Liquor Products Amendment Act 32 of 2008


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 521 Cape Town 24 November 2008 No. 31637
THE PRESIDENCY No. 1262 24 November 2008
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 32 of 2008: Liquor Products Amendment Act, 2008.

ACT To a m e n d the Liquor Products Act , 1989, so as to insert definitions and to a m e n d and delete others; to provide for the compos i t ion of the W i n e a n d Spirit Board; to a m e n d the requirements regarding wine; to extend the part iculars required in connect ion with the sale of l iquor products in containers; to e m p o w e r the Minis ter to prohibit the use of geographical n a m e s u n d e r certain c ircumstances; to m a k e other provisions for the es tabl i shment of s chemes ; to curtail the board's power regarding the import and export of l iquor products ; to provide for compl iance with international obl igat ions; and to extend the Minister 's power to make regulations; and to provide for mat ters connected therewith.
BE IT E N A C T E D by the Par l iament of the Republic of South Africa, as fo l lows:— A m e n d m e n t of section 1 of Act 60 of 1989
1. Section 1 of the Liquor Products Act, 1989 (hereinafter referred to as the principal Act), is hereby a m e n d e d —
(a) by the substitution for the definition of "conta iner" of the fol lowing definition:
"'conta iner ' means a [receptacle] container with a capacity not exceeding [5] five l i t res ;" :
(b) by the substitution for the definition of " d e p a r t m e n t " of the following definition:
'"•department' means the Depar tment of [Agricultural Economics and Marke t ing ] Agr i cu l tu re : " :
(c) by the substitution for the definition of " g r a p e s " of the fol lowing definition: " ' g r a p e s ' means fruit of plants of Vitis [vinifera];'"; and
(d) by the insertion after the definition of " import certif icate" of the following definition:
"' internat ional obl igat ions ' includes the Trade-Related Intellectual Property Rights or the Wine and Spirit A g r e e m e n t ; " .
Act No. 32, 2008 LIQUOR PRODUCTS AMENDMENT ACT. 2008
A m e n d m e n t of section 2 of Act 60 of 1989, as a m e n d e d by section 1 of Act 11 of 1993
2. Section 2 of the principal Act is hereby a m e n d e d — (a) by the substitution for subsection (2) of the following subsection:
" (2) (a) The board consists of— (i) at least eight persons with the relevant knowledge , skills or
expertise in viticulture, oenology, distilling, regulatory env i ronment of the liquor industry, l iquor production, food safety or microbiology;
(ii) three officers of the Depar tment nominated by the Depar tment ; (iii) one person nominated by the Agricultural Research Counci l ; and (iv) one person designated by the Minister.
(b) The Minister shall appoint the members of the board contempla ted in paragraph (a)(i) subject to paragraph (d). and shall designate one of the members of the board as chairperson.
(c) The Minis ter shall notify Par l iament in writing of the appointment of the members of the board within 30 days after such an appointment .
(d) The process for the appointment of the member s of the board shall be as follows: (i) The Minister shall, by notice in the Gazette and in any national
newspaper circulating in every province of the Republ ic , invite persons, s takeholders and the industry to submit to the Minister, within a period ment ioned in the notice, the names of persons w h o comply with the criteria referred to in paragraph (a)(i);
(ii) the Minister shall establish a selection commit tee consist ing of at least four persons and designate a chairperson for the commit tee ; and
(iii) the selection commit tee shall, from the nominat ions submit ted to it, compile a short-list of eligible candidates and submit its r ecommen­ dation to the Minis ter for the appointment of members to the board ." ;
(b) by the substitution for subsection (3) of the following subsection: " (3) N o person shall be appointed as a member [or alternate
m e m b e r ] of the board— (a) unless he or she is a South African citizen permanent ly resident in
the Republ ic ; (b) if he or she is an unrehabil i lated insolvent; (c) if he or she has [more than once] been convicted of an offence
under this Act : or (d) if he or she has been convicted of any offence for which he or she
has been sentenced to imprisonment without the option of a fine.'"; (c) by substitution for subsection (4) of the following subsection:
" ( 4 ) ( a ) A member [or an alternate m e m b e r ] of the board shall hold [his] office, subject to [the provis ions of] subsection (5 ) , [— (i) in the case of a n officer, at the Minister 's p leasure; and
(ii) in any other case , for such per iod , but] for a period not exceeding [five years , as the Minis ter m a y determine at the t ime of appo intment of that m e m b e r or alternate m e m b e r ] three years , and such m e m b e r [or al ternate m e m b e r ] shall after the expirat ion of [the said] such period, cont inue in office [for a further per iod , but not exceeding three months , ] until his or her successor has been appointed.
(b) If a member [or an al ternate m e m b e r ] of the board ceases to hold office for any reason, the Minis ter may. subject to [the provis ions of] subsection (2), appoint any person in his or her place for the unexpired period of his or her term of office.
(c) Any person whose term of office as a member [or alternate m e m b e r ] of the board has expired, shall immediate ly thereafter be eligible for reappointment without complying with the process con tem­ plated in subsection (2)(d).
(d) A member of the board may not serve more than two consecut ive t e rms . " ;
Act No. 32, 2008 LIQUOR PRODUCTS AMENDMENT ACT. 2008
(d) by the substitution for subsection (5) of the following subsection: " (5) (a) A member [or an alternate m e m b e r ] of the board shall
vacate [his] office if he or s h e — (i) [if he becomes subject to any disability ment ioned in] becomes
disqualified in terms of subsection (3); (ii) [if he] becomes of unsound mind;
(iii) [if, in the case of a member , he] has been absent from more than two consecutive meet ings of the board without the leave of the [chairman] chairperson
[(iv) if, in the case of a m e m b e r or an al ternate m e m b e r nominated by a body specified in subsect ion (2)(a)(i) , (ii) or (iv), the body concerned notifies the Director-General in writ ing that such m e m b e r or alternate m e m b e r shall no longer serve on the board as nominee of that body] .
(b) [The] Subject to the Promot ion of Adminis t ra t ive Justice Act , 2000 (Act No . 3 of 2000), the Minister may at any t ime remove a member [or an alternate m e m b e r ] of the board from [his] office if in the opinion of the Minister, sound reasons exist for doing s o . " ;
(e) by the substitution for subsection (6) of the fol lowing subsection: "(6) [(a) The m e m b e r referred to in subsect ion (2)(a)(v) shall be
the cha irman of the board.] (b) The members of the board shall at the first meeting of the board,
and thereafter whenever necessary, elect a [v ice-chairman] deputy chairperson from [among the m e m b e r s referred to in subsect ion (2) (a)(i), (ii), (iii) and (iv)] amongst themselves .
(c) If both the [chairman] chairperson and the [v ice-chairman] deputy chairperson are absent from a meet ing of the board, the members present shall from [among their n u m b e r ] amongst themselves elect a [person] member to preside at [that] such m e e t i n g . " : and
(f) by the substitution for subsection 9 of the following subsection: " (9) [There may be paid to a m e m b e r and an alternate m e m b e r of
the board and] A member of the board and a member of a commit tee referred to in subsection (8) who are not in the full-time employment of the State, shall be paid from the funds of the board such a l lowances as the Minister may. with the concurrence of the Minis ter of F inance , de termine in general or in any particular ca se . " .
A m e n d m e n t of section 4 of Act 60 of 1989
3 . Section 4 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
" (1) N o person shall sell or produce for sale any product— (a) with an alcohol content of more than one per cent for drinking purposes [,] ^
or (b) including but not limited to a powder form, which, combined with any
substance or liquid, will have an alcohol content of more than one per cent and is intended for drinking purposes,
unless that product is a l iquor product . " .
A m e n d m e n t of section 5 of Act 60 of 1989
4. Section 5 of the principal Act is hereby amended by the substitution for subsect ion (1) of the following subsection:
"(1) Wine shall be p roduced— (a) [be produced from fresh] from grapes of a prescribed cult ivar [that are in
such a condit ion that, after having been pressed, alcoholic fermentat ion can occur in the undi luted ju ice thereof];
(b) [be produced] b y — (i) the alcoholic fermentation, in accordance with generally accepted cellar
practices, of the juice of [such fresh] grapes contemplated in paragraph (a) or the reconstituted juice obtained from a concentra te of the juice of such grapes or of a mixture of such juice and such reconsti tuted juice;
Act No. 32, 2008 LIQUOR PRODUCTS AMENDMENT ACT. 2008
(ii) comple t ing or terminat ing such alcoholic fermentation; or (iii) the addition of a prescribed spirit derived from grapes[ , ] to [the] j u ice of
such [fresh] grapes or such fermented juice; and (c) [be produced] in such a manner that it compl ies with the prescribed
requi rements for wine or a particular prescribed class thereof.".
A m e n d m e n t of section 11 of Act 60 of 1989
5. Section 11 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
" (1 ) N o person shall sell any liquor product in a container, unless the prescribed particulars of such liquor product are indicated in the prescribed manner on the label [thereof] of such container and on the package of such conta iner . " .
Insertion of sect ion 13A in Act 6 0 of 1989
6. The fol lowing section is hereby inserted in the principal Act before section 14:
"Restr ict ion on use of geographical names
13A. (1) The Minis ter may, taking into account the Republ ic ' s international obligat ions or agreements with other countr ies , by notice in the Gazette restrict the use of specified geographical names in connect ion with the sale or export of a specified liquor product , on such condi t ions as may be specified in such notice.
(2) A notice issued in terms of subsection (1) shall also apply where the geographical name conce rned— (a) is used in conjunction with an indication of the true origin of the l iquor
product ; (b) is translated; or (c) is accompanied by an expression such as ' k ind ' , ' t y p e ' , ' s ty le ' .
' imi ta t ion ' or any similar express ion . " .
A m e n d m e n t of section 14 of Act 60 of 1989
7. Section 14 of the principal Act is hereby amended by the substi tution for subsection (1) of the following subsection:
" (1 ) The Minister may, on the recommenda t ion of the board, by notice in the Gazette1 establish a scheme in respect of [wine, brandy referred to in section 9(l)(a) or (b) of the W i n e and Spirit Control Act , 1970 (Act N o . 47 of 1970), or a grape-based l iquor] a l iquor product derived from grapes , with a view to further regulat ing particular matters relating to the product ion and sale of such liquor products , including the granting of [authorizat ions] authorisat ions for the use of particulars referred to in section 1 l(3)(a) and (4) in connect ion with the sale of the said liquor p roduc t s . " .
A m e n d m e n t of section 16 of Act 60 of 1989
8. Section 16 of the principal Act is hereby a m e n d e d — (a) by the substitution in subsection (3) for paragraph (a) of the following
paragraph: "(a) Subject to [the provis ions of] paragraph (b) and the international
obl igat ions of the Republ ic , an import certificate shall be issued only if— (i) the product concerned is wine, an alcoholic fruit beverage , a spirit,
a grape-based l iquor or a spiri t-based liquor; and (ii) in the case of a product imported in the containers in which it is to
be sold in the Republ ic , the [ labels] part iculars on those containers and on the package of such containers comply with the applicable requirements of this A c t . " ;
(b) by the deletion in subsection (3)(b) of subparagraph (iv); and
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(c) by the substitution in subsection (4) for paragraph (a) of the following paragraph:
"(a) An import certificate shall be issued on the condi t ions de te rmined by the adminis ter ing officer [or, in the case of a product referred to in subsect ion (3)(b), the board] ." .
A m e n d m e n t of section 17 of Act 60 of 1989
9. Section 17 of the principal Act is hereby amended by the substitution in subsect ion (3) for paragraph (b) of the following paragraph:
"(b) in the case of a liquor product derived from grapes and when required by regulation, the board has in the prescribed manner found the product concerned to be suitable for expor t . " .
A m e n d m e n t of section 23 of Act 60 of 1989, as a m e n d e d by sect ion 4 of Act 11 of 1993
10. Section 23 of the principal Act is hereby amended by the substi tution for subsection (2) of the following subsection:
" (2 ) Any person who is convicted of an offence under this Act sha l l— (a) on a first convict ion of an offence referred to in paragraph (a), (c). (d), (e), (f)
or (g) of subsect ion (1), be liable to a line [not exceeding R 8 000] or to imprisonment for a period not [exceeding] less than two years or to both [that] a line and [that] such impr isonment ;
(b) on a second or subsequent convict ion of an offence ment ioned in paragraph (a), whether it be the same offence or some other offence ment ioned in that paragraph, be liable to a fine [not exceeding R 1 6 000] or to impr i sonment for a period not [exceeding] less than four years or to both [that] a fine and [ that] such impr isonment ;
(c) on a first convict ion of an offence referred to in paragraph (b), (h). (i), (j), or (k) of subsection (1), be liable to a fine [not exceeding R 2 000] or to imprisonment for a period not [exceeding] less than six months or to both [that] a fine and [that] such impr isonment ; and
(d) on a second or subsequent convict ion of an offence ment ioned in paragraph (c). whether it be the same offence or some other offence ment ioned in that paragraph, be liable to a fine [not exceeding R4 000] or to impr isonment for a period not [exceeding] less than one year or to both [ that] a fine and [ that] such impr i sonment . " .
A m e n d m e n t of section 27 of Act 60 of 1989
11. Section 27 of the principal Act is hereby amended by the addition of the following paragraphs:
"(m) the quantity and mark ing of tanks, casks and other receptacles used in the production and storage of l iquor products ;
(n) the c i rcumstances and condi t ions under which the adminis ter ing officer or the board, as the case may be , may allow for a relaxation of a requirement in terms of a regulation or a s c h e m e , " .
Transitional provis ion
12. Any member of the board in office immediate ly prior to the commencemen t of this Act, shall remain in office until the appointment of the members of the board in terms of the Liquor Products Act . 1989 (Act No . 60 of 1989), as amended by this Act .
Short title and c o m m e n c e m e n t
13. This Act is called the Liquor Products A m e n d m e n t Act , 2008 , and comes to operation on a date fixed by the President by proclamat ion in the Gazette.