Jessica Pater

1
Australian Wine Law Steve Guy, April 07
Understanding Compliance Requirements June 28
2006

• Jessica Pater

2
Australian Success Factors

• High proportion of the internationally recognised
  grape varieties
• Highly educated workforce
• Outstanding Research and Development capabilities
• Industry unity
• Ability to supply large supermarkets with branded
  product- critical mass in large exporters
• Flexible regulatory environment allowing for
  innovation in winemaking and marketing
• Robust export controls
• Diversity of wine styles and wine regions-
  quality/value
• Offer branded product rather than wines
  classified by appellation

3
Australian Wine Law

• AWBC Act 1980 and Regulations (Federal)
• Food Standards (FSANZ / States)
• Trade Measurement Packaging legislation (States)
• Trade Practices Act (Federal)
• State Consumer Laws

4
Wine Labels Overview

• Before a wine can be exported, it must
• Comply with the Food Standards Code,
• Comply with the Blending Rules (Label Integrity),
  and
• Then comply with the requirements of the
  importing country.

5
The Blending Rules
Any claim must be listed in descending order of
its proportion in the wine
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Foreign Wine
Beyond Boundaries
What is the minimum amount of foreign wine that
needs to be declared?
The name and proportion of the blend produced in
each country must be displayed in descending
order.
2002
Shiraz
Wine of Australia (99) Chile (1)
7
Winemaker who breaks the law2 years
8
The Label Integrity Program

• FUNDAMENTAL CONCEPTS
• Label Claims are not mandatory however, if a
  label claim is to be made, then an audit trail
  from finished product back to grape purchase must
  exist to substantiate any claim.
• The Label Integrity Program does NOT prescribe
  HOW records are to be kept, only the information
  that must be recorded this gives winemakers
  complete flexibility in choosing a system that
  best suits their needs.
• NOTE Receipt of ALL grapes and grape products at
  a winery must be recorded even if no label claim
  is to be made.

9
Wine Labels Overview Brand Names
Coonawarra 30 Use of a Trade Mark in a
misleading manner is a false description.
Coonawarra Slopes
2005 Cabernet Sauvignon
750 mL
10
Wine Labels Overview Protected Names
Protected names are listed on a register as a
means of formalising and protecting both
Australian agreement countrys GIs and
TEs. It is a false description to use a
protected name in any context, true or not.
Holy Grail
South Eastern Australia 2002 Shiraz Grenache
This classic Rhone style blend of Shiraz and
Grenache from the excellent 2002 vintage has
produced a soft dry red with excellent length of
flavour on the palate.
PRODUCED BY THE GRAIL WINES, 23 WAITE RD,
SEVENHILL, SA 14.0 VOL, APPROX 8 STANDARD
DRINKS, CONTAINS SULPHITES AND MILK PRODUCTS
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Wine Labels Overview Medals

• Medals do not comply with the WFA Code of
  Practice.
• Gold, bronze or silver discs must not be used for
  any other purpose such as anniversaries, events
  etc.
• Only wine shows which enforce the Code of
  Practice will be authorised by the AWBC for
  display on EU labels.

Best Exhibitor
Holy Grail
Winery of the Year
2004 Cabernet Shiraz
Since 1979
750 mL
12
Allergens Health Warnings

• Allergen labelling mandatory in Australia
• Must declare the presence of
• Cereals containing gluten
• Egg products
• Fish products
• Milk products
• Nut products
• Even when used as a processing aid
• Sulphites statement mandatory in EU from 2005,
  other allergens exempt at least until November
  2007.
• - France Health Warning for pregnant women (Oct
  2007).
• - UK Looking at introducing a health warning
  standard drinks labelling.
• - Finland Looking to introduce two health
  statements.
• Health Warning in US for many years. Allergens
  will be introduced in the United States in 2007.
• Allergens labelling creates problems in Asian
  markets.

13
Export Process
14
Export Controls

• License
• Product must be tasted
• Shipments must be approved
• For shipments of bulk wine, consignee must also
  be approved

15
Bulk Wine Procedures

• Developed to
• Manage the potential threat to the image of
  Australian winewhich may arise from the
  uncontrolled handling, storage and bottling of
  the bulk wine.

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Bulk Wine Procedures

• Consignee must be
• Approved prior to export
• Accredited to (or working towards)
• BRC (British Retail Consortium) technical
  standard or
• ISO 22000 standard or
• HACCP ISO 9000 standards or
• International Food Standard (IFS) or
• A standard equivalent to the BRC.
• Exemptions made where wine is
• not identified as Australian (ISO 9000 or HACCP).
• used in a food product.
• used for sacramental purposes.

17
Bulk Wine Procedures

• Bulk Returns
• Randomly requested from bulk shipments.
• 2 fully dressed samples are returned along with
  the bulk return declaration.
• Allowed four months to return samples.
• Wine is tasted and label checked.
• Consignee may be suspended if quality problems
  identified.

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AWBC Website

• For further information on
• Wine Law, making labelling
• GI names and maps
• Label Integrity Program
• Exporting Wine
• Export Market Guides
• Information, statistics publications
• Visit www.awbc.com.au