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Wine - Making wine

If you make or package wine (grape wine, fruit or vegetable wine, cider and mead) for trade or export, then you must comply with the Wine Act 2003. This page takes you through the requirements of the Wine Act and what you need to do to comply. This includes information to help you develop and register your wine standards management plan (WSMP).

Wine standards

All wine made in New Zealand must meet New Zealand’s wine standards. These standards include those set under the Wine Act (regulations and specifications) and the relevant requirements of the Australia New Zealand Food Standards Code. Most winemakers demonstrate compliance with wine standards with a registered wine standards management plan (WSMP).
Wine Regulations 2006
Wine (Specifications) Notice 2006 [PDF: 68 KB, 9 pages]
Australia New Zealand Food Standards Code

Labelling and composition standards

Labelling and composition standards for wine include those on:

• permitted additives and processing aids

• labelling for alcoholic beverages

• grape wine label statements.

Labelling and composition requirements for wine

Water standard

All water used in winemaking must be ‘clean water’. There are two criteria for clean water:

1. E. coli <1 in 100mL sample

2. Turbidity <5 NTU

Own-supply water (water supplied by the winemaker such as tank water, bore water, river water) must be tested every year to determine whether it meets the criteria for clean water.

Water obtained from town supply, or from a third party who meets requirements of the Health Act 1956, is considered to be ‘clean water’ and does not need to be tested.

See Schedule 1 of the Wine (Specifications) Notice 2006 [PDF: 68 KB, 9 pages]

Water tests

Winemakers who need to get their water tested must ensure that water samples are taken from the point of use. Tests for E. coli must be performed at one of the following laboratories:

• any laboratory accredited to ISO 17025

• recognised by the Ministry of Health
List of Ministry of Health water testing laboratories

• otherwise approved by the Director-General, eg Animal Products, Laboratory Approval Scheme
List of other Director-General approved laboratories

• recognised dairy agencies
List of recognised dairy laboratories

Most winemakers need a wine standards management plan

The Wine Act requires most winemakers to have a wine standards management plan. A small number of winemakers are exempt from the requirement to have a wine standards management plan.

You are a winemaker under the Wine Act if you make wine for reward (but not as an employee), or for the purposes of trade. Winemaking means any or all processes or actions from the receival of the commodity (grapes, fruit, vegetables, honey) through to the dispatch of packaged, labelled wine. This includes:

• crushing or pressing the commodity for juice

• fermenting the commodity or juice into wine

• storage, blending, or mixing a wine or wines

• bottling or otherwise packaging wine

• labelling wine.

Contract winemakers, independent bottlers, and mobile bottlers are all winemakers under the Wine Act.

You must submit a wine standards management plan to NZFSA before you make any wine intended for trade or retail sale.

Exemptions from having a wine standards management plan

What is a wine standards management plan?

A wine standards management plan demonstrates how you are complying with the standards and requirements of the Wine Act. A wine standards management plan is made up of several documents:

• Wine standards management plan outline

• Approved wine standards management plan code of practice (or the winemaker’s own programme that has been independently evaluated). There are two approved wine standards management codes of practice – one for grape wine and one for fruit wine, cider and mead.

• Generic HACCP (Hazard Analysis Critical Control Point) plan

• Winery site plan

• Your own records and documents

WSMP arrangements for winemakers who share facilities

A wine standards management plan is linked to a specific winemaking place – a winery. A winery may be used by more than one winemaker or by more than one business. It is not necessary for each winemaker who uses the winery to have a wine standards management plan. There are three options for winemakers who share winemaking facilities:

1. Each winemaker has an individual wine standards management plan.

2. One winemaker takes responsibility for a wine standards management plan that covers all wine made at that winery. This winemaker assumes responsibility for all winemaking activities that occur at that winery.

3. There is one wine standards management plan for the winery, but the winemakers who share the facilities also share the wine standards management plan responsibilities. This is generally managed through a formal arrangement or agreement.

Whatever decision is made, all parties need to be clear on the decision and the responsibilities. Winemakers may decide to clarify these through contracts or agreements.

If several winemakers are making wine under a single wine standards management plan (Option 3 above), each winemaker must make sure all records and relevant documents are available during verification.

5 steps to your wine standards management plan

If you need a wine standards management plan, it is essential that you read the following document before you do anything else. It steps you through the process for developing a WSMP. The process is the same for all types of winemakers.
5 steps to your wine standards management plan

Here are answers to questions winemakers have asked about wine standards management plans:
Frequently asked questions about wine standards management programmes (FAQs)

Grape winemakers – wine standards management plan documents

This section provides a ‘kit’ of documents that you need in order to register a wine standards management plan. Note that you will also need to supply a site plan of your winery.

Overview of the wine standards management plan process

This overview was shown at a series of workshops in May 2008. NZFSA and New Zealand Winegrowers held these workshops to help grape winemakers develop and register their wine standards management plan (WSMP).
NZFSA wine standards management plan workshop presentation [PDF: 251 KB, 17 pages]

Wine standards management plan outline

You must complete this outline. You have to indicate whether or not you are following an approved code of practice, nominate a WSMP contact and provide some administrative and legal information.
Wine standards management plan outline: grape wine

Approved wine standards management plan code of practice

The New Zealand Winegrowers wine standards management plan code of practice outlines procedures and requirements to meet wine standards, including record-keeping requirements. It is not mandatory to follow the code of practice. However, if you choose not to follow it, alternative documentation will need to be independently evaluated to ensure your procedures meet WSMP requirements.
Wine standards management plan code of practice for grape wine [PDF: 151 KB, 32 pages]

Generic HACCP (Hazard Analysis Critical Control Point) plan

The HACCP application outlines processing steps, hazards and controls for winemaking. If you carry out a process that is not covered by the generic HACCP plan, then you will need to develop an additional HACCP plan for that process.
Generic HACCP application: production of grape wine

Checklists, templates and forms for grape winemakers

You can use this checklist before vintage to help you meet wine standards management plan requirements.
Pre-vintage checklist

You can use these recordkeeping templates to record information on additives and chemicals for your wine standards management plan.
Record keeping template – additives and chemicals used in the winery

Forms for all winemakers (including WA4 application for registration of wine standards management plan)

Fruit wine, cider and mead makers –wine standards management plan documents

This section provides a ‘kit’ of documents that fruit wine, cider and mead makers need in order to register a wine standards management plan.

Wine standards management plan outline

You must complete this outline. You have to indicate whether or not you are following an approved code of practice, nominate a WSMP contact and provide some administrative and legal information.
Wine standards management plan outline - fruit wine, cider and mead [PDF: 20.3 KB]

Approved wine standards management plan code of practice

This document outlines procedures and requirements to meet wine standards, including record-keeping requirements. It is not mandatory to follow the code of practice. However, if you choose not to follow it, alternative documentation will need to be independently evaluated to ensure your procedures meet WSMP requirements.
Wine standards management plan code of practice - fruit wine, cider and mead

Generic HACCP (Hazard Analysis Critical Control Point) plan

This outlines processing steps, hazards and controls for winemaking. If you carry out a process that is not covered by the generic HACCP plan, then you will need to develop an additional HACCP plan for that process.
Fruit wine, cider and mead HACCP application

Checklists, templates and forms for fruit wine, cider and mead makers

You can use this checklist at the start of the season to help you meet wine standards management plan requirements.
Pre-season checklist

You can use these record keeping templates to record information for your wine standards management plan.
Record keeping templates – receival, winemaking, blending, chemicals stored in the winery

Forms for all winemakers (including WA4 application for registration of wine standards management plan)

Changes to your wine standards management plan

If you make changes to your wine standards management plan you need to notify NZFSA.

A change may be either a ‘significant’ or ‘minor’ amendment. Below are some examples of significant and minor amendments to WSMPs.

These examples do not cover all possible amendments. Please contact your verifying agency in the first instance if you are unsure whether the amendment to your WSMP is significant or minor.

Significant amendments to WSMPs

If the amendment is significant, the operator of a registered wine standards management plan must amend that plan, and apply for registration of the amendment, where any change, event, or other matter means that the plan:

• is no longer appropriate, or will no longer be appropriate, to the wine, processes, or premises or place covered by the plan, or

• otherwise impacts, or will impact, on the fitness for its intended purpose of the wine concerned or the content of the wine standards management plan.

See section 22 of the Wine Act 2003.
Wine Act 2003 – New Zealand legislation website

Examples of significant amendments

If you make a significant amendment to your WSMP, you need to notify NZFSA by completing one of the forms below. The form you need to complete (and any associated fees and charges) depends on the nature of the amendment. Examples of significant amendments are provided below.

Use form WA5 for a change of operator.

WA5 application form - Registration of wine standards management plan under new operator [PDF 23 KB] [RTF 215 KB]

Use form WA6 for the following significant amendments:

• Change of premises (address)

• Extension of boundary from existing WSMP site plan, unless operator can give a hazard-based justification as to why the extension should be considered minor

• Change to activities (receipt of grapes, receipt of wine/juice, winemaking, bottling, labelling, storage)

• Changing from making fruit wine, cider and mead to grape wine

• Addition of site to multi-site WSMP

• Addition of business to multi-business WSMP

• Changing from following an approved code of practice to alternative programme requiring independent evaluation.

WA6 application form - Registration of amendment to wine standards management plan [PDF 40 KB ] [RTF 2.2 MB ]

Use form WA9 for a change of recognised agency.

WA9 application form - Change of recognised agency for verification purposes [PDF 26 KB] [RTF 297 KB]

Minor amendments to WSMPs

Minor amendments, as defined by the Wine Act:

• are of such a nature as not to require registration under section 22 (significant amendments), and

• have not been previously notified to the Director-General under section 22.

See sections 23 and 27 (surrender of WSMP) of the Wine Act 2003.
Wine Act 2003 – New Zealand legislation website

Examples of minor amendments

If you make a minor amendment to your WSMP, you need to notify NZFSA by completing the WA12 form. Examples of minor amendments are provided below:

• Surrender of WSMP

• Change of trading name

• Change of address but not premises (for example, council changes the road numbering system, change of postal address)

• Change of responsible person

• Reduction of boundary

• Change to products (still wine, sparkling wine, fortified wine, wine product, wine based liqueur)

• Changing from making grape wine to making fruit wine, cider and mead

• Removal of site from multi-site WSMP

• Removal of business from multi-business WSMP.

WA12 application form – Update to wine standards management plan [PDF29 KB ] [RTF 1.13 MB ]

Suspension of your winemaking operations

NZFSA can suspend any or all of your winemaking operations for a period of up to three months if we have grounds to believe:

• the wine standards management plan is no longer effective

• the wine made under the wine standards management plan no longer meets requirements of the Act.

See section 24 of the Wine Act 2003

Deregistration of your wine standards management plan

NZFSA can de-register a wine standards management plan under section 25 of the Wine Act 2003.
See section 25 of the Wine Act 2003

Removal of a business from a wine standards management plan

NZFSA can remove a wine business from a multi-business wine standards management plan under section 26 of the Wine Act 2003.
See section 26 of the Wine Act 2003

Verification – what it means for winemakers

Verification is the process of checking compliance with the requirements of the Wine Act. The purposes of verification are to:

• determine whether you are meeting the regulatory requirements relevant to your operations

• give the verifier confidence that you will be able to meet these requirements in the period between the current and the next verification.

Compliance with wine standards management plans must be verified annually by a person recognised under the Wine Act to perform verification activities and functions. You are responsible for ensuring that your wine standards management verification occurs prior to the annual deadline.

You need to confirm your recognised verifier before you can register your wine standards management plan.

When you sign your wine standards management plan outline, you agree to grant your chosen verifier

• access to all winemaking places and facilities, documents and records

• freedom to examine all necessary things

• freedom to mark or identify wine, winemaking inputs, equipment or associated things that are within the scope of your wine standards management plan.

A verifier does not have the power to remove items from your winery or to stop production.

Recognised persons list - wine verifiers
More about verification

Exemptions to wine standards management plans

A small number of winemakers are exempt from the requirement to have a wine standards management plan.

Winemakers who only affix labels to packaged wine

Businesses that are solely engaged in the labelling of packaged wine are exempt from the requirement to operate under a registered wine standards management plan.
See regulation 5 of the Wine Regulations 2006

Very small winemakers

Winemakers are exempt from the requirement to register a wine standards management plan if they meet two criteria:

1. they make less than 10,000 litres of wine each year, and

2. all their wine is sold in New Zealand.

If you would like to use this exemption provision, you must notify the NZFSA that you meet the exemption criteria by using form WA3. There is no charge for this notification. All winemakers who have submitted form WA3 to the NZFSA are listed on the exempt small winemakers list.

Regulation 5A of the Wine Regulations 2006
Small winemakers exemption - WA3 notification form [PDF: 26 KB, 2 pages] [RTF: 67KB, 2 pages]

Regulation 5A provides an exemption only from the requirement to register a wine standards management plan. It does not provide an exemption from the wine standards. All winemakers, including those who meet the criteria in regulation 5A, must meet the wine standards. The easiest way to meet the wine standards is to follow an approved code of practice.
Wine standards management plans codes of practice

Limited wine standards management plan exemption for specified winemakers

Some winemakers also make other food products. These businesses are subject to both the Wine Act 2003 and the Food Act 1981. To reduce the cost of complying with both these Acts, NZFSA has issued a section 11 notice under the Wine Act that exempts named businesses from the requirement to have a wine standards management plan. Instead, the named businesses must ensure that all their food and winemaking operations comply with the Food Act.

Wine (Exemption from Wine Standards Management Plan) Notice 2 2008 [PDF: 54 KB, 3 pages]

Options for winemakers making food in addition to making wine

If you make wine products (beverages that contain at least 70% wine) as well as making wine, you can choose to include wine products in the scope of your wine standards management plan, or to comply with the Food Act. If you choose to include wine products in your wine standards management plan, all the wine standards apply to your wine products.

If you make other food products in addition to making wine, you are subject to both the Wine Act 2003 and the Food Act 1981. Depending on the nature and scope of your business, there may be options for you to reduce the costs associated with complying with both pieces of legislation.
Contact NZFSA to discuss your options

Contact for winemaking enquiries

wine.query@nzfsa.govt.nz

Last updated 16 September 2009