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Wine Regulations 2006 (reprint as at 1 July 2010), New Zealand

Back Latest Version in WIPO Lex
Details Details Year of Version 2010 Dates Entry into force: July 1, 2006 Adopted: June 12, 2006 Type of Text Implementing Rules/Regulations Subject Matter Trademarks, Geographical Indications, Enforcement of IP and Related Laws

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Main text(s) Main text(s) English Wine Regulations 2006 (reprint as at 1 July 2010)        

Reprint as at 1 July 2010

Wine Regulations 2006

(SR 2006/147)

Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 12th day of June 2006

Present: Her Excellency the Administrator of the Government in Council

Pursuant to sections 119, 129(2), and 130(4) of the Wine Act 2003, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.

These regulationsare administered by the New Zealand Food Safety Authority.

Reprinted as atWine Regulations 2006 1 July 2010

Contents

Page 1 Title 3 2 Commencement 3 3 Interpretation 3

Application, exemptions, and extension of transitional period

4 Application of labelling requirements 3 5 Exemptionforwinelabellingbusinessesfromrequirement 3 to have wine standards management plan 5A Exemption for very small winemakers from requirement 4 to have wine standards management plan 6 Extension of transitional period for wine standards 4 management plans

Standards and requirements

7 Countryoforiginlabellingandidentificationrequirements 4 8 Grape wine not to be associated with false or misleading 5 labelling 9 Export requirements 5 10 Wine and wine products to be free of hazards 5 11 Suitability of inputs and processing and transport of 6 inputs, wine, and wine products 12 Packaging requirements 7 13 Record and return requirements 7 14 Recognised agencies and persons 7

Fees and charges

15 Fees and charges 8 16GST 8 17 Exemptions and waivers 8

Offences

18 Offences 8

Revocations

19 Saved export provisions revoked 9

Schedule 10 Fees and charges

Reprinted as at1 July 2010 Wine Regulations 2006 r5

Regulations

1 Title
These regulations are the Wine Regulations 2006.
2 Commencement
These regulations come into force on 1 July 2006.
3 Interpretation
In these regulations, unless the context otherwise requires,—
Act means the Wine Act 2003
vintage, inrelationtowine,meanstheyearinwhichthecom
modities used to make the wine were harvested.
Application, exemptions, and extension oftransitional period
4 Application of labelling requirements
(1) Regulations 7 and 8 do not apply to the 2006 vintage or any
earlier vintage, except as provided in this regulation.
(2) Forthepurposesofsubclause(1),awinethatisablendofboth
the 2006 vintage (or any earlier vintage) and a later vintage
is to be treated as if it were the later vintage only, except as
provided in subclause (3).
(3) Regulations 7 and 8 do not apply to a blended wine if the
wine—
(a) contains more than 50% of the 2006 or an earlier vin
tage; and
(b) is blended before 1 July 2008.
(4) Toavoiddoubt,regulation20oftheFood(Safety)Regulations
2002 continues to apply to wine to which regulations 7 and 8
do not apply.
5 Exemptionforwinelabellingbusinessesfromrequirement
to have wine standards management plan
Awinebusinessthatissolelyengagedinthelabellingofwine
thathasalreadybeenbottledorpackedforfinalsaleisexempt
fromtherequirementtooperateunderaregisteredwinestand
ards management plan.
r 5A Wine Regulations 2006 Reprinted as at1 July 2010
Regulation 5 heading: amended, on 1 December 2008, by regulation 4 of the Wine Amendment Regulations 2008 (SR 2008/110).
5A Exemption for very small winemakers from requirement to have wine standards management plan A winemaker is exempted, for a period of 2 years, from operating under a registered wine standards management plan for the winemaker’s winemaking operations if— (a) the winemaker proposes, during the 2-year period,— (i) to produce not more than 20 000 litres of wine; and
(ii) nottosellthewineforexportfromNewZealand; and
(b) thewinemakernotifies,inwriting,theDirector-General of—
(i) (ii) the dates on which the 2-year period is to begin and end; and the matters specified in paragraph (a)(i) and (ii); and
(c) during the 2-year period, the winemaker— (i) producesnotmorethan20000litresofwine;and (ii) does not sell the wine for export from New Zealand.
Regulation 5A: inserted, on 1 December 2008, by regulation 5 of the Wine Amendment Regulations 2008 (SR 2008/110).
6 Extension of transitional period for wine standards management plans For the purposes of section 130 of the Act, the transitional period during which a winemaker or other person is not required to operate under a registered wine standards management plan expires at the close of 30 November 2008.
Standards and requirements
7 (1) Country of origin labelling and identification requirements Grapewinemustbelabelledinamannerthatclearlyindicates the country of origin of the wine.

Reprinted as at1 July 2010 Wine Regulations 2006 r 10

(2) If any of the grape juice, concentrated grape juice, potable spirit, or wine spirit used in any grape wine originates in a countryotherthanthecountryoforiginofthewine,thatcountrymustbenamedonthelabelasasourceofingredientsused in the manufacture of the wine.

8 Grape wine not to be associated with false or misleading labelling

(1)
Grape wine must not be associated with false or misleading labelling of any kind concerning—
(a)
its grape variety; or
(b)
its vintage; or
(c)
the area where the grapes are grown (not including country of origin).
(2)
The Director-General may, by specification, specify requirements as to the labelling of grape variety, vintage, and area where grapes are grown.

9 Export requirements

(1)
Subjecttoanyexemptiongrantedbynoticeunder section39 of the Act, no person may export New Zealand grape wine with an obvious fault.
(2)
The demonstration that a wine is free from obvious fault is to bedetermined in a mannerspecified by the Director-General.
(3)
Inthisregulation,obviousfaultinrelationtowine,meansthat the wine is—
(a)
oxidised; or
(b)
tainted by extraneous flavours; or
(c)
malodorous.

10 Wine and wine products to be free of hazards

(1)
Wine and wine products must be free from hazards.
(2)
The Director-General may, by specification, specify acceptable or unacceptable levelsofhazards,objects, materials,and substancesinrelationtoanywineorwineproduct,oranyclass of wine or wine product.
r 11 Wine Regulations 2006 Reprinted as at1 July 2010
11 Suitability of inputs and processing and transport of
inputs, wine, and wine products
(1) Asupplierofcommoditiesusedtomakewineorwineproducts
must ensure that those commodities are free from hazards.
(2) A winemaker must ensure that—
(a) commodities used to make wine are handled during the
winemaking process in a manner that ensures that haz
ards are not introduced to the wine; and
(b) the processes andpracticesusedbythewinemakerdur
ing the winemaking process ensure that hazards are not
introduced to the wine; and
(c) wine is made and stored in a manner that ensures haz
ards are not introduced to the wine.
(3) A person who makes wine products must ensure that—
(a) wine and other inputs used to make the wine products
are handled in a manner that ensures that hazards are
not introduced to the wine products; and
(b) the processes and practices used by the person when
making the wine products ensure that hazards are not
introduced to the wine products; and
(c) wine products are made and stored in a manner that en
sures that hazards are not introduced to the wine prod
ucts.
(4) A transporter of wine, wine products, or commodities must
ensure that they are transported in a manner that ensures that
they remain free from hazards.
(5) The following persons must comply with specifications made
by the Director-General for the purpose of ensuring that wine
and wine products, and any commodities used in the making
of wine or wine products, are and remain free from hazards:
(a) suppliers of the commodities:
(b) transportersofthecommodities, orofanywineorwine
product:
(c) winemakers.
(6) The Director-General may, by specifications, specify matters
that the persons referred to in subclause (5) must comply with
for the purpose of ensuring that wine or wine products, in
cluding any commodity used in the making of wine or wine
products, are and remain free from hazards.

Reprinted as at1 July 2010 Wine Regulations 2006 r 14

12 Packaging requirements

(1)
All winemakers, and all other persons specified in specifications for the purposes of this regulation, must ensure that any packaging materials that come into contact with wine, wine products,orcommoditiesaredesigned,made,stored,andused inamannerthatensuresthatthewineorwineproductsorcommodities remain fit for their intended purpose.
(2)
TheDirector-Generalmaymakespecificationsforthepurpose of ensuring that packaging materials that come into contact with wine or wine products or commodities do not introduce hazards to the wine, wine products, or commodities.

13 Record and return requirements The Director-General may specify details of records and returns required to be kept or made by operators of wine businesses, operators of registered wine standards management plans, owners or persons in control of commodities, or other personsinordertoensurethetruthfulnessandintegrityofwine labels and that any wine or wine product is fit for its intended purpose.

14 Recognised agencies and persons

(1)
IfaparticularfunctionoractivityisrequiredundertheActor regulations or specifications made under the Act to be carried out by a recognised agency or a recognised person, then the personwithresponsibilityforensuringthatthefunctionoractivityiscarriedoutmustensurethatthefunction oractivityis carried out only by—
(a)
an agency recognised under the Act to undertake responsibility for that function or activity; or
(b)
a person recognised under the Act to undertake that function or activity.
(2)
If a particular function or activity is required under the Act to be carried out by a recognised person under the management of a recognised agency, a recognised agency must offer and use for that function or activity only the services of a person properlyrecognisedunder the Actto carryoutthefunction or activity.
r 15 Wine Regulations 2006 Reprinted as at1 July 2010
(3) Specifications may specify the classes of agencies to be used for particular functions or activities.
Fees and charges
15 (1) (2) Fees and charges The fees and charges set out in the Schedule are payable in respect of the matters set out in that schedule. The fees and charges are payable— (a) onthemakingoftherelevantapplicationoronperformance of the relevant service, as the case may require; or (b) in the case of fees payable annually, within 10 days (or within such longer period as the Director-General may allow) after receipt of a demand for the appropriate amount from the Director-General.
16 GST ThefeesandchargesspecifiedintheScheduleareinclusiveof goods and services tax.
17 Exemptions and waivers The Director-General may grant an exemption from, or waive or refund, in whole or in part, any fee or charge specified in these regulations in any appropriate case or class of cases.
Offences
18 (1) Offences Failure to comply with any of regulations 7(1), 8(1), 9(1), 10(1), 11(1), (2), (3), and (4), 12(1), and 14(1) and (2) constitutes an offence for the purposes of section 103(1)(b) of the Act.
(2) Any person who fails to comply with specifications made under or for the purposes of any of regulations 7, 8, 9, 10, 11, and 12 commits an offence.
(3) An offence under subclause (2) constitutes an offence for the purposes of section 103(1)(b) of the Act.

Reprinted as at1 July 2010 Wine Regulations 2006 r 19

Revocations

19 Saved export provisions revoked The following provisions saved under section 129 of the Act are revoked:

(a)
sections 25 and 26 of the Wine Makers Act 1981:
(b)
regulations11to17andforms12to16oftheSchedule of the Wine Makers Regulations 1990.

Reprinted as atSchedule Wine Regulations 2006 1 July 2010

Schedule r 15 Fees and charges

Schedule: substituted,on1July2007,byregulation4oftheWineAmendment Regulations 2007 (SR 2007/133).

Matter in respect of which fee or charge payable

Registration of wine standards management plan based solely on template approved by Director-General

Registration of wine standards management plan not based solely on approved template

Registration as exporter under section 49 of Act

Application for amendment to winestandardsmanagementplan under section 22 of Act

Recognitionsofagencyorperson under section 69 or 70 of Act

Periodic recognition fee under section 77 of Act

Applicationtodeterminewhether

wine eligible for export Statement of confirmation that wine eligible for export

Issue of official assurance Standards setting; development of guidance material, templates, codes of practice, market accessstandards;systemsauditand compliance

Costrecoverymethod Feeorcharge

Fixed charge plus $137.25, plus
hourly rate $137.25 per hour
(orparthour)after
the first hour
Fixed charge plus $137.25, plus
hourly rate $137.25 per hour
(orparthour)after
the first hour
Fixed charge plus $137.25, plus
hourly rate $137.25 per hour
(orparthour)after
the first hour
Fixed charge plus $137.25, plus
hourly rate $137.25 per hour
(orparthour)after
the first hour
Fixed charge plus $137.25, plus
hourly rate $137.25 per hour
(orparthour)after
the first hour
Fixed charge plus $137.25, plus
hourly rate $137.25 per hour
(orparthour)after
the first hour
Per application $23.63
Per confirmation $6.75
Per certificate $10.08

Fixed annual charge, $300.00 per wine business

Reprinted as at1 July 2010 Wine Regulations 2006 Schedule

Matter in respect of which fee
or charge payable Costrecoverymethod Fee or charge
Development of market access Differential annual
standards and programme charge, per exporting
winery:
(a) large winery (pro $8,095.50
duction over
2 million litres per
annum)
(b) medium winery $588.38
(production of
200 000 litres or
more per annum,
butlessthan2mil
lion litres)
(c) small winery (pro $48.38
duction less than
200 000 litres per
annum)

Schedule: amended, on 1 July 2010, by regulation 4 of the Wine Amendment Regula tions 2010 (SR 2010/174).

Diane Morcom, Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 15 June 2006.

Reprinted as atNotes Wine Regulations 2006 1 July 2010

Contents

1 General

2 Status of reprints

3 How reprints are prepared

4 Changesmadeundersection17CoftheActsandRegulations Publication Act 1989

5 List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Wine Regulations 2006. The reprint incorporatesalltheamendmentstotheregulationsasat1July 2010,asspecifiedinthelistofamendmentsattheendofthese notes.

Relevantprovisionsofany amending enactments thatcontain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumesofstatutesorstatutoryregulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked

Reprinted as at1 July 2010 Wine Regulations 2006 Notes

are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.

Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997,andareongoing. Totheextentpermittedbysection17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

Inoutline,theeditorialchangesmadeinreprintsundertheauthorityof section17C oftheActsandRegulationsPublication Act1989aresetoutbelow,andtheyhavebeenapplied,where relevant, in the preparation of this reprint:

• omission of unnecessary referential words (such as “of this section” and “of this Act”)

  • typefaceandtypesize(TimesRoman,generallyin11.5 point)
    • layout of provisions, including:
      • indentation
      • positionofsectionheadings(eg,thenumberand heading now appear above the section)
  • formatofdefinitions(eg,thedefinedtermnowappears in bold type, without quotation marks)
  • format of dates (eg, a date formerly expressed as “the 1stdayofJanuary1999”isnowexpressedas“1January 1999”)

Reprinted as atNotes Wine Regulations 2006 1 July 2010

  • positionofthedateofassent(itnowappearsonthefront page of each Act)
  • punctuation (eg, colons are not used after definitions)
  • Partsnumberedwithromannumeralsarereplacedwith arabic numerals, and all cross-references are changed accordingly
    • case and appearance of letters and words, including:
      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
      • smallcapitallettersinsectionandsubsectionreferences are now capital letters
  • schedulesarerenumbered(eg,Schedule1replacesFirst Schedule),andallcross-referencesarechangedaccordingly
  • running heads (the information that appears at the top of each page)
  • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronologican( �/span>.

List of amendments incorporated in this reprint (most recent first)

Wine Amendment Regulations 2010 (SR 2010/174) Wine Amendment Regulations 2009 (SR 2009/168) Wine Amendment Regulations 2008 (SR 2008/110) Wine Amendment Regulations 2007 (SR 2007/133)

Wellington, New Zealand: Published under the authority of the New Zealand Government—2010


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