The Adulteration of Wine and Brandy Act 1907 (SA)

ANNO SEPTIMO

EDWARDI V11 REGIS.

A. D. 1907.

No. 930.

An Act to prevent the Adulteration of Wine and Brandy.

[Assented to, December rzth, rpo7.l

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited as " The Adulteration of Wine and Bhort title. and commencement. ,

Brandy Act, 1907," and shall come into operation on a day to be fixed by Proclamation.

2.	In this Act, unless the context otherwise requires-	Interpretation.
Analyst " means the Government Analyst for the time being, or any person appointed by the Governor as analyst under this Act:

Q30

" Bottle " means any vessel made of glass or earthenware con-

taining wine, brandy, sparkling wine, or other such

beverage:

. ?

Brandy" means spirit distilled from wine, either with or with- out the addition of such substance or substances as may be prescribed, and made in accordance with the provisions of the Excise Act of the Commonwealth:

Minister" means the Minister of Agriculture or such other Minister as the Governor may from time to time appoint to administer this Act :

Prescribe" means prescribe by regulations: ,

" Prescribed"

7 O EDWARDI VII, No. 930.

The Adulteration of Wine and Brandy Act.-1 907.

" Prescribed " means prescribed by regulations made under this

Act:

Regulations " means regulations made under this Act:

Sparkling wine " means wine surcharged with carbonic acid

gas (and whether sugar and pure wine spirit, or either of them, has or has not been added thereto), and includes champagne:

Wine " means the product of the alcoholic fermentation of the juice or must of fresh grapes, either with or without the addition of any substance or substances natural to such must, and slich other substances, and in such quantities, as may be prescribed,

Brandy and wine	3, No person shall manufacture, or have in his possession, or
with prohibited

additions not to be

sell, advertise, offer, keep, expose, or deliver for sale, whether

sold.

wholesale or retail, or exchange, authorise, direct, or permit the sale, under the name of brandy. wine, or sparkling win6, or under any name commerciallv or popularly used as a designation of brandy or wine, any brandy or any kind or class of wine to which. either befbre, during, or after the making of the same, any substance or substances has or have been added other than those which the Governor may from time to time prescribe.

~ooernor may pre- 4, The Governor may from time to time prescribe what sub-

ecribe.	stances, and the quantities thereof, may be added to such brandy, wine, sparkling wine, or other such beverage as aforesaid, and the manner in which the same may be added.
Certain additions	5. No person shall add or cause to be added to brandy or wine, sparkling wine, or other such beverage as aforesaid, either during or after the making of the same, any substance other than those
prohibited.
which the Governor may from time to time prescribe.

Medicinal additions. 6. The provisions of the last two preceding sections shall not

apply to the mixing of brandy or wine with any drug if the mixture is b o n d f i e intended for medicinal purposes only, and is not intended for use, or sold for use, or is not commonly in use, as a beverage, and provided such mixture is made and labelled as may be pre- scribed.

~abelling.

7. No person shall sell, expose, offer, or deliver for sale any

bottled liquid as wine unless each bottle is distinctly labelled with

the name and address of the bottler.

Carbonated liquide. 8. No person shall sell or expose or offer or deliver for sale any

sparkling wine in which the excess of carbonic acid gas arises from direct addition thereof, unless the bottle containing such wine is labelled with the word " Carbonated " in letters at least as large and distinct as any letter on the label or bottle.

9. ( a ) Thc

7" EDWARDI VII, No. 930.

The Adulteration qf' Wine and Brandy Act.- 1 907.

-- p -

9. (a) The analyst, and any other person having authority in Anslyat.

writing from the analyst, may, on producing such authority, enter h,,,.

any vineyard, store room, wine cellar, store, vessel, shop, shed,

hotel, building, vehicle, or other place or premises which he has

reasonable grounds for believing is or are kept or used for making,

storing, carrying, selling, or exposing for sale, brandy, wine, or other

liquid having the chief ch~acteristic of brandy or wine, or some of

them, whether made or in process of making, and may inspect such

liquid.

( b ) The analyst, or such authorised person, may require the owner or any person apparently in charge of any such brandy, wine, or other liquid, or the place wherein it is situate, to sell to him, and such owner or person shall sell to him, at a reasonable price, so much of such brandy, wine, or other liquid as he may require. The analyst, or such authorised person, shall inform the vendor that he intends to analyse or have analysed the liquid so purchased.

(c) The purchaser shall, in the presence of the vendor, divide the liquid purchased into three parts, and place each part in a separate receptacle, and secure, mark, and seal each such uxeptacle, and shall give one such receptacle to the vendor and retain one for identification or future comparison, and shall analyse or give to the analyst for analysis the third part.

10, The analyst shall forward to the Minister a certificate under Certificate.

his hand of his analysis.

11. The production of any such certificate purporting to be given F .a ,v1 ence.

or signed by the analyst shall, in any legal proceedings, be prim4

,facie evidence of the facts therein stated, without proof of the

appointment of the analyst or the signature thereto.

12. No person shall sell, expose. offer, or deliver for sale in any Beverage8 other thart wine-

receptacle having thereon or on the brand or label thereof the word

wine," any beverage made from fruit or from any article other

than grapes, unless the word " wine ". is preceded by the name of

such fruit or article in letters at least as large as the letters of the

word wine " thereon.

13. Any person guilty of any offence against or contravention of Penalty.

the provisions of this Act, shall, for each such offence or contra-	I
vention, be liable to a penalty not exceeding Fifty Pounds.

14. The Governor may make regulations as to any matters whab regulation^.

soever in order to give effect to this Act, provided such regulations are not repugnant to the provisions hereof, and may therein impose penalties for the breach thereof not exceeding Fifty-i Pounds for each offence.

7 O EDWARDI VII, No. 930.

Ttre Adalteration of Wine rrnd Brandy Act.-1907.

Publictrtion. 16. All such regulations shall be published in the Governmenz

Gazette, and shall be laid before Parliament within fourteen days of t?le making thereof, if Pwliament be then sitting, or if Parliament be not then sitting, within fourteen days after the commencement of the first Session of Parliament thereafter. not^ ithstanding any publication thereof no such regulations shall continue to have any force or effect if the same shall be disapproved, either wholly or in part, by resolution of' either House of Parliameot within thirty days after such regulationa shall have been laid before Parliament, if Parliament shall be so long in Session: Provided that if Parlia- ment shall not be in Session for thirty days after such regulations shall have been laid before it, then no such regulations shall con- tinue to have any force or effect if disapproved by either House of Pa~liament within thirty days after the comnrencoment of the next Session of Parliament.

Legal proceedings. 16, Proceedings for any breach of this Act or the r~gulations

or any of the provisions thereof shall be had and taken before, and may be determined i n a summary way by, a Special Magistrate or two Justices of the Peace for the said State, and such pro- ceedings shall be regulated by the Ordinance No. 6 of 1850, " 'She Justices Procedure Amendment Act, 1883-4," or any other Act or Acts for the time being in force relating to summary procedure; and all convictions and orders may be enforced as in such Acts is or shall be provided.

Appeal. 17, There shall be an appeal to the Local Court of Adelaide in

its Full Jurisdiction from any conviction or order dismissing any information, and such appeal shall be conducted in manner provided for appeals to Local Courts under the said Ordinance No. 6 of 18.50. or any Act for the time being in force regulating such appeals.

In the name and on behalf of His Majesty, I hereby assent to this Bill,

GEORGE R. LE HUNTE, Governor.

Adelaide : By authority, C. E. BXIMTVW, C3overnment Printar, North Terrace.