South Africa has a long-established wine industry, but the word ‘wine’ is more than a familiar description for a fermented alcoholic drink. In South African law, it refers to a defined category of liquor product that must meet specific requirements under the Liquor Products Act 60 of 1989, as amended, and its regulations. The SAWIS wine law resource brings together the principal South African wine law documents and provides an industry reference point for the regulatory framework.
Wine starts with grapes
Under section 5 of the Liquor Products Act, wine must be produced from grapes of a prescribed cultivar. The legislation and supporting regulations set out the permitted production processes and requirements that apply to wine. In practical terms, the legal category of wine in South Africa starts with grapes.
A fermented alcoholic beverage made principally from another agricultural ingredient, such as beetroot, apples or berries, does not become wine simply because it has undergone fermentation, resembles wine in appearance or is packaged in a wine-style bottle. The issue is not whether somebody owns the word ‘wine’ as a trademark, but whether a product meets the statutory requirements to be classified and described as wine.
Not every fermented drink is wine
That does not mean alcoholic beverages made from ingredients other than grapes are automatically prohibited. South African liquor law provides for different classes of liquor products, and the appropriate classification depends on factors such as ingredients, production method, composition and alcohol content.
A producer developing a fermented beverage from an unconventional ingredient therefore needs to establish which legal category applies and comply with the production, composition and labelling requirements for that category. Fermentation alone is not what legally defines wine.
Can the word ‘wine’ appear on another liquor product?
The regulations also introduce an important nuance. In limited circumstances, the word ‘wine’ may appear as an additional description in connection with another liquor product, provided the correct class designation is still indicated and the overall presentation does not create a false or misleading impression about the nature of the product. This means the legal position is more precise than simply saying that the word ‘wine’ can never appear in relation to another beverage.
SAWIS publishes the relevant regulations and supporting wine law material on its South African wine law page, while proposed regulatory changes can be followed through documents such as the proposed amendments to the regulations and Wine of Origin Scheme. Proposed amendments should, however, be distinguished from provisions already in force.
Why does the terminology matter?
Product descriptions tell consumers what they are buying, which is one reason terminology is regulated. The word ‘wine’ carries an established meaning within both legislation and the wine industry, while labelling rules help consumers, producers and regulators distinguish between different types of alcoholic beverages.
For wines making claims about geographical origin, vintage or grape variety, another layer of regulation applies through the Wine of Origin Scheme. The SAWIS annotated Wine of Origin Scheme sets out the framework governing certified claims of origin and related particulars. It does not broaden the underlying legal definition of wine; rather, it governs additional claims made by qualifying wines.
What about ‘fruit wine’ or ‘beetroot wine’?
In everyday language, the word ‘wine’ is sometimes used more broadly. Consumers may be familiar with descriptions such as plum wine, rice wine or fruit wine in different markets and cultures. Familiar or traditional terminology, however, does not necessarily correspond with the legal classification of a product in South Africa.
A beverage produced principally through the fermentation of beetroot, for example, would not qualify as wine under section 5 if it does not meet the Act’s grape-based requirements. That fact alone does not establish that the beverage itself is illegal. Whether it may legally be manufactured and sold depends on its formulation, production method, alcohol content, applicable liquor product class, approvals and labelling.
Innovation within a regulated industry
South African entrepreneurs continue to explore value-added products made from locally grown agricultural produce, while established drinks producers are also experimenting with new beverage categories and methods. Innovation and regulation are not mutually exclusive, but new products still need to be classified, labelled and marketed within the regulatory framework that applies to them.
For consumers, the terminology can appear technical, but the central principle is straightforward: under South African liquor legislation, wine is a grape-derived product produced in accordance with prescribed requirements. Other fermented alcoholic beverages may have a legitimate place in the market, but their legal classification and the terminology used to describe them must comply with the applicable legislation and regulations.