| (1) | Subject to the provisions of the Act and of subsection (2), the following particulars may only after certification be used in connection with the sale of wine: |
| (a) | The name of an area of production. |
| (b) | The designation of a vine cultivar specified in Table 1. |
| (c) | Particulars indicating that wine was produced from grapes harvested in a particular year. |
| (d) | The words "estate", "landgoed", "origin", "oorsprong", "vintage", "oesjaar", "criadera" and "solera". |
| (e) | The class designations of the classes of wines that are known as special late harvest wine, noble late harvest wine, blanc de noir wine, wine from naturally dried grapes, skin macerated white, extended barrel aged white/gris, natural pale/not-fortified pale, methode ancestrale, alternative white/rosé/red, sun wine, Cape white, Cape ruby, Cape tawny, Cape dated tawny, Cape late bottled vintage, Cape vintage, fino, amontillado, oloroso, pale dry, pale cream, medium cream, full cream and, if claiming cultivar or vintage year, alcohol free wine, de-alcoholised wine and low alcohol wine. |
[Clause 5(1)(e) substituted by section 4(a) of Notice No. R. 735, G44988, dated 13 August 2021]
| (f) | The expressions "single vineyard wine" and "enkelwingerdwyn". |
[Clause 5(1) substituted by regulation 4 of Notice No. R. 813 of 2006]
(2)
| (a) | The particulars referred to in paragraphs (a) and (f) of subsection (1), the words other than "vintage" referred to in paragraph (d) of subsection (1) and the class designations other than "alcohol free wine", "de-alcoholised wine" and "low alcohol wine" referred to in paragraph (e) of subsection (1), shall not be used in connection with the sale of alcohol free wine, de-alcoholised wine and low alcohol wine. |
[Clause 5(2)(a) substituted by section 4(b) of Notice No. R. 735, G44988, dated 13 August 2021]
| (b) | The expressions "Paarl" and "Worcester" may also be used without certification in connection with the sale of wine other than a wine of origin of the area of production Paarl or Worcester if— |
| (i) | the person using such expression has obtained a certificate from the Wine and Spirit Authority referred to in section 19 of the Wine, Other Fermented Beverages and Spirits Act, 1957 (Act No. 25 of 1957), to the effect that he has prior to 1 January 1972 and since used that expression in connection with the sale of the wine concerned; |
| (ii) | no other particulars referred to in subsection (1) are indicated on the labels of the containers of that wine; and |
| (iii) | those labels have not since 1 January 1972 been altered in any respect other than that required or permitted under any law. |
| (c) | The expressions "Paarl" and "Constantia" may also he used without certification in connection with the sale of wine other than a wine or origin of the area of production Paarl or Constantia if— |
| (i) | that wine is exported from the Republic to a country that is not a member state of the European Community; |
| (ii) | the person using such expression has obtained a certificate referred to in paragraph (b)(i) with regard to that wine; and |
| (iii) | no other particulars referred to in subsection (1) are indicated on the labels of the containers of that wine. |
| (d) | The vine cultivar designation "hanepoot" may also be used without certification in connection with the sale of wine, that complies with the requirements set out in section 10(1)(a), (c) and (d) of this Scheme, if— |
| (i) | no other particulars referred to in subsection (1) are indicated on the labels of the containers of that wine, and |
| (ii) | a complete record, is kept in a manner acceptable to the Authority, of all the processes in connection with the production of that wine, with inclusion of the pressing of the grapes that were used. |
[Clause 5(2)(d) inserted by regulation 2 of Notice No. R. of 1991]
| (e) | The designation of a vine cultivar specified in Table 1 may, in the case of a wine that has been produced from different vine cultivars and is not destined for certification as a cultivar wine, also be used in connection with the sale of such wine: Provided that— |
| (i) | the requirements set out in section 23(4)(e) or 23(4)(eA) of this Scheme are complied with; and |
(ii) that wine is a wine of origin.
[Section 5(2)(e)(ii) substituted by regulation 4(a) of Notice No. R. 835 of 2005]
[Clause 5(2)(e) substituted by regulation 3(2) of Notice No. R. 834 of 1998]
| (f) | The name "Kleinrivier", which is identical to the name of an area of production defined under this Scheme, may be used in connection with the sale of wine by Clos Malverne: Provided that— |
| (i) | "Kleinrivier" shall not be further described in any way; |
| (ii) | such wine is a wine of origin; |
| (iii) | the origin of such wine shall be indicated, on the same label or other material as the name "Kleinrivier", as required in terms of section 24(2) of this Scheme: Provided that the abbreviation "W.O." referred to in that section shall not be used; and |
| (iv) | the name "Kleinrivier" shall not be more prominent than the origin indicated in terms of subparagraph (iii). |
[Clause 5(2)(f) inserted by regulation 2 of Notice No. R. 554 of 2009]
| (g) | The expression "Bonne Nouvelle", which resembles the vine cultivar "Nouvelle", may be used in connection with the sale of wine by Remhoogte Wine Estate (Ply) Ltd: Provided that— |
| (i) | such wine is a blend of red wines; |
| (ii) | such wine is a wine of origin; |
| (iii) | the requirements set out in section 23(4)(e) or 23(4)(eA) of this Scheme were complied with in respect of such wine; |
| (iv) | the cultivars used in such a blend are indicated as required in terms of section 23(4)(e) or 23(4)(eA) of this Scheme; and |
| (v) | the fact that such wine is a blend of wine from red wine cultivars shall be apparent from the label or other material and, if applicable, the packaging, on which the expression "Bonne Nouvelle" is used. |
[Clause 5(2)(g) inserted by regulation 2 of Notice No. R. 554 of 2009]
