Bureau of Alcohol, Tobacco and Firearms, Treasury Pt. 4
under subpart B of this part) author- SALES OF DISTILLED SPIRITS FOR izing the distilling, processing, recti- INDUSTRIAL USE fying, or warehousing and bottling of distilled spirits, or operating permits § 1.95 General. (issued under § 19.157 and succeeding Distillers, rectifiers, and other per- sections of this chapter) may acquire mittees engaged in the sale or other or receive in bulk and redistill, ware- disposition of distilled spirits for non- house, or process distilled spirits, so industrial use shall not sell or other- far as permitted by law. wise dispose of distilled spirits in bulk (b) Proprietors of class 8 customs bond- (other than alcohol) for industrial use, ed warehouses. If the permittee oper- unless such distilled spirits are shipped ates a class 8 customs bonded ware- or delivered directly to the industrial house, the permittee may acquire or user thereof. receive in bulk, and warehouse and bot- tle, imported distilled spirits, so far as PART 4—LABELING AND permitted by the customs laws. ADVERTISING OF WINE (26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 (49 Stat. 981, as amended)) Subpart A—Scope § 1.83 Acquiring or receiving distilled Sec. spirits in bulk for addition to wine. 4.1 General. Persons holding permits as producers 4.2 Territorial extent. and blenders of wine, may, pursuant to 4.3 Forms prescribed. such permit, acquire or receive in bulk Subpart B—Definitions alcohol or brandy for addition to wines. 4.10 Meaning of terms. § 1.84 Acquisition of distilled spirits in bulk by Government agencies. Subpart C—Standards of Identity for Wine Any agency of the United States, or 4.20 Application of standards. of any State or political subdivision 4.21 The standards of identity. thereof, may acquire or receive in 4.22 Blends, cellar treatment, alteration of bulk, and warehouse and bottle, im- class or type. ported and domestic distilled spirits in 4.23 Varietal (grape type) labeling. conformity with the internal revenue 4.24 Generic, semi-generic, and non-generic laws. designations of geographic significance. 4.25 Appellations of origin. 4.25a Appellations of origin. WAREHOUSE RECEIPTS 4.26 Estate bottled. § 1.90 Distilled spirits in bulk. 4.27 Vintage wine. 4.28 Type designations of varietal signifi- By the terms of the Act (27 U.S.C. cance. 206), all warehouse receipts for distilled spirits in bulk must require that the Subpart D—Labeling Requirements for warehouseman shall package such dis- Wine tilled spirits, before delivery, in bottles 4.30 General. labeled and marked in accordance with 4.32 Mandatory label information. law, or deliver such distilled spirits in 4.33 Brand names. bulk only to persons to whom it is law- 4.34 Class and type. ful to sell or otherwise dispose of dis- 4.35 Name and address. tilled spirits in bulk. 4.35a Name and address. 4.36 Alcoholic content. § 1.91 Bottled distilled spirits. 4.37 Net contents. 4.38 General requirements. The provisions of the Act, which for- 4.38a Bottle cartons, booklets and leaflets. bid any person to sell, offer to sell, con- 4.39 Prohibited practices. tract to sell, or otherwise dispose of warehouse receipts for distilled spirits Subpart E—Requirements for Withdrawal of in bulk, do not apply to warehouse re- Wine From Customs Custody ceipts for bottled distilled spirits. 4.40 Label approval and release. CROSS REFERENCE: For labeling of distilled 4.45 Certificates of origin and identity. spirits, see part 5 of this chapter. 4.46 Certificate of nonstandard fill.
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Subpart F—Requirements for Approval of 27 CFR Part 252—Exportation of Liquors. Labels of Wine Domestically Bottled or Packed Subpart A—Scope 4.50 Certificates of label approval. § 4.1 General. 4.51 Exhibiting certificates to Government officials. The regulations in this part relate to 4.52 Photoprints. the labeling and advertising of wine.
Subpart G—Advertising of Wine § 4.2 Territorial extent. 4.60 Application. This part applies to the several 4.61 Definitions. States of the United States, the Dis- 4.62 Mandatory statements. trict of Columbia, and Puerto Rico. 4.63 Legibility of mandatory information. 4.64 Prohibited practices. § 4.3 Forms prescribed. 4.65 Comparative advertising. (a) The Director is authorized to pre- Subpart H—Standards of Fill for Wine scribe all forms required by this part. All of the information called for in 4.70 Application. each form shall be furnished as indi- 4.71 Standard wine containers. cated by the headings on the form and 4.72 Standards of fill. 4.73 Metric standards of fill. the instructions on or pertaining to the form. In addition, information called Subpart I—General Provisions for in each form shall be furnished as required by this part. 4.80 Exports. (b) Requests for forms should be mailed to the ATF Distribution Center, Subpart J—American Grape Variety 7943 Angus Court, Springfield, Virginia Names 22153. 4.91 List of approved prime names. [T.D. ATF–92, 46 FR 46911, Sept. 23, 1981, as 4.92 Alternative names permitted for tem- amended by T.D. ATF–249, 52 FR 5955, Feb. porary use. 27, 1987; T.D. 372, 61 FR 20723, May 8, 1996] 4.93 Approval of grape variety names.
AUTHORITY: 27 U.S.C. 205, unless otherwise noted. Subpart B—Definitions SOURCE: T.D. 6521, 25 FR 13835, Dec. 29, 1960, § 4.10 Meaning of terms. unless otherwise noted. As used in this part, unless the con- EDITORIAL NOTE: For a document affecting text otherwise requires, terms shall part 4, see the editorial note appearing at have the meaning ascribed in this part. the beginning of this chapter. Act. The Federal Alcohol Administra- CROSS REFERENCES: Other regulations re- tion Act. lating to this part are as follows: Added brandy. Brandy or wine spirits 27 CFR Part 1—Basic Permit Requirements for use in fortification of wine as per- Under the Federal Alcohol Administra- mitted by internal revenue law. tion Act. Advertisement. See § 4.61 for meaning 27 CFR Part 5—Labeling and Advertising of of term as used in subpart G of this Distilled Spirits. part. 27 CFR Part 7—Labeling and Advertising of Alcohol. Ethyl alcohol distilled at or Malt Beverages. ° 27 CFR Part 9—American Viticultural Areas. above 190 proof. 27 CFR Part 12—Foreign Nongeneric Names American. The several States, the of Geographic Significance Used in the District of Columbia, and Puerto Rico; Designation of Wines. ‘‘State’’ includes the District of Colum- 27 CFR Part 16—Alcoholic Beverage Health bia and Puerto Rico. Warning Statement. Bottler. Any person who places wine 27 CFR Part 200—Rules of Practice in Permit in containers of four liters or less. (See Proceedings. meaning for ‘‘containers’’ and ‘‘pack- 27 CFR Part 240—Wine. 27 CFR Part 250—Liquors and Articles from er’’.) Puerto Rico and the Virgin Islands. Brand label. The label carrying, in 27 CFR Part 251—Importation of Distilled the usual distinctive design, the brand Spirits, Wines and Beer. name of the wine.
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Container. Any bottle, barrel, cask, or added an amount of water not exceed- other closed receptacle irrespective of ing the amount removed in the dehy- size or of the material from which dration process. made for use for the sale of wine at re- Sugar. Pure cane, beet, or dextrose tail. (See meaning for ‘‘bottler’’ and sugar in dry for containing, respec- ‘‘packer’’.) tively, not less than 95 percent of ac- Director. The Director, Bureau of Al- tual sugar calculated on a dry basis. cohol, Tobacco and Firearms, the De- Total solids. The degrees Brix of the partment of the Treasury, Washington, dealcoholized wine restored to its DC. original volume. Gallon. A U.S. gallon of 231 cubic Trade buyer. Any person who is a inches of alcoholic beverages at 60 °F. wholesaler or retailer. Interstate or foreign commerce. Com- United States. The several States, the merce between any State and any place District of Columbia, and Puerto Rico; outside thereof, or commerce within the term ‘‘State’’ includes the District any Territory or the District of Colum- of Columbia and Puerto Rico. bia, or between points within the same Use of other terms. Any other term de- State but through any place outside fined in the Federal Alcohol Adminis- thereof. tration Act and used in this part shall Liter or litre. (a) A metric unit of ca- have the same meaning assigned to it pacity equal to 1,000 cubic centimeters by the Act. and equivalent to 33.814 U.S. fluid Wine. (a) Wine as defined in section ounces. For purposes of this part, a 610 and section 617 of the Revenue Act liter is subdivided into 1,000 milliliters of 1918 (26 U.S.C. 3036, 3044, 3045) and (b) (ml). other alcoholic beverages not so de- (b) For purposes of regulation, one fined, but made in the manner of wine, liter of wine is defined as that quantity including sparkling and carbonated (mass) of wine occupying a one-liter wine, wine made from condensed grape volume at 20 °Celsius (68 °F). must, wine made from other agricul- Packer. Any person who places wine tural products than the juice of sound, in containers in excess of four liters. ripe grapes, initation wine, compounds (See meaning for ‘‘container’’ and sold as wine, vermouth, cider, perry, ‘‘bottler’’.) and sake; in each instance only if con- Percent or percentage. Percent by vol- taining not less than 7 percent, and not ume. more than 24 percent of alcohol by vol- Permittee. Any person holding a basic ume, and if for nonindustrial use. permit under the Federal Alcohol Ad- ministration Act. [T.D. ATF–48, 43 FR 13532, Mar. 31, 1978, as Person. Any individual, partnership, amended by T.D. ATF–49, 43 FR 19848, May 9, joint-stock company, business trust, 1978; T.D. ATF–53, 43 FR 37675, Aug. 23, 1978; association, corporation, or other form 44 FR 55838, Sept. 29, 1979; T.D. ATF–66, 45 FR of business enterprise, including a re- 40544, June 13, 1980; T.D. ATF–94, 46 FR 55095, Nov. 6, 1981; T.D. ATF–299, 55 FR 24988, June ceiver, trustee, or liquidating agent, 19, 1990] and including an officer or employee of any agency of a State or political sub- division thereof. Subpart C—Standards of Identity Pure condensed must. The dehydrated for Wine juice or must of sound, ripe grapes, or other fruit or agricultual products, § 4.20 Application of standards. concentrated to not more than 80° The standards of identity for the sev- (Balling), the composition thereof re- eral classes and types of wine set forth maining unaltered except for removal herein shall be applicable to all regula- of water. tions and permits issued under the act. Regional director (compliance). The Whenever any term for which a stand- principal ATF regional official respon- ard of identity has been established sible for administering regulations in herein is used in any such regulation or this part. permit, such term shall have the mean- Restored pure condensed must. Pure ing assigned to it by such standard of condensed must to which has been identity.
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§ 4.21 The standards of identity. (2) Table wine is grape wine having an Standards of identity for the several alcoholic content not in excess of 14 classes and types of wine set forth in percent by volume. Such wine may also this part shall be as follows: be designated as ‘‘light wine,’’ ‘‘red (a) Class 1; grape wine—(1) Grape wine table wine,’’ ‘‘light white wine,’’ is wine produced by the normal alco- ‘‘sweet table wine,’’ etc., as the case holic fermentation of the juice of may be. sound, ripe grapes (including restored (3) Dessert wine is grape wine having or unrestored pure condensed grape an alcoholic content in excess of 14 per- must), with or without the addition, cent but not in excess of 24 percent by after fermentation, of pure condensed volume. Dessert wine having the taste, grape must, and with or without added aroma and characteristics generally at- grape brandy or alcohol, but without tributed to sherry and an alcoholic other addition or abstraction except as content, derived in part from added may occur in cellar treatment: Pro- grape brandy or alcohol, of not less vided, That the product may be amelio- than 17 percent by volume, may be des- rated before, during or after fermenta- ignated as ‘‘sherry’’. Dessert wines tion by either of the following meth- having the taste, aroma and character- ods: istics generally attributed to angelica, (i) By adding, separately or in com- madeira, muscatel and port and an al- bination, dry sugar, or such an amount coholic content, derived in part from of sugar and water solution as will not added grape brandy or alcohol, of not increase the volume of the resulting less than 18 percent by volume, may be product more than 35 percent; but in no designated as ‘‘angelica,’’ ‘‘madeira,’’ event shall any product so ameliorated ‘‘muscatel,’’ or ‘‘port’’ respectively. have an alcoholic content derived by Dessert wines having the taste, aroma, fermentation, of more than 13 percent and characteristics generally attrib- by volume, or a natural acid content, if uted to any of the above products and water has been added, of less than 5 an alcoholic content, derived in part parts per thousand, or a total solids from added grape brandy or alcohol, in content of more than 22 grams per 100 excess of 14 percent by volume but, in cubic centimeters. the case of sherry, less than 17 percent, (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
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to but not in lieu of the class designa- wine. Crackling wine which derives its tion ‘‘sparkling wine,’’ be further des- effervescence from secondary fer- ignated as: mentation in containers greater than (A) ‘‘champagne style;’’ or 1-gallon capacity shall be designated (B) ‘‘champagne type;’’ or ‘‘crackling wine—bulk process,’’ and (C) ‘‘American (or New York State, the words ‘‘bulk process’’ shall appear Napa Valley, etc.) champagne,’’ along in lettering of substantially the same with one of the following terms: ‘‘Bulk size as the words ‘‘crackling wine.’’ process,’’ ‘‘fermented outside the bot- (c) Class 3; carbonated grape wine. tle,’’ ‘‘secondary fermentation outside ‘‘Carbonated grape wine’’ (including the bottle,’’ ‘‘secondary fermentation ‘‘carbonated wine,’’ ‘‘carbonated red before bottling,’’ ‘‘not fermented in the wine,’’ and ‘‘carbonated white wine’’) is bottle,’’ or ‘‘not bottle fermented.’’ The grape wine made effervescent with car- term ‘‘charmat method’’ or ‘‘charmat bon dioxide other than that resulting process’’ may be used as additional in- solely from the secondary fermentation formation. of the wine within a closed container, (ii) Labels shall be so designed that tank or bottle. all the words in such further designa- (d) Class 4; citrus wine. (1)(i) Citrus tion are readily legible under ordinary wine or citrus fruit wine is wine pro- conditions and are on a contrasting duced by the normal alcoholic fer- background. In the case of paragraph mentation of the juice of sound, ripe (b)(3)(i)(C) of this section, ATF will citrus fruit (including restored or consider whether the label as a whole unrestored pure condensed citrus provides the consumer with adequate must), with or without the addition, information about the method of pro- after fermentation, of pure condensed duction and origin of the wine. ATF citrus must, and with or without added will evaluate each label for legibility citrus brandy or alcohol, but without and clarity, based on such factors as any other addition or abstraction ex- type size and style for all components cept as may occur in cellar treatment: of the further designation and the op- Provided, That a domestic product may tional term ‘‘charmat method’’ or be ameliorated or sweetened in accord- ‘‘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 Director may author- lution as will not increase the volume ize the use of a term on sparkling wine of the resulting product more than 35 labels, as an alternative to those terms percent, but in no event shall any prod- authorized in paragraph (b)(3)(i) of this uct so ameliorated have an alcoholic section, but not in lieu of the required content, derived by fermentation, of class designation ‘‘sparkling wine,’’ more than 13 percent by volume, or a upon a finding that such term ade- natural acid content, if water has been quately informs the consumer about added, of less than 5 parts per thou- the method of production of the spar- sand, or a total solids content of more kling 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
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content not in excess of 14 percent by uct so ameliorated have an alcoholic volume. Such wine may also be des- content, derived by fermentation, of ignated ‘‘light citrus wine,’’ ‘‘light cit- more than 13 percent by volume, or a rus fruit wine,’’ ‘‘light sweet citrus natural acid content, if water has been fruit wine,’’ etc., as the case may be. added, of less than 5 parts per thou- (3) Citrus dessert wine or citrus fruit sand, or a total solids content of more dessert wine is citrus wine having an al- than 22 grams per 100 cubic centi- coholic content in excess of 14 percent meters. but not in excess of 24 percent by vol- (ii) The maximum volatile acidity, ume. calculated as acetic acid and exclusive (4) Citrus wine derived wholly (except of sulfur dioxide, shall not be, for nat- for sugar, water, or added alcohol) from ural fruit wine, more than 0.14 gram, one kind of citrus fruit, shall be des- and for other fruit wine, more than 0.12 ignated by the word ‘‘wine’’ qualified gram, per 100 milliliters (20 °C.). by the name of such citrus fruit, e.g., (iii) Any fruit wine containing no ‘‘orange wine,’’ ‘‘grapefruit wine.’’ Cit- added brandy or alcohol may be further rus wine not derived wholly from one designated as ‘‘natural.’’ kind of citrus fruit shall be designated (2) Berry wine is fruit wine produced as ‘‘citrus wine’’ or ‘‘citrus fruit wine’’ from berries. qualified by a truthful and adequate (3) Fruit table wine or berry table wine statement of composition appearing in is fruit or berry wine having an alco- direct conjunction therewith. Citrus holic content not in excess of 14 per- wine rendered effervescent by carbon dioxide resulting solely from the sec- cent by volume. Such wine may also be ondary fermentation of the wine within designated ‘‘light fruit wine,’’ or ‘‘light a closed container, tank, or bottle shall berry wine.’’ be further designated as ‘‘sparkling’’; (4) Fruit dessert wine or berry dessert and citrus wine rendered effervescent wine is fruit or berry wine having an by carbon dioxide otherwise derived alcoholic content in excess of 14 per- shall be further designated as ‘‘carbon- cent but not in excess of 24 percent by ated.’’ volume. (e) Class 5; fruit wine. (1)(i) Fruit wine (5) Fruit wine derived wholly (except is wine (other than grape wine or citrus for sugar, water, or added alcohol) from wine) produced by the normal alcoholic one kind of fruit shall be designated by fermentation of the juice of sound, ripe the word ‘‘wine’’ qualified by the name fruit (including restored or unrestored of such fruit, e.g., ‘‘peach wine,’’ pure condensed fruit must), with or ‘‘blackberry wine.’’ Fruit wine not de- without the addition, after fermenta- rived wholly from one kind of fruit tion, of pure condensed fruit must, and shall be designated as ‘‘fruit wine’’ or with or without added fruit brandy or ‘‘berry wine,’’ as the case may be, alcohol, but without other addition or qualified by a truthful and adequate abstraction except as may occur in cel- statement of composition appearing in lar treatment: Provided, That a domes- direct conjunction therewith. Fruit tic product may be ameliorated or wines which are derived wholly (except sweetened in accordance with the pro- for sugar, water, or added alcohol) from visions of 26 U.S.C. 5384 and any prod- apples or pears may be designated uct other than domestic may be ame- ‘‘cider’’ and ‘‘perry,’’ respectively, and liorated before, during, or after fer- shall be so designated if lacking in vi- mentation by adding, separately or in nous taste, aroma, and characteristics; combination, dry sugar, or such an however, the term ‘‘hard cider’’ may amount of sugar and water solution as not be used to designate any fruit wine; will increase the volume of the result- it may only be used to designate hard ing product, in the case of wines pro- cider as defined in part 24 of this chap- duced from loganberries, currants, or ter. Fruit wine rendered effervescent gooseberries, having a normal acidity by carbon dioxide resulting solely from of 20 parts or more per thousand, not the secondary fermentation of the wine more than 60 percent, and in the case within a closed container, tank, or bot- of other fruit wines, not more than 35 tle shall be further designated as percent, but in no event shall any prod- ‘‘sparkling’’; and fruit wine rendered
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effervescent by carbon dioxide other- (4) Raisin wine is wine of this class wise derived shall be further designated made from dried grapes. as ‘‘carbonated.’’ (5) Sake is wine of this class produced (f) Class 6; wine from other agricultural from rice in accordance with the com- products. (1)(i) Wine of this class is monly accepted method of manufac- wine (other than grape wine, citrus ture of such product. wine, or fruit wine) made by the nor- (6) Wine of this class derived wholly mal alcoholic fermentation of sound (except for sugar, water, or added alco- fermentable agricultural products, ei- hol) from one kind of agricultural ther fresh or dried, or of the restored or product shall except in the case of unrestored pure condensed must there- ‘‘sake,’’ be designated by the word of, with the addition before or during ‘‘wine’’ qualified by the name of such fermentation of a volume of water not agricultural product, e.g., ‘‘honey greater than the minimum necessary wine,’’ ‘‘raisin wine,’’ ‘‘dried black- to correct natural moisture defi- berry wine.’’ Wine of this class not de- ciencies in such products, with or with- rived wholly from one kind of agricul- out the addition, after fermentation, of tural product shall be designated as pure condensed must, and with or with- ‘‘wine’’ qualified by a truthful and ade- out added alcohol or such other spirits quate statement of composition ap- as will not alter the character of the pearing in direct conjunction there- product, but without other addition or with. Wine of this class rendered effer- abstraction except as may occur in cel- vescent by carbon dioxide resulting lar treatment: Provided, That a domes- solely from the secondary fermentation tic product may be ameliorated or of wine within a closed container, sweetened in accordance with part 24, tank, or bottle shall be further des- of this chapter, and any product other ignated as ‘‘sparkling’’; and wine of than domestic may be ameliorated be- this class rendered effervescent by car- fore, during, or after fermentation by bon dioxide otherwise derived shall be adding, separately or in combination, further designated as ‘‘carbonated.’’ dry sugar or such an amount of sugar (g) Class 7; aperitif wine. (1) Aperitif and water solution as will not increase wine is wine having an alcoholic con- the volume of the resulting product tent of not less than 15 percent by vol- more than 35 percent, but in no event ume, compounded from grape wine con- shall any product so ameliorated have taining added brandy or alcohol, fla- 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.
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(iii) Any class or type of wine the CROSS REFERENCE: For regulations relating taste, aroma, color, or other character- to fortified wine, see part 240 of this chapter. istics of which have been acquired in whole or in part, by treatment with § 4.22 Blends, cellar treatment, alter- methods or materials of any kind (ex- ation of class or type. cept as permitted in § 4.22(c)(6)), if the (a) If the class or type of any wine taste, aroma, color, or other character- shall be altered, and if the product as istics of normal wines of such class or so altered does not fall within any type are acquired without such treat- other class or type either specified in ment. §§ 4.20 through 4.25 or known to the (iv) Any wine made from must con- trade, then such wine shall, unless oth- centrated at any time to more than 80° erwise specified in this section, be des- (Balling). ignated with a truthful and adequate (2) ‘‘Substandard wine’’ or ‘‘other statement of composition in accord- than standard wine’’ shall bear as a ance with § 4.34. part of its designation the word ‘‘sub- (b) Alteration of class or type shall standard,’’ and shall include: be deemed to result from any of the fol- (i) Any wine having a volatile acidity lowing occurring before, during, or in excess of the maximum prescribed after production. therefor in §§ 4.20 to 4.25. (ii) Any wine for which no maximum (1) Treatment of any class or type of volatile acidity is prescribed in §§ 4.20 wine with substances foreign to such to 4.25, inclusive, having a volatile wine which remain therein: Provided, acidity, calculated as acetic acid and That the presence in finished wine of exclusive of sulfur dioxide, in excess of not more than 350 parts per million of 0.14 gram per 100 milliliters (20 °C.). total sulfur dioxide, or sulphites ex- (iii) Any wine for which a standard of pressed as sulfur dioxide, shall not be identity is prescribed in this §§ 4.20 to precluded under this paragraph. 4.25, inclusive, which, through disease, (2) Treatment of any class or type of decomposition, or otherwise, fails to wine with substances not foreign to have the composition, color, and clean such wine but which remain therein in vinous taste and aroma of normal larger quantities than are naturally wines conforming to such standard. and normally present in other wines of (iv) Any ‘‘grape wine’’ ‘‘citrus wine,’’ the same class or type not so treated. ‘‘fruit wine,’’ or ‘‘wine from other agri- (3) Treatment of any class or type of cultural products’’ to which has been wine with methods or materials of any added sugar and water solution in an kind to such an extent or in such man- amount which is in excess of the limi- ner as to affect the basic composition tations prescribed in the standards of of the wine so treated by altering any identity for these products, unless, in of its characteristic elements. the case of ‘‘citrus wine,’’ ‘‘fruit wine’’ (4) Blending of wine of one class with and ‘‘wine from other agricultural wine of another class or the blending of products’’ the normal acidity of the wines of different types within the material from which such wine is pro- same class. duced is 20 parts or more per thousand (5) Treatment of any class or type of and the volume of the resulting prod- wine for which a standard of identity is uct has not been increased more than prescribed in this article with sugar or 60 percent by such addition. water in excess of the quantities spe- (i) ‘‘Retsina Class 9; retsina wine. cifically authorized by such standard: wine’’ is grape table wine fermented or Provided, That the class or type thereof flavored with resin. shall not be deemed to be altered (i) [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as where such wine (other than grape amended by T.D. 6776, 29 FR 16985, Dec. 11, wine) is derived from fruit, or other ag- 1964; T.D. 7185, 37 FR 7975, Apr. 22, 1972; T.D. ricultural products, having a high nor- ATF–48, 44 FR 55839, Sept. 28, 1979; T.D. ATF– mal acidity, if the total solids content 299, 55 FR 24988, June 19, 1990; T.D. ATF–312, 56 FR 31076, July 9, 1991; T.D. ATF–335, 58 FR is not more than 22 grams per 100 cubic 5615, Jan. 22, 1993; T.D. ATF–355, 59 FR 14553, centimeters, and the content of natural Mar. 29, 1994; T.D. 372, 61 FR 20723, May 8, acid is not less than 7.5 parts per thou- 1996; T.D. ATF–398, 63 FR 44782, Aug. 21, 1998] sand and (ii) where such wine is derived
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exclusively from fruit, or other agri- vided in section 5382 of the Internal cultural products, the normal acidity Revenue Code. of which is 20 parts or more per thou- (7) Notwithstanding the provisions of sand, if the volume of the resulting § 4.21(b) (1), (2) and (4), (c), (d)(4), (e)(5), product has been increased not more and (f)(6) carbon dioxide may be used to than 60 percent by the addition of maintain counterpressure during the sugar and water solution, for the sole transfer of finished sparkling wines purpose of correcting natural defi- from (i) bulk processing tanks to bot- ciencies due to such acidity, and (ex- tles, or (ii) bottle to bottle: Provided, cept in the case of such wines when That the carbon dioxide content of the produced from loganberries, currants, wine shall not be increased by more or gooseberries) there is stated as a than 0.009 gm. per 100 ml. during the part of the class and type designation transfer operation. the phrase ‘‘Made with over 35 percent [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as sugar solution’’. amended by T.D. 6776, 29 FR 16985, Dec. 11, (c) Nothing in this section shall pre- 1964; T.D. 7185, 37 FR 7976, Apr. 22, 1972] clude the treatment of wine of any class or type in the manner hereinafter § 4.23 Varietal (grape type) labeling. specified, provided such treatment does (a) General. The names of one or more not result in the alteration of the class grape varieties may be used as the type or type of the wine under the provi- designation of a grape wine only if the sions of paragraph (b) of this section. wine is also labeled with an appellation (1) Treatment with filtering equip- of origin as defined in § 4.25a. ment, and with fining or sterilizing (b) One variety. Except as provided in agents. paragraph (c) of this section, the name (2) Treatment with pasteurization as of a single grape variety may be used necessary to perfect the wines to com- as the type designation if not less than mercial standards in accordance with 75 percent of the wine is derived from acceptable cellar practice but only in grapes of that variety, the entire 75 such a manner and to such an extent as percent of which was grown in the la- not to change the basic composition of beled appellation of origin area. the wine nor to eliminate any of its (c) Exceptions. (1) Wine made from characteristic elements. any Vitis labrusca variety (exclusive of (3) Treatment with refrigeration as hybrids with Vitis labrusca parentage) necessary to perfect the wine to com- may be labeled with the variety name mercial standards in accordance with if: acceptable cellar practice but only in (i) Not less than 51 percent of the such a manner and to such an extent as wine is derived from grapes of the not to change the basic composition of named variety; the wine nor to eliminate any of its (ii) The statement ‘‘contains not less characteristic elements. than 51 percent (name of variety)’’ is (4) Treatment with methods and ma- shown on the brand label, back label, terials to the minimum extent nec- or a separate strip label, (except that essary to correct cloudiness, precipita- this statement need not appear if 75 tion, or abnormal color, odor, or flavor percent or more of the wine is derived developing in wine. from grapes of the named variety); and (5) Treatment with constituents nat- (iii) The entire qualifying percentage urally present in the kind of fruit or of the named variety was grown in the other agricultural product from which labeled appellation of origin area. the wine is produced for the purpose of (2) Wine made from any variety of correcting deficiencies of these con- any species found by the Director upon stituents, but only to the extent that appropriate application to be too such constituents would be present in strongly flavored at 75 percent min- normal wines of the same class or type imum varietal content may be labeled not so treated. with the varietal name if: (6) Treatment of any class or type of (i) Not less than 51 percent of the wine involving the use of volatile fruit- wine is derived from grapes of that va- flavor concentrates in the manner pro- riety;
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(ii) The statement ‘‘contains not less an appropriate appellation of origin than 51 percent (name of variety)’’ is disclosing the true place of origin of shown on the brand label, back label, the wine, and if the wine so designated or a separate strip label (except that conforms to the standard of identity, if this statement need not appear if 75 any, for such wine contained in the percent or more of the wine is derived regulations in this part or, if there be from grapes of the named variety); and no such standard, to the trade under- (iii) The entire qualifying percentage standing of such class or type. See of the named variety was grown in the § 24.257(c) of this chapter for exceptions labeled appellation of origin area. to the Director’s authority to remove (d) Two or more varieties. The names names from paragraph (b)(2) of this sec- of two or more grape varieties may be used as the type designation if: tion. (1) All of the grapes used to make the (2) Examples of semi-generic names wine are of the labeled varieties; which are also type designations for (2) The percentage of the wine de- grape wines are Angelica, Burgundy, rived from each variety is shown on the Claret, Chablis, Champagne, Chianti, label (with a tolerance of plus or minus Malaga, Marsala, Madeira, Moselle, 2 percent); and Port, Rhine Wine (syn. Hock), Sau- (3)(i) If labeled with a multicounty terne, Haut Sauterne, Sherry, Tokay. appellation of origin, the percentage of (c)(1) A name of geographic signifi- the wine derived from each variety cance, which has not been found by the from each county is shown on the Director to be generic or semi-generic label; or may be used only to designate wines of (ii) If labeled with a multistate ap- the origin indicated by such name, but pellation of origin, the percentage of such name shall not be deemed to be the wine derived from each variety the distinctive designation of a wine from each state is shown on the label. unless the Director finds that it is (e) List of approved variety names. Ef- known to the consumer and to the fective February 7, 1996, the name of a trade as the designation of a specific grape variety may be used as a type designation for an American wine only wine of a particular place or region, if that name has been approved by the distinguishable from all other wines. Director. A list of approved grape vari- (2) Examples of nongeneric names ety names appears in subpart J of this which are not distinctive designations part. of specific grape wines are: American, California, Lake Erie, Napa Valley, [T.D. ATF–370, 61 FR 538, Jan. 8, 1996] New York State, French, Spanish. Ad- § 4.24 Generic, semi-generic, and non- ditional examples of foreign nongeneric generic designations of geographic names are listed in subpart C of part 12 significance. of this chapter. (a)(1) A name of geographic signifi- (3) Examples of nongeneric names cance which is also the designation of a which are also distinctive designations class or type of wine, shall be deemed of specific grape wines are: Bordeaux to have become generic only if so found Blanc, Bordeaux Rouge, Graves, Medoc, by the Director. Saint–Julien, Chateau Yquem, Chateau (2) Examples of generic names, origi- Margaux, Chateau Lafite, Pommard, nally having geographic significance, Chambertin, Montrachet, Rhone, which are designations for a class or Liebfraumilch, Rudesheimer, Forster, type of wine are: Vermouth, Sake. Deidesheimer, Schloss Johannisberger, (b)(1) A name of geographic signifi- Lagrima, and Lacryma Christi. A list cance, which is also the designation of of foreign distinctive designations, as a class or type of wine, shall be deemed determined by the Director, appears in to have become semi-generic only if so subpart D of part 12 of this chapter. found by the Director. Semi-generic designations may be used to designate [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as wines of an origin other than that indi- amended by T.D. ATF–296, 55 FR 17967, Apr. cated by such name only if there ap- 30, 1990; T.D. ATF–398, 63 FR 44783, Aug. 21, pears in direct conjunction therewith 1998]
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§ 4.25 Appellations of origin. county or multistate appellation, or a viticultural area, if: (a) A wine shall be entitled to an ap- (i) At least 75 percent of the wine is pellation of origin if (1) at least 75 per- derived from fruit or agricultural prod- cent of its volume is derived from fruit ucts grown in the appellation area indi- or agricultural products grown in the cated; (ii) it has been fully finished (ex- place or region indicated by such ap- cept for cellar treatment pursuant to pellation, (2) it has been fully manufac- § 4.22(c), and blending which does not tured and finished within the State in result in an alteration of class or type which such place or region is located, under § 4.22(b)) in the United States, if and (3) it conforms to the requirements labeled ‘‘American’’; or, if labeled with of the laws and regulations of such a State appellation, within the labeled place or region governing the composi- State or an adjacent State; or if la- tion, method of manufacture, and des- beled with a county appellation, within ignation of wines for home consump- the State in which the labeled county tion. is located; and (iii) it conforms to the (b) Wines subjected to cellar treat- laws and regulations of the named ap- ment outside the place or region of ori- pellation area governing the composi- gin under the provisions of § 4.22(c), and tion, method of manufacture, and des- blends of wines of the same origin ignation of wines made in such place. blended together outside the place or (2) Imported wine. An imported wine region of origin (if all the wines in the is entitled to an appellation of origin blend have a common class, type or other than a viticultural area if: other designation which is employed as (i) At least 75 percent of the wine is the designation of the blend) shall be derived from fruit or agricultural prod- entitled to the same appellation of ori- ucts grown in the area indicated by the gin to which they would be entitled if appellation of origin; and (ii) The wine such cellar treatment or blending took conforms to the requirements of the place within the place or region of ori- foreign laws and regulations governing gin. the composition, method of production, (c) This section does not apply after and designation of wines available for December 31, 1982. consumption within the country of ori- gin. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as (c) Multicounty appellations. An appel- amended by T.D. 7185, 37 FR 7976, Apr. 22, lation of origin comprising two or no 1972; T.D. ATF–201, 50 FR 12533, Mar. 29, 1985] more than three counties in the same State may be used if all of the fruit or § 4.25a Appellations of origin. other agricultural products were grown (a) Definition—(1) American wine. An in the counties indicated, and the per- American appellation of origin is: (i) centage of the wine derived from fruit The United States; (ii) a State; (iii) two or other agricultural products grown in or no more than three States which are each county is shown on the label with all contiguous; (iv) a county (which a tolerance of plus or minus two per- must be identified with the word cent. ‘‘county’’, in the same size of type, and (d) Multistate appellation. An in letters as conspicuous as the name appelation of origin comprising two or of the county); (v) two or no more than no more than three States which are three counties in the same States; or all contiguous may be used, if: (vi) a viticultural area (as defined in (1) All of the fruit or other agricul- paragraph (e) of this section). tural products were grown in the (2) Imported wine. An appellation of States indicated, and the percentage of origin for imported wine is: (i) A coun- the wine derived from fruit or other ag- try, (ii) a state, province, territory, or ricultural products grown in each similar political subdivision of a coun- State is shown on the label with a tol- try equivalent to a state or county; or erance of plus or minus two percent; (iii) a viticultural area. (2) it has been fully finished (except (b) Qualification—(1) American wine. for cellar treatment pursuant to An American wine is entitled to an ap- § 4.22(c), and blending which does not pellation of origin other than a multi- result in an alteration of class or type
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under § 4.22(b)) in one of the labeled ap- (ii) Not less than 85 percent of the pellation States; (3) it conforms to the wine is derived from grapes grown laws and regulations governing the within the boundaries of the composition, method of manufacture, viticultural area; and designation of wines in all the (iii) In the case of foreign wine, it States listed in the appellation. conforms to the requirements of the (e) Viticultural area—(1) Definition—(i) foreign laws and regulations governing American wine. A delimited grape grow- the composition, method of production, ing region distinguishable by geo- and designation of wines available for graphical features, the boundaries of consumption within the country of ori- which have been recognized and defined gin; and in part 9 of this chapter. (iv) In the case of American wine, it (ii) Imported wine. A delimited place has been fully finished within the or region (other than an appellation de- State, or one of the States, within fined in paragraph (a)(2)(i) or (a)(2)(ii)) which the labeled viticultural area is the boundaries of which have been rec- located (except for cellar treatment ognized and defined by the country of pursuant to §4.22(c), and blending origin for use on labels of wine avail- which does not result in an alteration able for consumption within the coun- of class and type under §4.22(b)). try of origin. (4) Overlap viticultural area appella- (2) Establishment of American tions. An appellation of origin com- viticultural areas. Petitions for estab- prised of more than one viticultural lishment of American viticultural area may be used in the case of over- areas may be made to the director by lapping viticultural areas if not less any interested party, pursuant to the than 85 percent of the volume of the provisions of § 71.41(c) of this title. The wine is derived from grapes grown in petition may be in the form of a letter, the overlapping area. and should contain the following infor- mation: [T.D. ATF–53, 43 FR 37675, Aug. 23, 1978, as (i) Evidence that the name of the amended by T.D. ATF–84, 46 FR 29261, June 1, viticultural area is locally and/or na- 1981; T.D. ATF–92, 46 FR 46912, Sept. 23, 1981; tionally known as referring to the area T.D. ATF–195, 50 FR 763, Jan. 7, 1985; T.D. specified in the application; (ii) histor- ATF–201, 50 FR 12533, Mar. 29, 1985; T.D. ical or current evidence that the ATF–222, 51 FR 3774, Jan. 30 1986; T.D. ATF– 312, 56 FR 31076, July 9, 1991; T.D. ATF–355, 59 boundaries of the viticultural area are FR 14553, Mar. 29, 1994] as specified in the application; (iii) evi- dence relating to the geographical fea- § 4.26 Estate bottled. tures (climate, soil, elevation, physical features, etc.) which distinguish the (a) Conditions for use. The term Estate viticultural features of the proposed bottled may be used by a bottling win- area from surrounding areas; (iv) the ery on a wine label only if the wine is specific boundaries of the viticultural labeled with a viticultural area appel- area, based on features which can be lation of origin and the bottling win- found on U.S. Geological Survey ery: (U.S.G.S.) maps of the largest applica- (1) Is located in the labeled ble scale; and (v) a copy of the appro- viticultural area; (2) grew all of the priate U.S.G.S. map(s) with the bound- grapes used to make the wine on land aries prominently marked. (For owned or controlled by the winery U.S.G.S. maps, write the U.S. Geologi- within the boundaries of the labeled cal Survey, Branch of Distribution, viticultural area; (3) crushed the Box 25286, Federal Center, Denver, Col- grapes, fermented the resulting must, orado 80225. If the map name is not and finished, aged, and bottled the known, request a map index by State.) wine in a continuous process (the wine (3) Requirements for use. A wine may at no time having left the premises of be labeled with a viticultural area ap- the bottling winery). pellation if: (b) Special rule for cooperatives. Grapes (i) The appellation has been approved grown by members of a cooperative under part 9 of this title or by the ap- bottling winery are considered grown propriate foreign government; by the bottling winery.
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(c) Definition of ‘‘Controlled’’. For pur- tainer of the product (showing a vin- poses of this section, Controlled by re- tage date); (3) if the invoice is accom- fers to property on which the bottling panied by, or the American bottler pos- winery has the legal right to perform, sesses, a certificate issued by a duly and does perform, all of the acts com- authorized official of the country of or- mon to viticulture under the terms of a igin (if the country of origin authorizes lease or similar agreement of at least 3 the issuance of such certificates) certi- years duration. fying that the wine is of the vintage (d) Use of other terms. No term other shown, that the laws of the country than Estate bottled may be used on a regulate the appearance of vintage label to indicate combined growing and bottling conditions. dates upon the labels of wine produced for consumption within the country of [T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as origin, that the wine has been produced amended by T.D. ATF–201, 50 FR 12533, Mar. in conformity with those laws, and 29, 1985] that the wine would be entitled to bear § 4.27 Vintage wine. the vintage date if it had been sold (a) General. Vintage wine is wine la- within the country of origin. beled with the year of harvest of the [T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as grapes and made in accordance with amended by T.D. ATF–195, 50 FR 763, Jan. 7, the standards prescribed in classes 1, 2, 1985] or 3 of § 4.21. At least 95 percent of the wine must have been derived from § 4.28 Type designations of varietal grapes harvested in the labeled cal- significance. endar year, and the wine must be la- The following are type designations beled with an appellation of origin of varietal significance for American other than a country (which does not wine. These names may be used as type qualify for vintage labeling). The ap- designations for American wines only pellation shall be shown in direct con- if the wine is labeled with an appella- junction with the designation required tion of origin as defined in § 4.25a. by § 4.32(a)(2), in lettering substantially as conspicuous as that designation. In (a) Muscadine. An American wine no event may the quantity of wine re- which derives at least 75 percent of its moved from the producing winery, volume from Muscadinia rotundifolia under labels bearing a vintage date, ex- grapes. ceed the volume of vintage wine pro- (b) Muscatel. An American wine duced in that winery during the year which derives its predominant taste, indicated by the vintage date. aroma, characteristics and at least 75 (b) American wine. A permittee who percent of its volume from any Muscat produced and bottled or packed the grape source, and which meets the re- wine, or a person other than the pro- quirements of § 4.21(a)(3). ducer who repackaged the wine in con- (c) Muscat or Moscato. An American tainers of 5 liters (or 1-gallon before wine which derives at least 75 percent January 1, 1979) or less may show the of its volume from any Muscat grape year of vintage upon the label if the source. person possesses appropriate records (d) Scuppernong. An American wine from the producer substantiating the which derives at least 75 percent of its year of vintage and the appellation of volume from bronze Muscadinia origin; and if the wine is made in com- rotundifolia grapes. pliance with the provisions of para- graph (a) of this section. (e)(1) Gamay Beaujolais. An American (c) Imported wine. Imported wine may wine which derives at least 75 percent bear a vintage date if: (1) It is made in of its volume from Pinot noir grapes, compliance with the provisions of para- Valdiguie´ grapes, or a combination of graph (a) of this section; (2) it is bot- both. tled in containers of 5 liters (or 1-gal- (2) For wines bottled on or after Jan- lon before January 1, 1979) or less prior uary 1, 1999, and prior to April 9, 2007, to importation, or bottled in the the name ‘‘Gamay Beaujolais’’ may be United States from the original con- used as a type designation only if there
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appears in direct conjunction there- or devices which are false or mis- with, but on a separate line and sepa- leading. rated by the required appellation of or- (b) Alteration of labels. (1) It shall be igin, the name(s) of the grape variety unlawful for any person to alter, muti- or varieties used to satisfy the require- late, destroy, obliterate or remove any ments of paragraph (e)(1) of this sec- mark, brand, or label upon wine held tion. Where two varietal names are for sale in interstate or foreign com- listed, they shall appear on the same merce or after shipment therein, ex- line, in order of predominance. The ap- cept as authorized by Federal law, or pellation of origin shall appear either except as provided in paragraph (b)(2) on a separate line between the name of this section: Provided, That the Re- ‘‘Gamay Beaujolais’’ and the grape va- gional director (compliance) may, upon riety name(s) or on the same line as written application, permit additional the grape variety name(s) in a manner labeling or relabeling of wine for pur- that qualifies the grape variety poses of compliance with the require- name(s). The following statement shall ments of this part or of State law. also appear on the brand or back label: (2) No application for permission to ‘‘Gamay Beaujolais is made from at relabel wine need be made in any case least 75 percent Pinot noir and/or where there is added to the container, Valdiguie´ grapes.’’ after removal from customs custody or (3) The designation ‘‘Gamay Beaujo- from the premises where bottled or lais’’ may not be used on labels of packed, a label identifying the whole- American wines bottled on or after sale or retail distributor thereof, and April 9, 2007. containing no reference whatever to the characteristics of the product. [T.D. ATF–370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF–388, 62 FR 16490, Apr. CROSS REFERENCE: For customs warehouses 7, 1997; T.D. ATF–388a, 62 FR 33747, June 23, and control of merchandise therein, see 19 1997] CFR part 19. § 4.32 Mandatory label information. Subpart D—Labeling (a) There shall be stated on the brand Requirements for Wine label: (1) Brand name, in accordance with § 4.30 General. § 4.33. (a) Application. No person engaged in (2) Class, type, or other designation, business as a producer, rectifier, blend- in accordance with § 4.34. er, importer, or wholesaler, directly or (3) Alcohol content, in accordance indirectly or through an affiliate, shall with § 4.36. sell or ship or deliver for sale or ship- (4) On blends consisting of American ment, or otherwise introduce in inter- and foreign wines, if any reference is state or foreign commerce, or receive made to the presence of foreign wine, therein, or remove from customs cus- the exact percentage by volume. tody, any wine in containers unless (b) There shall be stated on any label such wine is packaged, and such pack- affixed to the container: ages are marked, branded, and labeled (1) Name and address, in accordance in conformity with this article. Wine with § 4.35. domestically bottled or packed prior to (2) Net contents, in accordance with Dec. 15, 1936, and imported wine en- § 4.37. If the net contents is a standard tered in customs bond in containers of fill other than an authorized metric prior to that date shall be regarded as standard of fill as prescribed in § 4.73, being packaged, marked, branded and the net contents statement shall ap- labeled in accordance with this article, pear on a label affixed to the front of if the labels on such wine (1) bear all the bottle. the mandatory label information re- (c) There shall be stated on the brand quired by § 4.32, even though such infor- label or on a back label a statement mation is not set forth in the manner that the product contains FD&C Yel- and form as required by § 4.32 and other low No. 5, where that coloring material sections of this title referred to there- is used in a product bottled on or after in, and (2) bear no statements, designs, October 6, 1984.
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(d) There shall be stated on a front or (c) Trade name of foreign origin. This back label, separate and apart from all section shall not operate to prohibit other information, the following state- the use by any person of any trade ment when saccharin is present in the name or brand of foreign origin not ef- finished product: Use of this product fectively registered in the United may be hazardous to your health. This States Patent Office on August 29, 1935, product contains saccharin which has which has been used by such person or been determined to cause cancer in lab- his predecessors in the United States oratory animals. for a period of at least five years imme- (e) Declaration of sulfites. There shall diately preceding August 29, 1935: Pro- be stated on a front label, back label, vided, That if such trade name or brand strip label or neck label, the statement is used, the designation of the product ‘‘Contains sulfites’’ or ‘‘Contains (a) shall be qualified by the name of the sulfiting agent(s)’’ or a statement iden- locality in the United States in which tifying the specific sulfiting agent produced, and such qualifications shall where sulfur dioxide or a sulfiting be in script, type, or printing as con- agent is detected at a level of 10 or spicuous as the trade name or brand. more parts per million, measured as total sulfur dioxide. The provisions of § 4.34 Class and type. this paragraph shall apply to: (a) The class of the wine shall be (1) Any certificate of label approval stated in conformity with subpart C of issued on or after January 9, 1987; this part if the wine is defined therein, (2) Any wine bottled on or after July except that ‘‘table’’ (‘‘light’’) and ‘‘des- 9, 1987, regardless of the date of sert’’ wines need not be designated as issuance of the certificate of label ap- such. In the case of still grape wine proval; and, there may appear, in lieu of the class (3) Any wine removed on or after designation, any varietal (grape type) January 9, 1988. designation, type designation of vari- (Paragraph (e) approved by the Office of etal significance, semigeneric geo- Management and Budget under Control No. graphic type designation, or geographic 1512–0469) distinctive designation, to which the wine may be entitled. In the case of [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF–150, 48 FR 45556, Oct. champagne, or crackling wines, the 6, 1983; T.D. ATF–195, 50 FR 763, Jan. 7, 1985; type designation ‘‘champagne’’ or T.D. ATF–220, 50 FR 51852, Dec. 20, 1985; T.D. ‘‘crackling wine’’ (‘‘petillant wine’’, ATF–236, 51 FR 34710, Sept. 30, 1986; T.D. ‘‘frizzante wine’’) may appear in lieu of ATF–282, 54 FR 7162, Feb. 16, 1989; T.D. ATF– the class designation ‘‘sparkling wine’’. 312, 56 FR 31076, 31077, July 9, 1991] In the case of wine which has a total solids content of more than 17 grams § 4.33 Brand names. per 100 cubic centimeters the words (a) General. The product shall bear a ‘‘extra sweet’’, ‘‘specially sweetened’’, brand name, except that if not sold ‘‘specially sweet’’ or ‘‘sweetened with under a brand name, then the name of excess sugar’’ shall be stated as a part the person required to appear on the of the class and type designation. The brand label shall be deemed a brand last of these quoted phrases shall ap- name for the purpose of this part. pear where required by part 24 of this (b) Misleading brand names. No label chapter, on wines sweetened with sugar shall contain any brand name, which, in excess of the maximum quantities standing alone, or in association with specified in such regulations. If the other printed or graphic matter creates class of the wine is not defined in sub- any impression or inference as to the part C, a truthful and adequate state- age, origin, identity, or other charac- ment of composition shall appear upon teristics of the product unless the Di- the brand label of the product in lieu of rector finds that such brand name, ei- a class designation. In addition to the ther when qualified by the word mandatory designation for the wine, ‘‘brand’’ or when not so qualified, con- there may be stated a distinctive or veys no erroneous impressions as to fanciful name, or a designation in ac- the age, origin, identity, or other char- cordance with trade understanding. All acteristics of the product. parts of the designation of the wine,
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whether mandatory or optional, shall the words ‘‘produced and bottled by,’’ be in direct conjunction and in let- or ‘‘produced and packed by.’’ tering substantially of the same size (2) If the bottler or packer has also and kind. either made or treated the wine, other- (b) An appellation of origin such as wise than as described in paragraph ‘‘American,’’ ‘‘New York,’’ ‘‘Napa Val- (a)(1) of this section, there may be stat- ley,’’ or ‘‘Chilean,’’ disclosing the true ed, in lieu of the words ‘‘Bottled by’’ or place of origin of the wine, shall appear ‘‘Packed by’’ the phrases ‘‘Blended and in direct conjunction with and in let- bottled (packed) by,’’ ‘‘Rectified and tering substantially as conspicuous as bottled (packed) by.’’ ‘‘Prepared and the class and type designation if: bottled (packed) by,’’ ‘‘Made and bot- (1) A varietal (grape type) designa- tled (packed) by,’’ as the case may be, tion is used under the provisions of or, in the case of imitation wine only, § 4.23; ‘‘Manufactured and bottled (packed) (2) A type designation of varietal sig- by.’’ nificance is used under the provisions (3) In addition to the name of the of § 4.28; bottler or packer and the place where bottled or packed (but not in lieu (3) A semi-generic type designation is thereof) there may be stated the name employed as the class and type des- and address of any other person for ignation of the wine pursuant to whom such wine is bottled or packed, § 4.24(b); immediately preceded by the words (4) A product name is qualified with ‘‘Bottled for’’ or ‘‘Packed for’’ or ‘‘Dis- the word ‘‘Brand’’ under the require- tributed by’’ or other similar state- ments of § 4.39 (j); or ment; or the name and principal place (5) The wine is labeled with the year of business of the rectifier, blender, or of harvest of the grapes, and otherwise maker, immediately preceded by the conforms with the provisions of § 4.27. words ‘‘Rectified by,’’ ‘‘Blended by’’ or The appellation of origin for vintage ‘‘Made by,’’ respectively, or, in the case wine shall be other than a country. of imitation wine only, ‘‘Manufactured [T.D. ATF–53, 43 FR 37677, Aug. 23, 1978; T.D. by.’’ ATF–48, 44 FR 55839, Sept. 28, 1979, as amend- (b) Imported wine. On labels of con- ed by T.D. ATF–195, 50 FR 763, Jan. 7, 1985; tainers of imported wine, there shall be T.D. ATF–229, 51 FR 20482, June 5, 1986; T.D. stated the words ‘‘Imported by’’ or a ATF–312, 56 FR 31077, July 9, 1991; T.D. ATF– similar appropriate phrase, and imme- 370, 61 FR 539, Jan. 8, 1996] diately thereafter the name of the per- mittee who is the importer, agent, sole § 4.35 Name and address. distributor, or other person responsible (a) American wine. On labels of con- for the importation, together with the tainers of American wine, there shall principal place of business in the be stated the name of the bottler or United States of such person. In addi- packer and the place where bottled or tion, but not in lieu thereof, there may packed (or until January 1, 1985, in lieu be stated the name and principal place of such place, the principal place of of business of the foreign producer, business of the bottler or packer if in blender, rectifier, maker, bottler, pack- the same State where the wine was er, or shipper, preceded by the phrases bottled or packed, and, if bottled or ‘‘Produced by,’’ ‘‘Blended by,’’ ‘‘Rec- packed on bonded premises, the AFT tified by,’’ ‘‘Made by,’’ ‘‘Bottled by,’’ registry number of the premises) im- ‘‘Packed by,’’ ‘‘Shipped by,’’ respec- mediately preceded by the words ‘‘bot- tively, or, in the case of imitation wine tled by’’ or ‘‘packed by’’ except that: only, ‘‘Manufactured by.’’ (1) If the bottler or packer is also the (1) If the wine is bottled or packed in person who made not less than 75 per- the United States, there shall be stat- cent of such wine by fermenting the ed, in addition, the name of the bottler must and clarifying the resulting wine, or packer and the place where bottled or if such person treated the wine in or packed immediately preceded by the such manner as to change the class words ‘‘bottled by’’ or ‘‘packed by’’ ex- thereof, there may be stated, in lieu of cept that if the wine is bottled or the words ‘‘bottled by’’ or ‘‘packed by,’’ packed in the United States for the
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person responsible for the importation tical with a name appearing on the there may be stated, in lieu of the basic permit or notice. above-required statements, the name (e) This section does not apply after and principal place of business in the July 27, 1994. United States of such person, imme- [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as diately preceded by the phrase ‘‘im- amended by T.D. 7185, 37 FR 7976, Apr. 22, ported by and bottled (packed) in the 1972; T.D. ATF–53, 43 FR 37677, Aug. 23, 1978; United States for’’ (or a similar appro- T.D. ATF–126, 48 FR 2764, Jan. 21, 1983; T.D. priate phrase). If, however, the wine is ATF–194, 50 FR 759, Jan. 7, 1985; T.D. ATF– bottled or packed in the United States 209, 50 FR 27821, July 8, 1985T.D. ATF–328, 57 by the person responsible for the im- FR 33114, July 27, 1992] portation there may be stated, in lieu § 4.35a Name and address. of the above-required statements, the name and principal place of business in (a) American wine—(1) Mandatory the United States of such person, im- statement. A label on each container of mediately preceded by the phrase ‘‘Im- American wine shall state either ‘‘bot- ported and bottled (packed) by’’ or a tled by’’ or ‘‘packed by’’ followed by similar appropriate phrase. the name of the bottler or packer and the address (in accordance with para- (2) If the wine is blended, bottled, or graph (c)) of the place where the wine packed in a foreign country other than was bottled or packed. Other words the country of origin and the country may also be stated in addition to the of origin is stated or otherwise indi- required words ‘‘bottled by’’ or cated on the label, there shall also be ‘‘packed by’’ and the required name stated the name of the bottler, packer, and address if the use of such words is or blender, and the place where bottled, in accordance with paragraph (a)(2) of packed, or blended, immediately pre- this section. ceded by the words ‘‘Bottled by’’, (2) Optional statements. (i) In addition ‘‘Packed by’’, ‘‘Blended by’’, or other to the statement required by paragraph appropriate statement. (a)(1), the label may also state the (c) Form of address. The ‘‘place’’ stat- name and address of any other person ed shall be the post office address for whom the wine was bottled or (after December 31, 1984, the post office packed, immediately preceded by the address shall be the address shown on words ‘‘bottled for’’ or ‘‘packed for’’ or the basic permit or other qualifying ‘‘distributed by.’’ document of the premises at which the (ii) The words defined in paragraphs operations took place; and there shall (a)(2)(iii)–(a)(2)(vi) may be used, in ac- be shown the address for each oper- cordance with the definitions given, in ation which is designated on the label. addition to the name and address state- An example of such use would be ‘‘Pro- ment required by paragraph (a)(1). Use duced at Gilroy, California, and bottled of these words may be conjoined, using at San Mateo, California, by XYZ Win- the word ‘‘and’’, and with the words ery’’), except that the street address ‘‘bottled by’’ or ‘‘packed by’’ only if may be omitted. No additional places the same person performed the defined or addresses shall be stated for the operation at the same address. More same person unless (1) such person is than one name is necessary if the de- actively engaged in the conduct of an fined operation was performed by a per- additional bona fide and actual alco- son other than the bottler or packer holic beverage business at such addi- and more than one address statement tional place or address, and (2) the is necessary if the defined operation label also contains in direct conjunc- was performed at a different address. tion therewith, appropriate descriptive (iii) Produced or Made means that the material indicating the function occur- named winery: ring at such additional place or address (A) Fermented not less than 75% of in connection with the particular prod- such wine at the stated address, or uct. (B) Changed the class or type of the (d) Trade or operating names. The wine by addition of alcohol, brandy, trade or operating name of any person flavors, colors, or artificial appearing upon any label shall be iden- carbonation at the stated address, or
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(C) Produced sparkling wine by sec- name and address of the principal place ondary fermentation at the stated ad- of business of the foreign producer. dress. Other words, or their English-language (iv) Blended means that the named equivalents, denoting winemaking op- winery mixed the wine with other erations may be used in accordance wines of the same class and type at the with the requirements of the country stated address. of origin, for wines sold within the (v) Cellared, Vinted or Prepared means country of origin. that the named winery, at the stated (c) Form of address. The ‘‘place’’ stat- address, subjected the wine to cellar ed shall be the post office address treatment in accordance with § 4.22(c). shown on the basic permit or other (b) Imported wine—(1) Mandatory qualifying document of the premises at statements. (i) A label on each container which the operations took place; and of imported wine shall state ‘‘imported there shall be shown the address for by’’ or a similar appropriate phrase, each operation which is designated on followed immediately by the name of the label. An example of such use the importer, agent, sole distributor, would be ‘‘Produced at Gilroy, Cali- or other person responsible for the im- fornia, and bottled at San Mateo, Cali- portation, followed immediately by the fornia, by XYZ Winery,’’ except that address of the principal place of busi- the street address may be omitted. No ness in the United States of the named additional places or addresses shall be person. stated for the same person unless: (ii) If the wine was bottled or packed (1) Such person is actively engaged in in the United States, the label shall the conduct of an additional bona fide also state one of the following: and actual alcoholic beverage business (A) ‘‘Bottled by’’ or ‘‘packed by’’ fol- at such additional place or address, and lowed by the name of the bottler or (2) The label also contains in direct packer and the address (in accordance conjunction therewith, appropriate de- with paragraph (c)) of the place where scriptive material indicating the func- the wine was bottled or packed; or tion occurring at such additional place (B) If the wine was bottled or packed or address in connection with the par- for the person responsible for the im- ticular product. portation, the words ‘‘imported by and (d) Trade or operating names. The bottled (packed) in the United States trade or operating name of any person for’’ (or a similar appropriate phrase) appearing upon any label shall be iden- followed by the name and address of tical with a name appearing on the the principal place of business in the basic permit or other qualifying docu- United States of the person responsible ment. for the importation; or (e) The provisions of this section are (C) If the wine was bottled or packed optional until they become mandatory by the person responsible for the im- July 27, 1994. portation, the words ‘‘imported and [T.D. ATF–328, 57 FR 33114, July 27, 1992; 57 bottled (packed) by’’ followed by the FR 37591, Aug. 19, 1992] name and address of the principal place of business in the United States of the § 4.36 Alcoholic content. person responsible for the importation. (a) Alcoholic content shall be stated (iii) If the wine was blended, bottled in the case of wines containing more or packed in a foreign country other than 14 percent of alcohol by volume, than the country of origin, and the and, in the case of wine containing 14 label identifies the country of origin, percent or less of alcohol by volume, the label shall state ‘‘blended by,’’ either the type designation ‘‘table’’ ‘‘bottled by,’’ or ‘‘packed by,’’ or other wine (‘‘light’’ wine) or the alcoholic appropriate statement, followed by the content shall be stated. Any statement name of the blender, bottler or packer of alcoholic content shall be made as and the place where the wine was prescribed in paragraph (b) of this sec- blended, bottled or packed. tion. (2) Optional statements. In addition to (b) Alcoholic content shall be stated the statements required by paragraph in terms of percentage of alcohol by (b) (1), the label may also state the volume, and not otherwise, as provided
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in either paragraph (b)(1) or (2) of this § 4.37 Net contents. section: (1) ‘‘Alcohol ll % by volume,’’ or (a) Statement of net contents. The net similar appropriate phrase; Provided, contents of wine for which a standard that if the word ‘‘alcohol’’ and/or ‘‘vol- of fill is prescribed in § 4.73 shall be ume’’ are abbreviated, they shall be stated in the same manner and form as shown as ‘‘alc.’’ (alc) and/or ‘‘vol.’’ set forth in the standard of fill. The net (vol), respectively. Except as provided content of wine for which no standard in paragraph (c) of this section, a toler- of fill is prescribed in § 4.73 shall be ance of 1 percent, in the case of wines stated in the metric system of measure containing more than 14 percent of al- as follows: cohol by volume, and of 1.5 percent, in (1) If more than one liter, net con- the case of wines containing 14 percent tents shall be stated in liters and in or less of alcohol by volume, will be decimal portions of a liter accurate to permitted either above or below the the nearest one-hundredth of a liter. stated percentage. (2) If less than one liter, net contents ll ll (2) ‘‘Alcohol % to % by vol- shall be stated in milliliters (ml). ume,’’ or similar appropriate phrase; (b) Statement of U.S. equivalent net Provided, that if the word ‘‘alcohol’’ and/or ‘‘volume’’ are abbreviated, they contents. When net contents of wine are shall be shown as ‘‘alc.’’ (alc) and/or stated in metric measure, the equiva- ‘‘vol.’’ (vol), respectively. Except as lent volume in U.S. measure may also provided in paragraph (c) of this sec- be shown. If shown, the U.S. equivalent tion, a range of not more than 2 per- volume will be shown as follows: cent, in the case of wines containing (1) For the metric standards of fill: 3 more than 14 percent of alcohol by vol- liters (101 fl. oz.); 1.5 liters (50.7 fl. oz.); ume, and of not more than 3 percent, in 1 liter (33.8 fl. oz.); 750 ml (25.4 fl. oz.); the case of wines containing 14 percent 500 ml (16.9 fl. oz.); 375 ml (12.7 fl. oz.); or less of alcohol by volume, will be 187 ml (6.3 fl. oz.); 100 ml (3.4 fl. oz.); permitted between the minimum and and 50 ml (1.7 fl. oz.). maximum percentages stated, and no (2) Equivalent volumes of less than tolerances will be permitted either 100 fluid ounces will be stated in fluid below such minimum or above such ounces only, accurate to the nearest maximum. one-tenth of a fluid ounce; for example, (c) Regardless of the type of state- 700 ml (23.7 fl. oz.). ment used and regardless of tolerances (3) Equivalent volumes of 100 fluid normally permitted in direct state- ounces or more will be stated in fluid ments and ranges normally permitted ounces only, accurate to the nearest in maximum and minimum state- whole fluid ounce; for example, 6 liters ments, alcoholic content statements, (203 fl. oz.). whether required or optional, shall definitely and correctly indicate the (c) Net contents marked in bottle. The class, type and taxable grade of the net contents need not be stated on any wine so labeled and nothing in this sec- label if the net contents are displayed tion shall be construed as authorizing by having the same blown, etched, the appearance upon the labels of any sand-blasted, marked by underglaze wine of an alcoholic content statement coloring, or otherwise permanently in terms of maximum and minimum marked by any method approved by the percentages which overlaps a pre- Director, in the sides, front, or back of scribed limitation on the alcoholic con- the bottle, in letters and figures in tent of any class, type, or taxable such manner as to be plainly legible grade of wine, or a direct statement of under ordinary circumstances, and alcoholic content which indicates that such statement is not obscured in any the alcoholic content of the wine is manner in whole or in part. within such a limitation when in fact (d) Tolerances. Statement of net con- it is not. tents shall indicate exactly the volume [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as of wine within the container, except amended by T.D. ATF–275, 53 FR 27046, July that the following tolerances shall be 18, 1988] allowed:
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(1) Discrepancies due exclusively to the alcoholic content statement, shall errors in measuring which occur in fill- not be smaller than 1 millimeter, ex- ing conducted in compliance with good cept that if contained among other de- commercial practice. scriptive or explanatory information, (2) Discrepancies due exclusively to the script, type, or printing of the differences in the capacity of con- mandatory information shall be of a tainers, resulting solely from unavoid- size substantially more conspicuous able difficulties in manufacturing such than that of the descriptive or explana- containers so as to be of uniform ca- tory information. pacity: Provided, That no greater toler- (3) Alcoholic content statements ance shall be allowed in case of con- shall not appear in script, type, or tainers which, because of their design, printing larger or more conspicuous cannot be made of approximately uni- than 3 millimeters nor smaller than 1 form capacity than is allowed in case millimeter on labels of containers hav- of containers which can be manufac- ing a capacity of 5 liters or less and tured so as to be of approximately uni- shall not be set off with a border or form capacity. otherwise accentuated. (3) Discrepancies in measure due to (c) English language. All mandatory differences in atmospheric conditions label information shall be stated on la- in various places and which unavoid- bels in the English language, except ably result from the ordinary and cus- that the brand name, the place of pro- tomary exposure of alcoholic beverages duction, and the name of the manufac- in containers to evaporation. The rea- turer, producer, blender, bottler, pack- sonableness to discrepancies under this er, or shipper appearing on the label paragraph shall be determined on the need not be in the English language if facts in each case. the words ‘‘product of’’ immediately (e) Unreasonable shortages. Unreason- precede the name of the country of ori- able shortages in certain of the con- gin stated in accordance with customs tainers in any shipment shall not be requirements. Additional statements in compensated by overages in other con- foreign languages may be made on la- tainers in the same shipment. bels, if they do not in any way conflict [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as with, or contradict the requirements of amended by T.D. ATF–49, 43 FR 19848, May 9, §§ 4.30 through 4.39. 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981; (d) Location of label. Labels shall not T.D. ATF–303, 55 FR 42713, Oct. 23, 1990] obscure Government stamps nor be ob- scured thereby. § 4.38 General requirements. (e) Labels firmly affixed. All labels (a) Legibility. All labels shall be so de- shall be affixed to containers of wine in signed that all the statements thereon such manner that they cannot be re- required by §§ 4.30 through 4.39 are read- moved without thorough application of ily legible under ordinary conditions, water or other solvents. and all such statement shall be on a (f) Additional information on labels. contrasting background. Labels may contain information other (b) Size of type. (1) Containers of more than the mandatory label information than 187 milliliters. All mandatory in- required by §§ 4.30 through 4.39, if such formation required on labels by this information complies with the require- part, except the alcoholic content ments of such sections and does not statement, shall be in script, type, or conflict with, nor in any manner qual- printing not smaller than 2 millime- ify statements required by this part. In ters; except that if contained among addition, information which is truth- other descriptive or explanatory infor- ful, accurate, and specific, and which is mation, the script, type, or printing of neither disparaging nor misleading the mandatory information shall be of may appear on wine labels. a size substantially more conspicuous (g) Representations as to materials. If than that of the descriptive or explana- any representation (other than rep- tory information. resentations or information required (2) Containers of 187 milliliters or by §§ 4.30 through 4.39 or percentage less. All mandatory information re- statements required or permitted by quired on labels by this part, except this part) is made as to the presence,
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excellence, or other characteristic of § 4.39 Prohibited practices. any ingredient in any wine, or used in (a) Statements on labels. Containers of its production, the label containing wine, or any label on such containers, such representation shall state, in or any individual covering, carton, or print, type, or script, substantially as other wrapper of such container, or any conspicuous as such representation, written, printed, graphic, or other mat- the name and amount in percent by ter accompanying such container to volume of each such ingredient. the consumer shall not contain: (h) Statement of contents of containers. (1) Any statement that is false or un- Upon request of the Director, there true in any particular, or that, irre- shall be submitted a full and accurate spective of falsity, directly, or by am- statement of the contents of the con- biguity, omission, or inference, or by tainers to which labels are to be or the addition of irrelevant, scientific or have been affixed. technical matter, tends to create a [T.D. ATF–53, 43 FR 37677, Aug. 23, 1978, as misleading impression. amended by T.D. ATF–66, 45 FR 40544, June (2) Any statement that is disparaging 13, 1980; T.D. ATF–94, 46 FR 55095, Nov. 6, of a competitor’s products. 1981; T.D. ATF–249, 52 FR 5955, Feb. 27, 1987; (3) Any statement, design, device, or T.D. ATF–275, 53 FR 27046, July 18, 1988; T.D. representation which is obscene or in- ATF–312, 56 FR 31077, July 9, 1991] decent. § 4.38a Bottle cartons, booklets and (4) Any statement, design, device, or leaflets. representation of or relating to anal- yses, standards, or tests, irrespective of (a) General. An individual covering, falsity, which the Director finds to be carton, or other container of the bottle likely to mislead the consumer. used for sale at retail (other than a (5) Any statement, design, device or shipping container), or any written, representation of or relating to any printed, graphic, or other matter ac- guarantee, irrespective of falsity, companying the bottle to the consumer which the Director finds to be likely to buyer shall not contain any statement, mislead the consumer. Money-back design, device, or graphic, pictorial, or guarantees are not prohibited. emblematic representation that is pro- (6) A trade or brand name that is the hibited by §§ 4.30 through 4.39 on labels. name of any living individual of public (b) Sealed cartons. If bottles are en- prominence, or existing private or pub- closed in sealed opaque coverings, car- lic organization, or is a name that is in tons, or other containers used for sale simulation or is an abbreviation there- at retail (other than a shipping con- of, or any graphic, pictorial, or em- tainer), such coverings, cartons, or blematic representation of any such in- other containers must bear all manda- dividual or organization, if the use of tory label information. such name or representation is likely (c) Other cartons. (1) If an individual falsely to lead the consumer to believe covering, carton, or other container of that the product has been endorsed, the bottle used for sale at retail (other made, or used by, or produced for, or than a shipping container) is so de- under the supervision of, or in accord- signed that the bottle is readily remov- ance with the specifications of, such in- able, it may display any information dividual or organization; Provided, which is not in conflict with the label That this paragraph shall not apply to on the bottle contained therein. the use of the name of any person en- (2) Cartons displaying brand names gaged in business as a producer, blend- and/or designations must display such er, rectifier, importer, wholesaler, re- names and designations in their en- tailer, bottler, or warehouseman of tirety—brand names required to be wine, nor to the use by any person of a modified, e.g. by ‘‘Brand’’ or ‘‘Product trade or brand name that is the name of U.S.A.’’, must also display such of any living individual of public prom- modification. inence or existing private or public or- (3) Wines for which a truthful and ganization, provided such trade or adequate statement of composition is brand name was used by him or his required must display such statement. predecessors in interest prior to Au- [T.D. ATF–36, 41 FR 47425, Oct. 29, 1976] gust 29, 1935.
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(7) Any statement, design, device, or not be deemed to be a representation representation (other than a statement relative to age, if such statement ap- of alcohol content in conformity with pears in lettering not greater than 8- § 4.36), which tends to create the im- point Gothic caps and in the following pression that a wine: form: ‘‘Bottled in ll’’ (inserting the (i) Contains distilled spirits; year in which the wine was bottled). (ii) Is comparable to a distilled spirit; (d) Statement of miscellaneous dates. or No date, except as provided in para- (iii) Has intoxicating qualities. graphs (b) and (c) of this section with However, if a statement of composition respect to statement of vintage year is required to appear as the designation and bottling date, shall be stated on of a product not defined in these regu- any label unless in addition thereto lations, such statement of composition and in direct conjunction therewith in may include a reference to the type of the same size and kind of printing, distilled spirits contained therein. there shall be stated an explanation of (8) Any coined word or name in the the significance thereof such as ‘‘estab- brand name or class and type designa- lished’’ or ‘‘founded in’’. If any such tion which simulates, imitates, or date refers to the date of establishment which tends to create the impression of any business or brand name, it shall that the wine so labeled is entitled to not be stated, in the case of containers bear, any class, type, or permitted des- of a capacity of 5 liters or less, in any ignation recognized by the regulations script, type, or printing larger than 2 in this part unless such wine conforms millimeters, and shall be stated in di- to the requirements prescribed with re- rect conjunction with the name of the spect to such designation and is in fact person, company, or brand name to so designated on its labels. which it refers if the Director finds (9) Any word in the brand name or that this is necessary in order to pre- class and type designation which is the vent confusion as to the person, com- name of a distilled spirits product or pany, or brand name to which the es- which simulates, imitates, or created tablishment date is applicable. the impression that the wine so labeled (e) Simulation of Government stamps. is, or is similar to, any product cus- (1) No labels shall be of such design as tomarily made with a distilled spirits to resemble or simulate a stamp of the base. Examples of such words are: United States Government or any ‘‘Manhattan,’’ ‘‘Martini,’’ and State or foreign government. No label, ‘‘Daquiri’’ in a class and type designa- other than stamps authorized or re- tion or brand name of a wine cocktail; quired by the United States Govern- ‘‘Cuba Libre,’’ ‘‘Zombie,’’ and ‘‘Collins’’ ment or any State or foreign govern- in a class and type designation or ment, shall state or indicate that the brand name of a wine specialty or wine wine contained in the labeled container highball; ‘‘creme,’’ ‘‘cream,’’ ‘‘de,’’ or is produced, blended, bottled, packed, ‘‘of’’ when used in conjunction with or sold under, or in accordance with, ‘‘menthe,’’ ‘‘mint,’’ or ‘‘cacao’’ in a any municipal, State or Federal Gov- class and type designation or a brand ernment authorization, law, or regula- name of a mint or chocolate flavored tion, unless such statement is required wine specialty. or specifically authorized by Federal, (b) Statement of age. No statement of State or municipal law or regulation, age or representation relative to age or is required or specifically authorized (including words or devices in any by the laws or regulations of a foreign brand name or mark) shall be made, ex- country. If the municipal, State, or cept (1) for vintage wine, in accordance Federal Government permit number is with the provisions of § 4.27; (2) ref- stated upon a label, it shall not be ac- erences relating to methods of wine companied by any additional state- production involving storage or aging ment relating thereto. in accordance with § 4.38(f); or (3) use of (2) Bonded wine cellar and bonded the word ‘‘old’’ as part of a brand winery numbers may be stated but name. only in direct conjunction with the (c) Statement of bottling dates. The name and address of the person oper- statement of any bottling date shall ating such wine cellar or winery.
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Statement of bonded wine cellar or torial representation which the Direc- winery numbers may be made in the tor finds relates to, or is capable of following form: ‘‘Bonded Wine Cellar being construed as relating to, the No. ll’’, ‘‘Bonded Winery No. ll’’, armed forces of the United States, or ‘‘B. W. C. No. ll’’, ‘‘B. W. No. ll’’. the American flag, or any emblem, No additional reference thereto shall seal, insignia, or decoration associated be made, nor shall any use be made of with such flag or armed forces; nor such statement that may convey the shall any label contain any statement, impression that the wine has been design, device, or pictorial representa- made or matured under Government tion of or concerning any flag, seal, supervision or in accordance with Gov- coat of arms, crest or other insignia, ernment specifications or standards. likely to mislead the consumer to be- (3) If imported wines are covered by a lieve that the product has been en- certificate of origin and/or a certificate dorsed, made, or used by, or produced of vintage date issued by a duly au- for, or under the supervision of, or in thorized official of the appropriate for- accordance with the specifications of eign government, the label, except the government, organization, family, where prohibited by the foreign govern- or individual with whom such flag, ment, may refer to such certificate or seal, coat of arms, crest, or insignia is the fact of such certification, but shall associated. not be accompanied by any additional (h) Curative and therapeutic claims. statements relating thereto. The ref- Labels shall not contain any state- erence to such certificate or certifi- ment, design, representation, pictorial cation shall be substantially in the fol- representation, or device representing lowing form: that the use of wine has curative or This product accompanied at the time of therapeutic effects if such statement is the importation by a certificate issued by untrue in any particular or tends to the create a misleading impression. llllllllllllllllllllllll (i) Geographic brand names. (1) Except (Name of government) as provided in subparagraph 2, a brand name of viticultural significance may government indicating that the product is not be used unless the wine meets the llllllllllllllllllllllll appellation of origin requirements for (Class and type as stated on the label) the geographic area named. and (if label bears a statement of vintage (2) For brand names used in existing date) that the wine is of the vintage of certificates of label approval issued llllllllllllllllllllllll prior to July 7, 1986: (Year of vintage stated on the label) (i) The wine shall meet the appella- tion of origin requirements for the geo- (f) Use of the word ‘‘Importer’’, or simi- graphic area named; or lar words. The word Importer, or similar (ii) The wine shall be labeled with an words, shall not be stated on labels on appellation of origin in accordance containers of domestic wine except as with § 4.34(b) as to location and size of part of the bona fide name of a per- type of either: mittee for or by whom, or of a retailer (A) A county or a viticultural area, if for whom, such wine is bottled, packed the brand name bears the name of a ge- or distributed: Provided, That in all ographic area smaller than a state, or; cases where such words are used as part (B) A state, county or a viticultural of such name, there shall be stated on area, if the brand name bears a state the same label the words ‘‘Product of name; or the United States’’, or similar words to (iii) The wine shall be labeled with negative any impression that the prod- some other statement which the Direc- uct is imported, and such negative tor finds to be sufficient to dispel the statement shall appear in the same size impression that the geographic area and kind of printing as such name. suggested by the brand name is indic- (g) Flags, seals, coats of arms, crests, ative of the origin of the wine. and other insignia. Labels shall not con- (3) A name has viticultural signifi- tain, in the brand name or otherwise, cance when it is the name of a state or any statement, design, device, or pic- county (or the foreign equivalents),
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when approved as a viticultural area in named vineyard, orchard, farm or part 9 of this chapter, or by a foreign ranch. government, or when found to have [T.D. 6521, 25 FR 13841, Dec. 29, 1960, as viticultural significance by the Direc- amended by T.D. ATF–53, 43 FR 37678, Aug. tor. 23, 1978; T.D. ATF–94, 46 FR 55095, Nov. 6, (j) Product names of geographical sig- 1981; T.D. ATF–126, 48 FR 2764, Jan. 21, 1983; nificance (not mandatory before January T.D. ATF–180, 49 FR 31671, Aug. 8, 1984; T.D. 1, 1983). The use of product names with ATF–229, 51 FR 20482, June 5, 1986; 51 FR 21547, June 13, 1986; T.D. ATF–355, 59 FR specific geographical significance is 14553, Mar. 29, 1994] prohibited unless the Director finds that because of their long usage, such Subpart E—Requirements for With- names are recognized by consumers as fanciful product names and not rep- drawal of Wine From Customs resentations as to origin. In such cases Custody the product names shall be qualified § 4.40 Label approval and release. with the word ‘‘brand’’ immediately following the product name, in the (a) Certificate of label approval. No im- ported beverage wine in containers same size of type, and as conspicuous shall be released from U.S. Customs as the product name itself. In addition, custody for consumption unless there the label shall bear an appellation of is deposited with the appropriate Cus- origin under the provisions of § 4.34(b), toms officer at the port of entry the and, if required by the Director, a original or a photostatic copy of an ap- statement disclaiming the geo- proved certificate of label approval, graphical reference as a representation ATF Form 5100.31. as to the origin of the wine. (b) If the original or photostatic copy (k) Other indications of origin. Other of ATF Form 5100.31 has been approved, statements, designs, devices or rep- the brand or lot of imported wine bear- resentations which indicate or infer an ing labels identical with those shown origin other than the true place of ori- thereon may be released from U.S. Cus- gin of the wine are prohibited. toms custody. (l) Foreign terms. Foreign terms (c) Relabeling. Imported wine in U.S. which: (1) Describe a particular condi- Customs custody which is not labeled tion of the grapes at the time of har- in conformity with certificates of label vest (such as ‘‘Auslese,’’ ‘‘Eiswein,’’ approval issued by the Director must and ‘‘Trockenbeerenauslese’’); or (2) de- be relabeled prior to release under the note quality under foreign law (such as supervision and direction of Customs ‘‘Qualitatswein’’ and ‘‘Kabinett’’) may officers of the port at which the wine is not be used on the labels of American located. wine. (d) Cross reference. For procedures re- garding the issuance, denial, and rev- (m) Use of a vineyard, orchard, farm or ocation of certificates of label ap- ranch name. When used in a brand proval, as well as appeal procedures, name, a vineyard, orchard, farm or see part 13 of this chapter. ranch name having geographical or viticultural significance is subject to [T.D. ATF–66, 45 FR 40546, June 13, 1980, as the requirements of §§ 4.33(b) and 4.39(i) amended by T.D. ATF–94, 46 FR 55095, Nov. 6, 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986; of this part. Additionally, the name of T.D. ATF–359, 59 FR 42160, Aug. 17, 1994; T.D. a vineyard, orchard, farm or ranch ATF–406, 64 FR 2128, Jan. 13, 1999] shall not be used on a wine label, un- less 95 percent of the wine in the con- § 4.45 Certificates of origin and iden- tainer was produced from primary tity. winemaking material grown on the Imported wine shall not be released from customs custody for consumption
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unless the invoice is accompanied by a exemption will be issued on the same certificate of origin issued by a duly form. authorized official of the appropriate (c) Cross reference. For procedures re- foreign government, if the issuance of garding the issuance, denial, and rev- such certificates with respect to such ocation of certificates of label ap- wine has been authorized by the for- proval, and certificates of exemption eign government concerned, certifying from label approval, as well as appeal as to the identity of the wine and that procedures, see part 13 of this chapter. the wine has been produced in compli- ance with the laws of the respective [T.D. ATF–66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF–94, 46 FR 55095, Nov. 6, foreign government regulating the pro- 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986; duction of such wine for home con- T.D. ATF–344, 58 FR 40354, July 28, 1993; T.D. sumption. ATF–406, 64 FR 2128, Jan. 13, 1999]
§ 4.46 Certificate of nonstandard fill. § 4.51 Exhibiting certificates to Gov- A person may import wine in con- ernment officials. tainers not conforming to the metric Any bottler or packer holding an standards of fill prescribed at § 4.73 if original or duplicate original of a cer- the wine is: tificate of label approval or a certifi- (a) Accompanied by a statement cate of exemption shall, upon demand, signed by a duly authorized official of exhibit such certificate to a duly au- the appropriate foreign country, stat- thorized representative of the United ing that the wine was bottled or States Government. packed before January 1, 1979; (b) Being withdrawn from a Customs § 4.52 Photoprints. bonded warehouse into which it was en- Photoprints or other reproductions of tered before January 1, 1979; or certificates of label approval or certifi- (c) Exempt from the standard of fill cates of exemption are not acceptable, requirements as provided by § 4.70(b)(1) for the purposes of §§ 4.50 through 4.52, or (2). as substitutes for an original or dupli- [T.D. ATF–76, 46 FR 1727, Jan. 7, 1981] cate original of a certificate of label approval, or a certificate of exemption. Subpart F—Requirements for Ap- The Director will, upon the request of proval of Labels of Wine Do- the bottler or packer, issue duplicate mestically Bottled or Packed originals of certificates of label ap- proval or of certificates of exemption if § 4.50 Certificates of label approval. wine under the same brand is bottled or packed at more than one plant by (a) No person shall bottle or pack the same person, and if the necessity wine, other than wine bottled or for the duplicate originals is shown and packed in U.S. Customs custody, or re- there is listed with the Director the move such wine from the plant where name and address of the additional bot- bottled or packed, unless application is tling or packing plant where the par- made to the Director and an approved ticular label is to be used. certificate of label approval, ATF Form 5100.31, is issued. (b) Any bottler or packer of wine Subpart G—Advertising of Wine shall be exempt from the requirements of this section if upon application the § 4.60 Application. bottler or packer shows to the satisfac- No person engaged in the business as tion of the Director that the wine to be a producer, rectifier, blender, importer, bottled or packed is not to be sold, of- or wholesaler of wine, directly or indi- fered for sale, or shipped or delivered rectly or through an affiliate, shall for shipment, or otherwise introduced publish or disseminate or cause to be in interstate or foreign commerce. Ap- published or disseminated by radio or plication for exemption shall be made television broadcast, or in any news- on ATF Form 5100.31 in accordance paper, periodical, or any publication, with instructions on the form. If the by any sign or outdoor advertisement, application is approved, a certificate of or any other printed or graphic matter,
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any advertisement of wine, if such ad- § 4.62 Mandatory statements. vertising is in, or is calculated to in- (a) Responsible advertiser. The adver- duce sale in, interstate or foreign com- tisement shall state the name and ad- merce, or is disseminated by mail, un- dress of the permittee responsible for less such advertisement is in con- its publication or broadcast. Street formity with §§ 4.60–4.65 of this part. number and name may be omitted in Provided, that such sections shall not the address. apply to outdoor advertising in place (b) Class, type, and distinctive designa- on September 7, 1984, but shall apply tion. The advertisement shall contain a upon replacement, restoration, or ren- conspicuous statement of the class, ovation of any such advertising; and type, or distinctive designation to provided further, that such sections which the product belongs, cor- shall not apply to a retailer or the pub- responding with the statement of class, lisher of any newspaper, periodical, or type, or distinctive designation which other publication, or radio or tele- is required to appear on the label of the vision broadcast, unless such retailer product. or publisher or radio or television broadcaster is engaged in business as a (c) Exception. (1) If an advertisement producer, rectifier, blender, importer, refers to a general wine line or all of or wholesaler of wine, directly or indi- the wine products of one company, rectly, or through an affiliate. whether by the company name or by the brand name common to all the [T.D. ATF–180, 49 FR 31672, Aug. 8, 1984] wine in the line, the only mandatory information necessary is the name and § 4.61 Definitions. address of the responsible advertiser. As used in §§ 4.60 through 4.65 of this This exception does not apply where part, the term advertisement includes only one type of wine is marketed any written or verbal statement, illus- under the specific brand name adver- tration, or depiction which is in, or cal- tised. culated to induce sales in, interstate or (2) On consumer specialty items, the foreign commerce, or is disseminated only information necessary is the com- by mail, whether it appears in a news- pany name or brand name of the prod- paper, magazine, trade booklet, menu, uct. wine card, leaflet, circular, mailer, book insert, catalog, promotional ma- [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF–180, 49 FR 31672, Aug. terial, sales pamphlet, or any written, 8, 1984] printed, graphic, or other matter ac- companying the container, representa- § 4.63 Legibility of mandatory informa- tions made on cases, billboard, sign, or tion. othe outdoor display, public transit (a) Statements required under §§ 4.60 card, other periodical literature, publi- through 4.65 of this part to appear in cation, or in a radio or television any written, printed, or graphic adver- broadcast, or in any other media; ex- tisement shall be in lettering or type cept that such term shall not include: size sufficient to be conspicuous and (a) Any label affixed to any container readily legible. of wine, or any individual covering, (b) In the case of signs, billboards, carton, or other wrapper of such con- and displays the name and address of tainer which constitute a part of the the permittee responsible for the ad- labeling under provisions of §§ 4.30–4.39 vertisement may appear in type size of of this part. lettering smaller than the other man- (b) Any editorial or other reading datory information, provided such in- material (i.e., news release) in any peri- formation can be ascertained upon odical or publication or newspaper for closer examination of the sign or bill- the publication of which no money or board. valuable consideration is paid or prom- (c) Mandatory information shall be ised, directly or indirectly, by any per- so stated as to be clearly a part of the mittee, and which is not written by or advertisement and shall not be sepa- at the direction of the permittee. rated in any manner from the remain- [T.D. ATF–180, 49 FR 31672, Aug. 8, 1984] der of the advertisement.
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(d) Mandatory information for two or may convey the impression that the more products shall not be stated un- wine has been made or matured under less clearly separated. Government supervision or in accord- (e) Mandatory information shall be ance with Government specifications so stated in both the print and audio- or standards. visual media that it will be readily ap- (8) Any statement, design, device, or parent to the persons viewing the ad- representation which relates to alcohol vertisement. content or which tends to create the [T.D. ATF–180, 49 FR 31672, Aug. 8, 1984] impression that a wine: (i) Contains distilled spirits; or § 4.64 Prohibited practices. (ii) Is comparable to a distilled spirit; or (a) Restrictions. The advertisement of (iii) Has intoxicating qualities. wine shall not contain: (1) Any statement that is false or un- However, if a statement of composition true in any material particular, or is required to appear as the designation that, irrespective of falsity, directly, or of a product not defined in these regu- by ambiguity, omission, or inference, lations, such statement of composition or by the addition of irrelevant, sci- may include a reference to the type of entific or technical matter tends to distilled spirits contained therein. Fur- create a misleading impression. ther, an approved wine label, which (2) Any statement that is disparaging bears the statement of alcohol content of a competitor’s products. may be depicted in any advertising (3) Any statement, design, device, or media, or an actual wine bottle show- representation which is obscene or in- ing the approved label bearing the decent. statement of alcoholic content may be (4) Any statement, design, device, or displayed in any advertising media. representation of or relating to anal- (9) Any word in the brand name or yses, standards, or tests, irrespective of class and type designation which is the falsity, which the Director finds to be name of a distilled spirits product or likely to mislead the consumer. which simulates, imitates, or creates (5) Any statement, design, device, or the impression that the wine so labeled representation of or relating to any is, or is similar to, any product cus- guarantee, irrespective of falsity, tomarily made with a distilled spirits which the Director finds to be likely to base. mislead the consumer. Money-back (b) Statements inconsistent with label- guarantees are not prohibited. ing. (1) Advertisements shall not con- (6) Any statement that the wine is tain any statement concerning a brand produced, blended, bottled, packed, or or lot of wine that is inconsistent with sold under, or in accordance with, any any statement on the labeling thereof. municipal, State, or Federal Govern- (2) Any label depicted on a bottle in ment authorization, law, or regula- an advertisement shall be a reproduc- tions; and if a municipal, State, or Fed- tion of an approved label. eral permit number is stated, the per- (c) Statement of age. No statement of mit number shall not be accompanied age or representation relative to age by any additional statement relating (including words or devices in any thereto. brand name or mark) shall be made, ex- (7) Any statement of bonded cept (1) for vintage wine, in accordance winecellar and bonded winery numbers with the provisions of § 4.27; (2) ref- unless stated in direct conjunction erences in accordance with § 4.38(f); or with the name and address of the per- (3) use of the word ‘‘old’’ as part of a son operating such winery or store- brand name. room. Statement of bonded winecellar (d) Statement of bottling dates. The and bonded winery numbers may be statement of any bottling date shall made in the following form: ‘‘Bonded not be deemed to be a representation Winecellar No. ll,’’ ‘‘Bonded Winery relative to age, if such statement ap- No. ll,’’ ‘‘B. W. C. No. ll,’’ ‘‘B. W. pears without undue emphasis in the No. ll.’’ No additional reference following form: ‘‘Bottled in ll’’ (in- thereto shall be made, nor shall any serting the year in which the wine was use be made of such statement that bottled).
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(e) Statement of miscellaneous dates. No words ‘‘Product of the United States’’ date, except as provided in paragraphs or similar words to negate any impres- (c) and (d) of this section, with respect sion that the product is imported, and to statement of vintage year and bot- such negating statements shall appear tling date, shall be stated unless, in ad- in the same size and kind of printing as dition thereto, and in direct conjunc- such name. tion therewith, in the same size and (i) Curative and thereapeutic claims. kind of printing there shall be stated Advertisements shall not contain any an explanation of the significance of statement, design, representation, pic- such date: Provided, That if any date torial representation, or device rep- refers to the date of establishment of resenting that the use of wine has cu- any business, such date shall be stated rative or therapeutic effects if such without undue emphasis and in direct statement is untrue in any particular conjunction with the name of the per- or tends to create a misleading impres- son to whom it refers. sion. (f) Flags, seals, coats of arms, crests, (j) Confusion of brands. Two or more and other insignia. No advertisement different brands or lots of wine shall shall contain any statement, design, not be advertised in one advertisement device, or pictorial representation of or (or in two or more advertisements in relating to, or capable of being con- one issue of a periodical or newspaper, strued as relating to, the armed forces or in one piece of other written, print- of the United States, or of the Amer- ed, or graphic matter) if the advertise- ican flag, or of any emblem, seal, insig- ment tends to create the impression nia, or decoration associated with such that representations made as to one flag or armed forces; nor shall any ad- brand or lot apply to the other or oth- vertisement contain any statement, de- ers, and if as to such latter the rep- vice, design, or pictorial representation resentations contravene any provision of or concerning any flag, seal, coat of of §§ 4.60 through 4.64 or are in any re- arms, crest, or other insignia likely to spect untrue. mislead the consumer to believe that (k) Deceptive advertising techniques. the product has been endorsed, made, Subliminal or similar techniques are or used by, or produced for, or under prohibited. ‘‘Subliminal or similar the supervision of, or in accordance techniques,’’ as used in this part, refers with the specifications of the govern- to any device or technique that is used ment, organization, family, or indi- to convey, or attempts to convey, a vidual with whom such flag, seal, coat message to a person by means of im- of arms, crests, or insignia is associ- ages or sounds of a very brief nature ated. that cannot be perceived at a normal (g) Statements indicative of origin. No level of awareness. statement, design, device, or represen- [T.D. 6521, 25 FR 13843, Dec. 29, 1960, as tation which tends to create the im- amended by T.D. 6976, 33 FR 15025, Oct. 8, pression that the wine originated in a 1968; T.D. ATF–53, 43 FR 37678, Aug. 23, 1978; particular place or region, shall appear T.D. ATF–180, 49 FR 31672, Aug. 8, 1984] in any advertisement unless the label of the advertised product bears an ap- § 4.65 Comparative advertising. pellation of origin, and such appella- (a) General. Comparative adverstising tion of origin appears in the advertise- shall not be disparaging of a competi- ment in direct conjunction with the tor’s product. class and type designation. (b) Taste tests. (1) Taste test results (h) Use of the word ‘‘importer’’ or simi- may be used in advertisements com- lar words. The word importer or similar paring competitors’ products unless words shall not appear in advertise- they are disparaging, deceptive, or ments of domestic wine except as part likely to mislead the consumer. of the bona fide name of the permittee (2) The taste test procedure used by or for whom, or of a retailer for shall meet scientifically accepted pro- whom, such wine is bottled, packed or cedures. An example of a scientifically distributed: Provided, That in all cases accepted procedure is outlined in the where such words are used as part of Manual on Sensory Testing Methods, such name, there shall be stated the ASTM Special Technical Publication
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434, published by the American Society § 4.71 Standard wine containers. for Testing and Materials, 1916 Race (a) A standard wine container shall Street, Philadelphia, Pennsylvania be made, formed and filled to meet the 19103, ASTM, 1968, Library of Congress following specifications: Catalog Card Number 68–15545. (1) Design. It shall be so made and (3) A statement shall appear in the formed as not to mislead the pur- advertisement providing the name and chaser. Wine containers shall be held address of the testing administrator. (irrespective of the correctness of the net contents specified on the label) to [T.D. ATF–180, 49 FR 31673, Aug. 8, 1984] be so made and formed as to mislead the purchaser if the actual capacity is Subpart H—Standards of Fill for substantially less than the apparent Wine capacity upon visual examination under ordinary conditions of purchase § 4.70 Application. or use; and (a) Except as provided in paragraph (2) Fill. It shall be so filled as to con- (b) of this section, no person engaged in tain the quantity of wine specified in business as a producer, rectifier, blend- one of the standards of fill prescribed er, importer, or wholesaler of wine, di- in § 4.72 or § 4.73; and rectly or indirectly or through an affil- (3) Headspace. It shall be made and filled as to have a headspace not in ex- iate, shall sell or ship or deliver for cess of 6 percent of its total capacity sale or shipment, or otherwise intro- after closure if the net content of the duce in interstate or foreign com- container is 187 milliliters or more, and merce, or receive therein, or remove a headspace not in excess of 10 percent from customs custody, any wine unless of such capacity in the case of all other such wine is bottled or packed in the containers. standard wine containers herein pre- scribed. [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974] (b) Sections 4.70 through 4.73 do not § 4.72 Standards of fill. apply to: (a) The standards of fill for wine shall (1) Sake; be the following, subject to the toler- (2) Wine packed in containers of 18 li- ances hereinafter allowed: ters or more; (1) For all wines: (3) Imported wine in the original con- 4.9 gallons. 1 pint. tainers in which entered customs cus- 3 gallons. 4¤5 pint. tody if the wine was bottled or packed 1 gallon. 1¤2 pint. 4¤5 gallon. 2¤5 pint. before January 1, 1979; or 1¤2 gallon. 4 ounces. (4) Wine domestically bottled or 2¤5 gallon. 3 ounces. packed, either in or out of customs cus- 1 quart. 2 ounces. 4¤5 quart. tody, before October 24, 1943, if the con- tainer, or the label on the container, (2) In addition, for aperitif wines 15 bears a conspicuous statement of the only: ⁄16 quart: net contents, and if the actual capacity (b) The tolerances in fill shall be the of the container is not substantially same as are allowed by § 4.37 in respect to statement of net contents upon la- less than the apparent capacity upon bels. visual examination under ordinary con- (c) This section does not apply after ditions of purchase or use. December 31, 1978. (c) Section 4.73 does not apply to wine domestically bottled or packed, [T.D. ATF–12, 39 FR 45223, Dec. 31, 1974, as either in or out of customs custody, be- amended by T.D. ATF–76, 46 FR 1727, Jan. 7, 1981] fore January 1, 1979, if the wine was bottled or packed according to the § 4.73 Metric standards of fill. standards of fill prescribed by § 4.72. (a) Authorized standards of fill. The [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as standards of fill for wine are the fol- amended by T.D. ATF–49, 43 FR 19848, May 9, lowing: 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981] 3 liters. 375 milliliters.
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1.5 liters. 187 milliliters. Black Pearl 1 liter. 100 milliliters. Blanc Du Bois 750 milliliters. 50 milliliters. 500 milliliters. Blue Eye Bonarda (b) Sizes larger than 3 liters. Wine may Bountiful be bottled or packed in containers of 4 Burdin 4672 liters or larger if the containers are Burdin 5201 filled and labeled in quantities of even Burdin 11042 liters (4 liters, 5 liters, 6 liters, etc.). Burgaw (c) Tolerances. The tolerances in fill Burger are the same as are allowed by § 4.37 in Cabernet franc respect to statement of net contents on Cabernet Pfeffer labels. Cabernet Sauvignon [T.D. ATF–12, 39 FR 45223, Dec. 31, 1974, as Calzin amended by T.D. ATF–49, 43 FR 19848, May 9, Campbell Early (Island Belle) 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981; Canada Muscat T.D. ATF–303, 55 FR 42713, Oct. 23, 1990] Captivator Carignane Subpart I—General Provisions Carlos Carmene`re § 4.80 Exports. Carmine The regulations in this part shall not Carnelian apply to wine exported in bond. Cascade Castel 19–637 Subpart J—American Grape Catawba Variety Names Cayuga White Centurion Chambourcin SOURCE: T.D. ATF–370, 61 FR 539, Jan. 8, 1996, unless otherwise noted. Chancellor Charbono § 4.91 List of approved prime names. Chardonel The following grape variety names Chardonnay have been approved by the Director for Chasselas dore´ use as type designations for American Chelois wines. When more than one name may Chenin blanc be used to identify a single variety of Chief grape, the synonym is shown in paren- Chowan theses following the prime grape Cinsaut (Black Malvoisie) names. Grape variety names may ap- Clairette blanche pear on labels of wine in upper or in Clinton lower case, and may be spelled with or Colombard (French Colombard) without the hyphens or diacritic marks Colobel indicated in the following list. Cortese Agwam Corvina Albemarle Concord Aleatico Conquistador Alicante Bouschet Couderc noir Aligote´ Cowart Alvarelha˜ o Creek Arneis Cynthiana (Norton) Aurore Dearing Bacchus De Chaunac Baco blanc Delaware Baco noir Diamond Barbera Dixie Beacon Dolcetto Beclan Doreen Bellandais Dulcet Beta Durif 42
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Dutchess Magoon Early Burgundy Malbec Early Muscat Malvasia bianca Edelweiss Mare´chal Foch Eden Marsanne Ehrenfelser Melody Ellen Scott Melon de Bourgogne (Melon) Elvira Merlot Emerald Riesling Meunier (Pinot Meunier) Feher Szagos Mish Ferna˜ o Pires Mission Fern Munson Missouri Riesling Flame Tokay Mondeuse (Refosco) Flora Montefiore Florental Moore Early Folle blanche Morio-Muskat Fredonia Mourve`dre (Mataro) Freisa Mu¨ ller-Thurgau Fry Mu¨ nch Furmint Muscadelle Gamay noir Muscat blanc (Muscat Canelli) Garronet Muscat du Moulin Gewu¨ rztraminer Muscat Hamburg (Black Muscat) Gladwin 113 Muscat of Alexandria Glennel Muscat Ottonel Gold Naples Golden Isles Nebbiolo Golden Muscat Ne´grette Grand Noir New York Muscat Green Hungarian Niagara Grenache Noah Grignolino Noble Grillo Norton (Cynthiana) Gros Verdot Ontario Helena Orange Muscat Herbemont Palomino Higgins Pamlico Horizon Pedro Ximenes Hunt Petit Verdot Iona Petite Sirah Isabella Peverella Ives Pinotage James Pinot blanc Jewell Pinot gris (Pinot Grigio) Joannes Seyve 12–428 Pinot noir Joannes Seyve 23–416 Precoce de Malingre Kerner Pride Kay Gray Primitivo Kleinberger Rayon d’Or LaCrosse Ravat 34 Lake Emerald Ravat 51 (Vignoles) Lambrusco Ravat noir Landal Redgate Landot noir Regale Lenoir Riesling (White Riesling) Le´on Millot Rkatziteli (Rkatsiteli) Limberger (Lemberger) Roanoke Madeline Angevine Rosette Magnolia Roucaneuf
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Rougeon Welsch Rizling Roussanne Watergate Royalty Welder Rubired Yuga Ruby Cabernet Zinfandel St. Croix Saint Macaire § 4.92 Alternative names permitted for Salem temporary use. Salvador The following alternative names Sangiovese shown in the left column may be used Sauvignon blanc (Fume´ blanc) as the type designation for American Scarlet wine in lieu of the prime name of the Scheurebe grape variety shown in the right col- Se´millon umn. Alternative names listed in the Sereksiya left column may only be used for wine Seyval (Seyval blanc) bottled prior to the date indicated. Siegerrebe (a) Wines bottled prior to January 1, Siegfried 1997. Southland Alternative Name/Prime Name Souza˜ o Steuben Baco 1—Baco noir Stover Baco 22A—Baco blanc Sugargate Bastardo—Trousseau Black Spanish—Lenoir Sultanina (Thomspon Seedless) Burdin 7705—Florental Summit Cayuga—Cayuga White Suwannee Chancellor noir—Chancellor Sylvaner Chasselas—Chasselas dore´ Symphony Chevrier—Se´millon Syrah (Shiraz) Chelois noir—Chelois Swenson Red Couderc 71–20—Couderc noir Tarheel Couderc 299–35—Muscat du Moulin Foch—Mare´chal Foch Taylor Franken Riesling—Sylvaner Tempranillo (Valdepen˜ as) Gutedel—Chasselas dore´ Teroldego Ives Seedling—Ives Thomas Jacquez—Lenoir Thompson Seedless (Sultanina) Joannes Seyve 26–205—Chambourcin Tinta Madeira Landot 244—Landal Tinto ca˜ o Landot 4511—Landot noir Tocai Friulano Millot—Leon Millot Moore’s Diamond—Diamond Topsail Norton Seedling—Norton Touriga Pfeffer Cabernet—Cabernet Pfeffer Traminer Pineau de la Loire—Chenin blanc Trousseau Pinot Chardonnay—Chardonnay Trousseau gris Ravat 262—Ravat noir Ugni blanc (Trebbiano) Rula¨ nder—Pinot gris Valdiguie´ Seibel 128—Salvador Valerien Seibel 1000—Rosette Seibel 4986—Rayon d’Or Van Buren Seibel 5279—Aurore Veeblanc Seibel 5898—Rougeon Veltliner Seibel 7053—Chancellor Ventura Seibel 8357—Colobel Verdelet Seibel 9110—Verdelet Verdelho Seibel 9549—De Chaunac Vidal blanc Seibel 10878—Chelois Villard blanc Seibel 13053—Cascade Seibel 14596—Bellandais Villard noir Seyve-Villard 5–276—Seyval Vincent Seyve-Villard 12–309—Roucaneuf Viognier Seyve-Villard 12–375—Villard blanc Vivant Seyve-Villard 18–283—Garronet
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Seyve-Villard 18–315—Villard noir (d) For new grape varieties developed Seyve-Villard 23–410—Valerien in the United States, the Director may Sweetwater—Chasselas dore´ determine if the use of names which Verdelet blanc—Verdelet contain words of geographical signifi- Vidal 256—Vidal blanc cance, place names, or foreign words Virginia Seedling—Norton are misleading under § 4.39. The Direc- Wa¨ lschriesling—Welsch Rizling Welschriesling—Welsch Rizling tor will not approve the use of a grape (b) Wines bottled prior to January 1, 1999. variety name found to be misleading. (e) The Director shall publish the list Alternative Name/Prime Name of approved grape variety names at Cabernet—Cabernet Sauvignon least annually in the FEDERAL REG- Grey Riesling—Trousseau gris ISTER. Johannisberg Riesling—Riesling (Approved by the Office of Management and Muscat Frontignan—Muscat blanc Budget under Control Number 1512–0513) Muscat Pantelleria—Muscat of Alexandria Napa Gamay—Valdiquie´ Pinot Saint George—Ne´grette PART 5—LABELING AND Sauvignon vert—Muscadelle ADVERTISING OF DISTILLED SPIRITS
§ 4.93 Approval of grape variety Subpart A—Scope names. Sec. (a) Any interested person may peti- 5.1 General. tion the Director for the approval of a 5.2 Related regulations. grape variety name. The petition may 5.3 Forms prescribed. be in the form of a letter and should provide evidence of the following— Subpart B—Definitions (1) Acceptance of the new grape vari- 5.11 Meaning of terms. ety, (2) The validity of the name for iden- Subpart C—Standards of Identity for tifying the grape variety, Distilled Spirits (3) That the variety is used or will be 5.21 Application of standards. used in winemaking, and 5.22 The standards of identity. (4) That the variety is grown and 5.23 Alteration of class and type. used in the United States. (b) For the approval of names of new Subpart Ca—Formulas grape varieties, documentation sub- 5.25 Application. mitted with the petition to establish 5.26 Formula requirements. the items in paragraph (a) of this sec- 5.27 Formulas. tion may include— 5.28 Adoption of predecessor’s formulas. (1) reference to the publication of the name of the variety in a scientific or Subpart D—Labeling Requirements for professional journal of horticulture or Distilled Spirits a published report by a professional, 5.31 General. scientific or winegrowers’ organization, 5.32 Mandatory label information. (2) reference to a plant patent, if so 5.33 Additional requirements. patented, and 5.34 Brand names. (3) information pertaining to the 5.35 Class and type. commercial potential of the variety, 5.36 Name and address. such as the acreage planted and its lo- 5.37 Alcohol content. 5.38 Net contents. cation or market studies. 5.39 Presence of neutral spirits and color- (c) The Director will not approve a ing, flavoring, and blending materials. grape variety name if: 5.40 Statements of age and percentage. (1) The name has previously been 5.41 Bottle cartons, booklets and leaflets. used for a different grape variety; 5.42 Prohibited practices. (2) The name contains a term or name found to be misleading under Subpart E—Standards of Fill for Bottled § 4.39; or Distilled Spirits (3) The name of a new grape variety 5.45 Application. contains the term ‘‘Riesling.’’ 5.46 Standard liquor bottles.
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