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

Updated to 1 September 2012

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)  cognac;

(3)  tequila or mescal;

(4)  Scotch whisky;

(5)  Irish whisky.

O.C. 1411-85, s. 2.

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. The holder of a distiller’s permit who purchases the following spirits with the intention of bottling them shall furnish the Minister Economic Development, Innovation and Export Trade an attestation certifying that:

(1)  the armagnac and cognac have been aged for not less than 2 years in their country of origin in casks of not more than 680 litres;

(2)  the Scotch whisky and Irish whisky have been aged for not less than 3 years in their country of origin in casks of not more than 680 litres.

O.C. 1411-85, s. 4.

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;

(4)  the actual percentage of alcohol;

(5)  the net volume;

(6)  the number of his permit.

O.C. 1411-85, s. 6.

7. The place of origin of spirits covered by paragraph 3 of section 6 is identified as follows:

“product of (country of origin and name of spirits)”.

O.C. 1411-85, s. 7.

8. The holder of a distiller’s permit who indicates the origin of spirits in accordance with section 7 shall discharge the following obligations:

(1)  he shall send to 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)  he shall send to the board, upon arrival of the shipment in Québec, a Government attestation of the country of origin indicating the origin, age and aging to the spirits;

(3)  he shall demonstrate to the board, if the seal is broken, that the spirits correspond to the attestation accompanying them;

(4)  he shall store the spirits in identified vats;

(5)  he shall enter daily in a production register any activity of production, processing, mixing, decanting or bottling involving spirits covered by section 1;

(6)  he shall declare to the board, 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;

(7)  he shall obtain from the board an attestation of authenticity of the origin of the spirits.

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

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.

O.C. 1411-85, s. 9.

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