LEI No. 10,970, DE November 12, 2004

Amend devices of Law No. 7,678 of November 8, 1988, which it has on the production, circulation and marketing of wine and derivatives of the grape and wine, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

Art. 1º Law No. 7,678 of November 8, 1988 passes vigorously with the following changes:

" Art. 2º .............................................................................

§ 1º The national products of which this article is concerned shall be accompanied by the respective free transit guide, exclaimed by the supervisory body or, by public or private entity, upon delegation.

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" Art. 8º The wines will be classified:

I? as to the class:

a) at table ;

b) lightweight ;

c) fine ;

d) sparkling ;

e) frisker ;

f) gasified ;

g) liqueur ;

h) composed ;

II? as to color:

a) tinto ;

b) rosé, rosé or whitening ;

c) white ;

III? as for the sugar content:

a) nature ;

b) extra-brut;

c) brut ;

d) dry, sec or dry ;

and) half-sweet, half-dry or demi-sec;

f) smooth ; and

g) sweet.

§ 1º The sugar content and the denomination for class will be fixed, for each product, in the regulation of this Act.

§ 2º The drinks set out in this Act, with alcoholic graduation expressed in Gay Lussac Degrees, will have their alcoholic content expressed in percent (%) by volume, to the reason for one for one (v/v) to 20ºC (twenty degrees Célsius). " (NR)

" Art. 9º Table Wine is the wine with an alcoholic strength of 8.6% (eight whole and six tenths per cent) at 14% (fourteen per cent) in volume, and may contain up to a pressure atmosphere at 20ºC (twenty degrees Célsius).

§ 1º Frisante Wine is the wine with an alcoholic content of 7% (seven per cent) at 14% (fourteen per cent) in volume, and a minimum pressure of 1.1 (an integer and one tenth) at 2.0 (two integers) atmospheres at 20ºC (twenty degrees Célsius), natural or gasified.

§ 2º thin wine is the alcoholic content wine of 8.6% (eight whole and six tenths per cent) at 14% (fourteen per cent) in volume, drawn up by appropriate technological processes that ensure the optimization of its characteristics sensorial and exclusively of the Vitis vinifera varieties of the Nobres group, to be defined in regulation.

§ 3º Wine of viniferous table is the wine drawn exclusively with grapes of the Vitis vinifera varieties.

§ 4º American table wine is the wine drawn up with grapes from the group of American grapes and / or hybrids, and may contain wines of Vitis vinifera varieties.

§ 5º In the labels of wines will be permitted the use of internationally used classical expressions, provided for in the regulation of this Act, as well as allusions to specific peculiarities of the product or its elaboration.

§ 6º On the label of fine wine will the simultaneous use of the expression be provided?of table?. " (NR)

" Art. 10. Light wine is the wine with an alcoholic strength of 7% (seven per cent) at 8.5% (eight integers and five tenths per cent) in volume, obtained exclusively from the fermentation of the natural sugars of the grape, produced during the crop in the production zones, veted his elaboration from table wine. " (NR)

" Art. 11. Champagne (Champagne), Espumante or Natural Espumante is the wine whose carbonic anhydride comes exclusively from a second alcoholic fermentation of the wine in bottles (Champenoise / traditional method) or in large containers (method Chaussepied / Charmad), with a minimum pressure of 4 (four) atmospheres at 20ºC (twenty degrees Célsius) and with an alcoholic content of 10% (ten percent) at 13% (thirteen percent) in volume. " (NR)

" Art. 12. Sparkling wine or Moscatel Espumante is the wine whose carbon anhydride comes from fermentation in closed container, mosto or preserved grape must of moscatel grape, with a minimum pressure of 4 (four) atmospheres at 20ºC (twenty degrees Celsius), and with an alcoholic content of 7% (seven per cent) at 10% (ten percent) in volume, and at least 20 (twenty) grams of remaining sugar. " (NR)

" Art. 13. Gasified wine is the wine resulting from the introduction of pure carbon anhydride, by any process, and must present an alcoholic strength of 7% (seven per cent) to 14% (fourteen per cent) in volume, and a minimum pressure of 2.1 (two integers and one tenth) at 3.9 (three integers and nine tenths) atmospheres at 20ºC (twenty degrees Célsius). " (NR)

" Art. 14. Liqueur wine is wine with an alcoholic or acquired content of 14% (fourteen per cent) at 18% (eighteen per cent) in volume, being permitted, in its elaboration, the use of ethyl alcohol of agricultural origin, concentrated must, caramel, mixer simple, sugar and uva caramel. " (NR)

" Art. 15. Compound wine is the drink with an alcoholic content of 14% (fourteen per cent) at 20% (twenty per cent) in volume, drawn up by the addition to macerated or concentrated table wine of bitter or aromatic plants, substances of animal origin or mineral, ethyl alcohol drinkable from agricultural origin, sugar, caramel and simple mixing.

...........................................................................................? (NR)

" Art. 17. The products resulting from the distillation of the wine with an alcoholic content up to 14% (fourteen per cent) in volume, and of their derivatives, can only be drawn up in production areas under specific control of the supervisory organ, by classifying: wine spirits, simple alcoholic distillery of wine, simple alcoholic distillery of bagan, plain alcoholic distillery of boron and bond alcohol.

§ 1º Waiting for wine is the drink with an alcoholic strength of 36% (thirty-six per cent) at 54% (fifty and four per cent) in volume, at 20ºC (twenty degrees Célsius) obtained exclusively from simple wine distillates or by distillation of fermented grape musts.

§ 2º Simple alcoholic strength of wine is the product with an alcoholic content of more than 54% (fifty and four per cent) and less than 95% (ninety and five per cent) in volume, at 20ºC (twenty degrees Célsius), intended for the elaboration of alcoholic beverages and obtained by the simple distillation or by selective partial rectification of musts and / or by-products arising solely from raw materials of bond origin resulting from alcoholic fermentation.

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§ 5º Alcoholic Alcohol is the drinking ethyl alcohol of agricultural origin, with an alcoholic strength exceeding 95% (ninety and five per cent) in volume, at 20ºC (twenty degrees Célsius), which is obtained exclusively by distillation and rectification of wine, of products or by-products derived from the fermentation of the grape.

§ 6º ethyl alcohol drinkable of agricultural origin is the product with a minimum alcoholic strength of 95% (ninety-five per cent) in volume, at 20ºC (twenty degrees Célsius), obtained by the distillation of musts from solely from raw materials of agricultural origin, of sugar or amylaceous nature, resulting from alcoholic fermentation, as also the product of the rectifier of spirits or simple alcoholic distillates. In the denomination of ethyl alcohol of agricultural origin, when made reference to the raw material used, the resulting product will be exclusively of that raw material. " (NR)

" Art. 18. Cognac is the drink with an alcoholic content of 36% (thirty-six per cent) at 54% (fifty and four per cent) in volume, obtained from simple distillates of wine and / or spirits of wine, aged or not. " (NR)

" Art. 19. Brandy or thin cognac is the drink with an alcoholic content of 36% (thirty-six per cent) at 54% (fifty and four per cent) in volume, obtained from simple alcoholic distillate of wine and / or wine awaited, aged in oak tones, or of another wood of similar characteristics, recognized by the competent organ, of maximum capacity of 600 (seishundred) litres, for a period of 6 (six) months.

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" Art. 20. Bagaceira or grappa or grasps is the drink with an alcoholic content of 35% (thirty-five percent) at 54% (fifty and four per cent) in volume, at 20ºC (twenty degrees Célsius), obtained from simple alcoholic distillates of grape bagan, with or with no wine lees, and may be rectified partial or selectively. It is admitted to the cut with drinking ethyl alcohol of the same origin to regulate congender content. " (NR)

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Art. 26. .............................................................................

§ 3º The products referred to in this article will only be released to commercialization in their original container, being vetoed any change in brand and class, and must be wrapped up in vasilhams of up to 5 (five) litres of capacity.

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" Art. 41. For envasive products, it may only have the denomination of a given grape the wine that contains, at the very least, 75% (seventy and five per cent) of that variety, the remainder being varieties of the same species. " (NR)

" Art. 47. In the production areas, it is provided to the winemaker to elaborate, bottle or enlarge wines and derivatives in third party premises by hiring services, by leasing or in any form of lease or assignment, with the producer having to liability for the product, under obligation to make on the label the name of the bottlenecker, or the ensizer. " (NR)

Art. 2º This Act shall enter into force on the date of its publication.

Brasilia, November 12, 2004 ; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Roberto Rodrigues

Luiz Fermando Furlan