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

27. Regulations

 

(1) The Minister may make regulations regarding—
(a) any matter which in terms of this Act is required or permitted to be prescribed;
(b) control of the receipt, keeping and use of particular substances which are or may be used, or shall not be used, in connection with the production of liquor products, at premises where the liquor products are produced;
(c) the designation of a person charged with the application of this Act, and regarding different such designations in relation to different provisions of this Act;
(d) processes which shall or may be applied in the production of liquor products;
(e) requirements for raw materials that may be used in or in connection with the production of a liquor product, and control which is to be exercised over such raw materials;
(f) methods and procedures in connection with the taking of samples;
(g) the registration of particulars in respect of persons for the purposes of section 11(1);
(h) the procedure at proceedings of an appeal Authority referred to in section 22;
(i) prohibited practices in connection with the indication of particulars on containers in which liquor products are sold, and in connection with the use of certain particulars in connection with the sale of liquor products;
(j) the keeping of records and the furnishing of returns in connection with the production and sale of liquor products;
(k) the fees payable in respect of anything done under this Act, or which is required to be so done;
(l) the permissible tolerances with regard to prescribed requirements, specifications or other directions,
(m) the calibration, gauging and marking of tanks, casks and other receptacles used in the production and storage of liquor products;
(o) the compulsory registration of persons as producers, blenders or fillers of liquor products;
(p) standards for and the type of container and packaging in which a liquor product or class of liquor product shall or may be contained or sold, as well as the minimum or maximum capacity of such a container,

and, generally, with regard to any matter which he considers it necessary or expedient to prescribe in order to achieve or to promote the objects of this Act, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection.

[Section 27(1)(m) substituted by section 16(a) as well as (o) and (p) inserted by section 16(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]

 

(2) Different regulations which differ in the respects deemed expedient by the Minister, may, subject to the provisions of this Act, be made under this section, in relation to different areas in the Republic or of different liquor products or classes thereof.

 

(3) A regulation may for any contravention thereof or failure to comply therewith, prescribe a penalty of a fine or imprisonment for a period of 12 months or both that fine and that imprisonment.

[Section 27(3) substituted by section 16(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]

 

(4) A regulation prescribing fees shall be made with the concurrence of the Minister of Finance.

 

(5) The Minister must table regulations made in terms of this Act to Parliament for consideration.

[Section 27(5) inserted by section 16(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]