Alcohol and Tobacco Tax and Trade Bureau, Treasury § 4.1

in bulk, do not apply to warehouse re- 4.38 General requirements. ceipts for bottled distilled spirits. 4.38a Bottle cartons, booklets and leaflets. 4.39 Prohibited practices. CROSS REFERENCE: For labeling of distilled spirits, see part 5 of this chapter. Subpart E—Requirements for Withdrawal of From Customs Custody SALES OF DISTILLED SPIRITS FOR INDUSTRIAL USE 4.40 Label approval and release. 4.45 Certificates of origin, identity and § 1.95 General. proper cellar treatment. Distillers, rectifiers, and other per- 4.46 Certificate of nonstandard fill. mittees engaged in the sale or other Subpart F—Requirements for Approval of disposition of distilled spirits for non- Labels of Wine Domestically Bottled or industrial use shall not sell or other- Packed wise dispose of distilled spirits in bulk (other than alcohol) for industrial use, 4.50 Certificates of label approval. unless such distilled spirits are shipped 4.51 Exhibiting certificates to Government or delivered directly to the industrial officials. user thereof. 4.52 Photoprints.

PART 4—LABELING AND Subpart G—Advertising of Wine ADVERTISING OF WINE 4.60 Application. 4.61 Definitions. Subpart A—Scope 4.62 Mandatory statements. 4.63 Legibility of mandatory information. Sec. 4.64 Prohibited practices. 4.1 General. 4.65 Comparative advertising. 4.2 Territorial extent. 4.3 Forms prescribed. Subpart H—Standards of Fill for Wine 4.4 Delegations of the Administrator. 4.5 Related regulations. 4.70 Application. 4.71 Standard wine containers. Subpart B—Definitions 4.72 Metric standards of fill. 4.10 Meaning of terms. Subpart I—General Provisions Subpart C—Standards of Identity for Wine 4.80 Exports.

4.20 Application of standards. Subpart J—American Variety 4.21 The standards of identity. Names 4.22 Blends, cellar treatment, alteration of class or type. 4.91 List of approved prime names. 4.23 Varietal (grape type) labeling. 4.92 Alternative names permitted for tem- 4.24 Generic, semi-generic, and non-generic porary use. designations of geographic significance. 4.93 Approval of grape variety names. 4.25 of origin. 4.26 Estate bottled. Subpart K—Use of the Term ‘‘Organic’’ 4.27 wine. 4.28 Type designations of varietal signifi- 4.101 Use of the term ‘‘organic.’’ cance. AUTHORITY: 27 U.S.C. 205, unless otherwise Subpart D—Labeling Requirements for noted. Wine SOURCE: T.D. 6521, 25 FR 13835, Dec. 29, 1960, unless otherwise noted. 4.30 General. 4.32 Mandatory label information. EDITORIAL NOTE: Nomenclature changes to 4.32a Voluntary disclosure of major food al- part 4 appear by T.D. ATF–425, 65 FR 11890, lergens. Mar. 7, 2000. 4.32b Petitions for exemption from major food allergen labeling. Subpart A—Scope 4.33 Brand names. 4.34 Class and type. § 4.1 General. 4.35 Name and address. 4.36 Alcoholic content. The regulations in this part relate to 4.37 Net contents. the labeling and advertising of wine.

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§ 4.2 Territorial extent. 27 CFR Part 7—Labeling and Advertising of Malt Beverages This part applies to the several 27 CFR Part 9—American Viticultural Areas States of the United States, the Dis- 27 CFR Part 12—Foreign Nongeneric Names trict of Columbia, and Puerto Rico. of Geographic Significance Used in the Designation of § 4.3 Forms prescribed. 27 CFR Part 13—Labeling Proceedings 27 CFR Part 16—Alcoholic Beverage Health (a) The appropriate TTB officer is au- Warning Statement thorized to prescribe all forms required 27 CFR Part 24—Wine by this part. All of the information 27 CFR Part 26—Liquors and Articles From called for in each form shall be fur- Puerto Rico and the Virgin Islands nished as indicated by the headings on 27 CFR Part 27—Importation of Distilled the form and the instructions on or Spirits, Wines, and Beer 27 CFR Part 28—Exportation of Alcohol pertaining to the form. In addition, in- 27 CFR Part 71—Rules of Practice in Permit formation called for in each form shall Proceedings be furnished as required by this part. The form will be filed in accordance [T.D. ATF–483, 67 FR 62857, Oct. 8, 2002, as amended by T.D. TTB–8, 69 FR 3829, Jan. 27, with the instructions for the form. 2004; T.D. TTB–91, 76 FR 5476, Feb. 1, 2011] (b) Forms prescribed by this part are available for printing through the TTB Web site (http://www.ttb.gov) or by mail- Subpart B—Definitions ing a request to the Alcohol and To- § 4.10 Meaning of terms. bacco Tax and Trade Bureau, National Revenue Center, 550 Main Street, Room As used in this part, unless the con- 1516, Cincinnati, OH 45202. text otherwise requires, terms shall have the meaning ascribed in this part. [T.D. ATF–92, 46 FR 46911, Sept. 23, 1981, as Act. The Federal Alcohol Administra- amended by T.D. ATF–249, 52 FR 5955, Feb. tion Act. 27, 1987; T.D. 372, 61 FR 20723, May 8, 1996; Added brandy. Brandy or wine spirits T.D. ATF–425, 65 FR 11890, Mar. 7, 2000; T.D. for use in fortification of wine as per- TTB–44, 71 FR 16920, Apr. 4, 2006] mitted by internal revenue law. § 4.4 Delegations of the Administrator. Administrator. The Administrator, Al- cohol and Tobacco Tax and Trade Bu- Most of the regulatory authorities of reau, Department of the Treasury, the Administrator contained in this Washington, DC. part are delegated to appropriate TTB Advertisement. See § 4.61 for meaning officers. These TTB officers are speci- of term as used in subpart G of this fied in TTB Order 1135.4, Delegation of part. the Administator’s Authorities in 27 Alcohol. Ethyl alcohol distilled at or CFR Part 4, Labeling and Advertising above 190° proof. of Wine. You may obtain a copy of this American. The several States, the order by accessing the TTB Web site District of Columbia, and Puerto Rico; (http://www.ttb.gov) or by mailing a re- ‘‘State’’ includes the District of Colum- quest to the Alcohol and Tobacco Tax bia and Puerto Rico. and Trade Bureau, National Revenue Appropriate TTB officer. An officer or Center, 550 Main Street, Room 1516, employee of the Alcohol and Tobacco Cincinnati, OH 45202. Tax and Trade Bureau (TTB) author- [T.D. TTB–44, 71 FR 16920, Apr. 4, 2006] ized to perform any functions relating to the administration or enforcement § 4.5 Related regulations. of this part by TTB Order The following regulations also relate 1135.4,Delegation of the Administra- to this part: tor’s Authorities in 27 CFR part 4, La- beling and Advertising of Wine. 7 CFR Part 205—National Organic Program Bottler. Any person who places wine 27 CFR Part 1—Basic Permit Requirements in containers of four liters or less. (See Under the Federal Alcohol Administration meaning for ‘‘containers’’ and ‘‘pack- Act, Nonindustrial Use of Distilled Spirits and Wine, Bulk Sales and Bottling of Dis- er’’.) tilled Spirits Brand label. The label carrying, in 27 CFR Part 5—Labeling and Advertising of the usual distinctive design, the brand Distilled Spirits name of the wine.

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Container. Any bottle, barrel, cask, or Total solids. The degrees of the other closed receptacle irrespective of dealcoholized wine restored to its size or of the material from which original volume. made for use for the sale of wine at re- Trade buyer. Any person who is a tail. (See meaning for ‘‘bottler’’ and wholesaler or retailer. ‘‘packer’’.) United States. The several States, the Gallon. A U.S. gallon of 231 cubic District of Columbia, and Puerto Rico; inches of alcoholic beverages at 60 °F. the term ‘‘State’’ includes the District Interstate or foreign commerce. Com- of Columbia and Puerto Rico. merce between any State and any place Use of other terms. Any other term de- outside thereof, or commerce within fined in the Federal Alcohol Adminis- any Territory or the District of Colum- tration Act and used in this part shall bia, or between points within the same have the same meaning assigned to it State but through any place outside by the Act. thereof. Wine. (1) Wine as defined in section Liter or litre. (a) A metric unit of ca- 610 and section 617 of the Revenue Act pacity equal to 1,000 cubic centimeters and equivalent to 33.814 U.S. fluid of 1918 (26 U.S.C. 5381–5392), only if for ounces. For purposes of this part, a nonindustrial use and containing not liter is subdivided into 1,000 milliliters less than 7 percent and not more than (ml). 24 percent of alcohol by volume; and (b) For purposes of regulation, one (2) Other alcoholic beverages not so liter of wine is defined as that quantity defined, but made in the manner of (mass) of wine occupying a one-liter wine, including sparkling and carbon- volume at 20 °Celsius (68 °F). ated wine, wine made from condensed Packer. Any person who places wine grape must, wine made from other ag- in containers in excess of four liters. ricultural products than the juice of (See meaning for ‘‘container’’ and sound, ripe , imitation wine, ‘‘bottler’’.) compounds sold as wine, vermouth, Percent or percentage. Percent by vol- cider, perry, and sake, only if for non- ume. industrial use and containing not less Permittee. Any person holding a basic than 7 percent and not more than 24 permit under the Federal Alcohol Ad- percent of alcohol by volume. 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, ceiver, trustee, or liquidating agent, Nov. 6, 1981; T.D. ATF–299, 55 FR 24988, June and including an officer or employee of 19, 1990; T.D. ATF–425, 65 FR 11891, Mar. 7, any agency of a State or political sub- 2000; T.D. TTB–44, 71 FR 16921, Apr. 4, 2006; division thereof. T.D. TTB–91, 76 FR 5476, Feb. 1, 2011] Pure condensed must. The dehydrated juice or must of sound, ripe grapes, or Subpart C—Standards of Identity other fruit or agricultual products, for Wine concentrated to not more than 80° (Balling), the composition thereof re- § 4.20 Application of standards. maining unaltered except for removal The standards of identity for the sev- of water. eral classes and types of wine set forth Restored pure condensed must. Pure herein shall be applicable to all regula- condensed must to which has been added an amount of water not exceed- tions and permits issued under the act. ing the amount removed in the dehy- Whenever any term for which a stand- dration process. ard of identity has been established Sugar. Pure cane, beet, or dextrose herein is used in any such regulation or sugar in dry for containing, respec- permit, such term shall have the mean- tively, not less than 95 percent of ac- ing assigned to it by such standard of tual sugar calculated on a dry basis. identity.

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§ 4.21 The standards of identity. (2) 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 ,’’ 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) 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 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 ’’ 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) 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 . 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 ‘‘,’’ 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. (ii) Labels shall be so designed that of the wine within a closed container, all the words in such further designa- tank or bottle. tion are readily legible under ordinary (d) Class 4; citrus wine. (1)(i) Citrus conditions and are on a contrasting wine or citrus is wine pro- background. In the case of paragraph duced by the normal alcoholic fer- (b)(3)(i)(C) of this section, TTB will mentation of the juice of sound, ripe consider whether the label as a whole citrus fruit (including restored or provides the consumer with adequate unrestored pure condensed citrus information about the method of pro- must), with or without the addition, duction and origin of the wine. TTB after fermentation, of pure condensed will evaluate each label for legibility citrus must, and with or without added and clarity, based on such factors as citrus brandy or alcohol, but without type size and style for all components any other addition or abstraction ex- of the further designation and the op- cept as may occur in cellar treatment: tional term ‘‘charmat method’’ or Provided, That a domestic product may ‘‘charmat process,’’ as well as the con- be ameliorated or sweetened in accord- trast between the lettering and its ance with the provisions of 26 U.S.C. background, and the placement of in- 5384 and any product other than domes- formation on the label. tic may be ameliorated before, during, (iii) Notwithstanding the provisions or after fermentation by adding, sepa- of paragraphs (b)(3)(i)(A), (B) and (C) of rately or in combination, dry sugar, or this section, the appropriate TTB offi- such an amount of sugar and water so- cer may authorize the use of a term on lution as will not increase the volume sparkling wine labels, as an alternative of the resulting product more than 35 to those terms authorized in paragraph percent, or in the case of products pro- (b)(3)(i) of this section, but not in lieu duced from citrus fruit having a nor- of the required class designation mal acidity of 20 parts or more per ‘‘sparkling wine,’’ upon a finding that thousand, not more than 60 percent, such term adequately informs the con- but in no event shall any product so sumer about the method of production of the sparkling wine. ameliorated have an alcoholic content, (4) Crackling wine, petillant wine, derived by fermentation, of more than frizzante wine (including cremant, 14 percent by volume, or a natural acid perlant, reciotto, and other similar content, if water has been added, of wine) is sparkling light wine normally less than 5 parts per thousand, or a less effervescent than champagne or total solids content or more than 22 other similar sparkling wine, but con- grams per 100 cubic centimeters. taining sufficient carbon dioxide in so- (ii) The maximum volatile acidity, lution to produce, upon pouring under calculated as acetic acid and exclusive normal conditions, after the disappear- of sulfur dioxide, shall not be, for nat- ance of air bubbles, a slow and steady ural citrus wine, more than 0.14 gram, effervescence evidenced by the forma- and for other citrus wine, more than tion of gas bubbles flowing through the 0.12 gram, per 100 milliliters (20 °C.).

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(iii) Any citrus wine containing no than grapes, having a normal acidity of added brandy or alcohol may be further 20 parts or more per thousand, not designated as ‘‘natural.’’ more than 60 percent, and in the case (2) Citrus table wine or citrus fruit table of other fruit wines, not more than wine is citrus wine having an alcoholic 35%, but in no event shall any product content not in excess of 14 percent by so ameliorated have an alcoholic con- volume. Such wine may also be des- tent, derived by fermentation, of more ignated ‘‘light citrus wine,’’ ‘‘light cit- than 14 percent by volume, or a natural rus fruit wine,’’ ‘‘light sweet citrus acid content, if water has been added, fruit wine,’’ etc., as the case may be. of less than 5 parts per thousand, or a (3) Citrus dessert wine or citrus fruit total solids content of more than 22 dessert wine is citrus wine having an al- grams per 100 cubic centimeters. coholic content in excess of 14 percent (ii) The maximum volatile acidity, but not in excess of 24 percent by vol- calculated as acetic acid and exclusive ume. of sulfur dioxide, shall not be, for nat- (4) Citrus wine derived wholly (except ural fruit wine, more than 0.14 gram, for sugar, water, or added alcohol) from and for other fruit wine, more than 0.12 one kind of citrus fruit, shall be des- gram, per 100 milliliters (20 °C.). ignated by the word ‘‘wine’’ qualified (iii) Any fruit wine containing no by the name of such citrus fruit, e.g., added brandy or alcohol may be further ‘‘,’’ ‘‘grapefruit wine.’’ Cit- designated as ‘‘natural.’’ rus wine not derived wholly from one (2) Berry wine is fruit wine produced kind of citrus fruit shall be designated from berries. as ‘‘citrus wine’’ or ‘‘citrus fruit wine’’ 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 cent by volume. Such wine may also be dioxide resulting solely from the sec- designated ‘‘light fruit wine,’’ or ‘‘light ondary fermentation of the wine within berry wine.’’ a closed container, tank, or bottle shall (4) Fruit dessert wine or berry dessert be further designated as ‘‘sparkling’’; wine is fruit or berry wine having an and citrus wine rendered effervescent alcoholic content in excess of 14 per- by carbon dioxide otherwise derived cent but not in excess of 24 percent by shall be further designated as ‘‘carbon- volume. ated.’’ (5) Fruit wine derived wholly (except (e) Class 5; fruit wine. (1)(i) Fruit wine for sugar, water, or added alcohol) from is wine (other than grape wine or citrus one kind of fruit shall be designated by wine) produced by the normal alcoholic the word ‘‘wine’’ qualified by the name fermentation of the juice of sound, ripe of such fruit, e.g., ‘‘peach wine,’’ fruit (including restored or unrestored ‘‘blackberry wine.’’ Fruit wine not de- pure condensed fruit must), with or rived wholly from one kind of fruit without the addition, after fermenta- shall be designated as ‘‘fruit wine’’ or tion, of pure condensed fruit must, and ‘‘berry wine,’’ as the case may be, with or without added fruit brandy or qualified by a truthful and adequate alcohol, but without other addition or statement of composition appearing in abstraction except as may occur in cel- direct conjunction therewith. Fruit lar treatment: Provided, That a domes- wines which are derived wholly (except tic product may be ameliorated or for sugar, water, or added alcohol) from sweetened in accordance with the pro- apples or pears may be designated visions of 26 U.S.C. 5384 and any prod- ‘‘cider’’ and ‘‘perry,’’ respectively, and uct other than domestic may be ame- shall be so designated if lacking in vi- liorated before, during, or after fer- nous taste, aroma, and characteristics. mentation by adding, separately or in Fruit wine rendered effervescent by combination, dry sugar, or such an carbon dioxide resulting solely from amount of dry sugar and water solution the secondary fermentation of the wine as will increase the volume of the re- within a closed container, tank, or bot- sulting product, in the case of wines tle shall be further designated as produced from any fruit or berry other ‘‘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 14 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 of grapes, fruit, or cent by volume. other agricultural products.

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(iii) Any class or type of wine the Finding Aids section of the printed volume taste, aroma, color, or other character- and at www.fdsys.gov. 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 words ‘‘sub- (b) Alteration of class or type shall standard’’ or ‘‘other than standard,’’ be deemed to result from any of the fol- and shall include: lowing occurring before, during, or (i) Any wine having a volatile acidity after production. in excess of the maximum prescribed (1) Treatment of any class or type of therefor in §§ 4.20 to 4.25. wine with substances foreign to such (ii) Any wine for which no maximum wine which remain therein: Provided, volatile acidity is prescribed in §§ 4.20 That the presence in finished wine of to 4.25, inclusive, having a volatile not more than 350 parts per million of acidity, calculated as acetic acid and total sulfur dioxide, or sulphites ex- exclusive of sulfur dioxide, in excess of pressed as sulfur dioxide, shall not be 0.14 gram per 100 milliliters (20 °C.). precluded under this paragraph. (iii) Any wine for which a standard of (2) Treatment of any class or type of identity is prescribed in this §§ 4.20 to wine with substances not foreign to 4.25, inclusive, which, through disease, such wine but which remain therein in decomposition, or otherwise, fails to larger quantities than are naturally have the composition, color, and clean and normally present in other wines of vinous taste and aroma of normal the same class or type not so treated. wines conforming to such standard. (3) Treatment of any class or type of (iv) Any ‘‘grape wine’’ ‘‘citrus wine,’’ wine with methods or materials of any ‘‘fruit wine,’’ or ‘‘wine from other agri- kind to such an extent or in such man- cultural products’’ to which has been ner as to affect the basic composition added sugar and water solution in an of the wine so treated by altering any amount which is in excess of the limi- of its characteristic elements. tations prescribed in the standards of (4) Blending of wine of one class with identity for these products, unless, in wine of another class or the blending of the case of ‘‘citrus wine,’’ ‘‘fruit wine’’ wines of different types within the and ‘‘wine from other agricultural same class. products’’ the normal acidity of the (5) Treatment of any class or type of material from which such wine is pro- wine for which a standard of identity is duced is 20 parts or more per thousand prescribed in this subpart with sugar or and the volume of the resulting prod- water in excess of the quantities spe- uct has not been increased more than cifically authorized by such standards: 60 percent by such addition. (i) Class 9; retsina wine. ‘‘Retsina Provided, That the class or type wine’’ is grape table wine fermented or thereof shall not be deemed to be al- flavored with resin. tered: (i) Where such wine (other than grape CROSS REFERENCE: For regulations relating wine) is derived from fruit or other ag- to the use of spirits in wine, see part 24 of ricultural products having a high nor- this chapter. mal acidity, if the total solids content [T.D. 6521, 25 FR 13835, Dec. 29, 1960]] is not more than 22 grams per 100 cubic EDITORIAL NOTE: For FEDERAL REGISTER ci- centimeters and the content of natural tations affecting § 4.21, see the List of CFR acid is not less than 7.69 grams per Sections Affected, which appears in the liter, and

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(ii) Where such wine is derived exclu- vided in section 5382 of the Internal sively from fruit or other agricultural Revenue Code. products the normal acidity of which is (7) Notwithstanding the provisions of 20 parts or more per thousand, if the § 4.21(b) (1), (2) and (4), (c), (d)(4), (e)(5), volume of the resulting product has and (f)(6) carbon dioxide may be used to been increased not more than 60 per- maintain counterpressure during the cent by the addition of sugar and water transfer of finished sparkling wines solution for the sole purpose of cor- from (i) bulk processing tanks to bot- recting natural deficiencies due to such tles, or (ii) bottle to bottle: Provided, acidity and (except in the case of such That the carbon dioxide content of the wine when produced from fruit or ber- wine shall not be increased by more ries other than grapes) there is stated than 0.009 gm. per 100 ml. during the as part of the class and type designa- transfer operation. tion the phrase ‘‘Made with over 35 per- [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as cent 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; T.D. clude the treatment of wine of any ATF–403, 64 FR 50253, Sept. 16, 1999; T.D. class or type in the manner hereinafter ATF–458, 66 FR 37578, July 19, 2001; T.D. specified, provided such treatment does ATF–953, 68 FR 39455, July 2, 2003] not result in the alteration of the class § 4.23 Varietal (grape type) labeling. or type of the wine under the provi- sions of paragraph (b) of this section. (a) General. The names of one or more (1) Treatment with filtering equip- grape varieties may be used as the type ment, and with fining or sterilizing designation of a grape wine only if the agents. wine is also labeled with an of origin as defined in § 4.25. (2) Treatment with pasteurization as (b) One variety. Except as provided in necessary to perfect the wines to com- paragraph (c) of this section, the name mercial standards in accordance with of a single grape variety may be used acceptable cellar practice but only in as the type designation if not less than such a manner and to such an extent as 75 percent of the wine is derived from not to change the basic composition of grapes of that variety, the entire 75 the wine nor to eliminate any of its percent of which was grown in the la- characteristic elements. beled appellation of origin area. (3) Treatment with refrigeration as (c) Exceptions. (1) Wine made from necessary to perfect the wine to com- any labrusca variety (exclusive of mercial standards in accordance with hybrids with Vitis labrusca parentage) acceptable cellar practice but only in may be labeled with the variety name such a manner and to such an extent as if: not to change the basic composition of (i) Not less than 51 percent of the the wine nor to eliminate any of its wine is derived from grapes of the characteristic elements. named variety; (4) Treatment with methods and ma- (ii) The statement ‘‘contains not less terials to the minimum extent nec- than 51 percent (name of variety)’’ is essary to correct cloudiness, precipita- shown on the brand label, back label, tion, or abnormal color, odor, or flavor or a separate strip label, (except that developing in wine. this statement need not appear if 75 (5) Treatment with constituents nat- percent or more of the wine is derived urally present in the kind of fruit or from grapes of the named variety); and other agricultural product from which (iii) The entire qualifying percentage the wine is produced for the purpose of of the named variety was grown in the correcting deficiencies of these con- labeled appellation of origin area. stituents, but only to the extent that (2) Wine made from any variety of such constituents would be present in any species found by the appropriate normal wines of the same class or type TTB officer upon appropriate applica- not so treated. tion to be too strongly flavored at 75 (6) Treatment of any class or type of percent minimum varietal content wine involving the use of volatile fruit- may be labeled with the varietal name flavor concentrates in the manner pro- if:

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(i) Not less than 51 percent of the found by the Administrator. Semi-ge- wine is derived from grapes of that va- neric designations may be used to des- riety; ignate wines of an origin other than (ii) The statement ‘‘contains not less that indicated by such name only if than 51 percent (name of variety)’’ is there appears in direct conjunction shown on the brand label, back label, therewith an appropriate appellation of or a separate strip label (except that origin disclosing the true place of ori- this statement need not appear if 75 gin of the wine, and if the wine so des- percent or more of the wine is derived ignated conforms to the standard of from grapes of the named variety); and identity, if any, for such wine con- (iii) The entire qualifying percentage tained in the regulations in this part of the named variety was grown in the or, if there be no such standard, to the labeled appellation of origin area. (d) Two or more varieties. The names trade understanding of such class or of two or more grape varieties may be type. See § 24.257(c) of this chapter for used as the type designation if: exceptions to the Administrator’s au- (1) All of the grapes used to make the thority to remove names from para- wine are of the labeled varieties; graph (b)(2) of this section. (2) The percentage of the wine de- (2) Examples of semi-generic names rived from each variety is shown on the which are also type designations for label (with a tolerance of plus or minus grape wines are Angelica, Burgundy, 2 percent); and Claret, Chablis, Champagne, Chianti, (3)(i) If labeled with a multicounty Malaga, Marsala, Madeira, Moselle, appellation of origin, the percentage of Port, Rhine Wine (syn. Hock), Sau- the wine derived from each variety terne, Haut Sauterne, Sherry, Tokay. from each county is shown on the (c)(1) A name of geographic signifi- label; or cance, which has not been found by the (ii) If labeled with a multistate ap- Administrator to be generic or semi- pellation of origin, the percentage of generic may be used only to designate the wine derived from each variety wines of the origin indicated by such from each state is shown on the label. name, but such name shall not be (e) List of approved variety names. Ef- deemed to be the distinctive designa- fective February 7, 1996, the name of a tion of a wine unless the Administrator grape variety may be used as a type designation for an American wine only finds that it is known to the consumer if that name has been approved by the and to the trade as the designation of Administrator. A list of approved grape a specific wine of a particular place or variety names appears in subpart J of region, distinguishable from all other this part. wines. (2) Examples of nongeneric names [T.D. ATF–370, 61 FR 538, Jan. 8, 1996, as which are not distinctive designations amended by T.D. TTB–91, 76 FR 5476, Feb. 1, 2011] of specific grape wines are: American, California, Lake Erie, Napa Valley, § 4.24 Generic, semi-generic, and non- New York State, French, Spanish. Ad- generic designations of geographic ditional examples of foreign nongeneric significance. names are listed in subpart C of part 12 (a)(1) A name of geographic signifi- of this chapter. cance which is also the designation of a (3) Examples of nongeneric names class or type of wine, shall be deemed which are also distinctive designations to have become generic only if so found of specific grape wines are: Bordeaux by the Administrator. Blanc, Bordeaux Rouge, Graves, Medoc, (2) Examples of generic names, origi- Saint-Julien, Chateau Yquem, Chateau nally having geographic significance, Margaux, Chateau Lafite, Pommard, which are designations for a class or Chambertin, Montrachet, Rhone, type of wine are: Vermouth, Sake. Liebfraumilch, Rudesheimer, Forster, (b)(1) A name of geographic signifi- Deidesheimer, Schloss Johannisberger, cance, which is also the designation of a class or type of wine, shall be deemed Lagrima, and Lacryma Christi. A list to have become semi-generic only if so of foreign distinctive designations, as

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determined by the Administrator, ap- (2) Imported wine. An imported wine pears in subpart D of part 12 of this is entitled to an appellation of origin chapter. other than a multistate appellation, or a viticultural area, if: [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as (i) At least 75 percent of the wine is amended by T.D. ATF–296, 55 FR 17967, Apr. 30, 1990; T.D. ATF–398, 63 FR 44783, Aug. 21, derived from fruit or agricultural prod- 1998; T.D. ATF–425, 65 FR 11890, 11891, Mar. 7, ucts grown in the area indicated by the 2000] appellation of origin; and (ii) The wine conforms to the requirements of the § 4.25 Appellations of origin. foreign laws and regulations governing (a) Definition—(1) American wine. An the composition, method of production, American appellation of origin is: (i) and designation of wines available for The United States; (ii) a State; (iii) two consumption within the country of ori- or no more than three States which are gin. all contiguous; (iv) a county (which (c) Multicounty appellations. An appel- must be identified with the word lation of origin comprising two or no ‘‘county’’, in the same size of type, and more than three counties in the same in letters as conspicuous as the name State may be used if all of the fruit or of the county); (v) two or no more than other agricultural products were grown three counties in the same State; or in the counties indicated, and the per- (vi) a viticultural area (as defined in centage of the wine derived from fruit paragraph (e) of this section). or other agricultural products grown in each county is shown on the label with (2) Imported wine. An appellation of a tolerance of plus or minus two per- origin for imported wine is: cent. (i) A country; (d) Multistate appellations. (1) Amer- (ii) A state, province, territory, or ican wine. An appellation of origin similar political subdivision of a coun- comprising two or no more than three try equivalent to a state or county; States which are all contiguous may be (iii) Two or no more than three used, if: states, provinces, territories, or similar (i) All of the fruit or other agricul- political subdivisions of a country tural products were grown in the equivalent to a state which are all con- States indicated, and the percentage of tiguous; or the wine derived from fruit or other ag- (iv) A viticultural area (as defined in ricultural products grown in each paragraph (e) of this section). State is shown on the label with a tol- (b) Qualification—(1) American wine. erance of plus or minus 2 percent; An American wine is entitled to an ap- (ii) The wine has been fully finished pellation of origin other than a multi- (except for cellar treatment pursuant county or multistate appellation, or a to § 4.22(c), and blending that does not viticultural area, if: result in an alteration of class or type (i) At least 75 percent of the wine is under § 4.22(b)) in one of the labeled ap- derived from fruit or agricultural prod- pellation States; and ucts grown in the appellation area indi- (iii) The wine conforms to the laws cated; (ii) it has been fully finished (ex- and regulations governing the composi- cept for cellar treatment pursuant to tion, method of manufacture, and des- § 4.22(c), and blending which does not ignation of wines in all of the States result in an alteration of class or type listed in the appellation. under § 4.22(b)) in the United States, if (2) Imported wine. An appellation of labeled ‘‘American’’; or, if labeled with origin comprising two or no more than a State appellation, within the labeled three states, provinces, territories, or State or an adjacent State; or if la- similar political subdivisions of a coun- beled with a county appellation, within try equivalent to a state which are all the State in which the labeled county contiguous may be used if: is located; and (iii) it conforms to the (i) All of the fruit or other agricul- laws and regulations of the named ap- tural products were grown in the pellation area governing the composi- states, provinces, territories, or similar tion, method of manufacture, and des- political subdivisions of a country ignation of wines made in such place. equivalent to a state indicated, and the

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percentage of the wine derived from located (except for cellar treatment fruit or other agricultural products pursuant to § 4.22(c), and blending grown in each state, province, terri- which does not result in an alteration tory, or political subdivision equiva- of class and type under § 4.22(b)). lent to a state is shown on the label (4) Overlap viticultural area appella- with a tolerance of plus or minus 2 per- tions. An appellation of origin com- cent; and prised of more than one viticultural (ii) The wine conforms to the require- area may be used in the case of over- ments of the foreign laws and regula- lapping viticultural areas if not less tions governing the composition, meth- than 85 percent of the volume of the od of production, and designation of wine is derived from grapes grown in wines available for consumption within the overlapping area. the country of origin. (e) Viticultural area—(1) Definition—(i) [T.D. ATF–53, 43 FR 37675, Aug. 23, 1978] American wine. A delimited grape-grow- EDITORIAL NOTE: For FEDERAL REGISTER ci- ing region having distinguishing fea- tations affecting § 4.25, see the List of CFR tures as described in part 9 of this Sections Affected, which appears in the chapter and a name and a delineated Finding Aids section of the printed volume boundary as established in part 9 of and at www.fdsys.gov. this chapter. (ii) Imported wine. A delimited place § 4.26 Estate bottled. or region (other than an appellation de- (a) Conditions for use. The term Estate fined in paragraph (a)(2)(i), (a)(2)(ii), or bottled may be used by a bottling win- (a)(2)(iii)) the boundaries of which have ery on a only if the wine is been recognized and defined by the labeled with a viticultural area appel- country of origin for use on labels of lation of origin and the bottling win- wine available for consumption within ery: the country of origin. (2) Establishment of American (1) Is located in the labeled viticultural areas. A petition for the es- viticultural area; (2) grew all of the tablishment of an American grapes used to make the wine on land viticultural area may be made to the owned or controlled by the Administrator by any interested party, within the boundaries of the labeled pursuant to part 9 and § 70.701(c) of this viticultural area; (3) crushed the chapter. The petition must be made in grapes, fermented the resulting must, written form and must contain the in- and finished, aged, and bottled the formation specified in § 9.12 of this wine in a continuous process (the wine chapter. at no time having left the premises of (3) Requirements for use. A wine may the bottling winery). be labeled with a viticultural area ap- (b) Special rule for cooperatives. Grapes pellation if: grown by members of a cooperative (i) The appellation has been approved bottling winery are considered grown under part 9 of this title or by the ap- by the bottling winery. propriate foreign government; (c) Definition of ‘‘Controlled’’. For pur- (ii) Not less than 85 percent of the poses of this section, Controlled by re- wine is derived from grapes grown fers to property on which the bottling within the boundaries of the winery has the legal right to perform, viticultural area; and does perform, all of the acts com- (iii) In the case of foreign wine, it mon to under the terms of a conforms to the requirements of the lease or similar agreement of at least 3 foreign laws and regulations governing years duration. the composition, method of production, (d) Use of other terms. No term other and designation of wines available for consumption within the country of ori- than Estate bottled may be used on a gin; and label to indicate combined growing and (iv) In the case of American wine, it bottling conditions. has been fully finished within the [T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as State, or one of the States, within amended by T.D. ATF–201, 50 FR 12533, Mar. which the labeled viticultural area is 29, 1985]

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§ 4.27 Vintage wine. ficial of the country of origin (if the (a) General. Vintage wine is wine la- country of origin authorizes the beled with the year of of the issuance of such certificates) certifying grapes and made in accordance with that the wine is of the vintage shown, the standards prescribed in classes 1, 2, that the laws of the country regulate or 3 of § 4.21. The wine must be labeled the appearance of vintage dates upon with an appellation of origin. The ap- the labels of wine produced for con- pellation must be shown in direct con- sumption within the country of origin, junction with the designation required that the wine has been produced in by § 4.32(a)(2), in lettering substantially conformity with those laws, and that as conspicuous as that designation. In the wine would be entitled to bear the no event may the quantity of wine re- vintage date if it had been sold within moved from the producing winery, the country of origin. under labels bearing a vintage date, ex- ceed the volume of vintage wine pro- [T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF–195, 50 FR 763, Jan. 7, duced in that winery during the year 1985; T.D. TTB–45, 71 FR 25752, May 2, 2006; indicated by the vintage date. The fol- T.D. TTB–105, 77 FR 56541, Sept. 13, 2012] lowing additional rules apply to vin- tage labeling: § 4.28 Type designations of varietal (1) If an American or imported wine significance. is labeled with a viticultural area ap- pellation of origin (or its foreign equiv- The following are type designations alent), at least 95 percent of the wine of varietal significance for American must have been derived from grapes wine. These names may be used as type harvested in the labeled calendar year; designations for American wines only or if the wine is labeled with an appella- (2) If an American or imported wine tion of origin as defined in § 4.25. is labeled with an appellation of origin (a) Muscadine. An American wine other than a viticultural area (or its which derives at least 75 percent of its foreign equivalent), at least 85 percent volume from Muscadinia rotundifolia of the wine must have been derived grapes. from grapes harvested in the labeled (b) Muscatel. An American wine calendar year. which derives its predominant taste, (b) American wine. A permittee who aroma, characteristics and at least 75 produced and bottled or packed the percent of its volume from any wine, or a person other than the pro- grape source, and which meets the re- ducer who repackaged the wine in con- quirements of § 4.21(a)(3). tainers of 5 liters or less may show the (c) Muscat or Moscato. An American year of vintage upon the label if the wine which derives at least 75 percent person possesses appropriate records of its volume from any Muscat grape from the producer substantiating the source. year of vintage and the appellation of (d) Scuppernong. An American wine origin; and if the wine is made in com- which derives at least 75 percent of its pliance with the provisions of para- volume from bronze Muscadinia graph (a) of this section. rotundifolia grapes. (c) Imported wine. Imported wine may bear a vintage date if all of the fol- (e)(1) Beaujolais. An American lowing conditions are met: wine which derives at least 75 percent (1) It is made in compliance with the of its volume from grapes, provisions of paragraph (a) of this sec- Valdiguie´ grapes, or a combination of tion; both. (2) It is bottled in containers of 5 li- (2) For wines bottled on or after Jan- ters or less prior to importation, or it uary 1, 1999, and prior to April 9, 2007, is bottled in the United States from the name ‘‘Gamay Beaujolais’’ may be the original container of the product used as a type designation only if there (showing a vintage date); and appears in direct conjunction there- (3) The invoice is accompanied by, or with, but on a separate line and sepa- the American bottler possesses, a cer- rated by the required appellation of or- tificate issued by a duly authorized of- igin, the name(s) of the grape variety

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or varieties used to satisfy the require- mark, brand, or label upon wine held ments of paragraph (e)(1) of this sec- for sale in interstate or foreign com- tion. Where two varietal names are merce or after shipment therein, ex- listed, they shall appear on the same cept as authorized by Federal law, or line, in order of predominance. The ap- except as provided in paragraph (b)(2) pellation of origin shall appear either of this section: Provided, That the ap- on a separate line between the name propriate TTB officer may, upon writ- ‘‘Gamay Beaujolais’’ and the grape va- ten application, permit additional la- riety name(s) or on the same line as beling or relabeling of wine for pur- the grape variety name(s) in a manner poses of compliance with the require- that qualifies the grape variety ments of this part or of State law. name(s). The following statement shall (2) No application for permission to also appear on the brand or back label: relabel wine need be made in any case ‘‘Gamay Beaujolais is made from at where there is added to the container, least 75 percent Pinot noir and/or after removal from customs custody or Valdiguie´ grapes.’’ from the premises where bottled or (3) The designation ‘‘Gamay Beaujo- packed, a label identifying the whole- lais’’ may not be used on labels of sale or retail distributor thereof, and American wines bottled on or after containing no reference whatever to April 9, 2007. the characteristics of the product. [T.D. ATF–370, 61 FR 539, Jan. 8, 1996, as [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF–388, 62 FR 16490, Apr. amended by T.D. ATF–425, 65 FR 11891, Mar. 7, 1997; T.D. ATF–388a, 62 FR 33747, June 23, 7, 2000; T.D. ATF–953, 68 FR 39455, July 2, 1997; T.D. TTB–91, 76 FR 5476, Feb. 1, 2011] 2003]

CROSS REFERENCE: For customs warehouses Subpart D—Labeling and control of merchandise therein, see 19 Requirements for Wine CFR part 19.

§ 4.30 General. § 4.32 Mandatory label information. (a) Application. No person engaged in (a) There shall be stated on the brand business as a producer, rectifier, blend- label: er, importer, or wholesaler, directly or (1) Brand name, in accordance with indirectly or through an affiliate, shall § 4.33. sell or ship or deliver for sale or ship- (2) Class, type, or other designation, ment, or otherwise introduce in inter- in accordance with § 4.34. state or foreign commerce, or receive (3) [Reserved] therein, or remove from customs cus- (4) On blends consisting of American tody, any wine in containers unless and foreign wines, if any reference is such wine is packaged, and such pack- made to the presence of foreign wine, ages are marked, branded, and labeled the exact percentage by volume. in conformity with this subpart. Wine (b) There shall be stated on any label domestically bottled or packed prior to affixed to the container: Dec. 15, 1936, and imported wine en- (1) Name and address, in accordance tered in customs bond in containers with § 4.35. prior to that date shall be regarded as (2) Net contents, in accordance with being packaged, marked, branded and § 4.37. If the net contents is a standard labeled in accordance with this sub- of fill other than an authorized metric part, if the labels on such wine (1) bear standard of fill as prescribed in § 4.72, all the mandatory label information the net contents statement shall ap- required by § 4.32, even though such in- pear on a label affixed to the front of formation is not set forth in the man- the bottle. ner and form as required by § 4.32 and (3) Alcohol content, in accordance other sections of this title referred to with § 4.36. therein, and (2) bear no statements, de- (c) There shall be stated on the brand signs, or devices which are false or mis- label or on a back label a statement leading. that the product contains FD&C Yel- (b) Alteration of labels. (1) It shall be low No. 5, where that coloring material unlawful for any person to alter, muti- is used in a product bottled on or after late, destroy, obliterate or remove any October 6, 1984.

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(d) Declaration of cochineal extract or (ii) A food ingredient that contains carmine. There shall be stated on a protein derived from a food specified in front label, back label, strip label, or paragraph (a)(1)(i) of this section, ex- neck label a statement that the prod- cept: uct contains the color additive cochi- (A) Any highly refined oil derived neal extract or the color additive car- from a food specified in paragraph mine, prominently and conspicuously, (a)(1)(i) of this section and any ingre- using the respective common or usual dient derived from such highly refined name (‘‘cochineal extract’’ or ‘‘car- oil; or mine’’), where either of the coloring (B) A food ingredient that is exempt materials is used in a product that is from major food allergen labeling re- removed on or after April 16, 2013. (For quirements pursuant to a petition for example: ‘‘Contains Cochineal Ex- exemption approved by the Food and tract’’ or ‘‘Contains Carmine’’ or, if ap- Drug Administration (FDA) under 21 plicable, ‘‘Contains Cochineal Extract U.S.C. 343(w)(6) or pursuant to a notice and Carmine’’). submitted to FDA under 21 U.S.C. (e) Declaration of sulfites. There shall 343(w)(7), provided that the food ingre- be stated on a front label, back label, dient meets the terms or conditions, if strip label or neck label, the statement any, specified for that exemption. ‘‘Contains sulfites’’ or ‘‘Contains (a) (2) Name of the food source from which sulfiting agent(s)’’ or a statement iden- each major food allergen is derived. Name tifying the specific sulfiting agent of the food source from which each major where sulfur dioxide or a sulfiting food allergen is derived means the name agent is detected at a level of 10 or of the food as listed in paragraph more parts per million, measured as (a)(1)(i) of this section, except that: total sulfur dioxide. The provisions of (i) In the case of a tree nut, it means this paragraph shall apply to: the name of the specific type of nut (1) Any certificate of label approval (for example, almonds, pecans, or wal- issued on or after January 9, 1987; nuts); (2) Any wine bottled on or after July (ii) In the case of Crustacean shell- 9, 1987, regardless of the date of fish, it means the name of the species issuance of the certificate of label ap- of Crustacean shellfish (for example, proval; and, crab, lobster, or shrimp); and (3) Any wine removed on or after (iii) The names ‘‘egg’’ and ‘‘peanuts’’, January 9, 1988. as well as the names of the different types of tree nuts, may be expressed in (Paragraph (e) approved by the Office of either the singular or plural form, and Management and Budget under Control the term ‘‘soy’’, soybean’’, or ‘‘soya’’ Number 1512–0469) may be used instead of ‘‘soybeans’’. [T.D. 6521, 25 FR 13835, Dec. 29, 1960] (b) Voluntary labeling standards. EDITORIAL NOTE: For FEDERAL REGISTER ci- Major food allergens (defined in para- tations affecting § 4.32, see the List of CFR graph (a)(1) of this section) used in the Sections Affected, which appears in the production of a wine may, on a vol- Finding Aids section of the printed volume untary basis, be declared on any label and at www.fdsys.gov. affixed to the container. However, if any one major food allergen is volun- § 4.32a Voluntary disclosure of major tarily declared, all major food aller- food allergens. gens used in production of the wine, in- (a) Definitions. For purposes of this cluding major food allergens used as section the following terms have the fining or processing agents, must be de- meanings indicated. clared, except when covered by a peti- (1) Major food allergen. Major food al- tion for exemption approved by the ap- lergen means any of the following: propriate TTB officer under § 4.32b. The (i) Milk, egg, fish (for example, bass, major food allergens declaration must flounder, or cod), Crustacean shellfish consist of the word ‘‘Contains’’ fol- (for example, crab, lobster, or shrimp), lowed by a colon and the name of the tree nuts (for example, almonds, pe- food source from which each major cans, or walnuts), wheat, peanuts, and food allergen is derived (for example, soybeans; or ‘‘Contains: egg’’).

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(c) Cross reference. For mandatory la- time. TTB will treat this submission as beling requirements applicable to a new petition for purposes of the time wines containing FD&C Yellow No. 5 frames for decision set forth in para- and sulfites, see §§ 4.32(c) and (e). graph (b) of this section. (d) Availability of information—(1) Gen- [T.D. TTB–53, 71 FR 42267, July 26, 2006] eral. TTB will promptly post to its pub- § 4.32b Petitions for exemption from lic Web site, http://www.ttb.gov, all peti- major food allergen labeling. tions received under this section as (a) Submission of petition. Any person well as TTB’s responses to those peti- may petition the appropriate TTB offi- tions. Any information submitted in cer to exempt a particular product or support of the petition that is not post- class of products from the labeling re- ed to the TTB Web site will be avail- quirements of § 4.32a. The burden is on able to the public pursuant to 5 U.S.C. the petitioner to provide scientific evi- 552, except where a request for con- dence (including the analytical method fidential treatment is granted under used to produce the evidence) that paragraph (d)(2) of this section. (2) demonstrates that the finished product Requests for confidential treatment A person who or class of products, as derived by the of business information. provides trade secrets or other com- method specified in the petition, ei- mercial or financial information in ther: (1) Does not cause an allergic re- connection with a petition for exemp- sponse that poses a risk to human tion under this section may request health; or that TTB give confidential treatment (2) Does not contain allergenic pro- to that information. A failure to re- tein derived from one of the foods iden- quest confidential treatment at the tified in § 4.32a(a)(1)(i), even though a time the information in question is major food allergen was used in produc- submitted to TTB will constitute a tion. waiver of confidential treatment. A re- (b) Decision on petition. TTB will ap- quest for confidential treatment of in- prove or deny a petition for exemption formation under this section must con- submitted under paragraph (a) of this form to the following standards: section in writing within 180 days of re- (i) The request must be in writing; ceipt of the petition. If TTB does not (ii) The request must clearly identify provide a written response to the peti- the information to be kept confiden- tioner within that 180-day period, the tial; petition will be deemed denied, unless (iii) The request must relate to infor- an extension of time for decision is mu- mation that constitutes trade secrets tually agreed upon by the appropriate or other confidential commercial or fi- TTB officer and the petitioner. TTB nancial information regarding the busi- may confer with the Food and Drug ness transactions of an interested per- Administration (FDA) on petitions for son, the disclosure of which would exemption, as appropriate and as FDA cause substantial harm to the competi- resources permit. TTB may require the tive position of that person; submission of product samples and (iv) The request must set forth the other additional information in sup- reasons why the information should port of a petition; however, unless re- not be disclosed, including the reasons quired by TTB, the submission of sam- the disclosure of the information would ples or additional information by the prejudice the competitive position of petitioner after submission of the peti- the interested person; and (v) The request must be supported by tion will be treated as the withdrawal a signed statement by the interested of the initial petition and the submis- person, or by an authorized officer or sion of a new petition. An approval or employee of that person, certifying denial under this section will con- that the information in question is a stitute a final agency action. (c) Resubmission of a petition. After a trade secret or other confidential com- petition for exemption is denied under mercial or financial information and this section, the petitioner may resub- that the information is not already in mit the petition along with supporting the public domain. materials for reconsideration at any [T.D. TTB–53, 71 FR 42267, July 26, 2006]

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§ 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 ap- the brand label of the product in lieu of propriate TTB officer finds that such a class designation. In addition to the brand name, either when qualified by mandatory designation for the wine, the word ‘‘brand’’ or when not so quali- there may be stated a distinctive or fied, conveys no erroneous impressions fanciful name, or a designation in ac- as to the age, origin, identity, or other characteristics of the product. cordance with trade understanding. (c) Trade name of foreign origin. This The statement of composition will not section shall not operate to prohibit include any reference to a varietal the use by any person of any trade (grape type) designation, type designa- name or brand of foreign origin not ef- tion of varietal significance, semi-ge- fectively registered in the United neric geographic type designation, or States Patent Office on August 29, 1935, geographic distinctive designation. All which has been used by such person or parts of the designation of the wine, his predecessors in the United States whether mandatory or optional, shall for a period of at least five years imme- be in direct conjunction and in let- diately preceding August 29, 1935: Pro- tering substantially of the same size vided, That if such trade name or brand and kind. is used, the designation of the product (b) An appellation of origin such as shall be qualified by the name of the ‘‘American,’’ ‘‘New York,’’ ‘‘Napa Val- locality in the United States in which ley,’’ or ‘‘Chilean,’’ disclosing the true produced, and such qualifications shall place of origin of the wine, shall appear be in script, type, or printing as con- in direct conjunction with and in let- spicuous as the trade name or brand. tering substantially as conspicuous as § 4.34 Class and type. the class and type designation if: (a) The class of the wine shall be (1) A varietal (grape type) designa- stated in conformity with subpart C of tion is used under the provisions of this part if the wine is defined therein, § 4.23; except that ‘‘table’’ (‘‘light’’) and (2) A type designation of varietal sig- ‘‘dessert’’ wines need not be designated nificance is used under the provisions as such. In the case of still grape wine of § 4.28; there may appear, in lieu of the class (3) A semi-generic type designation is designation, any varietal (grape type) employed as the class and type des- designation, type designation of vari- ignation of the wine pursuant to etal significance, semigeneric geo- § 4.24(b); graphic type designation, or geographic (4) A product name is qualified with distinctive designation, to which the the word ‘‘Brand’’ under the require- wine may be entitled. In the case of ments of § 4.39 (j); or champagne, or crackling wines, the type designation ‘‘champagne’’ or ‘‘crackling wine’’ (‘‘petillant wine’’, ‘‘frizzante wine’’) may appear in lieu of the class designation ‘‘sparkling wine’’. In the case of wine which has a total solids content of more than 17 grams

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(5) The wine is labeled with the year (C) Produced sparkling wine by sec- of harvest of the grapes, and otherwise ondary fermentation at the stated ad- conforms with the provisions of § 4.27. dress. (iv) Blended means that the named [T.D. ATF–53, 43 FR 37677, Aug. 23, 1978; T.D. ATF–48, 44 FR 55839, Sept. 28, 1979, as amend- winery mixed the wine with other ed by T.D. ATF–195, 50 FR 763, Jan. 7, 1985; wines of the same class and type at the T.D. ATF–229, 51 FR 20482, June 5, 1986; T.D. stated address. ATF–312, 56 FR 31077, July 9, 1991; T.D. ATF– (v) Cellared, Vinted or Prepared means 370, 61 FR 539, Jan. 8, 1996; T.D. ATF–431, 65 that the named winery, at the stated FR 59724, Oct. 6, 2000; T.D. TTB–105, 77 FR address, subjected the wine to cellar 56541, Sept. 13, 2012] treatment in accordance with § 4.22(c). (b) Imported wine—(1) Mandatory § 4.35 Name and address. statements. (i) A label on each container (a) American wine—(1) Mandatory of imported wine shall state ‘‘imported statement. A label on each container of by’’ or a similar appropriate phrase, American wine shall state either ‘‘bot- followed immediately by the name of tled by’’ or ‘‘packed by’’ followed by the importer, agent, sole distributor, the name of the bottler or packer and or other person responsible for the im- the address (in accordance with para- portation, followed immediately by the graph (c)) of the place where the wine address of the principal place of busi- was bottled or packed. Other words ness in the United States of the named may also be stated in addition to the person. required words ‘‘bottled by’’ or (ii) If the wine was bottled or packed ‘‘packed by’’ and the required name in the United States, the label shall and address if the use of such words is also state one of the following: in accordance with paragraph (a)(2) of (A) ‘‘Bottled by’’ or ‘‘packed by’’ fol- this section. lowed by the name of the bottler or (2) Optional statements. (i) In addition packer and the address (in accordance to the statement required by paragraph with paragraph (c)) of the place where (a)(1), the label may also state the the wine was bottled or packed; or name and address of any other person (B) If the wine was bottled or packed for whom the wine was bottled or for the person responsible for the im- packed, immediately preceded by the portation, the words ‘‘imported by and words ‘‘bottled for’’ or ‘‘packed for’’ or bottled (packed) in the United States ‘‘distributed by.’’ for’’ (or a similar appropriate phrase) (ii) The words defined in paragraphs followed by the name and address of (a)(2)(iii)–(a)(2)(vi) may be used, in ac- the principal place of business in the cordance with the definitions given, in United States of the person responsible addition to the name and address state- for the importation; or ment required by paragraph (a)(1). Use (C) If the wine was bottled or packed of these words may be conjoined, using by the person responsible for the im- the word ‘‘and’’, and with the words portation, the words ‘‘imported and ‘‘bottled by’’ or ‘‘packed by’’ only if bottled (packed) by’’ followed by the the same person performed the defined name and address of the principal place operation at the same address. More of business in the United States of the than one name is necessary if the de- person responsible for the importation. fined operation was performed by a per- (iii) If the wine was blended, bottled son other than the bottler or packer or packed in a foreign country other and more than one address statement than the country of origin, and the is necessary if the defined operation label identifies the country of origin, was performed at a different address. the label shall state ‘‘blended by,’’ (iii) Produced or Made means that the ‘‘bottled by,’’ or ‘‘packed by,’’ or other named winery: appropriate statement, followed by the (A) Fermented not less than 75% of name of the blender, bottler or packer such wine at the stated address, or and the place where the wine was (B) Changed the class or type of the blended, bottled or packed. wine by addition of alcohol, brandy, (2) Optional statements. In addition to flavors, colors, or artificial the statements required by paragraph carbonation at the stated address, or (b) (1), the label may also state the

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name and address of the principal place (b) Alcoholic content shall be stated of business of the foreign producer. in terms of percentage of alcohol by Other words, or their English-language volume, and not otherwise, as provided equivalents, denoting op- in either paragraph (b)(1) or (2) of this erations may be used in accordance section: with the requirements of the country (1) ‘‘Alcohol ll % by volume,’’ or of origin, for wines sold within the similar appropriate phrase; Provided, country of origin. that if the word ‘‘alcohol’’ and/or ‘‘vol- (c) Form of address. The ‘‘place’’ stat- ume’’ are abbreviated, they shall be ed shall be the post office address shown as ‘‘alc.’’ (alc) and/or ‘‘vol.’’ shown on the basic permit or other (vol), respectively. Except as provided qualifying document of the premises at in paragraph (c) of this section, a toler- which the operations took place; and ance of 1 percent, in the case of wines there shall be shown the address for containing more than 14 percent of al- each operation which is designated on cohol by volume, and of 1.5 percent, in the label. An example of such use the case of wines containing 14 percent would be ‘‘Produced at Gilroy, Cali- or less of alcohol by volume, will be fornia, and bottled at San Mateo, Cali- permitted either above or below the fornia, by XYZ Winery,’’ except that the street address may be omitted. No stated percentage. additional places or addresses shall be (2) ‘‘Alcohol ll % to ll % by vol- stated for the same person unless: ume,’’ or similar appropriate phrase; (1) Such person is actively engaged in Provided, that if the word ‘‘alcohol’’ the conduct of an additional bona fide and/or ‘‘volume’’ are abbreviated, they and actual alcoholic beverage business shall be shown as ‘‘alc.’’ (alc) and/or at such additional place or address, and ‘‘vol.’’ (vol), respectively. Except as (2) The label also contains in direct provided in paragraph (c) of this sec- conjunction therewith, appropriate de- tion, a range of not more than 2 per- scriptive material indicating the func- cent, in the case of wines containing tion occurring at such additional place more than 14 percent of alcohol by vol- or address in connection with the par- ume, and of not more than 3 percent, in ticular product. the case of wines containing 14 percent (d) Trade or operating names. The or less of alcohol by volume, will be trade or operating name of any person permitted between the minimum and appearing upon any label shall be iden- maximum percentages stated, and no tical with a name appearing on the tolerances will be permitted either basic permit or other qualifying docu- below such minimum or above such ment. maximum. (e) The provisions of this section are (c) Regardless of the type of state- optional until they become mandatory ment used and regardless of tolerances July 27, 1994. normally permitted in direct state- ments and ranges normally permitted [T.D. ATF–328, 57 FR 33114, July 27, 1992; 57 FR 37591, Aug. 19, 1992. Redesignated by T.D. in maximum and minimum state- ATF–953, 68 FR 39455, July 2, 2003] ments, alcoholic content statements, whether required or optional, shall § 4.36 Alcoholic content. definitely and correctly indicate the (a) Alcoholic content shall be stated class, type and taxable grade of the in the case of wines containing more wine so labeled and nothing in this sec- than 14 percent of alcohol by volume. tion shall be construed as authorizing In the case of wine containing 14 per- the appearance upon the labels of any cent or less of alcohol by volume, the wine of an alcoholic content statement alcohol content may be stated, but in terms of maximum and minimum need not be stated if the type designa- percentages which overlaps a pre- tion ‘‘table’’ wine (or ‘‘light’’ wine) ap- scribed limitation on the alcoholic con- pears on the brand label as prescribed tent of any class, type, or taxable in § 4.32(a)(2). Any statement of alco- grade of wine, or a direct statement of holic content shall be made as pre- alcoholic content which indicates that scribed in paragraph (b) of this section. the alcoholic content of the wine is

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within such a limitation when in fact (d) Tolerances. Statement of net con- it is not. tents shall indicate exactly the volume of wine within the container, except [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF–275, 53 FR 27046, July that the following tolerances shall be 18, 1988; T.D. TTB–114, 78 FR 34568, Jun. 10, allowed: 2013] (1) Discrepancies due exclusively to errors in measuring which occur in fill- § 4.37 Net contents. ing conducted in compliance with good (a) Statement of net contents. The net commercial practice. contents of wine for which a standard (2) Discrepancies due exclusively to of fill is prescribed in § 4.72 shall be differences in the capacity of con- stated in the same manner and form as tainers, resulting solely from unavoid- set forth in the standard of fill. The net able difficulties in manufacturing such content of wine for which no standard containers so as to be of uniform ca- of fill is prescribed in § 4.72 shall be pacity: Provided, That no greater toler- stated in the metric system of measure ance shall be allowed in case of con- as follows: tainers which, because of their design, (1) If more than one liter, net con- cannot be made of approximately uni- tents shall be stated in liters and in form capacity than is allowed in case decimal portions of a liter accurate to of containers which can be manufac- the nearest one-hundredth of a liter. tured so as to be of approximately uni- (2) If less than one liter, net contents form capacity. shall be stated in milliliters (ml). (3) Discrepancies in measure due to (b) Statement of U.S. equivalent net differences in atmospheric conditions contents. When net contents of wine are in various places and which unavoid- stated in metric measure, the equiva- ably result from the ordinary and cus- lent volume in U.S. measure may also tomary exposure of alcoholic beverages be shown. If shown, the U.S. equivalent in containers to evaporation. The rea- volume will be shown as follows: sonableness to discrepancies under this (1) For the metric standards of fill: 3 paragraph shall be determined on the liters (101 fl. oz.); 1.5 liters (50.7 fl. oz.); facts in each case. 1 liter (33.8 fl. oz.); 750 ml (25.4 fl. oz.); (e) Unreasonable shortages. Unreason- 500 ml (16.9 fl. oz.); 375 ml (12.7 fl. oz.); able shortages in certain of the con- 187 ml (6.3 fl. oz.); 100 ml (3.4 fl. oz.); tainers in any shipment shall not be and 50 ml (1.7 fl. oz.). compensated by overages in other con- (2) Equivalent volumes of less than tainers in the same shipment. 100 fluid ounces will be stated in fluid [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as ounces only, accurate to the nearest amended by T.D. ATF–49, 43 FR 19848, May 9, one-tenth of a fluid ounce; for example, 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981; 700 ml (23.7 fl. oz.). T.D. ATF–303, 55 FR 42713, Oct. 23, 1990; T.D. (3) Equivalent volumes of 100 fluid TTB–91, 76 FR 5476, Feb. 1, 2011] ounces or more will be stated in fluid ounces only, accurate to the nearest § 4.38 General requirements. whole fluid ounce; for example, 6 liters (a) Legibility. All labels shall be so de- (203 fl. oz.). signed that all the statements thereon (c) Net contents marked in bottle. The required by §§ 4.30 through 4.39 are read- net contents need not be stated on any ily legible under ordinary conditions, label if the net contents are displayed and all such statement shall be on a by having the same blown, etched, contrasting background. sand-blasted, marked by underglaze (b) Size of type. (1) Containers of more coloring, or otherwise permanently than 187 milliliters. All mandatory in- marked by any method approved by the formation required on labels by this appropriate TTB officer, in the sides, part, except the alcoholic content front, or back of the bottle, in letters statement, shall be in script, type, or and figures in such manner as to be printing not smaller than 2 millime- plainly legible under ordinary cir- ters; except that if contained among cumstances, and such statement is not other descriptive or explanatory infor- obscured in any manner in whole or in mation, the script, type, or printing of part. the mandatory information shall be of

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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, the alcoholic content statement, shall excellence, or other characteristic of not be smaller than 1 millimeter, ex- any ingredient in any wine, or used in cept that if contained among other de- its production, the label containing scriptive or explanatory information, such representation shall state, in the script, type, or printing of the print, type, or script, substantially as mandatory information shall be of a conspicuous as such representation, size substantially more conspicuous the name and amount in percent by than that of the descriptive or explana- volume of each such ingredient. tory information. (h) Statement of contents of containers. (3) Alcoholic content statements Upon request of the appropriate TTB shall not appear in script, type, or officer, there shall be submitted a full printing larger or more conspicuous and accurate statement of the contents than 3 millimeters nor smaller than 1 of the containers to which labels are to millimeter on labels of containers hav- be or have been affixed. ing a capacity of 5 liters or less and [T.D. ATF–53, 43 FR 37677, Aug. 23, 1978, as shall not be set off with a border or amended by T.D. ATF–66, 45 FR 40544, June otherwise accentuated. 13, 1980; T.D. ATF–94, 46 FR 55095, Nov. 6, (c) English language. All mandatory 1981; T.D. ATF–249, 52 FR 5955, Feb. 27, 1987; label information shall be stated on la- T.D. ATF–275, 53 FR 27046, July 18, 1988; T.D. bels in the English language, except ATF–312, 56 FR 31077, July 9, 1991] that the brand name, the place of pro- duction, and the name of the manufac- § 4.38a Bottle cartons, booklets and turer, producer, blender, bottler, pack- leaflets. er, or shipper appearing on the label (a) General. An individual covering, need not be in the English language if carton, or other container of the bottle the words ‘‘product of’’ immediately used for sale at retail (other than a precede the name of the country of ori- shipping container), or any written, gin stated in accordance with customs printed, graphic, or other matter ac- requirements. Additional statements in companying the bottle to the consumer foreign languages may be made on la- buyer shall not contain any statement, bels, if they do not in any way conflict design, device, or graphic, pictorial, or with, or contradict the requirements of emblematic representation that is pro- §§ 4.30 through 4.39. hibited by §§ 4.30 through 4.39 on labels. (d) Location of label. Labels shall not (b) Sealed cartons. If bottles are en- obscure Government stamps nor be ob- closed in sealed opaque coverings, car- scured thereby. tons, or other containers used for sale (e) Labels firmly affixed. All labels at retail (other than a shipping con- shall be affixed to containers of wine in tainer), such coverings, cartons, or such manner that they cannot be re- other containers must bear all manda- moved without thorough application of tory label information. water or other solvents. (c) Other cartons. (1) If an individual (f) Additional information on labels. covering, carton, or other container of Labels may contain information other the bottle used for sale at retail (other than the mandatory label information than a shipping container) is so de- required by §§ 4.30 through 4.39, if such signed that the bottle is readily remov- information complies with the require- able, it may display any information ments of such sections and does not which is not in conflict with the label conflict with, nor in any manner qual- on the bottle contained therein. ify statements required by this part. In (2) Cartons displaying brand names addition, information which is truth- and/or designations must display such ful, accurate, and specific, and which is names and designations in their en- neither disparaging nor misleading tirety—brand names required to be may appear on wine labels. modified, e.g. by ‘‘Brand’’ or ‘‘Product

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of U.S.A.’’, must also display such tailer, bottler, or warehouseman of modification. wine, nor to the use by any person of a (3) Wines for which a truthful and trade or brand name that is the name adequate statement of composition is of any living individual of public prom- required must display such statement. inence or existing private or public or- [T.D. ATF–36, 41 FR 47425, Oct. 29, 1976] ganization, provided such trade or brand name was used by him or his § 4.39 Prohibited practices. predecessors in interest prior to Au- (a) Statements on labels. Containers of gust 29, 1935. wine, or any label on such containers, (7) Any statement, design, device, or or any individual covering, carton, or representation (other than a statement other wrapper of such container, or any of alcohol content in conformity with written, printed, graphic, or other mat- § 4.36), which tends to create the im- ter accompanying such container to pression that a wine: the consumer shall not contain: (i) Contains distilled spirits; (1) Any statement that is false or un- (ii) Is comparable to a distilled spirit; true in any particular, or that, irre- or spective of falsity, directly, or by am- (iii) Has intoxicating qualities. biguity, omission, or inference, or by However, if a statement of composition the addition of irrelevant, scientific or is required to appear as the designation technical matter, tends to create a of a product not defined in these regu- misleading impression. lations, such statement of composition (2) Any statement that is disparaging may include a reference to the type of of a competitor’s products. distilled spirits contained therein. (3) Any statement, design, device, or representation which is obscene or in- (8) Any coined word or name in the decent. brand name or class and type designa- (4) Any statement, design, device, or tion which simulates, imitates, or representation of or relating to anal- which tends to create the impression yses, standards, or tests, irrespective of that the wine so labeled is entitled to falsity, which the appropriate TTB offi- bear, any class, type, or permitted des- cer finds to be likely to mislead the ignation recognized by the regulations consumer. in this part unless such wine conforms (5) Any statement, design, device or to the requirements prescribed with re- representation of or relating to any spect to such designation and is in fact guarantee, irrespective of falsity, so designated on its labels. which the appropriate TTB officer finds (9) Any word in the brand name or to be likely to mislead the consumer. class and type designation which is the Money-back guarantees are not prohib- name of a distilled spirits product or ited. which simulates, imitates, or created (6) A trade or brand name that is the the impression that the wine so labeled name of any living individual of public is, or is similar to, any product cus- prominence, or existing private or pub- tomarily made with a distilled spirits lic organization, or is a name that is in base. Examples of such words are: simulation or is an abbreviation there- ‘‘Manhattan,’’ ‘‘Martini,’’ and of, or any graphic, pictorial, or em- ‘‘Daquiri’’ in a class and type designa- blematic representation of any such in- tion or brand name of a wine cocktail; dividual or organization, if the use of ‘‘Cuba Libre,’’ ‘‘Zombie,’’ and ‘‘Collins’’ such name or representation is likely in a class and type designation or falsely to lead the consumer to believe brand name of a wine specialty or wine that the product has been endorsed, highball; ‘‘creme,’’ ‘‘cream,’’ ‘‘de,’’ or made, or used by, or produced for, or ‘‘of’’ when used in conjunction with under the supervision of, or in accord- ‘‘menthe,’’ ‘‘mint,’’ or ‘‘cacao’’ in a ance with the specifications of, such in- class and type designation or a brand dividual or organization; Provided, name of a mint or chocolate flavored That this paragraph shall not apply to wine specialty. the use of the name of any person en- (b) Statement of age. No statement of gaged in business as a producer, blend- age or representation relative to age er, rectifier, importer, wholesaler, re- (including words or devices in any

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brand name or mark) shall be made, ex- by the laws or regulations of a foreign cept (1) for vintage wine, in accordance country. If the municipal, State, or with the provisions of § 4.27; (2) ref- Federal Government permit number is erences relating to methods of wine stated upon a label, it shall not be ac- production involving storage or aging companied by any additional state- in accordance with § 4.38(f); or (3) use of ment relating thereto. the word ‘‘old’’ as part of a brand (2) Bonded and bonded name. winery numbers may be stated but (c) Statement of bottling dates. The only in direct conjunction with the statement of any bottling date shall name and address of the person oper- not be deemed to be a representation ating such wine cellar or winery. relative to age, if such statement ap- Statement of bonded wine cellar or pears in lettering not greater than 8- winery numbers may be made in the point Gothic caps and in the following following form: ‘‘Bonded Wine Cellar form: ‘‘Bottled in ll’’ (inserting the No. ll’’, ‘‘Bonded Winery No. ll’’, year in which the wine was bottled). ‘‘B. W. C. No. ll’’, ‘‘B. W. No. ll’’. (d) Statement of miscellaneous dates. No additional reference thereto shall No date, except as provided in para- be made, nor shall any use be made of graphs (b) and (c) of this section with such statement that may convey the respect to statement of vintage year impression that the wine has been and bottling date, shall be stated on made or matured under Government any label unless in addition thereto supervision or in accordance with Gov- and in direct conjunction therewith in ernment specifications or standards. the same size and kind of printing, (3) If imported wines are covered by a there shall be stated an explanation of certificate of origin and/or a certificate the significance thereof such as ‘‘es- of vintage date issued by a duly au- tablished’’ or ‘‘founded in’’. If any such thorized official of the appropriate for- date refers to the date of establishment eign government, the label, except of any business or brand name, it shall where prohibited by the foreign govern- not be stated, in the case of containers ment, may refer to such certificate or of a capacity of 5 liters or less, in any the fact of such certification, but shall script, type, or printing larger than 2 not be accompanied by any additional millimeters, and shall be stated in di- statements relating thereto. The ref- rect conjunction with the name of the erence to such certificate or certifi- person, company, or brand name to cation shall be substantially in the fol- which it refers if the appropriate TTB lowing form: officer finds that this is necessary in This product accompanied at the time of order to prevent confusion as to the the importation by a certificate issued by person, company, or brand name to the which the establishment date is appli- llllllllllllllllllllllll cable. (e) Simulation of Government stamps. (Name of government) (1) No labels shall be of such design as government indicating that the product is to resemble or simulate a stamp of the llllllllllllllllllllllll United States Government or any State or foreign government. No label, (Class and type as stated on the label) other than stamps authorized or re- and (if label bears a statement of vintage quired by the United States Govern- date) that the wine is of the vintage of ment or any State or foreign govern- llllllllllllllllllllllll ment, shall state or indicate that the (Year of vintage stated on the label) wine contained in the labeled container is produced, blended, bottled, packed, (f) Use of the word ‘‘Importer’’, or simi- or sold under, or in accordance with, lar words. The word Importer, or similar any municipal, State or Federal Gov- words, shall not be stated on labels on ernment authorization, law, or regula- containers of domestic wine except as tion, unless such statement is required part of the bona fide name of a per- or specifically authorized by Federal, mittee for or by whom, or of a retailer State or municipal law or regulation, for whom, such wine is bottled, packed or is required or specifically authorized or distributed: Provided, That in all

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cases where such words are used as part hydrate, protein, and fat content do of such name, there shall be stated on not constitute nutritional claims about the same label the words ‘‘Product of the product. the United States’’, or similar words to (ii) Specific health claim is a type of negative any impression that the prod- health-related statement that, ex- uct is imported, and such negative pressly or by implication, characterizes statement shall appear in the same size the relationship of the wine, alcohol, or and kind of printing as such name. any substance found within the wine, (g) Flags, seals, coats of arms, crests, to a disease or health-related condi- and other insignia. Labels shall not con- tion. Implied specific health claims in- tain, in the brand name or otherwise, clude statements, symbols, vignettes, any statement, design, device, or pic- or other forms of communication that torial representation which the appro- priate TTB officer finds relates to, or is suggest, within the context in which capable of being construed as relating they are presented, that a relationship to, the armed forces of the United exists between wine, alcohol, or any States, or the American flag, or any substance found within the wine, and a emblem, seal, insignia, or decoration disease or health-related condition. associated with such flag or armed (iii) Health-related directional state- forces; nor shall any label contain any ment is a type of health-related state- statement, design, device, or pictorial ment that directs or refers consumers representation of or concerning any to a third party or other source for in- flag, seal, coat of arms, crest or other formation regarding the effects on insignia, likely to mislead the con- health of wine or alcohol consumption. sumer to believe that the product has (2) Rules for labeling—(i) Health-related been endorsed, made, or used by, or statements. In general, labels may not produced for, or under the supervision contain any health-related statement of, or in accordance with the specifica- that is untrue in any particular or tions of the government, organization, tends to create a misleading impres- family, or individual with whom such sion as to the effects on health of alco- flag, seal, coat of arms, crest, or insig- hol consumption. TTB will evaluate nia is associated. such statements on a case-by-case (h) Health-related statements—(1) Defi- basis and may require as part of the nitions. When used in this paragraph health-related statement a disclaimer (h), terms are defined as follows: (i) Health-related statement means any or some other qualifying statement to statement related to health (other dispel any misleading impression con- than the warning statement required veyed by the health-related statement. by § 16.21 of this chapter) and includes (ii) Specific health claims. (A) TTB will statements of a curative or therapeutic consult with the Food and Drug Ad- nature that, expressly or by implica- ministration (FDA), as needed, on the tion, suggest a relationship between use of a specific health claim on a wine the consumption of alcohol, wine, or label. If FDA determines that the use any substance found within the wine, of such a labeling claim is a drug claim and health benefits or effects on that is not in compliance with the re- health. The term includes both specific quirements of the Federal Food, Drug, health claims and general references to and Cosmetic Act, TTB will not ap- alleged health benefits or effects on prove the use of that specific health health associated with the consump- claim on a wine label. tion of alcohol, wine, or any substance (B) TTB will approve the use of a spe- found within the wine, as well as cific health claim on a wine label only health-related directional statements. if the claim is truthful and adequately The term also includes statements and substantiated by scientific or medical claims that imply that a physical or evidence; sufficiently detailed and psychological sensation results from qualified with respect to the categories consuming the wine, as well as state- ments and claims of nutritional value of individuals to whom the claim ap- (e.g., statements of vitamin content). plies; adequately discloses the health Statements concerning caloric, carbo- risks associated with both moderate

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and heavier levels of alcohol consump- name is indicative of the origin of the tion; and outlines the categories of in- wine. dividuals for whom any levels of alco- (3) A name has viticultural signifi- hol consumption may cause health cance when it is the name of a state or risks. This information must appear as county (or the foreign equivalents), part of the specific health claim. when approved as a viticultural area in (iii) Health-related directional state- part 9 of this chapter, or by a foreign ments. A statement that directs con- government, or when found to have sumers to a third party or other source viticultural significance by the appro- for information regarding the effects priate TTB officer. on health of wine or alcohol consump- (j) Product names of geographical sig- tion is presumed misleading unless it— nificance (not mandatory before January (A) Directs consumers in a neutral or 1, 1983). The use of product names with other non-misleading manner to a specific geographical significance is third party or other source for bal- prohibited unless the appropriate TTB anced information regarding the ef- officer finds that because of their long fects on health of wine or alcohol con- usage, such names are recognized by sumption; and consumers as fanciful product names (B)(1) Includes as part of the health- and not representations as to origin. In related directional statement the fol- such cases the product names shall be lowing disclaimer: ‘‘This statement qualified with the word ‘‘brand’’ imme- should not encourage you to drink or diately following the product name, in to increase your alcohol consumption the same size of type, and as con- for health reasons;’’ or spicuous as the product name itself. In (2) Includes as part of the health-re- addition, the label shall bear an appel- lated directional statement some other lation of origin under the provisions of qualifying statement that the appro- § 4.34(b), and, if required by the appro- priate TTB officer finds is sufficient to priate TTB officer, a statement dis- dispel any misleading impression con- claiming the geographical reference as veyed by the health-related directional a representation as to the origin of the statement. wine. (k) Other indications of origin. Other (i) Geographic brand names. (1) Except statements, designs, devices or rep- as provided in subparagraph 2, a brand resentations which indicate or infer an name of viticultural significance may origin other than the true place of ori- not be used unless the wine meets the gin of the wine are prohibited. appellation of origin requirements for (l) Foreign terms. Foreign terms the geographic area named. which: (1) Describe a particular condi- (2) For brand names used in existing tion of the grapes at the time of har- certificates of label approval issued vest (such as ‘‘Auslese,’’ ‘‘Eiswein,’’ prior to July 7, 1986: and ‘‘Trockenbeerenauslese’’); or (2) de- (i) The wine shall meet the appella- note quality under foreign law (such as tion of origin requirements for the geo- ‘‘Qualitatswein’’ and ‘‘Kabinett’’) may graphic area named; or not be used on the labels of American (ii) The wine shall be labeled with an wine. appellation of origin in accordance (m) Use of a , orchard, farm or with § 4.34(b) as to location and size of ranch name. When used in a brand type of either: name, a vineyard, orchard, farm or (A) A county or a viticultural area, if ranch name having geographical or the brand name bears the name of a ge- viticultural significance is subject to ographic area smaller than a state, or; the requirements of §§ 4.33(b) and 4.39(i) (B) A state, county or a viticultural of this part. Additionally, the name of area, if the brand name bears a state a vineyard, orchard, farm or ranch name; or shall not be used on a wine label, un- (iii) The wine shall be labeled with less 95 percent of the wine in the con- some other statement which the appro- tainer was produced from primary priate TTB officer finds to be sufficient winemaking material grown on the to dispel the impression that the geo- named vineyard, orchard, farm or graphic area suggested by the brand ranch.

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(n) Use of a varietal name, type des- proval, as well as appeal procedures, ignation of varietal significance, semi-ge- see part 13 of this chapter. neric name, or geographic distinctive des- [T.D. ATF–66, 45 FR 40546, June 13, 1980, as ignation. Labels that contain in the amended by T.D. ATF–94, 46 FR 55095, Nov. 6, brand name, product name, or distinc- 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986; tive or fanciful name, any varietal T.D. ATF–359, 59 FR 42160, Aug. 17, 1994; T.D. (grape type) designation, type designa- ATF–406, 64 FR 2128, Jan. 13, 1999] tion of varietal significance, semi-ge- neric geographic type designation, or § 4.45 Certificates of origin, identity geographic distinctive designation, are and proper cellar treatment. misleading unless the wine is made in (a) Origin and identity. Imported wine accordance with the standards pre- shall not be released from customs cus- scribed in classes 1, 2, or 3 of § 4.21. Any tody for consumption unless the in- other use of such a designation on voice is accompanied by a certificate of other than a class 1, 2, or 3 wine is pre- origin issued by a duly authorized offi- sumed misleading. cial of the appropriate foreign govern- ment, if the issuance of such certifi- [T.D. 6521, 25 FR 13841, Dec. 29, 1960] cates with respect to such wine has EDITORIAL NOTE: For FEDERAL REGISTER ci- been authorized by the foreign govern- tations affecting § 4.39, see the List of CFR ment concerned, certifying as to the Sections Affected, which appears in the identity of the wine and that the wine Finding Aids section of the printed volume has been produced in compliance with and at www.fdsys.gov. the laws of the respective foreign gov- ernment regulating the production of Subpart E—Requirements for With- such wine for home consumption. drawal of Wine From Customs (b) Certification of proper cellar treat- Custody ment of —(1) General. An importer of wine may be required to § 4.40 Label approval and release. have in his or her possession at the (a) Certificate of label approval. No im- time of release of the wine from cus- ported beverage wine in containers toms custody a certification or may shall be released from U.S. Customs have to comply with other conditions custody for consumption unless there prescribed in § 27.140 of this chapter re- is deposited with the appropriate Cus- garding proper cellar treatment. If im- toms officer at the port of entry the ported wine requires a certification original or a photostatic copy of an ap- under § 27.140, the importer must pro- proved certificate of label approval, vide a copy of that certification to TTB TTB Form 5100.31. as follows: (b) If the original or photostatic copy (i) The importer must attach a copy of TTB Form 5100.31 has been approved, of the certification to the application the brand or lot of imported wine bear- for a certificate of label approval for ing labels identical with those shown the wine in question submitted under thereon may be released from U.S. Cus- § 13.21 of this chapter; or toms custody. (ii) If a certification for the wine in (c) Relabeling. Imported wine in U.S. question was not available when the Customs custody which is not labeled importer submitted the application for in conformity with certificates of label label approval, the importer must sub- approval issued by the appropriate TTB mit a copy of the certification to the officer must be relabeled prior to re- appropriate TTB officer prior to re- lease from customs custody of the first lease under the supervision and direc- shipment of the wine. tion of Customs officers of the port at which the wine is located. (2) Validity of certification. A certifi- cation submitted under paragraph (d) Cross reference. For procedures re- (b)(1) of this section is valid as long as garding the issuance, denial, and rev- the wine is of the same brand and class ocation of certificates of label ap- or type, was made by the same pro- ducer, was subjected to the same cellar

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treatment, and conforms to the state- bottler or packer shows to the satisfac- ments made on the certification. Ac- tion of the appropriate TTB officer cordingly, if the cellar treatment of that the wine to be bottled or packed is the wine changes and a new certifi- not to be sold, offered for sale, or cation under § 27.140 is required, an im- shipped or delivered for shipment, or porter is required to submit a new cer- otherwise introduced in interstate or tification for the wine even though it is foreign commerce. Application for ex- subject to the same label approval. emption shall be made on TTB Form (3) Use of certification. TTB may use 5100.31 in accordance with instructions the information from a certification on the form. If the application is ap- for purposes of verifying the appro- proved, a certificate of exemption will priate class and type designation of the be issued on the same form. wine under the labeling provisions of this part. TTB will make certifications (c) Cross reference. For procedures re- submitted under paragraph (b)(1) of garding the issuance, denial, and rev- this section available to the public on ocation of certificates of label ap- the TTB Internet Web site at proval, and certificates of exemption www.ttb.gov. from label approval, as well as appeal procedures, see part 13 of this chapter. [ T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. TTB–31, 70 FR 49482, Aug. [T.D. ATF–66, 45 FR 40546, June 13, 1980, as 24, 2005] amended by T.D. ATF–94, 46 FR 55095, Nov. 6, 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986; § 4.46 Certificate of nonstandard fill. T.D. ATF–344, 58 FR 40354, July 28, 1993; T.D. A person may import wine in con- ATF–406, 64 FR 2128, Jan. 13, 1999; T.D. ATF– tainers not conforming to the metric 425, 65 FR 11891, Mar. 7, 2000] standards of fill prescribed at § 4.72 if the wine is: § 4.51 Exhibiting certificates to Gov- (a) Accompanied by a statement ernment officials. signed by a duly authorized official of Any bottler or packer holding an the appropriate foreign country, stat- original or duplicate original of a cer- ing that the wine was bottled or tificate of label approval or a certifi- packed before January 1, 1979; cate of exemption shall, upon demand, (b) Being withdrawn from a Customs exhibit such certificate to a duly au- bonded warehouse into which it was en- thorized representative of the United tered before January 1, 1979; or States Government. (c) Exempt from the standard of fill requirements as provided by § 4.70(b)(1) § 4.52 Photoprints. or (2). Photoprints or other reproductions of [T.D. ATF–76, 46 FR 1727, Jan. 7, 1981, as certificates of label approval or certifi- amended by T.D. TTB–91, 76 FR 5477, Feb. 1, cates of exemption are not acceptable, 2011] for the purposes of §§ 4.50 through 4.52, as substitutes for an original or dupli- Subpart F—Requirements for Ap- cate original of a certificate of label proval of Labels of Wine Do- approval, or a certificate of exemption. mestically Bottled or Packed The appropriate TTB officer will, upon the request of the bottler or packer, § 4.50 Certificates of label approval. issue duplicate originals of certificates (a) No person shall bottle or pack of label approval or of certificates of wine, other than wine bottled or exemption if wine under the same packed in U.S. Customs custody, or re- brand is bottled or packed at more move such wine from the plant where than one plant by the same person, and bottled or packed, unless an approved if the necessity for the duplicate origi- certificate of label approval, TTB Form nals is shown and there is listed with 5100.31, is issued by the appropriate the appropriate TTB officer the name TTB officer. and address of the additional bottling (b) Any bottler or packer of wine shall be exempt from the requirements or packing plant where the particular of this section if upon application the label is to be used.

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Subpart G—Advertising of Wine carton, or other wrapper of such con- tainer which constitute a part of the § 4.60 Application. labeling under provisions of §§ 4.30–4.39 No person engaged in the business as of this part. a producer, rectifier, blender, importer, (b) Any editorial or other reading or wholesaler of wine, directly or indi- material (i.e., news release) in any peri- rectly or through an affiliate, shall odical or publication or newspaper for publish or disseminate or cause to be the publication of which no money or published or disseminated by radio or valuable consideration is paid or prom- television broadcast, or in any news- ised, directly or indirectly, by any per- paper, periodical, or any publication, mittee, and which is not written by or by any sign or outdoor advertisement, at the direction of the permittee. or any other printed or graphic matter, [T.D. ATF–180, 49 FR 31672, Aug. 8, 1984, as any advertisement of wine, if such ad- amended by T.D. TTB–91, 76 FR 5477, Feb. 1, vertising is in, or is calculated to in- 2011] duce sale in, interstate or foreign com- merce, or is disseminated by mail, un- § 4.62 Mandatory statements. less such advertisement is in con- (a) Responsible advertiser. The adver- formity with §§ 4.60–4.65 of this part. tisement shall state the name and ad- Provided, that such sections shall not dress of the permittee responsible for apply to outdoor advertising in place its publication or broadcast. Street on September 7, 1984, but shall apply number and name may be omitted in upon replacement, restoration, or ren- the address. ovation of any such advertising; and (b) Class, type, and distinctive designa- provided further, that such sections tion. The advertisement shall contain a shall not apply to a retailer or the pub- conspicuous statement of the class, lisher of any newspaper, periodical, or type, or distinctive designation to other publication, or radio or tele- which the product belongs, cor- vision broadcast, unless such retailer responding with the statement of class, or publisher or radio or television type, or distinctive designation which broadcaster is engaged in business as a is required to appear on the label of the producer, rectifier, blender, importer, product. or wholesaler of wine, directly or indi- (c) Exception. (1) If an advertisement rectly, or through an affiliate. refers to a general wine line or all of [T.D. ATF–180, 49 FR 31672, Aug. 8, 1984] the wine products of one company, whether by the company name or by § 4.61 Definitions. the brand name common to all the As used in §§ 4.60 through 4.65 of this wine in the line, the only mandatory part, the term advertisement includes information necessary is the name and any written or verbal statement, illus- address of the responsible advertiser. tration, or depiction which is in, or cal- This exception does not apply where culated to induce sales in, interstate or only one type of wine is marketed foreign commerce, or is disseminated under the specific brand name adver- by mail, whether it appears in a news- tised. paper, magazine, trade booklet, menu, (2) On consumer specialty items, the wine card, leaflet, circular, mailer, only information necessary is the com- book insert, catalog, promotional ma- pany name or brand name of the prod- terial, sales pamphlet, or any written, uct. printed, graphic, or other matter ac- [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as companying the container, representa- amended by T.D. ATF–180, 49 FR 31672, Aug. tions made on cases, billboard, sign, or 8, 1984] other outdoor display, public transit card, other periodical literature, publi- § 4.63 Legibility of mandatory informa- cation, or in a radio or television tion. broadcast, or in any other media; ex- (a) Statements required under §§ 4.60 cept that such term shall not include: through 4.65 of this part to appear in (a) Any label affixed to any container any written, printed, or graphic adver- of wine, or any individual covering, tisement shall be in lettering or type

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size sufficient to be conspicuous and tions; and if a municipal, State, or Fed- readily legible. eral permit number is stated, the per- (b) In the case of signs, billboards, mit number shall not be accompanied and displays the name and address of by any additional statement relating the permittee responsible for the ad- thereto. vertisement may appear in type size of (7) Any statement of bonded lettering smaller than the other man- winecellar and bonded winery numbers datory information, provided such in- unless stated in direct conjunction formation can be ascertained upon with the name and address of the per- closer examination of the sign or bill- son operating such winery or store- board. room. Statement of bonded winecellar (c) Mandatory information shall be and bonded winery numbers may be so stated as to be clearly a part of the made in the following form: ‘‘Bonded advertisement and shall not be sepa- Winecellar No. ,’’ ‘‘Bonded Winery rated in any manner from the remain- ll der of the advertisement. No. ll,’’ ‘‘B. W. C. No. ll,’’ ‘‘B. W. (d) Mandatory information for two or No. ll.’’ No additional reference more products shall not be stated un- thereto shall be made, nor shall any less clearly separated. use be made of such statement that (e) Mandatory information shall be may convey the impression that the so stated in both the print and audio- wine has been made or matured under visual media that it will be readily ap- Government supervision or in accord- parent to the persons viewing the ad- ance with Government specifications vertisement. or standards. (8) Any statement, design, device, or [T.D. ATF–180, 49 FR 31672, Aug. 8, 1984] representation which relates to alcohol § 4.64 Prohibited practices. content or which tends to create the impression that a wine: (a) Restrictions. The advertisement of wine shall not contain: (i) Contains distilled spirits; or (1) Any statement that is false or un- (ii) Is comparable to a distilled spirit; true in any material particular, or or that, irrespective of falsity, directly, or (iii) Has intoxicating qualities. by ambiguity, omission, or inference, However, if a statement of composition or by the addition of irrelevant, sci- is required to appear as the designation entific or technical matter tends to of a product not defined in these regu- create a misleading impression. lations, such statement of composition (2) Any statement that is disparaging may include a reference to the type of of a competitor’s products. distilled spirits contained therein. Fur- (3) Any statement, design, device, or ther, an approved wine label, which representation which is obscene or in- bears the statement of alcohol content decent. may be depicted in any advertising (4) Any statement, design, device, or media, or an actual show- representation of or relating to anal- ing the approved label bearing the yses, standards, or tests, irrespective of statement of alcoholic content may be falsity, which the appropriate TTB offi- displayed in any advertising media. cer finds to be likely to mislead the consumer. (9) Any word in the brand name or (5) Any statement, design, device, or class and type designation which is the representation of or relating to any name of a distilled spirits product or guarantee, irrespective of falsity, which simulates, imitates, or creates which the appropriate TTB officer finds the impression that the wine so labeled to be likely to mislead the consumer. is, or is similar to, any product cus- Money-back guarantees are not prohib- tomarily made with a distilled spirits ited. base. (6) Any statement that the wine is (b) Statements inconsistent with label- produced, blended, bottled, packed, or ing. (1) Advertisements shall not con- sold under, or in accordance with, any tain any statement concerning a brand municipal, State, or Federal Govern- or lot of wine that is inconsistent with ment authorization, law, or regula- any statement on the labeling thereof.

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(2) Any label depicted on a bottle in (g) Statements indicative of origin. No an advertisement shall be a reproduc- statement, design, device, or represen- tion of an approved label. tation which tends to create the im- (c) Statement of age. No statement of pression that the wine originated in a age or representation relative to age particular place or region, shall appear (including words or devices in any in any advertisement unless the label brand name or mark) shall be made, ex- of the advertised product bears an ap- cept (1) for vintage wine, in accordance pellation of origin, and such appella- with the provisions of § 4.27; (2) ref- tion of origin appears in the advertise- erences in accordance with § 4.38(f); or ment in direct conjunction with the (3) use of the word ‘‘old’’ as part of a class and type designation. brand name. (h) Use of the word ‘‘importer’’ or simi- (d) Statement of bottling dates. The lar words. The word importer or similar statement of any bottling date shall words shall not appear in advertise- not be deemed to be a representation ments of domestic wine except as part relative to age, if such statement ap- of the bona fide name of the permittee pears without undue emphasis in the by or for whom, or of a retailer for following form: ‘‘Bottled in ll’’ (in- whom, such wine is bottled, packed or serting the year in which the wine was distributed: Provided, That in all cases bottled). where such words are used as part of such name, there shall be stated the (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) Health-related statements—(1) Defi- kind of printing there shall be stated nitions. When used in this paragraph (i), an explanation of the significance of terms are defined as follows: such date: Provided, That if any date (i) Health-related statement means any refers to the date of establishment of statement related to health and in- any business, such date shall be stated cludes statements of a curative or without undue emphasis and in direct therapeutic nature that, expressly or conjunction with the name of the per- by implication, suggest a relationship son to whom it refers. between the consumption of alcohol, (f) Flags, seals, coats of arms, crests, wine, or any substance found within and other insignia. No advertisement the wine, and health benefits or effects shall contain any statement, design, on health. The term includes both spe- device, or pictorial representation of or cific health claims and general ref- relating to, or capable of being con- erences to alleged health benefits or ef- strued as relating to, the armed forces fects on health associated with the of the United States, or of the Amer- consumption of alcohol, wine, or any ican flag, or of any emblem, seal, insig- substance found within the wine, as nia, or decoration associated with such well as health-related directional flag or armed forces; nor shall any ad- statements. The term also includes vertisement contain any statement, de- statements and claims that imply that vice, design, or pictorial representation a physical or psychological sensation of or concerning any flag, seal, coat of results from consuming the wine, as arms, crest, or other insignia likely to well as statements and claims of nutri- mislead the consumer to believe that tional value (e.g., statements of vita- the product has been endorsed, made, min content). Statements concerning or used by, or produced for, or under caloric, carbohydrate, protein, and fat the supervision of, or in accordance content do not constitute nutritional with the specifications of the govern- claims about the product. ment, organization, family, or indi- (ii) Specific health claim is a type of vidual with whom such flag, seal, coat health-related statement that, ex- of arms, crests, or insignia is associ- pressly or by implication, characterizes ated. the relationship of the wine, alcohol, or

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any substance found within the wine, anced information regarding the ef- to a disease or health-related condi- fects on health of wine or alcohol con- tion. Implied specific health claims in- sumption; and clude statements, symbols, vignettes, (B)(1) Includes as part of the health- or other forms of communication that related directional statement, and in a suggest, within the context in which manner as prominent as the health-re- they are presented, that a relationship lated directional statement, the fol- exists between wine, alcohol, or any lowing disclaimer: ‘‘This statement substance found within the wine, and a should not encourage you to drink or disease or health-related condition. increase your alcohol consumption for (iii) Health-related directional state- health reasons;’’ or ment is a type of health-related state- (2) Includes as part of the health-re- ment that directs or refers consumers lated directional statement, and in a to a third party or other source for in- manner as prominent as the health-re- formation regarding the effects on lated directional statement, some health of wine or alcohol consumption. other qualifying statement that the ap- (2) Rules for advertising—(i) Health-re- propriate TTB officer finds is sufficient lated statements. In general, advertise- to dispel any misleading impression ments may not contain any health-re- conveyed by the health-related direc- lated statement that is untrue in any tional statement. particular or tends to create a mis- (j) Confusion of brands. Two or more leading impression as to the effects on different brands or lots of wine shall health of alcohol consumption. TTB not be advertised in one advertisement will evaluate such statements on a (or in two or more advertisements in case-by-case basis and may require as one issue of a periodical or newspaper, part of the health-related statement a or in one piece of other written, print- disclaimer or some other qualifying ed, or graphic matter) if the advertise- statement to dispel any misleading im- ment tends to create the impression pression conveyed by the health-re- that representations made as to one lated statement. Such disclaimer or brand or lot apply to the other or oth- other qualifying statement must ap- ers, and if as to such latter the rep- pear as prominent as the health-related resentations contravene any provision statement. of §§ 4.60 through 4.64 or are in any re- (ii) Specific health claims. A specific spect untrue. health claim will not be considered (k) Deceptive advertising techniques. misleading if it is truthful and ade- Subliminal or similar techniques are quately substantiated by scientific or prohibited. ‘‘Subliminal or similar medical evidence; sufficiently detailed techniques,’’ as used in this part, refers and qualified with respect to the cat- to any device or technique that is used egories of individuals to whom the to convey, or attempts to convey, a claim applies; adequately discloses the message to a person by means of im- health risks associated with both mod- ages or sounds of a very brief nature erate and heavier levels of alcohol con- that cannot be perceived at a normal sumption; and outlines the categories level of awareness. of individuals for whom any levels of [T.D. 6521, 25 FR 13843, Dec. 29, 1960, as alcohol consumption may cause health amended by T.D. 6976, 33 FR 15025, Oct. 8, risks. This information must appear as 1968; T.D. ATF–53, 43 FR 37678, Aug. 23, 1978; part of the specific health claim and in T.D. ATF–180, 49 FR 31672, Aug. 8, 1984; TTB a manner as prominent as the specific T.D.–1, 68 FR 10103, Mar. 3, 2003] health claim. (iii) Health-related directional state- § 4.65 Comparative advertising. ments. A statement that directs con- (a) General. Comparative advertising sumers to a third party or other source shall not be disparaging of a competi- for information regarding the effects tor’s product. on health of wine or alcohol consump- (b) Taste tests. (1) Taste test results tion is presumed misleading unless it— may be used in advertisements com- (A) Directs consumers in a neutral or paring competitors’ products unless other non-misleading manner to a they are disparaging, deceptive, or third party or other source for bal- likely to mislead the consumer.

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(2) The taste test procedure used standards of fill (listed in ounces, shall meet scientifically accepted pro- quarts, and gallons) prescribed by regu- cedures. An example of a scientifically lation before that date. accepted procedure is outlined in the Manual on Sensory Testing Methods, [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as ASTM Special Technical Publication amended by T.D. ATF–49, 43 FR 19848, May 9, 434, published by the American Society 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981; T.D. TTB–91, 76 FR 5477, Feb. 1, 2011] for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania § 4.71 Standard wine containers. 19103, ASTM, 1968, Library of Congress Catalog Card Number 68–15545. (a) A standard wine container shall (3) A statement shall appear in the be made, formed and filled to meet the advertisement providing the name and following specifications: address of the testing administrator. (1) Design. It shall be so made and [T.D. ATF–180, 49 FR 31673, Aug. 8, 1984, as formed as not to mislead the pur- amended by T.D. TTB–91, 76 FR 5477, Feb. 1, chaser. Wine containers shall be held 2011] (irrespective of the correctness of the net contents specified on the label) to Subpart H—Standards of Fill for be so made and formed as to mislead Wine the purchaser if the actual capacity is substantially less than the apparent § 4.70 Application. capacity upon visual examination (a) Except as provided in paragraph under ordinary conditions of purchase (b) of this section, no person engaged in or use; and business as a producer, rectifier, blend- (2) Fill. It shall be so filled as to con- er, importer, or wholesaler of wine, di- tain the quantity of wine specified in rectly or indirectly or through an affil- one of the standards of fill prescribed iate, shall sell or ship or deliver for in § 4.72; and sale or shipment, or otherwise intro- (3) Headspace. It shall be made and duce in interstate or foreign com- filled as to have a headspace not in ex- merce, or receive therein, or remove cess of 6 percent of its total capacity from customs custody, any wine unless after closure if the net content of the such wine is bottled or packed in the container is 187 milliliters or more, and standard wine containers herein pre- scribed. a headspace not in excess of 10 percent (b) Sections 4.71 and 4.72 of this part of such capacity in the case of all other do not apply to: containers. (1) Sake; [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as (2) Wine packed in containers of 18 li- amended by T.D. TTB–91, 76 FR 5477, Feb. 1, ters or more; 2011] (3) Imported wine in the original con- tainers in which entered customs cus- § 4.72 Metric standards of fill. tody if the wine was bottled or packed (a) Authorized standards of fill. The before January 1, 1979; or (4) Wine domestically bottled or standards of fill for wine are the fol- packed, either in or out of customs cus- lowing: tody, before October 24, 1943, if the con- 3 liters. 375 milliliters. tainer, or the label on the container, 1.5 liters. 187 milliliters. bears a conspicuous statement of the 1 liter. 100 milliliters. 750 milliliters. 50 milliliters. net contents, and if the actual capacity 500 milliliters. of the container is not substantially less than the apparent capacity upon (b) Sizes larger than 3 liters. Wine may visual examination under ordinary con- be bottled or packed in containers of 4 ditions of purchase or use. liters or larger if the containers are (c) Section 4.72 of this part does not filled and labeled in quantities of even apply to wine domestically bottled or liters (4 liters, 5 liters, 6 liters, etc.). packed, either in or out of customs cus- (c) Tolerances. The tolerances in fill tody, before January 1, 1979, if the wine are the same as are allowed by § 4.37 in was bottled or packed according to the

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respect to statement of net contents on Blaufra¨ nkish (Lemberger, Limberger) labels. Blue Eye Bonarda [T.D. ATF–12, 39 FR 45223, Dec. 31, 1974, as Bountiful amended by T.D. ATF–49, 43 FR 19848, May 9, Brianna 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981; Burdin 4672 T.D. ATF–303, 55 FR 42713, Oct. 23, 1990. Re- Burdin 5201 designated by T.D. ATF–953, 68 FR 39455, Burdin 11042 July 2, 2003] Burgaw Burger Cabernet Diane Subpart I—General Provisions Cabernet Dore´ § 4.80 Exports. Cabernet Pfeffer The regulations in this part shall not apply to wine exported in bond. Calzin Campbell Early (Island Belle) Canada Muscat Subpart J—American Grape Canaiolo (Canaiolo Nero) Variety Names Canaiolo Nero (Canaiolo) Captivator (Carignane) SOURCE: T.D. ATF–370, 61 FR 539, Jan. 8, Carignane (Carignan) 1996, unless otherwise noted. Carlos ` § 4.91 List of approved names. Carmenere Carmine The following grape variety names Carnelian have been approved by the Adminis- Cascade trator for use as type designations for Castel 19–637 American wines. When more than one Catawba name may be used to identify a single Cayuga White Centurion variety of grape, the synonym is shown Chambourcin in parentheses following the grape va- Chancellor riety names. Grape variety names may Charbono appear on labels of wine in upper or in Chardonel lower case, and may be spelled with or without the hyphens or diacritic marks Chasselas dore´ indicated in the following list. Chelois Aglianico Chief Chowan Albarin˜ o (Alvarinho) (Black Malvoisie) Albemarle Clairette blanche Aleatico Clinton (French Colombard) Aligote´ Colobel Alvarelha˜ o Corot noir Alvarinho (Albarin˜ o) Cortese Arneis Corvina Aurore Concord Auxerrois Conquistador Bacchus Couderc noir Baco blanc Counoise Baco noir Cowart Creek Beacon Crimson Cabernet Beclan Cynthiana (Norton) Bellandais Dearing Beta De Chaunac Biancolella Delaware Black Corinth Diamond Black Malvoisie (Cinsaut) Dixie Black Monukka Dolcetto Black Muscat (Muscat Hamburg) Doreen Black Pearl Dornfelder Blanc Du Bois Dulcet

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Durif (Petite Sirah) Kleinberger Dutchess La Crescent Early Burgundy LaCrosse Early Muscat Lagrein Edelweiss Lake Emerald Eden Lambrusco Ehrenfelser Landal Ellen Scott Landot noir Elvira Lenoir Emerald Le´on Millot Erbaluce Lemberger (Blaufra¨ nkish, Limberger) Favorite Limberger (Blaufra¨ nkisch, Lemberger) Feher Szagos Louise Swenson Ferna˜ o Pires Lucie Kuhlmann Fern Munson Madeline Angevine Fiano Magnolia Flame Tokay Magoon Flora Florental Malvasia bianca (Moscato greco) Folle blanche Mammolo Forastera Mare´chal Foch Fredonia Marquette Freedom Marsanne Freisa Mataro (Monastrell, Mourve`dre) French Colombard (Colombard) Melody Frontenac Melon (Melon de Bourgogne) Frontenac gris Melon de Bourgogne (Melon) Fry Fume´ blanc () Meunier (Pinot Meunier) Furmint Mish Gamay noir Mission Garnacha (, Grenache noir) Missouri Riesling Garnacha blanca (Grenache blanc) Monastrell (Mataro, Mourve`dre) Garronet Mondeuse (Refosco) Geneva Red 7 Montefiore Gewu¨ rztraminer Gladwin 113 Moore Early Glennel Morio-Muskat Gold Moscato greco (Malvasia bianca) Golden Isles Mourve`dre (Mataro) Golden Muscat Mourve`dre (Mataro, Monastrell) Graciano Mu¨ ller-Thurgau Grand Noir Mu¨ nch Green Hungarian Muscadelle Grenache (Garnacha, Grenache noir) Muscat blanc (Muscat Canelli) Grenache blanc (Garnacha blanca) Muscat Canelli (Muscat blanc) Grenache noir (Garnacha, Grenache) Muscat du Moulin Grignolino Muscat Hamburg (Black Muscat) Grillo Gros Verdot Muscat Ottonel Gru¨ ner Veltliner Naples Helena Nebbiolo Herbemont Ne´grette Higgins Negrara Horizon Negro Amaro Hunt Nero d’Avola Iona New York Muscat Interlaken Niagara Noah Island Belle (Campbell Early) Noble Ives Noiret James Norton (Cynthiana) Jewell Ontario Joannes Seyve 12–428 Orange Muscat Joannes Seyve 23–416 Kerner Pamlico Kay Gray Pedro Ximenes

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Peloursin Suwannee Petit Bouschet Sylvaner Petit Manseng Symphony Petit Verdot (Shiraz) Petite Sirah (Durif) Swenson Red Peverella Tannat Picpoul (Piquepoul blanc) Tarheel Pinotage Taylor Pinot blanc (Valdepen˜ as) Pinot Grigio () Teroldego Pinot gris (Pinot Grigio) Thomas Pinot Meunier (Meunier) Thompson Seedless (Sultanina) Pinot noir Tinta Madeira Piquepoul blanc (Picpoul) Tinto ca˜ o Prairie Star Tocai Friulano Precoce de Malingre Topsail Pride Touriga Primitivo Traminer Princess Traminette Rayon d’Or (Ugni blanc) Ravat 34 Ravat 51 (Vignoles) Trousseau gris Ravat noir Ugni blanc (Trebbiano) Redgate Valdepen˜ as (Tempranillo) Refosco (Mondeuse) Valdiguie´ Regale Valerien Reliance Valiant Riesling (White Riesling) Valvin Muscat (Rkatziteli) Van Buren Rkatziteli (Rkatsiteli) Veeblanc Roanoke Veltliner Rondinella Ventura Rosette Verdelet Roucaneuf Verdelho Rougeon Vergennes Roussanne Vermentino Vidal blanc Rubired Vignoles (Ravat 51) Ruby Cabernet Villard blanc St. Croix Villard noir St. Laurent Vincent St. Pepin St. Vincent Vivant Sabrevois Welsch Rizling Sagrantino Watergate Saint Macaire Welder Salem White Riesling (Riesling) Salvador Wine King Yuga Sauvignon blanc (Fume´ blanc) Sauvignon gris Zinthiana Scarlet Zweigelt Scheurebe [T.D. ATF–370, 61 FR 539, Jan. 8, 1996, as Se´millon amended by T.D. ATF–417, 64 FR 49388, Sept. Sereksiya 13, 1999; T.D. ATF–433, 65 FR 78096, Dec. 14, Seyval (Seyval blanc) 2000; T.D. ATF–466, 66 FR 49280, Sept. 27, 2001; Seyval blanc (Seyval) T.D. ATF–475, 67 FR 11918, Mar. 18, 2002; T.D. Shiraz (Syrah) ATF–481, 67 FR 56481, Sept. 4, 2002; T.D. TTB– Siegerrebe 95, 76 FR 66628, Oct. 25, 2011] Siegfried Southland § 4.92 Alternative names permitted for Souza˜ o temporary use. Steuben Stover The following alternative names Sugargate shown in the left column may be used Sultanina (Thomspon Seedless) as the type designation for American Summit wine in lieu of the name of the grape

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variety shown in the right column. Al- Grey Riesling—Trousseau gris ternative names listed in the left col- Muscat Frontignan—Muscat blanc umn may only be used for wine bottled Muscat Pantelleria—Muscat of Alexandria prior to the date indicated. Napa Gamay—Valdiquie´ (a) Wines bottled prior to January 1, Pinot Saint George—Ne´grette 1997. Sauvignon vert—Muscadelle Alternative Name/Name (c) Wines bottled prior to January 1, 2006. Baco 1—Baco noir Baco 22A—Baco blanc Alternative Name/Name Bastardo—Trousseau Black Spanish—Lenoir Johannisberg Riesling—Riesling Burdin 7705—Florental Cayuga—Cayuga White (d) Wines bottled prior to October 29, Chancellor noir—Chancellor 2012. Chasselas—Chasselas dore´ Chevrier—Se´millon Alternative Name/Name Chelois noir—Chelois Agwam—Agawam Couderc 71–20—Couderc noir Couderc 299–35—Muscat du Moulin [T.D. ATF–370, 61 FR 539, Jan. 8, 1996, as Foch—Mare´chal Foch amended by T.D. ATF–417, 64 FR 49388, Sept. Franken Riesling—Sylvaner 13, 1999; T.D. TTB–95, 76 FR 66629, Oct. 27, Gutedel—Chasselas dore´ 2011] Ives Seedling—Ives Jacquez—Lenoir § 4.93 Approval of grape variety Joannes Seyve 26–205—Chambourcin names. Landot 244—Landal Landot 4511—Landot noir (a) Any interested person may peti- Millot—Leon Millot tion the Administrator for the ap- Moore’s Diamond—Diamond proval of a grape variety name. The pe- Norton Seedling—Norton tition may be in the form of a letter Pfeffer Cabernet—Cabernet Pfeffer and should provide evidence of the fol- Pineau de la Loire—Chenin blanc lowing— Pinot Chardonnay—Chardonnay Ravat 262—Ravat noir (1) Acceptance of the new grape vari- Rula¨ nder—Pinot gris ety, Seibel 128—Salvador (2) The validity of the name for iden- Seibel 1000—Rosette tifying the grape variety, Seibel 4986—Rayon d’Or (3) That the variety is used or will be Seibel 5279—Aurore used in winemaking, and Seibel 5898—Rougeon Seibel 7053—Chancellor (4) That the variety is grown and Seibel 8357—Colobel used in the United States. Seibel 9110—Verdelet (b) For the approval of names of new Seibel 9549—De Chaunac grape varieties, documentation sub- Seibel 10878—Chelois mitted with the petition to establish Seibel 13053—Cascade the items in paragraph (a) of this sec- Seibel 14596—Bellandais Seyve-Villard 5–276—Seyval tion may include— Seyve-Villard 12–309—Roucaneuf (1) reference to the publication of the Seyve-Villard 12–375—Villard blanc name of the variety in a scientific or Seyve-Villard 18–283—Garronet professional journal of horticulture or Seyve-Villard 18–315—Villard noir a published report by a professional, Seyve-Villard 23–410—Valerien scientific or winegrowers’ organization, Sweetwater—Chasselas dore´ Verdelet blanc—Verdelet (2) reference to a plant patent, if so Vidal 256—Vidal blanc patented, and Virginia Seedling—Norton (3) information pertaining to the Wa¨ lschriesling—Welsch Rizling commercial potential of the variety, —Welsch Rizling such as the acreage planted and its lo- (b) Wines bottled prior to January 1, cation or market studies. 1999. (c) The Administrator will not ap- prove a grape variety name if: Alternative Name/Name (1) The name has previously been Cabernet—Cabernet Sauvignon used for a different grape variety;

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(2) The name contains a term or Subpart Ca—Formulas name found to be misleading under § 4.39; or 5.25 Application. 5.26 Formula requirements. (3) The name of a new grape variety 5.27 Formulas. contains the term ‘‘Riesling.’’ 5.28 Adoption of predecessor’s formulas. (d) For new grape varieties developed in the United States, the Adminis- Subpart D—Labeling Requirements for trator may determine if the use of Distilled Spirits names which contain words of geo- 5.31 General. graphical significance, place names, or 5.32 Mandatory label information. foreign words are misleading under 5.32a Voluntary disclosure of major food al- § 4.39. The Administrator will not ap- lergens. prove the use of a grape variety name 5.32b Petitions for exemption from major found to be misleading. food allergen labeling. (e) The Administrator shall publish 5.33 Additional requirements. the list of approved grape variety 5.34 Brand names. 5.35 Class and type. names at least annually in the FED- 5.36 Name and address. ERAL REGISTER. 5.37 Alcohol content. (Approved by the Office of Management and 5.38 Net contents. Budget under Control Number 1512–0513) 5.39 Presence of neutral spirits and color- ing, flavoring, and blending materials. 5.40 Statements of age and percentage. Subpart K—Use of the Term 5.41 Bottle cartons, booklets and leaflets. ‘‘Organic’’ 5.42 Prohibited practices. § 4.101 Use of the term ‘‘organic.’’ Subpart E—Standards of Fill for Bottled (a) Use of the term ‘‘organic’’ is op- Distilled Spirits tional and is treated as ‘‘additional in- 5.45 Application. formation on labels’’ under § 4.38(f). 5.46 Standard liquor bottles. (b) Any use of the term ‘‘organic’’ on 5.47 Standards of fill (distilled spirits bot- a wine label or in advertising of wine tled before January 1, 1980). must comply with the United States 5.47a Metric standards of fill (distilled spir- Department of Agriculture’s (USDA) its bottled after December 31, 1979). National Organic Program rules (7 CFR Subpart F—Requirements for Withdrawal part 205) as interpreted by the USDA. From Customs Custody of Bottled Im- (c) This section applies to labels and ported Distilled Spirits advertising that use the term ‘‘or- ganic’’ on and after October 21, 2002. 5.51 Label approval and release. 5.52 Certificates of age and origin. [T.D. ATF–483, 67 FR 62858, Oct. 8, 2002] 5.53 Certificate of nonstandard fill. PART 5—LABELING AND Subpart G—Requirements for Approval of ADVERTISING OF DISTILLED SPIRITS Labels of Domestically Bottled Distilled Spirits Subpart A—Scope 5.55 Certificates of label approval. Sec. 5.56 Certificates of age and origin. 5.1 General. 5.2 Related regulations. Subpart H—Advertising of Distilled Spirits 5.3 Forms prescribed. 5.61 Application. 5.4 Delegations of the Administrator. 5.62 Definition. 5.63 Mandatory statements. Subpart B—Definitions 5.64 Legibility of mandatory information. 5.11 Meaning of terms. 5.65 Prohibited practices. 5.66 Comparative advertising. Subpart C—Standards of Identity for Distilled Spirits Subpart I—Use of the Term ‘‘Organic.’’ 5.71 Use of the term ‘‘organic.’’ 5.21 Application of standards. 5.22 The standards of identity. AUTHORITY: 26 U.S.C. 5301, 7805, 27 U.S.C. 5.23 Alteration of class and type. 205.

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