LIQUOR
PRODUCTS ACT 60 OF 1989
REGULATIONS
Published
under Government Notice R1433 in Government Gazette 12558 of 29 June
1990 and amended by:
GN R838
|
GG 13159
|
19/4/91
|
GN R501
|
GG 17060
|
29/3/96
|
GN R2841
|
GG 13646
|
29/11/91
|
GN R1038
|
GG 18182
|
8/8/97
|
GN R2079
|
GG 14169
|
24/7/92
|
GN R1141
|
GG 18224
|
29/8/97
|
GN R2593
|
GG 14267
|
11/9/92
|
GN R833
|
GG 18992
|
26/6/98
|
GN R2791
|
GG 14304
|
2/10/92
|
GN R1078
|
GG 19174
|
28/8/98
|
GN R3152
|
GG 14410
|
20/11/92
|
GN R24
|
GG 19657
|
8/1/99
|
GN R1376
|
GG 15014
|
30/7/93
|
GN R70
|
GG 19688
|
22/1/99
|
GN R2350
|
GG 15312
|
10/12/93
|
GN R672
|
GG 20101
|
28/5/99
|
GN R356
|
GG 15515
|
25/2/94
|
GN R951
|
GG 20330
|
6/8/99
|
GN R636
|
GG 15607
|
8/4/94
|
GN R21
|
GG 21972
|
12/1/2001
|
GN R1022
|
GG 15761
|
27/5/94
|
GN R349
|
GG 22226
|
20/4/2001
|
GN R2242
|
GG 16183
|
23/12/94
|
GN R678
|
GG 22495
|
27/7/2001
|
GN R394
|
GG 16307
|
17/3/95
|
GN R343
|
GG 24967
|
7/3/2003
|
GN R1695
|
GG 16796
|
3/11/95
|
GN R77
|
GG 28428
|
3/2/2006
|
GN R1876
|
GG 16855
|
8/12/95
|
GN R814
|
GG 29096
|
11/8/2006
|
The
Minister of Agriculture has under section 27 of the Liquor Products Act, 1989
(Act No. 60 of 1989) -
(a) made the regulations in the
Schedule; and
(b) determined that the said
regulations shall come into operation on 1 July 1990.
SCHEDULE
[Note: The figures and letters specified in
square brackets at the headings of regulations denote the numbers of the
applicable sections in the Act which serve as authority therefor.]
Subdivision of regulations
1. Definitions
Part 1
Production and compositional requirements
2. Designated vine cultivars for wine
3. General requirements for wine
4. Designated classes for wine
5. Requirements for designated classes of wine
6. Designated classes for alcoholic fruit beverages
7. Production processes for alcoholic fruit beverages
8. Requirements for alcoholic fruit beverages
9. Designated raw materials and classes for spirits
10. Requirements for grape
spirit
11A. Requirements for premium husk spirit
12. Requirements for pot still brandy
13. Requirements for brandy
14. Requirements for vintage brandy
15. Requirements for whisky
16. Requirements for malt whisky
17. Requirements for blended whisky
18. Requirements for cane spirit
19. Requirements for rum
20. ……….
21. Requirements for gin
22. Requirements for vodka
23. Requirements for unspecified spirits
24. Requirements for mixed spirits
25. Designated vine cultivars for grape-based liquors
26. Designated classes for grape-based liquors
27. Requirements for grape-based liquors
28. Designated classes for spirit-based liquors
29. Requirements for spirit-based liquors
30. Addition of substances to
liquor products
31. Removal of substances from liquor products
32. Restricted substances in liquor products
Part 2
Labels and labelling requirements
33. Compulsory particulars on labels
34. Manner in which particulars must be indicated
35. Indication of class designation
36. Indication of alcohol content
37. Indication of country of origin
38. Indication of name and address or code number of
responsible seller
39. Prohibited practices and exemptions in connection with
certain indications
39A. Exemption from prohibition
40. Registration of code numbers
41. ……….
Part 3
Import requirements
42. Exemptions
43. Application for import certificates
44. Exemption from payment of fees
45. Samples of products intended for import
46. Certificates of Analysis
47. Issuing of import certificates
48. Certificates of removal for imported liquor products
49. Disposal of liquor products imported in bulk
Part 4
Export requirements
50. Exemptions
51. Applications for export certificates
52. Samples of products intended for export
53. Issuing of export certificates
54. Export directions
Part 5
Miscellaneous provisions
55. Authorizations regarding
alcoholic products
56. Control over the receipt, keeping and use of certain
substances
57. Analysis of samples
58. Appeals
59. Offences and penalties
60. Permissible tolerances
60A. Prohibition of lead coatings
61. Payment of fees
Table 1: Grape cultivars
which may be used for the production of wine.
Table 2: Classes for wine and specific requirements for
classes.
Table 3: Classes for alcoholic fruit beverages and
fruit and alcohol content requirements for classes.
Table 4: Classes and requirements for grape-based
liquors.
Table 5: Classes and requirements for spirit-based
liquors.
Table 6: Substances which may be added to liquor
products.
Table 7: Substances which may be removed from liquor
products.
Table 8: Restricted substances in liquor products.
Table 9: Letter sizes of indications on labels.
Table 10: Permissable alternatives for class
designations.
Table 11: ……….
Table 12: Exempted countries.
Table 13: Permissible tolerances
1. Definitions [27 (l)] [To index]
Any word or expression in these regulations to which a
meaning has been assigned in the Act shall have that meaning and, unless the
context otherwise indicates
"bottle" means a container made of glass;
"certify"
means to grant authorization in terms of a scheme for 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;
"code number"
means a code number registered or deemed to be registered in terms of regulation 40 in respect of the responsible seller of a
liquor product;
"concentrated must" means the product
obtained through the partial dehydration of must, and of which the specific
gravity is at least 1,24;
"customs and excise officer" means an officer referred to in section 1 of the
Customs and Excise Act, 1964 (Act No. 91 of 1964);
"customs and excise warehouse" means a warehouse licensed in terms of section 19 of
the Customs and Excise Act, 1964;
"fortified wine" means wine to which a spirit derived from the fermented juice of the
product of the grape 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" substituted by GN R1078/98]
"fruit juice"
means the juice of fresh fruit, including reconstituted juice obtained from a
concentrate of such juice or a mixture of such juice and such reconstituted
juice, that is in such a condition that fermentation can occur in the undiluted
juice;
"main label"
……….
[Definition of "main label" deleted by GN R1876/95]
"must" means
the juice of fresh grapes and that is in such a condition that alcoholic
fermentation can occur 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 per cent;
"pressure"
means the total gaseous tension, measured at 20 ºC, in a container in which a
liquor product is sold;
"residual sugar content" means the quantity of reducing sugar, calculated as a
mass per volume, that is present in a liquor product;
"responsible seller" means a person by or on behalf of whom
(a) a liquor product is bottled
with a view to the sale thereof by him in sealed containers; or
(b) a liquor product is imported
in the sealed containers in which it is to be sold;
"sparkling wines" means wines of the classes specified in items 10 to 17 of Table 2;
"sulphur dioxide content" means the quantity of free and bound sulphur dioxide,
expressed as a mass per volume, that is present in a liquor product;
"sweet reserve"
means must which 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);
"unacceptable quality characteristics" an unacceptability of a kind mentioned in Table 4 of
the Wine of Origin Scheme, published by Government Notice No. R. 1434 of 29
June 1990; and
[Definition of "unacceptable quality characteristics"
inserted by GN R394/95]
"volatile acid content" means the quantity of organic volatile acids,
calculated as a mass of acetic acid per volume, that is present in a liquor
product.
PART 1
PRODUCTION AND COMPOSITIONAL
REQUIREMENTS
2. Designated vine cultivars for wine [5 (1) (a); 27 (1) (a)] [To index]
(1)
Grapes of the cultivars specified in Table 1 may
be used for the production of wine.
(2) Notwithstanding the
provisions of subregulation (1), the board may on application approve that
grapes of any other vine cultivar may also be used for the production of wine
subject to such conditions and for such period as the board may determine.
3. General requirements for wine [5 (1) (c); 27 (1) (a)] [To index]
Except where expressly provided otherwise in regulation 5 in respect of a particular class of wine, wine
shall be produced in such a manner that it complies with the following requirements:
(a) It shall be a natural wine
or a fortified wine.
(b) The residual sugar content
thereof shall in the case of a natural wine not exceed 30,0 gram per litre.
(c)
The volatile acid shall-
(i)
in the case of wine exported in bulk, not exceed 0,8 gram per litre;
(ii) in
the case of a wine in respect of which certification as a noble late harvest
wine has been refused, not exceed 1,8 gram per litre; and
(ii)
otherwise not exceed 1,2 gram per litre.
[Para. (c) substituted by GN R70/99 and GN R343/2003]
(d) The pressure in a container in which it is sold shall be
less than 75 kPa.
4. Designated classes for wine [5 (1) (c); 27 (1) (a)] [To index]
The classes for wine shall be as specified
in column 1 of Table 2.
5. Requirements for designated classes of wine [5 (1) (c); 27 (1) (a)] [To index]
Wine of a class specified in column 1 of
Table 2 shall be produced in such a manner that -
(a) except where expressly
provided otherwise in column 2 of the said Table in respect of the class
concerned, it complies with the general requirements set out in regulation
3; and
(b) it complies with the
specific requirements specified in column 2 of the said Table opposite
thereto.
The classes for alcoholic fruit
beverages shall be as specified in column 1 of Table 3.
7. Production processes for alcoholic fruit
beverages [6 (1) (e); 27 (1) (a)] [To index]
Only generally accepted production processes shall be
applied in the production of an alcoholic fruit beverage.
8. Requirements for alcoholic fruit beverages [6 (1) (b), (f);
27 (1) (a)] [To index]
(1)
An alcoholic fruit beverage of a class specified in column 1 of Table 3 shall be produced solely from fruit juice obtained
from fruit of a kind specified in column 2 of the said Table opposite
thereto.
(2) The alcohol content of an alcoholic fruit
beverage shall be in accordance with the requirements specified in column 3 of Table 3 opposite the class concerned.
(3) The volatile acid content of
an alcoholic fruit beverage shall not exceed 1,2 gram per litre.
(4) Fortified apple beverage and
fortified pear beverage shall respectively be produced by the addition of a
rectified spirit derived from apples or from pears, to alcoholic apple beverage
or alcoholic pear beverage.
(5) (a) Not more than 25
per cent of the final volume of -
(i) alcoholic apple beverage
shall consist of fruit juice derived from pears or added alcoholic pear
beverage;
(ii) alcoholic pear beverage
shall consist of fruit juice derived from apples or added alcoholic apple
beverage;
(iii) unspecified alcoholic
fruit beverage shall consist of fruit juice derived from other fruit, including
grapes, or added alcoholic apple or pear beverage or another unspecified
alcoholic fruit beverage;
[Subpara. (iii) amended by GN R2593/92]
(iv) fortified apple beverage
shall consist of fruit juice derived from pears, or added alcoholic pear
beverage or fortified pear beverage; and
(v) fortified pear beverage
shall consist of fruit juice derived from apples, or added alcoholic apple
beverage, or fortified apple beverage.
(b) Such addition shall -
(i) in
the case of a product referred to in paragraph (a)(i), (ii) or (iii), be made
either before, during or after completion or termination of alcoholic
fermentation in that product; and
(ii) otherwise
be made only after a spirit has been added to that product as contemplated in
subregulation (4) .
(6) The flavour, taste and
character of an alcoholic fruit beverage shall be clearly distinguishable from
that of wine or a class of wine.
[Subreg. (6) substituted by GN R2593/92]
9. Designated raw materials and classes for
spirits [7 (1) (b); 27 (1) (a), (e)] [To index]
(1)
The raw materials and classes for spirits shall be as follows:
Raw material
|
Class of spirit
|
1
|
2
|
1.
The fermented product of the vine
|
Grape
spirit
Husk
spirit
Premium
husk spirit
Pot
still brandy
Brandy
Vintage
brandy
|
2.
The fermented mash of grain or malt
|
Whisky
Malt
whisky
Blended
whisky
|
3.
The fermented juice of cane sugar or molasses
|
Cane
spirit
Rum
|
4.
The fermented juice of any harmless vegetable
article
|
Gin
Vodka
Unspecified
spirit
Mixed
spirit
|
[Subreg. (1) amended by GN R21/2001 and GN R77/2006]
(2) The raw material juice
specified in item 1 of the table in subregulation (1) shall in the case of a
spirit produced on or after 1 January 1993, be derived solely from fruit of
plants of Vitis vinifera.
10. Requirements for grape spirit [7 (1) (b); 27 (1) (a) and (d)] [To index]
Grape spirit shall -
(a) be
distilled from the fermented juice of the product of the vine which, under
excise supervision -
(i) is
distilled in a continuous still to an alcohol content of at least 75 per cent;
or
(ii) is
distilled in a pot still to an alcohol content of not more than 75 per cent;
(b) be
approved by the board and be certified by it as a spirit produced exclusively
from the fermented juice of the product of the vine; and
(c) have
an alcohol content of at least 43 per cent.
[Reg. 10 amended by GN R356/94 and substituted by GN R21/2001
and GN R343/2003]
11. Requirements for husk spirit [7
(1) (b); 27 (1) (a) and (d)] [To index]
Husk spirit shall -
(a)
be produced -
(i)
from fermented grape husks,
including the lees thereof, that are distilled directly by means of steam or
after water has been added thereto, at not higher than 86 per cent of alcohol
by volume; or
(ii) by the redistillation of
the distillate referred to in subparagraph (i), at not higher than 86 per cent
of alcohol by volume;
(b)
not contain more than 10 gram of
methanol per litre absolute alcohol;
(c)
contain at least 1,4 gram of
volatile constituents other than methanol and ethanol per litre absolute
alcohol; and
(d) have an alcohol content of
at least 43 per cent.
[Reg. 11 substituted by GN R77/2006]
11A. Requirements
for premium husk spirit [7 (1) (b);
27 (1) (a) and (d)] [To index]
(1) Premium husk
spirit shall –
(a) be produced from
fermented grape husks, including the lees thereof, which are double distilled,
first in a pot still and thereafter in a rectifying column, directly by means
of steam or after water has been added thereto, at not higher than 86 per cent
of alcohol by volume;
(b) be matured by
storage for a period of at least three months, but not more than six months, in
oak casks-
(i) with a
capacity of not more than 700 litres; and
(ii) which were
previously used for the fermentation or maturation of wine;
(c) not contain
more than 10 gram of methanol per litre absolute alcohol;
(d) contain at
least 1,4 gram of volatile constituents other than methanol and ethanol per
litre absolute alcohol;
(e) have an
alcohol content of at least 40 per cent; and
(f) be approved by
the administering officer as a spirit that -
(i) has the
distinctive sensory characteristics of premium husk spirit; and
(ii) in respect of
appearance, flavour, taste, character and composition, is clearly
distinguishable from pot still brandy referred to in regulation
12, brandy referred to in regulation 13 and vintage
brandy referred to in regulation 14.
(2) The customs and excise requirements and
prescriptions for a pot still for the production of a pot still brandy referred
to in regulation 12, applies to a pot still referred to in
subregulation (1)(a).
[Reg. 11A inserted by GN R77/2006]
12. Requirements for pot still brandy [7 (1) (b); 27 (1) (a) and (d)] [To index]
(1) Pot
still brandy shall –
(a) be
distilled from the fermented juice of the product of the vine which is
distilled under excise supervision in a pot still to an alcohol content of not
more than 75 per cent;
(b) be
matured by storage for a period of at least three years in oak casks -
(i) with
a capacity of not more than 340 litres; and
(ii) which
have been approved by the Commissioner of Customs and Excise or a person
authorized thereto by him or her in writing;
(c) be
approved by the board and be certified by it as a spirit produced exclusively
from the fermented juice of the product of the vine; and
(d) have
an alcohol content of at least 38 per cent.
(2) Notwithstanding
the provisions of this regulation, not more than 10 per cent of the content of
a pot still brandy, calculated on the basis of absolute alcohol, may consist of
a grape spirit referred to in regulation 10, a wine spirit
referred to in regulation 13(1)(a), a spirit referred to
in regulation 13(1)(b) or a mixture of such grape
spirit, wine spirit or spirit.
[Reg. 12 substituted by GN R21/2001 and GN R343/2003]
13. Requirements for brandy [7 (1) (b); 27 (1) (a) and (d)] [To index]
(1) Brandy
shall consist of a mixture of not less than 30 per cent, calculated on the
basis of absolute alcohol, pot still brandy referred to in regulation
12 to which no grape spirit, wine spirit, spirit or a mixture thereof has
been added in terms of regulation 12(2), and not more than 70 per cent,
calculated on the basis of absolute alcohol -
(a) wine spirit distilled from the fermented
juice of the product of the vine to an alcohol content of at least 60 per cent,
which was approved by the board and certified by the board as a spirit produced
exclusively from the fermented juice of the product of the vine; or
(b) a spirit which -
(i) has
been distilled from fermented sugar exclusively obtained from the pulp that
remains after the juice has been pressed from grapes, with or without addition
of water;
(ii) has
been distilled to an alcohol content of at least 95 per cent; and
(iii) has
been approved by the board and been certified by the board as a spirit that has
been manufactured exclusively from the product of the vine; or
(c) a
mixture of wine spirit referred to in paragraph (a), and spirit referred to in
paragraph (b).
(2) Brandy
shall have an alcohol content of at least 43 per cent.
[Reg. 13 amended by GN R2841/91 and substituted by GN
R356/94, GN R21/2001 and GN R343/2003]
14. Requirements
for vintage brandy [7 (1) (b); 27 (1) (a)] [To index]
Vintage brandy shall be produced in such
a manner that at least 90 per cent of the volume thereof, calculated on the
basis of absolute alcohol -
(a)
is brandy referred to in regulation 13, of which -
(i) the
portion in respect of which maturation is required, has after the initial
required period of maturation been matured for a further period of at least 5
years in oaken casks with a capacity of not more than 1 000 litres; and
(ii) the
other portion has also been matured for at least eight years in oaken casks;
and
(b)
has an alcohol content of at least 38 per cent.
[Reg. 14 substituted by GN R838/91]
15. Requirements for whisky [7 (1) (b);
27 (1) (a)-(e)] [To index]
(1)
Whisky shall -
(a) be
produced from a mash of grain-
(i)
in which the diastase of the malt contained therein, with or without other
natural enzymes, has brought about sugar conversion;
(ii)
which has been fermented by the activity of yeast; and
(iii)
which has been distilled at less than 94,8 per cent alcohol by volume so
that the distillate has a flavour and taste originating from the raw material
used;
(b) be
matured for at least three years in wooden casks with a capacity of not more
than 700 litres; and
(c) have
an alcohol content of at least 43 per cent.
(2)
Whisky produced in the Republic shall be matured as contemplated in
subregulation (1)(b) by storage in a customs and excise warehouse in wooden
casks approved for this purpose by the Commissioner of Customs and Excise.
[Reg. 15 substituted by GN R70/99]
16. Requirements for malt whisky [7 (1)
(b); 27 (1) (a)-(e)] [To index]
(1)
Malt whisky shall -
(a) be
produced from a mash of malt-
(i)
in which the diastase contained therein, with or without other natural
enzymes, has brought about sugar conversion;
(ii)
which has been fermented by the activity of yeast; and
(iii)
which has been distilled in a pot-still so that the distillate has a
flavour and taste originating from the raw material used;
(b) be
matured for at least three years in wooden casks with a capacity of not more
than 700 litres; and
(c) have
an alcohol content of at least 43 per cent.
(2)
Malt whisky produced in the Republic shall be matured as contemplated
in subregulation (1)(b) by storage in a customs and excise warehouse in wooden
casks approved for this purpose by the Commissioner of Customs and Excise.
[Reg. 16 amended by GN R838/91 and substituted by GN R70/99]
17. Requirements for blended whisky (7 (1)
(b); 27 (1) (a)] [To index]
Blended whisky shall -
(a)
consist of a mixture of at least 25 per cent, calculated on the basis of
absolute alcohol, of malt whisky referred to in regulation 16,
and not more than 75 per cent, calculated on the basis of absolute alcohol, of
whisky referred to in regulation 15;
(b)
……….
[Para. (b) deleted by GN R70/99]
(c)
……….
[Para. (c) deleted by GN R838/91 and GN R70/99]
(d)
……….
[Para. (d) deleted by GN R951/99]
(e)
have an alcohol content of at least 43 per cent.
18. Requirements for cane spirit [(1) (b); 27 (1) (a)] [To index]
Cane spirit shall -
(a)
be produced by the distillation of the fermented juice of cane sugar or
molasses in a rectifying or fractionating column; and
(b) not have any
distinctive characteristic, aroma, taste or colour; and
(c) have
an alcohol content of at least 43 per cent.
[Para. (b) substituted and para. (c) inserted by GN
R77/2006]
19. Requirements for rum [7 (1) (b); 27 (1) (a)] [To index]
(1)
Rum shall -
(a) be
produced by the distillation of the fermented juice of sugar cane, cane sugar
or molasses at less than 96 percent of alcohol by volume, irrespective of
whether sugar cane leaves or fruit have been added thereto;
(b) have
the distinctive taste and aroma which is characteristic of rum and which is
clearly distinguishable from that of cane spirit or another class of spirit;
and
[Para. (b) substituted by GN R77/2006]
(c) have
an alcohol content of at least 43 percent.
(2) The volatile constituents in rum shall be
at least 30 gram per hectolitre absolute alcohol.
[Subreg. (2) substituted by GN R77/2006]
(3)
The volatile constituents other than water, of rum shall be derived
solely from sugar cane.
[Reg. 19 substituted by GN R1695/95]
20. ………. [To index]
[Reg. 20 deleted by GN R1695/95]
21. Requirements for gin [7 (1) (b); 27 (1) (a)] [To index]
Gin shall -
(a)
be produced by -
(i) the
distillation of the fermented mash of grain together with juniper berries,
irrespective whether common salt or harmless aromatic plants or seeds have been
added thereto;
(ii) the
redistillation of any other class of spirit together with juniper berries,
irrespective whether common salt or harmless aromatic plants or seeds have been
added thereto; or
(iii) the
admixing of the distillate referred to in subparagraph (ii), and any other
class of spirit; and
(b)
have an alcohol content of at least 43 per cent.
22. Requirements for vodka [7 (1) (b);
27 (1) (a)] [To index]
Vodka shall -
(a)
be produced by the distillation of the fermented juice of any harmless
vegetable article in a rectifying or fractionating column;
(b)
not have any distinctive characteristic, aroma, taste or colour; and
(c)
have an alcohol content of at least 43 per cent.
23. Requirements for unspecified spirits [7 (1) (b); 27 (1)] [To index]
An unspecified spirit shall -
(a)
be produced by the distillation of the fermented juice of any vegetable
article except the fermented juice of the product of the vine;
[Para. (a) substituted by GN R21/2001]
(b)
not also be a spirit of any other class specified in the table
in regulation 9 (1); and
(c)
have an alcohol content of at least 43 per cent.
(d) contain no more than 10 grams of methanol
per litre of absolute alcohol if produced by the distillation of the fermented
juice of fruit exclusively.
[Para. (d) inserted by GN R1038/97]
24. Requirements for mixed spirits [7 (1) (b); 27 (1) (a)] [To index]
A mixed spirit shall -
(a)
consist of a mixture of two or more spirits produced from different raw
materials specified in column 1 of the table in regulation 9
(1); and
(b)
have an alcohol content of at least 43 per cent.
25. Designated vine cultivars for grape-based
liquors [8 (1) (a); 27
(1) (a)] [To index]
Grapes of any cultivar of Vitis
vinifera may be used for the production of a grape-based liquor.
26. Designated classes for grape-based liquors [8 (1) (c);
27 (1) (a)] [To index]
The classes for grape-based liquors
shall be as specified in column 1 of Table 4.
27. Requirements for grape-based liquors [8 (1) (c); 27 (1)] [To index]
(1)
A grape-based liquor of a class specified in column 1 of Table 4 shall be produced in the manner and in accordance
with the requirements set out in column 2 of the said Table opposite thereto.
(2)
The alcohol content of a grape-based liquor shall be in accordance with
the requirements specified in column 3 of Table 4
opposite the class concerned.
(3)
The volatile acid content of a grape-based liquor shall not exceed 1,2
gram per litre.
28. Designated classes for spirit-based liquors [9 (1) (b);
27 (1) (a)] [To index]
The classes for spirit-based liquors
shall be as specified in column 1 of Table 5.
29. Requirements for spirit-based liquors [9 (1)
(b); 27 (1)] [To index]
(1)
A spirit-based liquor of a class specified in column 1 of Table 5 shall be produced in the manner and in accordance
with the requirements set out in column 2 of the said Table opposite thereto.
(2)
The alcohol content of a spirit-based liquor shall be in accordance with
the requirements specified in column 3 of Table 5
opposite the class concerned.
(3)
The residual sugar content of a spirit-based liquor shall -
(a) in
the case of liqueur, be at least 100 gram per litre; and
(b) in
the case of spirit cocktail and cream liqueur, be at least 75 gram per litre.
(4)
The flavour, taste and character of a spirit-based liquor shall be
clearly distinguishable from that of wine or a class of wine.
[Subreg. (4) added by GN R2791/92]
(5)
Notwithstanding the provisions of subregulation (3) the administering
officer can, after consultation with the board, on conditions which he deems
fit, approve that the sugar content of a spirit aperitif may be less
than 75 grams per liter, if he is of the opinion that the spirit aperitif
concerned is clearly distinctive, with regard to the packaging, appearance,
content and taste, from a spirit or a spirit class.
[Subreg. (5) inserted by GN R3152/92]
30. Addition of substances to liquor products [5 (3); 6
(3); 7 (3); 8 (3); 9 (3); 27 (1) (a)] [To index]
(1)
The substances specified in column 1 of Table 6
are substances that may be added to the liquor products specified in column 2
of the said Table opposite thereto.
(2)
Subject to the provisions of subregulation (3), a substance that may be
added, in terms of subregulation (1), to–
(a) wine,
may also be added to the must from which that wine is produced;
(b) an
alcoholic fruit beverage, may also be added to the fruit juice from which that
alcoholic fruit beverage is produced;
(c) a
grape-based beverage, may also be added to the wine from which that grape-based
beverage is produced; and
(d) a
spirit-based beverage, may also be added to the spirit from which that
spirit-based beverage is produced.
[Subreg. (2) substituted by GN R1876/95]
(3)
A substance referred to in subregulation (1) shall -
(a) be added to a liquor product
in accordance with generally-accepted cellar or manufacturing practises;
(b) not
be thus added otherwise than in accordance with the manner and conditions
specified in column 3 of Table 6 opposite thereto; and
(c) not
occur in a liquor product to such extent that -
(i) the
substance concerned is injurious or detrimental for human health; and
(ii)
the liquor product concerned does not comply with the other requirements
set out in respect thereof in these regulations.
(4)
No alcoholic fermentation shall occur in a grape-based liquor or the
wine from which it is produced after a substance has been added thereto in
terms of this regulation.
31. Removal of substances from liquor products [5 (3); 6
(3); 8 (3); 27(1), (1) (a)] [To index]
(1)
The substances specified in column 1 of Table 7
may be removed from the liquor products specified in column 2 of the said Table
opposite thereto.
(2)
A substance which may in terms of subregulation -
(a) be
removed from wine, may also be removed from the must from which that wine is
produced;
(b) be
removed from an alcoholic fruit beverage, may also be removed from the fruit
juice from which that alcoholic fruit beverage is produced; and
(c) be
removed from a grape-based liquor, may also be removed from the wine from which
that grape-based liquor is produced.
(3)
the removal of a substance referred to in subregulation (1) shall -
(a) be
done in accordance with generally accepted cellar or manufacturing practises;
(b) not
be thus done otherwise than in accordance with the manner and conditions
specified in column 3 of Table 7 opposite thereto; and
(c) not
result in that liquor product not complying with the other requirements set out
in respect thereof in these regulations.
(4) (a) No
person shall remove any heavy metals from a liquor product by means of
treatment with potassium ferro cyanide unless he has been authorized thereto by
the administering officer.
(b) An
application for such authority shall be made on a form obtainable for this
purpose from the administering officer, and such form shall after completion be
lodged with the administering officer.
(c) The
treatment of a liquor product with potassium ferro cyanide in terms of such
authority shall be done under the supervision of the administering officer.
(d) The
administering officer shall seal or lock each tank or other bulk container in
which a liquor product that has been treated with potassium ferro cyanide, is
kept, and that liquor product shall remain under his control until a
certificate referred to in paragraph (h) has been issued in respect thereof, or
until that liquor product has been destroyed under his supervision.
(e) The
administering officer shall supervise -
(i) the
taking of any sample from the liquor product concerned;
(ii)
the addition to the liquor product concerned of any substance which may
lawfully be added thereto;
(iii)
the removal of the sediment from the liquor product concerned;
(iv)
the mixing and clarifying of the liquor product concerned;
(v) the
transfer of the liquor product concerned to another tank of bulk container,
that shall likewise be sealed or locked by him as contemplated in paragraph
(d); and
(vi)
the disposal of any filtering material that was used in connection with
the liquor product concerned, and of the sediment in a tank or bulk container
from which the liquor product concerned was transferred.
(f) If
a person to whom an authority referred. to in paragraph (a) was granted, is of
the opinion that the required object of the treatment concerned was achieved,
he shall, subject to the provisions of paragraph (e) -
(i) remove
the liquor product concerned from the sediment and clarify it; and
(ii)
thereafter take a sample of the liquor product concerned and submit it
to the administering officer.
(g) A
sample referred to in paragraph (f)(ii) shall -
(i) consist of at least 750ml
of the liquor product concerned;
(ii)
be sealed and suitably identified by the administering officer; and
(iii)
be tested, examined and analysed by an analyst in order to determine
whether the liquor product concerned is free of simple and complex cyanides and
cyanates.
(h) Control
by the administering officer of the liquor product concerned shall be lifted if
a certificate by an analyst confirms that the liquor product concerned is free
of simple and complex cyanides and cyanates.
32. Restricted substances in liquor products [5 (2); 6
(2); 7 (2); 8 (2); 9 (2); 27 (1) (a)] [To index]
The substances specified in column 1 of Table 8 shall not be contained in a liquor product to a
greater extent than that specified in column 2 of the said Table opposite
thereto.
PART 2
LABELS AND LABELLING REQUIREMENTS
33. Compulsory particulars on labels (11 (1); 27
(1) (a)] [To index]
(1)
Subject to the provisions of subregulation (2), the particulars to be
indicated on the label of a container of a liquor product shall be as follows:
(a) The
applicable class designation of that liquor product as required in regulation 35.
(b) The
alcohol content of that liquor product as required in regulation
36.
(c) The
country of origin of that liquor product as required in regulation
37.
(d) The
name and address or code number of the responsible seller of that liquor
product as required in regulation 38.
(e) The
expression "contains sulfites", "contains sulphites" or
"bevat sulfiete" in the case of wine.
[Para. (e) added by GN R343/2003 and substituted by GN
R77/2006]
(2) (a) The indication of
an applicable class designation can, in the case of wine, be omitted from the label,
unless that wine-
(i) is
a perlé wine or a sparkling wine; or
(ii) is a sweet natural wine with a residual sugar content
of more than 30 grams per litre, but not a special late harvest or noble late
harvest wine.
[Para. (a) substituted by GN R3152/92]
[Subpara. (ii) substituted by GN R814/2006]
(b) The
indication of the alcohol content on a label shall, except in the case of grape
liquor and flavoured grape liquor, only be required in respect of liquor
products sold by the responsible seller thereof after 30 June 1992: Provided
that labels which were printed before that date and which do not indicate the
required alcohol content, may be used until 30 June 1996.
[Para. (b) amended by GN R2079/92 and GN R1876/95]
(c) If
a liquor product, excluding a liquor product referred to in regulation
37(1)(c), has been produced in the Republic, the indication of the country
of origin thereof may be omitted from a label.
(d) The indication of the expression
"contains sulfites", "contains sulphites" or "bevat
sulfiete" on a label is only required –
(i) in respect of
wine bottled after a date determined by the administering officer ; and
(ii) if
sulphur dioxide occurs in that wine in a concentration of more than 10
milligram per litre, measured as total sulphur dioxide.
[Para. (d) added by GN R343/2003 and substituted by GN
R77/2006]
34. Manner in which particulars must be
indicated [11 (1); 27 (1) (a)] [To index]
(1)
Subject to the provisions of subregulation (3), the particulars referred
to in regulation 33(1) shall be –
(a) indicated
in the same field of vision on one or more labels which are permanently
attached to the container concerned;
(b) clearly
distinguishable from one another and from any other particulars, illustrations
or representations on the label concerned; and
(c) indicated
in letters and figures –
(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, is listed in column 2, 3, or 4 of Table 9 for
that particular detail.
[Subpara. (v) substituted by GN R343/2003]
(2)
Notwithstanding the provisions of subregulation 1(c)(i), the words
"sparkling wine", which is part of a class designation, may be indicated in
another letter type, size and colour than the rest of that class designation.
(3)
A label printed before 1 January 1996 and which complies with the
requirements of these regulations as applied before 1 October 1995, is regarded
as complying with the provisions of this regulation.
[Reg. 34 amended by GN R838/91 and GN R3152/92 and
substituted GN R1876/95]
35. Indication of class designation [1, 11 (1),
(5), 27 (1), (1) (a)] [To index]
(1)
Subject to the provisions of subregulation (2), the class designation of
a liquor product as indicated on a label shall -
(a) in
the case of wine of a class specified in column 1 of Table 2,
be the applicable designation specified in that column;
(b) in
the case of an alcoholic fruit beverage of a class specified in column 1 of Table 3, be the applicable designation specified in that
column;
(c) in
the case of a spirit of a class specified in the table in regulation
9 (1), be the applicable designation specified in that table: Provided that
the designation "husk brandy" can be used in the place of the
designation "husk spirit" in the case of a husk spirit bottled and
labelled before 31 December 2006;
[Proviso to para. (c) added by GN R77/2006]
(d) in
the case of a grape-based liquor of a class specified in column 1 of Table 4, be the applicable designation specified in that
column;
(e) in
the case of a spirit-based liquor of a class specified in column 1 of Table 5, be the applicable designation specified in that
column;
(f) in
the case of a specially authorized liquor, be the designation specified in a
notice published under section 10 of the Act in respect thereof; and
(g) in
the case of another liquor product in respect of which an import certificate
has been issued, be the designation specified in the import certificate
concerned.
(2) (a) The word "wine"
or "wyn", that forms part of the class designation of wine of a class specified
in items 1 to 8, 18 and 19 of Table 2, may be omitted when the class designation concerned
is indicated on a label.
(b) The
class designation of an unspecified alcoholic fruit beverage shall be indicated
on a label by -
(i) omitting
the word "unspecified" or "ongespesifiseerde"; or
(ii)
omitting the word "unspecified" or "ongespesifiseerde" and substituting
the word "fruit" or "vrugte", with the name of the kind of fruit that imparts
the characteristic flavour to that alcoholic fruit beverage.
(bA) The
class designation "grape spirit" can be substituted by the expression "pot
still grape spirit" if the grape spirit concerned was distilled in a pot still;
[Para. (bA) inserted by GN R343/2003]
(c) If
brandy is flavoured in order to impart to it a pronounced specific flavour, the
designation of the flavourant concerned shall be indicated on a label
immediately preceding and as part of the class designation concerned.
(d) The
word "vintage" that forms part of the class designation of vintage brandy, may
be omitted from a label, provided it is substituted by an indication, expressed
as a number of years, reflecting the period of maturation of the youngest
portion of that vintage brandy.
(e) The
class designation of an unspecified spirit shall be indicated on a label by-
(i) the substitution for the word
"unspecified" or "ongespesifiseerde" of the name or designation of the
fermented vegetable article from which it was distilled; or
(ii)
the substitution for the expression "unspecified spirit" or
"ongespesifiseerde spiritus" of the expression "Spirit obtained from",
"Spiritus verkry van", "Spirit derived from", "Spiritus afkomstig van" , Spirit
distilled from" or "Spiritus gedistilleer van", followed by the name or
designation of the fermented vegetable article from which it was distilled.
(f) The class designation of a
mixed spirit shall be indicated on a label by the substitution for the
expression "mixed spirit" or "gemengde spiritus" of the expression "A mixture
of" or " 'n Mengsel van", followed by the class designations, in descending
order according to volume of absolute alcohol, of the components of that mixed
spirit.
(g) A class designation specified in column 1
of Table 10 may be substituted on a label by any one of
the words or expressions specified in column 2 of the said Table opposite
thereto.
(h) Except
if provided otherwise in a prohibition or reservation under section 11(4) of
the Act -
(i) a
class designation referred to in paragraph (a) (excluding perlé wine and the
expression "sparkling wine" or "vonkelwyn " that forms part of a class
designation), (b), (c), (d) or (e) of subregulation (1) may be substituted by
any word or expression in English or Afrikaans, provided such word or
expression indicates or purports to indicate that the liquor product concerned
is of the class of that class designation; and
[Subpara. (i) substituted by GN R2350/93]
(ii)
the class designation for a class of wine (excluding perlé wine and the
expression "sparkling wine" or "vonkelwyn" that forms part of a class
designation) may be substituted on a label by any word or expression in a
language other than English or Afrikaans, provided such word or expression
indicates or purports to indicate that the wine concerned is of the class of
that class designation.
[Subpara. (ii) substituted by GN R2350/93]
36. Indication of alcohol content [11 (1); 27
(1) (a)] [To index]
(1)
The alcohol content of a liquor product as indicated on a label, must,
subject to the provisions of subregulation (2), consist of a figure which represents
the actual percentage of alcohol per volume of that liquor product, in
conjunction with a percentage symbol and one or more of the expressions
"alcohol", "alcohol", "volume" or an abbreviation thereof.
[Subreg. (1) amended by GN R838/91 and substituted by GN
R3152/92]
(2)
A figure referred to in subregulation (1), shall -
(a) in
the case of wine, not differ by more than 1,0 in numerical value from the
actual alcohol content of the wine concerned;
(b) otherwise
not differ by more than 0,5 in numerical value from the actual alcohol content
of the liquor product concerned; and
(c) not
be higher or lower than the applicable maximum or minimum alcohol content
specified in these regulations for the liquor product concerned.
[Subreg. (2) amended by GN R3152/92]
37. Indication of country of origin [11 (1); 27
(1) (a)] [To index]
(1)
The country of origin of a liquor product as indicated on a label shall
-
(a) in
the case of a liquor product produced and bottled in a particular country in
the containers in which it is to be sold in the Republic, consist of the
generally accepted name of that country, preceded by the expression "Produced
and bottled in" or "Geproduseer en gebottel in";
(b) in
the case of a liquor product produced in a particular country and bottled in
another country, including the Republic, in the containers in which it is to be
sold in the Republic, consist of the generally accepted name of the country of
production thereof, preceded by the expression "Produced in" or "Geproduseer
in", and followed by the expression "and bottled in" or "en gebottel in" and the
generally accepted name of the country in which it was bottled; and
(c) in the case of a liquor product consisting
of a mixture of liquor products produced in and imported into the Republic, and
that has been bottled in the Republic, consist of the expression "Produced in"
or "Geproduseer in", followed by the generally accepted names of the countries
in which the components of that mixture have been produced, separated by the
word "and" or "en" and indicated in descending order of volume in the mixture,
and followed by the expression "and bottled in the Republic of South Africa" or
"en gebottel in die Republiek van Suid-Afrika".
(2)
An expression specified in subregulation (1) may be substituted by
another expression in English or Afrikaans and with a similar meaning as such
expression.
38. Indication of name and address or code
number of responsible seller [11 (1); 27 (1) (a)] [To index]
(1) (a) The name and
address of the responsible seller of a liquor product as indicated on a label
shall, subject to the provisions of subregulation (2)-
(i) except
where the board or the administering officer (as the case may be), determines
differently, be identical to that indicated on the licence or authority in
terms whereof that responsible seller is authorised under the Liquor Act, 1989
(Act No. 27 of 1989), to sell liquor as defined, in the said Act; or
[Subpara. (i) substituted by GN R3152/92]
(ii)
be the name and full physical business address, as approved by the board
or administering officer (as the case may be), of that responsible seller.
[Subpara. (ii) substituted by GN R3152/92 and GN R2350/93]
[Para. (a) substituted by GN R838/91]
(b) A
code number as indicated on a label shall -
(i) be
the code number registered or deemed to be registered in terms of regulation 40 in respect of the responsible seller concerned;
and
(ii)
……….
[Subpara. (ii) deleted by GN R1876/95]
(2)
If the responsible seller of a liquor product is a judicial person, the
name of that judicial person as indicated on a label in terms of subregulation
(1)(a) shall, subject to the provisions of regulation 39(4) and (5), be the
full name thereof as registered under the applicable law.
[Subreg. (2) amended by GN R2350/93]
(3)
If a place name or a name referred to in section 11(3)(a)(i) or (ii) of
the Act forms part of a name or address referred to in subregulation (1)(a),
such place name or name shall -
(a) be
indicated on a label in such a manner that it is obviously part of the name or
address concerned; and
(b) be
indicated in letters of the same colour, type and size and against the same
background as the rest of the name or address concerned.
39. Prohibited practices and exemptions in
connection with certain indications [11 (5) (b); 27 (1) (a) (i)] [To index]
(1)
No person shall -
(a) in
connection with the sale of a liquor product other than wine use the words
"sparkling" or "vonkel" or a word or expression with the same meaning, unless
the pressure in the container of such liquor product is at least 75 kPa;
(b) in
connection with the sale of flavoured grape liquor or grape liquor use a word,
expression or reference -
(i) that,
either in general or in a particular case, is used in connection with or to
describe wine or spirits, in such a manner that it could create the impression
that the product concerned is wine or a spirit; and
(ii)
of which the use in connection with the sale of wine is regulated by
section 11(3)(a) of the Act; and
(c) in
connection with the sale of wine other than noble late harvest wine, use the
word "noble" or "edel" or any deformation or translation thereof, in a manner
that could create the impression that the wine concerned is noble late harvest
wine.
(2)
The provisions of section 11(2)(a) and (d) of the Act shall not apply to
the use of the word "wine" or "wyn" or of a class designation or a portion of a
class designation other than the applicable class designation, in connection with
a particular liquor product, provided-
(a) that
in those cases where the indication of a class designation is required in terms
of regulation 33, such class designation is indicated
separately and individually on the label of a container of such a liquor
product; and
(b) that
the word "wine" or "wyn" of such other class designation or portion thereof -
(i) is
used solely for the purpose of the further description of the liquor product
concerned; and
(ii) is
not used in any manner that conveys or creates or is likely to convey or create
a false or misleading impression with regard to the liquor product concerned.
[Subreg. (2) amended by GN R838/91 and substituted by GN
R3152/92]
(3)
The provisions of section 11(3)(a)(iii) of the Act shall not be
applicable on the usage of the expression "Vin Fumé" in connection with the
sale of cultivar wine in respect of which an authority has been granted in
terms of a scheme for the use of the designation of the vine cultivar Sauvignon
blanc (Blanc fumé).
[Subreg. (3) substituted by GN R2350/93]
(4)
If the name of a co-operative society as defined in section 1 of the
Wine and Spirit Control Act, 1970 (Act No. 47 of 1970), is indicated on the
label of the container of a liquor product, it shall-
(a) be
the full or shortened name thereof, as registered in terms of the Co-operatives
Act, 1981 (Act No. 91 of 1981), or deemed to be thus registered; and
(b) be
thus indicated in letters of the same colour, type and size.
[Subreg. (4) added by GN R2350/93]
(5)
If the expressions "kooperatief", "kooperatiewe ", "kooperasie ",
"co-operative", "wynmakery", "wijnmakery", "winery", "wynkelder", "wine
cellar", "maatskappy", "company", "wynboere", "wine farmers", "boere",
"farmers", "landbou", "agriculture", "beperk" or "limited" form part of a name
referred to in subregulation (4) that expression may be substituted by the
expressions "koop", "ko-op", "coop", "wynkelder", "wine cellar", "wynmakery",
"wijnmakery ", "winery", "kelder" or "cellar", that-
(a) is
indicated immediately below or next to the rest of the name or shortened name
of such co-operative society; and
(b) is
indicated in letters of the same colour, type and size as the rest of the name
or shortened name of such co-operative society.
Provided that any of the said expressions need not be
indicated on the label of a container of a liquor product if the rest of the
name of a co-operative society does not contain a name referred to in section
11(3)(a)(i) or (ii) of the Act.
[Proviso inserted by GN R343/2003]
[Subreg. (5) added by GN R2350/93]
(6)
A co-operative society that indicates its name on the container of a
liquor product in the manner referred to in subregulations 4 and 5, may
continue to use that name in the same manner in the event of the co-operative
society being incorporated as a company in terms of section 161A of the
Co-operatives Act, 1981 (Act No. 91 of 1981), subject to the following:
(a) Such
indication shall not contain any reference to a co-operative;
(b) Such
name may be so indicated only if a cellar with that name still exists and if
the wine concerned has undergone a production process in that cellar; and
(c) All
relevant provisions of the Act with regard to such indication have been
complied with.
[Subreg. (6) added by GN R70/99]
(7)
In the event of two or more co-operative societies that amalgamate
whereafter the amalgamated co-operative society is incorporated as a company
in terms of section 161A of the Co-operatives Act, 1981 (Act No. 91 of 1981),
the company may continue to use the names of the co-operative societies
concerned in the manner referred to in subregulation 6.
[Subreg. (7) added by GN R70/99]
39A. Exemption
from prohibition [11 (5) (b); 27 (1)
(a)] [To index]
(1) Subject to the provisions of subsection
(2), the provisions of section 11(3)(a)(v) of the Act shall not be construed as
restricting the use, in connection with the sale of wine, of the word "vineyard"
or "wingerd" -
(a) which forms part of -
(i) a trade mark as
defined or recognised in the Trade Marks Act, 1993 (Act No. 194 of 1993);
(ii) the name of a company as
defined in the Companies Act, 1973 (Act No. 61 of 1973);
(iii) the name of a co-operative
society as defined in the Co-operatives Act, 1981 (Act No. 91 of 1981); or
(iv) the name of a
corporation as defined in the Close Corporation Act, 1984 (Act No. 69 of 1984);
(b) in general descriptive terms; or
(c) which forms part of the name of a juristic
person, which includes the name of an area referred to in section 11(3)(a)(i)
of the Act: Provided that -
(i) the name of that
juristic person is indicated in full as registered in terms of the applicable
law;
(ii) the name of that
juristic person is thus indicated in letters of the same colour, type and size;
and
(iii) the wine concerned
is certified for use and is sold under the name of that area.
(2) The exemption from the prohibition to use the
word "vineyard" or "wingerd" in connection with the sale of wine as referred to
in subregulation (1), shall be subject to such use which in the opinion of the
administering officer or the board, as the case may be, does not -
(a) constitute a contravention of section 12 of
the Act;
(b) except if allowed in terms of a scheme,
convey or create or is likely to convey or create an impression that the wine
concerned or the grapes from which it was produced, originates from a specific
vineyard or specific vineyards; or
(c) qualify the certification of the wine
concerned or is contrary to such certification.
(3) Subject to the provisions
of subsection (4), the provisions of section 11(2)(d) of the Act or a
prohibition or reservation under section 11(4) of the Act shall not be
construed as restricting the use, in connection with the sale of wine, of the
word "Cape", "Kaap" or "Kaapse" -
(a) which forms part of -
(i) a trade mark as
defined or recognised in the Trade Marks Act, 1993 (Act No. 194 of 1993);
(ii) the name of a
company as defined in the Companies Act, 1973 (Act No. 61 of 1973);
(iii) the name of a
co-operative society as defined in the Co-operatives Act, 1981 (Act No. 91 of
1981); or
(iv) the name of a corporation
as defined in the Close Corporation Act, 1984 (Act No. 69 of 1984); or
(b) in general descriptive
terms.
(4) The exemption from the restriction on the
use of the word "Cape", "Kaap" or "Kaapse" in connection with the
sale of wine as referred to in subregulation (3), shall be subject to such use
which in the opinion of the administering officer or the board, as the case
may be, does not -
(a) constitute a contravention of section 12 of
the Act;
(b) convey or create or is likely to convey or
create an impression that the wine concerned is of a class specified in items
21 to 26 of Table 2; or
(c) qualify the certification of the wine concerned or is
contrary to such certification.
[Reg. 39A inserted by GN R2841/91, amended by GN R833/98 and
GN R343/2003 and substituted by GN R814/2006]
40. Registration of code numbers [27 (1), (1) (g)] [To index]
(1)
The administering officer may register a code number in respect of the
responsible seller of a liquor product with a view to the use thereof as
contemplated in regulation 33(1)(d).
(2)
An application for the registration of a code number shall be made on a
form obtainable from the administering officer for this purpose.
(3)
Such form shall -
(a) be completed by the
responsible seller concerned or a person duly authorized to apply on his
behalf;
(b) be
accompanied by -
(i) a
certified copy of the licence or authority referred to in regulation
38(1)(a), in respect of the responsible seller concerned; and
(ii) the
prescribed fees; and
[Subpara. (ii) substituted by GN R678/2001]
(c) be
lodged with the administering officer.
(4) (a) Subject to the
provisions of paragraph (b), a number allocated in terms of section 23(1)(a)(ii)
or 27(1) (b)(ii) of the Wine, Other Fermented Beverages and Spirits Act, l957
(Act No. 25 of 1957), shall be deemed to be a code number registered in terms
of this regulation.
(b) The
validity of a code number referred to in paragraph (a) shall expire on a date
90 days after the commencement of this regulation unless the responsible seller
concerned has on or before such date of expiry lodged an application for the
continuation of the validity thereof in the, manner set out in subregulations
(2) and (3).
(5) (a) Each responsible
seller in respect of whom a code number is registered or deemed to be
registered in terms of this regulation shall annually on or before 31 October
pay to the administering officer the prescribed fees in respect of the
maintenance of that registration.
[Para. (a) amended by GN R678/2001]
(b) Such
payment shall be accompanied by a written notice in which the name and address
of the responsible seller concerned and the code number registered or deemed to
be registered in respect of him are indicated.
(6) (a) The registration
of a code number shall lapse if -
(i) the fee payable in terms
of subregulation (5) has not been paid as required in that subregulation; or
(ii)
the licence or authority in terms whereof the responsible seller
concerned is authorized under the Liquor Act, 1989 (Act No. 27 of 1989), to
sell liquor as defined in the said Act, has lapsed or has been withdrawn.
(b) A
code number the registration of which has lapsed as contemplated in paragraph
(a) shall not within 10 years after the date of lapsing thereof be registered
in respect of another responsible seller unless the administering officer is
satisfied that such responsible seller is the successor in title of the
responsible seller in respect of whom that code number was previously
registered.
(7)
The administering officer shall -
(a) keep
a register of code numbers in a form determined by him;
(b) in
respect of each registered code number enter the name and address of the responsible
seller concerned in such register; and
(c) from
time to time by notice in the Gazette publish a list of the particulars
entered in such register, and of deletions from and additions to such register.
41. ………. [To index]
[Reg. 41 deleted by GN R2242/94]
PART 3
IMPORTATION REQUIREMENTS
42. Exemptions [16 (1) (b)
(iii); 27 (1)(a)] [To index]
An import certificate shall not be
required in respect of products with an alcohol content of more that one per
cent that are imported for drinking purposes and form part of the personal
luggage of a person who arrives in the Republic, provided such products -
(a)
in total do not exceed 12 litres in volume; and
(b)
are intended solely for consumption by that person, his household and
his non-paying guests.
43. Application for import certificates [16 (2); 27
(1) (a)] [To index]
(1) An application for an import certificate
shall be made on a form obtainable from the administering officer for this
purpose.
(2)
Such form shall -
(a) be
completed by the importer concerned or a person duly authorized to apply on his
behalf;
(b) be
lodged with the administering officer;
(c) except
where otherwise provided in regulation 44, be accompanied
by the prescribed fees;
[Para. (c) amended by GN R678/2001]
(d) except
where otherwise provided in regulation 45, be accompanied
by a sample of the product concerned;
(e) except
where otherwise provided in regulation 46, be accompanied
by a certificate of analysis in respect of the product concerned;
(f) where
applicable, be accompanied by the other documents required elsewhere in this
Part; and
(g) in
the case of a product in respect of which particular production, compositional
or maturation requirements are required by these regulations, be accompanied by
documentary proof, issued by a competent authority in the country of origin of
that product, in which the compliance of those requirements are confirmed.
(3)
Subject to the provisions of subregulation (4), separate applications
shall be thus lodged in respect of -
(a) products
supplied by the same foreign supplier but which differ in respect of container,
composition and labelling; and
(b) products
with the same container, composition and labelling, that are supplied by
different foreign suppliers.
(4) If a person intends to move to the
Republic, one application may be submitted by him in respect of all the
products forming part of his household or personal effects, provided -
(a) that
person was not resident in the Republic during the 12 months preceding his
application;
(b) the
volume of those products, excluding products produced and bottled in the
Republic, that differ in respect of container, composition and labeling, does
not exceed 24 litres each; and
(c) the
application concerned is also accompanied by -
(i) an
inventory in which full particulars of the products concerned are furnished;
(ii)
evidence of the fact specified in paragraph (a); and
(iii)
a written undertaking by the applicant concerned that he will not sell
those products in the Republic.
(5) If an application for an
import certificate, excluding an application referred to in subregulation (4),
relates to a product other than wine, an alcoholic fruit beverage, a spirit, a
grape-based liquor or a spirit-based liquor, the administering officer shall
submit that application to the board for consideration with a view to a
recommendation as contemplated in section 16(3)(b)(iv) of the Act.
44. Exemption from payment of fees [16 (2); 27 (1) (a)] [To index]
The prescribed fees shall not be payable
in respect of -
(a)
liquor products produced and bottled in the Republic, as well as the
first 180 litres of other products, provided the applicant concerned is an
officer who served overseas in a diplomatic capacity and returns to the
Republic after completion of his term of duty;
(b)
a product intended to be utilized for scientific purposes;
(c)
a product in respect of which exemption from the submission of a sample
in terms of regulation 45(1)(b) has been granted; and
(d)
products in respect of which an application was made under the
circumstances set out in regulation 43(4).
[Reg. 44 amended by GN R678/2001]
45. Samples of products intended for import [16 (2); 27 (1) (a)] [To index]
(1)
A sample of a product shall not be required in the case of an
application for an import certificate -
(a) made
under the circumstances set out in regulation 43(4); and
(b) in respect of which the payment of a fee is
exempted in terms of regulation 44, or in respect of a
product intended for consumption solely by the applicant concerned, his
household and his non paying guests or as a bona fide trade sample,
provided -
(i) that
product is a liquor product and does not exceed 24 litres in volume;
(ii)
such volume together with the total volume of liquor products imported
by that applicant during the 12 months preceding his application under such
exemption, does not exceed 180 litres in volume; and
(iii)
the application concerned is also accompanied by a written undertaking by
the applicant concerned that he will not sell that product in the Republic.
(2) (a) The sample that
shall accompany an application for an import certificate shall -
(i) consist
of at least 750 mℓ of the product concerned;
(ii)
in the case of a product intended for import in the labelled containers
in which it is to be sold in the Republic, consist of at least one such
labelled container; and
(iii)
be identified by affixing a label to the container thereof on which the
serial number of the application concerned and the name and address of the
applicant concerned are indicated.
(b) Two
specimens of the labels on a container referred to in paragraph (a)(ii) shall
be filed together with the applicable application in terms of regulation
43(1).
[Para. (b) substituted by GN R77/2006]
46. Certificates of Analysis [16 (2); 27
(1) (a)] [To index]
(1) A
certificate of analysis in respect of a product shall not be required in the
event of an application for an import certificate -
(a) under the circumstances
contemplated in regulations 43(4) or 45(1)(b);
or
(b) that
is accompanied by an acceptable certificate of analysis, which -
(i) has
been issued in the country of origin of the product concerned by a competent authority
recognised by the administering officer for this purpose; and
(ii) contains
such particulars as are necessary to enable the administering officer to
ascertain whether the product concerned complies with the requirements of the
Act and these regulations.
(2) An
application for a certificate of analysis shall be accompanied by the
prescribed fee.
[Reg. 46 substituted by GN R678/2001]
47. Issuing of import certificates [16 (3) (b)
(i); 27 (1), (1) (a)] [To index]
(1)
An import certificate shall -
(a) in
the case of a product other than wine, an alcoholic fruit beverage, a spirit, a
grape-based liquor and a spirit-based liquor, be issued only if the substances
specified in column 1 of Table 8 do not occur in that
product to a greater extent than that specified in column 2 of the said Table;
and
(b) in
the case of a product intended to be imported in the labelled containers in
which it is to be sold in the Republic, be issued only if the administering
officer is satisfied that the labels thereof comply with the requirements set
out in the Act and these regulations.
[Para. (b) substituted by GN R77/2006]
(2)
The administering officer shall endorse an import certificate with the
conditions of issue thereof.
48. Certificates of removal for imported liquor
products [27 (1)] [To index]
(1) (a) Subject to the
provisions of paragraph (b) a liquor product imported on the authority of an
import certificate shall remain in a customs and excise warehouse until a
certificate of removal has been issued in respect thereof by the administering
officer.
(b) The administering officer
may, in the case of a consignment packed or contained in a sealed shipping
container, on application approve that such shipping container may be removed
from a customs and excise warehouse to such other premises as he may determine,
on condition that the liquor product concerned may not be removed from the
shipping container before a certificate of removal has been issued in respect
thereof.
(2) (a) An application for
a certificate of removal shall be made on a form obtainable from the
administering officer for this purpose.
(b) Such form shall -
(i) be
completed by the importer concerned or a person duly authorized to apply on his
behalf;
(ii)
be accompanied by the prescribed fees, as well as the bill of entry or pro
forma invoice in respect of the product concerned, and any other documents
required in terms of conditions determined under section 16(4)(a) of the Act
and endorsed on the import certificate concerned; and
[Subpara. (ii) amended by GN R678/2001]
(iii)
be lodged with the administering officer.
(3) (a) The administering
officer may for the purposes of the consideration of an application referred to
in subregulation (2), require that the importer concerned supply to him a
sample of the liquor product concerned.
(b) Such sample shall -
(i) consist
of at least 750 mℓ of the liquor product concerned;
(ii)
in the case of a liquor product imported in the labelled containers in
which it is to be sold in the Republic, consist of at least one such labelled
container;
(iii)
be taken at random from the consignment concerned;
(iv)
be taken thus by the importer concerned or his agent under the
supervision of the administering officer, and be suitably sealed;
(v) be
identified by affixing a label thereto on which the number of the import
certificate concerned and the name and address of the importer concerned are
indicated;
(vi)
be forwarded to or delivered at the office of the administering officer
by the importer concerned or his agent; and
(vii)
as soon as practicable after receipt thereof by the administering officer,
be analysed by an analist.
(4)
A certificate of removal shall be issued in respect of a liquor product
only if the administering officer is satisfied that -
(a) the
particulars of the product in respect of which it is required corresponds with
that of the liquor product in respect of which the import certificate concerned
was issued;
(b) in
the case of a liquor product imported in the labelled containers in which it is
to be sold in the Republic, those labels comply with the requirements of the
Act and these regulations; and
(c) the
conditions determined under section 16(4)(a) of the Act in respect thereof and
endorsed on the import certificate concerned have been complied with.
(5)
The provisions of section 16(5) of the Act shall apply mutatis
mutandis to a product in respect of which the administering officer refuses
to issue a certificate of removal.
49. Disposal of liquor products imported in bulk [16 (4)
(b); 27 (1) (a)] [To index]
(1)
A liquor product that is imported in bulk shall not without the written
permission of the administering officer-
(a) prior
to bottling be blended with any other liquor product; and
(b) after
bottling be sold in the Republic.
(2) (a) An application for
such permission shall be made on a form obtainable from the administering
officer for this purpose.
(b) Such
form shall -
(i) be
completed by the importer concerned or a person duly authorized to apply on his
behalf;
(ii)
be accompanied by the prescribed fees;
[Subpara. (ii) amended by GN R678/2001]
(iii)
in the case of a permission referred to in subregulation (1)(a), be
accompanied by samples of each of the components to be used for the blend;
(iv)
in the case of a permission referred to in subregulation (1)(b), be
accompanied by a sample of the liquor product that has been bottled, or has
been bottled after blending; and
(v) be
lodged with the administering officer.
(c) Two specimens of the labels to be affixed to the
containers of such liquor product shall be filed together with the applicable
application in terms of subregulation (1).
[Subpara. (c) substituted by GN R814/2006]
(3)
A permission for the sale of a liquor product after bottling shall be granted
only if the administering officer is satisfied that the liquor product
concerned and the labels to be affixed to the containers thereof comply with
the requirements of the Act and these regulations.
PART 4
EXPORTATION OF LIQUOR PRODUCTS
50. Exemptions [17 (1) (b)
(ii); 27 (1) (a)] [To index]
An export certificate shall not be
required in respect of a liquor product that -
(a)
forms part of the personal luggage of a person who departs from the
Republic;
(b)
is supplied to ships and aircraft in the Republic for use as ship's
stores on such ships and aircraft;
(c) is
exported before 1 January 2006 to a country mentioned in Table
12, in the labelled containers in which it will be sold to the general
public;
[Para. (c) substituted by GN R394/95 and GN R77/2006]
(d)
has not been produced and bottled in the Republic.
(e)
forms part of a consignment which does not exceed 30 litres in total.
[Para. (e) inserted by GN R1038/97 and GN R77/2006]
51. Applications for export certificates [17 (2); 27 (1) (a)] [To index]
(1)
An application for an export certificate shall be made on a form
obtainable from the administering officer for this purpose.
(1A) In the case of a liquor product intended to
be exported to a country requiring a certificate of analysis of such liquor,
the applicant must indicate on such form that a certificate of analysis is
required
[Subreg. (1A) inserted by GN R2841/91]
(2)
Such form shall -
(a) be
completed by the exporter concerned or a person duly authorized to apply on his
behalf;.
(b) be
lodged with the administering officer;
(c) be
accompanied by the prescribed fees;
[Para. (c) substituted by GN R1376/93 and amended by GN
R678/2001]
(d) in
the case of wine intended for export to a destination in the European
Community, be accompanied by an undertaking in a form obtainable from the
administering officer for this purpose;
[Para. (d) substituted by GN R1376/93]
(e) in
the case of wine referred to in regulation 52(7)(b), be
accompanied by-
(i) a
copy of a certificate issued by the board indicating the date of certification
and confirming the certification of the wine concerned; or
(ii) a
copy of the most recent export certificate issued by virtue of a ruling by the
board regarding the suitability of the wine concerned; and
(iii) the
lable of the container of the liquor product concerned; and
[Para. (e) added by GN R1376/93]
(f) in
the case of a liquor product referred to in regulation
52(7)(c) and (d), be accompanied by-
(i) a
copy of the most recent export certificate issued by virtue of a ruling by the
board regarding the suitability of the liquor product concerned; and
(ii) the
lable of the container of the liquor product concerned.
[Para. (f) added by GN R1376/93]
(3)
Subject to the provisions of subregulation (4), separate applications
shall be thus lodged in respect of -
(a) products
produced by the same person, but which differ in container, composition and
labelling; and
(b) products
with the same container, composition and labelling, that are produced by
different persons.
(4) (a) If
a person intends to move from the Republic, one application may be submitted by
him in respect n of all the liquor products forming part of his household or
personal effects, provided the application concerned is also accompanied by -
(i) an
inventory in which full particulars of the liquor products concerned are
furnished; and
(ii)
a written undertaking by the applicant concerned that he will not sell
those liquor products outside the Republic.
(b) The
provisions of paragraph (a) shall apply mutatis mutandis to -
(i) a
person intending to export liquor products as a free gift or bona fide trade
sample, provided the consignment concerned does not consist of more than 100
litres each of liquor products that differ in container, composition and
labelling;
[Subpara. (i) amended by GN R1876/95]
(ii)
a person who visits the Republic as a bona fide tourist, provided
the consignment concerned does not exceed 100 litres in total; and
(iii)
liquor products intended for export for use by a Head of State or
diplomatic representative of the Republic.
(c) If
a person intends to export separate consignments of the same liquor product
simultaneously, one application may be submitted in respect of all those
consignments, provided the liquor product concerned is contained in the
labelled containers in which it is to be sold in the country to which it is to
be exported.
(d) If a person intends to export one consignment of
liquor products that differ in container, composition and labelling, one
application may be submitted in respect of that consignment, provided the
consignment concerned does not consist of more than 100 litres in total.
[Para. (d) inserted by GN R77/2006]
(5)
The bulk container or packing material in which a liquor product is
intended to be exported shall be marked in such a manner that it may readily be
identified and be associated with the relevant application for an export
certificate.
52. Samples of products intended for export [17 (2); 27 (1)
(a)] [To index]
(1)
Subject to the provisions of subregulation (7), the administering
officer shall for the purposes of the consideration of an application referred
to in regulation 51, take a sample of the liquor product
concerned.
(2) Such sample shall-
(a) be
taken after the consignment of the liquor product concerned has been made up;
(b) subject
to the provisions of subregulation (3), consist of three separate units of at
least 750 ml each of the liquor product concerned;
(c) in
the case of a liquor product intended to be exported in the labelled containers
in which it is to be sold in the country to which it is to be exported, consist
of at least one such container;
(d) be
taken at random from the consignment concerned;
(e) be
taken thus by the applicant concerned or his agent under the supervision of the
administering officer, and be suitably sealed; and
(f) be
identified by affixing labels to the containers of each of the units concerned
on which the relevant particulars of the liquor product and the applicant
concerned are indicated.
[Para. (f) amended by GN R2242/94]
(3) (a) If a liquor
product is contained 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
a liquor product is contained in containers with a capacity of 1,5 litres or
more, only two such containers shall be taken as a sample.
(4)
If a liquor product is intended for export in bulk, the applicant
concerned shall provide the containers in which the units referred to in
subregulation (2)(b) shall be placed.
(5)
The volume or number of containers removed from a consignment of a
liquor product during sampling, may be replaced by a corresponding volume or
number of containers of the liquor product concerned.
(6) One
unit of each sample shall be analysed by an analyst, and, in the case of wine,
a further unit thereof shall be submitted to the board for sensorial judgement
as contemplated in regulation 53(1)(a)(ii).
[Subreg. (6) substituted by GN R814/2006]
(7) Subject
to the provisions of subregulation (8), a sample of a liquor product needs not
be taken-
(a) in
the case of an application for an export certificate made under the
circumstances set out in regulation 51(4);
(b) in the case of certified wine contained in
sealed containers, where the wine concerned was certified or found to be
suitable for export, as the case may be, on the basis of the sensorial
judgement of a sample of the wine not more than 12 months before the date of
lodging of the application, by the board;
[Para. (b) substituted by GN R343/2003]
(c) in
the case of spirits and vermouth contained in sealed containers, which come
from a bottling lot of the same spirit or vermouth, as the case may be -
(i) that is also contained in
sealed containers;
(ii) of which any part
was issued with an export certificate not more than 730 days before the date of
lodging of the application concerned; and
(iii) that
is identified to the satisfaction of the administering officer;
[Para. (c) substituted by GN R814/2006]
(d) in the case of liquor products contained in sealed
containers not covered by the provisions of paragraphs (b) and (c), which come
from a bottling lot of the same liquor product -
(i) that is also
contained in sealed containers;
(ii) of which any part
was issued with an export certificate not more than 240 days before the date of
lodging of the application concerned; and;
(iii) that
is identified to the satisfaction of the administering officer.
[Para. (d) substituted by GN R814/2006]
[Subreg. (7) substituted by GN R1376/93 and amended by GN
R951/99]
(8)
Notwithstanding the provisions of subregulation (7) -
(a) the
administering officer may-
(i)
for the purposes of the consideration of an application referred to in regulation 51, still require that a sample of the liquor
product concerned be taken in accordance with the provisions of this
regulations; and
(ii)
for the purposes of an analysis certificate referred to in regulation 51(1A), take a sample of the liquor product
concerned.
[Para. (a) substituted by GN R951/99]
(b) the
board may determine another period in respect of the liquor product concerned
if it is of the opinion that such longer or shorter period is justified by the
ability of that liquor product to keep.
[Subreg. (8) added by GN R1376/93]
53. Issuing of export certificates [17 (3); 27 (1), (1) (a)] [To index]
(1)
An export certificate shall-
(a) in
the case of a product that was sampled in terms of regulation
52, be issued only if -
(i) the results of the
analysis referred to in regulation 52(6) indicate that
the product concerned is a liquor product or, if not, the applicant concerned
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
(ii) in the case of wine, the board has, on the
basis of the sensorial judgement of the sample thereof or on the basis of other
considerations determined by the board in consultation with the administering
officer, found that wine to be suitable for export; and
[Subpara. (ii) substituted by GN R77/2006]
(b) in
the case of wine intended for export to the European Union in respect of which
it is claimed that it consist of two cultivars, be issued only if the
administering officer has been convinced that the wine concerned was obtained
exclusively from the two cultivars concerned.
[Subreg. (1) amended by GN R394/95 and substituted by GN
R1141/97]
(2)
..........
[Subreg. (2) substituted by GN R1141/97 and deleted by GN
R77/2006]
(3)
An export certificate for wine in bulk can be refused if the
administering officer is convinced that the applicant concerned -
(a) failed
or neglected to indicate on the appropriate places on the form mentioned in Regulation 51-
(i) whether the wine concerned
is going to be sold as South African wine to the general public;
(ii)
the complete name, physical business address and postal address of the
buyer and bottler of the wine concerned;
(iii)
to undertake that, in the case of wine referred to in subparagraph (i),
to supply to the administering officer one sample of each bottled lot of the
wine concerned in the labelled containers in which the wine is going to be sold
to the general public;
(iv)
to undertake that, in the case of wine referred to in subparagraph (i),
the applicant will make sure that the wine concerned shall not reveal any
unacceptable quality characteristics immediately after it has been bottled; or
(v) to
undertake that, in the case of certified wine referred to in subparagraph (i),
the applicant will make sure that the labels on the containers in which the
wine is going to be sold to the general public, shall comply to the
requirements of the Wine of Origin Scheme published by Government Notice No.
1434 of 29 June 1990, as amended from time to time;
(b) supplied
the wrong information as required in paragraph (a)(i) and (ii), in respect of
any previous applications for an export certificate;
(c) failed
or neglected to comply with any previous undertakings referred to in paragraph
(a)(iii), within 4 months of date of such undertaking; or
(d) failed
or neglected to comply with any previous undertakings referred to in paragraph
(a)(iv) or (v).
[Subreg. (3) added by GN R394/95]
(4)
An export certificate for a product which is packed in the labelled
containers in which it is going to be sold to the general public, will only be
issued if the labels on those containers comply with the requirements of the
Act and the Regulations, or if not, the applicant concerned must satisfy the
administering officer that the containers are suitably labelled for sale in the
country to which they are to be exported.
[Subreg. (4) added by GN R394/95]
54. Export directions [17 (4); 27 (1) (a)] [To index]
(1) Subject to the
provisions of subregulation (2) -
(a) a product other
than wine intended for export in bulk shall be exported within 42 days after
the date of issue of the export certificate concerned;
(b) wine intended
for export in bulk shall be exported within 42 days after the date on which it
was found to be suitable for export in terms of regulation 53(1)(a)(ii); and
[Para. (b) substituted by GN
R1376/93]
(c) a
product intended for export in containers shall be exported within 90 days
after the date of issue of the export certificate concerned, or be exported
within the remaining part of the applicable period referred to in regulation 52(7)(b), (c)(ii) or (d)(ii), whichever is the shortest.
[Subreg. (1) substituted by GN R77/2006]
(2) (a) The administering
officer may on written request by the holder of an export certificate, extend
the applicable period referred to in subregulation (1) for such period and
subject to such conditions as the administering officer may determine.
(b) Such extension shall be
granted only if the request concerned is received by the administering officer
before the applicable period referred to in subregulation (1) has expired.
(3)
The holder of an export certificate shall notify the administering
officer at least 48 hours before the shipping of a consignment thereunder, of
-
(a) the date of shipment of that
consignment;
(b) the
address of the premises where that consignment will be loaded for shipping;
(c) the
format of the containers and the volume of the product in that consignment; and
(d) the
number and date of issue of the export certificate concerned.
(4) (a) Such a consignment
shall -
(i) only
be loaded for shipping under the supervision of or in terms of an authority by
the administering officer; and
(ii)
not be loaded unless the export certificate concerned, is available at
the point of loading.
(b) Within
48 hours after such consignment is loaded, the holder of the export certificate
concerned, must hand in a statement of details of that consignment to the
administering officer on a form which is obtainable from the administering
officer for this purpose.
[Subreg. (4) substituted by GN R2242/94]
(5) (a) The administering
officer may at any time, in order to satisfy himself/herself that the
particulars in respect of a consignment corresponds with that of the product
specified in the export certificate concerned, obtain a further sample of the
particular consignment in the manner as stipulated in regulation
52, before such consignment is loaded for shipping.
(b) The
volume or number of containers which were removed from a consignment of a
product during sampling, may be replaced by a corresponding volume or number of
containers of the product concerned.
[Subreg. (5) substituted by GN R2242/94]
(6)
If the administering officer is not satisfied that a consignment
corresponds with the particulars of the product referred to in the export
certificates concerned -
(a) he
shall notify the holder of the export certificate concerned in writing of his
decision and of the grounds therefor;
(b) the
holder of the export certificate concerned shall return that certificate to
the administering officer within 30 days of the date of such notice; and
(c) the
consignment concerned shall not be loaded for shipping.
[Subreg. (6) amended by GN R2242/94]
PART 5
MISCELLANEOUS PROVISIONS
55. Authorizations regarding alcoholic products [10 (2), (6); 27 (1) (a)] [To index]
(1)
An application for an authorization in terms of section 10 of the Act
shall -
(a) be
lodged in writing with the administering officer; and
(b) be
accompanied by the prescribed fees.
[Para. (b) amended by GN R678/2001]
(2) (a) The prescribed
fees shall annually on or before 30 June be payable to the administering
officer in respect of the maintenance of an authority in terms of section 10 of
the Act.
[Para. (a) amended by GN R678/2001]
(b) Such
payment shall be accompanied by a written notice in which the following
particulars are furnished:
(i) The name and address of
the person to whom the authority concerned was granted.
(ii)
The number and date of the notice in the Gazette in which the
authority concerned was granted.
56. Control over the receipt, keeping and use of
certain substances [27 (1) (b)] [To index]
(1) No person shall receive, keep or use any
sugar, excluding a product of the vine, or a preparation or compound of such
sugar, at premises where a liquor product is produced, except under the
following circumstances and subject to the following conditions:
(a) A
separate room or store shall be available at that premises for the keeping of
such sugar, preparation or compound.
(b) Such
sugar, preparation or compound shall immediately after the receipt thereof at
that premises be placed in the room or store referred to in paragraph (a).
(c) Such room or store shall be
locked or secured at all times in order that access thereto can only be
obtained by or through -
(i) the
person in charge of the production of liquor products at the premises
concerned; or
(ii)
a person placed in charge of that room or store by the person referred
to in subparagraph (i).
(d) Such
sugar, preparation or compound shall only be removed, from that room or store
for the purposes of the addition thereof to a liquor product in accordance with
the provisions of these regulations.
(e) The
person referred to in paragraph (c)(i) or (ii) shall immediately after a
quantity of sugar or a preparation of compound thereof has been placed in or
removed from that room or store, record the following particulars in a register
kept for this purpose:
(i) The
date and time of receipt or removal of that sugar, preparation or compound.
(ii)
The name and address of the person from whom that sugar, preparation or
compound has been, received, or the purpose for which it has been removed.
(iii)
A description of the type of sugar, preparation or compound thus received
or removed, and an indication of the mass or volume thereof.
(2) The provisions of
subregulation (1) shall not apply to cane sugar received or kept for human
consumption, at premises used for the production of a liquor product, provided
it is kept where it is customarily utilized for this purpose, and the total
mass thus kept does not at any time exceed 25 kg.
(3) (a) No
person shall receive or keep any flavourant or colourant at premises where a
liquor product is produced unless that flavourant or colourant may in terms of
the provisions of these regulations be added to that liquor product.
(b) The
provisions of subregulation (1) shall apply mutatis mutandis to the
receipt, keeping and use of a flavourant or colourant under the circumstances
referred to in paragraph (a).
57. Analysis of samples [20 (2); 27 (1) (a)] [To index]
Samples
shall be analysed using the methods of analysis -
(a) recognised by the General Assembly of the
International Vine and Wine Office and published by that Office; or
(b) where
an appropriate method of analysis does not appear among those referred to in
paragraph (a), a method of analysis complying with the standards recommended by
the International Organisation for Standardisation; or
(c) in
the absence of either of the methods referred to in paragraphs (a) and (b), and
by reason of its accuracy, repeatability and reproducibility, a method of
analysis determined by the administering officer.
[Reg. 57 substituted by GN R814/2006]
58. Appeals [22; 27 (1)
(a)] [To index]
(1)
An appeal in terms of section 22 of the Act shall -
(a) be
in the form of an affidavit;
(b) contain
full particulars of the decision or direction against which is appealed;
(c) indicate
the grounds on which the appeal is based;
(d) be
lodged with the Director-General;
(e) be
thus lodged within 90 days after the date on which the appellant concerned has
been notified in writing of that decision or direction; and
(f) be
accompanied by the prescribed fees.
[Para. (f) amended by GN R678/2001]
(2)
An appellant and the administering officer or the board, as the case may
be, shall, when requested thereto in writing by the Director-General, in
writing and within the period specified in that request, nominate the persons
who in terms of section 22(3)(a)(ii) of the Act shall serve on the appeal board
concerned.
59. Offences
and penalties [27 (3)] [To index]
Any person who contravenes or fails to comply with any
provision of regulation 2, 39(1), 56(1), 56(3) or 60A
shall be guilty of an offence and on conviction 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.
[Reg. 59 amended by GN R2593/92 and substituted by GN
R1038/97]
60. Permissible tolerances [27 (1) (l)] [To index]
A tolerance to the extent specified in column 2 of Table 13 is permitted in respect of a requirement
prescribed in these regulations with regard to an element specified in column 1
of the said Table opposite thereto.
[Reg. 60 inserted by GN R838/91]
60A. Prohibition
of lead coatings [To index]
No person may
coat the seal of a container of any product to which the Act applies with any
substance or material which is made of lead or which contains lead.
[Reg. 60A inserted by GN R1038/97]
61. Payment
of fees [To index]
(1)
Postage on and delivery of any application, notice, document or appeal
which is submitted in terms of these regulations, as well as on or of anything
else pertaining thereto, shall be prepaid.
(2)
Any amount which is payable in terms of these regulations shall be paid
by cheque, postal order or money order made out in favour of the
Director-General: Agriculture, and be forwarded or delivered to the administering
officer referred to in regulation 62(l): Provided that if
such amount is delivered by hand, it may be paid in cash.
(3)
Any amount which is payable in terms of Part 2, 3, 4 and 5 of these
regulations, shall be paid within 30 days of the date on which a statement
reflecting the amount due, was issued to the person by whom such amount is
payable.
(4)
If a person fails or refuses to pay the amount reflected in a statement
referred to in subregulation (3), within the period permitted under that subregulation-
(a) such
amount shall become immediately payable together with interest thereon, calculated
from the date of issue of the statement concerned and at a rate determined in
terms of section 26 of the Exchequer Act, 1975 (Act No. 66 of 1975);
(b) the
administering officer shall suspend all services of the person concerned and
the issuing of certificates or other documentation in terms of regulation 40,
43, 46, 47, 48, 49, 51 and 55 to such person, until the amount referred to in
paragraph (a) is paid by him in full.
(5)
Nothwithstanding the provisions of subregulation (3), the administering
officer may require that a person in respect of whom services have once been
suspended in terms of subregulation (4)(b), shall pay the applicable amounts
which are payable in terms of Part 2, 3, 4 and 5 of these regulations when
submitting the relevant applications.
(6) Subject to the provisions of section
27(1)(k) of the Act, an amount which has been paid in terms of these
regulations, shall not be repayable.
[Reg. 61 added by GN R2593/92]
(1)
Any application, notice and document, as well as anything else
pertaining thereto, which are required to be submitted to the administering
officer in terms of these regulations shall -
(a) when
forwarded by post, be addressed to The Administering Officer (Act No. 60 of
1989), Subdirectorate: Liquor Control, Private Bag X5015 STELLENBOSCH, 7599;and
(b) when
forwarded to rail or delivered by hand be delivered to-
The Administering Officer (Act No. 60 of
1989)
Subdirectorate: Liquor Control
Nietvoorbij
STELLENBOSCH 7600.
[Reg. 62 added by GN R2593/92]
[To index]
TABLE 1
GRAPE CULTIVARS WHICH MAY BE USED FOR THE PRODUCTION
OF WINE
[Reg. 2]
Alicante Bouschet (Henri
|
Gewürztraminer
|
Raisin blanc (Gros Vert)
|
Bouschet)
|
Grachen
|
Riesling (Kaapse Riesling;
|
Auxerrois
|
Grenache (Rooi/Red
Grenache)
|
Cape Riesling; Crouchen)
|
Barbera
|
Grenache blanc (Wit/White
|
Roobernet
|
*Barlinka
|
Grenache)
|
Roussanne
|
*Bastardo do Castello
|
Harslevelü
|
Ruby Cabernet
|
Bastardo do Menudo
|
*Kanaän (Belies; Canaän)
|
Sangiovese
|
*Bourboulenc
|
Kerner
|
Sauvignon blanc (Blanc
|
Bukettraube
|
Malbec
|
Fumé)
|
Cabernet Franc
|
Merlot
|
Schönburger
|
Cabernet Sauvignon
|
Meunier (Pinot Meunier)
|
Sémillon (Groendruif)
|
Carignan
|
Morio Muscat
|
Shiraz (Syrah)
|
*Ceresa
|
*Mourisco tinto
|
Souzào
|
Chardonnay
|
Mourvèdre (Mataro)
|
Sultana (Sultanina;
|
Chenel
|
Müller-Thurgau
|
Thompson's Seedless)
|
Chenin blanc (Steen)
|
Muscat d'Alexandrie
(Hanepoot)
|
Sylvaner
|
Cinsaut
|
Muscat de Frontignan
(Muskadel;
|
Tannat
|
*Cinsaut blanc
|
Muscadel)
|
Tempranillo (Tinta Roriz)
|
*Cinsaut gris
|
Muscat de Hambourg
|
Therona
|
Clairette blanche
|
Muscat Ottonel
|
Tinta Amarella
|
Colombar (Colombard)
|
Nebbiolo
|
Tinta Barocca
|
*Colomino
|
Nouvelle
|
Tinta Francisca
|
Cornifesto
|
*Olasz
|
Touriga Franca
|
*Donzellinho do Castello
|
Palomino (Fransdruif; White
|
Touriga Nacional
|
*Donzellinho do Gallego
|
French)
|
Ugni blanc (Trebbiano)
|
Durif
|
*Pedro (Valse)
|
Verdelho
|
Emerald Riesling
|
Petit Verdot (Verdot)
|
Viognier
|
*Erlihane
|
Pinotage
|
Weisser Riesling (Ryn
|
*Ferdinand de Lesseps
|
Pinot blanc
(Weissburgunder)
|
Riesling; Rhine Riesling)
|
Fernão Pires
|
Pinot gris (Pinot grigio)
|
Weldra
|
Furmint
|
Pinot noir
|
Zinfandel (Primitivo)
|
Gamay noir
|
Pontak (Teinturier male)
|
|
*The designation of this grape cultivar shall lapse
on 31 December 2010.
|
[Table 1 amended by GN R838/91, GN R2593/92, GN
R1876/95, GN R1038/97, GN R1078/98 and GN R21/2001, substituted by GN
R343/2003, amended by GN R77/2006 and substituted by GN R814/2006]
[To index]
TABLE 2
CLASSES FOR WINE AND
SPECIFIC REQUIREMENTS FOR CLASSES
[Reg. 4;
5]
Class
|
Specific requirements
|
1
|
2
|
1. Extra dry wine
|
The residual sugar content
of the product shall not exceed 2,5 gram per litre.
|
2. Dry wine
|
The residual sugar content
of the product shall not exceed 5,0 gram per litre.
|
3. Semi-dry wine
|
The residual sugar content of the product shall be more than 5,0 gram
per litre, but not exceed 12,0 gram per litre.
|
4. Semi-sweet wine
|
The residual sugar content of the product shall be more than 5,0 gram
per litre, but less than 30,0 gram per litre.
|
5. Late harvest wine
|
1.
|
The alcohol content of the
product shall be at least 10,0 per cent, but it shall not contain added
spirit.
|
|
2.
|
The residual sugar content
of the product shall be at least 20,0 gram per litre.
|
|
3.
|
The residual sugar content
of the product may exceed 30,0 gram per litre.
|
6. Special late harvest
wine
|
1.
|
The product shall be
produced from must the sugar content of which immediately prior to
fermentation is at least 22 degrees Balling.
|
|
2.
|
Such must shall not be
dehydrated or otherwise concentrated.
|
|
3.
|
No sweetening agent shall
be added to such must.
|
|
4.
|
An added pure culture of
yeasts or bacteria shall not constitute more than five per cent of the volume
of such must.
|
|
5.
|
No sweetening agent shall
be added to the product.
|
|
6.
|
The alcohol content of the
product shall be at least 11,0 per cent, but it shall not contain added
spirit.
|
|
7.
|
The product shall have a
sugar-free extract of at least 19,0 gram per litre.
|
|
8.
|
The product shall possess
the character which is distinctive of wine produced from grapes which were
harvested at the full-ripe stage.
|
|
9.
|
The product may only be
sold if it has been certified.
|
|
10.
|
The residual sugar content
of the product may exceed 30,0 gram per litre.
|
7. Noble late harvest
wine.
|
1.
|
The product shall be
produced from must the sugar content of which immediately prior to
fermentation is at least 28 degrees Balling.
|
|
2.
|
Such must shall not be
dehydrated or otherwise concentrated.
|
|
3.
|
No sweetening agent shall
be added to such must.
|
|
4.
|
An added pure culture of
yeasts or bacteria shall not constitute more than five per cent of the volume
of such must.
|
|
5.
|
No sweetening agent shall
be added to the product.
|
|
6.
|
The product shall not
contain added spirit.
|
|
7.
|
The residual sugar content
of the product shall be more than 50,0 gram per litre.
|
|
8.
|
The product shall have a
sugar-free extract of at least 30,0 gram per litre.
|
|
9.
|
The volatile acid content
of the product shall not exceed 1,8 gram per litre.
|
|
10.
|
The product may only be
sold if it has been certified.
|
7A. Wine from
|
1.
|
The product shall be produced from naturally dried grapes
|
naturally dried
grapes
|
2.
|
The product shall be produced from must the sugar content of which immediately
prior to fermentation is at least 28 degrees Balling.
|
|
3.
|
Only a pure culture of yeasts or bacteria may be added to the must of
such a batch of dried grapes.
|
|
4.
|
An added pure culture of yeasts or bacteria shall not constitute more
than five per cent of the volume of such must.
|
|
5.
|
No sweetening agent shall be added to the product.
|
|
6.
|
The product shall not contain added spirit.
|
|
7.
|
The residual sugar content of the product may exceed 30,0 gram per
litre.
|
|
8.
|
The volatile acid content of the product shall not exceed 1,8 gram
per litre.
|
|
9.
|
The actual and potential alcohol content by volume of the product
shall together amount to not less than 16,0 per cent.
|
|
10.
|
The product shall not be a special late harvest wine or a noble late
harvest wine.
|
|
11.
|
The product may be sold only if it has been certified.
|
8. Sweet natural wine
|
1.
|
The product shall not
contain added spirit.
|
|
2.
|
The residual sugar content
of the product shall be more than 20,0 gram per litre.
|
|
3.
|
The residual sugar content
of the product may exceed 30,0 gram per litre.
|
9. Perlé wine
|
The pressure in a container
in which the product is sold shall be at least 75 kPa, but not exceed 300
kPa.
|
10.
Sparkling wine
|
See note 1.
|
11. Extra dry sparkling wine
|
1.
|
The residual sugar content
of the product shall not exceed 15,0 gram per litre.
|
|
2.
|
See note 1.
|
12. Dry sparkling wine
|
|
The residual sugar content
of the product shall be more than 15,0 gram per litre, but not exceed 35,0
gram per litre.
|
|
2.
|
See note 1.
|
13. Semi-sweet sparkling wine
|
1.
|
The residual sugar content
of the product shall be more than 35,0 gram per litre, but not exceed 50,0
gram per litre.
|
|
2.
|
See
note 1.
|
14. Sweet sparkling wine
|
1.
|
The residual sugar content
of the product shall be more than 50,0 gram per litre.
|
|
2.
|
See note 1.
|
15. Tank fermented
sparkling wine
|
1.
|
The combined duration of
the second alcoholic fermentation and the period during which the product
lies on the lees shall -
|
|
|
(a)
|
be at least 30 days where,
in accordance with generally accepted cellar practices, agitators are used in
the tank in which it is produced; and
|
|
|
(b)
|
be at least 80 days where
it is produced in a sealed tank.
|
|
2.
|
The carbon dioxide in the
tank in which the product is produced shall originate solely from the second
alcoholic fermentation.
|
|
3.
|
See notes 1 and 2.
|
16. Bottle-fermented sparkling
|
1.
|
The second alcoholic fermentation shall occur solely in a bottle.
|
wine
|
2.
|
The duration of fermentation in the bottle, including the period
during which the product lies on the lees, shall be at least 60 days.
|
|
3.
|
The total duration of the production process including the period of
maturation, shall be at least nine months calculated from the commencement or
the second alcoholic fermentation.
|
|
4.
|
The separation of the lees shall be done by means of the transverse
filtration method with the application of counter pressure, or by means of
"degorgement".
|
|
5.
|
The carbon dioxide in the bottle in which the product is sold shall
originate solely from the second alcoholic fermentation.
|
|
6.
|
See notes 1
and 2.
|
17. Sparkling wine according to the traditional
method
|
1.
|
The second alcoholic
fermentation shall occur solely in the bottle in which the product is to be
sold.
|
|
2.
|
The product shall remain in
contact with the lees in such bottle for a continuous period of at least nine
months calculated from the commencement of the second alcoholic fermentation.
|
|
3.
|
The separation of the lees
shall he done by means of "degorgement".
|
|
4.
|
The carbon dioxide in the
bottle in which the product is sold shall originate solely from the second
alcoholic fermentation.
|
|
5.
|
If it is intended to sell
the product in bottles with a capacity of more than 1,5 litres or less than
750 ml, the administering officer may on application grant permission for a
departure from the requirements set out in paragraphs 1 and 2 above.
|
|
6.
|
See notes 1 and 2.
|
18.
Blanc de noir wine
|
1.
|
The product shall have the
colour that is distinctive of a blanc de noir wine.
|
|
2.
|
The product may only be
sold if it has been certified.
|
19. Rosé wine
|
The product shall have the
colour that is distinctive of a rosé wine.
|
20. Dessert wine
|
See note 3.
|
21. Cape white
|
1.
2.
3.
|
The product shall be
produced from non-muscat white varieties.
The product shall be
matured in oaken casks for at least 6 months.
See notes 3 and 4.
|
22. Cape ruby
|
1.
2.
3.
4.
5.
|
The product shall be a
blend of young, full-bodied and fruity fortified wines.
The fortified wines used in
the product shall all be matured for at least 6 months in oaken casks.
The fortified wines used in
the product shall be matured in oaken casks for not more than 3 years.
The average maturation
period in oaken casks of the fortified wines used in the product shall be at
least 12 months.
See notes 3 and 4.
|
23. Cape tawny
|
1.
2.
3.
4.
5.
|
The product shall be
matured in oaken casks.
The product shall be tawny
in colour.
The product shall have a
smooth, slightly nutty flavour.
The product may not consist
of a blend of white and red fortified wines.
See notes 3 and 4.
|
24. Cape dated tawny
|
The product shall be a
tawny as specified in item 23, of a single vintage year.
|
25. Cape late bottled vintage
|
1.
2.
3.
4.
5.
6.
|
The product shall be
matured, in oaken casks or in the bottle, for at least 3 years.
The product shall be
matured in oaken casks for at least 2 years.
The product shall be of a
single vintage year.
The product shall be
certified and sold as a vintage wine.
The product shall be
full-bodied and dark with signs of going tawny in colour.
See notes 3 and 4.
|
26. Cape vintage
|
1.
2.
3.
4.
5.
|
The product shall be
matured in oaken casks for at least 1 year.
The product shall be
full-bodied and dark.
The product shall be
certified and sold as a vintage wine.
The product shall only be
sold in glass containers.
See notes 3 and 4.
|
27.
Fino
|
1.
2.
3.
4.
5.
|
The product shall be from
pale, to straw to pale-golden in colour.
The product shall have a
delicate flavour suggestive of almonds.
The product shall have a
discernible flor yeast and wood character.
The residual sugar content
of the product shall not exceed 20,0 gram per litre.
The product may be called
"Extra dry fino" if:
|
|
|
(a)
|
The residual sugar content
of the product does not exceed 5,0 gram per litre; and
|
|
|
(b)
|
The alcohol content of the
product is not more than 16 per cent.
|
|
6.
|
See notes 3 and 5.
|
28. Amontillado
|
1.
2.
3.
4.
5.
|
The product shall be from
pale-golden to amber in colour.
The product shall have a
flavour suggestive of hazelnuts.
The product shall have a
discernible flor yeast and wood character.
The alcohol content of the
product shall be at least 16 per cent.
See notes 3 and 5.
|
29. Oloroso
|
1.
2.
3.
4.
5.
6.
|
The product shall be from
amber to mahogany in colour.
The product shall have
rich, nutty flavours.
The product shall have a
discernible flor yeast or wood character.
The residual sugar content
of the product shall be at least 50,0 gram per litre.
The alcohol content of the
product shall be at least 16 per cent.
See notes 3 and 5.
|
30. Pale dry
|
1.
2.
3.
4.
5.
|
The product shall be from
pale, to straw to pale-golden in colour.
The product shall have a
discernible flor yeast and wood character.
The residual sugar content
of the product shall not be more than 30,0 gram per litre.
The alcohol content of the
product shall be at least 16 per cent.
See notes 3 and 5.
|
31. Pale cream
|
1.
2.
3.
4.
5.
|
The product shall be from
pale, to straw to pale-golden in colour.
The product shall have a
discernible flor yeast and wood character.
The residual sugar content
of the product shall be between 30,0 and 80,0 gram per litre.
The alcohol content of the
product shall be at least 16 per cent.
See notes 3 and 5.
|
32. Medium cream
|
1.
2.
3.
4.
5.
|
The product shall be from
golden to amber in colour.
The product shall have a
discernible wood character.
The residual sugar content
of the product shall be between 80,0 and 115,0 gram per litre.
The alcohol content of the
product shall be at least 16 per cent.
See notes 3 and 5.
|
33. Full cream
|
1.
2.
3.
4.
5.
|
The product shall be from
amber to mahogany in colour.
The product shall have a
discernible wood character.
The residual sugar content
of the product shall be at least 115,0 gram per litre.
The alcohol content of the
product shall be at least 16 per cent.
See notes 3 and 5.
|
34. Old brown
|
1.
2.
3.
4.
5.
6.
7.
|
The product shall be amber
in colour.
The product shall have a
discernible nut or muscat character.
The product shall have an
aldehyde content of at least 80,0 milligram per litre.
The residual sugar content
of the product shall be at least 100,0 gram per litre.
The alcohol content of the
product shall be at least 16 per cent.
The product may only be
sweetened with concentrated must, or with fortified wine with a residual
sugar content of at least 180,0 gram per litre.
See note 3.
|
Notes
1. (a) The
pressure in a container in which the product is sold shall be more than 300
kPa.
(b) The product shall
not also be wine of a class specified in item 1, 2, 3 or 4.
2. (a) Written
notice of the intended initiation of the second alcoholic fermentation shall be
furnished to the administering officer to reach him at least three working days
beforehand.
(b) Full records of all
processes in connection with the production of the product shall be kept to the
satisfaction of the administering officer.
3. (a) The
product shall be a fortified wine.
(b) If the expressions "extra dry", "dry",
"semi-dry", "semi-sweet" and "sweet" is used in connection with the sale of the
product, the requirements relating to residual sugar content for the products
specified in items 1, 2, 3, 4,
11, 12, 13 and 14 shall not apply.
4. (a) The
product shall have the character that is distinctive of the South African wine
known or previously known as "port".
(b) The product may only be sold if it has been
certified.
5. (1) The
product shall be produced by:
(a) Maturing unsweetened
fortified wine under a film of flor yeast in oaken casks with a capacity of not
more than 500 litres, for a period of not less than 3 years: Provided that for
medium cream and full cream maturation need not take place under a film of flor
yeast.
(b) Thereafter the matured
unsweetened fortified wine shall be further fortified or bottled or shall -
(i) before
or after further fortification and before further maturation or bottling, be
blended and sweetened with another fortified wine with a residual sugar content
of at least 180 gram per litre, which has been matured in oaken casks for at
least 3 years: Provided that such other fortified wine may only be sweetened
before such maturation in oaken casks; or
(ii) before
or after further fortification, be transferred as "criadera wine" to
a solera system described in subnote (3).
(2) The expression
"criadera" may only be used in connection with the sale of the
product if the provisions of subnote (1)(a) were complied with.
(3) The
expression "solera" may only be used in connection with the sale of
the product if it was produced by using the following system:
(a) Subject to the provisions of
subnote (4),
oaken casks shall be arranged in a vertical system, at least 3 oaken casks
high.
(b) To establish the system:
(i) All the rows of oaken
casks in the system shall be filled with criadera wine referred to in subnote (1)(b)(ii).
(ii) After at least 1 year from
date of initial filling, no more than 50 per cent of the wine in the bottom row
of oaken casks shall be drawn off.
(iii) After drawing off the wine
as referred to in subparagraph (ii), the bottom row of oaken casks shall be
fully topped up with wine from the second row of oaken casks, which in turn
shall be fully topped up with wine from the third row of oaken casks, and so on
to the last row of oaken casks, which shall be fully topped up with criadera
wine referred to in subnote
(1)(b)(ii).
(iv) After at least 1 year from
the date of drawing off referred to in subparagraph (ii), the process as set
out in subparagraphs (ii) and (iii) shall be repeated, and so on each year
until the bottom row of oaken casks have been annually topped up at least 3
times.
(v) Wine drawn off during the
establishment phase of the system shall be further fortified or bottled or
handled as set out in subnote
(1)(b)(i).
(vi) The expression
"solera" may not be used in connection with the sale of wine drawn
off during the establishment phase of the system.
(c) Once established, the
system shall be used as follows:
(i) After at least 1 year from
the date of last topping up of the bottom row of oaken casks during the
establishment phase, wine may be drawn off from that bottom row of oaken casks.
(ii) The bottom row of oaken
casks in the system shall never be emptied during a 6 month period, of the wine
initially drawn off in that 6 month period.
(iii) Each time after drawing
off wine, the bottom row of oaken casks shall be fully topped up with wine from
the second row of oaken casks, which in turn shall be fully topped up with wine
from the third row of oaken casks, and so on to the last row of oaken casks,
which shall be fully topped up with criadera wine referred to in subnote (1)(b)(ii).
(iv) Wine drawn off shall be
further fortified or bottled or handled as set out in subnote (1)(b)(i).
(4) Notwithstanding
the provisions of subnote (3), a system need not be vertical: Provided that all
the other provisions of that subnote shall apply mutatis mutandis to
such a system.
(5) The product shall have the
character that is distinctive of the South African wine known or previously
known as "sherry".
(6) The product may only be sold if it has been
certified.
[Table 2 amended by GN R3152/92, GN R833/98, GN R21/2001, GN
R343/2003, GN R77/2006 and substituted by GN R814/2006]
[To index]
TABLE 3
CLASSES FOR ALCOHOLIC FRUIT BEVERAGES AND FRUIT AND
ALCOHOL REQUIREMENTS FOR CLASSES
[Reg. 6;
8]
Klas
Class
|
Soort vrugte waarvan
vrugtesap afkomstig moet wees
Kind of fruit from
which fruit juice shall be derived
|
Alkoholinhoud
Alcohol content
|
Minimum
%
|
Maksimum
Maximum
%
|
1
|
2
|
3
|
1.
|
Alkoholiese appeldrank/
Alcoholic apple beverage
|
Appels/Apples
|
2,5
|
15,0
|
2.
|
Alkoholiese
peerdrank/Alcoholic pear beverage
|
Pere/Pears
|
2,5
|
15,0
|
3.
|
Ongespesifiseerde
alkoholiese vrugtedrank/ Unspecified alcoholic fruit beverage
|
Enige soort of kombinasie
vrugte, insluitende druiwe/Any kind or combination of fruit, including grapes
|
2,5
|
15,0
|
4.
|
Gefortifiseerde appeldrank/
Fortified apple beverage
|
Appels/Apples
|
15,0
|
23,0
|
5.
|
Gefortifiseerde peerdrank/
Fortified pear beverage
|
Pere/Pears
|
15,0
|
23,0
|
[Table
3 amended by GN R2593/92 and substituted by GN R814/2006]
[To index]
TABLE 4
CLASSES OF AND REQUIREMENTS FOR GRAPE-BASED LIQUORS
[Reg. 26;
27]
Class
|
Manner of production
|
Alcohol content
|
|
Minimum %
|
Maximum
%
|
|
|
|
1
|
2
|
3
|
|
1. Vermouth
|
The product shall be
produced by the addition of herbs or natural extracts of herbs to wine in
such a manner that the product has the properties which are generally
characteristic of vermouth.
|
15,0
|
22,0
|
|
2. Cocktail
|
The product shall be
produced by the addition of herbs, natural extracts of herbs, other
flavourants of vegetable origin or extracts thereof, flavourants that are
nature-identical, egg or a dairy product, to wine in such a manner that the
product has a distinctive taste and aroma which differs from that of wine or
a class of wine.
|
15,0
|
23,0
|
|
3. Flavoured grape
liquor
|
The product shall be
produced by the addition of flavourants of vegetable origin or extracts
thereof, or flavourants which are nature-identical to wine: Provided that -
(a) such flavourants shall not constitute more than
10,0 per cent of the volume of the final product; and
(b) the product shall have a distinctive taste and
aroma which differs from that of wine or a class of wine or spirit.
|
2,5
|
15,0
|
|
4. Grape liquor
|
The product shall consist
of wine of which the alcohol content has been reduced.
|
2,5
|
6,5
|
|
[Table 4 amended by GN R2593/92 and GN R77/2006 and
substituted by GN R814/2006]
[To index]
TABLE 5
CLASSES OF AND REQUIREMENTS FOR SPIRIT-BASED LIQUORS
[Reg. 28; 29]
Class
|
Manner of production and requirements
|
Alcohol content
|
|
Minimum %
|
Maximum
%
|
|
|
|
1
|
2
|
3
|
|
1. Liqueur
|
The product shall be produced
by –
(a) macerating fresh or dried fruit, or peels
thereof, or aromatic plants, or leaves, herbs, roots or seeds in a spirit;
(b) adding flavourants of vegetable origin or
extracts thereof, or herbs or natural extracts of herbs, to a spirit; or
(c) redistilling of the product obtained in terms
of paragraph (a) or (b),
and thereafter adding
thereto a syrup containing honey or sugar derived from cane or grain, and, if
applicable, colourant
|
24,0
|
*
|
|
2. Spirit cocktail
|
|
24,0
|
*
|
|
3. Cream liqueur
|
The product shall be
produced by the addition of a dairy product to a spirit, to the extent
specified in Table 6
|
15,0
|
*
|
|
4. Spirit cooler
|
The product shall be
produced by adding a soft drink, fruit juice or water to a spirit.
|
2,5
|
15,0
|
|
[Table 5 amended by GN R2791/92 and substituted by GN
R814/2006]
[To index]
TABLE 6
SUBSTANCES WHICH MAY BE
ADDED TO LIQUOR PRODUCTS
[Reg. 30]
Name of substance
|
Liquor products to which substance may be added
|
Manner and conditions of addition
|
1
|
2
|
3
|
Acacia/Arabic gum
|
Wine
|
This product may only be
added after completion or termination of alcoholic fermentation.
|
Activated animal or
vegetable charcoal
|
Wine (excluding special
late harvest wine and noble late harvest wine); alcoholic fruit beverage;
spirits (excluding premium husk spirit, pot still brandy and vintage brandy);
grape-based liquor; spirit-based liquor
|
|
Agar-agar
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
|
Allula red A.C.C.I. 16035
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor; unspecified alcoholic fruit
beverage
|
The final product shall not
contain more than 100 mg/l of this substance.
|
Ammonia
|
Wine
|
|
Ammonium bisulphide
|
Wine
|
|
Ammonium phosphate
|
Wine
|
|
Ammonium sulphate
|
Wine
|
|
Ammonium sulphide
|
Wine
|
|
Anatto extract C.I. 75120
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 100 mg/l of this substance.
|
Argon
|
Wine
|
|
Ascorbic acid
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
The final product shall, in
the case of wine and a grape-based liquor, not contain more than 150 mg/l
of this substance.
|
Azogeranine C.I. 18050
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 100 mg/l of this substance.
|
Azorubine C.I. 14720
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 100 mg/l of this substance.
|
Beetroot red or betanin
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 30 mg/l of this substance.
|
Bentonite
|
All types and classes
|
|
Betacaronne C.I. 75130
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 100 mg/l of this substance.
|
Brilliant Blue FCF C.I.
42090
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 25 mg/l of this substance.
|
Calcium alginate
|
Bottle-fermented sparkling
wines
|
|
Calcium carbonate
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
|
Calcium hydroxide
|
Wine; grape-based liquor
|
|
Caramel
|
Wine (excluding special
late harvest wine and noble late harvest wine); alcoholic fruit beverage;
spirits (excluding grape spirit, cane spirit, gin, vodka, unspecified spirit
and mixed spirit); grape-based liquor and spirit-based liquor
|
This substance may be added
to a liquor product only if –
(a) it has not been manufactured by the ammonia
process; and
(b) it does not contain more than 200 mg/kg
of 4-methyl imidazole.
|
Carbon dioxide
|
Wine (excluding noble late
harvest wine); alcoholic fruit beverage; grape-based liquor; spirit based
liquor
|
|
Carboxy methyl cellulose
|
Grape-based liquor
(excluding grape liquor)
|
|
Casein
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
|
Chlorophyll C.I. 75810
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 30 mg/l of this substance.
|
Citrates of potassium,
calcium and sodium
|
Alcoholic fruit beverage
|
|
Citric acid
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
|
Cochineal C.I. 75470
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 30 mg/l of this substance.
|
Concentrated must
|
Wine (excluding special
late harvest wine, wine from naturally dried grapes and noble late harvest
wine); husk spirit, premium husk spirit, pot still brandy, brandy and vintage
brandy, grape-based liquor
|
This substance may –
(a) in the case of wine of the classes specified
in items 27 to 34
of Table 2, be added
only as allowed in that Table;
(b) in the case of other wine, be added before or
during alcoholic fermentation on condition that -
(i) it may not be diluted before addition;
1
(ii) the volume of the must to which it is added
may not increase by more than 5 per cent as a result of such addition; and
(iii) the total (actual plus potential) alcohol
content of the final product may not increase by more than 2 per cent as a
result of such addition;
(c) otherwise, only be added after completion or
termination of alcoholic fermentation; and
(d) in the case of the spirits specified in column
2, only be added to such extent that the sugar content of the final product,
calculated as reducing sugar, does not exceed 15 g/l.
|
Copper sulphate
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
|
Dairy
products
|
Grape-based liquor
(excluding vermouth and grape liquor); spirit cocktail; cream liqueur
|
The butterfat content of
the final product shall, in the case of cream liqueur, be at least 10,0% by
volume.
|
Dessert wine
|
Husk spirit, premium husk
spirit, pot still brandy, brandy, vintage brandy, whisky, malt whisky and
blended whisky
|
This substance shall only
be added to such extent that the total sugar content of the final product,
calculated as reducing sugar, does not exceed 15 g/l.
|
Di-ammonium glycero
phosphate
|
Wine
|
|
Di-ammonium-phosphate
|
Wine; alcoholic fruit
beverage
|
|
Dimethyl-dicarbonate
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
The final product shall, in
the case of a spirit-based liquor, not contain more than 100 mg/l of
this substance.
|
Egg albumen
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
|
Egg yolk
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
|
Emulsifying agents
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
|
Enzymes
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
|
Erythrosine BS C.I. 45430
|
Grape-based liquor
(excluding grape liquor) spirit-based liquor
|
The final product shall not
contain more than 30 mg/l of this substance.
|
Evaporated milk
|
Wine
|
|
Filtering aids of inert
material
|
All types and classes
|
No undesired residue shall
be left behind in the treated product.
|
Flavourants of vegetable
origin or extracts thereof
|
Husk spirit, premium husk
spirit, pot still brandy, brandy, vintage brandy and gin; grape-based liquor
(excluding grape liquor); spirit-based liquor; alcoholic fruit beverage
|
The addition of this
substance to-
(a) flavoured grape liquor or an alcoholic fruit
beverage shall not increase the alcohol content of the product by more than
0,6 percent; and
(b) vermouth or a cocktail shall not increase the
alcohol content of the product by more than 1.2 per cent.
|
Flavourants that are
nature-identical
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor; alcoholic fruit beverage
|
The addition of this
substance to-
(a) flavoured grape liquor or an alcoholic fruit
beverage shall not increase the alcohol content of the product by more than
0,6 percent; and
(b) vermouth or a cocktail shall not increase the
alcohol content of the product by more than 1.2 per cent.
|
Fruit pulp of fruit cells
|
Grape-based liquor
(excluding grape liquor); spirit cooler
|
|
Gelatine
|
All types and classes
|
|
Green S. C.I. 44090
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 100 mg/l of this substance.
|
Gold flakes
|
Wine; grape-based liquor;
spirit-based liquor
|
|
Herbs and natural extracts
of herbs
|
Vermouth
|
|
Honey
|
Husk spirit, premium husk
spirit, pot still brandy, brandy and vintage brandy; grape-based liquor
(excluding grape liquor); spirit-based liquor
|
This substance shall, in
the case of the spirits specified in column 2, only be added to such extent
that the total sugar content of the final product, calculated as reducing
sugar, does not exceed 15 g/l.
|
Hydrogen peroxide
|
Wine
|
|
Ion exchange resins
|
Alcoholic fruit beverage;
grape-based liquor
|
|
Isinglass
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
|
Lactic acid
|
Alcoholic fruit beverage;
spirit-based liquor
|
|
Malates of potassium,
calcium and sodium
|
Alcoholic fruit beverage
|
|
Malic acid
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
|
Malolactic fermentation bacteria
|
Wine
|
|
Meta-tartaric acid
|
Wine
|
|
Milk
|
Wine
|
|
Must
|
Wine (excluding special
late harvest wine, noble late harvest wine and wine of the classes specified
in items 27 to 34
of Table 2); husk
spirit, premium husk spirit, pot still brandy, brandy and vintage brandy;
grape-based liquor
|
This substance shall, in
the case of the spirits specified in column 2, only be added to such extent
that the total sugar content of the final product, calculated as reducing
sugar, does not exceed 15 g/l.
|
Nitrogen gas
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
|
Oxygen
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
|
Pectin
|
Alcoholic fruit beverage;
grape-based liquor
|
|
Phytates
|
Wine
|
|
Pimarizin
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
|
Polyvinyl polypirollidone
|
Wine (excluding special
late harvest wine and noble late harvest wine); alcoholic fruit beverage;
grape-based liquor; spirit-based liquor
|
|
Poncheau 4R C.I. 16255
|
Grape-based liquor
(excluding grape liquor) spirit-based liquor
|
The final product shall not
contain more than 100 mg/l of this substance.
|
Potassium alginate
|
Wine
|
|
Potassium bicarbonate
|
Wine
|
|
Potassium bitartrate
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
|
Potassium carbonate
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
|
Potassium ferro cyanide
|
Wine; alcoholic fruit
beverage; spirits; grape-based liquor
|
In accordance with the
provisions of regulation 31(4).
|
Potassium hydroxide
|
Alcoholic fruit beverage;
grape-based liquor; spirit-based liquor
|
|
Potassium meta bisulphide
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
|
Potassium sorbate
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
The final product shall not
contain more than 200 mg/l, calculated as sorbic acid, of this
substance.
|
Quillaia extract
|
Rum
|
The final product shall not
contain more than
3 g/l of this
substance.
|
Quinoline yellow C.I. 47005
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 100 mg/l of this substance.
|
Silicasol
|
All types and classes
|
|
Sodium alginate
|
Wine
|
|
Sodium bensoate
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor; alcoholic fruit beverage
|
The final product shall not
contain more than 250 mg/l, calculated as bensoic acid, of this
substance.
|
Sodium carbonate
|
Wine; alcoholic fruit
beverage; spirit-based liquor
|
|
Sodium chloride (common
salt)
|
Spirit-based liquor
|
|
Sodium hydroxide
|
Wine; alcoholic fruit
beverage; spirit-based liquor
|
|
Sodium meta bisulphide
|
Wine; alcoholic fruit
beverage; spirit-based liquor
|
|
Soft drink as defined in
the regulations published under the Foodstuffs, Cosmetics and Disinfectants
Act, 1972 (Act No. 54 of 1972)
|
Spirit cooler
|
|
Sorbic acid
|
Wine; flavoured grape
liquor and grape liquor
|
The final product shall not
contain more than 200 mg/l of this substance.
|
Spirit derived from any
harmless vegetable article
|
Vermouth; aperitif
|
The substance concerned
shall be a rectified spirit.
|
Spirit derived from apples
or pears
|
Alcoholic fruit beverage
(excluding unspecified alcoholic fruit beverage)
|
The substance concerned
shall be a rectified spirit.
|
Spirit derived from grapes
|
Wine (excluding late
harvest wine, special late harvest wine, noble late harvest wine and sweet
natural wine); grape-based liquor
|
|
Sugar of vegetable origin
|
Sparkling wines; alcoholic
fruit beverage (excluding fortified apple and pear beverage); spirits;
grape-based liquor (excluding grape liquor and flavoured grape liquor);
spirit-based liquor
|
This substance shall -
(a) in the case of sparkling wines, only be added
for the initiation of the second alcoholic fermentation and to sweeten the
final product;
(b) in the case of an alcoholic fruit beverage-
(i) be added before alcoholic fermentation only to
such an extent that not more than 20 per cent of the fermentable sugars are
derived therefrom;
(ii) otherwise, only be added after completion or
termination of alcoholic fermentation to sweeten the final product and to a
maximum of 100 g/l, calculated as reducing sugar;
(c) in the case of husk spirit, premium husk
spirit, pot still brandy, brandy and vintage brandy, only be added to such an
extent that the sugar content of the final product, calculated as reducing
sugar, does not exceed 15 g/l;
(d) in the case of other spirits (excluding gin),
only be added to such an extent that the sugar content of the final product,
calculated as reducing sugar, does not exceed 1 g/l; and
(e) in the case of a grape-based liquor or a
spirit-based liquor, only be added to sweeten the final product.
|
Sulphur dioxide gas
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
|
Sunset Yellow C.I. 15985
|
Grape-based liquor
(excluding grape liquor); spirit-based liquor
|
The final product shall not
contain more than 100 mg/l of this substance.
|
Sweet reserve
|
Wine (excluding special
late harvest wine, noble late harvest wine and wine of the classes specified
in items 27 to 34
of Table 2);
grape-based liquor
|
This substance shall, in
the case of wines other than sparkling wines, only be added after completion
or termination of alcoholic fermentation.
|
Tannin if it is not foreign
to wine
|
All types and classes
|
|
Tartaric acid
|
Wine; alcoholic fruit
beverage; grape-based liquor; spirit-based liquor
|
|
Tiamine
|
Wine
|
|
Water
|
Spirits; grape-based
liquor; spirit-based liquor; alcoholic fruit beverage
|
|
Wood
|
Wine; spirits (excluding
grape spirit, cane spirit, gin, vodka, unspecified spirit and mixed
spirit);spirit-based liquor; alcoholic apple and pear beverage
|
|
Yeasts and yeast nutrients
if it is not foreign to wine or primarily flavour contributive
|
Wine; alcoholic fruit
beverage.
|
|
[Table 6 amended by GN R2791/92, GN R2350/93, GN R636/94, GN
R2242/94, GN R1876/95, GN R1038/97and GN R1078/98, substituted by GN R343/2003
and GN R77/2006 and amended by GN R814/2006]
[To index]
TABLE 7
SUBSTANCES WHICH MAY BE
REMOVED FROM LIQUOR PRODUCTS
[Reg. 31]
Name of substance
|
Liquor products from which
substance may be removed
|
Manner en conditions of removal
|
1
|
2
|
3
|
Alcohol
|
Grape-based liquor; wine
|
In the case of wine, by
means of one or a combination of the processes reverse osmosis,
nano-filtration, distillation or centrifugation in accordance with the
provisions of note
1.
|
Undesirable flavours
|
Wine; alcoholic fruit
beverage; grape-based liquor
|
By means of treatment with
activated animal or vegetable charcoal, copper sulphate or polyvinyl
polypirollidone or, in the case of an alcoholic fruit beverage or grape-based
liquor, ion exchange resins.
|
Heavy metals
|
Wine; alcoholic fruit beverage; spirits; grape-based liquor
|
By means of treatment with potassium ferro cyanide in accordance with
the provisions of regulation
31(4) or, in the case of an
alcoholic fruit beverage or grape-based liquor, ion exchange resins.
|
Tartrates and other substances which could affect the stability of a
liquor product
|
Wine; alcoholic fruit beverage; grape-based liquor
|
By means of -
(a) pasteurisation or cold stabilisation or, in the
case of a grape-based liquor, membrane diffusion; or
(b) treatment with
potassium bitartrate or tartaric acid or, in the case of a grape-based
liquor, ion exchange resins or carboxy methyl cellulose.
|
Cloudiness, colouring agents and proteins
|
Wine; alcoholic fruit beverage; grape-based liquor
|
By means of -
(a) pasteurisation or cold stabilisation or, in the
case of a grape-based liquor, filtration; or
(b) treatment with
agar-agar, bentonite, egg albumen, filtering aids, activated animal or
vegetable charcoal, gelatine, casein, polivinyl polypirollidone, silicasol,
tannin or isinglass or, in the case of a grape-based liquor, ion exchange
resins.
|
Organic acids
|
Wine; alcoholic fruit beverage; grape-based liquor
|
By means of calcium
carbonate, calcium hydroxide, cold stabilisation or sodium hydroxide
|
Volatile Acid
|
Wine
|
By means of reverse osmosis
|
Water
|
Wine
|
By means of reverse osmosis
|
Notes:
1. (a) Use of the processes may
not alter the vinous character of the treated wine.
(b) No water or other substance other than that contained in
the original wine prior to processing may be returned to the wine being
treated.
(c) Treatment of the original wine may not commence unless
prior written notification thereof was given to the administering officer and
the customs and excise officer concerned, and the administering officer has taken
a sample of the original wine.
(d) Comprehensive records, ensuring full traceability from the
original wine to the treated wine of all actions, processes and substances
involved, shall, to the satisfaction of the administering officer, be kept by all
involved parties.
(e) A treated wine may not be bottled or sold
unless prior written notification thereof was given to the administering
officer, the administering officer has taken a sample of the treated wine and
has given written permission for the treated wine to be bottled or sold.
[Table 7 amended by GN R349/2001, GN R349/2001, GN R343/2003
and GN R77/2006 and substituted by GN R814/2006]
[To index]
TABLE 8
RESTRICTED SUBSTANCES IN
LIQUOR PRODUCTS
[Reg.
32]
Name of substance
|
Maximum extent to which substance may be contained
(mg/l)
|
1
|
2
|
Arsenic
|
0,2
|
Boron
|
80,0, calculated as boracic
acid
|
Bromine
|
1,0
|
Cadmium
|
0,015, but 0,01 in the case
of wine
|
Copper
|
4,0, but 1,0 in the case of
wine
|
Fluorine
|
1,7, but 1,0 in the case of
wine
|
Iron
|
10,0 (in the case of wine
only)
|
Lead
|
0,3, but 0,25 in the case
of wine produced after 31 December 1994 en 0,2 in the case of wine produced
after 31 December 1997
|
Mercury
|
0,05
|
Methanol
|
See note 1
|
Selenium
|
1,0
|
Sodium
|
100,0 (in the case of wine
only)
|
Sulphur dioxide
|
See note 2
|
Tin
|
250,0, but 100,0 in the
case of wine
|
Zinc
|
5,0
|
Notes:
1. (a) Wine shall not contain more than 300 mg/l
of methanol.
(b) Spirits other than husk spirit, premium husk
spirit and an unspecified spirit referred to in regulation
23(d) shall contain no more than 2000 mg of methanol per litre of absolute
alcohol.
2. (a) An alcohol fruit beverage, grape-based
liquor and spirit-based liquor shall not contain more than 200 mg/l sulphur
dioxide: Provided that not more than 50,0 mg/l of the sulphur dioxide content
of an alcoholic fruit beverage shall be in the form of free sulphur
dioxide.
(b) Wine produced after 31 December 1994,
may not contain more than 160 mg/l sulphur dioxide: Provided that-
(i) noble late harvest wine and wine from
naturally dried grapes shall contain a maximum of 300 mg/l of sulphur
dioxide;
(ii) natural wine with a residual sugar content of
more than 5 gram per litre shall contain a maximum of 200 mg/l of sulphur
dioxide;
(iii) not more than 60 mg/l of the sulphur dioxide
of wine, excluding red wine destined for export in bulk during the year of
production thereof, shall be in the form of free sulphur dioxide;
(iv) wine destined for export in bulk, must contain
at least 40 mg/l of free sulphur dioxide.
(v) red wine with a residual sugar content of less
than 5 g/l produced after 31 December 2002 shall not contain more than 150 mg/l
of sulphur dioxide.
(vi) wine in respect of which certification as a
noble late harvest wine has been refused, may contain a maximum of 300 mg/l of
sulphur dioxide.
(c) Wine produced before 31 December 1994, shall
not contain more than 200 mg/l of sulphur dioxide: Provided that noble late
harvest wine, as well as sweet natural wine in respect of which certification
as a noble late harvest has been refused may contain up to 300 mg/l of sulphur
dioxide.
[Table 8 amended by GN R838/91, GN R2593/92, GN R2242/94,
GN R1038/97, GN R1078/98, GN R21/2001, GN R343/2003, GN R77/2006 and GN
R814/2006]
[To index]
TABEL 9 /
TABLE 9
LETTER SIZES OF INDICATIONS
ON LABELS
LETTERGROOTTES VAN
AANDUIDINGS OP ETIKETTE
[Reg. 34(1)(c)(v)]
Nature of
particulars
Aard van besonderhede
|
Minimum vertical height in
the case of labels on containers with a content of -
Minimum vertikale hoogte
in die geval van etikette op houers met 'n inhoudsmaat van -
|
Less than
Minder as
250 ml
|
250 ml but not
more than
maar hoogstens 375 ml
|
More than
Meer as
375 ml
|
1
|
2
|
3
|
4
|
1.
|
Class designations/ Klasbenamings:
|
|
|
|
|
(a)
|
Flavoured grape liquor, grape liquor en spirit
cooler/ Gegeurde druifdrank, druifdrank en spirituskoeler
|
2,0 mm
|
3,0 mm
|
5,0 mm
|
|
(b)
|
Other liquor products/
Ander drankprodukte
|
1,0 mm
|
1,5 mm
|
2,0 mm
|
2.
|
Alcohol content/ Alkoholinhoud::
|
|
|
|
|
(a)
|
Flavoured grape liquor, grape liquor en spirit
cooler/ Gegeurde druifdrank, druifdrank en spirituskoeler
|
2,0 mm
|
3,0 mm
|
5,0 mm
|
|
(b)
|
Other liquor products/
Ander drankprodukte
|
1,0 mm
|
1,5 mm
|
2,0 mm
|
3.
|
Country of origin/ Land van
herkoms
|
1,0 mm
|
1,5 mm
|
2,0 mm
|
4.
|
Name en address or code number of responsible
seller/ Naam en adres of kodenommer van verantwoordelike verkoper
|
1,0 mm
|
1,5 mm
|
2,0 mm
|
5.
|
The expression "contains sulfites",
"contains sulphites" or "bevat sulfiete" on wine
labels/Die uitdrukking "bevat sulfiete","contains
sulfites" or "contains sulphites" op wynetikette
|
1,0 mm
|
1,5 mm
|
2,0 mm
|
[Table 9 amended by GN R2791/92, substituted by GN R1876/95
and amended by GN R343/2003 and GN R77/2006]
[To index]
TABEL 10 / TABLE 10
TOELAATBARE ALTERNATIEWE
VIR KLASBENAMINGS
PERMISSABLE ALTERNATIVES
FOR CLASS DESIGNATIONS
[Reg.
35(2) (g)]
Klasbenaming
Class designation
|
Toelaatbare
alternatief
Permissable alternative
|
1
|
2
|
1.
|
Perlé-wyn/ Perlé wine
|
Petillant
|
1A.
|
Soet natuurlike wyn/ Sweet
natural wine
|
Natuurlike soet wyn/
Natural sweet wine; Natuurlik soet/ Natural sweet
|
2.
|
Ekstra droë vonkelwyn/ Extra
dry sparkling wine
|
Extra brut vonkelwyn/ sparkling wine; Extra herb vonkelwyn/ sparkling
wine; Brut vonkelwyn/ sparkling wine; Herb vonkelwyn/ sparkling wine; Extra
trochen vonkelwyn/ sparkling wine.
|
3.
|
Droë vonkelwyn/ Dry
sparkling wine
|
Sec vonkelwyn/ sparkling wine; Trocken vonkelwyn/ sparkling wine;
Secco vonkelwyn/ sparkling wine; Ascuitto vonkelwyn/ sparkling wine; Enpoc
vonkelwyn/ sparkling wine.
|
4.
|
Semi-soet vonkelwyn/
Semi-sweet sparkling wine
|
Demi sec vonkelwyn/
sparkling wine; Halbtrocken vonkelwyn/ sparkling wine; Abbocato
vonkelwyn/sparkling wine; Halvtor vonkelwyn/ sparkling wine; Off dry
vonkelwyn/ sparkling wine.
|
5.
|
Soet vonkelwyn/ Sweet
sparkling wine
|
Doux vonkelwyn/ sparkling
wine; Mild vonkelwyn/ sparkling wine; Dulce vonkelwyn/ sparkling wine; Sod
vonkelwyn/ sparkling wine.
|
6.
|
Tenkgegiste vonkelwyn/ Tank
fermented sparkling wine
|
Charmat vonkelwyn/
sparkling wine.
|
7.
|
Bottelgegiste vonkelwyn/
Bottle fermented sparkling wine
|
Fermente en bouteile
vonkelwyn/ sparkling wine.
|
8.
|
Vonkelwyn volgens die
tradisionele metode/Sparkling wine according to the traditional method
|
Vonkelwyn volgens die klassieke metode/ Sparkling wine according to
the classical method; Vonkelwyn volgens die klassieke tradisionele metode/
Sparkling wine according to the classical traditional method; Methode cap
classique vonkelwyn/ sparkling wine; Champagne, indien die beherende
amptenaar oortuig is dat die betrokke vonkelwyn in die Champagne-gebied van
Frankryk geproduseer is/ Champagne, if the administering officer is satisfied
that the sparkling wine concerned was produced in the Champagne area in
France.
|
9.
|
Blanc de noir-wyn/ Blanc de
noir wine
|
Vin gris.
|
10.
|
Dessertwyn/ Dessert wine
|
Jerepiko/ Jerepigo;
Volsoet/ Full Sweet;
Port en Sjerrie slegs in
Botswana, Lesotho, Namibië, Suid-Afrika en Swaziland tot 1 Januarie 2012 en
slegs in Angola, die Demokratiese Republiek van die Kongo, Madagaskar,
Malawi, Mauritius, Mosambiek, die Verenigde Republiek van Tanzanië, Zambië en
Zimbabwe tot 1 Januarie 2008/ Port and Sherry only in Botswana, Lesotho,
Namibia, South Africa and Swaziland until 1 January 2012 and only in Angola,
the Democratic Republic of Congo, Madagascar, Malawi, Mauritius, Mozambique,
United Republic of Tanzania, Zambia and Zimbabwe until 1 January 2008.
|
11.
|
Alkoholiese appeldrank/
Alcoholic apple beverage
|
Sider/Cider.
|
12.
|
Alkoholiese peerdrank/
Alcoholic pear beverage
|
Perrie/Perry.
|
13.
|
Brandewyn/ Brandy
|
Likeurbrandewyn/ Liqueur brandy; Cognac of Armagnac, indien die
beherende amptenaar oortuig is dat die betrokke brandewyn in die gebied in
Frankryk bekend as "Cognac" of "Armagnac", na gelang van die geval,
geproduseer is/ Cognac or Armagnac, if the administering officer is satisfied
that the brandy concerned was produced in the area in France known as "Cognac"
or "Armagnac", as the case may be.
|
13A.
|
Potketelbrandewyn en vintage-brandewyn/ Pot-still brandy and vintage
brandy
|
Cognac of Armagnac, indien die beherende amptenaar oortuig is dat die
betrokke brandewyn in die gebied in Frankryk bekend as "Cognac" of
"Armagnac", na gelang van die geval, geproduseer is/ Cognac or Armagnac, if
the administering officer is satisfied that the brandy concerned was produced
in the area in France known as "Cognac" or "Armagnac", as the case may be.
|
13B.
|
Potketelbrandewyn en
vintage-brandewyn/ Pot still brandy and vintage brandy
|
Brandewyn/ Brandy
|
14.
|
Mengeldrank/ Cocktail
|
Aperitief/ Aperitif.
|
15.
|
Gegeurde druifdrank/
Flavoured grape liquor
|
Cooler
|
16.
|
Druifdrank/ Grape liquor
|
Grape beverage.
|
17.
|
Spiritus mengeldrank/ Spirit
cocktail
|
Spiritus-aperitief/ Spirit
aperitif.
|
18.
|
Spirituskoeler/ Spirit
cooler
|
Die klasbenaming van die
spiritus waaruit dit bestaan, gevolg deur die uitdrukking "en" of "&" en
die naam van die produk of produkte wat daarby gevoeg word/ The class designation
of the spirit of which it consists followed by the expression "and" or
"&" and the name of the product or products added thereto.
|
19.
|
Kaapse laatgebottelde
oesjaar / Cape late bottled vintage
|
Kaapse LGO / Cape LBV
|
[Table 10 amended by GN R838/91, GN R2791/92, GN R2350/93,
GN R1022/94, GN R343/2003 and GN R814/2006]
[To index]
TABLE 11
[Table 11 amended by GN R838/91, GN R2841/91, GN R1876/95
and GN R501/96, substituted by GN R24/99, GN R672/99 and GN R21/2001 and
deleted by GN R678/2001]
TABEL
12 / TABLE 12
VRYGSTELDE LANDE /
EXEMPTED COUNTRIES
[Reg. 50]
Angola
|
Mauritius
|
Ascencion
|
Mosambiek/ Mozambique
|
Benin
|
Namibië/ Namibia
|
Botswana
|
Nigerië/ Nigeria
|
Burundi
|
Principe
|
Die Comore/ The Comoro
Islands
|
Rwanda
|
Die Kanariese Eilande/ The
Canary Islands
|
Sao Tome
|
Djibouti
|
Die Seychelle/ The
Seychelle Islands
|
Gaboen/ Gabon
|
St Helena
|
Ghana
|
Swaziland
|
Die Ivoorkus/ The Ivory
Coast
|
Togo
|
Kongo/ Congo
|
Tristan Da Cunha
|
Lesotho
|
Zaire
|
Liberië/ Liberia
|
Zambië/ Zambia
|
Madagaskar/ Madagascar
|
Zimbabwe
|
Malawi
|
|
[To index]
TABLE 13 /TABEL 13
PERMISSIBLE TOLERANCES /
TOELAATBARE TOLERANSIES
[Reg. 60]
Element
|
Permissible tolerance
Toelaatbare toleransie
|
1
|
2
|
1.
|
Alkoholinhoud/ Alcohol
content
|
0,05 volume per sent/ per
cent
|
2.
|
Suikervrye ekstrak/ Sugar
free extract
|
0,5 g/l
|
3.
|
Ressuikerinhoud/ Residual
sugar content
|
0,1 g/l or/of 1,0 per sent/
per cent
|
4.
|
Swawelstofdioksiedinhoud/
Sulphur dioxide content
|
10 mg/l
|
5.
|
Druk/ Pressure
|
10kPa
|
[Table 13 inserted by GN R838/91 and amended by GN
R1022/94]
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.
|