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].