| (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. |
| (d) |
in connection with the sale of wine indicate that such wine is free of sulphites, unless— |
| (i) |
that wine does not contain any discernible sulphites; or |
| (ii) |
if that wine contains sulphites in a concentration of less than 10 milligram per litre (measured by aspiration with titration as total sulphur dioxide), such indication of being sulphites free is used in direct conjunction with wording to the effect that the wine contains less than 10 milligram per litre of sulphites. |
[Regulation 39(1)(d) inserted by regulation 8 of Notice No. R. 736, GG44988, dated 13 August 2021]
| (e) |
in connection with the sale of wine indicate that such wine has no added sulphites or is low or lower in sulphites, unless that wine contains sulphites in a concentration of less than 10 milligram per litre, measured by aspiration with titration as total sulphur dioxide. |
[Regulation 39(1)(e) inserted by regulation 8 of Notice No. R. 736, GG44988, dated 13 August 2021]
| (f) |
in connection with the sale of wine indicate that such wine is free of gluten unless such indication is in the form of "naturally gluten free". |
[Regulation 39(1)(f) inserted by regulation 8 of Notice No. R. 736, GG44988, dated 13 August 2021]
| (g) |
in connection with the sale of wine indicate that such wine is— |
| (i) |
lower in alcohol, light, lite or the like, unless that wine has an actual alcohol content of no more than 10 per cent; and |
| (ii) |
low or very low in alcohol, extra light, ultra light, extra lite, ultra lite or the like, unless that wine has an actual alcohol content of no more than 4.5 per cent: Provided that the Authority or the administering officer, as the case may be, may until 31 December 2025 allow wine not complying with this provision. |
[Regulation 39(1)(g) substituted by section 13 of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (h) |
in connection with the sale of wine indicate that such wine is lower in kilojoules, lower in kilojoules or the like, unless that wine has a total (potential plus actual) alcohol content of no more than 10 per cent. |
[Regulation 39(1)(h) inserted by regulation 8 of Notice No. R. 736, GG44988, dated 13 August 2021]
| (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 conveyor create a false or misleading impression with regard to the liquor product concerned. |
[Regulation 39(2) substituted by regulation 7 of Notice No. R. 3152 of 1992]
| (3) |
The provisions of section 11(3)(a)(iii) of the Act shall not be applicable on the usage of the expression "Vin Fume" 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). |
[Regulation 39(3) substituted by regulation 4(b) of Notice No. R. 2350 of 1993]
| (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 Cooperatives 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. |
[Regulation 39(4) inserted by regulation 4(a) of Notice No. R. 2350 of 1993]
| (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 "koöp", "ko-op", "co-op", "wynkelder", "wine cellar", "wynmakery", "wijnmakery", "winery", "kelder" or "cellar" or other expression or expressions approved by the Authority, that– |
[Words preceding regulation (39)(5)(a) substituted by regulation (9) of Notice No. 5 of 2018, GG 41370 dated 5 January 2018]
| (a) |
is indicated immediately below or next to the rest of the name or shortened name of such cooperative 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.
[Regulation 39(5) substituted by regulation 9 of Notice No. R. 343 of 2003]
| (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 161 A of the Cooperatives 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. |
[Regulation 39(6) inserted by regulation 5 of Notice No. R. 70 of 1999]
| (7) |
In the event of two or more co-operative societies that amalgamate whereafter the amalgamated cooperative 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. |
[Regulation 39(7) inserted by regulation 5 of Notice No. R. 70 of 1999]
South African Weather Service Act, 2001
