| (1) |
Subject to the provisions of subregulation (7), the administering officer shall for the purposes of the consideration of an application referred to in regulation 51, take a sample of the liquor product concerned. |
| (a) |
be taken after the consignment of the liquor product concerned has been made up; |
| (b) |
subject to the provisions of subregulation (3), consist of three separate units of at least 750 ml each of the liquor product concerned; |
| (c) |
in the case of a liquor product intended to be exported in the labelled containers in which it is to be sold in the country to which it is to be exported, consist of at least one such container; |
| (d) |
be taken at random from the consignment concerned; |
| (e) |
be taken thus by the applicant concerned or his agent under the supervision of the administering officer, and be suitably sealed; and |
| (f) |
be identified by affixing labels to the containers of each of the units concerned on which the relevant particulars of the liquor product and applicant concerned are indicated. |
[Regulation 52(2)(f) substituted by regulation 3 of Notice No. R. 2242 of 1994)
(3)
| (a) |
If a liquor product is contained in containers with a capacity of less than 750 ml, a sufficient number of those containers shall be taken to obtain a sample with a total volume of at least 2,25 litres. |
| (b) |
If a liquor product is contained in containers with a capacity of 1,5 litres or more, only two such containers shall be taken as a sample. |
| (4) |
If a liquor product is intended for export in bulk, the applicant concerned shall provide the containers in which the units referred to in subregulation (2)(b) shall be placed. |
| (5) |
The volume or number of containers removed from a consignment of a liquor product during sampling, may be replaced by a corresponding volume or number of containers of the liquor product concerned. |
| (6) |
One unit of each sample shall be analysed by an analyst, and, in the case of wine, a further unit thereof shall be submitted to the Authority for sensorial judgement as contemplated in regulation 53(1)(a)(ii). |
[Regulation 52(6) substituted by regulation 5(a) of Notice No. R. 814 of 2006]
| (7) |
Subject to the provisions of subregulation (8), a sample of a liquor product needs not be taken— |
[Words preceding regulation 52(7)(a) substituted by regulation 3(a) of Notice No. R. 951 of 1999]
| (a) |
in the case of an application for an export certificate made under the circumstances set out in regulation 51(4); |
(b)
| (i) |
in the case of certified sparkling, red or fortified wine in glass containers, where the wine concerned was certified or found to be suitable for export, as the case may be, on the basis of the sensorial judgement by the Authority of a sample of the wine not more than 18 months before the date of lodging of the application concerned; or |
| (ii) |
in the case of other certified wine in sealed containers, where the wine concerned was certified or found to be suitable for export, as the case may be, on the basis of the sensorial judgement by the Authority of a sample of the wine not more than 12 months before the date of lodging of the application concerned; |
| (iii) |
in the case of certified red wine, which has been in glass containers for at least 10 years, and has been sensorially approved by the Authority at least 3 times; |
| (iv) |
in the case of certified white wine, which has been in glass containers for at least 7 years, and has been sensorially approved by the Authority at least 3 times; |
[Regulation 52(7)(b)(iii) and (iv) inserted by section 14 of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (c) |
in the case of spirits and vermouth contained in sealed containers, which come from a bottling lot of the same spirit or vermouth, as the case may be— |
(i) that is also contained in sealed containers;
| (ii) |
of which any part was issued with an export certificate not more than 730 days before the date of lodging of the application concerned; and |
| (iii) |
that is identified to the satisfaction of the administering officer. |
[Regulation 52(7)(c) substituted by regulation 5(b) of Notice No. R. 814 of 2006]
| (d) |
in the case of liquor products contained in sealed containers not covered by the provisions of paragraphs (b) and (c), which come from a bottling lot of the same liquor product— |
| (i) |
that is also contained in sealed containers; |
| (ii) |
of which any part was issued with an export certificate not more than 240 days before the date of lodging of the application concerned; and |
| (iii) |
that is identified to the satisfaction of the administering officer. |
[Regulation 52(7)(d) substituted by regulation 5(c) of Notice No. R. 814 of 2006]
[Regulation 52(7) substituted by regulation 3 of Notice No. R. 1376 of 1993]
| (8) |
Notwithstanding the provisions of subregulation (7)— |
| (a) |
the administering officer— |
| (i) |
for the purposes of the consideration of an application referred to in regulation 51, still require that a sample of the liquor product concerned be taken in accordance with the provisions of this regulations; and |
| (ii) |
for the purposes of an analysis certificate referred to in regulation 51(1A), take a sample of the liquor product concerned. |
[Regulation 52(8)(a) substituted by regulation 3(b) of Notice No. R. 951 of 1999]
| (b) |
the Authority may determine another period in respect of the liquor product concerned if it is of the opinion that such longer or shorter period is justified by the ability of that liquor product to keep. |
[Regulation 52(8) inserted by regulation 3 of Notice No. R. 1376 of 1993]
Public Service Commission Act, 1997
