Wine legislation; request for derogation
In the case of products covered by wine legislation which do not comply with minimum or maximum levels or designation requirements, a derogation may be requested in certain cases.
Description
Wine products such as (plain) wine, local wine, quality wine, predicate wine, liqueur wine, semi-sparkling wine and sparkling wine must comply with certain minimum analytical values (e.g. total alcoholic strength) or maximum values (e.g. total sulphurous acid). In practice, these values may not be met or may be exceeded. Errors or deviations may also occur in designation or cellar handling, which may be sanctioned (permitted) in exceptional cases.
Competent authorities:
a) Government of Lower Franconia for exceptional approvals according to § 2 WeinÜV in procedures according to § 19 para. 1 and § 20 para. 1 WeinG (= quality inspection for wines).
b) all governments for exemptions according to § 2 of the Ordinance on the Control of Wines (WeinÜV), insofar as regulations are deviated from which primarily serve the protection of health and deception, and no case of a) applies
Prerequisites
The deviation from the applicable rules must be minor and the composition of the product must not pose a health risk. In addition, there must be a particular undue hardship.
Procedure
An informal application must be made to the relevant government.
Special notes
An application for a derogation may be submitted and decided together with an application for an official test number.
Forms
Please select a location in "Localization" so that the address of the responsible authority can be filled in.
Fees
Depending on the quantity of wine affected and the severity of the deviation, from EUR 25 to 500.
In addition, there are the expenses for any necessary examinations by the Bavarian State Office for Health and Food Safety.
Remedy
Opposition and action for annulment
Status: 13.09.2021
Responsible for editing: Regierung von Unterfranken
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited