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Liquor Products Act, 1989 (Act No. 60 of 1989)

15. Provisions of schemes

 

(1) A scheme may—
(a) set out the objects of the scheme;
(b) indicate the liquor product or class of liquor product to which the scheme applies;
(c) indicate the particulars referred to in section 11(3)(a) and (4) of which the use in connection with the sale of a liquor product may be authorized in terms of such scheme;
(d) provide authority for the defining of areas and pieces of land and portions of pieces of land under particular names, for the amendment or withdrawal of such definitions, and for the imposition of conditions applicable to any such definition, withdrawal or amendment;
(e) indicate the requirements to be complied with before an authorization referred to in paragraph (c) may be granted;
(f) contain directives regarding the raw materials to be used in connection with the production of the liquor product or class of liquor product concerned, the place or time of production and the composition thereof;
(g) provide for the applications to be made, the notices to be furnished, the approvals to be obtained and the records to be kept in connection with the processes applied during the production of the liquor product or class of liquor product concerned;
(h) contain directives relating to the addition of substances to, the removal of substances from and the application of processes to the liquor product or class of liquor product concerned, whether before, during or after the production thereof;
(i) indicate the requirements and conditions to be complied with during the production of the liquor product or class of liquor product concerned;
(j) set out the circumstances and conditions under which a person may terminate his participation in such scheme;
(k) provide for the control to which the liquor product or class of liquor product concerned shall be subject before an authorization referred to in paragraph (c) may he granted;
(l) indicate the type of container in which the liquor product or class of liquor product concerned shall or may be contained, as well as the maximum capacity of such containers;
(m) indicate the requirements relating to the labels on and the labelling of such containers, including the approval of labels;
(n) provide that an authorization referred to in paragraph (c), in respect of a particular quantity of the liquor product or class of liquor product concerned may be refused if the Authority is satisfied that—
(i) any other provision of such scheme has not been complied with in respect of such quantity; or
(ii) such quantity does not comply with the quality standards determined by the Authority;
(o) require that a seal or other mark determined by the Authority for this purpose shall, in a manner determined by the Authority, be affixed to or indicated on every container of the liquor product or class of liquor product concerned, or on a specified label on any such container;
(p) determine the fees, levies or charges payable in respect of services rendered or approvals required in terms of such scheme, or authorize the Authority to determine such fees, levies or charges;
(q) determine that the rendering of any service in terms of such scheme may be refused to a person who is indebted to the Authority in any amount in respect of fees, levies or charges referred to in paragraph (p);
(r) determine that any person who refuses or fails to comply with any provision of such scheme or a condition determined thereunder, may be fully or partially excluded by the Authority from further participation in such scheme;
(s) provide generally for any other matter which, subject to the provisions of this Act, in the opinion of the Minister is necessary or expedient in order to further or better achieve the objects of such scheme, the generality of the power conferred by this paragraph not being limited by the preceding paragraphs of this subsection.

 

(2)
(a) The definition of a particular area or piece of land under a particular name in terms of section 22 of the Wine, Other Fermented Beverages and Spirits Act, 1957 (Act No. 25 of 1957), and which is in force immediately prior to the repeal of that section, shall remain in force, and shall, if it is in force immediately prior to the establishment of a scheme for wine, when such a scheme for wine is established, be deemed to be the definition of that area or piece of land by virtue of provision included in such scheme in terms of subsection (1)(d).
(b) Any other act performed in terms of the regulations under the Wine, Other Fermented Beverages and Spirits Act, 1957, with regard to wine and in respect of which an authority referred to in subsection (1)(c) could have been granted if a scheme for wine was established before the act concerned was performed, shall on the repeal of the empowering provision in respect of such regulations remain in force, and shall, when such scheme for wine is established, be deemed to be an act performed in terms of the relevant scheme;