Wine Law

LEGAL PROTECTION OF THE CONSUMER OF ALCOHOLIC BEVERAGES 259 products and all articles that contain substances classified as dangerous in their composition must be packaged with the proper safety guarantees and visibly bear the appropriate indications that warn of the risk of handling. Accordingly, the seller of alcoholic beverages is subject to the duties of any employer (art. 13): “a) Prohibition of having or storing products that are not permitted or prohibited by regulation, on the premises or facilities for the production, transformation, storage or transport of food or beverages. b) Maintenance of the necessary control so that the origin, distribution, destination and use of potentially unsafe goods, those containing substances classified as dangerous or those subject to traceability obligations, can be verified quickly and effectively. c) Prohibition of door-to-door sales of beverages and foodstuffs, without prejudice to the distribution, delivery or supply of those purchased or ordered by consumers and users in commercial establishments authorised for sale to the public, and the authorisation of direct door-to-door sales that have been traditionally practiced in certain areas of the national territory. d) Compliance with the regulations established by local entities or, where appropriate, the autonomous communities on the cases, modalities and conditions under which the itinerant sale of beverages and foodstuffs may be carried out. e) Prohibition of the supply of goods that lack the mandatory safety marks or the minimum data allowing the identification of the person responsible for the good. f) Obligation to withdraw, suspend or recover from consumers and users, through effective procedures, any good or service that does not comply with the conditions and requirements or that, for any other reason, poses a foreseeable risk to health or safety of people. g) Prohibition of importing products that do not comply with the provisions of this regulation and its implementing provisions. h) Control requirements for manufactured products likely to affect the physical safety of people, paying in this regard due attention to repair and maintenance services. i) Prohibition of the use of ingredients, materials and other elements likely to create risks to the health and safety of people. In particular, the prohibition of the use of such materials or elements in the construction of houses and premises for public use.”. Moreover, it should also be taken into account that, under article 15 TRLDCU, the Administration, as an administrative intervention mechanism, will be mobilised if detected any kind of adulterated alcoholic beverages. In this sense, and in situations of risk to the consumers and users’ health and safety, the competent public administrations may adopt necessary and proportionate measures to eliminate the risk, including direct intervention, as well as a direct compulsion on people. In these cases, all the generated expenses will be borne by the person who originated them with their conduct, regardless of the