LIQUOR PRODUCTS ACT 60 OF 1989
(Afrikaans
text signed by the State President)
[Assented
To: 17 May 1989]
[Commencement
Date: 1 July 1990]
as
amended by:
Wine
and Spirit Control Act 47 of 1970
Liquor
Products Amendment Act 11 of 1993
ACT
To provide for control over the sale and
production for sale of certain alcoholic products, the composition and
properties of such products and the use of certain particulars in connection
with the sale of such products; for the establishment of schemes; for control over
the import and export of certain alcoholic products; and for matters connected
therewith.
ARRANGEMENT OF
SECTIONS
1. Definitions
2. Wine and
Spirit Board
3. Administering
officer
4. Restriction on
sale of certain alcoholic products
5. Requirements
regarding wine
6. Requirements
regarding alcoholic fruit beverages
7. Requirements
regarding spirits
8. Requirements
regarding grape-based liquors
9. Requirements
regarding spirit-based liquors
10. Authorizations
regarding certain alcoholic products
11. Use of certain
particulars in connection with the sale of liquor products
12. Prohibition of
false or misleading descriptions for liquor products
13. ………..
14. Establishment
of schemes
15. Provisions of
schemes
16. Restriction on
the importation of certain alcoholic products
17. Restriction on
the exportation of liquor products
18. Powers of
entry, investigation and sampling
19. Seizures
20. Analysis of
samples
21. Secrecy
22. Appeals
23. Offences and
penalties
24. Presumptions
and evidence
25. Forfeitures
26. Vicarious
liability
27. Regulations
28. Discretionary
powers
29. Delegation of
powers
30. Defects in
form
31. Limitation of
liability
32. Repeal and
amendment of laws
33. Short title
and commencement
Schedule - Laws
repealed or amended
1. Definitions
In this Act, unless the context otherwise indicates -
"administering
officer" means the administering officer who has
been designated under section 3;
"advertisement", in relation to a liquor product, means any written, illustrated,
visual or other descriptive matter or oral statement, communication,
representation or reference which is distributed among members of the public or
otherwise brought to their notice, and which is or purports to be intended to
promote the sale of a liquor product or to encourage the use thereof or
otherwise to draw attention thereto; and "advertise" has a corresponding
meaning;
"alcohol
content", in relation to any product, means a
percentage of ethyl alcohol per volume of the product;
"alcoholic
fruit beverage" means a product which complies with
the requirements referred to in section 6;
"analyst" means a person designated under section 20
as an analyst or who is deemed to have been so designated;
"board" means the Wine and Spirit Board
established by section 2;
"class designation" -
(a) in relation to wine, an alcoholic
fruit beverage, a spirit, a grape-based liquor or a spirit-based liquor, means
the prescribed designation for a class thereof;
(b) in relation to a specially
authorized liquor, means the designation specified in a notice published under section 10; and
(c) in relation to any other liquor
product in respect of which an import certificate has been issued, means the
designation specified in such import certificate;
"container" means a receptacle with a
capacity not exceeding 5 litres;
"department" means the Department of Agricultural Economics and Marketing;
"Director-General" means the
Director-General of the department;
"export
certificate" means an export certificate referred
to in section 17, or a document which is in terms of
the said section deemed to be an export certificate;
"grape-based
liquor" means a product which complies with the
requirements referred to in section 8;
"grapes" means fruit of plants of Vitis
vinifera;
"import
certificate" means an import certificate referred
to in section 16, or a document which is in terms of
the said section deemed to be an import certificate;
"label", in relation to a container, means any printing or writing
appearing on the container or attached thereto;
"liquor product" means -
(a) wine;
(b) an alcoholic fruit beverage;
(c) a spirit;
(d) a grape-based liquor;
(e) a spirit-based liquor;
(f) a specially authorized liquor;
and
(g) any liquor other than a product
mentioned in paragraph (a), (b), (c), (d), (e) or (f), in respect of which an
import certificate has been issued;
"Minister" means the Minister of
Agriculture;
"officer" means an officer as defined in section
1 of the Public Service Act, 1984 (Act No. 111 of 1984), and includes an
employee as so defined;
"prescribed" means prescribed by
regulation;
"regulation" means a regulation made
under section 27;
"scheme" means a scheme which has been
established under section 14;
"sell" includes agree to sell, or offer, advertise, keep, expose,
transmit, send, convey or deliver for sale, or to exchange or to dispose of in
any way for any consideration; and "sale" and "sold" have
corresponding meanings;
"specially
authorized liquor" means a product in respect of
which an authority which has been granted under section 10,
or which is deemed to have been so granted, is in force;
"spirit" means a product which complies with the requirements referred to in
section 7;
"spirit-based
liquor" means a product which complies with the requirements
referred to in section 9;
"this Act" includes the regulations;
"wine" means a product which complies with the requirements referred to in
section 5.
2. Wine
and Spirit Board
(1) There is hereby
established a board to be known as the Wine and Spirit Board, and which shall
be a juristic person.
(2) (a) The
members of the board shall be appointed by the Minister and
shall consist of -
(i) four persons nominated by the "Ko-operatieve
Wijnbouwers Vereniging van Zuid-Afrika, Beperkt";
(ii) four persons nominated by the Cape
Wine and Spirit Institute;
(iii) two officers of the department;
(iv) not more than two persons nominated
by the Agricultural Research Council by virtue of their involvement in
oenological and viticultural research; and
[Sub-para. (iv) substituted by s. 1 of Act
11/93]
(v) a person determined by the Minister
after consultation with the bodies mentioned in subparagraphs (i) and (ii).
(b) The Minister shall, subject to
the provisions of the relevant subparagraph, appoint an alternate member for
each of the members referred to in subparagraphs (i), (ii), (iii) and (iv) of
paragraph (a).
(c) An alternate member may in the
absence of the member for whom he was so appointed, attend any meeting of the
board, and act thereat in the place of that member.
(d) Whenever it becomes necessary,
the Director-General shall request the bodies mentioned in subparagraphs (i),
(ii) and (iv) of paragraph (a) in writing to submit the applicable nominations
to him in writing within the period specified in the request.
[Para. (d) substituted by s. 1 of Act
11/93]
(e) If such body fails to submit
the nominations concerned within the period determined in terms of paragraph
(d), the Minister may appoint such persons as he may deem fit in the place of
the persons required to be nominated by that body.
(3) No person shall be
appointed as a member or alternate member of the board -
(a) unless he is a South African citizen
permanently resident in the Republic;
(b) if he is an unrehabilitated insolvent;
(c) if he has more than once been convicted
of an offence under this Act; or
(d) if he has been convicted of any offence
for which he has been sentenced to imprisonment without the option of a fine.
(4) (a) A
member or an alternate member of the board shall hold his office, subject to
the
provisions of subsection (5) -
(i) in the case of an officer, at the
Minister's pleasure; and
(ii) in any other case, for such period,
but not exceeding five years, as the Minister may determine at the time of
appointment of that member or alternate member, and such member or alternate
member shall after the expiration of the said period continue in office for a
further period, but not exceeding three months, until his successor has been
appointed.
(b) If a member or an alternate
member of the board ceases to hold office for any reason, the Minister may,
subject to the provisions of subsection (2), appoint any person in his place for
the unexpired period of his term of office.
(c) Any person whose term of
office as a member or an alternate member of the board has expired, shall be
eligible for reappointment.
(5) (a) A
member or an alternate member of the board shall vacate his office -
(i) if he becomes subject to any
disability mentioned in subsection (3);
(ii) if he becomes of unsound mind;
(iii) if, in the case of a member, he has
been absent from more than two consecutive meetings of the board without the
leave of the chairman; or
(iv) if, in the case of a member or an
alternate member nominated by a body specified in subsection (2) (a) (i), (ii)
or (iv), the body concerned notifies the Director-General in writing that such
member or alternate member shall no longer serve on the board as nominee of
that body.
[Sub-para. (iv) substituted by s. 1 of Act
11/93]
(b) The Minister may at any time
remove a member or an alternate member of the board from his office if in the
opinion of the Minister sound reasons exist for doing so.
(6) (a) The member
referred to in subsection (2) (a) (v) shall be the chairman of the
board.
(b) The members of the board
shall at the first meeting of the board, and thereafter whenever necessary,
elect a vice-chairman from among the members referred to in subsection (2) (a)
(i), (ii), (iii) and (iv).
(c) If both the chairman and
the vice-chairman are absent from a meeting of the board, the members present
shall from among their number elect a person to preside at that meeting.
(7) (a) The first
meeting of the board shall be held at a time and place determined
by
the chairman, and thereafter at such times and places as the board may from
time to time determine.
(b) Notwithstanding the
provisions of paragraph (a) the chairman of the board may at his discretion
call a special meeting of the board at such time and place as he may determine,
with a view to dealing with special or urgent matters, and he shall call a
special meeting within 14 days of the date on which he has received a written
request to this effect from the Minister or at least four members of the board.
(c) The majority of the members
of the board shall constitute a quorum for a meeting of the board.
(d) The decision of the
majority of the members of the board present at a meeting thereof shall
constitute a decision of the board, and in the event of an equality of votes on
any matter, the person presiding at the meeting in question shall have a
casting vote in addition to his deliberative vote.
(e) No decision taken by the
board or act performed on the authority of the board shall be invalid merely by
reason of a vacancy on the board or because a person who was not entitled to
sit as a member, sat as such member at the time when the decision was taken or
the act was authorized, if the decision was taken or act authorized by the
majority of the members present at the time and who were entitled to sit as
members of the board.
(8) (a) The
board may, either from among its number or in such other manner determined
by the board, appoint one or more committees to perform, subject to
the directions of the board, such functions of the board as the board may
determine, or to advise the board on any matter in respect of which a function
is assigned to the board.
(b) The board may at any time
dissolve or reconstitute such a committee.
(c) The Government Brandy Board
referred to in section 8A of the Wine, Other Fermented Beverages and Spirits
Act, 1957 (Act No. 25 of 1957), as it exists immediately prior to the commencement
of this section shall, as from the date of commencement of this section, be
deemed to be a committee appointed by the board in terms of paragraph (a), and
shall from such date be known as the Brandy Evaluation Committee.
(d) The board shall not be
divested of any function performed in terms of the provisions of this
subsection by any committee of the board.
(e) Any decision of a committee
may be withdrawn or amended by the board or referred back to such committee and
shall, until it has been so withdrawn or amended, except for the purposes of
this paragraph, be deemed to be a decision of the board.
(9) There may be paid to a member
and an alternate member of the board and a member of a committee referred to in
subsection (8) who are not in the full-time employment of the State, from the
funds of the board such allowances as the Minister may with the concurrence of
the Minister of Finance determine in general or in any particular case.
(10) (a) In
addition to such functions as may be assigned to the board by or under this Act
or in terms of a scheme or under any other law, the board may -
(i) hire, purchase or otherwise acquire
such movable or immovable property as the board may deem necessary for the
performance of its functions, and may rent, sell or otherwise dispose of
property so acquired;
(ii) from time to time raise money by way
of loan for the purpose of performing its functions;
(iii) hypothecate its immovable property
as security for a loan referred to in subparagraph (ii);
(iv) insure itself against any loss,
damage, risk or liability which it may suffer or incur;
(v) enter into agreements for the
performance of specific acts or functions or the rendering of specific
services;
(vi) from time to time make
recommendations to the Minister concerning any matter to which this Act
relates; and
(vii) in general perform such acts as it
may deem necessary or expedient for the efficient performance of its functions.
(b) The work incidental to the
performance of the functions of the board shall be performed by -
(i) persons appointed by the board on
such conditions and at such remuneration as the Minister may with the
concurrence of the Minister of Finance determine; and
(ii) persons with whom the board entered
into agreements in terms of paragraph (a) (v).
(c) An agreement entered into
under section 20 of the Wine, Other Fermented Beverages and Spirits Act, 1957,
prior to the date of commencement of this section and in terms of which a
person undertook to perform specified functions on behalf of the Wine and
Spirit Board referred to in section 19 of the said Act shall, if still in force
immediately prior to such date, be deemed to be an agreement under paragraph
(a) (v) between the board and such person.
(11) (a) The
funds of the board shall consist of -
(i) money paid to the board in terms of
this Act or a scheme; and
(ii) money which accrues to the board
from any other source.
(b) The board shall utilize its
funds for the defrayal of the expenses incurred by the board in the performance
of its functions.
(c) The board shall open an
account with an institution registered as a bank in terms of the Banking Act,
1965 (Act No. 23 of 1965), and shall deposit in that account all money received
in terms of paragraph (a).
(d) The board may invest any of
its money not required for immediate use.
(12) (a) The
financial year of the board shall terminate on such date in each year as
the board may determine.
(b) The board shall -
(i) cause adequate records to be kept of
money received or expended by it, and of its assets, liabilities and financial
transactions; and
(ii) as soon as possible, but not later
than three months after the end of each financial year, cause annual financial
statements to be prepared showing, with the appropriate particulars, money
received and expenditure incurred by it during, and its assets and liabilities
at the end of, the said financial year.
(c) The records and annual
financial statements referred to in paragraph (b) shall be audited by a person
registered as an accountant and auditor in terms of the Public Accountants' and
Auditors' Act, 1951 (Act No. 51 of 1951).
(13) (a) The
board shall within six months of the end of each financial year submit to the
Minister a copy of the audited annual financial statements referred
to in subsection (12) (c), together with a report on the activities of the
board during that financial year.
(b) Copies of the annual financial
statements and of the report referred to in paragraph (a) shall -
(i) be open to public inspection at the
office of the board during office hours; and
(ii) be obtainable from the board against
payment of the amount determined therefor by the board.
3. Administering
officer
(1) The Minister shall
designate an officer in the department as administering officer, who shall,
subject to the control and instructions of the Minister, exercise the powers
and carry out the duties conferred or imposed upon the administering officer by
or under this Act.
(2) (a) The
administering officer may in writing delegate or transfer to any officer under
his control any such power or duty, or in writing authorize any such
officer to exercise such power or carry out such duty.
(b) Any decision made or order
given by such officer may be withdrawn or amended by the administering officer
and shall, until it has been so withdrawn or amended, except for the purposes
of this paragraph, be deemed to have been made or given by the administering
officer.
4. Restriction
on sale of certain alcoholic products
(1) No person shall sell or
produce for sale any product with an alcohol content of more than one per cent
for drinking purposes, unless that product is a liquor product.
(2) The provisions of
subsection (1) shall not apply to -
(a) beer and sorghum beer as defined in section
1 of the Liquor Act, 1989 (Act No. 27 of 1989); and
(b) medicine as defined in section
1 (1) of the Medicines and Related Substances Control Act, 1965 (Act No.
101 of 1965).
5. Requirements
regarding wine
(1) Wine shall -
(a) be produced from fresh grapes of a
prescribed cultivar that are in such a condition that, after having been
pressed, alcoholic fermentation can occur in the undiluted juice thereof;
(b) be produced by -
(i) the alcoholic fermentation, in
accordance with generally accepted cellar practices, of the juice of such fresh
grapes; and
(ii) completing or terminating such
alcoholic fermentation; or
(iii) the addition of a prescribed spirit
derived from grapes, to the juice of such fresh grapes; and
(c) be produced in such a manner that it
complies with the prescribed requirements for wine or a particular prescribed
class thereof.
(2) Wine shall not contain a
particular prescribed substance to a greater extent than that prescribed.
(3) No person shall, either
before, during or after completion or termination of the alcoholic fermentation
referred to in subsection (1) (b) -
(a) add to or remove from the juice of fresh
grapes or the wine produced therefrom, any substance other than a substance
prescribed for this purpose; and
(b) so add or remove a substance so
prescribed, otherwise than in accordance with the prescribed manner or
conditions.
6. Requirements
regarding alcoholic fruit beverages
(1) An alcoholic fruit
beverage shall -
(a) be produced from the juice of fresh
fruit that is in such a condition that alcoholic fermentation can occur therein
without diluting that juice;
(b) except where expressly provided
otherwise by regulation -
(i) be produced from the juice of a
single kind of fruit only; and
(ii) not be produced from the juice of
grapes;
(c) be produced by the alcoholic fermentation
of such juice, or of reconstituted juice obtained from a concentrate of such
juice, or of a mixture of such juice and such reconstituted juice;
(d) be produced by completing or terminating
such alcoholic fermentation;
(e) be produced by the application of the
prescribed production processes only; and
(f) be produced in such a manner that it is
of a prescribed class and complies with the prescribed requirements for the
class concerned.
(2) An alcoholic fruit
beverage shall not contain a particular prescribed substance to a greater
extent than that prescribed.
(3) No person shall, either
before, during or after completion or termination of the alcoholic fermentation
referred to in subsection (1) (c) -
(a) add to or remove from the juice of fresh
fruit or the alcoholic fruit beverage produced therefrom, any substance other
than a substance prescribed for this purpose; and
(b) so add or remove a substance so
prescribed, otherwise than in accordance with the prescribed manner or
conditions.
7. Requirements
regarding spirits
(1) A spirit shall -
(a) be produced by the distillation or
redistillation, in accordance with the prescribed requirements, of a fermented
vegetable article or the distillate obtained therefrom; and
(b) be produced in such a manner that it is
of a prescribed class and complies with the prescribed requirements for the
class concerned.
(2) A spirit shall not
contain a particular prescribed substance to a greater extent than that
prescribed.
(3) No person shall -
(a) add to a spirit any substance other than
a substance prescribed for this purpose; and
(b) so add a substance so prescribed,
otherwise than in accordance with the prescribed manner or conditions.
8. Requirements
regarding grape-based liquors
(1) A grape-based liquor
shall -
(a) be produced from grapes of a prescribed
cultivar of which the juice has undergone complete or partial alcoholic
fermentation;
(b) be produced by treating such juice or
fermented product in the prescribed manner, or by adding thereto or removing
therefrom a prescribed substance; and
(c) be produced in such a manner that it is
of a prescribed class and complies with the prescribed requirements for the
class concerned.
(2) A grape-based liquor
shall not contain a particular prescribed substance to a greater extent than
that prescribed.
(3) No person shall, either
before, during or after completion or termination of the alcoholic fermentation
referred to in subsection (1) (a) -
(a) add to or remove from the product from which
a grape-based liquor is produced, or a substance added in terms of subsection
(1) (b), or a grapebased liquor, any substance other than a substance
prescribed for this purpose; and
(b) so add or remove a substance so
prescribed, otherwise than in accordance with the prescribed manner or
conditions.
9. Requirements
regarding spirit-based liquors
(1) A spirit-based liquor
shall -
(a) be produced by the treatment of a spirit
in the prescribed manner, or by the addition of a prescribed substance to a
spirit; and
(b) be produced in such a manner that it is
of a prescribed class and complies with the prescribed requirements for the
class concerned.
(2) A spirit-based liquor
shall not contain a particular prescribed substance to a greater extent than
that prescribed.
(3) No person shall -
(a) add to a spirit from which a
spirit-based liquor is produced, or a substance added in terms of subsection
(1) (a), or a spirit-based liquor, any substance other than a substance
prescribed for this purpose; and
(b) so add a substance so prescribed,
otherwise than in accordance with the prescribed manner or conditions.
10. Authorizations
regarding certain alcoholic products
(1) The Minister may by
notice in the Gazette grant authority that a person specified in such
notice -
(a) may sell, or produce for sale, for
drinking purposes, a sacramental beverage specified in such notice;
[Para. (a) substituted by s. 2 of Act
11/93]
(b) may sell, or produce for sale, for
drinking purposes, an alcoholic beverage obtained by the alcoholic fermentation
of the juice of oranges together with cane sugar; or
[Para. (b) substituted by s. 2 of Act
11/93]
(c) may sell, or produce for sale, for
drinking purposes, an alcoholic beverage obtained by the alcoholic fermentation
of honey.
[Para. (c) substituted by s. 2 of Act
11/93]
(2) An application for such
authorization shall be made in the prescribed manner and be accompanied by the
prescribed application fee.
(3) Such an authorization -
(a) shall, in the case of an alcoholic
beverage referred to in subsection (1) (b) or (c) be granted only if -
(i) the person concerned is authorized
in terms of a licence or authority issued or granted by or under the Liquor
Act, 1989 (Act No. 27 of 1989), to sell liquor as defined in the said Act;
(ii) the person concerned is the
successor in law of a person who was by notice under section 7 (2) (a) (ii) of
the Wine, Other Fermented Beverages and Spirits Act, 1957 (Act No. 25 of 1957),
permitted to sell the alcoholic product concerned or to produce it for sale, or
is the successor in law of the first-mentioned person; and
(iii) the predecessor in law to the person
concerned has maintained the permission or authorization concerned as
contemplated in subsection (6); and
[Para. (a) amended by s. 2 of Act 11/93]
(b) shall be granted for the period
specified in the notice concerned, and the continued validity thereof may be
maintained as contemplated in subsection (6).
(4) A notice referred to in
subsection (1) may contain conditions and restrictions regarding -
(a) the premises at which the alcoholic
beverage concerned may be produced;
(b) the volume of the alcoholic beverage
concerned that may be produced annually;
(c) the designation that shall apply as the
class designation for the alcoholic beverage concerned;
(d) the alcohol content of the alcoholic
beverage concerned;
(e) the processes which may or shall be
applied in connection with the production of the alcoholic beverage concerned;
(f) the substances that may either before,
during or after the production of the alcoholic beverage concerned, be added
thereto or removed therefrom, and the manner in which and the conditions
subject to which such substances may be so added or removed;
(g) the extent to which particular substances
may occur in the alcoholic beverage concerned;
(h) supervision over the production of the
alcoholic beverage concerned;
(i) the records that shall be kept and the
returns that shall be furnished in connection with the production and sale of
the alcoholic beverage concerned; and
(j) any other matter which the Minister
may, subject to the provisions of this Act, deem necessary or expedient in
order to attain the objects of this section, and the generality of this
provision shall not be limited by the preceding paragraphs of this subsection.
(5) (a) Subject
to the provisions of paragraph (b), a notice under section 7 (2) (a) of the
Wine, Other Fermented Beverages and Spirits Act, 1957, in terms of
which a person is permitted to sell or to produce for sale an alcoholic
beverage specified in such notice, and which is in force immediately prior to
the commencement of this section, shall be deemed to be a notice referred to in
subsection (1).
(b) The validity of a permission
granted in a notice referred to in paragraph (a) shall expire on a date 90 days
after the date of commencement of this section, unless the person mentioned in
such notice has before or on such date of expiry lodged a written application
for the continuation of the validity thereof with the administering officer.
(6) A person authorized or
deemed to be authorized in terms of this section, shall annually at the
prescribed time and in the prescribed manner pay the amount prescribed in
respect of the maintenance of that authority.
(7) (a) An
authorization granted or deemed to be granted in terms of this section shall
lapse if -
(i) the amount payable in terms of
subsection (6) has not been paid as contemplated in that subsection; or
(ii) the licence or authority referred to
in subsection (3) (a) in respect of the person concerned, has lapsed or has
been withdrawn.
(b) If an authorization has lapsed
as contemplated in paragraph (a), the Minister shall make it known by notice in
the Gazette.
11. Use
of certain particulars in connection with the sale of liquor products
(1) No person shall sell any
liquor product in a container, unless the prescribed particulars are indicated
in the prescribed manner on the label thereof.
(2) No person shall in
connection with the sale of a liquor product -
(a) use the word "wine" or "wyn", unless it
forms part of a class designation for the liquor product concerned, or that
liquor product is wine;
(b) use the word "spirit" or "spiritus",
unless it forms part of a class designation for the liquor product concerned,
or that liquor product is a spirit;
(c) use the word or expression "alcoholic
fruit beverage", "alkoholiese vrugtedrank", "grape-based liquor",
"druifbasisdrank", "spirit-based liquor", "spiritusbasisdrank", "specially authorized
liquor" or "spesiaal gemagtigde drank", unless it forms part of a class
designation for the liquor product concerned;
(d) use a class designation, or any word or
expression that so resembles a class designation that it will deceive or is
likely to deceive, unless it is the applicable class designation for the liquor
product concerned;
(e) indicate the alcohol content of the
liquor product concerned in any way other than by means of a percentage per
volume; and
(f) use the name of any country, or a word
or expression containing such name or partially consisting thereof, in a manner
which indicates or purports to indicate that such liquor product is a product
of a country other than the country of origin thereof.
(3) (a) Unless
authorized thereto in terms of a scheme, no person shall use in connection
with the sale of wine -
(i) the name under which an area or a
piece of land or a portion of a piece of land is defined by virtue of provision
included in a scheme in terms of section 15 (1) (d),
or deemed in terms of section 15 (2) (a) to have been so defined;
(ii) the name under which an area in the
Republic where viticulture is practised is generally known, irrespective of
whether the boundaries of such area can readily be determined or not;
(iii) the designation of any vine
cultivar, or any word or expression that so resembles such designation that it
will deceive or is likely to deceive;
(iv) any particulars that indicate or
purport to indicate that the wine concerned was produced in a particular year
or from grapes harvested in a particular year; and
(v) the word "estate", "landgoed",
"vineyard", "wingerd", "origin", "oorsprong", "vintage", "oesjaar", "superior"
or "superieur", or a translation of any of the said words in any language
whatsoever, or any word or expression that so resembles any of the said words
or a translation thereof that it will deceive or is likely to deceive.
(b) The Minister may, on the
recommendation of the board, by notice in the Gazette publish lists of
the names and designations referred to in paragraph (a) (ii) and (iii).
(c) The Minister may by notice in
the Gazette declare the provisions of paragraph (a), or so many thereof
as he may deem expedient in a particular case, applicable to a liquor product
other than wine, or a particular class thereof.
(4) (a) The
Minister may by notice in the Gazette prohibit or reserve, under such
circumstances and on such conditions as may be set out in the
notice, the use of any word, expression or representation in connection with
the sale of a particular liquor product, or a particular class thereof.
(b) A notice published in terms of
section 4 or 10 of the Wine, Other Fermented Beverages and Spirits Act, 1957
(Act No. 25 of 1957), and in force immediately prior to the date of
commencement of this section, shall be deemed to be a notice referred to in
paragraph (a).
(5) Notwithstanding anything
to the contrary contained in this section, the Minister may by regulation -
(a) prescribe the words or expressions that
are permissible additions to or transformations of specified class designations
of particular liquor products; and
(b) grant exemption, under such
circumstances and subject to such conditions as may be prescribed, from a prohibition
referred to in subsection (2) or (3).
(6) The provisions of this
section shall not be construed as restricting the use of -
(a) a trade mark as defined in section
2 (1) of the Trade Marks Act, 1963 (Act No. 62 of 1963), which is used or
is intended for use in connection with the sale of a liquor product;
(b) the name of a company as defined in section
1 (1) of the Companies Act, 1973 (Act No. 61 of 1973);
(c) the name of a co-operative society as
defined in section 1 of the Wine and Spirit Control Act, 1970 (Act 47/70); or
(d) the name of a corporation as defined in section
1 of the Close Corporations Act, 1984 (Act No. 69 of 1984),
that was
registered, used or established on the date of commencement of this section,
except if the word "estate", "landgoed", "vineyard" or "wingerd" is contained
in, or forms part of, such trade mark or name.
(7) The board and the
administering officer shall for the purposes of any proceedings in terms of any
applicable law, be deemed to be an interested party who may lawfully lodge an
objection against the continued registration, or an application for the
registration of, a trade mark or name referred to in subsection (6) in so far
as such objection relates to any word, expression or other particulars referred
to in subsection (2), (3) or (4).
12. Prohibition
of false or misleading descriptions for liquor products
(1) No person shall use any
name, word, expression, reference, particulars or indication in any manner,
either by itself or in coherence with any other verbal, written, printed,
illustrated or visual material, in connection with the sale of a liquor product
in a manner that conveys or creates or is likely to convey or create a false or
misleading impression as to the nature, substance, quality, composition or
other properties, or the class, cultivar, origin, age, identity, or manner or
place of production, of the liquor product.
(2) If -
(a) the administering officer or the board,
as the case may be, is of the opinion that a person has contravened the
provisions of subsection (1); and
(b) such person has declared himself prepared
thereto in writing,
the
administering officer or the board, as the case may be, may refer the alleged
contravention for investigation and decision to an appeal board referred to in section 22.
13. ……….
[S. 13 repealed by s. 3 of Act 11/93]
14. Establishment
of schemes
(1) The Minister may on the
recommendation of the board by notice in the Gazette establish a scheme
in respect of wine, brandy referred to in section 9 (1) (a) or (b) of the Wine
and Spirit Control Act, 1970 (Act No. 47 of 1970), or a grape-based liquor,
with a view to further regulating particular matters relating to the production
and sale of such liquor products, including the granting of authorizations for
the use of particulars referred to in section 11 (3)
(a) and (4) in connection with the sale of the said liquor products.
(2) The provisions of
different schemes may differ to such extent as the Minister may determine on
the recommendation of the board.
(3) A scheme so established
shall be administered by the board.
15. Provisions
of schemes
(1) A scheme may -
(a) set out the objects of the scheme;
(b) indicate the liquor product or class of
liquor product to which the scheme applies;
(c) indicate the particulars referred to in section 11 (3) (a) and (4) of which the use in connection
with the sale of a liquor product may be authorized in terms of such scheme;
(d) provide authority for the defining of
areas and pieces of land and portions of pieces of land under particular names,
for the amendment or withdrawal of such definitions, and for the imposition of
conditions applicable to any such definition, withdrawal or amendment;
(e) indicate the requirements to be complied
with before an authorization referred to in paragraph (c) may be granted;
(f) contain directives regarding the raw
materials to be used in connection with the production of the liquor product or
class of liquor product concerned, the place or time of production and the
composition thereof;
(g) provide for the applications to be made,
the notices to be furnished, the approvals to be obtained and the records to be
kept in connection with the processes applied during the production of the
liquor product or class of liquor product concerned;
(h) contain directives relating to the
addition of substances to, the removal of substances from and the application
of processes to the liquor product or class of liquor product concerned,
whether before, during or after the production thereof;
(i) indicate the requirements and
conditions to be complied with during the production of the liquor product or
class of liquor product concerned;
(j) set out the circumstances and
conditions under which a person may terminate his participation in such scheme;
(k) provide for the control to which the
liquor product or class of liquor product concerned shall be subject before an
authorization referred to in paragraph (c) may be granted;
(l) indicate the type of container in which
the liquor product or class of liquor product concerned shall or may be
contained, as well as the maximum capacity of such containers;
(m) indicate the requirements relating to the
labels on and the labelling of such containers, including the approval of
labels;
(n) provide that an authorization referred
to in paragraph (c), in respect of a particular quantity of the liquor product
or class of liquor product concerned may be refused if the board is satisfied
that -
(i) any other provision of such scheme
has not been complied with in respect of such quantity; or
(ii) such quantity does not comply with
the quality standards determined by the board;
(o) require that a seal or other mark
determined by the board for this purpose shall, in a manner determined by the
board, be affixed to or indicated on every container of the liquor product or
class of liquor product concerned, or on a specified label on any such
container;
(p) determine the fees, levies or charges
payable in respect of services rendered or approvals required in terms of such
scheme, or authorize the board to determine such fees, levies or charges;
(q) determine that the rendering of any
service in terms of such scheme may be refused to a person who is indebted to
the board in any amount in respect of fees, levies or charges referred to in
paragraph (p);
(r) determine that any person who refuses
or fails to comply with any provision of such scheme or a condition determined
thereunder, may be fully or partially excluded by the board from further
participation in such scheme;
(s) provide generally for any other matter
which, subject to the provisions of this Act, in the opinion of the Minister is
necessary or expedient in order to further or better achieve the objects of
such scheme, the generality of the power conferred by this paragraph not being
limited by the preceding paragraphs of this subsection.
(2) (a) The
definition of a particular area or piece of land under a particular name in
terms of section 22 of the Wine, Other Fermented Beverages and
Spirits Act, 1957 (Act No. 25 of 1957), and which is in force immediately prior
to the repeal of that section, shall remain in force, and shall, if it is in
force immediately prior to the establishment of a scheme for wine, when such a
scheme for wine is established, be deemed to be the definition of that area or
piece of land by virtue of provision included in such scheme in terms of
subsection (1) (d).
(b) Any other act performed in
terms of the regulations under the Wine, Other Fermented Beverages and Spirits
Act, 1957, with regard to wine and in respect of which an authority referred to
in subsection (1) (c) could have been granted if a scheme for wine was
established before the act concerned was performed, shall on the repeal of the
empowering provision in respect of such regulations remain in force, and shall,
when such scheme for wine is established, be deemed to be an act performed in
terms of the relevant scheme.
16. Restriction
on the importation of certain alcoholic products
(1) (a) No
person shall import any product with an alcohol content of more than one per
cent into the Republic for drinking purposes, except on the
authority of an import certificate issued by the administering officer.
(b) The provisions of paragraph
(a) shall not apply to -
(i) beer, sorghum beer and medicine
referred to in section 4 (2);
(ii) a product referred to in that
paragraph that is imported by or for a Head of State, or by or for a diplomatic
or other foreign representative referred to in Item 406.00 of Schedule 4 of the
Customs and Excise Act, 1964 (Act No. 91 of 1964); and
(iii) a product referred to in that
paragraph that is imported for a prescribed purpose, or of which a consignment
does not exceed the prescribed volume.
(2) An application for an
import certificate shall be made in the prescribed manner, and the prescribed
application fee shall be payable in respect thereof.
(3) (a) Subject
to the provisions of paragraph (b), an import certificate shall be issued
only if -
(i) the product concerned is wine, an
alcoholic fruit beverage, a spirit, a grapebased liquor or a spirit-based
liquor; and
(ii) in the case of a product imported in
the containers in which it is to be sold in the Republic, the labels on those
containers comply with the applicable requirements of this Act.
(b) An import certificate may also
be issued in respect of a product other than a product referred to in paragraph
(a) (i) if -
(i) that product does not contain a
particular prescribed substance to a greater extent than prescribed;
(ii) that product is imported in the
fully labelled containers in which it is to be sold in the Republic;
(iii) the labels on those containers
comply with the applicable requirements of this Act; and
(iv) the board recommends that the
application for the import certificate concerned be granted.
(4) (a) An
import certificate shall be issued on the conditions determined by the
administering officer or, in the case of a product referred to in
subsection (3) (b), the board.
(b) The further disposal of a
product that is imported in bulk shall be subject to compliance with the
prescribed directions.
(5) (a) A
product that is imported into the Republic contrary to the provisions of
subsection (1) or a condition determined under subsection (4) (a),
or in respect of which the prescribed directions referred to in subsection (4)
(b) have not been complied with, shall, at the option of the importer thereof -
(i) at the expense of such importer be
removed by him from the Republic within such period as the administering
officer may determine;
(ii) with the approval of the
administering officer and subject to such conditions as he may determine, be
treated or dealt with so that the product concerned thereafter complies with
the applicable provisions of this Act; or
(iii) be forfeited to the State, and
thereafter destroyed.
(b) If an importer fails to remove
such product from the Republic within the period determined in terms of paragraph
(a) (i), or to comply with a condition determined in terms of paragraph (a)
(ii), that product shall be forfeited to the State, and thereafter be
destroyed.
(c) The State may recover any
expenses incurred by it in connection with the destruction of a product in
terms of paragraph (a) (iii) or (b) from the importer concerned.
(6) A certificate of removal
issued in terms of section 27A of the Wine, Other Fermented Beverages and
Spirits Act, 1957 (Act No. 25 of 1957), and in force immediately prior to the
date of commencement of this section, shall be deemed to be an import
certificate which has been issued in terms of this section.
17. Restriction
on the exportation of liquor products
(1) (a) No
person shall export any product with an alcohol content of more than one
percent for drinking purposes, except on the authority of an export
certificate issued by the administering officer.
(b) The provisions of paragraph
(a) shall not apply to -
(i) beer, sorghum beer and medicine
referred to in section 4 (2); and
(ii) a liquor product exported for a
prescribed purpose or to a prescribed country, or of which a consignment does
not exceed the prescribed volume.
(2) An application for an
export certificate shall be made in the prescribed manner, and the prescribed
application fee shall be payable in respect thereof.
(3) An export certificate
shall only be issued if -
(a) the product concerned is a liquor
product or, in the case of another product, the exporter thereof satisfies the
administering officer that such other product may be sold for drinking purposes
in the country to which it is to be exported; and
(b) when required by regulation, the board
has in the prescribed manner found the product concerned to be suitable for
export.
(4) The export of a product
on the authority of an export certificate shall be subject to compliance with
the prescribed directions.
(5) An export certificate
issued in terms of the regulations made under the Wine, Other Fermented
Beverages and Spirits Act, (Act No. 25 of 1957), and which is in force
immediately prior to the date of commencement of this section, shall be deemed
to be an export certificate issued in terms of this section.
18. Powers
of entry, investigation and sampling
(1) (a) The
administering officer and an officer acting under a delegation or direction of
the administering officer may, whenever he deems it necessary in the
exercising or carrying out by him of any power or duty which is granted to or
imposed upon the administering officer by or under this Act, at any reasonable
time without prior notice enter upon any place, premises or conveyance.
(b) The provisions of paragraph
(a) shall in connection with the exercise of a function conferred on the board
by or under this Act or in terms of a scheme, apply mutatis mutandis to
-
(i) a person employed by the board;
(ii) any person with whom the board has
entered into an agreement in terms of section 2 (10)
(a) (v); and
(iii) any person employed by a person
referred to in subparagraph (ii).
(c) A person who enters upon any
place, premises or conveyance in terms of this subsection shall show proof of
his identity and authority when requested thereto by the person in charge of
the place, premises or conveyance concerned.
(2) A person referred to in
subsection (1) may, when acting under that subsection -
(a) take with him such assistants,
appliances, instruments, tools or other things as he may deem necessary for the
relevant purpose;
(b) demand from the owner or person in
charge of the place, premises or conveyance concerned all reasonable assistance
that such person may deem necessary in order to enable him to exercise, carry
out or perform his powers, duties or functions in connection with that place,
premises or conveyance;
(c) examine or test any liquor product,
material, substance or other article in respect of which this Act or scheme
applies and which is, or which is suspected to be, produced, processed, treated,
prepared, graded, classified, packed, marked, labelled, held, bottled, removed,
transported, exhibited or sold there;
(d) inspect the operations or processes in
connection with any action referred to in paragraph (c), and demand from the
owner or custodian of the liquor product, material, substance or other article
concerned, or from the person supervising such operations or processes, any
information or an explanation regarding the operation, process, liquor product,
material, substance or other article concerned;
(e) take such samples of the liquor product,
material, substance or other article concerned as he may deem necessary, and
for such purpose open any container in which that liquor product, material,
substance or other article is contained; and
(f) examine and make copies of or take
extracts from any book or document in respect of which he on reasonable grounds
suspects that it relates to such product, material, substance or other article,
irrespective of whether it is kept on or at the place, premises or conveyance
concerned or at any other place, and demand from the owner or custodian of such
book or document an explanation of any record or entry therein.
(3) The provisions of
subsection (2) (d) and (f) shall not be construed as authorizing a person
referred to in subsection (1) to demand information by which he may acquire
knowledge of any secret formula for the production or blending of a liquor
product.
(4) A sample taken in terms
of subsection (2) (e) shall with the least possible delay be submitted to an
analyst for testing, examination or analysis.
(5) A person referred to in
subsection (1) shall in respect of each sample taken of a liquor product
contained in a labelled container, issue a receipt of sampling to the custodian
of the product concerned.
19. Seizures
(1) A person referred to in section 18 (1) may at any reasonable time and in any
manner deemed fit by him, without prior notice to any person, seize any liquor
product, material, substance or other article, or any book or document, that -
(a) is concerned or is on reasonable grounds
believed by him to be concerned in the commission or suspected commission of
any offence under this Act;
(b) may afford evidence of the commission or
suspected commission of any such offence; or
(c) is intended or is on reasonable grounds
believed by him to be intended to be used in the commission of any such
offence.
(2) Such person may remove
any quantity of a liquor product, material, substance or other article, or any
book or document, so seized, from the place, premises or conveyance where he
seized it, or leave it thereon and, if he deems it necessary, attach such
identification mark or seal as he may deem necessary on such liquor product,
material, substance or other article or the container thereof, or on such book
or document.
(3) (a) The
administering officer or the board, as the case may be, may -
(i) grant authority that a liquor
product, material, substance or other article seized in terms of subsection
(1), may within the period and in the manner specified in such authorization,
be treated or dealt with;
(ii) if the said officer or the board is
satisfied that the cause for the seizure concerned has been removed by such
treatment or action, return the liquor product, material, substance or other
article to the person from whom it was seized.
(b) If no criminal proceedings are
instituted in connection with a liquor product, material, substance or other
article seized in terms of subsection (1), or if it appears that such liquor
product, material, substance or other article is not required at the trial for
purposes of evidence or an order of court, that liquor product, material,
substance or other article shall be returned to the person from whom it was
seized.
20. Analysis
of samples
(1) (a) The
Director-General may designate a person qualified by technical training,
possessing adequate knowledge, skill and experience, and having
adequate facilities at his disposal, as an analyst for the purposes of the
provisions of this Act or a scheme.
(b) The designation of a person as
an analyst in terms of section 28 of the Wine, Other Fermented Beverages and
Spirits Act, 1957, (Act No. 25 of 1957), shall, if in force immediately prior
to the date of commencement of this section, be deemed to have been done in
terms of paragraph (a).
(2) Each sample submitted to
an analyst in terms of section 18 (4) shall be tested,
examined or analysed by him in accordance with the prescribed methods.
(3) An analyst shall -
(a) record the results of such test,
examination or analysis on a certificate determined for this purpose by the
administering officer or the board, as the case may be; and
(b) furnish the original of such certificate
to the person referred to in section 18 (1) by whom
the sample concerned was taken.
(4) No person shall use a
certificate referred to in subsection (3), or any results recorded on such
certificate, in any manner whatsoever for the purposes of any advertisement.
21. Secrecy
(1) No person shall, except
for the purpose of the performance of his functions under this Act or a scheme,
or for the purpose of legal proceedings under this Act, or when required to do
so by any competent court or under any law, or with the written consent of the
Minister, disclose to any other person any information acquired by him in the
performance of his functions under this Act or a scheme and which relates to
the business or affairs of any person, or use such information for self-gain or
for the benefit of his employer.
(2) No person shall, except
with the written consent of the Minister, give access to any person other than
a person referred to in section 18 (1) or a person
entitled thereto in terms of any law, to any records or registers kept in terms
of this Act or a scheme.
22. Appeals
(1) Any person whose
interests are affected by any decision or direction of the administering
officer or the board under this Act or a scheme, may appeal against such
decision or direction to an appeal board appointed by the Director-General for
this purpose.
(2) Such appeal shall be
lodged in the prescribed manner within the prescribed period, and the
prescribed amount shall be payable in respect thereof.
(3) (a) An
appeal board referred to in subsection (1), shall consist of -
(i) a person appointed by reason of his
knowledge of the law, and who shall act as chairman of the appeal board; and
(ii) two persons respectively nominated
in the prescribed manner by the appellant and the administering officer or the
board, as the case may be.
(b) An appellant, a person
employed by the appellant, the administering officer, an officer performing his
functions under the control of the administering officer, a member or an
alternate member of the board, a member of a committee of the board and a
person referred to in section 2 (10) (b) shall not be
appointed as a member of an appeal board.
(4) All the members of an
appeal board shall constitute a quorum for any meeting of the appeal board, and
a decision of the majority of the members thereof shall be a decision of the
appeal board.
(5) There may be paid to a
member of an appeal board who is not in the full-time employment of the State,
from moneys appropriated by Parliament for this purpose, such remuneration or
allowances as may be determined by the Minister, with the concurrence of the
Minister of Finance, in general or in any particular case.
(6) Such appeal board may -
(a) confirm, set aside or amend the decision
or direction which is the subject of the appeal;
(b) refer the relevant matter back to the
board or the administering officer for reconsideration; or
(c) make such order in connection therewith
as it may deem fit.
(7) The administering
officer or the board, as the case may be, shall be bound by a decision of an
appeal board.
(8) The decision of an
appeal board together with the reasons therefor shall be in writing, and copies
thereof shall be furnished to the Director-General, the appellant and the
administering officer or the board, as the case may be.
(9) If the decision or
direction which is the subject of an appeal -
(a) is set aside, the amount referred to in
subsection (2) shall be refunded to the appellant concerned;
(b) is amended, or is referred back to the
administering officer or the board for reconsideration, such portion of the
amount referred to in subsection (2) as the appeal board concerned may
determine, shall be refunded to the appellant concerned.
23. Offences
and penalties
(1) Any person who -
(a) contravenes or fails to comply with a
provision of section 4 (1), 5
(3) (a), 6 (3) (a), 7 (3) (a), 8 (3) (a), 9 (3) (a), 11 (1), (2) or (3), 12 (1), 16 (1) (a), 17 (1) (a) or 21 (1) or (2);
(b) contravenes or fails to comply with a
provision of section 5 (3) (b), 6
(3) (b), 7 (3) (b), 8 (3) (b), 9 (3) (b) or 20 (4);
[Para. (b) substituted by s. 4 of Act
11/93]
(c) contravenes or fails to comply with a
condition, restriction, prohibition, reservation or direction imposed under section 10 (4), 11 (4) or (5)
(b), 16 (4) or (5), 17 (4) or
28 (3) (a);
(d) after his application for participation
in a scheme has been approved, refuses or fails to comply with the provisions
of that scheme or a condition determined in terms thereof;
(e) obstructs or hinders a person referred
to in section 18 (1) in the exercise of his powers or
the carrying out of his duties under this Act or a scheme;
(f) refuses or fails to render the
reasonable assistance that a person referred to in section
18 (1) demands from him in terms of section 18 (2) (b) in the exercising of
his powers or the carrying out of his duties under this Act or a scheme;
(g) refuses or fails to furnish information
or give an explanation or to answer to the best of his ability to a question
lawfully demanded from or put to him by a person referred to in section 18 (1) in the exercising of his powers or the
carrying out of his duties under this Act or a scheme, or furnishes
information, an explanation or an answer to such person which is false or
misleading, knowing that it is false or misleading;
(h) tampers with a sample taken in terms of section 18 (2) (e), or the identification or seal of such
sample;
(i) sells, removes or tampers with a liquor
product, material, substance or other article, or a book or document seized in
terms of section 19, or tampers with an identification
mark or other seal attached thereto in terms of that section;
(j) falsely holds himself out to be an
analyst;
(k) effects any unauthorized alteration,
deletion or entry on any certificate which has been issued in terms of this
Act,
shall be guilty of an offence.
(2) Any person who is
convicted of an offence under this Act shall -
(a) on a first conviction of an offence
referred to in paragraph (a), (c), (d), (e), (f) or (g) of subsection (1), be
liable to a fine not exceeding R8 000 or to imprisonment for a period not
exceeding two years or to both that fine and that imprisonment;
(b) on a second or subsequent conviction of
an offence mentioned in paragraph (a), whether it be the same offence or some
other offence mentioned in that paragraph, be liable to a fine not exceeding
R16 000 or to imprisonment for a period not exceeding four years or to
both that fine and that imprisonment;
(c) on a first conviction of an offence
referred to in paragraph (b), (h), (i), (j) or (k) of subsection (1), be liable
to a fine not exceeding R2 000 or to imprisonment for a period not
exceeding six months or to both that fine and that imprisonment; and
(d) on a second or subsequent conviction of
an offence mentioned in paragraph (c), whether it be the same offence or some
other offence mentioned in that paragraph, be liable to a fine not exceeding
R4 000 or to imprisonment for a period not exceeding one year or to both
that fine and that imprisonment.
24. Presumptions
and evidence
In any prosecution under this Act -
(a) it shall be presumed, unless the
contrary is proved, that the applicable provisions of this Act or a scheme
apply to the product in respect of which the offence concerned has allegedly
been committed;
(b) any quantity of a liquor product,
material, substance or other article in or upon any place, premises or
conveyance when a sample thereof is taken in accordance with the provisions of
this Act shall, unless the contrary is proved, be deemed to be of the same
composition as that sample, and to possess in all other respects the same
properties as that sample;
(c) a certificate referred to in section 20 (3) in which the result of a test, examination
or analysis carried out in terms of section 20 (2) is recorded, and which
purports to be signed by the analyst who carried out that test, examination or
analysis, shall be accepted as prima facie proof of the facts mentioned
therein;
(d) any statement or entry contained
in any book or document kept by any person or the manager, agent or employee of
such person, or found in or upon any place or premises occupied by, or any
vehicle used in the business of, such person, shall be admissible in evidence
against him as an admission of the facts set forth in that statement or entry,
unless it is proved that such statement or entry was not made by such person,
or by the manager, agent or employee of such person in the course of his work
as manager or in the course of his agency or employment; and
(e) it shall be presumed, unless the
contrary is proved, that a permit, authorization, consent, approval,
certificate or other document has not been issued, given or granted to any
person who in terms of this Act or a scheme is required to be in possession
thereof.
25. Forfeitures
The court
convicting any person of an offence under this Act shall, when requested
thereto by the public prosecutor, in addition to any other penalty imposed in
respect of that offence, order that a relevant quantity of a liquor product,
material, substance or other article which is the subject of the charge against
such person, be forfeited to the State, after which the property so forfeited
shall be destroyed.
26. Vicarious
liability
(1) When a manager, representative,
agent, employee or member of the family of a person (in this section called the
principal) does or omits to do any act, and it would be an offence under this
Act for the principal to do or omit to do such act himself, that principal
shall be deemed himself to have done or omitted to do the act, unless he
satisfies the court that -
(a) he neither connived at nor permitted the
act or omission by the manager, representative, agent, employee or member
concerned;
(b) he took all reasonable steps to prevent
the act or omission; and
(c) an act or omission, whether lawful or
unlawful, of the nature charged, on no condition or under no circumstance fell
within the scope of the authority or employment of the manager, representative,
agent, employee or member concerned,
and the fact
that such principal issued instructions whereby an act or omission of that
nature is prohibited, shall in itself not be sufficient proof that he took all
reasonable steps to prevent the act or omission.
(2) When a principal is by
virtue of subsection (1) liable for an act or omission by a manager,
representative, agent, employee or member of his family, that manager,
representative, agent, employee or member shall also be liable therefor as if
he were the principal concerned.
(3) The provisions of
subsection (2) shall not release a manager, representative, agent, employee or
member contemplated in that subsection from any other liability which he may
have incurred apart from the liability which he shares with the principal
concerned.
(4) In the application of
this section in any prosecution, evidence that any article was at the time of
the act or omission charged, in the possession or under the custody,
supervision, control or care of any manager, representative, agent, employee or
member of the family of the principal, shall be prima facie proof that the
principal concerned is the owner of the article concerned.
27. Regulations
(1) The Minister may make
regulations regarding -
(a) any matter which in terms of this Act is
required or permitted to be prescribed;
(b) control of the receipt, keeping and use
of particular substances which are or may be used, or shall not be used, in
connection with the production of liquor products, at premises where the liquor
products are produced;
(c) the designation of a person charged with
the application of this Act, and regarding different such designations in
relation to different provisions of this Act;
(d) processes which shall or may be applied
in the production of liquor products;
(e) requirements for raw materials that may
be used in or in connection with the production of a liquor product, and
control which is to be exercised over such raw materials;
(f) methods and procedures in connection
with the taking of samples;
(g) the registration of particulars in
respect of persons for the purposes of section 11 (1);
(h) the procedure at proceedings of an
appeal board referred to in section 22;
(i) prohibited practices in connection with
the indication of particulars on containers in which liquor products are sold,
and in connection with the use of certain particulars in connection with the
sale of liquor products;
(j) the keeping of records and the
furnishing of returns in connection with the production and sale of liquor
products;
(k) the fees payable in respect of anything
done under this Act, or which is required to be so done;
(l) the permissible tolerances with regard
to prescribed requirements, specifications or other directions,
and, generally,
with regard to any matter which he considers it necessary or expedient to
prescribe in order to achieve or to promote the objects of this Act, and the
generality of this provision shall not be limited by the preceding paragraphs
of this subsection.
(2) Different regulations
which differ in the respects deemed expedient by the Minister, may, subject to
the provisions of this Act, be made under this section, in relation to
different areas in the Republic or of different liquor products or classes
thereof.
(3) A regulation may for any
contravention thereof or failure to comply therewith, prescribe a penalty which
shall not exceed a fine of R2 000 or imprisonment for a period of six
months or both that fine and that imprisonment.
(4) A regulation prescribing
fees shall be made with the concurrence of the Minister of Finance.
28. Discretionary
powers
(1) When the administering
officer or the board considers any application or request made under or by virtue
of this Act or a scheme, he or the board may make any investigation or inquiry
in connection therewith which may be deemed necessary, and for the purposes of
such investigation or inquiry demand that such documents, information or
samples as may be specified, be submitted to him or the board.
(2) Whenever a regulation or
a scheme specifies any period within which anything is to be done or performed,
the administering officer or the board, as the case may be, may extend the
period concerned, either before or after the period has expired.
(3) Any approval,
authorization or consent given or granted under or by virtue of this Act or a
scheme may, except where expressly provided otherwise -
(a) be made subject to such conditions as
the administering officer or the board, as the case may be, may in each case
determine; and
(b) be amended or withdrawn by the
administering officer or the board, as the case may be, if he deems it
expedient.
(4) If the administering
officer or the board, by virtue of a power vested in him or the board by or
under this Act or a scheme -
(a) refuses to approve an application or a
request which was submitted to him in writing; or
(b) amends or withdraws an approval,
authorization or consent as contemplated in subsection (3) (b),
he shall notify the applicant concerned in
writing of his decision and of the grounds on
which it is based.
29. Delegation
of powers
(1) The Minister may,
subject to such conditions as he may impose, in writing delegate any power
conferred on him by this Act, excluding a power referred to in sections 14 and 27, to an
officer employed by the department, but shall not be divested of any power so
delegated and may set aside or amend any decision of the delegate made in the
exercise of such a power.
(2) The Director-General
may, subject to such conditions as he may impose, in writing delegate any power
conferred on him by this Act to an officer employed by the department, but
shall not be divested of any power so delegated and may set aside or amend any
decision of the delegate made in the exercise of such a power.
30. Defects
in form
A defect in the
form of any document which in terms of any law is required to be executed in a
particular manner, or in a document issued in terms of this Act or a scheme,
shall, if the document substantially complies with the applicable legal
requirements, not render unlawful any administrative act performed in terms of
this Act or a scheme in respect of the matter to which such document relates,
and shall not be a ground for exception to any legal procedure which may be
taken in respect of such matter.
31. Limitation
of liability
No person,
including the State, shall be liable in respect of anything done or omitted in
good faith in the exercise of a power or the carrying out of a duty or the
performance of a function under or by virtue of this Act or a scheme, or in the
rendering of any service in terms of this Act or a scheme, or in respect of
anything that may result therefrom.
32. Repeal
and amendment of laws
Subject to the
provisions of sections 2 (8) (c) and (10) (c), 10 (5) (a), 11 (4) (b), 15 (2), 16 (6), 17 (5) and 20 (1) (b), the laws
mentioned in the Schedule are hereby repealed or amended to the extent indicated
in the third column thereof.
33. Short
title and commencement
(1) This Act shall be called
the Liquor Products Act, 1989, and shall come into operation on a date fixed by
the State President by proclamation in the Gazette.
(2) Different dates may be
fixed under subsection (1) in respect of different provisions of this Act.
Schedule
LAWS REPEALED OR AMENDED
(Section
32)
No. and year of law
|
Short title
|
Extent of repeal or amendment
|
Act No. 14 of 1921
|
Restriction on the Importation of Wine
and Spirits Act, 1921
|
The repeal of the whole.
|
Act No. 25 of 1957
|
Wine, Other Fermented Beverages and
Spirits Act, 1957
|
The repeal of the whole.
|
Act No. 91 of 1964
|
Customs and Excise Act, 1964
|
1 . The amendment of section 1-
(a) by the deletion in subsection (1) of
the definition of "Government Brandy Board"; and
(b) by the insertion in subsection (1)
after the definition of "vehicle" of the following definition:
"Wine and Spirit Board" means the
board referred to in section 2 of the Liquor Products Act, 1989.".
|
|
|
2. The amendment of section 30 by the
substitution in subsection (1) for the expression "Government Brandy
Board", where it appears in the words preceding the proviso, of the
expression "Wine and Spirit Board".
|
Act No. 50 of 1966
|
Wine, Spirits and Vinegar Amendment Act,
1966
|
The repeal of the whole.
|
Act No. 30 of 1968
|
Wine, Other Fermented Beverages and
Spirits Amendment Act, 1968
|
The repeal of the whole.
|
|
Wine and Spirit Control Act, 1970
|
......
|
Act No. 62 of 1970
|
Wine, Other Fermented Beverages and
Spirits
Amendment Act, 1970
|
The repeal of the whole.
|
Act No. 75 of 1974
|
Wine, Other Fermented Beverages and
Spirits Amendment Act, 1974
|
The repeal of the whole.
|
Act No. 68 of 1976
|
Wine, Other Fermented Beverages and
Spirits Amendment Act, 1976
|
The repeal of the whole.
|
Act No. 7 of 1980
|
Wine, Other Fermented Beverages and
Spirits Amendment Act, 1980
|
The repeal of the whole.
|
Act No. 87 of 1980
|
Wine and Spirits Amendment Act, 1980
|
The repeal of sections 13 and 14.
|
Act No. 63 of 1984
|
Wine and Spirits Amendment Act, 1984
|
The repeal of sections 6 to 10,
inclusive.
|
Act No. 97 of 1986
|
Transfer of Powers and Duties of the
State President Act, 1986
|
The repeal in the First Schedule of the
item relating to the Restriction on the Importation of Wine and Spirits Act,
1921 (Act No. 14 of 1921), and in the Second Schedule of the item relating to
the Wine, Other Fermented Beverages and Spirits Act, 1957 (Act No. 25 of
1957).
|
Act No. 36 of 1988
|
Wine and Spirit Amendment Act, 1988
|
The repeal of sections 12 and 13.
|
Act No. 27 of 1989
|
Liquor Act, 1989
|
1. The amendment of section 2-
(a) by the insertion of the following
definition before the definition of "beer":
"alcoholic fruit beverage' means-
(a) an alcoholic fruit beverage as
defined in section 1 of the Liquor Products Act, 1989; and
(b) a specially
authorized liquor as defined in section 1 of the Liquor
Products Act, 1989, obtained by the
alcoholic fermentation of the juice of oranges together with
cane-sugar;";
(b) by the substitution for the
definition of "brandy" of the following definition:
"'brandy' means the spirit which
complies with the requirements prescribed by or under the Liquor Products
Act, 1989, for the class of spirit manufactured or sold under the name of
brandy.".
(c) by the amendment of the definition of
"liquor"
(i) by the substitution for paragraph (a)
of the following paragraph
"(a) any beer or sorghum
beer;"; and
(ii) by the substitution for paragraph (b)
of the following paragraph:
"(b) any liquor product as defined
in section 1 of the Liquor Products Act, 1989;";
(a) by the deletion of the definition of
"other fermented beverage";
(e) by the substitution for the
definition of "spirit" of the
following definition:
"'spirit' means a spirit and a
spirit-based liquor, as defined in section 1 of the Liquor Products Act,
1989;"; and
by the substitution for the definition of
"wind" of the following definition:
" 'wine' means wine as defined in
section 1 of the Liquor Products Act, 1989.".
|
|
|
2. The amendment of section 3-
(a) by the substitution in paragraph (j)
of subsection (1) for the words preceding subparagraph (i), of the following
words:
"a person who bona fide engages in
viticulture, with regard to the sale of wine or brandy which'; and
(b) by the substitution for paragraph (1)
of subsection (1) of the following paragraph:
"(1) a person referred to in a
notice under section 10 of the Liquor Products Act, 1989, with regard to the
sale of any sacramental beverage under such a notice;"
|
|
|
3. The amendment of section 49 by the
substitution for paragraph (a) of the following paragraph:
"(a) under a name given or a
description contained in the
Liquor Products Act, 1989, the
regulations made thereunder or any other law, which does not as to its
constituents comply with the
requirements of that Act or the said
regulations or other law;'.
|
|
|
4. The amendment of section 59-
(a) by the substitution for paragraph (b)
of subsection (2) of the following paragraph:
"(b) 'estate' means an estate
defined under that section, or in terms of a scheme established under section
14 of the Liquor Products Act, 1989;";
(b) by the substitution for paragraph (c)
of subsection (2) of the following paragraph:
"(c) 'table wine' means wine
containing not more than 14 per cent by
volume of alcohol and sold under the name of the estate concerned;";
(c) by the deletion of paragraph (d) of
subsection (2).
|
|
|
5. The amendment of section 88 by the
substitution for subsection (2) of the following subsection:
"(2) In the application of
subsection (1) 'table wine' means wine containing not more than 14 per cent
by volume of alcohol.".
|
|
|
6. The amendment of section 91 by the
substitution for the words
preceding paragraph (a) of the
following words:
'The holder of a wine farmer's
licence shall not sell liquor other
than wine which-'.
|
|
|
7. The amendment of section 101-
(a) by the substitution for paragraph (b)
of subsection (1) of the following paragraph:
"(b) where he manufactures any
alcoholic fruit beverage, only sell such beverage which has been manufactured
from fruit produced on such land, or from fruit or the juice thereof
purchased or otherwise procured by the holder or such a member, or from the
juice of oranges together with cane sugar,"; and
(b) by the deletion of subsection (2).
|
[Schedule amended by s. 58D of Act
47/70]
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