| (1) | An export certificate shall— |
| (a) | in the case of a product that was sampled in terms of regulation 52, be issued only if— |
| (i) | the results of the analysis referred to in regulation 52(6) indicate that the product concerned is a liquor product or, if not, the applicant concerned satisfies the administering officer that such other product may be sold for drinking purposes in the country to which it is to be exported; and |
| (ii) | in the case of wine, the Authority has, on the basis of the sensorial judgement of the sample thereof or on the basis of other considerations determined by the Authority in consultation with the administering officer, found that wine to be suitable for export; and |
[Regulation 53(1)(a)(ii) substituted by regulation 13(a) of Notice No. R. 77 of 2006]
| (b) | [Regulation 53(1)(b) deleted by regulation 18 of Notice No. R. 401 of 2014] |
| (2) | [Regulation 53(2) deleted by regulation 13(b) of Notice No. R. 77 of 2006] |
| (3) | An export certificate for wine in bulk can be refused if the administering officer is convinced that the applicant concerned— |
| (a) | failed or neglected to indicate on the appropriate places on the form mentioned in Regulation 51— |
| (i) | whether the wine concerned is going to be sold as South African wine to the general public; |
| (ii) | the complete name, physical business address and postal address of the buyer and bottler of the wine concerned; |
| (iii) | to undertake that, in the case of wine referred to in subparagraph (i), to supply to the administering officer one sample of each bottled lot of the wine concerned in the labelled containers in which the wine is going to be sold to the general public; |
| (iv) | to undertake that, in the case of wine referred to in subparagraph (i), the applicant will make sure that the wine concerned shall not reveal any unacceptable quality characteristics immediately after it has been bottled; or |
| (v) | to undertake that, in the case of certified wine referred to in subparagraph (i), the applicant will make sure that the labels on the containers in which the wine is going to be sold to the general public, shall comply to the requirements of the Wine of Origin Scheme published by Government Notice No. 1434 of 29 June 1990, as substituted from time to time; |
| (b) | supplied the wrong information as required in paragraph (a)(i) and (ii), in respect of any previous applications for an export certificate; |
| (c) | failed or neglected to comply with any previous undertakings referred to in paragraph (a)(iii), within 4 months of date of such undertaking; or |
| (d) | failed or neglected to comply with any previous undertakings referred to in paragraph (a)(iv) or (v). |
[Regulation 53(3) inserted by regulation 4(b) of Notice No. R. 394 of 1995]
| (4) | An export certificate for a product which is packed in the labelled containers in which it is going to be sold to the general public, will only be issued if the labels on those containers comply with the requirements of the Act and the Regulations, or if not, the applicant concerned must satisfy the administering officer that the containers are suitably labelled for sale in the country to which they are to be exported. |
[Regulation 53(4) inserted by regulation 4(b) of Notice No. R. 394 of 1995]
