| (1) |
Subject to the provisions of subregulation (2), the class designation of a liquor product as indicated on a label shall— |
| (a) |
subject to the provisions of paragraph (aA), in the case of wine of a class specified in column 1 of Table 2, be the applicable designation specified in that column: Provided that— |
| (i) |
in the case of wine of the class methode ancestrale of which the pressure in the bottle in which it is to be sold is equal to or less than 300 kPa, the class designation "perlé wine" shall be indicated in conjunction with "methode ancestrale", wherever it appears on a label; |
| (ii) |
in the case of wine of the class methode ancestrale of which the pressure in the bottle in which it is to be sold is more than 300 kPa, the class designation “sparkling wine” shall be indicated in conjunction with “methode ancestrale”, wherever it appears on a label; and |
| (iii) |
in the case of a spirit-barrel-aged wine, the word "spirit" in the class designation shall be replaced by the name of the spirit concerned; |
[Regulation 35(1)(a) substituted by section 12(a) of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (aA) |
in the case of rosé wine from white wine aged in wooden casks, previously used to age red wine, the class designation shall be— |
| (i) |
"rosé" with or without "wine" in conjunction with the expression "from red wine casks"; |
| (ii) |
"rosé" with or without "wine" in conjunction with the expression "from white wine aged in red wine casks"; |
| (iii) |
the name of the white wine grape variety concerned or the names of the white wine grape varieties concerned in conjunction with "rosé", with or without "wine", and the expression "from red wine casks"; |
| (iv) |
"rosé" with or without "wine" followed by the word "from" and the name of the white wine grape variety concerned or the names of the white wine grape varieties concerned and the expression "aged in red wine casks"; or |
| (v) |
any one of the class designations set out in subparagraphs (i), (ii), (iii) or (iv) where "red wine" is replaced by the name of the red wine variety concerned, but only if such casks were previously used for red wine of that red wine grape variety only; |
[Regulation 35(1)(aA) inserted by section 12(b) of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (b) |
in the case of an alcoholic fruit beverage of a class specified in column 1 of Table 3, be the applicable designation specified in that column; |
| (c) |
in the case of a spirit of a class specified in the table in regulation 9(1), be the applicable designation specified in that table: Provided that the designation "husk brandy" can be used in the place of the designation "husk spirit" in the case of a husk spirit bottled and labelled before 31 December 2006; |
[Regulation 35(1)(c) substituted by regulation 8 of Notice No. R. 77 of 2006]
| (d) |
in the case of a grape-based liquor of a class specified in column 1 of Table 4, be the applicable designation specified in that column; |
| (e) |
in the case of a spirit-based liquor of a class specified in column 1 of Table 5, be the applicable designation specified in that column: Provided that, in the case of a spirit aperitif— |
| (i) |
the word "spirit" shall be substituted by the name of the spirit concerned; and |
| (ii) |
wherever the name of the spirit concerned is to be used on any label, it be indicated in conjunction with and in letters of the same colour, type and size as the word "aperitif" |
[Regulation 35(1)(e) substituted by section 12(c) of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (f) |
in the case of a specially authorized liquor, be the designation specified in a notice published under section 10 of the Act in respect thereof; and |
| (g) |
in the case of another liquor product in respect of which an import certificate has been issued, be the designation specified in the import certificate concerned. |
(2)
| (a) |
The word “wine” or “wyn”, that forms part of the class designation of wine of a class specified in items 1 to 7, 8, 8(f), 8(g), 18, and 19 of Table 2, may be omitted when the class designation concerned is indicated on a label. |
[Regulation 35(2)(a) substituted by section 12(d) of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
(aA)
| (i) |
If the residual sugar content of a sparkling wine justifies the use of more than one of the class designations specified in items 10a, 10b, 10c, 11, 12 and 13 of Table 2, only one such class designation may be used on the labels of that sparkling wine. |
| (ii) |
Without prejudice to the residual sugar content requirements of the classes of sparkling wine specified in items 10a, 10b, 10c, 11, 12, 13 and 14 of Table 2, the residual sugar content may not differ by more than 3 grams per litre from what appears on a label of such a class of sparkling wine. |
[Regulation 35(2)(aA) substituted by regulation 7 of Notice No. R. 525 of 2012]
| (b) |
The class designation of an unspecified alcoholic fruit beverage shall be indicated on a label by— |
| (i) |
omitting the word "unspecified" or "ongespesifiseerde"; or |
| (ii) |
omitting the word "unspecified" or "ongespesifiseerde" and substituting the word "fruit" or "vrugte" with the name of the kind of fruit that imparts the characteristic flavour to that alcoholic wit beverage. |
| (bA) |
The class designation "grape spirit" can be substituted by the expression "pot still grape spirit" if the grape spirit concerned was distilled in a pot still. |
[Regulation 35(2)(bA) inserted by regulation 8 of Notice No. R. 343 of 2003]
| (c) |
If brandy is flavoured in order to impart to it a pronounced specific flavour, the designation of the flavouring concerned shall be indicated on a label immediately preceding and as part of the class designation concerned. |
| (cA) |
If vodka is flavoured, the word "vodka" shall only be used on any label if it is used in conjunction with and in letters of the same colour, type and size as the name or names of the flavouring or flavourings and the word "flavoured" or, if that is the case, "infused": Provided that— |
| (i) |
the names of such flavourings may be substituted by a collective name for such flavourings; and |
| (ii) |
if vodka is spiced, the name or names of such spice or spices and the word "flavoured" or "infused" may be replaced by the word "spiced". |
[Regulation 35(1)(cA) inserted by section 12(e) of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (cB) |
If 100 % agave is flavoured, the designation "100 % agave" shall only be used on any label if it is used in conjunction with and in letters of the same colour, type and size as the name or names of the flavouring or flavourings and the word "flavoured" or, if that is the case, "infused": Provided that the names of such flavourings may be substituted by a collective name for such flavourings. |
[Regulation 35(1)(cB) inserted by section 12(e) of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (cC) |
If rum is flavoured, the word "rum" shall only be used on any label if it is used in conjunction with and in letters of the same colour, type and size as the name or names of the flavouring or flavourings and the word "flavoured" or, if that is the case, "infused": Provided that— |
| (i) |
the names of such flavourings may be substituted by a collective name for such flavourings; and |
| (ii) |
if rum is spiced, the name or names of such spice or spices and the word "flavoured" or "infused" may be replaced by the word "spiced". |
[Regulation 35(1)(cC) inserted by section 12(e) of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (cD) |
The word "gin" shall not be used on its own anywhere on a label unless it is used as or as part of the full class designation or full permissible alternative class designation concerned and the letters of such full class designation or full permissible alternative class designation are of the same colour, type, and size. |
[Regulation 35(1)(cD) inserted by section 12(e) of Regulations: Amendment under Notice No. R. 2247, GG46681, dated 8 July 2022]
| (d) |
The word "vintage", that forms part of the class designation of vintage brandy, may be omitted from a label, provided it is substituted by an indication, expressed as a number of years, reflecting the period of maturation of the youngest portion of that vintage brandy. |
| (e) |
The class designation of an unspecified spirit shall be indicated on a label by— |
| (i) |
the substitution for the word "unspecified" or "ongespesifiseerde" of the name or description of the fermented vegetable article from which it was distilled; or |
| (ii) |
the substitution for the expression "unspecified spirit" or "ongespesifiseerde spiritus" of the expression "Spirit obtained from", "Spiritus verkry van". "Spirit derived from". "Spiritus afkomstig van", "Spirit distilled from" or "Spiritus gedistilleer van", followed by the name or designation of the fermented vegetable article from which it was distilled. |
| (f) |
The class designation of a mixed spirit shall be indicated on a label by the substitution for the expression "mixed spirit" or "gemengde spiritus" of the expression "A mixture of" or "n Mengsel van", followed by the class designations, in descending order according to volume of absolute alcohol, of the components of that mixed spirit. |
| (g) |
A class designation specified in column 1 of Table 10 may be substituted on a label by anyone of the words or expressions specified in column 2 of the said Table opposite thereto. |
| (h) |
Except if provided otherwise in a prohibition or reservation under section 11(4) of the Act— |
| (i) |
a class designation referred to in paragraph (a) (excluding perlé wine and the expression "sparkling wine" or "vonkelwyn" that forms part of a class designation), (b), (c), (d) or (e) of subregulation (1) may be substituted by any word or expression in English or Afrikaans, provided such word or expression indicates or purports to indicate that the liquor product concerned is of the class of that class designation; and |
[Regulation 35(2)(h)(i) substituted by regulation 2 of Notice No. R. 2350 of 1993]
| (ii) |
the class designation for a class of wine (excluding perlé wine and the expression "sparkling wine" or "vonkelwyn" that forms part of a class designation) may be substituted on a label by any word or expression in a language other than English or Afrikaans, provided such word or expression indicates or purports to indicate that the wine concerned is of the class of that class designation. |
[Regulation 35(2)(h)(ii) substituted by regulation 2 of Notice No. R. 2350 of 1993]
Gas Regulator Levies Act, 2002
