Reprint as at 1 October 2008

Wine Act 2003

Public Act	2003 No 114
Date of assent	30 October 2003
Commencement	see section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the New Zealand Food Safety Authority.

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Objects of Act

4 Interpretation

Application of Act generally

5 Scope of Act

6 Exemptions from application of Act

Part 2
Winemaking and export of wine

7 Outline of this Part

Subpart 1—Wine standards management plans

8 What is a wine standards management plan?

9 Who must have a wine standards management plan?

10 Winemakers with associated wine products or food business

11 Limited exemption from requirement to have wine standards management plan

12 Certain persons may be required to have wine standards management plan

13 Duties of operators of wine standards management plans

14 Contents of and requirements for wine standards management plans

15 Multi-business wine standards management plans

Registration of wine standards management plans

16 Wine standards management plans must be registered

17 Register of wine standards management plans

18 Applications for registration of wine standards management plans

19 Registration of wine standards management plans

20 Refusal to register wine standards management plan

21 Registration may not be transferred

22 Significant amendment of wine standards management plan

23 Updates of minor amendments to wine standards management plans

24 Suspension of operations under registered wine standards management plan

25 Deregistration of wine standards management plan

26 Removal of wine business from coverage of wider wine standards management plan

27 Surrender of registration

Miscellaneous matters

28 Director-General to recognise agencies and persons to perform verification functions in respect of wine standards management plans

29 Wine standards management plan in conflict with regulations or notices

Subpart 2—Wine standards and specifications

30 Outline of subpart 2

31 Application of standards and specifications

32 Application to wine products

33 Regulations may prescribe standards

34 Prerequisites for prescribing standards

35 Director-General may issue specifications supplementary to wine standards

Subpart 3—Export of wine

36 Object of subpart 3

37 Prerequisites for export

38 Export eligibility requirements

39 Exemption of certain consignments

40 Duties of exporters

Market access requirements and official assurances to foreign governments

41 Director-General to notify or make available access requirements for overseas markets

42 Director-General may issue official assurances

43 Form and content of official assurance

44 Obtaining of official assurance

45 Official assurance may be withdrawn, and reissued

46 Persons who may be authorised to issue official assurances

Registration of exporters

47 Register of exporters

48 Applications for registration as exporter

49 Registration as exporter

50 Refusal to register exporter

51 Registration fee payable

52 Deregistration of exporters

53 Surrender of registration

54 Refusal to register or decision to deregister may be reviewed in certain cases

Part 3
Officers, cost recovery, etc

Subpart 1—Officers, powers, and persons with specialist functions

Appointment of officers

55 Wine officers

Powers of Director-General

56 Director-General may issue notices

57 Director-General may give directions

58 Recall of wine

59 Power to direct disposal, etc, of wine in certain circumstances

60 Statements by Director-General

61 Delegations by Director-General

Powers of wine officers

62 Power of entry

63 Power to examine, etc

64 Power to interrupt operations, etc

65 Issue of search warrant

66 Powers of Police and wine officers under warrant

67 Requirements when executing warrant

68 Disposal of property seized under search warrant

Recognised agencies and persons

69 Director-General may recognise agencies that may be responsible for verification and other specialist functions

70 Director-General may recognise persons to carry out verification or other specialist functions

71 Duties of recognised agencies

72 Duties of recognised persons

73 Register of recognised bodies and persons

74 Applications for recognition

75 Grant of recognition

76 Conditions of recognition

77 Recognition fee payable

78 Refusal to grant recognition

79 Withdrawal of recognition

80 Surrender of recognition

81 Substituted notice of recognition

82 Decisions may be reviewed in certain cases

Protection of persons acting under Act

83 Protection of persons acting under authority of Act, etc

Subpart 2—Cost recovery

84 Principles of cost recovery

85 Methods of cost recovery

86 Cost recovery to relate generally to financial year

87 Three-yearly review of cost recovery

88 Fees and charges to be prescribed by regulations

89 Regulations may impose levies

90 Trust accounts required to be kept by persons collecting levies

91 Other charges not requiring to be prescribed

92 Exemptions, waivers, and refunds

93 Fees, levies, and charges to constitute debt due to Director-General

94 Penalties for failure to pay fee, levy, or charge

95 Obligation to pay fee, levy, or charge not suspended by dispute

96 Levy regulations to be confirmed

Part 4
Offences, penalties, and miscellaneous provisions

Offences, penalties, and proceedings

97 Offences involving deception

98 Offences involving endangerment of human health

99 Sale of non-complying wine

100 Offence to export unless registered or in compliance with export eligibility requirements

101 Obstruction of officers, etc

102 Offence of breach of duty

103 Failure to comply with Act, etc

104 Defence for persons charged with breach of duty or failure to comply

105 Evidence in proceedings

106 Presumption as to authority

107 Liability of body corporate

108 Liability of directors and managers of companies

109 Liability of companies and persons for actions of agent or employee

110 Offences generally punishable on summary conviction

Industry levies

111 Application of Commodity Levies Act 1990 to wine

Recordkeeping requirements

112 Records and returns

113 Records to be available for inspection, etc

Right of review

114 Right of review of certain decisions made under delegated authority

Consultation, notification, etc

115 Consultation requirements for making of certain orders, specifications, etc

116 Notification of certain matters

117 Service of individual notices, etc

118 Directions, etc, to non-Ministry persons with functions under Act

Regulations, notices, etc

119 Regulations

120 Notices

121 Incorporation of material by reference into regulations, notices, and orders

Repeals, amendments, savings, and transitional provisions

122 Wine Makers Act 1981 repealed

123 Wine Makers Levy Act 1976 repealed

124 Alcohol Advisory Council Act 1976 amended

125 Food Act 1981 amended

126 Privacy Act 1993 amended

127 Customs and Excise Regulations 1996 amended

128 Wine Makers Regulations 1990 revoked

129 Saving of provisions of Wine Makers Act 1981 and Wine Makers Regulations 1990 as export eligibility requirement regulations, etc

130 Transitional period for wine standards management plans

131 Transitional provisions relating to exports and exporters

132 Transitional provisions relating to fees

Schedule 1
Form of search warrant

Schedule 2
Amendments to Alcohol Advisory Council Act 1976

Reprint notes

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Wine Act 2003 No 114 (as at 01 October 2008), Public Act

Wine Act 2003

Note

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