40FMisleading descriptions and presentations

40F Misleading descriptions and presentations

(1) This section has effect for the purposes of section 40E. Inclusion of geographical indication, translation or traditional expression (2) Subject to sections 40FA and 40FB, the description and presentation of wine is misleading if: (a) it includes a registered geographical indication, and the indication is used in such a way as to be likely to mislead as to the country, region or locality in which the wine originated; or (b) it includes a registered translation of a registered geographical indication, and the translation is used in such a way as to be likely to mislead as to the country, region or locality in which the wine originated; or (c) it includes a registered traditional expression, and: (i) the wine is not a wine in relation to which the expression is registered; and (ii) the wine is not in a category of wine in relation to which the expression is registered; and (iii) the expression is in a language in relation to which the expression is registered; and (iv) the expression is used in such a way as to be likely to mislead that the wine originated in a country, region or locality in relation to which the expression is registered or that the wine is in a category of wine in relation to which the expression is registered. (3) For the purposes of subsection (2): (a) a registered geographical indication; or (b) a registered translation of such an indication; or (c) a registered traditional expression; is included in the description and presentation of wine even if the indication, translation or expression is accompanied by an expression such as “kind”, “type”, “style”, “imitation”, “method”, or any similar expression. Inclusion of word resembling geographical indication, translation or traditional expression (4) Subject to sections 40FA and 40FB, the description and presentation of wine is misleading if: (a) it includes an indication or term that so resembles a registered geographical indication as to be likely to mislead that the wine originated in a country, region or locality in relation to which the indication is registered; or (b) it includes a term that so resembles a registered translation of a registered geographical indication as to be likely to mislead that the wine originated in a country, region or locality in relation to which the indication is registered; or (c) both of the following apply: (i) it includes a term that so resembles a registered traditional expression as to be likely to mislead that the wine originated in a country, region or locality in relation to which the expression is registered or that the wine is in a category of wine in relation to which the expression is registered; (ii) the wine originated in a foreign country that is not an agreement country. Inclusion of name of individual or address of winery (5) The description and presentation of wine is misleading if: (a) it includes: (i) the name of an individual who manufactured, sold, exported or imported the wine; or (ii) if a person who manufactured, sold, exported or imported the wine is, apart from this subsection, lawfully permitted to use the name of an individual who previously manufactured, sold, exported or imported the wine—the name of that individual; or (iii) the name or address of the winery at which the wine was manufactured; and (b) the name or address, as the case may be, is used in such a way in the description and presentation as to be likely to mislead as to the country, region or locality in which the wine originated. Not in accordance with prescribed provisions (6) The description and presentation of wine is misleading if it is not in accordance with any provisions relating to the description and presentation of wine as are prescribed for the purposes of this subsection. Ordinary meaning of misleading not affected (7) Subsections (2), (3), (4), (5) and (6) do not limit what, apart from those subsections, is a misleading description and presentation of wine.