Definition and legal classification of must
In a legal context, must is a non-alcoholic or partially fermented juice made from fresh fruits, usually from grapes, apples, or pears. The precise definition and legal classification of must varies according to national food and, in particular, wine laws. The regulations concern not only the production and composition, but also the marketability and marketing of the product. Must is especially relevant in the areas of food law, wine law, tax law, youth protection, and, if applicable, competition law.
Food law fundamentals
Definition according to food law
Under German and European food law, must is a product intended both as an ingredient in various beverages and as a finished product for trade. According to Regulation (EU) No. 1308/2013 (Common Organisation of the Markets in agricultural products), musts, in particular grape must, are considered “intermediate products” in viticulture. The German Food, Commodities and Feed Code (LFGB) as well as the Fruit Juice and Soft Drinks Regulation (FrSaftErfrischGetrV) also contain provisions relevant to must.
Grape must
According to European case law and the relevant regulations, grape must is defined as the juice obtained by pressing or mechanical drainage of fresh grapes. A distinction is made between fresh must, which contains no alcohol, and partially fermented must, known as “Federweißer” or “Sturm” in Austria.
Apple must, pear must, and other fruit musts
According to the Fruit Juice and Soft Drinks Regulation, apple must and pear must are considered to be fermented juice made from apples and pears, respectively. Each type of must is subject to product-specific requirements relating to composition, hygiene, and purity.
Requirements for production and composition
The production of must is subject to national hygiene regulations and must comply with the applicable requirements for food safety and traceability (Regulation (EC) No. 178/2002). The fruits used must be natural and suitable for human consumption. Additives and processing aids are only permitted to the legally defined extent.
Wine law regulations for must
Grape must in wine law
In wine law, must plays a central role as the primary material for subsequent wine production. The German Wine Act (WeinG) and its implementing regulation (WeinV) set out the requirements for must as a pre-product. The following are particularly important:
- Origin of the raw materials (grapes from certain winegrowing regions)
- Regulations governing enrichment and blending
- Minimum characteristics regarding the natural alcohol content (must weight)
- Labeling and marketing
Must weight
Must weight describes the sugar content of grape must and is decisive for the subsequent classification of wines. This information must be documented and provided upon request.
Regulations on enrichment and blending
The enrichment of must with sugar (chaptalization) or blending with must from other origins is only permitted when strict wine law requirements are observed. Violations can lead to severe penalties and even the closure of operations.
Tax law aspects of must
Alcohol taxation
Must that contains alcohol due to fermentation is subject to the regulations of the Alcohol Tax Act (AlkStG) from a certain pure alcohol content onwards. The decisive criterion is the actual alcohol content, which must regularly be determined in a laboratory. For beverages whose alcohol content is below the legal threshold, the alcohol tax does not apply.
VAT treatment
The production and sale of must are subject to VAT if conducted as part of a commercial or agricultural business. For small producers, the flat-rate taxation provisions of the VAT Act (§ 24 UStG) apply.
Youth and consumer protection law
Sale to minors
According to § 9 of the Youth Protection Act (JuSchG), products with an alcohol content above 0.5% by volume may not be sold to persons under the age of 16. This also applies to partially fermented must products such as Federweißer or apple must.
Labeling requirements
All must products are subject to extensive labeling requirements to protect consumers from deception. These include, among others, information on the list of ingredients, alcohol content, origin, and any allergens. The Food Information to Consumers Regulation (EU) No. 1169/2011 governs the labeling and advertising of foods such as must.
Competition law and trademark aspects
Prohibition of misleading practices and protection of origin
In competition law, misleading statements—such as those concerning the composition, origin, or quality of a must—are prohibited and may be subject to warning notices (§ 5 UWG). Protected designations of origin or geographical indications (e.g., “Steirischer Apfelmost”) may only be used for products that have been produced and controlled in accordance with the relevant rules.
Protection under trademark law
Product names and specific trademarks for must can be registered with the German Patent and Trademark Office, provided they are distinctive and not merely descriptive.
Conclusion
Must is a highly regulated food product whose legal treatment is shaped by product-specific, production-related and marketing-related regulations. Key issues concerning food, wine, tax, and youth protection law must be observed during the production, distribution, and marketing of must. Ongoing changes in European and national regulatory frameworks require continuous monitoring and adaptation of operational processes for must producers and marketers.
Frequently Asked Questions
Is an official permit or registration required for the production of must?
The production of must in Germany is subject to specific legal regulations, particularly wine law and the Alcohol Tax Act. Anyone producing must for their own consumption generally does not require official approval or registration as long as there is no fermentation to drinkable alcohol that is subject to taxation. However, as soon as must is produced beyond domestic use and especially put into circulation or sold commercially, strict requirements apply. According to the Wine Act and EU law, both pressing plants and agricultural businesses producing must commercially must register their operation with the relevant main customs office and, if necessary, apply for a special permit. In addition, food law requirements under the Food Hygiene Regulation must be adhered to, for instance regarding cleanliness, traceability, and labeling obligations. Especially when selling to end consumers or wholesale, further requirements such as registration with the veterinary or health authority and documentation obligations must be met. Therefore, it is recommended to consult with the responsible district office and the main customs office before starting commercial production.
What labeling requirements apply to bottled must for sale?
For must that is bottled for sale, there are extensive labeling requirements in accordance with the Food Information Regulation (LMIV), wine law, and national food law. The labeling must include the product name (e.g., apple must, pear must), the legally required sales description, the list of ingredients, the net fill volume, and the name or company and address of the manufacturer, packer, or seller. The actual alcohol content by volume must also be indicated if the must contains more than 1.2% alcohol by volume. The minimum shelf life (MHD) must be labeled if the product is perishable. In addition, possible allergens such as sulfites must be explicitly stated. For must marketed as a ‘bio’ (organic) product, the relevant EU organic regulations and control number must also appear on the label. If several types of fruit are used, these must also be specified accordingly. Must that is not properly labeled is legally considered unmarketable and is subject to recall and possibly fines.
What tax regulations apply to the production and sale of must?
The production and sale of must are primarily subject to the provisions of the Alcohol Tax Act and the VAT Act. According to § 130 Alcohol Tax Act, must is generally not subject to alcohol tax as long as its alcohol content does not exceed 8.5% by volume and no addition of pure ethanol is made. If the must reaches a higher alcohol content, it may become taxable. If larger quantities are produced or sold, further tax obligations may arise from the perspectives of trade tax and VAT. Anyone who commercially produces and sells must must register a business and is subject to the ordinary VAT liability, possibly taking into account the small business regulation (§ 19 UStG). Proper payment and proof of taxes is the responsibility of the manufacturer or seller. Mistakes concerning tax treatment can lead to back payments and penalties. It is therefore advisable to seek tax advice in cases of doubt.
What food law requirements must must production meet?
The production of must is subject to strict food law requirements in order to ensure the safety and quality of the product. First, EU food hygiene law (in particular Regulations (EC) No. 852/2004 and 853/2004) obliges all producers to comply with requirements regarding hygiene, traceability, and processing hygiene. Only approved ingredients and additives may be used in production. In practice, these usually include certain enzymes or preservative sulfites, which must be declared. The facility in which must is produced must be operated according to HACCP principles (hazard analysis and critical control points). Contamination by harmful substances or undesirable microorganisms must be prevented by appropriate measures, and the premises must be regularly cleaned and disinfected. During inspections by the Food Surveillance Office, corresponding evidence (e.g., hygiene training for staff, internal control concepts, traceability registers) must be presented. Violations may result in recalls, closure of operations, or fines.
Under what conditions can must be called ‘organic must’?
The designation ‘organic must’ may only be used if the production complies with all requirements of the EU Organic Regulation. In particular, all fruits used must come from certified organic agriculture and be fully certified. The entire production chain—from the fruit grower to the juice press to the bottler—must be regularly inspected and certified by an appropriate organic inspection body. Certification must be proven by a control number indicated on the label. The use of unapproved processing aids, pesticides, or chemically synthetic fertilizers is not permitted. The use of additives is also limited to a minimum and only allowed if they are explicitly permitted on organic lists. Unauthorized use of the term ‘organic’ is a violation of competition and food laws and may result in heavy fines and marketing bans.
What youth protection regulations apply to the sale of must?
The Youth Protection Act (§ 9 JuSchG) also applies to alcoholic beverages such as must. The sale and provision of must to minors under 16 is prohibited if the must contains more than 1.2% alcohol by volume. Dealers are obliged to check the age of buyers at the time of sale and may refuse the sale if there are doubts about legal age, especially in physical retail and at events. Violations of the Youth Protection Act are strictly punished and can result in fines, administrative proceedings, or even revocation of the license to sell. Even for online sales, effective age verification systems must be used.
Are there special regulations for the export of must?
The export of must to other EU countries or third countries is subject to different regulations in each case. Within the EU, compliance with wine law and the Food Information Regulation is especially important. For exports to third countries, the relevant import regulations of the destination country apply, which may require special certificates, analyses, or export documents. In certain cases, special rules for declarations of ingredients or for packaging (e.g., deposit systems) are prescribed. In VAT law, a correct export declaration is also required. Therefore, the export of must should be carefully prepared and coordinated with the relevant authorities (e.g., Chamber of Commerce and Industry, customs authorities) to avoid legal violations and delays.
