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

1. Definitions

Purchase

In this Act, unless the context otherwise indicates—

"administering officer"

means the administering who has been designated under section 3;

"advertisement"

in relation to a liquor product, means any written, illustrated, visual or other descriptive matter or oral statement, communication, representation or reference which is distributed among members of the public or otherwise brought to their notice, and which is or purports to he intended to promote the sale of a liquor product or to encourage the use thereof or otherwise to draw attention thereto; and "advertise" has a corresponding meaning;

"alcohol content"

in relation to any product, means a percentage of ethyl alcohol per volume of the product;

"alcoholic fruit beverage"

means a product which complies with the requirements referred to in section 6;

"analyst"

means a person or institution designated under section 20 as an analyst;

[Definition substituted by section 1(a) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"Authority"

means the Wine Certification Authority established in terms of section 2;

[Definition inserted by section 1(b) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"beer"

means a product which meets the requirements referred to in section 6A;

"board"

[Definition deleted by section 1(c) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"class designation"

(a)	in relation to wine, an alcoholic fruit beverage, beer, traditional African beer, other fermented beverage, a spirit, a grape-based liquor or a spirit-based liquor, means the prescribed designation or prescribed permissible alternative designation for a class thereof; and

(b)	in relation to any other liquor product in respect of which an import certificate has been issued, means the designation specified in such import certificate;

[Definition substituted by section 1(d) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"container"

[Definition deleted by section 1(e) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"department"

means the Department of Agriculture, Forestry and Fisheries;

[Definition substituted by section 1(f) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"Director-General"

means the Director-General of the department;

"export certificate"

means an export certificate referred to in section 17, or a document which is in term of the said section deemed to be an export certificate;

"grape-based liquor"

means a product which complies with the requirements referred to in section 8;

"grapes"

means fruit of plants of Vitis vinifera;

"import certificate"

means an import certificate referred to in section 16, or a document which is in terms of the said section deemed to be an import certificate;

"label"

in relation to a container, means any printing or writing appearing on the container or attached thereto;

"liquor product"

means—

(a)

wine;

(b)	an alcoholic fruit beverage;

(c)

beer;

(d)	traditional African beer;

(e)	other fermented beverage;

(f)

a spirit;

(g)	a grape-based liquor;

(h)	a spirit-based liquor; and

(i)	any liquor other than a product mentioned in paragraph (a), (b), (c), (d), (e), (f), (g) or (h), in respect of which an import certificate has been issued;

[Definition substituted by section 1(g) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"Minister"

means the Minister of Agriculture, Forestry and Fisheries;

[Definition substituted by section 1(h) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"officer"

means an employee as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);

[Definition substituted by section 1(i) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"other fermented beverage"

means a product which meets the requirements referred to in section 6C;

[Definition inserted by section 1(j) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"prescribed"

means prescribed by regulation;

"regulation"

means a regulation made under section 21;

"scheme"

means a scheme which has been established under section 14;

‘‘sell"

includes agree to sell, or offer, advertise, keep, expose, transmit, send, convey or deliver for sale, or to exchange or to dispose of in any way for any consideration; and "sale" and "sold" have corresponding meanings;

"specially authorized liquor"

[Definition deleted by section 1(k) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"spirit"

means a product which complies with the requirements referred to in section 7;

"spirit-based liquor"

means a product which complies with the requirements referred to in section 9;

‘‘this Act"

includes the regulations;

"traditional African beer"

means a product which meets the requirements referred to in section 6B;

[Definition inserted by section 1(l) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]

"wine"

means a product which complies with the requirements referred to in section 5.