5Excluded containers

#### 5 Excluded containers 5 Excluded containers > > (1) For the purposes of section 22 of the Act, the following kinds of container are excluded from the operation of Part 5 of the Act— > > > > > (a) containers designed to contain less than 150ml of beverage, > > > > > (b) containers designed to contain more than 3L of beverage, > > > > > (c) glass containers used to contain only wine or spirituous liquor, > > > > > (d) containers designed to contain 1L or more of— > > > > > > > (i) flavoured milk, or > > > > > > > (ii) beverage comprising at least 90% fruit or vegetable juice (or a mixture of fruit and vegetable juices), > > > > > (e) containers made of cardboard and plastic, cardboard and foil or cardboard, plastic and foil (commonly known as casks or aseptic packs) designed to contain 1L or more of wine, wine-based beverage or water (including mineral water and spring water), > > > > > (f) containers made of plastic or foil, or both, (commonly known as sachets) designed to contain 250ml or more of wine. > > > (2) For the purposes of this clause, a beverage is spirituous liquor if the beverage— > > > > > (a) is a liqueur or any other alcoholic beverage produced by distillation (or a mixture of both), and > > > > > (b) is not mixed with any beverage other than a liqueur or an alcoholic beverage produced by distillation. > > > (3) For the purposes of this clause, a beverage is wine if the beverage— > > > > > (a) is produced by fermentation of grapes (whether or not it is mixed with any other grape product), and > > > > > (b) is not mixed with any beverage other than a grape product. > > > (4) In this clause— > > > > wine-based beverage means a beverage that— > > > > > (a) contains a mixture of wine and another beverage that is not a grape product, and > > > > > (b) has an alcohol by volume content of less than 10%. > > **cl 5:** Am 2023 (53), Sch 1\[4\].