澳新食品标准法典-2.7.5-烈性酒(Spirits)__法律

Purpose

This Standard defines the words, ‘brandy’, ‘liqueur’ and ‘spirit’, and provides compositional permissions for spirits and brandy, and permissions for the addition of certain foods to brandy during its production.

The Standard also protects geographical indications which represent a given quality, reputation or other characteristic of the product which is essentially attributable to its geographical origin. This protection implements Article 23 of the World Trade Organization Agreement on Trade and Related Aspects of Intellectual Property Rights (‘TRIPs’).

Table of Provisions

1 Interpretation

2 Addition of other foods to spirit during production

3 Addition of other foods to brandy during production

4 Geographical indications

Clauses

1 Interpretation

In this Standard –

brandymeans a spirit obtained from the distillation of wine, or fermented preparations of grapes or grape product.

liqueur means a spirit flavoured or mixed with other foods, which contains more than 15% alcohol by volume, measured at 20°C.

geographical indication means an indication, whether express or implied –

(a) which identifies a spirit as originating in a particular country, locality or region; and

(b) where a given quality, reputation or other characteristic of the spirit is essentially attributable to its origin in that particular country, locality or region.

spirit means a potable alcoholic distillate, including whisky, brandy, rum, gin, vodka and tequila, which, unless otherwise required by this Standard, contains at least 37% alcohol by volume, produced by distillation of fermented liquor derived from food sources, so as to have the taste, aroma and other characteristics generally attributable to that particular spirit.

2 Addition of other foods to spirit during production

Spirit may contain –

(a) water; and

(b) sugars; and

(d) spices.

3 Addition of other foods to brandy during production

Brandy may contain –

(a) water; and

(b) sugars; and

(d) spices; and

(e) grape juice; and

(f) grape juice concentrates; and

(g) wine; and

(h) prune juice.

4 Geographical indications

(1) A geographical indication must not be used in relation to a spirit, even where the true origin of the spirit is indicated or the geographical indication is used in translation or accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like, unless the spirit has been produced in the country, locality or region indicated.

(2) A spirit lawfully exported under a geographical indication, but bottled other than in the territory, locality or region indicated by the geographical indication must not be sold under that geographical indication –

(a) unless the concentration of alcohol by volume in the spirit is at a level permitted under the laws for that geographical indication of the territory, locality or region indicated by that geographical indication; or

(b) if any other distinctive quality or characteristic of the spirit is such as to mislead or deceive the public as to the nature of the product identified by the geographical indication.

Editorial note:

See Standard 4.5.1 – Wine Production Requirements for requirements for the production of wine in Australia. See Standard 1.3.1 – Food Additives and Standard 1.3.3 – Processing Aids for the respective requirements for additives and processing aids. See Standard 2.7.1 – Labelling of Alcoholic Beverages and Food containing Alcohol for specific labelling requirements for alcoholic beverages.