S-13, r. 7 - Regulation respecting wine and other alcoholic beverages made or bottled by holders of a wine maker’s permit

Full text
chapter S-13, r. 7
Regulation respecting wine and other alcoholic beverages made or bottled by holders of a wine maker’s permit
SOCIÉTÉ DES ALCOOLS — WINE MAKERS’S PERMIT
Act respecting the Société des alcools du Québec
(chapter S-13, s. 37).
S-13
September 1 2012
1. The holder of a wine maker’s permit may purchase and bottle wines in accordance with this Regulation.
Such permit holder may also purchase wine in bulk from another holder of a wine maker’s permit.
O.C. 2166-83, s. 1; O.C. 1558-85, s. 1.
2. Wine bottled in Québec must be classified as follows:
(1)  wine or table wine: being a beverage obtained through the fermentation of grape juice, reconstituted grape juice or grape must, and containing at least 6% and less than 15% of alcohol by volume;
(2)  fortified wine: being a beverage obtained from wine containing at least 10% of alcohol by volume, with or without the addition of grape concentrate or sugar and containing, through fermentation or the addition of alcohol, from 15% to 20% of alcohol by volume;
(3)  flavoured wine: being a beverage obtained by adding flavourings to wine, with or without the addition of sugar, and containing at least 6% and less than 15% of alcohol by volume;
(4)  apéritif (appetizer) wine: beverage obtained from wine containing at least 10% of alcohol by volume, with or without the addition of flavouring, grape, concentrate or sugar and containing, through fermentation or the addition of alcohol, from 15% to 20% of alcohol by volume;
In this section,
(1)  “addition of alcohol” means the addition of neutral spirits made from grain, molasses, cider or wine and containing at least 94,8% of alcohol by volume;
(2)  “flavouring” means vegetable flavourings, with or without alcoholization, excluding cider and not exceeding 5% of the finished product by volume.
O.C. 2166-83, s. 2.
2.1. The expression “light wine” may accompany or replace “wine or table wine” where the wine or table wine contains at least 6% but less than 8% of alcohol by volume.
O.C. 1558-85, s. 2.
3. Where a fortified wine has the characteristics generally associated with that type of wine, the expression “fortified wine” may be replaced by the following expression: “liqueur wine”.
O.C. 2166-83, s. 3; O.C. 458-2001, s. 1.
4. An apéritif wine must have the characteristics generally associated with an apéritif wine.
The expression “apéritif wine” may appear with or be replaced by the word “vermouth” if the apéritif (appetizer) wine has the characteristics generally associated with vermouth.
O.C. 2166-83, s. 4.
5. The holder of a wine maker’s permit shall indicate on the main label of the containers of the wine he makes, in bold, indelible, legible and conspicuous type, the following:
(1)  his name and address or those of any person for whom the wine has been bottled, or both;
(2)  the class of the wine;
(3)  the origin of the wine;
(4)  the grape variety, if any;
(5)  the percentage of alcohol;
(6)  the net volume; and
(7)  the designation of effervescence, if any.
O.C. 2166-83, s. 5.
6. Where a wine is bottled by the holder of a wine maker’s permit under his proprietary brand, the name of no other person may appear on the wine container.
In this section, “proprietary brand” means a brand of alcoholic beverage authorized under the Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit (O.C. 2165-83, 83-10-19).
O.C. 2166-83, s. 6; O.C. 458-2001, s. 2; O.C. 763-2004, s. 2; O.C. 338-2008, s. 1.
7. Where the name and address of a person other than the holder of a wine marker’s permit appears on a wine container, the origin of the wine must correspond to the country indicated in the person’s address except where the address is in Québec.
O.C. 2166-83, s. 7; O.C. 1558-85, s. 3.
8. The origin of a wine is indicated as follows:
(1)  “made in Québec” or “made in Canada”: where a wine is made in Québec with or without the addition of wine from outside Québec;
(2)  “product of Québec” or “product of Canada”: where a wine is made from grapes harvested in Québec or Canada;
(3)  “product of (name of country of origin)”: where a wine comes solely from the country specified;
(4)  “product of (name of country of origin and guaranteed mark of origin – appellation d’origine contrôlée)”: where a wine has guaranteed mark of origin (appellation contrôlée) in accordance with the legislation of the country of origin; or
(5)  “product of (name of country of origin and varietal indication)”: where a wine is from the country of origin and is made from the grape variety specified, in accordance with the legislation of the country of origin.
O.C. 2166-83, s. 8.
9. The holder of a wine marker’s permit who wishes to use one of the indications in paragraphs 3, 4 or 5 of section 8 shall:
(1)  send the board des alcools, des courses et des jeux a copy of the seal affixed to the wine container when the wine is shipped;
(2)  upon the arrival of the wine in Québec, submit to the board an attestation by the government of the country of origin concerning the origin of the wine and the grape variety, if any;
(3)  where the seal has been broken, satisfy the board that the wine corresponds to the attestation that accompanies it;
(4)  store the wine in identified vats;
(5)  enter daily, in a production registrar, any step in the production, processing, blending, transfer or bottling of a wine governed by this section;
(6)  before shipping bottled wine, declare to the board the origin of the wine and, where wines from any one country are blended, the proportion of each wine blended;
(7)  obtain from the board an attestation of authenticity of the wine’s origin.
O.C. 2166-83, s. 9; O.C. 1797-91, s. 6.
10. The words “château”, “clos”, “côte”, “cru”, “domaine” and “village” or any other indication, in French or in another language, that refer to the words of a mark of origin or to words designating specified areas or vineyards may be used only if the wine corresponds to the mark of origin or comes from the corresponding specified areas or vineyards.
O.C. 2166-83, s. 10; O.C. 1797-91, s. 7.
11. The effervescence of a wine is designated by one of the following expressions:
(1)  “crackling”: where a wine naturally contains carbon dioxide under a pressure of between 1.2 and 2 absolute atmospheres, measured at a temperature of 10 ºC;
(2)  “crackling carbonated”: wine to which carbon dioxide is added under a pressure of between 1.2 and 2 absolute atmospheres, measured at a temperature of 10 ºC;
(3)  “sparkling”: wine which naturally contains carbon dioxide under a pressure of between 3 and 5 absolute atmospheres, measured at a temperature of 10 ºC; or
(4)  “sparkling carbonated”: wine to which carbon dioxide is added under a pressure of between 3 and 5 absolute atmospheres, measured at a temperature of 10 ºC.
The word “carbonated” may be replaced by the expression “artificial effervescence”.
O.C. 2166-83, s. 11.
12. The holder of a wine maker’s permit may indicate production method on the containers of the effervescent wine he makes or bottles.
In the case of sparkling wine one of the following expressions must be used:
(1)  “bulk process”: where the last stage of fermentation takes place in closed vats; or
(2)  “Champagne process”: where the last stage of fermentation takes place in the bottle.
In the case of crackling wine, the expression must be “bulk process” where the last step of fermentation takes place in closed vats.
O.C. 2166-83, s. 12.
13. The holder of wine maker’s permit may indicate on the containers the sugar content of the wine he makes or bottles.
The sugar content is indicated as follows:
(1)  for sparkling table wine:
(a)  “brut”: where the residual sugar content is less than 15 g/L;
(b)  “extra dry”: where the residual sugar content is between 15 and 20 g/L;
(c)  “dry”: where the residual sugar content is between 20 and 35 g/L;
(d)  “medium dry”: where the residual sugar content is between 35 and 50 g/L; or
(e)  “sweet”: where the residual sugar content exceeds 50 g/L;
(2)  for still or for crackling table wine:
(a)  “dry”: where the residual sugar content is less than 4 g/L;
(b)  “medium dry”: where the residual sugar content is between 4 g/L and 12 g/L;
(c)  “medium sweet”: where the residual sugar content is between 12 g/L and 50 g/L; or
(d)  “sweet”: where the residual sugar content exceeds 50 g/L;
(3)  for fortified, flavoured or apéritif (appetizer) wine , effervescent or still:
(a)  “extra dry” or “dry”: where the residual sugar content is less than 40 g/L; or
(b)  “sweet”: where the residual sugar content exceeds 45 g/L; or
(4)  for fortified wine described as “liqueur wine”, “Canadian port” or “Canadian sherry”:
(a)  “dry”: where the residual sugar content is less than 25 g/L;
(b)  “medium dry”: where the residual sugar content is between 30 and 60 g/L; or
(c)  “sweet”: where the residual sugar content exceeds 65 g/L.
O.C. 2166-83, s. 13.
14. Any description, mark, brand or reference concerning a wine must be true and exact. It must not lend itself to any confusion in consumers’ minds regarding the origin, class, grape variety or year of vintage; nor may it refer to any other alcoholic beverage.
O.C. 2166-83, s. 14; O.C. 1797-91, s. 8.
15. The holder of a wine maker’s permit may, through fermentation, make alcoholic beverages other than beer, cider, spirits or wine, from fruit other than apples, from other plants or from honey.
O.C. 2166-83, s. 15.
16. A fruit-based alcoholic beverage must:
(1)  contain not less than 1.5% or more than 7% alcohol by volume;
(2)  be made by alcoholic fermentation of fruit in the proportion of not less than 60% of the alcohol contained therein.
The holder of a wine maker’s permit must provide a list of the ingredients on the principal label of its container, where fruit juice, aromatic substances, natural or mineral water or carbon dioxide gas have been added to the fruit-based alcoholic beverage.
O.C. 2166-83, s. 16; O.C. 1134-86, s. 1.
16.1. The holder of a wine maker’s permit may also, through fermentation and by adding alcohol in an auxiliary way, make alcoholic beverages other than beer, cider, spirits and wine, from fruits other than apples and picked in Québec.
O.C. 1254-84, s. 1.
16.2. An alcoholic beverage listed in section 16.1 must:
(1)  contain 10% to 20% of alcohol by volume;
(2)  contain at least 80% of juice extracted from fruits picked in Québec by volume of the finished product.
O.C. 1254-84, s. 1.
16.3. The holder of a wine maker’s permit is also permitted to make wine-based alcoholic beverages to which fruit juice or aromatic substances are added, and that are not beer, cider, spirits or wine.
O.C. 2638-84, s. 1; O.C. 1134-86, s. 2.
16.4. A wine-based alcoholic beverage covered by section 16.3 must contain not less than 1.5% and not more that 7% alcohol by volume; it may contain natural or mineral water and carbon dioxide gas.
O.C. 2638-84, s. 1; O.C. 1134-86, s. 2.
16.5. The holder of a wine maker’s permit must enter on the principal label of the container of any wine-based alcoholic beverage covered by section 16.3 a list of the ingredients it contains.
O.C. 2638-84, s. 1; O.C. 1134-86, s. 2.
17. The holder of a wine marker’s permit must enter on the principal label of fruit-based alcoholic beverages and wine-based alcoholic beverages manufactured or bottled by him, in bold, indelible, legible and conspicuous type, the following particulars:
(1)  his name and address;
(2)  the indication “product developed in Québec” or “product developed in Canada” or “product of Québec”, or “product of Canada”;
(3)  the indication “-based alcoholic beverage” (stating the fruit from which it is derived), “wine-based alcoholic beverage” or “wine drink”, or “light drink”, where it contains not more than 7% alcohol by volume;
(4)  the percentage of alcohol contained;
(5)  the net volume.
O.C. 2166-83, s. 17; O.C. 1254-84, s. 2; O.C. 1558-85, s. 4; O.C. 1134-86, s. 3.
17.1. The holder of a wine maker’s permit is permitted to enter on the principal label of alcoholic beverages covered by section 16.3 and bottled by him, the name and address of the real owner of the brand name where the alcoholic beverage has already been marketed under that name outside Québec and the use of that brand name has been granted to him by licence or otherwise.
O.C. 1134-86, s. 4.
18. Alcoholic beverages marketed before 21 December 1982 are exempt from the application of sections 10 and 14 until they cease to be marketed in Québec. Those alcoholic beverages shall no longer benefit from such exemption if they are re-marketed in Québec.
O.C. 2166-83, s. 18; O.C. 1797-91, s. 9.
19. Any indication, name, brand or reference relating to a fruit-based or wine-based alcoholic beverage must be precise and correct.
It may not refer to another alcoholic beverage or an appellation contrôlée.
O.C. 2166-83, s. 5 ; O.C. 1134-86, s. 5.
20. The container of a wine or alcoholic beverage and the cartons or boxed used for shipping must bear a production code indicating the bottling date in legible and indelible type.
O.C. 2166-83, s. 20.
21. (Revoked).
O.C. 2166-83, s. 21; O.C. 1797-91, s. 10.
22. (Omitted).
O.C. 2166-83, s. 22.
(Revoked)
O.C. 2166-83, Sch. 1; O.C. 1797-91, s. 11.
REFERENCES
O.C. 2166-83, 1983 G.O. 2, 3671
O.C. 1254-84, 1984 G.O. 2, 2023
O.C. 2638-84, 1984 G.O. 2, 4022
O.C. 1558-85, 1985 G.O. 2, 3712
O.C. 1134-86, 1986 G.O. 2, 2068
O.C. 1797-91, 1992 G.O. 2, 16
S.Q. 1993, c. 39, s. 95
O.C. 458-2001, 2001 G.O. 2, 2168
O.C. 763-2004, 2004 G.O. 2, 2455A
O.C. 338-2008, 2008 G.O. 2, 1190