§ 4.20 27 CFR Ch. I (4–1–00 Edition)
(See meaning for ‘‘container’’ and more than 24 percent of alcohol by vol- ‘‘bottler’’.) ume, and if for nonindustrial use. Percent or percentage. Percent by vol- [T.D. ATF–48, 43 FR 13532, Mar. 31, 1978, as ume. amended by T.D. ATF–49, 43 FR 19848, May 9, Permittee. Any person holding a basic 1978; T.D. ATF–53, 43 FR 37675, Aug. 23, 1978; permit under the Federal Alcohol Ad- 44 FR 55838, Sept. 29, 1979; T.D. ATF–66, 45 FR ministration Act. 40544, June 13, 1980; T.D. ATF–94, 46 FR 55095, Person. Any individual, partnership, Nov. 6, 1981; T.D. ATF–299, 55 FR 24988, June joint-stock company, business trust, 19, 1990; T.D. ATF–425, 65 FR 11891, Mar. 7, association, corporation, or other form 2000] of business enterprise, including a re- ceiver, trustee, or liquidating agent, Subpart C—Standards of Identity and including an officer or employee of for Wine any agency of a State or political sub- division thereof. § 4.20 Application of standards. Pure condensed must. The dehydrated The standards of identity for the sev- juice or must of sound, ripe grapes, or eral classes and types of wine set forth other fruit or agricultual products, herein shall be applicable to all regula- concentrated to not more than 80° tions and permits issued under the act. (Balling), the composition thereof re- Whenever any term for which a stand- maining unaltered except for removal ard of identity has been established of water. herein is used in any such regulation or Restored pure condensed must. Pure permit, such term shall have the mean- condensed must to which has been ing assigned to it by such standard of added an amount of water not exceed- identity. ing the amount removed in the dehy- dration process. § 4.21 The standards of identity. Sugar. Pure cane, beet, or dextrose Standards of identity for the several sugar in dry for containing, respec- classes and types of wine set forth in tively, not less than 95 percent of ac- this part shall be as follows: tual sugar calculated on a dry basis. (a) Class 1; grape wine—(1) Grape wine Total solids. The degrees Brix of the is wine produced by the normal alco- dealcoholized wine restored to its holic fermentation of the juice of original volume. sound, ripe grapes (including restored Trade buyer. Any person who is a or unrestored pure condensed grape wholesaler or retailer. must), with or without the addition, United States. The several States, the after fermentation, of pure condensed District of Columbia, and Puerto Rico; grape must, and with or without added the term ‘‘State’’ includes the District grape brandy or alcohol, but without of Columbia and Puerto Rico. other addition or abstraction except as Use of other terms. Any other term de- may occur in cellar treatment: Pro- fined in the Federal Alcohol Adminis- vided, That the product may be amelio- tration Act and used in this part shall rated before, during or after fermenta- have the same meaning assigned to it tion by either of the following meth- by the Act. ods: Wine. (a) Wine as defined in section (i) By adding, separately or in com- 610 and section 617 of the Revenue Act bination, dry sugar, or such an amount of 1918 (26 U.S.C. 3036, 3044, 3045) and (b) of sugar and water solution as will not other alcoholic beverages not so de- increase the volume of the resulting fined, but made in the manner of wine, product more than 35 percent; but in no including sparkling and carbonated event shall any product so ameliorated wine, wine made from condensed grape have an alcoholic content derived by must, wine made from other agricul- fermentation, of more than 13 percent tural products than the juice of sound, by volume, or a natural acid content, if ripe grapes, initation wine, compounds water has been added, of less than 5 sold as wine, vermouth, cider, perry, parts per thousand, or a total solids and sake; in each instance only if con- content of more than 22 grams per 100 taining not less than 7 percent, and not cubic centimeters.
16
VerDate 18
(ii) By adding, separately or in com- or, in other cases, less than 18 percent bination, not more than 20 percent by by volume, may be designated as ‘‘light weight of dry sugar, or not more than sherry,’’ ‘‘light angelica,’’ ‘‘light ma- 10 percent by weight of water. deira,’’ ‘‘light muscatel’’ or ‘‘light (iii) In the case of domestic wine, in port,’’ respectively. accordance with 26 U.S.C. 5383. (b) Class 2; sparkling grape wine. (1) (iv) The maximum volatile acidity, Sparkling grape wine (including ‘‘spar- calculated as acetic acid and exclusive kling wine,’’ ‘‘sparkling red wine’’ and of sulfur dioxide is 0.14 gram per 100 ‘‘sparkling white wine’’) is grape wine mL (20 °C) for natural red wine and 0.12 made effervescent with carbon dioxide gram per 100 mL (20 °C) for other grape resulting solely from the fermentation wine: Provided, That the maximum of the wine within a closed container, volatile acidity for wine produced from tank or bottle. unameliorated juice of 28 or more de- (2) Champagne is a type of sparkling grees Brix is 0.17 gram per 100 milli- light wine which derives its effer- liters for red wine and 0.15 gram per 100 vescence solely from the secondary fer- milliliters for white wine. Grape wine mentation of the wine within glass deriving its characteristic color or lack containers of not greater than one gal- of color from the presence or absence of lon capacity, and which possesses the the red coloring matter of the skins, taste, aroma, and other characteristics juice, or pulp of grapes may be des- attributed to champagne as made in ignated as ‘‘red wine,’’ ‘‘pink (or rose) the champagne district of France. wine,’’ ‘‘amber wine,’’ or ‘‘white wine’’ (3)(i) A sparkling light wine having as the case may be. Any grape wine the taste, aroma, and characteristics containing no added grape brandy or generally attributed to champagne but alcohol may be further designated as not otherwise conforming to the stand- ‘‘natural.’’ ard for ‘‘champagne’’ may, in addition (2) Table wine is grape wine having an to but not in lieu of the class designa- alcoholic content not in excess of 14 tion ‘‘sparkling wine,’’ be further des- percent by volume. Such wine may also be designated as ‘‘light wine,’’ ‘‘red ignated as: table wine,’’ ‘‘light white wine,’’ (A) ‘‘champagne style;’’ or ‘‘sweet table wine,’’ etc., as the case (B) ‘‘champagne type;’’ or may be. (C) ‘‘American (or New York State, (3) Dessert wine is grape wine having Napa Valley, etc.) champagne,’’ along an alcoholic content in excess of 14 per- with one of the following terms: ‘‘Bulk cent but not in excess of 24 percent by process,’’ ‘‘fermented outside the bot- volume. Dessert wine having the taste, tle,’’ ‘‘secondary fermentation outside aroma and characteristics generally at- the bottle,’’ ‘‘secondary fermentation tributed to sherry and an alcoholic before bottling,’’ ‘‘not fermented in the content, derived in part from added bottle,’’ or ‘‘not bottle fermented.’’ The grape brandy or alcohol, of not less term ‘‘charmat method’’ or ‘‘charmat than 17 percent by volume, may be des- process’’ may be used as additional in- ignated as ‘‘sherry’’. Dessert wines formation. having the taste, aroma and character- (ii) Labels shall be so designed that istics generally attributed to angelica, all the words in such further designa- madeira, muscatel and port and an al- tion are readily legible under ordinary coholic content, derived in part from conditions and are on a contrasting added grape brandy or alcohol, of not background. In the case of paragraph less than 18 percent by volume, may be (b)(3)(i)(C) of this section, ATF will designated as ‘‘angelica,’’ ‘‘madeira,’’ consider whether the label as a whole ‘‘muscatel,’’ or ‘‘port’’ respectively. provides the consumer with adequate Dessert wines having the taste, aroma, information about the method of pro- and characteristics generally attrib- duction and origin of the wine. ATF uted to any of the above products and will evaluate each label for legibility an alcoholic content, derived in part and clarity, based on such factors as from added grape brandy or alcohol, in type size and style for all components excess of 14 percent by volume but, in of the further designation and the op- the case of sherry, less than 17 percent, tional term ‘‘charmat method’’ or
17
VerDate 18
‘‘charmat process,’’ as well as the con- ance with the provisions of 26 U.S.C. trast between the lettering and its 5384 and any product other than domes- background, and the placement of in- tic may be ameliorated before, during, formation on the label. or after fermentation by adding, sepa- (iii) Notwithstanding the provisions rately or in combination, dry sugar, or of paragraphs (b)(3)(i)(A), (B) and (C) of such an amount of sugar and water so- this section, the appropriate ATF offi- lution as will not increase the volume cer may authorize the use of a term on of the resulting product more than 35 sparkling wine labels, as an alternative percent, but in no event shall any prod- to those terms authorized in paragraph uct so ameliorated have an alcoholic (b)(3)(i) of this section, but not in lieu content, derived by fermentation, of of the required class designation ‘‘spar- more than 13 percent by volume, or a kling wine,’’ upon a finding that such natural acid content, if water has been term adequately informs the consumer added, of less than 5 parts per thou- about the method of production of the sand, or a total solids content of more sparkling wine. than 22 grams per 100 cubic centi- (4) Crackling wine, petillant wine, meters. frizzante wine (including cremant, (ii) The maximum volatile acidity, perlant, reciotto, and other similar calculated as acetic acid and exclusive wine) is sparkling light wine normally of sulfur dioxide, shall not be, for nat- less effervescent than champagne or ural citrus wine, more than 0.14 gram, other similar sparkling wine, but con- and for other citrus wine, more than taining sufficient carbon dioxide in so- 0.12 gram, per 100 milliliters (20 °C.). lution to produce, upon pouring under (iii) Any citrus wine containing no normal conditions, after the disappear- added brandy or alcohol may be further ance of air bubbles, a slow and steady designated as ‘‘natural.’’ effervescence evidenced by the forma- (2) Citrus table wine or citrus fruit table tion of gas bubbles flowing through the wine is citrus wine having an alcoholic wine. Crackling wine which derives its content not in excess of 14 percent by effervescence from secondary fer- volume. Such wine may also be des- mentation in containers greater than ignated ‘‘light citrus wine,’’ ‘‘light cit- 1-gallon capacity shall be designated rus fruit wine,’’ ‘‘light sweet citrus ‘‘crackling wine—bulk process,’’ and fruit wine,’’ etc., as the case may be. the words ‘‘bulk process’’ shall appear (3) Citrus dessert wine or citrus fruit in lettering of substantially the same dessert wine is citrus wine having an al- size as the words ‘‘crackling wine.’’ coholic content in excess of 14 percent (c) Class 3; carbonated grape wine. but not in excess of 24 percent by vol- ‘‘Carbonated grape wine’’ (including ume. ‘‘carbonated wine,’’ ‘‘carbonated red (4) Citrus wine derived wholly (except wine,’’ and ‘‘carbonated white wine’’) is for sugar, water, or added alcohol) from grape wine made effervescent with car- one kind of citrus fruit, shall be des- bon dioxide other than that resulting ignated by the word ‘‘wine’’ qualified solely from the secondary fermentation by the name of such citrus fruit, e.g., of the wine within a closed container, ‘‘orange wine,’’ ‘‘grapefruit wine.’’ Cit- tank or bottle. rus wine not derived wholly from one (d) Class 4; citrus wine. (1)(i) Citrus kind of citrus fruit shall be designated wine or citrus fruit wine is wine pro- as ‘‘citrus wine’’ or ‘‘citrus fruit wine’’ duced by the normal alcoholic fer- qualified by a truthful and adequate mentation of the juice of sound, ripe statement of composition appearing in citrus fruit (including restored or direct conjunction therewith. Citrus unrestored pure condensed citrus wine rendered effervescent by carbon must), with or without the addition, dioxide resulting solely from the sec- after fermentation, of pure condensed ondary fermentation of the wine within citrus must, and with or without added a closed container, tank, or bottle shall citrus brandy or alcohol, but without be further designated as ‘‘sparkling’’; any other addition or abstraction ex- and citrus wine rendered effervescent cept as may occur in cellar treatment: by carbon dioxide otherwise derived Provided, That a domestic product may shall be further designated as ‘‘carbon- be ameliorated or sweetened in accord- ated.’’
18
VerDate 18
(e) Class 5; fruit wine. (1)(i) Fruit wine the word ‘‘wine’’ qualified by the name is wine (other than grape wine or citrus of such fruit, e.g., ‘‘peach wine,’’ wine) produced by the normal alcoholic ‘‘blackberry wine.’’ Fruit wine not de- fermentation of the juice of sound, ripe rived wholly from one kind of fruit fruit (including restored or unrestored shall be designated as ‘‘fruit wine’’ or pure condensed fruit must), with or ‘‘berry wine,’’ as the case may be, without the addition, after fermenta- qualified by a truthful and adequate tion, of pure condensed fruit must, and statement of composition appearing in with or without added fruit brandy or direct conjunction therewith. Fruit alcohol, but without other addition or wines which are derived wholly (except abstraction except as may occur in cel- for sugar, water, or added alcohol) from lar treatment: Provided, That a domes- apples or pears may be designated tic product may be ameliorated or ‘‘cider’’ and ‘‘perry,’’ respectively, and sweetened in accordance with the pro- shall be so designated if lacking in vi- visions of 26 U.S.C. 5384 and any prod- nous taste, aroma, and characteristics; uct other than domestic may be ame- however, the term ‘‘hard cider’’ may liorated before, during, or after fer- not be used to designate any fruit wine; mentation by adding, separately or in it may only be used to designate hard combination, dry sugar, or such an cider as defined in part 24 of this chap- amount of dry sugar and water solution ter. Fruit wine rendered effervescent as will increase the volume of resulting by carbon dioxide resulting solely from product, in the case of wines produced the secondary fermentation of the wine from any fruit or berry other than within a closed container, tank, or bot- grapes, having a normal acidity of 20 tle shall be further designated as parts or more per thousand, not more ‘‘sparkling’’; and fruit wine rendered than 60 percent, but in no event shall effervescent by carbon dioxide other- any product so ameliorated have an al- wise derived shall be further designated coholic content, derived by fermenta- as ‘‘carbonated.’’ tion, of more than 13 percent by vol- (f) Class 6; wine from other agricultural ume, or a natural acid content, if water products. (1)(i) Wine of this class is has been added, of less than 5 parts per wine (other than grape wine, citrus thousand, or a total solids content of wine, or fruit wine) made by the nor- more than 22 grams per 100 cubic centi- mal alcoholic fermentation of sound meters. fermentable agricultural products, ei- (ii) The maximum volatile acidity, ther fresh or dried, or of the restored or calculated as acetic acid and exclusive unrestored pure condensed must there- of sulfur dioxide, shall not be, for nat- of, with the addition before or during ural fruit wine, more than 0.14 gram, fermentation of a volume of water not and for other fruit wine, more than 0.12 greater than the minimum necessary gram, per 100 milliliters (20 °C.). to correct natural moisture defi- (iii) Any fruit wine containing no ciencies in such products, with or with- added brandy or alcohol may be further out the addition, after fermentation, of designated as ‘‘natural.’’ pure condensed must, and with or with- (2) Berry wine is fruit wine produced out added alcohol or such other spirits from berries. as will not alter the character of the (3) Fruit table wine or berry table wine product, but without other addition or is fruit or berry wine having an alco- abstraction except as may occur in cel- holic content not in excess of 14 per- lar treatment: Provided, That a domes- cent by volume. Such wine may also be tic product may be ameliorated or designated ‘‘light fruit wine,’’ or ‘‘light sweetened in accordance with part 24, berry wine.’’ of this chapter, and any product other (4) Fruit dessert wine or berry dessert than domestic may be ameliorated be- wine is fruit or berry wine having an fore, during, or after fermentation by alcoholic content in excess of 14 per- adding, separately or in combination, cent but not in excess of 24 percent by dry sugar or such an amount of sugar volume. and water solution as will not increase (5) Fruit wine derived wholly (except the volume of the resulting product for sugar, water, or added alcohol) from more than 35 percent, but in no event one kind of fruit shall be designated by shall any product so ameliorated have
19
VerDate 18
an alcoholic content, derived by fer- vored with herbs and other natural aro- mentation of more than 13 percent by matic flavoring materials, with or volume, or a natural acid content, if without the addition of caramel for water has been added, of less than 5 coloring purposes, and possessing the parts per thousand, or a total solids taste, aroma, and characteristics gen- content of more than 22 grams per 100 erally attributed to aperitif wine and cubic centimeters. shall be so designated unless des- (ii) The maximum volatile acidity, ignated as ‘‘vermouth’’ under para- calculated as acetic acid and exclusive graph (g)(2) of this section. of sulfur dioxide, shall not be, for nat- (2) Vermouth is a type of aperitif wine ural wine of this class, more than 0.14 compounded from grape wine, having gram, and for other wine of this class, the taste, aroma, and characteristics more than 0.12 gram, per 100 milliliters generally attributed to vermouth, and (20 °C.). shall be so designated. (iii) Wine of this class containing no (h) Class 8; imitation and substandard added alcohol or other spirits may be or other than standard wine. (1) ‘‘Imita- further designated as ‘‘natural’’. tion wine’’ shall bear as a part of its (2) Table wine of this class is wine designation the word ‘‘imitation,’’ and having an alcoholic content not in ex- shall include: cess of 14 percent by volume. Such wine (i) Any wine containing synthetic may also be designated as ‘‘light’’. materials. (3) Dessert wine of this class is wine (ii) Any wine made from a mixture of having an alcoholic content in excess water with residue remaining after of 14 percent but not in excess of 24 per- thorough pressing of grapes, fruit, or cent by volume. other agricultural products. (4) Raisin wine is wine of this class made from dried grapes. (iii) Any class or type of wine the taste, aroma, color, or other character- (5) Sake is wine of this class produced from rice in accordance with the com- istics of which have been acquired in monly accepted method of manufac- whole or in part, by treatment with ture of such product. methods or materials of any kind (ex- (6) Wine of this class derived wholly cept as permitted in § 4.22(c)(6)), if the (except for sugar, water, or added alco- taste, aroma, color, or other character- hol) from one kind of agricultural istics of normal wines of such class or product shall except in the case of type are acquired without such treat- ‘‘sake,’’ be designated by the word ment. ‘‘wine’’ qualified by the name of such (iv) Any wine made from must con- ° agricultural product, e.g., ‘‘honey centrated at any time to more than 80 wine,’’ ‘‘raisin wine,’’ ‘‘dried black- (Balling). berry wine.’’ Wine of this class not de- (2) ‘‘Substandard wine’’ or ‘‘other rived wholly from one kind of agricul- than standard wine’’ shall bear as a tural product shall be designated as part of its designation the word ‘‘sub- ‘‘wine’’ qualified by a truthful and ade- standard,’’ and shall include: quate statement of composition ap- (i) Any wine having a volatile acidity pearing in direct conjunction there- in excess of the maximum prescribed with. Wine of this class rendered effer- therefor in §§ 4.20 to 4.25. vescent by carbon dioxide resulting (ii) Any wine for which no maximum solely from the secondary fermentation volatile acidity is prescribed in §§ 4.20 of wine within a closed container, to 4.25, inclusive, having a volatile tank, or bottle shall be further des- acidity, calculated as acetic acid and ignated as ‘‘sparkling’’; and wine of exclusive of sulfur dioxide, in excess of this class rendered effervescent by car- 0.14 gram per 100 milliliters (20 °C.). bon dioxide otherwise derived shall be (iii) Any wine for which a standard of further designated as ‘‘carbonated.’’ identity is prescribed in this §§ 4.20 to (g) Class 7; aperitif wine. (1) Aperitif 4.25, inclusive, which, through disease, wine is wine having an alcoholic con- decomposition, or otherwise, fails to tent of not less than 15 percent by vol- have the composition, color, and clean ume, compounded from grape wine con- vinous taste and aroma of normal taining added brandy or alcohol, fla- wines conforming to such standard.
20
VerDate 18
(iv) Any ‘‘grape wine’’ ‘‘citrus wine,’’ and normally present in other wines of ‘‘fruit wine,’’ or ‘‘wine from other agri- the same class or type not so treated. cultural products’’ to which has been (3) Treatment of any class or type of added sugar and water solution in an wine with methods or materials of any amount which is in excess of the limi- kind to such an extent or in such man- tations prescribed in the standards of ner as to affect the basic composition identity for these products, unless, in of the wine so treated by altering any the case of ‘‘citrus wine,’’ ‘‘fruit wine’’ of its characteristic elements. and ‘‘wine from other agricultural (4) Blending of wine of one class with products’’ the normal acidity of the wine of another class or the blending of material from which such wine is pro- wines of different types within the duced is 20 parts or more per thousand same class. and the volume of the resulting prod- (5) Treatment of any class or type of uct has not been increased more than wine for which a standard of identity is 60 percent by such addition. prescribed in this article with sugar or (i) Class 9; retsina wine. ‘‘Retsina water in excess of the quantities spe- wine’’ is grape table wine fermented or cifically authorized by such standard: flavored with resin. Provided, That the class or type thereof [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as shall not be deemed to be altered: amended by T.D. 6776, 29 FR 16985, Dec. 11, (i) Where such wine (other than grape 1964; T.D. 7185, 37 FR 7975, Apr. 22, 1972; T.D. wine) is derived from fruit, or other ag- ATF–48, 44 FR 55839, Sept. 28, 1979; T.D. ATF– ricultural products, having a high nor- 299, 55 FR 24988, June 19, 1990; T.D. ATF–312, mal acidity, if the total solids content 56 FR 31076, July 9, 1991; T.D. ATF–335, 58 FR 5615, Jan. 22, 1993; T.D. ATF–355, 59 FR 14553, is not more than 22 grams per 100 cubic Mar. 29, 1994; T.D. 372, 61 FR 20723, May 8, centimeters, and the content of natural 1996; T.D. ATF–398, 63 FR 44782, Aug. 21, 1998; acid is not less than 7.5 parts per thou- T.D. ATF–403, 64 FR 50252, Sept. 16, 1999] sand and CROSS REFERENCE: For regulations relating (ii) Where such wine is derived exclu- to fortified wine, see part 240 of this chapter. sively from fruit, or other agricultural products, the normal acidity of which § 4.22 Blends, cellar treatment, alter- is 20 parts or more per thousand, if the ation of class or type. volume of the resulting product has (a) If the class or type of any wine been increased not more than 60 per- shall be altered, and if the product as cent by the addition of sugar and water so altered does not fall within any solution, for the sole purpose of cor- other class or type either specified in recting natural deficiencies due to such §§ 4.20 through 4.25 or known to the acidity, and (except in the case of such trade, then such wine shall, unless oth- wine when produced from fruit or ber- erwise specified in this section, be des- ries other than grapes) there is stated ignated with a truthful and adequate as part of the class and type designa- statement of composition in accord- tion the phrase ‘‘Made with over 35 per- ance with § 4.34. cent sugar solution’’. (b) Alteration of class or type shall (c) Nothing in this section shall pre- be deemed to result from any of the fol- clude the treatment of wine of any lowing occurring before, during, or class or type in the manner hereinafter after production. specified, provided such treatment does (1) Treatment of any class or type of not result in the alteration of the class wine with substances foreign to such or type of the wine under the provi- wine which remain therein: Provided, sions of paragraph (b) of this section. That the presence in finished wine of (1) Treatment with filtering equip- not more than 350 parts per million of ment, and with fining or sterilizing total sulfur dioxide, or sulphites ex- agents. pressed as sulfur dioxide, shall not be (2) Treatment with pasteurization as precluded under this paragraph. necessary to perfect the wines to com- (2) Treatment of any class or type of mercial standards in accordance with wine with substances not foreign to acceptable cellar practice but only in such wine but which remain therein in such a manner and to such an extent as larger quantities than are naturally not to change the basic composition of
21
VerDate 18