I, Angela Thokozile Didiza, Minister of Agriculture hereby publish the Liquor Products Amendment Bill, 2005, for comment by the general public.
To amend the Liquor Products Act, 1989, so as to insert definitions and to amend and delete others; to provide for the reconstitution of the Wine and Spirit Board; to amend the requirements regarding wine; to provide for the requirements regarding other fermented beverages; to repeal the provision in respect of the authorizations regarding certain alcoholic products; to extend the particulars required in connection with the sale of liquor products in containers; to empower the Minister to prohibit the use of geographical names under certain circumstances; to make other provisions for the establishment of schemes; to curtail the board's power regarding the import and export of liquor products; to empower the Minister to designate a person to issue export certificates; to provide for international obligations; to extend the Minister's power to make regulations; to provide gender-equal terminology; and to provide for matters connected therewith.
of Act 60 of 1989 1.
"; and by the deletion of the definition of "specially authorized liquor".
Amendment of section 2 of Act 60 of 1989, as amended by section Iof Act 11 of 1993 2.
the Minister may appoint such persons representative of participants to schemes as he or she may deem fit [in the place of the persons required to be nominated by that body].
in any other case, for [such period, but not exceeding] five years, [as the Minister may determine at the time of appointment of that member or alternate member] and such member or alternate member shall after the expiration of the said period continue in office for a further period, but not exceeding three months, until his or her successor has been appointed.
appoint [any] 3 person designated by the board in accordance with the prescribed directions, in his her place for the unexpired period of his or her term of office.
[concerned notifies the Director-General in writing that such member or alternate member shall no longer serve on the board as nominee of that body] he or she ceases to qualifv as a representative of participants to schemes in terms of the prescribed directions.
"(9) There may be paid to [a member and an alternate member] the chairperson of the board and a member of a committee referred to in subsection (8)who are not in the full-time employment of the State, from the funds of the board such remuneration and allowances as the [Minister] board may [with the concurrence of the Minister of Finance] determine in general or in any particular case."
Amendment of section 4 of Act 60 of 1989 3.
of subsection (2).
Amendment of section 5 of Act 60 of 1989 4.
be produced in such a manner that it complies with the prescribed requirements for wine or a particular prescribed class thereof.
Insertion of section 6A in Act 60 of 1989 5.
other fermented beverages 6A.
not be wine, an alcoholic fruit beverage, a spirit, a grape-yase liquor or a spirit-based liquor.
An other fermented beverage shall not contain a particular prescribed substance to a qreater extent than €hat prescribed.
add to or remove from the prescribed substance referred to in that paragraph.
and so add or remove a substance so prescribed, otherwise than in accordance with the prescribed manner or conditions.
"(1) No person shall sell any liquor product in a container, unless the applicable prescribed particulars are indicated in the prescribed manner on the label thereof, on such container and on the receptacle of such container."
gemagtigde drank", unless it forms part of a class designation for the liquor product concerned;".
Insertion of section 13 in Act 60 of 1989 8.
The Minister may, taking account of the Republic's international obliqations, by notice in the Gazette prohibit the use of specified geoqraphica l names in connection with the sale or export of a specified liquor product on such conditions as may be specified in such notice.
is translated; or is accompanied by an expression such as "kind", "tvpe", "stvle", "imitation" or a similar expression.
Amendment of section 14 of Act 60 of 1989 9.
or (b) of the Wine and Spirit Control Act, 1970 (Act No.
in connection with the sale of the said liquor products.
"(a) An import certificate shall be issued on the conditions determined by the administering officer [or, in the case of a product referred to in subsection (3)(b), the board].".
Amendment of section 17 of Act 60 or 1989 11.
"(b) in the case of a liquor product derived from srapes and when required by regulation, the board has in the prescribed manner found the product concerned to be suitable for export."
of this section, the Minister may, iuristic person, bodv of persons or institution to exercise the powers and carry out the duties referred to in this section.
Amendment of section 23 of Act 60 of 1989, as amended by section 4 of Act 11 of 1993 12.
Substitution of section 26 of Act 60 of 1989 13.
International if the Republic's international obligations so dictate. bv notice in the Gazette declare, on such conditions as may be specified in such notice, any Drovision of this Act not aDDlicable to anv product with an alcohol content of more than one percent imported into the Republic for drinking purposes..
Amendment of section 27 of Act 60 of 1989 14.
General amendment to Act 60 of 1989 15.
wherever they appear in the Act, of the words "he or she", "his or her", "him or her" and "himself or herself' respectively.
Members of the board in office immediately prior to the commencement of the Liquor Products Amendment Act, 2005, shall remain in office until the appointment of members of the board under this Act as amended by the provisions of the Liquor Products Amendment Act, 2005.
This Act shall be called the Liquor Products Amendment Act, 2005, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Different dates may be fixed under subsection (1) in respect of different provisions of this Act.