Wine Law

BRIEF NOTES ON VENEZUELAN WINE LAW 523 part of our current national legislation, being of direct and preferential application to domestic legislation, as provided in article 23 of the Constitution of the Bolivarian Republic of Venezuela”. In addition, the SAPI announces that Venezuela is working “on the ratification of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration and thus incorporate our Controlled Designation of Origin in the international registry” 62 . Thus, according to the SAPI, our registration system for appellations of origin would be based on a treaty with a validity that had previously been rejected by the body itself, on the one hand, and on a treaty that has not yet been ratified by Venezuela, on the other. In this matter, the need for a reform of the current legislation is obvious. Lastly, it should be noted that, in the “National Cartography of potential candidates to obtain a Controlled Designation of Origin in Venezuela”, carried out by the SAPI, the Larenses wines 63 appear as a generic reference to the wines produced by the Instituto de la Uva and by Bodegas Pomar. The latter has recognised that Carora – place where its vineyards are located – has been demonstrating for 26 years characteristics that together with the grape wine varieties can qualify for a Designation of Origin 64 . IV. WINE CONSUMER PROTECTION Since there are no regulations in Venezuela for the protection of the wine consumer, the general regime should, in principle, be applied. However, the general regime is not currently going through its best moment. In this regard, it should be noted the constitutional recognition of consumer rights that occurred, for the first time, in the 1999 Constitution. Indeed, its Article 117 acknowledges the right of all persons to access quality goods and services, to have access to adequate and non-misleading information regarding the contents and characteristics of consumer goods and services, to freedom of choice and fair and equitable treatment. Furthermore, it mandates the legislature to establish the mechanisms necessary to guarantee those rights, the quality and quantity control rules on goods and services, the procedures for consumer defence, the compensation of damages and the sanctions for the breach of those 62 SAPI, Denominación de Origen Controlada en Venezuela …, op . cit ., pp. 17-18. 63 SAPI, Denominación de Origen Controlada en Venezuela …, op . cit ., p. 55. 64 Engineer Guillermo Vargas from Bodegas Pomar, in: http://planetavinedo.blogspot.com/p/vinedo- altagracia-y-bodegas-pomar-cabe.html.