Order No 362 OF 21 OCTOBER 2009  
 Situation:  In force   
Published in the Diário Oficial da União  of 22/10/2009, Section 1, Page 21   
Summary:  Submits for Public Consultation, for a period of 30 (thirty) days from the 
date of publication of this Order, the Dra ft Normative Instruction and its annexes 
approving the identification and quality standards of mixed alcoholic beverages*.  
 Background:  
 
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queries and research;  they are not suitable for use in legal actions.  
MINISTRY OF AGRICULTURE, LIVESTOCK AND SUPPLY  
 ANIMAL HEALTH PROTECTION SECRETARIAT  
ORDER NO 362 OF 21 OCTOBER 2009  
THE SECRETARY FOR LIVESTOCK PROTECTION OF THE MINISTRY OF 
AGRICULTURE, LIVESTOCK AND SUPPLY, in the exerc ise of the powers conferred 
on him by Articles 9 and 42 of Annex I to Decree No 5.351 of 21 January 2005, having 
regard to the provisions of Law No 9.784 of 29 January 1999 and Process No 
21000.008472/2009 -27, hereby resolves as follows:  
Article 1. To subm it for Public Consultation, for a period of 30 (thirty) days from the 
date of publication of this Order, the Draft Normative Instruction and its annexes 
approving the identification and quality standards of mixed alcoholic beverages provided 
in its annexes . 
Sole paragraph.  The Draft Normative Instruction and its annexes are available on the 
Ministry of Agriculture, Livestock and Supply's webpage:  www.agricultura.gov.br , 
legislation link, submenu Portarias em Consulta Pública . 
Article 2. This public consulta tion aims to permit widespread dissemination of the 
proposal for a Normative Instruction and to elicit suggestions from interested bodies or 
persons.   
Article 3.  The suggestions referred to in Article 2, setting out technical grounds, should 
preferably be sent to the following electronic address:  dbeb@agricultura.gov.br  or to the 
following address:  Ministério da Agricultura, Pecuária e Abastecimento - Coordenação - 
Geral de Vinhos e Bebidas - CGVB - Esplanada dos Ministérios - Bloco D - Anexo B - 
Sala 333 - Brasília - DF – CEP 70.043 -900 - Fax 55(61) 3224 8961.  
Article 4. This Order shall enter into force on the date of its publication.  
                                                
* Translator's note:   The WTO ref erence document transates the Portuguese as "alcoholic beverages for 
mixture" although Decree No 6871 of 4 June 2009, in Article 12 I (d) specifies that this is an alcoholic 
beverage obtained by the mixing of simple alcohol distillate, drinking alcohol of agricultural origin 
and an alcoholic beverage, in isolation or combination, with another non -alcoholic beverage, non -
alcoholic ingredient or a mixture of these.  INÁCIO AFONSO KROETZ  
 
ANNEX - DRAFT NORMATIVE INSTRUCTION  ANNEX  
DRAFT NORMATIVE INSTRUCTION No    OF   2009  
THE SECRETARY FO R LIVESTOCK PROTECTION OF THE MINISTRY OF 
AGRICULTURE, LIVESTOCK AND SUPPLY, in the exercise of the powers conferred 
on him by Article 87, sole paragraph, indent II of the Constitution, having regard to Law 
No 8.918 of 14 July 1994, Decree No 6.871 of 4 Ju ne 2009 and Process No 
21000.008472/2009 -27, hereby resolves as follows:  
Article 1. To approve the IDENTIFICATION AND QUALITY STANDARDS OF 
MIXED ALCOHOLIC BEVERAGES laid down in Annexes I to III to this Normative 
Instruction.  
Article 2. To provide that the  following descriptions are forbidden on the labelling of 
mixed alcoholic beverages:  branco, bianco, rosé, tinto, rosado, rosso, suave, seco, demi -
sec, meio -doce  and other specific descriptions for wines and vine and wine products, 
other than in the cases provided for in this Normative Instruction.  
Article 3. A period of 180 (one hundred and eighty) days is hereby laid down for the 
changes laid down by this Normative Instruction.  
Article 4. This Normative Instruction shall enter into force on the date of it s publication.  
Article 5. Order No 880 of 28 November 1975, Order No 110 of 30 April 1980 and Order 
No 114 of 30 April 1981 are hereby repealed as regards the products concerned by this 
Normative Instruction.  
REINHOLD STEPHANES  ANNEX I  
IDENTIFICATION AND QUALITY STANDARD OF MIXED FERMENTED FRUIT 
BEVERAGES  
Article 1. This Annex lays down the identification and quality standards to be met by 
mixed fermented fruit beverages.   
Article 2. This Annex applies to mixed fermented fruit beverages sold throughout 
Brazilian territory.  
Article 3. The description mixed fermented fruit beverages shall be applied to beverages 
with an alcohol content of between four and fourteen per cent by volume at twenty 
degrees Celsius that are obtained by mixing two or more fermented f ruits and fruit juices 
with sugar and additives and prepared by a suitable technological process that guarantees 
that they will retain their presentation and can be kept until they are consumed.  
Sole paragraph.  The description carbonated mixed fermented fr uit beverages shall be 
applied to those beverages defined in this article to which carbon dioxide has been added.  
Article 4. The ingredients used in the production of mixed fruit fermented beverages 
shall be the following:  
I - mandatory ingredients:  
a) two or  more fermented fruit products;  
b) two or more fruit juices;  and 
c) carbon dioxide, for carbonated mixed fruit fermented beverages;  
II - optional ingredient:  sugar.  
Article 5. The chemical composition of mixed fruit fermented beverages must comply 
with the follo wing limits:  
a) an alcohol content ranging from a minimum of four to a maximum of fourteen, 
expressed as a percentage of the alcohol content at twenty degrees Celsius;  
b) The total acidity content, in milliequivalents per litre, must be at least fifty and at 
most one hundred and thirty;  
c) The fixed acidity content, in milliequivalents per litre, must be at least thirty;  
d) The volatile acidity content, in milliequivalents per litre, must be at most twenty;  
e) The reduced dry extract, in milliequivalents per litre, must b e at least seven.  
Article 6. The material of the container, utensil or equipment used in their processing and 
sale may not alter the organoleptic characteristics or composition of mixed fruit 
fermented beverages.  
1.  No substance or ingredient which alters th e natural sensory characteristics of the 
finished product may be added except in the cases provided for in this Annex.  2.  Mixed fermented fruit beverages must present the taste and the aroma of the 
natural elements contained in the raw materials used.  
Articl e 7. Additives, processing aids, containers and other substances must comply with 
the specific legislation.  
Sole paragraph.  Containers and packaging such as vials, sachets, pipettes, sprays, 
ampoules, measuring cups and any others similar to those for phar maceutical, medical or 
therapeutic products may not be used.  
Article 8. Establishments producing mixed fermented fruit beverages must demonstrate 
the hygiene conditions laid down in the health regulations in force.  
1.  Mixed fermented fruit beverages may not contain any toxic substances produced 
by microorganisms in quantities that might make them a human health hazard.  
2.  Mixed fermented fruit beverages may not present microbiological contaminants 
or residues of pesticides or other organic or inorganic contamin ants in quantities 
greater than the limit laid down in specific legislation in force.  
Article 9. Weights and measures shall be as governed by the specific legislation in this 
regard.  
Article 10.  The rules concerning labelling are those laid down by Decree No 6.871/2009 
and by the supplementary legislation.  
Sole paragraph.  The terms artesanal, caseiro, reserva, especial  and other similar 
expressions may not be used to describe, classify or qualify the products provided for in 
this Annex, with the exception o f those laid down by administrative act of the Ministry of 
Agriculture, Livestock and Supply.  
Article 11.  The official methods of sampling and analysis shall be those laid down by 
Decree No 6.871/2009 or subsequent act, by the supplementary legislation and  by the 
administrative acts of the Ministry of Agriculture, Livestock and Supply.  
Article 12.  Beverages must comply with the limit laid down in specific legislation for 
active ingredients obtained from a plant substance used in their manufacture.  
ANNEX II 
IDENTIFICATION AND QUALITY STANDARD FOR LIQUID OR SOLID 
PREPARATIONS FOR  
(NAME OF ALCOHOLIC BEVERAGE FOR MIXTURE)  
Article 1.  This Annex lays down the identification and quality standards to be met by 
liquid or solid preparations for (name of alcoholic b everage for mixture).  
Article 2.  This Annex applies to liquid or solid preparations for (name of alcoholic 
beverage for mixture) sold throughout Brazilian territory.   
Article 3.  Liquid or solid preparations for (name of alcoholic beverage for mixture) are 
juice - or vegetable extract -based products, in isolation or combination, with or without 
their aromas, with the addition of drinking water and, optionally, of additives and sugar.  1.  The beverages  provided for in this article shall be intended for the manuf acture 
of alcoholic beverages for mixture for consumption after they have been diluted 
in an alcoholic beverage, in drinking ethyl alcohol of agricultural origin or in a 
simple alcohol distillate of agricultural origin, as laid down in the respective 
ident ification and quality standards of mixed alcoholic beverages.  
2.  The description liquid or solid preparations for, plus the name of the alcoholic 
beverage for mixture, shall be applied to the beverages defined in this Article and 
prepared by a suitable techn ological process that guarantees that they will retain 
their presentation and can be kept until they are consumed.  
3.  When sugar is added to the products provided for in this Article these must have 
the term 'sweetened' added to their description.  
Article 4.  The ingredients used in the production of liquid or solid preparations for (name 
of alcoholic beverage for mixture) are the following:  
I - mandatory ingredients:  
a) juice or vegetable extracts, in isolation or combination;  and 
b) water, which must meet the stan dards approved by the specific legislation for 
drinking water and be solely intended to standardise the alcohol content of the 
mixed alcoholic beverages to be consumed.  
II - optional ingredients:  additives and sugar.  
Article 5.  The following may not be add ed:  
I –  low-calorie or zero -calorie sweeteners;  
II -  vitamins, mineral salts or other nutrients, with the exception of those provided for 
in this Annex;  
and 
III -  natural or synthetic caffeine.  
Article 6.  The sensory and physical and chemical character istics of liquid or solid 
preparations for (name of alcoholic beverage for mixture) must be consistent with the 
composition of the product and must comply with the limits laid down hereinafter:  
I -  Those containing orange, grape, tangerine, pineapple or a pple juice must have a 
minimum five per cent, by weight, of dried juice of the corresponding fruit;  
II -  Those containing lemon or passion fruit juice must have a minimum two and a -
half  percent, by weight, of dried juice of the corresponding fruit;  
III -  Those containing guarana extract must have a minimum 0.02%, by weight, of 
guarana seed or its equivalent in guarana extract;  and 
IV -  Those containing juices not cited in indents I, II or III of this article must have a 
minimum two per cent, by weight, of juice of the corresponding fruit or 
vegetable;  Article 7.  Liquid or solid preparations for (name of alcoholic beverage for mixture) must 
comply with the following provisions:  
I-  They may not have their sensory characteristics or composition altered by the 
material of the container, utensil or equipment used in their processing and sale. 
and 
II –  They may not have any substance or ingredient added which alters the natural 
sensory characteristics of the finished products except in the cases provided for in 
this Annex.  
Article 8.  Additives, processing aids, containers and other substances must comply with 
the specific legislation.  
Sole paragraph.  Containers and packaging such as vials, sachets, pipettes, sprays, 
ampoules, measuring cups or others typical o f products similar to those for 
pharmaceutical, medical or therapeutic products may not be used.  
Article 9.  The composition of ready -to-use products must comply with the limits set in 
the identification and quality standards of mixed alcoholic beverages, w ith the exception 
of additives, which must comply with the specific legislation of the competent body of 
the Ministry of Health.  
Article 10.  Establishments producing liquid or solid preparations for (name of alcoholic 
beverage for mixture) must demonstrate  the hygiene conditions laid down in the health 
regulations in force.  
1.  Liquid or solid preparations for (name of alcoholic beverage for mixture) may 
not contain any toxic substances produced by microorganisms in quantities that 
might make them a human heal th hazard.  
2.  Liquid or solid preparations for (name of alcoholic beverage for mixture) may 
not contain any microbiological contaminants or residues of pesticides or other 
organic or inorganic contaminants in quantities greater than the limit laid down in 
the specific legislation in force.  
Article 11.  The rules concerning labelling are those laid down by Decree No 6.871/2009 
and by the supplementary legislation.  
Sole paragraph.  The terms artesanal, caseiro, reserva, especial  and other similar 
expressions may not be used to describe, classify or qualify the products provided for in 
this Annex, with the exception of those laid down by administrative act of the Ministry of 
Agriculture, Livestock and Supply.  
Article 12.  The official methods of sampling and analysi s shall be those laid down by 
Decree No 6.871/2009 or  subsequent act, by the supplementary legislation and by the 
administrative acts of the Ministry of Agriculture, Livestock and Supply.  
Article 13.  Beverages must comply with the limit laid down in speci fic legislation for 
active ingredients obtained from a plant substance used in their manufacture. 
ANNEX III  
IDENTIFICATION AND QUALITY STANDARDS OF READY -MADE COCKTAILS  
Article 1.  This Annex lays down the identification and quality standards which ready -
made cocktails must meet.  
Article 2.  This Annex applies to ready -made cocktails sold throughout Brazilian 
territory.  
Article 3.  Ready -made cocktails are beverages with an alcohol content of between 
four and thirty -eight per cent by volume at twenty degrees Celsius.  
Sole paragraph.  The term ready -made cocktail shall be applied to the beverages 
defined in this article, prepared by a suitable technological process that guarantees 
that they will retain their presentation and can be kept until they are consumed.  
Article 4.  The ingredients used in the production of ready -made cocktail s shall be 
the following:  
I - mandatory ingredients:  
a) the alcohol moiety, which must be wine or a grape product and wine with the 
addition of one or more of the following ingredients:  
 1. ethyl alcohol of agricultural origin;  
 2. simple alcohol distillate of agricultural origin;  or 
 3. an alcoholic beverage.  
b) the non -alcoholic moiety, which must be made of a substance of plant or 
animal origin, in isolation or in combination.  
II - option al ingredient:  sugar.  
Sole paragraph.  The wine or grape and wine product must be present in a quantity 
of less than fifty per cent of the final volume of the beverage.  
Article 5.  Ready -made cocktails may not have their sensory characteristics or 
compositio n altered by the material of the container, utensil or equipment used in 
their processing and sale.  
Article 6.  The wine or grape and wine products or alcoholic or non -alcoholic 
beverages used in manufacturing ready -made cocktails must comply with their 
respective identification and quality standards laid down in the legislation in 
force. Article 7.  Additives, processing aids, containers and other substances must 
comply with the specific legislation.  1.  No additives that give ready -made cocktails the sensory characteristics of 
wine or grape and wine products, by means of aroma, colour or taste, may be 
used.  
Containers and packaging such as vials, sachets, pipettes, sprays, ampoules, 
measuring cups and any others similar to those of pharmaceutical, medical or 
therapeutic products may not be used.  
Article 8.  Establishments producing ready -made cocktails must demonstrate the 
hygiene conditions laid down in the health regulations in force.  
1. Ready -made cocktails may not contain any toxic substances produced by 
microo rganisms in quantities that might make them a human health hazard.  
2.  Ready -made cocktails may not contain any microbiological contaminants or 
residues of pesticides or other organic or inorganic contaminants in quantities 
greater than the limit laid down in  the specific legislation in force.  
3. The concentration of methyl alcohol may not be greater than twenty 
milligrams per hundred millilitres of anhydrous alcohol, other than in ready -
made cocktails prepared using simple alcohol distillate, in which case : 
 I – When the alcoholic component of a ready -made cocktail comes solely 
from simple alcohol distillate the concentration of methyl alcohol may not be 
greater than one hundred and thirty milligrams per hundred millilitres of 
anhydrous alcohol or the limit laid down for simple alcohol distillates in 
specific legislation;  
 II - When the alcoholic component of a ready -made cocktail comes from 
simple alcohol distillate in association with another alcoholic beverage, the 
limit shall be established by the following ca lculation:  
1. limit = ?  (li x qi/100), where:  li is equal to the individual methyl alcohol limit 
for each alcoholic component, in milligrams per hundred millilitres of alcoholic 
beverage for mixture, and qi is the quantity of each alcoholic component 
used, ot her than in ready -made cocktails prepared using simple alcohol 
distillate, in milligrams per hundred millilitres of ready -made cocktail;  and 
2. li will have the value complying with the limit laid down in indent I of this 
article for simple alcoholic distilla te and twenty milligrams per hundred 
millilitres of anhydrous alcohol for other drinks.  
Article 9.  Weights and measures shall be in compliance with the specific legislation in 
this regard.  Article 10.  The rules concerning the labelling of ready -made cockt ails are those laid 
down by Decree No 6.871/2009 and by the supplementary legislation, in that:  
I –  their labelling may not make any allusions to wine or grapes, such as:  grape 
stems or bunches, or terms and expressions like:  wine, with wine, suave, 
tinto, branco ; or others specific to wine, or denominations derived from wine 
and grapes, other than the lists of ingredients;  
II –  the denomination or sales designation may not resemble wine as a product.  
Sole paragraph.  The use of the terms artesanal, caseir o, reserva, especial  and other 
similar expressions to describe, classify or qualify the products provided for in this 
Annex shall be banned, with the exception of those laid down by administrative act 
of the Ministry of Agriculture, Livestock and Supply.  
Article 11.  The official methods of sampling and analysis shall be those laid down by 
Decree No 6.871/2009 or subsequent act, by the supplementary legislation and by 
the administrative acts of the Ministry of Agriculture, Livestock and Supply.  
Article 12.  Beverages must observe the limit laid down in specific legislation for 
active ingredients obtained from a plant substance used in their manufacture.  
PUBLISHED IN THE DIÁRIO OFICIAL DA UNIÃO  OF 22/10/2009, SECTION 
1, PAGE 21