| (1) |
No person shall affix a label to a container of wine intended for certification unless the Authority has approved such label for use in connection with the wine concerned. |
| (2) |
An application for an approval referred to in subsection (1) shall— |
| (a) |
be made on a form obtainable from the Authority for this purpose; and |
| (b) |
be accompanied by five specimens of each of the labels to be affixed to the containers of the wine concerned. |
| (3) |
Such application shall be approved only if the Authority is of the opinion that— |
| (a) |
the applicable particulars required by the Act are indicated on the labels concerned in the manner required by the Act; |
| (b) |
the applicable particulars referred to in section 24 of this Scheme are indicated on the labels concerned in the manner required in that section; and |
| (c) |
any other word, expression, illustration or depiction on the labels concerned complies with the requirements set out in subsection (4). |
| (3A) |
Notwithstanding the provisions of subsection (3)— |
| (a) |
the Authority may, in the case of a label on a container of wine destined for export which fails to meet the requirements referred to in that subsection, on the conditions it deems fit, approve an application in respect of such a label; and |
| (b) |
[Clause 23(3A)(b) deleted by regulation 5(a) of Notice No. R. 554 of 2009] |
[Clause 23(3A) substituted by regulation 6(a) of Notice No. R. 324 of 1999]
| (4) |
A word, expression, illustration or depiction referred to in subsection (3)(c) shall comply with the following requirements: |
| (a) |
It may not qualify the certification of the wine concerned or be in conflict with such certification. |
| (b) |
It may not be derogatory, inaccurate, untrue or vague with regard, to the certification of the wine concerned or of wine in general. |
| (c) |
It may, in the case of a wine of origin of a particular geographical unit, region, district or ward, not be the name of any other geographical unit, region, district or ward or consist partially thereof unless it has been approved by the Authority on the conditions which it deems fit. |
[Clause 23(4)(c) substituted by regulation 5(b) of Notice No. R.554 of 2009]
| (cA) |
[Clause 23(4)(cA) deleted by regulation 2 of Notice No. R. 1039 of 1997] |
| (cB) |
[Clause 23(4)(cB) deleted by regulation 22(b) of Notice No. R. 835 of 2005] |
| (d) |
It may, in the case of the deformation of the name of an area of production, consist only of the by addition of the suffixes "-er" or "-se" to that name. |
| (e) |
In the case of a wine, not indicated as a cultivar wine, it may indicate the cultivars from which that wine was blended: Provided that— |
| (i) |
each of the wines in the relevant blend has been produced in terms of a separate authorization: Provided that the Authority may approve a deviation from this requirement on condition that this shall not influence the method of indication intended in subparagraph (iii); |
| (ii) |
permission to blend the relevant wines has been obtained in terms of section 20 of this Scheme; and |
| (iii) |
under the conditions stated in column 1 of Table 5, the relevant cultivars are indicated in the way determined in column 2 of the said Table. |
[Clause 23(4)(e) substituted by regulation 4 of Notice No. R. 1875 of 1995]
| (eA) |
It may, in the case of a wine not indicated as a cultivar wine and produced by the combining of grapes of different cultivars as referred to in section 15(2)(b) of this Scheme, indicate the designation of those different vine cultivars if a blending and bottling sheet has been issued in respect of the wine in terms of section 16(1)(d)(ii) of this Scheme: Provided that the provisions of paragraph (e)(iii) shall apply mutatis mutandis to the indication of the designations of those different vine cultivars. |
[Clause 23(4)(eA) inserted by regulation 9 of Notice No. R. 834 of 1998]
| (f) |
It may, in the case of a cultivar wine produced solely from grapes of the vine cultivar concerned, indicate this fact on the back labels of the containers of that wine. |
| (fA) |
It may, in the case of a cultivar wine, not indicate that that wine consists of a blend of wines which were produced from grapes of different vine cultivars. |
[Clause 23(4)(fA) inserted by regulation 2 of Notice No. R. 1021 of 1994]
| (g) |
It may, in the case of a wine blended solely from different single vineyard wines, indicate this fact on the labels of the containers of that wine. |
[Clause 23(4)(g) inserted by regulation 17 of Notice No. R. 813 of 2006)
| (h) |
It may, in cases other than those referred to in paragraphs (e) and (f), indicate the designation of a vine cultivar on a label if such indication has been approved by the Authority on the conditions which it deems fit. |
[Clause 23(4)(h) substituted by regulation 5(c) of Notice No. R. 554 of 2009]
| (i) |
It may, in the case of a wine produced in a cellar on a unit registered for the production of estate wine, use the word "estate" or "landgoed" if, in the opinion of the Authority, it is clearly only used as part of the email or web address of that unit registered for the production of estate wine. |
[Clause 23(4)(i) inserted by regulation 3 of Notice No. R. 526 of 2012]
| (j) |
It may, if the particulars required in terms of regulation 24(2) have been indicated once as set out in regulation 24(6), be the name of the geographical unit, region, district or ward concerned, with or without the expression "wine of origin" or "wyn van oorsprong" or the abbreviation "W.O." |
[Section 23(4)(j) inserted by section 4 of Wine of Origin Scheme: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (5) |
The Authority may refuse an application for the approval of a label on the ground that it is of the opinion that any particulars on that label are indicated in such a manner that it constitutes a contravention of section 12 of the Act. |
| (6) |
[Clause 23(6) deleted by regulation 3(b) of Notice No. R. 2594 of 1992] |
Statistics Act, 1999
