LAW OF THE AZERBAIJAN REPUBLIC

of October 19, 2001 No. 208-IIQ

About wine growing and winemaking

This Law establishes the legal basis of the organization of wine growing, production and turnover of grape and wine-making products, and also ensuring its minimum quality and safety in the Azerbaijan Republic.

Section I. General provisions

Article 1. Basic concepts

1.0. The concepts used in this Law express the following values:

1.0.1. wine growing - the industry of agricultural industry which is engaged in production of grapes;

1.0.2. materials of grape crops - the saplings used in case of cultivation of vineyards, and also which are grown up on own to root or by inoculation, stock and plants which take root;

1.0.3. grape products - the table grape consumed in the natural or processed type, sultana grape, thickened must, juice and other food;

1.0.4. winemaking - the food industry branch covering production processes and storages of the wine made from grapes and brandy (cognac);

1.0.5. wine - the alcoholic drink received from grape juice;

1.0.6. brandy (cognac) - the alcoholic drink received from maturing of the alcohol left under endurance prepared from table wine.

Article 2. Legislation of the Azerbaijan Republic on wine growing and winemaking

2.1. The legislation of the Azerbaijan Republic on wine growing and winemaking consists of the Law of the Azerbaijan Republic "About food safety", the civil and agrarian legislation of the Azerbaijan Republic, and also other regulatory legal acts adopted in connection with this Law.

2.2. Production of products of winemaking for private consumption of citizens is regulated by the relevant legislation of the Azerbaijan Republic.

2.3. If established by the interstate agreements supported by the Azerbaijan Republic, the rules connected with production, turnover, to quality and safety of products of winemaking differ from the rules provided by this Law rules of international treaties are applied.

Article 3. Assignment of the Law

The purpose of this Law consists in creation of the organizational, economic and legal base for delivery to the consumer market of the meeting the requirements of international standards, competitive grape and wine-making products with ensuring development in the republic of wine growing and winemaking.

Article 4. The directions of state policy in the field of wine growing and winemaking

4.0. The directions of state policy in the field of wine growing and winemaking the following:

4.0.1. strengthening of carrying out scientific research according to modern requirements for the purpose of development of industries of wine growing and winemaking;

4.0.2. expansion of exchange of information and experience;

4.0.3. creation of the regulatory framework guaranteeing production, conforming to requirements of international standards;

4.0.4. preparation and enhancement of personnel, organization of scientific and practical seminars, conferences;

4.0.5. use of the new equipment and modern technology for improvement of quality of the competitive grape and wine products made and brought to the consumer market or exported;

4.0.6. increase in production and export, protection of the domestic market against the unfair competition.

Article 5. Tasks of the state in the field of wine growing and winemaking

5.0. In the field of wine growing and winemaking treat tasks of the state:

5.0.1. adoption of regulatory legal acts on the organization of wine growing, regulation of the measures directed to increase in production, turnover and quality of grape and wine-making products, materials of grape crops;

5.0.2. market research of grape and wine-making products, submission of forecasts, preparation and implementation of target state programs on development of industry;

5.0.3. cultivation in the territory of the Azerbaijan Republic steady against diseases and to wreckers, the grapes grades which were not exposed to genetic modification, development of farms in removal of saplings, increase in rayonizirovanny grades of grapes, and also investment of investments, providing subsidies and long-term loans for the purpose of production incentive of high-quality wine-making products to which place names are appropriated;

5.0.4. establishment of rules of issue of special permission (license) for business activity of production and turnover of products of winemaking;

5.0.5. regulation of import and export of grape and wine-making products;

5.0.6. establishment of rates of the excise taxes on winemaking products;

5.0.7. implementation of the state supervision of the minimum quality and safety of grape and wine-making products;

5.0.8. implementation of other tasks established by the legislation

Section II. Organization of wine growing

Article 6. Production of materials of grape crops

6.1. Steady against diseases and to wreckers, the seed grains which were not exposed to genetic modification are made for cultivation of stocks and the imparted plants in the relevant research establishments or on contractual conditions under control of research establishments in specialized farms on removal of saplings.

6.2. The seed grains belonging to other categories used in case of cultivation of vineyards are made by the legal entities and physical persons which are engaged in vinogradarsky activities irrespective of pattern of ownership.

6.3. The relevant organ of the executive authority issues in the procedure established by the legislation on the materials of grape crops made and sold in the Azerbaijan Republic the certificate of conformity, confirming their high-quality and sowing qualities, and the certificate on their phytosanitary condition.

6.4. The instructions regulating rules and conditions of production, storages, packagings, transportations and realization of grape planting stocks and also quality factors are established by body (organization) determined by relevant organ of the executive authority.

6.5. The legal entities and physical persons which are engaged in creation of vineyards and cultivation of grape planting stocks, including production of high-quality (branded) wine products and brandy (cognac) in the procedure established by the law bear responsibility for purity and phytosanitary condition, high-quality and sowing qualities of the grades.

Article 7. Technical regulatory legal acts in the field of food safety of commodity grape products and the production technology of grape products

Technical regulatory legal acts in the field of food safety of commodity grape products and the production technology of grape products are accepted in cases and according to the procedure, the stipulated in Clause 9 Laws of the Azerbaijan Republic "About food safety".

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