| (1) |
Subject to the provisions of subsection (2), the provisions of section 11(3)(a)(v) of the Act shall not be construed as restricting the use, in connection with the sale of wine, of the word "vineyard" or "wingerd"— |
| (i) |
a trade mark as defined or recognised in the Trade Marks Act, 1993 (Act No. 194 of 1993); |
| (ii) |
the name of a company as defined in the Companies Act, 1973 (Act No. 61 of 1973); |
| (iii) |
the name of a co-operative society as defined in the Co-operatives Act, 1981 (Act No. 91 of 1981); or |
| (iv) |
the name of a corporation as defined in the Close Corporation Act, 1984 (Act No. 69 of 1984). |
| (b) |
in general descriptive terms; or |
| (c) |
which forms part of the name of a juristic person, which includes the name of an area referred to in section 11(3)(a)(i) of the Act: Provided that— |
| (i) |
the name of that juristic person is indicated in full as registered in terms of the applicable law; |
| (ii) |
the name of that juristic person is thus indicated in letters of the same colour, type and size; and |
| (iii) |
the wine concerned is certified for use and is sold under the name of that area. |
| (2) |
The exemption from the prohibition to use the word "vineyard" or "wingerd" in connection with the sale of wine as referred to in subregulation (1), shall be subject to such use which in the opinion of the administering officer or the Authority, as the case may be, does not— |
| (a) |
constitute a contravention of section 12 of the Act; |
| (b) |
except if allowed in terms of a scheme, convey or create or is likely to convey or create an impression that the wine concerned or the grapes from which it was produced, originates from a specific vineyard or specific vineyards; or |
| (c) |
qualify the certification of the wine concerned or is contrary to such certification. |
| (3) |
Subject to the provisions of subsection (4), the provisions of section 11(2)(d) of the Act or a prohibition or reservation under section 11(4) of the Act shall not be construed as restricting the use, in connection with the sale of wine, of the word "Cape", "Kaap" or "Kaapse"— |
| (i) |
a trade mark as defined or recognised in the Trade Marks Act, 1993 (Act No. 194 of 1993); |
| (ii) |
the name of a company as defined in the Companies Act, 1973 (Act No. 61 of 1973); |
| (iii) |
the name of a co-operative society as defined in the Co-operatives Act, 1981 (Act No. 91 of 1981); or |
| (iv) |
the name of a corporation as defined in the Close Corporation Act, 1984 (Act No. 69 of 1984); or |
| (b) |
in general descriptive terms. |
| (4) |
The exemption from the restriction on the use of the word "Cape", "Kaap" or "Kaapse" in connection with the sale of wine as referred to in subregulation (3), shall be subject to such use which in the opinion of the administering officer or the Authority, as the case may be, does not— |
| (a) |
constitute a contravention of section 12 of the Act; |
| (b) |
convey or create or is likely to convey or create an impression that the wine concerned is of a class specified in items 21 to 26 of Table 2; or |
| (c) |
qualify the certification of the wine concerned or is contrary to such certification. |
| (5) |
The provisions of section 11(2)(e) of the Act shall not be construed as restricting the indication, in connection with the sale of a spirit or a spirit-based liquor, of the alcohol content in degrees proof: Provided that the alcohol content indicated in degrees proof— |
| (a) |
shall be in addition to the alcohol content required in terms of regulation 33(1)(b); |
| (b) |
shall always appear with the alcohol content as required to be indicated in terms of regulation 33(1)(b); |
| (c) |
shall be set off by parentheses or dots or otherwise be distinguished from the alcohol content as required to be indicated in terms of regulation 33(1)(b); and |
| (d) |
may not be more prominent than the alcohol content as required to be indicated in terms of regulation 33(1)(b). |
[Regulation 39A(5) inserted by regulation 10 of Notice No. R. 555 of 2009]
| (6) |
Subject to the provisions of subregulations (3), (4), (5) and (7), the provisions of section 11(2)(d) of the Act shall not be construed as restricting the use, in connection with the sale of wine, of a class designation or any word or expression resembling a class designation, if used in or as part of general descriptive terms. |
[Regulation 39A(6) inserted by regulation 3 of Notice No. R. 629 of 2015)
| (7) |
The exemption from the restriction on the use of a class designation in connection with the sale of wine as referred to in subregulation (6), shall be subject to such use which in the opinion of the administering officer or the Authority, as the case may be, does not— |
| (a) |
constitute a contravention of section 12 of the Act; |
| (b) |
convey or create or is likely to convey or create an impression that the wine concerned is of a class specified in Table 2; or |
| (c) |
qualify the certification of the wine concerned or is contrary to such certification. |
[Regulation 39A(7) inserted by regulation 3 of Notice No. R. 629 of 2015]
[Regulation 39A substituted by regulation 3 of Notice No. R. 814 of 2006]
Statistics Act, 1999
