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:

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

10.                          Requirements for cultivar wines

11.                          Requirements for vintage wines

12.                          Requirements for special late harvest wines

13.                          Requirements for noble late harvest wines

14.                          Requirements for blanc de noir 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

27.                          Final approval of wine

28.                          Samples and sampling

29.                          Directives relating to the recording of particulars

30.                          Termination of participation in Scheme

31.                          Payment of fees

TABLE 1 -            VINE CULTIVARS TO WHICH SCHEME  APPLIES

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]    

10.       Requirements for cultivar wines                                                                                                                           [To index]

(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]

[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)]

[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 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)]

[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)]

[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.