purposes of the consideration of an application referred
to in subsection (1) take a sample of the wine concerned in the manner set out
in section 28 of this Scheme.
[Sub-s. (2) renumbered to (2)(a) by GN
R837/91]
(b) An applicant referred to in subsection (1) may, under the
circumstances and on the conditions which the board, stipulate, be exempted
from the taking of such samples.
[Para. (b) inserted by GN R837/91 and GN
R1375/93]
(3) (a) An
application referred to in subsection (1) shall be approved by the board only
if it is satisfied that -
(i) the production sheet, stock sheet
or blending and bottling sheet and the wine record kept in respect of the wine
concerned, as well as any other particulars at the disposal of the board,
indicate that the provisions of this Scheme and any condition determined
thereunder have been complied with in connection with that wine; and
(ii) the wine concerned complies with
the applicable requirements set out in the regulations made under the Act, and
does not reveal any unacceptable quality characteristics.
(b) A determination in terms of paragraph (a)(ii) shall be done
on the basis of the analysis and sensorial judgement of a sample of the wine
concerned.
(c) If the sensorial judgement of wine reveals
an unacceptability of a nature specified in Table 4 in respect of the clarity, colour, flavour or taste
thereof, such wine shall not be provisionally approved: Provided that the
majority of the members of the board or of a committee thereof shall concur on
the nature of such unacceptability.
(4) If the board is not thus satisfied, a
further sample of the wine concerned may be taken for analysis or sensorial
judgement with a view to the reconsideration of the application concerned.
(5) If the board refuses an application for the
provisional approval of wine -
(a) it shall notify the applicant concerned in writing of its
decision and of the grounds on which it is based;
(b) the applicant concerned shall within 14 days of the date of
the notice concerned record the applicable particulars of such refusal on the
production sheet, stock sheet or blending and bottling sheet and wine record
kept in respect of the wine concerned; and
(c) the wine concerned shall, subject to the requirements of
subsection (7), again be considered for provisional approval, if -
(i) the board has after consideration
of a fully motivated written request by the applicant concerned, consented
thereto in writing;
(ii) such request has been lodged with
the board within 60 days of the date of the applicable notice referred to in
paragraph (a); and
(iii) the further application for the
provisional approval of the wine concerned is lodged with the board within 18
months of the date of the applicable notice referred to in paragraph (a).
[Para. (c) amended by GN R834/98]
(6) A provisional approval shall
lapse -
(a) six months after the date of issue thereof if the wine
concerned is not bottled within that period, and
(b) 12 months after the date of issue thereof if the wine
concerned -
(i) has been bottled in the
containers in which it is to be sold when a sample thereof is taken in terms of
subsection (2); or
(ii) is bottled within the period
specified in paragraph (a).
[Sub-s. (6) substituted by GN R829/2002]
(7) The provisions of subsection (5)(c)(i),
(ii) and (iii) shall not apply to-
(a) wine judged from bulk containers; and
(b) wine judged in the containers in which it would have been
sold if the seal of the wine concerned is removed and the wine is to be
decanted and the board is given at least one working day's prior notice of the
removal of the seals and the decantation of that wine.
[Sub-s. (7) inserted by GN R834/98]
26. Seals and marks [To index]
(1) The person in charge of wine in respect of
which a provisional approval has been granted in terms of section 25 of this Scheme shall -
(a) affix a seal referred to in subsection (2) to each container
in which the wine concerned has been bottled, or place a mark referred to in subsection
(3) on each such container; and
(b) during the course of each working day record the applicable
particulars in connection therewith on the blending and bottling sheet kept in
respect of that wine.
(2) (a) A seal
referred to in subsection (1) shall -
(i) be issued by the board at the
request of the person concerned;
(ii) only be thus issued after the
labels to be affixed to the containers of the wine concerned have been approved
in terms of section 23 of this Scheme, but before the provisional approval in respect of
that wine has lapsed in terms of section
25(6) of this Scheme; and
(iii) be affixed to the containers
concerned in a manner determined by the board.
(b) A person to whom seals have been issued in terms of paragraph
(a) shall return all the unused or damaged seals to the board -
(i) not later than the date on which
an application for the final approval of the wine concerned is made in terms of
section 27
of this Scheme; or
(ii) within 14 days of the date on
which the provisional approval concerned has lapsed in terms of section 25(6) of
this Scheme,
whichever date may be the
earlier.
(3) A mark referred to in subsection (1) shall
-
(a) be in the form determined by the board; and
(b) be placed on the containers concerned in a manner determined
by the board.
(4) If a wine is a distinctive wine, and a
person intends to indicate this fact in connection with the sale of that wine
-
(a) a mark, word or expression determined by the board for this
purpose, shall be indicated on the labels of the containers of that wine in a
manner determined by the board; or
(b) the board may on application approve that such fact may be
indicated on the labels of the containers of that wine in another manner
approved by the board.
(5) No person shall remove any container sealed
or marked in terms of subsection (1) or (4) from the premises at which it was
thus sealed or marked, unless-
(a) permission therefor has been granted in terms of section 19 of this Scheme;
[Para. (a) substituted by GN R837/91]
(b) the wine thus removed, is a sample referred to in section 28 of this Scheme; or
(c) a certificate referred to in section 27 of this Scheme has been issued in respect of that
wine.
27. Final approval of wine [To
index]
(1) (a) An
application for the final approval of wine intended for certification shall be
made on a form obtainable from the board for this purpose.
(b) Such application shall-
(i) be made by the person requiring
the certification of the wine concerned; and
(ii) be lodged with the board before
the provisional approval in respect of that wine has lapsed in terms of section 25(6) of
this Scheme.
(c) The applicable fee determined by the board for this purpose
shall be payable in respect of such application.
(d) If an applicant has notified the board at least three working
days beforehand of his intention to lodge such application, that application
may be handed to an official or representative of the board when a sample of
the wine concerned is taken in terms of subsection (2).
(2) The board shall for the purposes
of the consideration of an application referred to in subsection (1) take a
sample of the wine concerned in the manner set out in section 28 of this Scheme.
(3) An application referred to in subsection
(1) shall be approved by the board only if it is satisfied that -
(a) the wine concerned has been provisionally approved in terms
of section 25 of this Scheme;
(b) such provisional approval has not lapsed in terms of section 25(6) of this Scheme before the application
concerned was lodged with the board;
(c) the sample of that wine does not in any material respect differ
from the sample that was analysed and judged sensorially in terms of section 25 of this Scheme; and
(d) the applicable labels and seals or marks were affixed to or
placed on the containers of that wine.
(4) The final approval of wine shall be
confirmed by means of a certificate by the board wherein the use of the
particulars specified in such certificate is authorized in connection with the
sale of that wine.
(5) If the board refuses an application for the
final approval of wine -
(a) it shall notify the applicant concerned in writing of its
decision and of the grounds on which it is based;
(b) the applicant concerned shall within 14 days of the date of
the notice concerned record the applicable particulars of such refusal on the
production sheet, stock sheet or blending and bottling sheet and wine record
kept in respect of the wine concerned;
(c) the relevant wine shall, subject to subsection (8), again be
considered for final approval, if-
(i) after consideration of a fully
motivated written request by the applicant concerned, the board gives its
permission in writing;
(ii) such request is submitted to the
board within 30 days of receiving the notice referred to in paragraph (a); and
(iii) a further request for final
approval of the wine concerned is submitted to the board within six months
after the relevant notice referred to in paragraph (a);
[Para. (c) substituted by GN R1875/95 and
amended by GN R834/98]
(d) the applicant concerned must remove and destroy the labels
and seals or marks on the containers of that wine within 60 days after the date
of the relevant notice, under the supervision of an official or representative
of the board; and
[Para. (d) substituted by GN R1875/95]
(e) the applicant concerned must record without delay the
appropriate and relevant particulars on the blending and bottling register kept
with respect to that wine.
[Para. (e) inserted by GN R1875/95]
(6) (a) If any
person wishes to uncork a wine which has been finally approved with a view to
recorking, stabilisation, topping up, blending, recomposition or rebottling and
wishes to use the indication of particulars referred to in section 5 of this Scheme, he may, apply therefor to
the board in writing, stating particulars of the reasons therefor.
(b) The board may approve an application referred to in paragraph
(a) on the conditions and against payment of the fee which it determines.
[Sub-s. (6) inserted by GN R837/91]
(7) Notwithstanding the provisions of subsection
(2), the board may in the circumstances and on the conditions stipulated by it,
approve that the sample referred to in that subsection, not be taken.
[Sub-s. (7) inserted by GN R1375/93]
(8) The provisions of subsection (5)(c)(i),
(ii) and (iii) shall not apply to wine that was destined for export in bulk
containers.
[Sub-s. (8) inserted by GN R834/98]
28. Samples and
sampling [To index]
(1) A sample referred to in section 25 or 27 of this Scheme shall only be taken if an official or
representative of the board is satisfied that all the required particulars
with regard to the wine concerned have been recorded on the production sheet,
stock sheet, blending and bottling sheet and wine record kept in respect of
that wine.
(2) Such sample shall-
(a) subject to the provisions of subsection (3), consist of three
separate units of at least 750 ml each of the wine being sampled;
(b) be taken at random from the quantity of wine specified in the
application by virtue whereof that sample is taken;
(c) be taken by the applicant concerned or his agent in the
presence of an official or representative of the board; and
(d) be sealed and identified by such official or representative
in the presence of the applicant concerned or his agent in the manner
determined by the board.
(3) (a) If wine
is bottled in containers with a capacity of less than 750 ml, a sufficient
number of those containers shall be taken to obtain a sample with a total
volume of at least 2,25 litres.
(b) If wine is bottled in containers with a capacity of 1,5
litres or more, only two of those containers shall be taken as sample.
(4) (a) If wine
being sampled has not yet been bottled in the containers in which it is to be
sold, the applicant concerned shall provide suitable containers for the three
units referred to in subsection (2)(a).
(b) If such wine is kept in more than one bulk container and it
is aimed to mix the total volume of such wine before it is bottled or exported
in bulk, a sufficient volume thereof can be taken from each such bulk
container, in proportion with the volume of wine in each such bulk container,
and thereafter be thoroughly admixed before being placed in the containers
referred to in paragraph (a).
[Para. (b) substituted by GN R2067/94]
(5) (a) A
sample referred to in section 27(2) of this Scheme, of wine that is not intended for
export in bulk shall be taken only after that wine has been bottled and the
applicable labels and seals or marks were affixed to or placed on the
containers of that wine.
(b) A sample of such wine shall be contained in the fully
labelled containers thereof.
(6) The results
obtained during the analysis and sensorial judgment of a sample taken in terms
of this section shall apply to the total quantity of wine from which that
sample has been taken.
29. Directives relating to the
recording of particulars [To index]
Except
where expressly provided otherwise elsewhere in this Scheme, the particulars
which a person has to record on a press register, production sheet, wine
record, stock sheet and blending and bottling sheet shall be thus recorded not
later than the working day following the working day on which the recordable
act concerned took place.
30. Termination of participation in
Scheme [To index]
(1) (a) The
holder of an authority and a person to whom a production sheet, stock sheet or
blending and bottling sheet has been issued in terms of this Scheme, may at any
time by means of written notice to the board terminate his participation in
this Scheme with regard to the wine in respect of which such authority has
been granted or such production sheet, stock sheet or blending and bottling
sheet has been issued.
(b) A notice referred to in paragraph (a) shall be accompanied by
the production sheet, stock sheet or blending and bottling sheet concerned.
(2) (a) If the
board is at any time satisfied that the holder of an authority or a person to
whom a production sheet, stock sheet or blending and bottling sheet has been
issued in term of this Scheme, has refused or failed to comply with any
provision of this Scheme or a condition determined thereunder, the board may by
written notice to such person suspend or terminate his participation in this
Scheme, either in general or with regard to the wine in respect, of which such
authority has been granted or such production sheet, stock sheet or blending
and bottling sheet has been issued.
(b) A person who has been thus notified shall within 30 days of
the date of such notice return the production sheet, stock sheet or blending
and bottling sheet concerned to the board.
(c) A suspension of participation in this Scheme in general in
terms of paragraph (a) shall be valid for such period as the board may in each
case determine.
31. Payment of fees [To index]
(1) Postage on and delivery costs of any application,
notice or document submitted to the board in terms of this Scheme, as well as
of anything else pertaining thereto shall be prepaid by the sender thereof.
(2) An amount payable in terms of this Scheme
shall-
(a) be paid to the board;
(b) be thus paid by means of a cheque, postal order or money
order made out in favour of the board: Provided that a cash payment will be
accepted if it is delivered by hand to the board; and
(c) be paid within 30 days of the date of issue of a statement
reflecting the amount due by the person to whom it was issued: Provided that
the fees referred to in section 6(2)(b)(ii) and (7)(d)(ii) of this Scheme shall be prepaid.
(3) If a person
refuses or fails to pay the amount reflected in a statement referred to in
subsection (2)(b), within the period permitted under that subsection-
(a) such amount shall become immediately payable together with
interest thereon, calculated from the date of issue of the statement concerned
at a rate determined by the board; and
(b) the board may suspend the issue of seals referred to in section 26 of this Scheme to the person concerned,
and the certification of wine in respect of which he has lodged an application
for final approval in terms of section 27 of this Scheme, until the amount referred to in
paragraph (a) has been paid by him.
(4) Notwithstanding the provisions of
subsection (2)(c), the board may require that a person in respect of whom the
provisions of subsection (3) has been applied once or more shall -
(a) pay the
applicable amounts determined by the board in terms of this Scheme when he
lodges the relevant applications; or
(b) maintain a
deposit or furnish a guarantee for an amount determined by the board.
(5) An amount due to the State in terms of the
regulations published by Government Notice No. R. 2544 of 19 December 1980, as
amended, in connection with matters relating to the certification of wine in
terms of those regulations, but which has not yet been paid on the date of
publication of this Scheme shall be payable to the Board.
[To index]
TABLE 1 / TABEL 1
VINE CULTIVARS TO
WHICH SCHEME APPLIES /
DRUIFKULTIVARS
WAAROP SKEMA VAN TOEPASSING IS
[Section 4 / Artikel 4]
Alicante Bouschet (Henri
Bouschet)
|
Muscat de Frontignan (Muscadel; Muskadel)
|
Auxerrois
|
Muscat de Hambourg
|
Barbera
|
Muscat
Ottonel
|
*Bastardo do Castello
|
Nebbiolo
|
*Bastardo do Menudo
|
Nouvelle
|
Bukettraube
|
*Olasz
|
Cabernet Franc
|
Palomino
(White French; Fransdruif)
|
Cabernet Sauvignon
|
Petit Verdot
(Verdot)
|
Carignan
|
Pinotage
|
Chardonnay
|
Pinot blanc
(Weissburgunder)
|
Chenel
|
Pinot gris
(Pinot grigio)
|
Chenin blanc (Steen)
|
Pinot noir
|
Cinsaut (Cinsault)
|
Pontak
(Teinturier male)
|
Clairette blanche
|
Riesling
(Cape Riesling; Kaapse Riesling; Crouchen)
|
Colombar (Colombard)
|
Roobernet
|
Cornifesto
|
Roussanne
|
*Donzellinho do Castello
|
Ruby
Cabernet
|
*Donzellinho do Gallego
|
Sangiovese
|
Durif
|
Sauvignon
blanc (Blanc Fumé)
|
Emerald Riesling
|
Schönburger
|
*Erlihane
|
Sémillon
(Groendruif)
|
Fernão Pires
|
Shiraz
(Syrah)
|
Furmint
|
Souzào
|
Gamay noir
|
Sultana
(Sultanina; Thompson's Seedless)
|
Gewürztraminer
|
Sylvaner
|
Grachen
|
Tannat
|
Grenache (Rooi/Red Grenache)
|
Tempranillo
(Tinta Roriz)
|
Grenache blanc (White/Wit
Grenache)
|
Therona
|
Harslevelü
|
*Tinta
Amarella
|
Kerner
|
Tinta
Barocca
|
Malbec
|
Tinta
Francisca
|
Merlot
|
Touriga
Franca
|
Meunier (Pinot Meunier)
|
Touriga
Nacional.
|
|
Ugni blanc
(Trebbiano)
|
*Mourisco tinto
|
Verdelho
|
Mourvèdre (Mataro)
|
Viognier
|
Müller-Thurgau
|
Weisser
Riesling (Rhine Riesling; Ryn Riesling)
|
Muscat d' Alexandrie
(Hanepoot)
|
Zinfandel
(Primitivo)
|
*This Scheme is applicable to this cultivar only
until 31 December 2010
|
[Table 1 amended by GN R2842/91, GN
R2594/92, GN R2067/94, GN R1875/95, GN R1039/97, GN R324/99 and GN R19/2001 and
substituted by GN R1306/2002, GN R835/2005 and GN R813/2006]
[To index]
TABLE 2 / TABEL 2
GRAPE CULTIVARS
WHICH MAY BE USED FOR THE PRODUCTION OF BLANC DE NOIR WINE
[Section 14(a) / Artikel
14(a)]
Barbera
|
Muscat de Frontignan (Muscadel/Muskadel)
|
*Bastardo do Castello
|
Muscat de Hambourg
|
*Bastardo do Menudo
|
Nebbiolo
|
Carbernet Franc
|
Petit Verdot (Verdot)
|
Carbernet Sauvignon
|
Pinotage
|
Carignan
|
Pinot gris (Pinot grigio)
|
Cinsaut (Cinsault)
|
Pinot noir
|
Cornifesto
|
Ruby Cabernet
|
*Donzellinho do Castello
|
Sangiovese
|
*Donzellinho do Gallego
|
Shiraz (Syrah)
|
Durif
|
Souzào
|
Gamay noir
|
Tannat
|
Grenache (Red/Rooi Grenache)
|
Tempranillo (Tinta Roriz)
|
Malbec
|
Tinta Barocca
|
*Mourisco tinto
|
Tinta Francisca
|
Merlot
|
Touriga Franca
|
Meunier (Pinot Meunier)
|
Touriga Nacional
|
Mourvèdre (Mataro)
|
Zinfandel (Primitivo)
|
*This grape cultivar may be
used for the production of blanc de noir wine only until 31 December 2010
|
[Table 2 amended by GN R2594/92, GN
R1039/97 and GN R19/2001 and substituted by GN R1306/2002, GN R835/2005 and GN
R813/2006]
[To index]
TABLE 3 / TABEL 3
LETTER SIZES OF PARTICULARS ON LABELS
LETTERGROOTTES VAN BESONDERHEDE OP
ETIKETTE
[Section/Artikel 24(6)(c)(v)]
|
Nature of particulars
Aard van besonderhede
|
Minimum vertical height in the case of
labels on containers with a content of -
Minimum vertikale hoogte in die geval van
etikette op houers met 'n inhoudsmaat van -
|
Less than
Minder as
250 ml
|
250 ml but not more than/ maar hoogstens
375 ml
|
More than
Meer as
375 ml
|
1
|
2
|
3
|
4
|
Name of
geographical unit, region, district or ward/ Naam van geografiese eenheid,
streek, distrik of wyk
[section/artikel
24 (2) (a) (i)]
|
1,0 mm
|
1,5 mm
|
2,0 mm
|
The expression
"wine of origin" or "W.O."/ Die uitdrukking "wyn van oorsprong" of
"W.O." [section/artikel 24 (2) (a) (ii)]
|
1,0 mm
|
1,5 mm
|
2,0 mm
|
[Table 3 amended by GN R837/91, GN R546/93
and GN R1021/94, substituted by GN R1875/95, amended by GN R834/98 and GN
R1819/2003 and substituted by GN R835/2005]
TABLE 4
[To
index]
UNACCEPTABLE
QUALITY CHARACTERISTICS OF WINE
[Sect. 25(3)(c)]
Element
|
CLASS OF WINE
|
NATURE OF UNACCEPTABILITY
|
1
|
2
|
3
|
Clarity
|
All classes
|
With regard to age, cultivar and type:
(a)
Turbid, hazy (b) Sediment,
crust, crystals
|
Colour
|
All classes
|
With regard to age, cultivar and type:
(a) Insufficient colour (b)
Faulty colour
|
Flavour and
taste
|
All classes
except noble late harvest
|
With regard to
age, cultivar and type:
(a)
Insufficient cultivar
character
(b)
Excessive wood or
vanillin character
(c)
Sulphur compounds
(d)
Volatile acid or
ethyl acetate character
(e)
Cork or mouldy
character
(f)
Thin, watery
(g)
Faulty acid balance
(h)
Faulty cultivar
character
(i)
Overaged character
(j)
Sulphur dioxide
(k)
Filter material
(l)
Unidentifiable
foreign to wine character or foreign to wine character (such as geranium,
mousy, oil, paint)
(m)
Faulty taste
(n)
Tannic, astringent
(o)
Insufficient
distinctive wine or style related character
(p)
Oxidation
(q)
Rancid
(r)
Excessive spirit
character
(s)
Phenolic
(t)
Press juice, stalk
and skin character
(u) Bitter
|
Flavour and
taste
|
Noble late
harvest
|
With regard to age, cultivar and type:
(a)
Insufficient cultivar
character
(b)
Excessive wood or
vanillin character
(c)
Sulphur compounds
(d)
Volatile acid or
ethyl acetate character
(e)
Cork or mouldy
character
(f)
Thin, watery
(g)
Faulty acid balance
(h)
Faulty cultivar
character
(i)
Overaged character
(j)
Sulphur dioxide
(k)
Filter material
(l)
Unidentifiable
foreign to wine character or foreign to wine character (such as geranium, mousy,
oil, paint)
(m)
Faulty taste
(n)
Tannic, astringent
(o)
Insufficient
distinctive wine and style related character
(p)
Oxidation
(q)
Rancid
(r)
Excessive spirit
character
(s)
Phenolic
(t)
Press juice , stalk
and skin character
(u)
Bitter
(v)
Does not have a
clearly perceptible noble rot character
(w)
Does not have the
acknowledged balance in taste between sugar, sugar free extract and acid of a
wine made from noble rot grapes
(x)
Does not have the
full bodied character of a wine with a high sugar free extract
(y)
Reveals a caramelised
raisin flavour and taste
|
[Table 4 amended by GN R837/91, GN R2594/92
and GN R1039/97 and substituted by GN R835/2005]
[To index]
TABLE 5 / TABEL 5
INDICATION OF CULTIVARS IN A BLENDED WINE
AANDUIDING VAN CULTIVARS IN 'N VERSNITWYN
[Section/Artikel 23(4)(e)(iii)]
Conditions/Omstandighede
|
Method of indication/Wyse van
aanduiding
|
1
|
2
|
The
volume of two or more cultivars in a blend is together 80 percent or more, of
the total volume of the wine concerned and each of those two or more
cultivars constitutes not less than 20 per cent of the total volume of that
wine/ Die volume van twee of meer kultivars in 'n versnit is saam 80 persent
of meer van die totale volume van die betrokke wyn en elkeen van daardie twee
of meer kultivars beslaan nie minder nie as 20 persent van die totale volume
van daardie wyn
|
Indicate
only those two or more cultivars in descending order/ Dui slegs daardie twee
of meer kultivars in afnemende volgorde aan
|
The
volume of each cultivar in a blend is 20 percent or more of the total volume
of the wine concerned/ Die volume van elke cultivar in 'n versnit is 20
persent of meer van die totale volume van die betrokke wyn
|
(a)
|
Indicate
all the cultivars in descending order/ Dui al die kultivars in afnemende
volgorde aan
|
|
or/ of
|
(b)
|
Indicate
all the cultivars and the volume of each (expressed as a percentage rounded
off to the closest whole number) in any order/ Dui al die cultivars en die
volume van elkeen (uitgedruk as 'n persentasie afgerond tot die naaste
heelgetal) in enige volgorde aan
|
The volume of
any one of the cultivars
in a
blend is less than 20 percent of the total volume of the wine concerned/ Die
volume van enige een van die kultivars in 'n versnit is minder as 20 persent
van die totale volume van die betrokke wyn
|
Indicate
all the cultivars and the volume of each (expressed as a percentage rounded
off to the closest whole number) in any order/ Dui al die kultivars en die
volume van elkeen (uitgedruk as 'n persentasie afgerond tot die naaste
heelgetal) in enige volgorde aan
|
More
than one of the conditions stated in item 1, 2 or 3 apply/ Meer as een van
die omstandighede in item 1, 2 of 3 bedoel, is van toepassing
|
Select
the method of indication in column 2 opposite the condition preferred/ Kies
die wyse van aanduiding in kolom 2 teenoor die omstandigheid wat verkies word
|
[Table 5 added by GN R1875/95]
TANC offers these agreements electronically as a public service for general reference.
Every effort has been made to ensure that the text presented is complete and accurate.
However, copies needed for legal purposes should be obtained from official archives maintained by the appropriate agency.
|