This Act comes into force on 1 January 2004, except for sections 123(1) and 124(2).
(2)
Section 123(1) comes into force on the close of 30 June 2005, or on such earlier date as the Governor-General may fix by Order in Council.
(3)
Section 124(2) comes into force on the close of 30 June 2004.
Section 2(2): section 123(1) brought into force, on 1 April 2005, by the Wine Act Commencement Order 2005 (SR 2005/28).
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Objects of Act
The objects of this Act are to—
(a)
provide for the setting of standards for identity, truthfulness in labelling, and safety of wine:
(b)
provide for the minimising and management of risks to human health arising from the making of wine and the ensuring of compliance with wine standards:
(c)
facilitate the entry of wine into overseas markets by providing the controls and mechanisms needed to give and safeguard official assurances issued for the purpose of enabling entry into those markets:
(d)
enable the setting of export eligibility requirements to safeguard the reputation of New Zealand wine in overseas markets:
(e)
promote consultation with industry organisations on the regulation of the industry, as an aid to fostering efficiency and growth in the New Zealand wine industry:
(f)
enable levies to be imposed on winemakers for payment to entities representing their interests for the funding of industry-good activities.
In this Act, unless the context otherwise requires,—
commodity means any plant material or honey used for the making of wine
Director-General means the chief executive of the Ministry
export eligibility requirements means those requirements imposed on exports of any class, kind, or description of wine by regulations made under section 38
exporter means a person who exports any wine from New Zealand for reward or for purposes of trade; and includes the New Zealand agent or representative of that exporter
financial year means a period of 12 months beginning on 1 July in any year and ending on 30 June in the following year
fit for intended purpose, used in relation to wine, is described in subsection (2)
Food Act regime means the alternative regimes under the Food Act 1981 that consist of, or relate to,—
(a)
Part 1A of that Act and food safety programmes:
(b)
the Food Hygiene Regulations 1974
food safety programme means an appropriate food safety programme within the meaning of the Food Act 1981, being a programme whose adoption gives rise to an exemption from the Food Hygiene Regulations 1974 under Part 1A of that Act
fruit wine or vegetable wine, subject to subsection (3), means the product prepared from the complete or partial fermentation of any fruit, vegetables, grains, cereals, or preparations of fruit, vegetables, grains, or cereals, other than that produced solely from grapes
grape wine, subject to subsection (3), means the product of the complete or partial fermentation of fresh grapes, or a mixture of that product and products derived solely from grapes
hazard means a biological, chemical, or physical agent that—
(a)
is in or has the potential to be in wine, or is or has the potential to affect the condition of wine; and
(b)
leads or could lead to an adverse or injurious health effect on humans from consumption of wine
in writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax or email or other electronic means
industry organisation means, as appropriate, all or any of—
(a)
the Wine Institute of New Zealand Inc:
(b)
the New Zealand Fruit Wine and Cider Makers Association:
(c)
the New Zealand Grape Growers Council Inc:
(d)
any other body specified as an industry organisation for the purposes of this definition by the Minister by notice in the Gazette:
(e)
the successors in title of any of those bodies
label, subject to subsection (3), means any tag, brand, mark, or statement in writing or any representation or design or descriptive matter on or attached to or used in connection with or accompanying any wine
making, or made, in relation to wine, means any or every process or action from receipt of the commodity through to dispatch of the wine, including—
(a)
the crushing or pressing of the commodity for juice:
(b)
the fermentation of the commodity or juice into wine:
(c)
any storage, blending, or mixing of a wine or wines:
(d)
bottling or otherwise packaging wine:
(e)
labelling of wine
marae includes the area of land on which all buildings such as wharenui (meeting house), wharekai (dining room), ablution blocks, and any other associated buildings are situated
mead, subject to subsection (3), means the product prepared from the complete or partial fermentation of honey
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Ministry means the Ministry that has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of this Act
New Zealand food standard means a food standard issued under Part 2A of the Food Act 1981
official assurance has the meaning given by section 42
operator, in relation to a wine business, means the owner or other person in control of the business
place includes any building, conveyance, moveable facility, or structure; and includes any land where wine or commodities are produced
recognised agency, in relation to any function or activity, means a person or body recognised under section 69 for the purpose of performing that function or activity
recognised management plan verifier means a person currently recognised under section 70 as a wine standards management plan verifier
recognised person, in relation to any verification or other specialised function or activity, means a person recognised under section 70 for the purpose of performing that function or activity
recognised verifying agency means a person or body currently recognised under section 69 as a wine standards management plan verifying agency
registered exporter means an exporter currently registered under section 49
registered wine standards management plan means a wine standards management plan that is currently registered under section 19
risk factors means—
(a)
risks from false or misleading labelling:
(b)
risks from hazards to human health
sell has the same meaning as trade
trade means sell for consumption or use; and includes—
(a)
selling for resale (including as a constituent part of another product) for consumption or use:
(b)
offering or attempting to sell, or receiving for sale, or having in possession or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale:
(c)
barter:
(d)
supplying a product under a contract, together with other goods or services or both, in consideration of an inclusive charge for the product and the other goods or services:
(e)
offering as a public prize or reward, or giving away for the purpose of advertisement or in the furtherance of any trade or business:
(f)
every other method of disposition for valuable consideration
verification includes the periodic checks carried out by recognised management plan verifiers to determine—
(a)
the appropriateness of a wine standards management plan:
(b)
whether operations that are subject to a wine standards management plan are in compliance with the requirements of the plan and of this Act:
(c)
whether wine for whose export an official assurance is required has been produced or made in a way that meets the requirements for the official assurance
wine means any grape wine, fruit wine, vegetable wine, or mead; and—
(a)
includes—
(i)
cider and perry:
(ii)
fortified wines such as sherry, port, and fruit or vegetable-based liqueurs; and
(b)
to the extent specified in section 10(3) or section 12(4) or section 32 includes wine products; but
(c)
does not include beer or spirits
wine business means a business undertaking that, for reward or for the purposes of trade,—
(a)
makes wine; or
(b)
exports wine
wine officer, or officer, means a person appointed as a wine officer under section 55; and includes the Director-General
wine product, subject to subsection (3), means a food (as defined in the Food Act 1981) containing no less than 700 ml/L of wine which has been formulated, processed, modified, or mixed with other foods such that it is not wine
wine standard, or standard, means a standard prescribed under subpart 2 of Part 2 that specifies criteria that must be met to determine fitness for its intended purpose of any class or description of wine
wine standards management plan has the meaning given by section 8, and, except in subpart 1 of Part 2, is to be taken to refer to a registered wine standards management plan
winemaker means a person who, for reward (otherwise than as an employee) or for purposes of trade, makes wine.
(2)
In this Act, fit for intended purpose, used in relation to wine, means wine that has been made in accordance with the requirements of this Act and that meets any relevant wine standards and associated specifications set under subpart 2 of Part 2 and any relevant New Zealand food standards.
(3)
The Governor-General may, by Order in Council, amend or substitute the definitions of fruit wine or vegetable wine, grape wine, label, mead, and wine product to ensure consistency with New Zealand food standards.
(4)
Nothing in the definitions of fruit wine or vegetable wine, grape wine, mead, or wine product prevents the addition of any foods, food additives, or processing aids to such products if that addition to the particular product is permitted under the Food Act 1981.
This Act applies to the making of all wine for reward or for the purposes of trade or export.
(2)
This Act may also apply or be made to apply to wine products and producers of commodities from which wine is made, to the extent specified in sections 10 and 12.
(3)
Classes, descriptions, and kinds of wine, commodities, winemakers, exporters, and operations may be excluded from the application of this Act to the extent exempted from all or any of its provisions by Order in Council under section 6.
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Exemptions from application of Act
(1)
The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, exempt any of the following from all or any of the provisions of this Act:
(a)
any class, description, or kind of wine:
(b)
any commodity or any class, description, or kind of commodity from which wine is made:
(c)
any 1 or more classes or descriptions of winemakers or exporters of wine:
(d)
any 1 or more classes or descriptions of operations, premises, or places in relation to the making or export of wine:
(e)
any combination of the above.
(2)
The Minister may not recommend the making of an order under this section unless satisfied, having regard to the matter to be exempted, that the risk to human health and to trade of providing the exemption is negligible.
(3)
In determining whether or not to recommend the making of an order the Minister is to have regard to the following:
(a)
the desirability of maintaining consistency between New Zealand wine standards, New Zealand Food Standards, and any relevant standards, requirements, or recommended practices that are accepted internationally:
(b)
the desirability of maintaining consistency with New Zealand's international obligations:
(c)
the desirability of facilitating access to overseas markets:
(d)
the need to protect the health of consumers of wine:
(e)
the relative cost of having the exemption or not having it, who bears the cost, and the positive and negative impacts on New Zealand consumers:
(f)
such other matters as the Minister considers relevant.
(4)
The Minister may not recommend the making of an order under this section unless satisfied that appropriate consultation has been carried out in accordance with section 115.
(5)
An exemption under this section may have retrospective effect.
wine standards management plans, under which winemakers must operate, as a main means of—
(i)
ensuring that wine complies with appropriate standards and is safe for consumption; and
(ii)
facilitating exports of wine; and
(b)
the setting of wine standards and specifications that must be met by any wine intended for trade or export; and
(c)
requirements in relation to the export of wine, and the giving of official assurances where appropriate to meet overseas market access requirements.
Subpart 1
Wine standards management plans
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What is a wine standards management plan?
(1)
A wine standards management plan is a plan designed to identify, control, manage, and eliminate or minimise hazards and other risk factors in relation to the making of wine in order to ensure that the wine is fit for its intended purpose.
(2)
A wine standards management plan may be individually created by the person or wine business to whom or which it is to apply, or it may be created by some other party but adopted and amended to suit the operations of the person or business concerned. It may also be based on a template, a model, or a code of practice, if in the view of the Director-General the template, model, or code of practice is valid and appropriate for the business concerned.
(3)
A wine standards management plan can relate to any or all matters relating to the making of wine for trade or export.
(4)
A wine standards management plan may also apply to 1 or more wine businesses in cases where the Director-General has given approval under section 15.
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Who must have a wine standards management plan?
The following persons must operate under a registered wine standards management plan for their wine-related operations, unless exempted under section 6 or section 11:
(a)
all winemakers:
(b)
such other persons as may be specified by Order in Council under section 12 as requiring to operate under a wine standards management plan.
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Winemakers with associated wine products or food business
(1)
Winemakers who make wine products may, in respect of their wine product operations, either—
(a)
include those operations in their registered wine standards management plan for their winemaking operations; or
(b)
comply with the Food Act regime for their wine product operations.
(2)
Winemakers who also make or retail food products must both—
(a)
have a registered wine standards management plan for their winemaking operations; and
(b)
comply with the Food Act regime in respect of their food product operations.
(3)
Where wine product operations are included in a wine standards management plan under subsection (1), then, unless the context otherwise requires, all the provisions of this Act apply to the wine product concerned as if it were wine.
