(1)
| (a) |
An application for the final 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 certification of the wine concerned; and |
| (ii) |
be lodged with the Authority before the provisional approval in respect of that wine has lapsed in terms of section 25(6) of this Scheme. |
| (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) |
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: Provided that the Authority need not take a sample if satisfied that: |
| (a) |
in the case of red wine, that red wine has been in glass containers for at least 10 years and batches thereof have been finally approved in terms of this section at least 3 times; and |
| (b) |
in the case of white wine, that white wine has been in glass containers for at least 7 years and batches thereof have been finally approved in terms of this section at least 3 times. |
[Section 27(2) substituted by section 5(a) of Wine of Origin Scheme: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (3) |
An application referred to in subsection (1) shall be approved by the Authority only if it is satisfied that— |
| (a) |
the wine concerned has been provisionally approved in terms of section 25 of this Scheme; |
| (b) |
such provisional approval has not lapsed in terms of section 25(6) of this Scheme before the application concerned was lodged with the Authority; |
| (c) |
the sample of that wine does not in any material respect differ from the sample that was analysed and judged sensorially in terms of section 25 of this Scheme; and |
| (d) |
the applicable labels and seals or marks were affixed to or placed on the containers of that wine: |
Provided that the provisions of paragraphs (a), (b) and (c) shall not apply to wine referred to in the proviso to subsection (2).
[Section 27(3) substituted by section 5(b) of Wine of Origin Scheme: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (4) |
The final approval of wine shall be confirmed by means of a certificate by the Authority wherein the use of the particulars specified in such certificate is authorized in connection with the sale of that wine. |
| (5) |
If the Authority refuses an application for the final 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; |
| (c) |
the relevant wine shall, subject to subsection (8), again be considered for final approval, if— |
[Words preceding clause 27(5)(c)(i) substituted by regulation 12(a) of Notice No. R. 834 of 1998]
| (i) |
after consideration of a fully motivated written request by the applicant concerned, the Authority gives its permission in writing; |
| (ii) |
such request is submitted to the Authority within 30 days of receiving the notice referred to in paragraph (a); and |
| (iii) |
a further request for final approval of the wine concerned is submitted to the Authority within six months after the relevant notice referred to in paragraph (a); |
[Clause 27(5)(c) substituted by regulation 6 of Notice No. R. 1875 of 1995]
| (d) |
the applicant concerned must remove and destroy the labels and seals or marks on the containers of that wine within 60 days after the date of the relevant notice, under the supervision of an official or representative of the Authority; and |
[Clause 27(5)(d) substituted by regulation 6 of Notice No. R. 1875 of 1995]
| (e) |
the applicant concerned must record without delay the appropriate and relevant particulars on the blending and bottling register kept with respect to that wine. |
[Clause 27(5)(e) inserted by regulation 6 of Notice No. R. 1875 of 1995]
(6)
| (a) |
If any person wishes to uncork a wine which has been finally approved with a view to recorking, stabilisation, topping up, blending, recomposition or rebottling and wishes to use the indication of particulars referred to in section 5 of this Scheme, he may apply therefor to the Authority in writing, stating particulars of the reasons therefor. |
| (b) |
The Authority may approve an application referred to in paragraph (a) on the conditions and against payment of the fee which it determines. |
[Clause 27(6) inserted by regulation 5 of Notice No. R. 837 of 1991]
| (7) |
Notwithstanding the provisions of subsection (2), the Authority may in the circumstances and on the conditions stipulated by it, approve that the sample referred to in that subsection, not be taken. |
[Clause 27(7) inserted by regulation 3 of Notice No. R. 1375 of 1993]
| (8) |
The provisions of subsection (5)(c)(i), (ii) and (iii) shall not apply to wine that was destined for export in bulk containers. |
[Clause 27(8) inserted by regulation 12(b) of Notice No. R. 834 of 1998]
Contingency Fees Act, 1997
