| (2) |
No person shall in connection with the sale of a liquor product— |
| (a) |
use the word "wine" or "wyn", unless it forms part of a class designation for the liquor product concerned, or that liquor product is wine; |
| (b) |
use the word "spirit" or "spiritus", unless it forms part of a class designation for the liquor product concerned, or that liquor product is a spirit; |
| (c) |
use the word or expression ‘beer’, ‘bier’, ‘traditional African beer’, ‘tradisionele Afrikabier’, ‘alcoholic fruit beverage’, ‘alkoholiese vrugtedrank’, ‘grape-based liquor’, ‘druifbasisdrank’, ‘spirit-based liquor’, ‘spiritusbasisdrank’, ‘other fermented beverage’ or ‘ander gegiste drank’ unless it forms part of a class designation for the liquor product concerned; |
[Section 11(2)(c) substituted by section 7(a) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (d) |
use a class designation, or any word or expression that so resembles a class designation that it will deceive or is likely to deceive, unless it is the applicable class designation for the liquor product concerned; |
| (e) |
indicate the alcohol content of the liquor product concerned in any way other than by means of a percentage per volume; and |
| (f) |
use the name of any country, or a word or expression containing such name or partially consisting thereof, in a manner which indicates or purports to indicate that such liquor product is a product of a country other than the country of origin thereof. |
(3)
| (a) |
Unless authorized thereto in terms of a scheme, no person shall use in connection with the sale of wine— |
| (i) |
the name under which an area or a piece of land or a portion of a piece of land is defined by virtue of provision included in a scheme in terms of section 15(1)(d), or deemed in terms of section 15(2)(a) to have been so defined |
| (ii) |
the name under which an area in the Republic where viticulture is practised is generally known, irrespective of whether the boundaries of such area can readily be determined or not; |
| (iii) |
the designation of any vine cultivar, or any word or expression that so resembles such designation that it will deceive or is likely to deceive; |
| (iv) |
any particulars that indicate or purport to indicate that the wine concerned was produced in a particular year or from grapes harvested in a particular year; and |
| (v) |
the word "estate", "landgoed", "vineyard", "wingerd", "orikin", "oorsprong", "vintage", "oesjaar", "superior" or "superieur", or a translation of any of the said words in any language whatsoever, or any word or expression that so resembles any of the said words or a translation thereof that it will deceive or is likely to deceive. |
| (b) |
The Minister may, on the recommendation of the Authority, by notice in the Gazette publish lists of the names and designations referred to in paragraph (a)(ii) and (iii). |
| (c) |
The Minister may by notice in the Gazette declare the provisions of paragraph (a), or so many thereof as he may deem expedient in a particular case, applicable to a liquor product other than wine, or a particular class thereof. |
| (a) |
The Minister may by notice in the Gazette prohibit or reserve, under such circumstances and on such conditions as may be set out in the notice, the use of any word, expression or representation in connection with the sale of a particular liquor product, or a particular class thereof. |
| (b) |
[Section 11(4)(b) deleted by section 7(b) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023] |
| (5) |
Notwithstanding anything to the contrary contained in this section, the Minister may by regulation— |
| (a) |
prescribe the words or expressions that are permissible additions to or transformations of specified class designations of particular liquor products; and |
| (b) |
grant exemption, under such circumstances and subject to such conditions as may be prescribed, from a prohibition referred to in subsection (2) or (3). |
| (6) |
The provisions of this section shall not be construed as restricting the use of— |
| (a) |
a trade mark as defined in section 2(1) of the Trade Marks Act, 1963 (Act No. 62 of 1963), which is used or is intended for use in connection with the sale of a liquor product: |
| (b) |
the name of a company as defined in section 1(1) of the Companies Act, 1973 (Act No. 61 of 1973); |
| (c) |
the name of a co-operative society as defined in section 1 of the Wine and Spirit Control Act, 1970 (Act No. 47 of 1970); or |
| (d) |
the name of a corporation as defined in section 1 of the Close Corporations Act, 1984 (Act No. 69 of 1984), |
that was registered, used or established on the date of commencement of this section, except if the word "estate", "landgoed", "vineyard" or "wingerd" is contained in, or forms part of, such trade mark or name.
| (7) |
The Authority and the administering officer shall for the purposes of any proceedings in terms of any applicable law, be deemed to be an interested party who may lawfully lodge an objection against the continued registration, or an application for the registration of, a trade mark or name referred to in subsection (6) in so far as such objection relates to any word, expression or other particulars referred to in subsection (2), (3) or (4). |
South African Institute for Drug Free Sport Act, 1997
