On Amendments To The Law Of Ukraine "on Grapes And Grape Wine"

Original Language Title: Про внесення змін до Закону України "Про виноград та виноградне вино"

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/3427-15

                                                          
With a k o n u r as th h s on amendments to the law of Ukraine "on grapes and grape wine" (Supreme Council of Ukraine (BD), 2006, N 26, art. 214), the Verkhovna Rada of Ukraine n o s t a n o in l I have: I. To the law of Ukraine "on grapes and grape wine" (2662-15) (Supreme Council of Ukraine, 2005, N 31,. 419; 2006, N 9-11, art. 96) are as follows: {Technical error corrected in accordance with BD, N 32, pp. 1196} 1. In article 1:1) items 2-4, 6-8, 11, 12, 14, 20, 23, 24, 26, 29, put in the following wording: "2) viticulture-a set of organizational and technological methods of breeding, cultivation and harvesting of grapes;
3) wine-a set of organizational and technological methods of manufacture of the wine products;
4) vineyards-industrial plantations of grapes for wine-making in the area of more than 0.5 hectare;
"6) table grape varieties-varieties of grapes are grown for consumption in a fresh kind;
7) technical grape varieties-varieties of grapes intended for the production of wine products;
8) hybrid-grapes, obtained as a result of breeding after crossing European varieties with other types of vines of the genus Vitis;
"11) musts-fresh juice, receiving at the podrìbnennì and the pressing of grapes or pomace, intended for the production of wine, fermentation which is carried out at the place of processing of the grapes;
12) wine-alcoholic beverage produced from grapes, the strength of which is acquired as a result of alcohol fermentation rozdušenih berries or svìžovìdžatogo juice, and in the case of manufacture of wines fortified-increased by adding ethyl alcohol.
The durability of the wines can range from 9 to 20 percent of the volume.
Organoleptic quality of wine should match the natural composition of grapes or play features, acquired as a result of blending or special technological processing of wine ";
"14) wine grape products of primary processing of grapes;
15) wine brandy-young natural dry wine, made from grapes of the "white" way in compliance with the technological features and are intended for the production of alcohol;
16) wine sparkling-wine made from grape varieties, as regulated by the "white" way by special technology;
17) wine gazovane-wine, pìnâsta property which is acquired as a result of artificial carbon dioxide saturation of it;
18) wine sparkling-wine, pìnâsta property which is acquired as a result of his carbon dioxide saturation of endogenous origin, formed during fermentation wort or secondary fermenting wine in tightly closed receptacles;
19) Champagne of Ukraine-tipažne white sparkling wine made by the saturation of carbon dioxide of endogenous origin during secondary fermentation of sparkling wine with the use of sucrose in the hermetically closed tanks strength not less than 10.5 per cent volume units. In the implementation process of bottled sparkling with the following trirìčnoû exposure sparkling wine is called "the Champagne of Ukraine footwear";
20) wine collection-specially taken vintage wine, which after the end of the stipulated terms of ripening in oak containers Additionally soaked in bottles no less than 3 years in special repositories with well-defined parameters of exposure;
"23) wine vintage-table wine or fortified wine of superior quality characteristic of a certain wine and grape varieties, which passed the natural ripening by technological aging in oak containers not less than 1.5 year since the bookmark on the exposure;
24) wine natural-table wine, produced by the complete or partial digestion fermentation wort sugar, paused with the use of physical or bio.
It does not use third-party additions of any origin, with the exception of substances prohibited in certain doses for the lighting of the wine and its stabilization;
"26) wine krymsovhozvinprom-wine made by a common technology according to state standards and the existing technical conditions, which is sold from 1 January of the year following the harvest of grapes";
"29) a special type of wine-wine, which according to the family name by origin refers to a traditional type and has a special taste acquired as a result of special technological processing wine according to its prototype whose name it bears";
2) the first sentence of paragraph 30, put in the following wording: "30) blend-blend in a specific ratio of different wine, cognac spirits, brandy with the components, set the technological instructions for providing wine, Vermouth, brandy, cognac distinguish Ukraine, ensuring the improvement of its taste and aroma (bouquet), securing the release of homogeneous in its organoleptic and physicochemical parameters of wine, Vermouth, brandy, brandy of Ukraine";
3) item 32 lay in the following wording: "32) falsification of wines, VERMOUTHS, cognacs and brandy Ukraine-umisna with an axe to grind, fake wine, Vermouth, brandy, brandy Ukrainian by origin (place of production) or their components by adding harmless or harmful to human health of substances, as well as the production of wine and brandy of surrogates in the process of production, transportation, storage and sale;
4) add paragraphs 34 to 40 of this content: "34) šaptalìzacìâ-technological acceptance sweetening wort cukromìstkimi components;
35) grape distilâti-strong alcohol alcoholic beverages obtained by distillation of grape wine or grape vičavlenogo digested, etc with the addition of another fruit, fruit or vegetable raw materials, aromatic alcohols, additions of food and vegetable raw materials or without them;
36) wine products-wines of quiet, champagne, sparkling and carbonated, Vermouth, brandy, liqueurs and alcoholic beverages of grape origin;
37) Enterprise primary wine-enterprises that carry out processing of grapes, wine production, wort or juice canned, concentrate grape juice, are engaged in aging wines, as well as the recycling of waste of winemaking;
38) secondary winemaking enterprise-enterprise engaged in bottling wine in crockery in accordance with normative documents;
39) mixed enterprise type-enterprise engaged in the same time primary and secondary winemaking;
40) ethyl-ethyl alcohol, is made of krohmale-cukromìstkoï raw materials or products of processing of grapes by their digestion, separation and cleaning to a specified standard of the content of other substances. "
2. Part of the fifth and sixth article 2 put in the following wording: "the cancellation of the vineyards all forms of property, which are laid down by public funds, is organized and carried out the specifically authorized central body of the Executive power of agriculture required restoration acreage of grape plantings.
Zrìdženìst′ young (up to 5 years) of vineyards, the laying of which and the care which were completely public funds that is caused by the negligent in caring for them, is regarded as bezgospodarne the use of land in connection with the guilty persons can be brought to administrative responsibility. When zrìdženostì over 60 percent of the vineyards are excluded from the State register, Passport on them is cancelled and State funding on the sadìnnâ and caring for vineyards stops. "
3. the first part of article 3 to lay out in the following wording: "for the production of wines, VERMOUTHS, cognacs and brandy Ukraine used technical grape varieties that meet the requirements of State standards and technical specifications. Do not allow the mixing of European grape varieties with varieties of the species Labruska and interspecific hybrids. Table grape varieties can be used for the manufacture of ordinary wines. For the production of wines, VERMOUTHS, cognacs and brandy Ukraine used technical grape varieties, if the content of sugars and other indicators as they meet the requirements for the technical grades of grapes. "
4. The title of section III to lay out in the following wording: "Chapter III PRODUCTION of WINE products (WINE)."
5. in article 4: first part of lay in the following wording: "the production of wine products are subjects of entrepreneurial activity regardless of ownership if they license";
second part of the second to exclude;
part of the third lay in the following wording: "Enterprises engaged in the processing of grape must annually after the end of the season wine, but no later than December 1, specifically authorized central body of the Executive power of the statistics information according to the established him form on volume of grape processing and production of wine in the group range, use and residues of alcohol."
6. in article 5: name and first part of lay in the following wording: "article 5. General requirements for wine, wines and cognacs, conditions of their production
Wines and cognacs in Ukraine are made in accordance with the rules of production and storage of wines, the rules of production and storage of champagne and sparkling wines, the rules of production of brandies in Ukraine, the relevant technical and technological instructions, approved by the specifically authorized central body of the Executive power.
For the production of wines and cognacs of Ukraine apply material and substances permitted for use by the Chief State sanitary doctor of Ukraine. Prior to the approval of the new rules for the production and storage of wines, the rules of production and storage of champagne and sparkling wines, the rules of production of brandies in Ukraine, the relevant technical conditions and technological instructions are appropriate rules, State standards, technical conditions and the technical instructions, which operated in Ukraine till the effective date of this Act come into force;
part of the second to exclude;
part third-seventh lay in the following wording: "production and technological processing of ordinary wine allowed enterprises engaged in the processing of grapes and are located in the area of viticulture.
Businesses that deal with aging and bottling the wine in the bottle, can, if necessary, to conduct doobrobku wines for the technological instructions. Special technical conditions permitted the release of young table wine produced from wine grape varieties of the individual or their mixture and the year of harvest or not later than 3 months after the completion of the process of fermentation.
Wine champagne, sparkling and carbonated can be made in any region of Ukraine for the location of the winery.
Processing of grapes on wine, their exposure and processing, production of wines and brandies in Ukraine, Vermouth, brandy in specially equipped premises (shops), the use of which for other purposes is prohibited. Not allowed manufacturing and packaging in the same building of wines and Vermouth and other flavoured drinks.
Wine, cognac, Vermouth, Ukraine brandy and wines for export produce standards or according to the legislation of the countries-importers to fulfill specific orders ";
part of the tenth and eleventh lay in the following wording: "it is prohibited to extradite a foreign Ukrainian Ukrainian wines, cognacs and mixes (blended) with foreign wines (vinomaterìalami, brandies, kon′âčnimi different).
The specifically authorized central body of the Executive power of agriculture approves the new wine-making products by the companies and organizations and on the basis of the conclusion of the Central tasting Commission of the wine industry. The right to represent the approval of new wines and vintage cognacs of Ukraine is available to businesses and organizations that have their own stable raw material base and the capacity to produce them;
After part of the eleventh supplement three new sections of the following contents: "Checklist for this document, the terms and the procedure of submission, approval and consent establishes Cabinet of Ministers of Ukraine.
Guarantee terms of storage of wines, champagne, sparkling and quiet, brandy, who is set to current standards and regulatory documentation are minimal terms for which the manufacturer is responsible for the discrepancy of indicators of product quality regulatory requirements, and are not terms of suitability of wine production to consumption.
Producers of wine products have the right to establish their own guarantee terms of storage of the individual items of the wines of champagne, sparkling and quiet, cognacs, who exceed the minimum warranty terms set by current standards and regulatory documentation, with the obligatory responsibility for compliance with the quality standard requirements. Own guarantee terms must be made in the developed producer of the technological instructions on the individual names of products that are approved by the specifically authorized central body of the Executive power of the agriculture in the prescribed manner ".
In this regard, part of the dive-šìstnadcâtu considered parts of 15th-dev'âtnadcâtoû;
part of the p'âtnadcâtu put in the following wording: "trading denominations of wines a special type of the generic name is supplemented by the name of the place of production;
parts of sìmnadcâtu and vìsìmnadcâtu lay in the following wording: "in the production of wines not permitted blending vintage and ordinary wine, but in the production of ordinary wines-blending wine with European varieties of grapes from vinomaterìalami with Labruska type of grape varieties and hybrids of the direct producers.
Wine champagne, sparkling and quiet, Vermouth, liqueurs, brandy and Ukraine, in which after the end of the warranty terms of storage does not appear blurred or visible sediment suitable for further storage and implementation ";
part of the dev'âtnadcâtu off.
7. in article 6: parts of the second and third lay in the following wording: "it is not allowed to issue table wines with alcohol content below the 9 percent volume, direction-9.5 and vintage-10 percent of volume.
Concentrated grape juice or canned musts are allowed to use only in the blended table napìvsuhih and napìvsolodkih ordinary wines with a corresponding entry in the certificate of quality ";
part of the fourth exclude;
part of the fifth put in the following wording: "a specially authorized central body of the Executive power of agriculture can provide in unfavorable for ripening grapes years permission to manufacture dry wine strength not more than 9.5 per cent volume by pìdsolodžennâ wort grape concentrate or sugar is not more than 2 g/100 cubic meters. cm. Such wine can only be used for the production of wines of ordinary tablespoons dry nesortovih.
List of necessary documents for this purpose, the timing and procedures of filing, approval and consent establishes Cabinet of Ministers of Ukraine ".
8. Part of the second-fourth article 7, put in the following wording: "the strong Wine made from partially digested wort in which the alcohol of natural fermentation is not less than 4.2 percent volume. Dessert wine sweet and dessert liqueur made from partially digested wort in which the alcohol of natural fermentation is not less than 1.2 per cent volume.
Alcohol in the finished wines grape strong should not exceed 20 percent of the volume, the dessert sweet and dessert can-17 percent of volume.
During the making of wines fortified add concentrate grape juice is allowed only in cases stipulated by the technological instructions. Use spirtovanogo spirtovanogo or wort concentrate grape juice is allowed only for the production of wines of special type ".
9. the second part of article 9 to lay out in the following wording: "for research and production and commercial purposes in some scientific institutions and the wine-making enterprises created collectible Foundation sample wines (enoteki), standard samples of which are national property of Ukraine."
10. in article 10: the name and part of the first-fifth lay in the following wording: "article 10. Wine champagne, sparkling and aerated sparkling wines Production with alcohol content below 10.5 per cent volume, wines, sparkling wines and 10.0 below carbonated below 9.5 percent volume is not allowed.
The pressure of carbon dioxide in bottles of ready products in sparkling wines shall be not less than 350 kPa, carbonated-200 kPa at 20 degrees. C. slabonasičenih production of stamps is allowed to separate carbon dioxide bottled wines from over pressure 150 kPa at 20 degrees. C. Wine for the production of sparkling wines and sparkling is produced from grapes of certain varieties, identified by the technological instructions and technical specifications.
Wine white sparkling šampanìzovanim, made for Champagne manufacturing technology with secondary fermentation in hermetically closed containers of sparkling wine, is given the name "Champagne of Ukraine". Wine white sparkling šampanìzovanim, made by champagne technology with trirìčnoû aging wine in bottles on the yeast is given the name "Ukrainian Champagne classic." The strength of a sparkling šampanìzovanih wines must be not less than 10.5 percent volume.
Sparkling wine and aerated can produced under its own name ";
part of the seventh put in the following wording: "carbonated Wines are made of dry wine, grape juice concentrate pìdsolodžuût′sâ, konservovanim nespirtovanim suslom";
part of the eighth and ninth to exclude;
part of the tenth lay in the following wording: "the external design of the wines" Champagne of Ukraine classic "and" Ukrainian Champagne "is different from the design of other sparkling wines".
11. in article 11: the title and first part of lay in the following wording: "article 11. Alcoholic beverages of grape origin Cognac Ukraine-stiff drinks with characteristic bouquet and taste, made by blending Cognac alcohols obtained by the method of distilling brandy wine a special copper apparatus with frakcìonuvannâm, aged at least 3 years in oak container or stainless steel or enameled tanks from
Oak klepkoû. Cognac may produced under its own name ";
Supplement parts of the third and fourth such content: "Brandy grape-stiff drinks that are made by distillation of grape wine, aged up to 3 years.
For alcoholic beverages that do not meet the requirements established by this Act for the terms "the Cognac of Ukraine" and "champagne" is prohibited in General and their own product names to use the word "Cognac" or "Champagne", their odnokorenevì (sister) and attuned to these words.
12. in article 12: the name lay in the following wording: article 12. Adulteration of wines, VERMOUTHS, brandies in Ukraine and brandy;
in the first paragraph, the word "wine" is deleted;
second paragraph spell out in this Edition: "nereglamentovane use sugar or foods containing sugar, including grape origin, for artificial increase of the content of alcohol in wines, the substitution of the grape varieties or reduction of the period of exposure in the manufacture of wines and vintage brandies in Ukraine";
paragraphs of the fourth, seventh and tenth lay in the following wording: "fake cheap wines, VERMOUTHS, brandies in Ukraine and brandy under best domestic or foreign brands by artificial increasing the simulation by adhering to the color, aroma and flavor, as well as adding food or artificial substances and essences;
"production of surrogates wines, VERMOUTHS, cognacs and brandy to Ukraine by extraction with water, grape marc or raisins;
"labeling that does not meet the requirements of the legislation, the use of other types of misinformation to the buyer at the external design of the wines, VERMOUTHS, cognacs and brandy to Ukraine."
13. Article 13 put in the following wording: article 13. Storage of wines, VERMOUTHS, cognacs and brandy to Ukraine for trade enterprises of the conditions of storage of wines, VERMOUTHS, cognacs and brandy to Ukraine in warehouses and in trading rooms must meet the requirements of the relevant regulations.
Do not allow storage of wines, VERMOUTHS, cognacs and brandy to Ukraine in warehouses and their sale without a proper external design, specify the names of origin, the manufacturer's details.
It is forbidden to realization of wines, VERMOUTHS, cognacs and brandy Ukraine lost appearance.
Supplier of wines, VERMOUTHS, cognacs and brandy to Ukraine is not responsible for the loss of the quality of their products in the distribution network in case of violation of the conditions of its storage or if the end of guarantee retention. "
14. Article 14: part a third lay in the following wording: "the main tasks of the Deržvinìnspekcìï is to control the condition and quality of the composition of the raw materials of winemaking, the observance of technological rules of grape processing, processing of wine materials in order to prevent falsification of wines, VERMOUTHS, cognacs and brandy in Ukraine";
part of the ninth put in the following wording: "cases of falsification of wines, VERMOUTHS, cognacs and brandy to Ukraine can examine in the mass media (press, radio, television) at the request of regulatory agencies for the account of the guilty persons.
15. in article 15: first part of lay in the following wording: "for violation of the requirements of this law for finishing and maintenance of vineyards, which are planted by Government funding, production and falsification of wines, VERMOUTHS, cognacs and brandy Ukrainian officials and citizens who are engaged in business activities in the field of wine growing and winemaking, bear disciplinary, administrative, criminal and civil liability according to the legislation of Ukraine;
in part the second: paragraph six lay in the following wording: "manufacturing and selling counterfeit wines and cognacs, who are recognised as such in accordance with article 12 of this law, a penalty of four to five thousand untaxed minimum incomes;
seventh paragraph deleted;
part of the third-fifth lay in the following wording: "the Adulteration of wine, Vermouth, brandy Ukraine, brandy is grounds for revocation of licenses for the manufacture and trade of this product.
Counterfeited wines, Vermouth, liqueurs, Ukraine, brandy konfìskuût′sâ by decision of the Court and subject to further processing or destroyed in accordance with the procedure approved by the Cabinet of Ministers of Ukraine.
The profit resulting from the sale of adulterated wine, Vermouth, brandy Ukraine and brandy, is removed to the State budget in the judicial bodies of the State tax service by the Deržvinìnspekcìï ".
II. this Act comes into force from the day of its publication.

President of Ukraine v.Yushchenko Kyiv, February 9, 2006 N 3427-IV