85. Beer of higher alcoholic strength than registered

 

Any manufacturer of beer of whom or which any container of beer not marked for export as contemplated in section 36(9) is found to contain beer of an alcoholic strength by volume higher than the strength registered in terms of section 36(2), after deduction of any tolerance provided in the rules relating to that section, shall be guilty of an offence and liable on conviction to a fine not exceeding R8 000 or treble the value of the goods in respect of which such offence was committed, whichever is the greater, or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment, and the goods in respect of which such offence was committed shall be liable to forfeiture.

[Section 85 substituted by section 4 of Act 68 of 1973, amended by section 16 of Act 52 of 1986 and section 12 of Act 105 of 1992 and substituted by section 57 of Act 45 of 1995, section 7 of Act 44 of 1996 and section 64 of Act 53 of 1999]