3.—(1) For the purposes of Part 2 of the Act, except where paragraph (6) applies, the strength of an alcoholic product is to be ascertained in accordance with paragraphs to (2) to (5).
(2) Paragraphs (3) and (4) apply to cask-conditioned alcoholic products or any unfinished alcoholic products.
(3) Subject to paragraph (4), the strength of a cask-conditioned alcoholic product or any unfinished alcoholic product is to be—
(a)the strength the producer of the alcoholic product reasonably expects it to have when sold by retail or otherwise supplied for consumption,
(b)ascertained by reference to the label of the container of the alcoholic product,
(c)ascertained by reference to any invoice issued in relation to the alcoholic product,
(d)ascertained by reference to any delivery note issued in relation to the alcoholic product, and
(e)ascertained by reference to any document similar to an invoice or delivery note issued in relation to the alcoholic product.
(4) Where the strengths ascertained by reference to the sources described in paragraph (3)(a) to (e) differ, the strength of a cask-conditioned alcoholic product or any unfinished alcoholic product is to be taken to be the greater of those strengths.
(5) In the case of any alcoholic product to which paragraphs (3) and (4) do not apply, its strength is to be ascertained—
(a)by reference to the label of the container of the alcoholic product,
(b)if there is no label on the container of the alcoholic product, by reference to any other document relating to the container, or
(c)if there is no label on the container of the alcoholic product and it is not possible to ascertain the strength by reference to a document relating to the container, using the actual strength method.
(6) Where due care has not been taken to ensure that the strength of an alcoholic product ascertained in accordance with paragraphs (3) to (5)(b) accurately represents its actual strength, the strength of the alcoholic product is to be ascertained using the actual strength method.
(7) The Commissioners must publish a notice making provision for the purposes of paragraph (6) about the meaning of “due care”.
(8) Whether due care has been taken for the purposes of paragraph (6) is to be ascertained in accordance with a notice published under paragraph (7).
(9) A notice published under paragraph (7) may make provision by reference to specified factors or documentation.
(10) In this regulation—
“cask-conditioned alcoholic product” means any alcoholic product which undergoes fermentation in the container from which it is served for consumption, but does not include alcoholic product served for consumption from containers of such type as may be specified in a notice published by the Commissioners;
“producer” means a person approved under section 82 of the Act (approval requirement: producers);
“unfinished alcoholic product” means any alcoholic product in any stage of production before it has reached the state of maturity at which it is fit for consumption.
Commencement Information
I1Reg. 3 in force at 1.8.2023, see reg. 1(1)