(1)
| (a) |
No person shall without the written permission of the Authority transfer any must, sweet reserve or wine obtained or produced in terms of an authority, from one premises to another: |
| (b) |
Subject to the provisions of section 8(3)(d) of this Scheme wine which is transferred in terms of such permission shall not be considered for certification as an estate wine. |
[Clause 19(1) substituted by regulation 8(a) of Notice No. 1819 of 2003]
(2)
| (a) |
The Authority may on application grant written exemption from the provisions of subsection (1) to a person intending to transfer wine to other premises for the purposes of bottling. |
| (b) |
The holder of an exemption referred to in paragraph (a) shall at least one working day prior to the intended date of each such transfer notify the Authority thereof. |
[Clause 19(2)(b) substituted by regulation 8(b) of Notice No. R. 1819 of 2003]
| (c) |
No alcoholic fermentation shall occur in such wine during or after transfer. |
| (d) |
Wine thus transferred shall not be removed from the premises to which it has been transferred, unless— |
| (i) |
it has been certified; or |
| (ii) |
it is returned to the cellar from which it was transferred. |
| (e) |
If wine is thus returned, the person who receives that wine shall forthwith notify the Authority thereof. |
(3)
| (a) |
An application for a permission referred to in subsection (1) shall be made on a form obtainable from the Authority for this purpose. |
| (b) |
Such application shall— |
| (i) |
be made by the person intending to receive the must, sweet reserve or wine concerned after the transfer thereof; and |
| (ii) |
be lodged with the Authority at least seven working days prior to the intended date of transfer. |
| (c) |
The applicable fee determined by the Authority for this purpose shall be payable in respect of such application. |
| (4) |
A permission referred to in subsection (1) shall be issued by the Authority only if— |
| (a) |
in the case of must, that must is intended for the production of a wine of origin, and is to be transferred from one cellar to another in the same geographical unit, region, district or ward; |
[Clause 19(4)(a) substituted by regulation 20 of Notice No. R. 835 of 2005]
| (b) |
in the case of sweet reserve, alcoholic fermentation therein has been completed or terminated; |
| (c) |
[Clause 19(4)(c) deleted by regulation 8(c) of Notice No. R. 1819 of 2003] |
| (d) |
in the case of wine that is not intended for certification as an estate wine, alcoholic fermentation therein has been completed : Provided that the Authority may in its discretion grant exemption from this provision. |
[Section 19(4)(d) substituted by regulation 8(d) of Notice No. R. 1819 of 2003]
| (5) |
If the Authority approves an application referred to in subsection (3)— |
| (a) |
the additional conditions and requirements determined by the Authority, that have to be complied with in connection with the transfer and, if applicable, the further production processes of the must, sweet reserve or wine concerned shall be indicated on the permission concerned; and |
| (b) |
such permission shall, in the case of must, be accompanied by a production sheet, and otherwise by a stock sheet. |
| (6) |
The person in charge of the cellar from which must, sweet reserve or wine was transferred in accordance with the provisions of this section shall record the applicable particulars of such transfer on the production sheet or stock sheet and wine record kept in respect of that must, sweet reserve or wine. |
| (7) |
The recipient of must, sweet reserve or wine transferred in terms of a permission referred to in subsection (1) shall— |
| (a) |
forthwith notify the Authority of the receipt thereof; |
| (b) |
upon receipt thereof record the applicable particulars in connection therewith on the production sheet or stock sheet provided to him in terms of subsection (5)(b); |
| (c) |
use such production sheet or stock sheet to record the particulars which are otherwise to be recorded by the holder of an authority; and |
| (d) |
keep a wine record in accordance with the provisions of section 16(1)(e) of this Scheme. |
Housing Development Agency Act, 2008
