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

11.       Requirements for husk 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

62.       Addresses for submission of documents

 

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.

 

6.         Designated classes for alcoholic fruit beverages [6 (1) (f); 27 (1) (a)]                                                          [To index]

 

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]

 

62.       Addresses for submission of documents                                                                                                                     [To index]

 

(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

1.

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

The product shall be produced by the addition of herbs, natural extracts of herbs, other flavourants of vegetable origin or flavourants which are nature-identical, egg or milk, and sugar derived from cane or grain to a spirit in such a manner that the product shall have a distinctive taste and aroma which differs from that of wine or a class of wine

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]