S-13, r. 1 - Purchase and Bottling of Spirits Regulation

Updated to 1 March 2018

This document has official status.

chapter S-13, r. 1

Purchase and Bottling of Spirits Regulation

Act respecting the Société des alcools du Québec

(chapter S-13, ss. 26 and 37).

DIVISION I SCOPE

1. The holder of a distiller’s permit may, under this Regulation, purchase or bottle the following spirits, whose composition is described hereunder:

(1)  armagnac: wine spirits made in the Armagnac region of France;

(2)  brandy: spirits obtained exclusively from distillation of the product of fermentation of grapes to which no sugar has been added; brandy must contain a total quantity of volatile elements, other than ethanol, in excess of 150 grammes/hectolitre of pure alcohol;

(3)  cognac: wine spirits made in the Cognac region of France;

(4)  dry gin: spirits obtained exclusively from redistillation of rectified grain alcohol, with the addition of aromatic substances and especially of juniper berries; no sugar may be added after redistillation;

(5)  rum: spirits obtained exclusively from the distillation of the product of wash of molasses or of syrups obtained from the manufacture of cane sugar or of undefecated sugar cane juice; rum must contain a total quantity of volatile elements, other than ethanol, in excess of 200 grammes/hectolitre of pure alcohol, except light rum, which must contain not less than 60 grammes/hectolitre of pure alcohol; no sugar may be added after distillation;

(6)  tequila or mescal: spirits made by fermentation of the sap of the agave cactus or mescal cactus, distilled in Mexico;

(7)  vodka: spirits obtained exclusively from processing of rectified grain or potato alcohol, in the presence of activated charcoal so that the product has no distinctive character, aroma or taste; no sugar may be added after distillation;

(8)  Scotch whisky: whisky distilled in Scotland as Scotch whisky;

(9)  Irish whisky: whisky distilled in Northern Ireland or in the Republic of Ireland.

For the purposes of subparagraphs 2 and 5 of the first paragraph, “volatile substances” means the acids, esters, aldehydes and higher alcohols whose concentrations are expressed respectively in acetic acid, ethyl acetate, acetaldehyde and butyl alcohol.

O.C. 1411-85, s. 1.

DIVISION II RIGHTS OF THE HOLDER OF A DISTILLER’S PERMIT

2. The holder of a distiller’s permit is authorized to purchase or bottle in Québec the spirits designated by the following names:

(1)  armagnac;

(2)  brandy;

(3)  cognac;

(4)  dry gin;

(5)  rum;

(6)  tequila or mescal;

(7)  vodka;

(8)  Scottish whisky;

(9)  Irish whisky.

O.C. 1411-85, s. 2; O.C. 44-2018, s. 1.

3. The holder of a distiller’s permit is also authorized to purchase or bottle in Québec on behalf of a foreign supplier the spirits designated by the following names provided that they are intended for sale outside Canada:

(1)  brandy;

(2)  dry gin;

(3)  rum;

(4)  vodka.

O.C. 1411-85, s. 3.

DIVISION III OBLIGATIONS OF THE HOLDER OF A DISTILLER’S PERMIT

4. (Revoked).

O.C. 1411-85, s. 4; O.C. 44-2018, s. 2.

5. The holder of a distiller’s permit who, when the spirits covered by section 1 are bottled, mixes or alters such spirits, may not attribute to such spirits their original names unless he satisfies the following conditions:

(1)  any mixture with other spirits is made with spirits of the name and the same place of origin;

(2)  any reduction in alcoholic strength to the degree required is made by adding distilled or demineralized water;

(3)  any correction of the colour is made by adding caramel.

O.C. 1411-85, s. 5.

6. The holder of a distiller’s permit shall mark in bold, indelible, legible and conspicuous type on the principal label of the containers of spirits covered by subparagraphs 1, 3, 6, 8 and 9 of the first paragraph of section 1, the following particulars:

(1)  his name and address or the name and address of any person for whom the spirits are bottled;

(2)  the name of the spirits;

(3)  the place of origin of the spirits identified as follows:

product of (country of origin and name of spirits);

(4)  the actual percentage of alcohol;

(5)  the net volume;

(6)  the number of his permit.

O.C. 1411-85, s. 6; O.C. 44-2018, s. 3.

7. (Revoked).

O.C. 1411-85, s. 7; O.C. 44-2018, s. 4.

8. The holder of a distiller’s permit who indicates the origin of spirits in accordance with paragraph 3 of section 6 shall fulfil the following obligations:

(1)  the permit holder shall keep, for later verification by the Régie des alcools, des courses et des jeux, identification of the seal affixed to the container of spirits at the time of shipping;

(2)  the permit holder shall keep, for later verification by the board, upon arrival of the spirits in Québec, a government attestation of the country of origin indicating the origin, age and aging of the spirits;

(3)  the permit holder shall be able to demonstrate, at the board’s request, if the seal is broken, that the spirits correspond to the attestation accompanying them;

(4)  the permit holder shall store the spirits in identified vats;

(5)  the permit holder shall enter daily in a production register any activity of production, processing, mixing, decanting or bottling that involves spirits referred to in section 1;

(6)  the permit holder shall be able to declare, at the board’s request, before shipping the bottled spirits, the origin of the spirits and, in the case of a mixture of spirits from the same country, the proportion of each of the spirits used.

O.C. 1411-85, s. 8; O.C. 1797-91, s. 12; O.C. 44-2018, s. 5.

9. The holder of a distiller’s permit who bottles spirits covered by section 1 shall mark on the container and the shipping case of the spirits a production code indicating clearly and indelibly the date of bottling or the lot number.

O.C. 1411-85, s. 9; O.C. 44-2018, s. 6.

10. (Omitted).

O.C. 1411-85, s. 10.

REFERENCES

O.C. 1411-85, 1985 G.O. 2, 3651

O.C. 1797-91, 1992 G.O. 2, 16

O.C. 44-2018, 2018 G.O. 2, 257