(1)
| (a) |
An application for the provisional approval of wine intended for certification shall be made on a form obtainable from the Authority for this purpose. |
| (b) |
Such application shall— |
| (i) |
be made by the person requiring the provisional approval of the wine concerned; and |
| (ii) |
subject to the provisions of paragraph (d), be lodged with the Authority at least five working days prior to the date on which that provisional approval is required. |
| (c) |
The applicable fee determined by the Authority for this purpose shall be payable in respect of such application. |
| (d) |
If an applicant has notified the Authority at least three working days beforehand of his intention to lodge such application, that application may be handed to an official or representative of the Authority when a sample of the wine concerned is taken in terms of subsection (2). |
(2)
| (a) |
The Authority shall for the purposes of the consideration of an application referred to in subsection (1) take a sample of the wine concerned in the manner set out in section 28 of this Scheme. |
(Clause 25(2) renumbered to 25(2)(a) by regulation 3 of Notice No. R. 837 of 1991)
| (b) |
An applicant referred to in subsection (1) may, under the circumstances and on the conditions which the Authority stipulate, be exempted from the taking of such samples. |
[Clause 25(2)(b) substituted by regulation 2 of Notice No. R. 1375 of 1993]
(3)
| (a) |
An application referred to in subsection (1) shall be approved by the Authority only if it is satisfied that— |
| (i) |
the production sheet, stock sheet or blending and bottling sheet and the wine record kept in respect of the wine concerned, as well as any other particulars at the disposal of the Authority, indicate that the provisions of this Scheme and any condition determined thereunder have been complied with in connection with that wine; and |
| (ii) |
the wine concerned complies with the applicable requirements set out in the regulations made under the Act, and, for a wine other than an alcohol free wine, a de-alcoholised wine or a low alcohol wine, does not reveal any unacceptable quality characteristics. |
[Clause 25(3)(a)(ii) substituted by regulation 10(a) of Notice No. R. 735, G44988, dated 13 August 2021]
| (b) |
A determination in terms of paragraph (a)(ii) shall be done on the basis of the analysis, and, for a wine other than an alcohol free wine, a dealcoholised wine or a low alcohol wine, sensorial judgement of a sample of the wine concerned. |
[Clause 25(3)(b) substituted by regulation 10(b) of Notice No. R. 735, G44988, dated 13 August 2021]
| (c) |
If the sensorial judgement of wine reveals an unacceptability of a nature specified in Table 4 in respect of the clarity, colour, flavour or taste thereof, such wine shall not be provisionally approved: Provided that the majority of the members of the Authority or of a committee thereof shall concur on the nature of such unacceptability. |
| (4) |
If the Authority is not thus satisfied, a further sample of the wine concerned may be taken for analysis or sensorial judgement with a view to the reconsideration of the application concerned. |
| (5) |
If the Authority refuses an application for the provisional approval of wine— |
| (a) |
it shall notify the applicant concerned in writing of its decision and of the grounds on which it is based; |
| (b) |
the applicant concerned shall within 14 days of the date of the notice concerned record the applicable particulars of such refusal on the production sheet, stock sheet or blending and bottling sheet and wine record kept in respect of the wine concerned; and |
| (c) |
the wine concerned shall, subject to the requirements of subsection (7), again be considered for provisional approval, if— |
[Words preceding clause 25(5)(c)(i) substituted by regulation 11(a) of Notice No. R. 834 of 1998]
| (i) |
the Authority has after consideration of a fully motivated written request by the applicant concerned, consented thereto in writing; |
| (ii) |
such request has been lodged with the Authority within 60 days of the date of the applicable notice referred to in paragraph (a); and |
| (iii) |
the further application for the provisional approval of the wine concerned is lodged with the Authority within 18 months of the date of the applicable notice referred to in paragraph (a). |
| (6) |
A provisional approval shall lapse— |
| (a) |
six months after the date of issue thereof if the wine concerned is not bottled within that period; and |
| (b) |
12 months after the date of issue thereof if the wine concerned— |
| (i) |
has been bottled in the containers in which it is to be sold when a sample thereof is taken in terms of subsection (2); or |
| (ii) |
is bottled within the period specified in paragraph (a). |
[Clause 25(6) substituted by regulation 4 of Notice No. R. 829 of 2002]
| (7) |
The provisions of subsection (5)(c)(i), (ii) and (iii) shall not apply to— |
| (a) |
wine judged from bulk containers; and |
| (b) |
wine judged in the containers in which it would have been sold if the seal of the wine concerned is removed and the wine is to be decanted and the Authority is given at least one working day's prior notice of the removal of the seals and the decantation of that wine. |
[Clause 25(7) inserted by regulation 11(b) of Notice No. R. 834 of 1998]
Stamp Duties Act, 1968 (Act 77 of 1968)
