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Wine - Overview

The New Zealand wine industry has come a long way from its humble beginnings more than 100 years ago. Grape growing and winemaking are now major industries in several regions, and the wine from New Zealand’s 300 or so winemakers makes a significant contribution to New Zealand’s export revenue.

The majority of wine made in New Zealand is grape wine. Other wines include apple cider, fruit wines and honey mead.

The Wine Act 2003

New Zealand’s Wine Act 2003 came into force on 1 January 2004 and was fully implemented on 1 December 2008. The Act is administered by the New Zealand Food Safety Authority (NZFSA).

The implementation of the Wine Act set rules and regulations for the making and exporting of all New Zealand wine. It replaced the Wine Makers Act 1981 and the Wine Makers Levy Act 1976. It introduced cost recovery (fees and charge for government services) and changed the legal mechanism for establishing wine levies.

The Wine Act covers all types of wine, including grape wine, fruit and vegetable wine, cider and mead. It can apply to the production of commodities used to make wine, and to wine products (products that contain at least 70% wine).

The purposes of the Wine Act

The purpose of the Wine Act is to protect public health and ensure the integrity of New Zealand wine in New Zealand and internationally. To meet these goals, the Act has 6 objectives:

1. set standards for identity, truth in labelling, and the safety of wine

2. minimise and manage the risks to human health arising from the making of wine and to ensure compliance with wine standards

3. facilitate the entry of wine into overseas markets by providing the controls and mechanisms needed to give and safeguard official assurances issued for the purpose of enabling entry into those markets

4. enable the setting of export eligibility requirements to safeguard the reputation of New Zealand wine in overseas markets

5. promote consultation with industry organisations on the regulation of the industry, as an aid to fostering efficiency and growth

6. enable levies to be imposed on winemakers for payment to entities representing their interests for the funding of industry-good activities.

The Wine Act provides several ways in which to set standards and requirements to meet its objectives. Some requirements are contained in the Act itself (also known as primary legislation). The Act enables standards and requirements to be made by regulation (secondary legislation) and Director-General notices, directions, and conditions (tertiary legislation).
All legislation established under the Wine Act

NZFSA administers the Wine Act

NZFSA is responsible for administering the Wine Act. This means that NZFSA sets the standards and requirements under the Act, registers wine standards management plans, is responsible for the export system, recognises independent third parties (recognised agencies and persons) to undertake functions and activities for the purposes of the Act, sets and monitors the compliance system and takes enforcement action.

NZFSA has worked with the wine industry (both the grape wine industry and fruit wine, cider and mead makers) during the implementation of the Wine Act. Working together has helped us develop standards and requirements that meet the objectives of the Act and take into account wine’s low food safety risk.

Winemakers – your responsibilities under the Wine Act

If you make wine, you need to comply with the Wine Act 2003. Read on for the key requirements and links to more detailed information.

You are a winemaker under the Wine Act if you undertake any winemaking activity, from the receival of commodities to be made into wine, through to the dispatch of wine for retail sale.

You are not a winemaker if you make other alcoholic beverages (eg beer, spirits, RTDs) or non-alcoholic beverages (eg fruit juice, soft drinks). If you are making these types of products, refer to:
Requirements for processed food and retail sale

If you are a winemaker, you are responsible for ensuring that your wine meets the wine standards and requirements set under the Wine Act. These include standards for:

• labelling and label claims

• composition (eg additives, processing aids, contaminants, use of water)

• production

• traceability and record keeping

• winemaking.

Most winemakers need a wine standards management plan

Most winemakers (including contract winemakers, bottling plants and mobile bottlers) must show that they are complying with the Wine Act by operating a wine standards management plan (WSMP) that has been registered with NZFSA. A wine standards management plan is a set of documents that you submit to NZFSA, detailing your winemaking processes and practices and some winery details.

See the section on wine standards management plans in the link below.
Wine standards management plans

Exemptions from wine standards management plans

A small number of winemakers are eligible for an exemption from the requirement to operate a registered wine standards management plan. Note that if you make wine for export, you must operate under a registered wine standards management plan, ie you are not eligible for an exemption.
Exemptions from wine standards management plan

Templates to base your wine standards management plan on

Many of the matters covered by wine standards management plans are common to all winemakers. For this reason, NZFSA, in conjunction with New Zealand Winegrowers, Fruit Wine, Cider and Mead Makers of New Zealand and several winemakers, has developed two wine standards management plan templates (based on codes of practice) for winemakers to use. The templates have been designed specifically for well-run, small to medium sized wineries.

Using an NZFSA-approved template is the easiest, most cost-effective way for most winemakers to meet their wine standards management plan obligations.
Wine standards management plan for grape winemakers
Wine standards management plan for fruit wine, cider and mead makers

More about winemakers’ obligations under the Wine Act

Learn more about wine standards, wine standards management plans, codes of practice, and other regulatory requirements for winemakers.
Making wine – complying with the Wine Act 2003

Verification of your WSMP

If you have a registered wine standards management plan, your compliance with it must be checked (verified) regularly by a recognised verifying agency. Your first verification must occur within six months of the date your wine standards management plan was registered. After the first verification, most winemakers will be verified annually (any departures from this are notified). You are responsible for ensuring that verification is completed prior to the deadlines and for paying for the verification visit.
More about verification

Other regulatory obligations for winemakers (other than the Wine Act)

If you are a winemaker, you have other regulatory obligations relating to the production and sale of wine, in addition to those under the Wine Act.

• If you intend to sell wine, you will need a licence issued under the Sale of Liquor Act 1989. To obtain a liquor licence, contact your local territorial authority (local council).

• All alcohol attracts excise duty.
Contact the Excise officer at your local Customs office to work through what you need to do.

Exporting wine

All wine exported from New Zealand is subject to requirements under the Wine Act 2003.

All New Zealand grape wine must meet these export eligibility requirements:

• The wine must have been made at a winery with a verified set of records that demonstrate traceability and truth and accuracy of labelling. These records are part of your wine standards management plan.

• The wine must be determined to be without obvious fault by an independent panel.

If you export New Zealand grape wine but do not make that wine (and therefore do not have a wine standards management plan) you also have record keeping obligations under the Wine Act.

If you export wine to a country that has an overseas market access requirement (OMAR) notified by NZFSA, you must ensure that all the OMAR requirements are met.
Exporting New Zealand grape wine

If you export non-New Zealand grape wine (wine that includes imported wine), or fruit wine, cider or mead, you must be registered as an exporter under the Wine Act. Unlike New Zealand grape wines, these wines do not have to meet export eligibility requirements.
Exporting non-New Zealand grape wine, fruit, vegetable wine, cider or mead

Cost recovery - fees and charges

In the past, most government products and services were provided free of charge. More recently the approach to funding has changed to a user-pays philosophy. This means that individuals are generally required to pay the cost of the service unless there is sufficient justification for taxpayer funding.

NZFSA is required to recover a proportion of the costs associated with administering the Wine Act. To do this, NZFSA charges for some Wine Act activities and services. You will know if there is a fee or charge associated with an activity or service, as it will be stated on the official form or notification for that activity or service.

Options for winemakers making food in addition to making wine

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 of complying with both pieces of legislation.
Contact NZFSA to discuss your options

Contact for enquiries

wine.query@nzfsa.govt.nz

Last updated on 19 June 2009