Wine Law

526 WINE LAW consumers in Venezuela. In the case of wines, some of these rights are of particular interest: first, the right to the protection of the life, health and safety of the consumer in the access to goods and services, as well as the right of freely chosen them. Parallel to this right, public and private suppliers are required to offer competitive goods and services of the highest quality. Concerning these goods, the consumer has the right to adequate, truthful, transparent, timely and complete information, as well as their prices, characteristics, quality and other relevant aspects of such goods, including the risks that may arise from their use or consumption. The information above is generally included on the wine label – whether national or imported – which, according to Article 258 of the Regulation of the Law on Tax of Alcoholic Beverages, it shall be stated in Spanish. The same article also indicates that, on the label, the following must appear as well: a) the kind of the product; b) the Registry number of the Ministry of Health; c) the real strength expressed in Gay-Lussac degrees; d) the container capacity in litres or fraction; e) the name of the manufacturer or importer, as the case may be; f) the trademark or special signs with which the drink is distinguished; and g) any other requirements that are mandatory according to the legal provisions. Additionally, according to COVENIN Standard 3342:1997 75 , referring to the requirements of wine and its derivatives, the wine label must comply with the requirements established by COVENIN Standard 2952 76 for the labelling of packaged foods [Art. 7(2)(1)]. Likewise, the label must indicate the alcoholic strength in Gay-Lussac degrees or percentage by volume [Art. 7(2)(2)], and it must include the expression, when it comes from fresh grapes, “Wine exclusively made with fresh grapes”. The label must also contain the mention “The consumption of alcohol in excess can be harmful to health” or similar 77 . Due to the prohibition to sell or provide alcoholic substances to children and adolescents, established by Article 92(c) of the Organic Law for the Protection of Children and Adolescents 78 , the labels must also contain the mention “The sale of alcoholic beverages to minors is prohibited”. 13. The disposal and enjoyment of goods and services, in a continuous, regular, effective, efficient and uninterrupted manner. 14. The other rights that the Constitution of the Republic and current regulations establish, inherent to people’s access to goods and services”. 75 Source : http://www.sencamer.gob.ve/sencamer/normas/3342-97.pdf. 76 This standard contains general guidelines regarding food packaging and labeling. Regarding alcoholic beverages, it only refers to the need to indicate the alcoholic degree [Art. 5(2)(2)(6)], in: http://www.sencamer.gob.ve/sencamer/normas/2952-01.pdf. 77 Ministerio del Poder Popular para la Salud, El alcohol y las políticas públicas en Venezuela: dos estudios , Caracas, 2009, p. 53. 78 Special Official Gazette No. 6.185, 8 June 2015.