34. Special provisions regarding spirits manufactured by agricultural distillers

 

(1)     The manufacture of spirits by an agricultural distiller shall be subject to such supervision by an officer as the Controller may in each case consider necessary.

[Subsection (1) substituted by section 22 of Act 45 of 1995]

 

(2)     An allowance may be made by the Controller for natural waste and evaporation on all spirits of his own distillation stored by an agricultural distiller on his farm, to the extent specified in Schedule No. 6, if no part of such loss was wilfully or negligently caused.

[Subsection (2) substituted by section 22 of Act 45 of 1995]

 

(3)     No agricultural distiller shall use his still for distilling spirits from any material other than produce grown on the farm of which he is the owner or occupier and which is of a kind prescribed by rule in respect of the class of agricultural distiller to which he belongs.

[Subsection (3) substituted by section 22 of Act 45 of 1995]

 

(4)     Subject to the provisions of this Act and the Liquor Act 1989 (Act No. 27 of 1989), the provisions of section 20(4) of this Act shall mutatis mutandis apply in respect of spirits manufactured from grapes by any class of agricultural distiller specified by the Commissioner by rule, and for the purpose of such application any reference in the said subsection to a customs and excise warehouse shall be deemed to be a reference to the farm on which such spirits are manufactured.

[Subsection (4) substituted by section 3 of Act 86 of 1982 and section 22 of Act 45 of 1995]

 

(5)     Spirits manufactured by an agricultural distiller in the Republic from any prescribed fruit shall be solely for his private use on the farm where such fruit was produced and such spirits were manufactured.

[Subsection (5) substituted by section 2 of Act 19 of 1994 and section 60 of Act 30 of 1998]

 

(6)     Notwithstanding the provisions of subsection (5), the Commissioner may allow spirits so manufactured to be used or disposed of in such circumstances and at such places as he may deem fit and subject to such conditions as he may impose in each case.

[Subsection (6) added by section 1 of Act 69 of 1988]