13 Part 4—Labeling and Advertising of Wine

Bureau of Alcohol, Tobacco and Firearms, Treasury Pt. 4

SALES OF DISTILLED SPIRITS FOR 4.46 Certificate of nonstandard fill. INDUSTRIAL USE Subpart F—Requirements for Approval of § 1.95 General. Labels of Wine Domestically Bottled or Distillers, rectifiers, and other per- Packed mittees engaged in the sale or other 4.50 Certificates of label approval. disposition of distilled spirits for non- 4.51 Exhibiting certificates to Government industrial use shall not sell or other- officials. wise dispose of distilled spirits in bulk 4.52 Photoprints. (other than alcohol) for industrial use, unless such distilled spirits are shipped Subpart G—Advertising of Wine or delivered directly to the industrial 4.60 Application. user thereof. 4.61 Definitions. 4.62 Mandatory statements. PART 4—LABELING AND 4.63 Legibility of mandatory information. 4.64 Prohibited practices. ADVERTISING OF WINE 4.65 Comparative advertising.

Subpart A—Scope Subpart H—Standards of Fill for Wine Sec. 4.70 Application. 4.1 General. 4.71 Standard wine containers. 4.2 Territorial extent. 4.72 Standards of fill. 4.3 Forms prescribed. 4.73 Metric standards of fill. 4.4 Delegations of the Director. Subpart I—General Provisions Subpart B—Definitions 4.80 Exports. 4.10 Meaning of terms. Subpart J—American Grape Variety Subpart C—Standards of Identity for Wine Names 4.20 Application of standards. 4.91 List of approved prime names. 4.21 The standards of identity. 4.92 Alternative names permitted for tem- 4.22 Blends, cellar treatment, alteration of porary use. class or type. 4.23 Varietal (grape type) labeling. 4.93 Approval of grape variety names. 4.24 Generic, semi-generic, and non-generic AUTHORITY: 27 U.S.C. 205, unless otherwise designations of geographic significance. noted. 4.25 Appellations of origin. 4.25a Appellations of origin. SOURCE: T.D. 6521, 25 FR 13835, Dec. 29, 1960, 4.26 Estate bottled. unless otherwise noted. 4.27 Vintage wine. EDITORIAL NOTE: Nomenclature changes to 4.28 Type designations of varietal signifi- part 4 appear by T.D. ATF–425, 65 FR 11890, cance. Mar. 7, 2000. CROSS REFERENCES: Other regulations re- Subpart D—Labeling Requirements for lating to this part are as follows: Wine 27 CFR Part 1—Basic Permit Requirements 4.30 General. Under the Federal Alcohol Administration 4.32 Mandatory label information. Act. 4.33 Brand names. 27 CFR Part 5—Labeling and Advertising of 4.34 Class and type. Distilled Spirits. 4.35 Name and address. 27 CFR Part 7—Labeling and Advertising of 4.35a Name and address. Malt Beverages. 4.36 Alcoholic content. 27 CFR Part 9—American Viticultural Areas. 4.37 Net contents. 27 CFR Part 12—Foreign Nongeneric Names 4.38 General requirements. of Geographic Significance Used in the 4.38a Bottle cartons, booklets and leaflets. Designation of Wines. 4.39 Prohibited practices. 27 CFR Part 16—Alcoholic Beverage Health Warning Statement. Subpart E—Requirements for Withdrawal of 27 CFR Part 26—Liquors and Articles from Wine From Customs Custody Puerto Rico and the Virgin Islands. 27 CFR Part 71—Rules of Practice in Permit 4.40 Label approval and release. Proceedings. 4.45 Certificates of origin and identity. 27 CFR Part 240—Wine.

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27 CFR Part 251—Importation of Distilled Subpart B—Definitions Spirits, Wines and Beer. 27 CFR Part 252—Exportation of Liquors. § 4.10 Meaning of terms. As used in this part, unless the con- Subpart A—Scope text otherwise requires, terms shall have the meaning ascribed in this part. § 4.1 General. Act. The Federal Alcohol Administra- The regulations in this part relate to tion Act. the labeling and advertising of wine. Added brandy. Brandy or wine spirits for use in fortification of wine as per- § 4.2 Territorial extent. mitted by internal revenue law. Advertisement. See § 4.61 for meaning This part applies to the several of term as used in subpart G of this States of the United States, the Dis- part. trict of Columbia, and Puerto Rico. Alcohol. Ethyl alcohol distilled at or above 190° proof. § 4.3 Forms prescribed. American. The several States, the (a) The appropriate ATF officer is au- District of Columbia, and Puerto Rico; thorized to prescribe all forms required ‘‘State’’ includes the District of Colum- by this part. All of the information bia and Puerto Rico. called for in each form shall be fur- Appropriate ATF officer. An officer or nished as indicated by the headings on employee of the Bureau of Alcohol, To- the form and the instructions on or bacco and Firearms (ATF) authorized pertaining to the form. In addition, in- to perform any functions relating to formation called for in each form shall the administration or enforcement of be furnished as required by this part. this part by ATF Order 1130.2A, Delega- The form will be filed in accordance tion Order—Delegation of the Direc- with the instructions for the form. tor’s Authorities in 27 CFR part 4, 5 and 7, Labeling and Advertising of (b) Forms may be requested from the Wine, Distilled Spirits and Malt Bev- ATF Distribution Center, PO Box 5950, erages. Springfield, Virginia 22153–5190, or by Bottler. Any person who places wine accessing the ATF web site (http:// in containers of four liters or less. (See www.atf.treas.gov/). meaning for ‘‘containers’’ and ‘‘pack- [T.D. ATF–92, 46 FR 46911, Sept. 23, 1981, as er’’.) amended by T.D. ATF–249, 52 FR 5955, Feb. Brand label. The label carrying, in 27, 1987; T.D. 372, 61 FR 20723, May 8, 1996; the usual distinctive design, the brand T.D. ATF–425, 65 FR 11890, Mar. 7, 2000] name of the wine. Container. Any bottle, barrel, cask, or § 4.4 Delegations of the Director. other closed receptacle irrespective of Most of the regulatory authorities of size or of the material from which the Director contained in this Part 4 made for use for the sale of wine at re- are delegated to appropriate ATF offi- tail. (See meaning for ‘‘bottler’’ and ‘‘packer’’.) cers. These ATF officers are specified Director. The Director, Bureau of Al- in ATF Order 1130.2A, Delegation cohol, Tobacco and Firearms, the De- Order—Delegation of the Director’s Au- partment of the Treasury, Washington, thorities in 27 CFR parts 4, 5 and 7, La- DC. beling and Advertising of Wine, Dis- Gallon. A U.S. gallon of 231 cubic tilled Spirits and Malt Beverages. ATF inches of alcoholic beverages at 60 °F. delegation orders, such as ATF Order Interstate or foreign commerce. Com- 1130.2A, are available to any interested merce between any State and any place person by mailing a request to the ATF outside thereof, or commerce within Distribution Center, PO Box 5950, any Territory or the District of Colum- Springfield, Virginia 22150–5190, or by bia, or between points within the same accessing the ATF web site (http:// State but through any place outside www.atf.treas.gov/). thereof. Liter or litre. (a) A metric unit of ca- [T.D. ATF–425, 65 FR 11890, Mar. 7, 2000] pacity equal to 1,000 cubic centimeters

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and equivalent to 33.814 U.S. fluid fined, but made in the manner of wine, ounces. For purposes of this part, a including sparkling and carbonated liter is subdivided into 1,000 milliliters wine, wine made from condensed grape (ml). must, wine made from other agricul- (b) For purposes of regulation, one tural products than the juice of sound, liter of wine is defined as that quantity ripe grapes, initation wine, compounds (mass) of wine occupying a one-liter sold as wine, vermouth, cider, perry, volume at 20 °Celsius (68 °F). and sake; in each instance only if con- Packer. Any person who places wine taining not less than 7 percent, and not in containers in excess of four liters. more than 24 percent of alcohol by vol- (See meaning for ‘‘container’’ and ume, and if for nonindustrial use. ‘‘bottler’’.) [T.D. ATF–48, 43 FR 13532, Mar. 31, 1978, as Percent or percentage. Percent by vol- amended by T.D. ATF–49, 43 FR 19848, May 9, ume. 1978; T.D. ATF–53, 43 FR 37675, Aug. 23, 1978; Permittee. Any person holding a basic 44 FR 55838, Sept. 29, 1979; T.D. ATF–66, 45 FR permit under the Federal Alcohol Ad- 40544, June 13, 1980; T.D. ATF–94, 46 FR 55095, ministration Act. Nov. 6, 1981; T.D. ATF–299, 55 FR 24988, June Person. Any individual, partnership, 19, 1990; T.D. ATF–425, 65 FR 11891, Mar. 7, joint-stock company, business trust, 2000] association, corporation, or other form of business enterprise, including a re- Subpart C—Standards of Identity ceiver, trustee, or liquidating agent, for Wine and including an officer or employee of any agency of a State or political sub- § 4.20 Application of standards. division thereof. The standards of identity for the sev- Pure condensed must. The dehydrated eral classes and types of wine set forth juice or must of sound, ripe grapes, or herein shall be applicable to all regula- other fruit or agricultual products, tions and permits issued under the act. concentrated to not more than 80° Whenever any term for which a stand- (Balling), the composition thereof re- ard of identity has been established maining unaltered except for removal herein is used in any such regulation or of water. permit, such term shall have the mean- Restored pure condensed must. Pure ing assigned to it by such standard of condensed must to which has been identity. added an amount of water not exceed- ing the amount removed in the dehy- § 4.21 The standards of identity. dration process. Standards of identity for the several Sugar. Pure cane, beet, or dextrose classes and types of wine set forth in sugar in dry for containing, respec- this part shall be as follows: tively, not less than 95 percent of ac- (a) Class 1; grape wine—(1) Grape wine tual sugar calculated on a dry basis. is wine produced by the normal alco- Total solids. The degrees Brix of the holic fermentation of the juice of dealcoholized wine restored to its sound, ripe grapes (including restored original volume. or unrestored pure condensed grape Trade buyer. Any person who is a must), with or without the addition, wholesaler or retailer. after fermentation, of pure condensed United States. The several States, the grape must, and with or without added District of Columbia, and Puerto Rico; grape brandy or alcohol, but without the term ‘‘State’’ includes the District other addition or abstraction except as of Columbia and Puerto Rico. may occur in cellar treatment: Pro- Use of other terms. Any other term de- vided, That the product may be amelio- fined in the Federal Alcohol Adminis- rated before, during or after fermenta- tration Act and used in this part shall tion by either of the following meth- have the same meaning assigned to it ods: by the Act. (i) By adding, separately or in com- Wine. (a) Wine as defined in section bination, dry sugar, or such an amount 610 and section 617 of the Revenue Act of sugar and water solution as will not of 1918 (26 U.S.C. 3036, 3044, 3045) and (b) increase the volume of the resulting other alcoholic beverages not so de- product more than 35 percent; but in no

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event shall any product so ameliorated ‘‘muscatel,’’ or ‘‘port’’ respectively. have an alcoholic content derived by Dessert wines having the taste, aroma, fermentation, of more than 13 percent and characteristics generally attrib- by volume, or a natural acid content, if uted to any of the above products and water has been added, of less than 5 an alcoholic content, derived in part parts per thousand, or a total solids from added grape brandy or alcohol, in content of more than 22 grams per 100 excess of 14 percent by volume but, in cubic centimeters. the case of sherry, less than 17 percent, (ii) By adding, separately or in com- or, in other cases, less than 18 percent bination, not more than 20 percent by by volume, may be designated as ‘‘light weight of dry sugar, or not more than sherry,’’ ‘‘light angelica,’’ ‘‘light ma- 10 percent by weight of water. deira,’’ ‘‘light muscatel’’ or ‘‘light (iii) In the case of domestic wine, in port,’’ respectively. accordance with 26 U.S.C. 5383. (b) Class 2; sparkling grape wine. (1) (iv) The maximum volatile acidity, Sparkling grape wine (including ‘‘spar- calculated as acetic acid and exclusive kling wine,’’ ‘‘sparkling red wine’’ and of sulfur dioxide is 0.14 gram per 100 ‘‘sparkling white wine’’) is grape wine mL (20 °C) for natural red wine and 0.12 made effervescent with carbon dioxide gram per 100 mL (20 °C) for other grape resulting solely from the fermentation wine: Provided, That the maximum of the wine within a closed container, volatile acidity for wine produced from tank or bottle. unameliorated juice of 28 or more de- (2) Champagne is a type of sparkling grees Brix is 0.17 gram per 100 milli- light wine which derives its effer- liters for red wine and 0.15 gram per 100 vescence solely from the secondary fer- milliliters for white wine. Grape wine mentation of the wine within glass deriving its characteristic color or lack containers of not greater than one gal- of color from the presence or absence of lon capacity, and which possesses the the red coloring matter of the skins, taste, aroma, and other characteristics juice, or pulp of grapes may be des- attributed to champagne as made in ignated as ‘‘red wine,’’ ‘‘pink (or rose) the champagne district of France. wine,’’ ‘‘amber wine,’’ or ‘‘white wine’’ (3)(i) A sparkling light wine having as the case may be. Any grape wine the taste, aroma, and characteristics containing no added grape brandy or generally attributed to champagne but alcohol may be further designated as not otherwise conforming to the stand- ‘‘natural.’’ ard for ‘‘champagne’’ may, in addition (2) Table wine is grape wine having an to but not in lieu of the class designa- alcoholic content not in excess of 14 tion ‘‘sparkling wine,’’ be further des- percent by volume. Such wine may also ignated as: be designated as ‘‘light wine,’’ ‘‘red (A) ‘‘Champagne style;’’ or table wine,’’ ‘‘light white wine,’’ (B) ‘‘Champagne type;’’ or ‘‘sweet table wine,’’ etc., as the case (C) ‘‘American (or New York State, may be. Napa Valley, etc.) champagne,’’ along (3) Dessert wine is grape wine having with one of the following terms: ‘‘Bulk an alcoholic content in excess of 14 per- process,’’ ‘‘fermented outside the bot- cent but not in excess of 24 percent by tle,’’ ‘‘secondary fermentation outside volume. Dessert wine having the taste, the bottle,’’ ‘‘secondary fermentation aroma and characteristics generally at- before bottling,’’ ‘‘not fermented in the tributed to sherry and an alcoholic bottle,’’ or ‘‘not bottle fermented.’’ The content, derived in part from added term ‘‘charmat method’’ or ‘‘charmat grape brandy or alcohol, of not less process’’ may be used as additional in- than 17 percent by volume, may be des- formation. ignated as ‘‘sherry’’. Dessert wines (ii) Labels shall be so designed that having the taste, aroma and character- all the words in such further designa- istics generally attributed to angelica, tion are readily legible under ordinary madeira, muscatel and port and an al- conditions and are on a contrasting coholic content, derived in part from background. In the case of paragraph added grape brandy or alcohol, of not (b)(3)(i)(C) of this section, ATF will less than 18 percent by volume, may be consider whether the label as a whole designated as ‘‘angelica,’’ ‘‘madeira,’’ provides the consumer with adequate

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information about the method of pro- after fermentation, of pure condensed duction and origin of the wine. ATF citrus must, and with or without added will evaluate each label for legibility citrus brandy or alcohol, but without and clarity, based on such factors as any other addition or abstraction ex- type size and style for all components cept as may occur in cellar treatment: of the further designation and the op- Provided, That a domestic product may tional term ‘‘charmat method’’ or be ameliorated or sweetened in accord- ‘‘charmat process,’’ as well as the con- ance with the provisions of 26 U.S.C. trast between the lettering and its 5384 and any product other than domes- background, and the placement of in- tic may be ameliorated before, during, formation on the label. or after fermentation by adding, sepa- (iii) Notwithstanding the provisions rately or in combination, dry sugar, or of paragraphs (b)(3)(i)(A), (B) and (C) of such an amount of sugar and water so- this section, the appropriate ATF offi- lution as will not increase the volume cer may authorize the use of a term on of the resulting product more than 35 sparkling wine labels, as an alternative percent, or in the case of products pro- to those terms authorized in paragraph duced from citrus fruit having a nor- (b)(3)(i) of this section, but not in lieu mal acidity of 20 parts or more per of the required class designation thousand, not more than 60 percent, ‘‘sparkling wine,’’ upon a finding that but in no event shall any product so such term adequately informs the con- ameliorated have an alcoholic content, sumer about the method of production derived by fermentation, of more than of the sparkling wine. 14 percent by volume, or a natural acid (4) Crackling wine, petillant wine, content, if water has been added, of frizzante wine (including cremant, less than 5 parts per thousand, or a perlant, reciotto, and other similar total solids content or more than 22 wine) is sparkling light wine normally grams per 100 cubic centimeters. less effervescent than champagne or (ii) The maximum volatile acidity, other similar sparkling wine, but con- calculated as acetic acid and exclusive taining sufficient carbon dioxide in so- of sulfur dioxide, shall not be, for nat- lution to produce, upon pouring under ural citrus wine, more than 0.14 gram, normal conditions, after the disappear- and for other citrus wine, more than ance of air bubbles, a slow and steady 0.12 gram, per 100 milliliters (20 °C.). effervescence evidenced by the forma- (iii) Any citrus wine containing no tion of gas bubbles flowing through the added brandy or alcohol may be further wine. Crackling wine which derives its designated as ‘‘natural.’’ effervescence from secondary fer- (2) Citrus table wine or citrus fruit table mentation in containers greater than wine is citrus wine having an alcoholic 1-gallon capacity shall be designated content not in excess of 14 percent by ‘‘crackling wine—bulk process,’’ and volume. Such wine may also be des- the words ‘‘bulk process’’ shall appear ignated ‘‘light citrus wine,’’ ‘‘light cit- in lettering of substantially the same rus fruit wine,’’ ‘‘light sweet citrus size as the words ‘‘crackling wine.’’ fruit wine,’’ etc., as the case may be. (c) Class 3; carbonated grape wine. (3) Citrus dessert wine or citrus fruit ‘‘Carbonated grape wine’’ (including dessert wine is citrus wine having an al- ‘‘carbonated wine,’’ ‘‘carbonated red coholic content in excess of 14 percent wine,’’ and ‘‘carbonated white wine’’) is but not in excess of 24 percent by vol- grape wine made effervescent with car- ume. bon dioxide other than that resulting (4) Citrus wine derived wholly (except solely from the secondary fermentation for sugar, water, or added alcohol) from of the wine within a closed container, one kind of citrus fruit, shall be des- tank or bottle. ignated by the word ‘‘wine’’ qualified (d) Class 4; citrus wine. (1)(i) Citrus by the name of such citrus fruit, e.g., wine or citrus fruit wine is wine pro- ‘‘orange wine,’’ ‘‘grapefruit wine.’’ Cit- duced by the normal alcoholic fer- rus wine not derived wholly from one mentation of the juice of sound, ripe kind of citrus fruit shall be designated citrus fruit (including restored or as ‘‘citrus wine’’ or ‘‘citrus fruit wine’’ unrestored pure condensed citrus qualified by a truthful and adequate must), with or without the addition, statement of composition appearing in

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direct conjunction therewith. Citrus cent by volume. Such wine may also be wine rendered effervescent by carbon designated ‘‘light fruit wine,’’ or ‘‘light dioxide resulting solely from the sec- berry wine.’’ ondary fermentation of the wine within (4) Fruit dessert wine or berry dessert a closed container, tank, or bottle shall wine is fruit or berry wine having an be further designated as ‘‘sparkling’’; alcoholic content in excess of 14 per- and citrus wine rendered effervescent cent but not in excess of 24 percent by by carbon dioxide otherwise derived volume. shall be further designated as ‘‘carbon- (5) Fruit wine derived wholly (except ated.’’ for sugar, water, or added alcohol) from (e) Class 5; fruit wine. (1)(i) Fruit wine one kind of fruit shall be designated by is wine (other than grape wine or citrus the word ‘‘wine’’ qualified by the name wine) produced by the normal alcoholic of such fruit, e.g., ‘‘peach wine,’’ fermentation of the juice of sound, ripe ‘‘blackberry wine.’’ Fruit wine not de- fruit (including restored or unrestored rived wholly from one kind of fruit pure condensed fruit must), with or shall be designated as ‘‘fruit wine’’ or without the addition, after fermenta- ‘‘berry wine,’’ as the case may be, tion, of pure condensed fruit must, and qualified by a truthful and adequate with or without added fruit brandy or statement of composition appearing in alcohol, but without other addition or direct conjunction therewith. Fruit abstraction except as may occur in cel- wines which are derived wholly (except lar treatment: Provided, That a domes- for sugar, water, or added alcohol) from tic product may be ameliorated or apples or pears may be designated sweetened in accordance with the pro- ‘‘cider’’ and ‘‘perry,’’ respectively, and visions of 26 U.S.C. 5384 and any product 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 than grapes, having a normal acidity of effervescent by carbon dioxide other- 20 parts or more per thousand, not wise derived shall be further designated more than 60 percent, and in the case as ‘‘carbonated.’’ of other fruit wines, not more than (f) Class 6; wine from other agricultural 35%, but in no event shall any product products. (1)(i) Wine of this class is so ameliorated have an alcoholic con- wine (other than grape wine, citrus tent, derived by fermentation, of more wine, or fruit wine) made by the nor- than 14 percent by volume, or a natural mal alcoholic fermentation of sound acid content, if water has been added, fermentable agricultural products, ei- of less than 5 parts per thousand, or a ther fresh or dried, or of the restored or total solids content of more than 22 unrestored pure condensed must there- grams per 100 cubic centimeters. of, with the addition before or during (ii) The maximum volatile acidity, fermentation of a volume of water not calculated as acetic acid and exclusive greater than the minimum necessary of sulfur dioxide, shall not be, for nat- to correct natural moisture defi- ural fruit wine, more than 0.14 gram, ciencies in such products, with or with- and for other fruit wine, more than 0.12 out the addition, after fermentation, of gram, per 100 milliliters (20 °C.). pure condensed must, and with or with- (iii) Any fruit wine containing no out added alcohol or such other spirits added brandy or alcohol may be further as will not alter the character of the designated as ‘‘natural.’’ product, but without other addition or (2) Berry wine is fruit wine produced abstraction except as may occur in cel- from berries. lar treatment: Provided, That a domes- (3) Fruit table wine or berry table wine tic product may be ameliorated or is fruit or berry wine having an alco- sweetened in accordance with part 24, holic content not in excess of 14 per- of this chapter, and any product other

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than domestic may be ameliorated be- this class rendered effervescent by car- fore, during, or after fermentation by bon dioxide otherwise derived shall be adding, separately or in combination, further designated as ‘‘carbonated.’’ dry sugar or such an amount of sugar (g) Class 7; aperitif wine. (1) Aperitif and water solution as will not increase wine is wine having an alcoholic con- the volume of the resulting product tent of not less than 15 percent by vol- more than 35 percent, but in no event ume, compounded from grape wine con- shall any product so ameliorated have taining added brandy or alcohol, fla- an alcoholic content, derived by fer- vored with herbs and other natural aro- mentation of more than 13 percent by matic flavoring materials, with or volume, or a natural acid content, if without the addition of caramel for water has been added, of less than 5 coloring purposes, and possessing the parts per thousand, or a total solids taste, aroma, and characteristics gen- content of more than 22 grams per 100 erally attributed to aperitif wine and cubic centimeters. shall be so designated unless des- (ii) The maximum volatile acidity, ignated as ‘‘vermouth’’ under para- calculated as acetic acid and exclusive graph (g)(2) of this section. of sulfur dioxide, shall not be, for nat- (2) Vermouth is a type of aperitif wine ural wine of this class, more than 0.14 compounded from grape wine, having gram, and for other wine of this class, the taste, aroma, and characteristics more than 0.12 gram, per 100 milliliters generally attributed to vermouth, and (20 °C.). shall be so designated. (iii) Wine of this class containing no (h) Class 8; imitation and substandard added alcohol or other spirits may be or other than standard wine. (1) ‘‘Imita- further designated as ‘‘natural’’. tion wine’’ shall bear as a part of its (2) Table wine of this class is wine designation the word ‘‘imitation,’’ and having an alcoholic content not in ex- shall include: cess of 14 percent by volume. Such wine (i) Any wine containing synthetic may also be designated as ‘‘light’’. materials. (3) Dessert wine of this class is wine (ii) Any wine made from a mixture of having an alcoholic content in excess water with residue remaining after of 14 percent but not in excess of 24 per- thorough pressing of grapes, fruit, or cent by volume. other agricultural products. (4) Raisin wine is wine of this class (iii) Any class or type of wine the made from dried grapes. taste, aroma, color, or other character- (5) Sake is wine of this class produced istics of which have been acquired in from rice in accordance with the com- whole or in part, by treatment with monly accepted method of manufac- methods or materials of any kind (ex- ture of such product. cept as permitted in § 4.22(c)(6)), if the (6) Wine of this class derived wholly taste, aroma, color, or other character- (except for sugar, water, or added alco- istics of normal wines of such class or hol) from one kind of agricultural type are acquired without such treat- product shall except in the case of ment. ‘‘sake,’’ be designated by the word (iv) Any wine made from must con- ‘‘wine’’ qualified by the name of such centrated at any time to more than 80° agricultural product, e.g., ‘‘honey (Balling). wine,’’ ‘‘raisin wine,’’ ‘‘dried black- (2) ‘‘Substandard wine’’ or ‘‘other berry wine.’’ Wine of this class not de- than standard wine’’ shall bear as a rived wholly from one kind of agricul- part of its designation the word ‘‘sub- tural product shall be designated as standard,’’ and shall include: ‘‘wine’’ qualified by a truthful and ade- (i) Any wine having a volatile acidity quate statement of composition ap- in excess of the maximum prescribed pearing in direct conjunction there- therefor in §§ 4.20 to 4.25. with. Wine of this class rendered effer- (ii) Any wine for which no maximum vescent by carbon dioxide resulting volatile acidity is prescribed in §§ 4.20 solely from the secondary fermentation to 4.25, inclusive, having a volatile of wine within a closed container, acidity, calculated as acetic acid and tank, or bottle shall be further des- exclusive of sulfur dioxide, in excess of ignated as ‘‘sparkling’’; and wine of 0.14 gram per 100 milliliters (20 °C.).

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(iii) Any wine for which a standard of That the presence in finished wine of identity is prescribed in this §§ 4.20 to not more than 350 parts per million of 4.25, inclusive, which, through disease, total sulfur dioxide, or sulphites ex- decomposition, or otherwise, fails to pressed as sulfur dioxide, shall not be have the composition, color, and clean precluded under this paragraph. vinous taste and aroma of normal (2) Treatment of any class or type of wines conforming to such standard. wine with substances not foreign to (iv) Any ‘‘grape wine’’ ‘‘citrus wine,’’ such wine but which remain therein in ‘‘fruit wine,’’ or ‘‘wine from other agri- larger quantities than are naturally cultural products’’ to which has been and normally present in other wines of added sugar and water solution in an the same class or type not so treated. amount which is in excess of the limi- tations prescribed in the standards of (3) Treatment of any class or type of identity for these products, unless, in wine with methods or materials of any the case of ‘‘citrus wine,’’ ‘‘fruit wine’’ kind to such an extent or in such man- and ‘‘wine from other agricultural ner as to affect the basic composition products’’ the normal acidity of the of the wine so treated by altering any material from which such wine is proof its characteristic elements. duced is 20 parts or more per thousand (4) Blending of wine of one class with and the volume of the resulting prod- wine of another class or the blending of uct has not been increased more than wines of different types within the 60 percent by such addition. same class. (i) Class 9; retsina wine. ‘‘Retsina (5) Treatment of any class or type of wine’’ is grape table wine fermented or wine for which a standard of identity is flavored with resin. prescribed in this article with sugar or CROSS REFERENCE: For regulations relating water in excess of the quantities spe- to the use of spirits in wine, see part 24 of cifically authorized by such standard: this chapter. Provided, That the class or type thereof [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as shall not be deemed to be altered where amended by T.D. 6776, 29 FR 16985, Dec. 11, such wine (other than grape wine) is 1964; T.D. 7185, 37 FR 7975, Apr. 22, 1972; T.D. derived from fruit, or other agricul- ATF–48, 44 FR 55839, Sept. 28, 1979; T.D. ATF– tural products, having a high normal 299, 55 FR 24988, June 19, 1990; T.D. ATF–312, acidity, if the total solids content is 56 FR 31076, July 9, 1991; T.D. ATF–335, 58 FR 5615, Jan. 22, 1993; T.D. ATF–355, 59 FR 14553, not more than 22 grams per 100 cubic Mar. 29, 1994; T.D. 372, 61 FR 20723, May 8, centimeters, and the content of natural 1996; T.D. ATF–398, 63 FR 44782, Aug. 21, 1998; acid is not less than 7.5 parts per thou- T.D. ATF–403, 64 FR 50252, Sept. 16, 1999; T.D. sand and where such wine is derived ex- ATF–458, 66 FR 37578, July 19, 2001; T.D. clusively from fruit, or other agricul- ATF–470, 66 FR 58944, Nov. 26, 2001] tural products, the normal acidity of § 4.22 Blends, cellar treatment, alter- which is 20 parts or more per thousand, ation of class or type. if the volume of the resulting product has been increased not more than 60 (a) If the class or type of any wine percent by the addition of sugar and shall be altered, and if the product as so altered does not fall within any water solution, for the sole purpose of other class or type either specified in correcting natural deficiencies due to §§ 4.20 through 4.25 or known to the such acidity, and (except in the case of trade, then such wine shall, unless oth- such wine when produced from fruit or erwise specified in this section, be des- berries other than grapes) there is stat- ignated with a truthful and adequate ed as part of the class and type des- statement of composition in accord- ignation the phrase ‘‘Made with over 35 ance with § 4.34. percent sugar solution.’’ (b) Alteration of class or type shall (c) Nothing in this section shall pre- be deemed to result from any of the fol- clude the treatment of wine of any lowing occurring before, during, or class or type in the manner hereinafter after production. specified, provided such treatment does (1) Treatment of any class or type of not result in the alteration of the class wine with substances foreign to such or type of the wine under the provi- wine which remain therein: Provided, sions of paragraph (b) of this section.

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(1) Treatment with filtering equip- wine is also labeled with an appellation ment, and with fining or sterilizing of origin as defined in § 4.25a. agents. (b) One variety. Except as provided in (2) Treatment with pasteurization as paragraph (c) of this section, the name necessary to perfect the wines to com- of a single grape variety may be used mercial standards in accordance with as the type designation if not less than acceptable cellar practice but only in 75 percent of the wine is derived from such a manner and to such an extent as grapes of that variety, the entire 75 not to change the basic composition of percent of which was grown in the la- the wine nor to eliminate any of its beled appellation of origin area. characteristic elements. (c) Exceptions. (1) Wine made from (3) Treatment with refrigeration as any Vitis labrusca variety (exclusive of necessary to perfect the wine to com- hybrids with Vitis labrusca parentage) mercial standards in accordance with may be labeled with the variety name acceptable cellar practice but only in if: such a manner and to such an extent as (i) Not less than 51 percent of the not to change the basic composition of wine is derived from grapes of the the wine nor to eliminate any of its named variety; characteristic elements. (ii) The statement ‘‘contains not less (4) Treatment with methods and ma- than 51 percent (name of variety)’’ is terials to the minimum extent nec- shown on the brand label, back label, essary to correct cloudiness, precipita- or a separate strip label, (except that tion, or abnormal color, odor, or flavor this statement need not appear if 75 developing in wine. percent or more of the wine is derived (5) Treatment with constituents nat- from grapes of the named variety); and urally present in the kind of fruit or (iii) The entire qualifying percentage other agricultural product from which of the named variety was grown in the the wine is produced for the purpose of labeled appellation of origin area. correcting deficiencies of these con- (2) Wine made from any variety of stituents, but only to the extent that any species found by the appropriate such constituents would be present in ATF officer upon appropriate applica- normal wines of the same class or type tion to be too strongly flavored at 75 not so treated. percent minimum varietal content (6) Treatment of any class or type of may be labeled with the varietal name wine involving the use of volatile fruit- if: flavor concentrates in the manner pro- (i) Not less than 51 percent of the vided in section 5382 of the Internal wine is derived from grapes of that va- Revenue Code. riety; (7) Notwithstanding the provisions of (ii) The statement ‘‘contains not less § 4.21(b) (1), (2) and (4), (c), (d)(4), (e)(5), than 51 percent (name of variety)’’ is and (f)(6) carbon dioxide may be used to shown on the brand label, back label, maintain counterpressure during the or a separate strip label (except that transfer of finished sparkling wines this statement need not appear if 75 from (i) bulk processing tanks to bot- percent or more of the wine is derived tles, or (ii) bottle to bottle: Provided, from grapes of the named variety); and That the carbon dioxide content of the (iii) The entire qualifying percentage wine shall not be increased by more of the named variety was grown in the than 0.009 gm. per 100 ml. during the labeled appellation of origin area. transfer operation. (d) Two or more varieties. The names [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as of two or more grape varieties may be amended by T.D. 6776, 29 FR 16985, Dec. 11, used as the type designation if: 1964; T.D. 7185, 37 FR 7976, Apr. 22, 1972; T.D. (1) All of the grapes used to make the ATF–403, 64 FR 50253, Sept. 16, 1999; T.D. wine are of the labeled varieties; ATF–458, 66 FR 37578, July 19, 2001] (2) The percentage of the wine derived from each variety is shown on the § 4.23 Varietal (grape type) labeling. label (with a tolerance of plus or minus (a) General. The names of one or more 2 percent); and grape varieties may be used as the type (3)(i) If labeled with a multicounty designation of a grape wine only if the appellation of origin, the percentage of

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the wine derived from each variety appropriate ATF officer to be generic from each county is shown on the or semi-generic may be used only to label; or designate wines of the origin indicated (ii) If labeled with a multistate ap- by such name, but such name shall not pellation of origin, the percentage of be deemed to be the distinctive des- the wine derived from each variety ignation of a wine unless the Director from each state is shown on the label. finds that it is known to the consumer (e) List of approved variety names. Ef- and to the trade as the designation of fective February 7, 1996, the name of a a specific wine of a particular place or grape variety may be used as a type region, distinguishable from all other designation for an American wine only wines. if that name has been approved by the (2) Examples of nongeneric names Director. A list of approved grape vari- which are not distinctive designations ety names appears in subpart J of this of specific grape wines are: American, part. California, Lake Erie, Napa Valley, [T.D. ATF–370, 61 FR 538, Jan. 8, 1996] New York State, French, Spanish. Ad- ditional examples of foreign nongeneric § 4.24 Generic, semi-generic, and non- names are listed in subpart C of part 12 generic designations of geographic of this chapter. significance. (3) Examples of nongeneric names (a)(1) A name of geographic signifi- which are also distinctive designations cance which is also the designation of a of specific grape wines are: Bordeaux class or type of wine, shall be deemed Blanc, Bordeaux Rouge, Graves, Medoc, to have become generic only if so found Saint–Julien, Chateau Yquem, Chateau by the appropriate ATF officer. Margaux, Chateau Lafite, Pommard, (2) Examples of generic names, origi- Chambertin, Montrachet, Rhone, nally having geographic significance, Liebfraumilch, Rudesheimer, Forster, which are designations for a class or Deidesheimer, Schloss Johannisberger, type of wine are: Vermouth, Sake. Lagrima, and Lacryma Christi. A list (b)(1) A name of geographic signifi- of foreign distinctive designations, as cance, which is also the designation of determined by the Director, appears in a class or type of wine, shall be deemed subpart D of part 12 of this chapter. to have become semi-generic only if so [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as found by the appropriate ATF officer. amended by T.D. ATF–296, 55 FR 17967, Apr. Semi-generic designations may be used 30, 1990; T.D. ATF–398, 63 FR 44783, Aug. 21, to designate wines of an origin other 1998; T.D. ATF–425, 65 FR 11890, 11891, Mar. 7, than that indicated by such name only 2000] if there appears in direct conjunction therewith an appropriate appellation of § 4.25 Appellations of origin. origin disclosing the true place of ori- (a) A wine shall be entitled to an ap- gin of the wine, and if the wine so des- pellation of origin if (1) at least 75 per- ignated conforms to the standard of cent of its volume is derived from fruit identity, if any, for such wine con- or agricultural products grown in the tained in the regulations in this part place or region indicated by such ap- or, if there be no such standard, to the pellation, (2) it has been fully manufac- trade understanding of such class or tured and finished within the State in type. See § 24.257(c) of this chapter for which such place or region is located, exceptions to the appropriate ATF offi- and (3) it conforms to the requirements cer’s authority to remove names from of the laws and regulations of such paragraph (b)(2) of this section. place or region governing the composi- (2) Examples of semi-generic names tion, method of manufacture, and des- which are also type designations for ignation of wines for home consump- grape wines are Angelica, Burgundy, tion. Claret, Chablis, Champagne, Chianti, (b) Wines subjected to cellar treat- Malaga, Marsala, Madeira, Moselle, ment outside the place or region of ori- Port, Rhine Wine (syn. Hock), Sau- gin under the provisions of § 4.22(c), and terne, Haut Sauterne, Sherry, Tokay. blends of wines of the same origin (c)(1) A name of geographic signifi- blended together outside the place or cance, which has not been found by the region of origin (if all the wines in the

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blend have a common class, type or (2) Imported wine. An imported wine other designation which is employed as is entitled to an appellation of origin the designation of the blend) shall be other than a viticultural area if: entitled to the same appellation of ori- (i) At least 75 percent of the wine is gin to which they would be entitled if derived from fruit or agricultural prod- such cellar treatment or blending took ucts grown in the area indicated by the place within the place or region of ori- appellation of origin; and (ii) The wine gin. conforms to the requirements of the (c) This section does not apply after foreign laws and regulations governing December 31, 1982. the composition, method of production, and designation of wines available for [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as consumption within the country of ori- amended by T.D. 7185, 37 FR 7976, Apr. 22, gin. 1972; T.D. ATF–201, 50 FR 12533, Mar. 29, 1985] (c) Multicounty appellations. An appellation of origin comprising two or no § 4.25a Appellations of origin. more than three counties in the same State may be used if all of the fruit or (a) Definition—(1) American wine. An other agricultural products were grown American appellation of origin is: (i) in the counties indicated, and the per- The United States; (ii) a State; (iii) two centage of the wine derived from fruit or no more than three States which are or other agricultural products grown in all contiguous; (iv) a county (which each county is shown on the label with must be identified with the word a tolerance of plus or minus two per- ‘‘county’’, in the same size of type, and cent. in letters as conspicuous as the name (d) Multistate appellation. An of the county); (v) two or no more than appelation of origin comprising two or three counties in the same States; or no more than three States which are (vi) a viticultural area (as defined in all contiguous may be used, if: paragraph (e) of this section). (1) All of the fruit or other agricul- (2) Imported wine. An appellation of tural products were grown in the origin for imported wine is: (i) A coun- States indicated, and the percentage of try, (ii) a state, province, territory, or the wine derived from fruit or other ag- similar political subdivision of a coun- ricultural products grown in each try equivalent to a state or county; or State is shown on the label with a tol- (iii) a viticultural area. erance of plus or minus two percent; (b) Qualification—(1) American wine. (2) it has been fully finished (except An American wine is entitled to an ap- for cellar treatment pursuant to pellation of origin other than a multi- § 4.22(c), and blending which does not county or multistate appellation, or a result in an alteration of class or type viticultural area, if: under § 4.22(b)) in one of the labeled ap- (i) At least 75 percent of the wine is pellation States; (3) it conforms to the laws and regulations governing the derived from fruit or agricultural prod- composition, method of manufacture, ucts grown in the appellation area indi- and designation of wines in all the cated; (ii) it has been fully finished (ex- States listed in the appellation. cept for cellar treatment pursuant to (e) Viticultural area—(1) Definition—(i) § 4.22(c), and blending which does not American wine. A delimited grape grow- result in an alteration of class or type ing region distinguishable by geo- under § 4.22(b)) in the United States, if graphical features, the boundaries of labeled ‘‘American’’; or, if labeled with which have been recognized and defined a State appellation, within the labeled in part 9 of this chapter. State or an adjacent State; or if la- (ii) Imported wine. A delimited place beled with a county appellation, within or region (other than an appellation de- the State in which the labeled county fined in paragraph (a)(2)(i) or (a)(2)(ii)) is located; and (iii) it conforms to the the boundaries of which have been rec- laws and regulations of the named ap- ognized and defined by the country of pellation area governing the composi- origin for use on labels of wine avail- tion, method of manufacture, and des- able for consumption within the coun- ignation of wines made in such place. try of origin.

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(2) Establishment of American (1) Is located in the labeled viticultural areas. Petitions for estab- viticultural area; (2) grew all of the lishment of American viticultural grapes used to make the wine on land areas may be made to the Director by owned or controlled by the winery any interested party, pursuant to the within the boundaries of the labeled provisions of § 70.701(c) of this title. The viticultural area; (3) crushed the petition may be in the form of a letter, grapes, fermented the resulting must, and should contain the following infor- and finished, aged, and bottled the mation referred to in § 9.3(b) of this wine in a continuous process (the wine title. 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 viticulture 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 than Estate bottled may be used on a consumption within the country of ori- label to indicate combined growing and gin; and bottling conditions. (iv) In the case of American wine, it has been fully finished within the [T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF–201, 50 FR 12533, Mar. State, or one of the States, within 29, 1985] which the labeled viticultural area is located (except for cellar treatment § 4.27 Vintage wine. pursuant to § 4.22(c), and blending (a) General. Vintage wine is wine la- which does not result in an alteration beled with the year of harvest of the of class and type under § 4.22(b)). grapes and made in accordance with (4) Overlap viticultural area appella- the standards prescribed in classes 1, 2, tions. An appellation of origin com- or 3 of § 4.21. At least 95 percent of the prised of more than one viticultural wine must have been derived from area may be used in the case of over- grapes harvested in the labeled cal- lapping viticultural areas if not less endar year, and the wine must be la- than 85 percent of the volume of the beled with an appellation of origin wine is derived from grapes grown in other than a country (which does not the overlapping area. qualify for vintage labeling). The ap- [T.D. ATF–53, 43 FR 37675, Aug. 23, 1978, as pellation shall be shown in direct con- amended by T.D. ATF–84, 46 FR 29261, June 1, junction with the designation required 1981; T.D. ATF–92, 46 FR 46912, Sept. 23, 1981; by § 4.32(a)(2), in lettering substantially T.D. ATF–195, 50 FR 763, Jan. 7, 1985; T.D. ATF–201, 50 FR 12533, Mar. 29, 1985; T.D. as conspicuous as that designation. In ATF–222, 51 FR 3774, Jan. 30 1986; T.D. ATF– no event may the quantity of wine re- 312, 56 FR 31076, July 9, 1991; T.D. ATF–355, 59 moved from the producing winery, FR 14553, Mar. 29, 1994; T.D. ATF–432, 65 FR under labels bearing a vintage date, ex- 69253, Nov. 16, 2000] ceed the volume of vintage wine produced in that winery during the year § 4.26 Estate bottled. indicated by the vintage date. (a) Conditions for use. The term Estate (b) American wine. A permittee who bottled may be used by a bottling win- produced and bottled or packed the ery on a wine label only if the wine is wine, or a person other than the pro- labeled with a viticultural area appel- ducer who repackaged the wine in con- lation of origin and the bottling win- tainers of 5 liters (or 1-gallon before ery: January 1, 1979) or less may show the

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year of vintage upon the label if the (d) Scuppernong. An American wine person possesses appropriate records which derives at least 75 percent of its from the producer substantiating the volume from bronze Muscadinia year of vintage and the appellation of rotundifolia grapes. origin; and if the wine is made in com- (e)(1) Gamay Beaujolais. An American pliance with the provisions of para- wine which derives at least 75 percent graph (a) of this section. of its volume from Pinot noir grapes, (c) Imported wine. Imported wine may Valdiguie´ grapes, or a combination of bear a vintage date if: (1) It is made in both. compliance with the provisions of para- (2) For wines bottled on or after Jan- graph (a) of this section; (2) it is bot- uary 1, 1999, and prior to April 9, 2007, tled in containers of 5 liters (or 1-gal- the name ‘‘Gamay Beaujolais’’ may be lon before January 1, 1979) or less prior used as a type designation only if there to importation, or bottled in the appears in direct conjunction there- United States from the original con- with, but on a separate line and sepa- tainer of the product (showing a vin- rated by the required appellation of origin, the name(s) of the grape variety tage date); (3) if the invoice is accom- or varieties used to satisfy the require- panied by, or the American bottler pos- ments of paragraph (e)(1) of this sec- sesses, a certificate issued by a duly tion. Where two varietal names are authorized official of the country of or- listed, they shall appear on the same igin (if the country of origin authorizes line, in order of predominance. The ap- the issuance of such certificates) certi- pellation of origin shall appear either fying that the wine is of the vintage on a separate line between the name shown, that the laws of the country ‘‘Gamay Beaujolais’’ and the grape va- regulate the appearance of vintage riety name(s) or on the same line as dates upon the labels of wine produced the grape variety name(s) in a manner for consumption within the country of that qualifies the grape variety origin, that the wine has been produced name(s). The following statement shall in conformity with those laws, and also appear on the brand or back label: that the wine would be entitled to bear ‘‘Gamay Beaujolais is made from at the vintage date if it had been sold least 75 percent Pinot noir and/or within the country of origin. Valdiguie´ grapes.’’ [T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as (3) The designation ‘‘Gamay Beaujo- amended by T.D. ATF–195, 50 FR 763, Jan. 7, lais’’ may not be used on labels of 1985] American wines bottled on or after April 9, 2007. § 4.28 Type designations of varietal significance. [T.D. ATF–370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF–388, 62 FR 16490, Apr. The following are type designations 7, 1997; T.D. ATF–388a, 62 FR 33747, June 23, of varietal significance for American 1997] wine. These names may be used as type designations for American wines only Subpart D—Labeling if the wine is labeled with an appella- Requirements for Wine tion of origin as defined in § 4.25a. (a) Muscadine. An American wine § 4.30 General. which derives at least 75 percent of its (a) Application. No person engaged in volume from Muscadinia rotundifolia business as a producer, rectifier, blend- grapes. er, importer, or wholesaler, directly or (b) Muscatel. An American wine indirectly or through an affiliate, shall which derives its predominant taste, sell or ship or deliver for sale or ship- aroma, characteristics and at least 75 ment, or otherwise introduce in inter- percent of its volume from any Muscat state or foreign commerce, or receive grape source, and which meets the re- therein, or remove from customs cus- quirements of § 4.21(a)(3). tody, any wine in containers unless (c) Muscat or Moscato. An American such wine is packaged, and such pack- wine which derives at least 75 percent ages are marked, branded, and labeled of its volume from any Muscat grape in conformity with this article. Wine source. domestically bottled or packed prior to

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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 article, of fill other than an authorized metric if the labels on such wine (1) bear all standard of fill as prescribed in § 4.73, the mandatory label information re- the net contents statement shall ap- quired by § 4.32, even though such infor- pear on a label affixed to the front of mation is not set forth in the manner the bottle. and form as required by § 4.32 and other (c) There shall be stated on the brand sections of this title referred to there- label or on a back label a statement in, and (2) bear no statements, designs, that the product contains FD&C Yel- or devices which are false or mis- low No. 5, where that coloring material leading. is used in a product bottled on or after (b) Alteration of labels. (1) It shall be October 6, 1984. unlawful for any person to alter, muti- (d) There shall be stated on a front or late, destroy, obliterate or remove any back label, separate and apart from all mark, brand, or label upon wine held other information, the following state- for sale in interstate or foreign com- ment when saccharin is present in the merce or after shipment therein, ex- finished product: Use of this product cept as authorized by Federal law, or may be hazardous to your health. This except as provided in paragraph (b)(2) product contains saccharin which has of this section: Provided, That the ap- been determined to cause cancer in lab- propriate ATF officer may, upon writ- oratory animals. ten application, permit additional la- (e) Declaration of sulfites. There shall beling or relabeling of wine for pur- be stated on a front label, back label, poses of compliance with the require- strip label or neck label, the statement ments of this part or of State law. ‘‘Contains sulfites’’ or ‘‘Contains (a) (2) No application for permission to sulfiting agent(s)’’ or a statement iden- relabel wine need be made in any case tifying the specific sulfiting agent where there is added to the container, where sulfur dioxide or a sulfiting after removal from customs custody or agent is detected at a level of 10 or from the premises where bottled or more parts per million, measured as packed, a label identifying the whole- total sulfur dioxide. The provisions of sale or retail distributor thereof, and this paragraph shall apply to: containing no reference whatever to (1) Any certificate of label approval the characteristics of the product. issued on or after January 9, 1987; [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as (2) Any wine bottled on or after July amended by T.D. ATF–425, 65 FR 11891, Mar. 9, 1987, regardless of the date of 7, 2000] issuance of the certificate of label ap- CROSS REFERENCE: For customs warehouses proval; and, and control of merchandise therein, see 19 (3) Any wine removed on or after CFR part 19. January 9, 1988.

§ 4.32 Mandatory label information. (Paragraph (e) approved by the Office of Management and Budget under Control No. (a) There shall be stated on the brand 1512–0469) label: [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as (1) Brand name, in accordance with amended by T.D. ATF–150, 48 FR 45556, Oct. § 4.33. 6, 1983; T.D. ATF–195, 50 FR 763, Jan. 7, 1985; (2) Class, type, or other designation, T.D. ATF–220, 50 FR 51852, Dec. 20, 1985; T.D. in accordance with § 4.34. ATF–236, 51 FR 34710, Sept. 30, 1986; T.D. (3) Alcohol content, in accordance ATF–282, 54 FR 7162, Feb. 16, 1989; T.D. ATF– with § 4.36. 312, 56 FR 31076, 31077, July 9, 1991] (4) On blends consisting of American and foreign wines, if any reference is § 4.33 Brand names. made to the presence of foreign wine, (a) General. The product shall bear a the exact percentage by volume. brand name, except that if not sold (b) There shall be stated on any label under a brand name, then the name of affixed to the container: the person required to appear on the

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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 ATF 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 cordance with trade understanding. characteristics of the product. The statement of composition will not (c) Trade name of foreign origin. This 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 the class and type designation if: § 4.34 Class and type. (1) A varietal (grape type) designa- (a) The class of the wine shall be tion is used under the provisions of stated in conformity with subpart C of § 4.23; this part if the wine is defined therein, (2) A type designation of varietal sig- except that ‘‘table’’ (‘‘light’’) and nificance is used under the provisions ‘‘dessert’’ wines need not be designated of § 4.28; as such. In the case of still grape wine (3) A semi-generic type designation is there may appear, in lieu of the class employed as the class and type des- designation, any varietal (grape type) 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 (5) The wine is labeled with the year type designation ‘‘champagne’’ or of harvest of the grapes, and otherwise ‘‘crackling wine’’ (‘‘petillant wine’’, conforms with the provisions of § 4.27. ‘‘frizzante wine’’) may appear in lieu of The appellation of origin for vintage the class designation ‘‘sparkling wine’’. wine shall be other than a country. In the case of wine which has a total [T.D. ATF–53, 43 FR 37677, Aug. 23, 1978; T.D. solids content of more than 17 grams ATF–48, 44 FR 55839, Sept. 28, 1979, as amend- per 100 cubic centimeters the words ed by T.D. ATF–195, 50 FR 763, Jan. 7, 1985; ‘‘extra sweet’’, ‘‘specially sweetened’’, T.D. ATF–229, 51 FR 20482, June 5, 1986; T.D. ‘‘specially sweet’’ or ‘‘sweetened with ATF–312, 56 FR 31077, July 9, 1991; T.D. ATF– excess sugar’’ shall be stated as a part 370, 61 FR 539, Jan. 8, 1996; T.D. ATF–431, 65 of the class and type designation. The FR 59724, Oct. 6, 2000]

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§ 4.35 Name and address. distributor, or other person responsible (a) American wine. On labels of con- for the importation, together with the tainers of American wine, there shall principal place of business in the be stated the name of the bottler or United States of such person. In addi- packer and the place where bottled or tion, but not in lieu thereof, there may packed (or until January 1, 1985, in lieu be stated the name and principal place of such place, the principal place of of business of the foreign producer, business of the bottler or packer if in blender, rectifier, maker, bottler, pack- the same State where the wine was er, or shipper, preceded by the phrases bottled or packed, and, if bottled or ‘‘Produced by,’’ ‘‘Blended by,’’ ‘‘Rec- packed on bonded premises, the AFT tified by,’’ ‘‘Made by,’’ ‘‘Bottled by,’’ registry number of the premises) im- ‘‘Packed by,’’ ‘‘Shipped by,’’ respec- mediately preceded by the words ‘‘bot- tively, or, in the case of imitation wine tled by’’ or ‘‘packed by’’ except that: only, ‘‘Manufactured by.’’ (1) If the bottler or packer is also the (1) If the wine is bottled or packed in person who made not less than 75 per- the United States, there shall be stat- cent of such wine by fermenting the ed, in addition, the name of the bottler must and clarifying the resulting wine, or packer and the place where bottled or if such person treated the wine in or packed immediately preceded by the such manner as to change the class words ‘‘bottled by’’ or ‘‘packed by’’ ex- thereof, there may be stated, in lieu of cept that if the wine is bottled or the words ‘‘bottled by’’ or ‘‘packed by,’’ packed in the United States for the the words ‘‘produced and bottled by,’’ person responsible for the importation or ‘‘produced and packed by.’’ there may be stated, in lieu of the (2) If the bottler or packer has also above-required statements, the name either made or treated the wine, other- and principal place of business in the wise than as described in paragraph United States of such person, imme- (a)(1) of this section, there may be stat- diately preceded by the phrase ‘‘im- ed, in lieu of the words ‘‘Bottled by’’ or ported by and bottled (packed) in the ‘‘Packed by’’ the phrases ‘‘Blended and United States for’’ (or a similar appro- bottled (packed) by,’’ ‘‘Rectified and priate phrase). If, however, the wine is bottled (packed) by.’’ ‘‘Prepared and bottled or packed in the United States bottled (packed) by,’’ ‘‘Made and bot- by the person responsible for the im- tled (packed) by,’’ as the case may be, portation there may be stated, in lieu or, in the case of imitation wine only, of the above-required statements, the ‘‘Manufactured and bottled (packed) by.’’ name and principal place of business in (3) In addition to the name of the the United States of such person, im- bottler or packer and the place where mediately preceded by the phrase ‘‘Im- bottled or packed (but not in lieu ported and bottled (packed) by’’ or a thereof) there may be stated the name similar appropriate phrase. and address of any other person for (2) If the wine is blended, bottled, or whom such wine is bottled or packed, packed in a foreign country other than immediately preceded by the words the country of origin and the country ‘‘Bottled for’’ or ‘‘Packed for’’ or ‘‘Dis- of origin is stated or otherwise indi- tributed by’’ or other similar state- cated on the label, there shall also be ment; or the name and principal place stated the name of the bottler, packer, of business of the rectifier, blender, or or blender, and the place where bottled, maker, immediately preceded by the packed, or blended, immediately pre- words ‘‘Rectified by,’’ ‘‘Blended by’’ or ceded by the words ‘‘Bottled by’’, ‘‘Made by,’’ respectively, or, in the case ‘‘Packed by’’, ‘‘Blended by’’, or other of imitation wine only, ‘‘Manufactured appropriate statement. by.’’ (c) Form of address. The ‘‘place’’ stat- (b) Imported wine. On labels of con- ed shall be the post office address tainers of imported wine, there shall be (after December 31, 1984, the post office stated the words ‘‘Imported by’’ or a address shall be the address shown on similar appropriate phrase, and imme- the basic permit or other qualifying diately thereafter the name of the per- document of the premises at which the mittee who is the importer, agent, sole operations took place; and there shall

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be shown the address for each oper- cordance with the definitions given, in ation which is designated on the label. addition to the name and address state- An example of such use would be ‘‘Pro- ment required by paragraph (a)(1). Use duced at Gilroy, California, and bottled of these words may be conjoined, using at San Mateo, California, by XYZ Win- the word ‘‘and’’, and with the words ery’’), except that the street address ‘‘bottled by’’ or ‘‘packed by’’ only if may be omitted. No additional places the same person performed the defined or addresses shall be stated for the operation at the same address. More same person unless (1) such person is than one name is necessary if the de- actively engaged in the conduct of an fined operation was performed by a per- additional bona fide and actual alco- son other than the bottler or packer holic beverage business at such addi- and more than one address statement tional place or address, and (2) the is necessary if the defined operation label also contains in direct conjunc- was performed at a different address. tion therewith, appropriate descriptive (iii) Produced or Made means that the material indicating the function occur- named winery: ring at such additional place or address (A) Fermented not less than 75% of in connection with the particular prod- such wine at the stated address, or uct. (B) Changed the class or type of the (d) Trade or operating names. The wine by addition of alcohol, brandy, trade or operating name of any person flavors, colors, or artificial appearing upon any label shall be iden- carbonation at the stated address, or tical with a name appearing on the (C) Produced sparkling wine by sec- basic permit or notice. ondary fermentation at the stated ad- (e) This section does not apply after dress. July 27, 1994. (iv) Blended means that the named winery mixed the wine with other [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 7185, 37 FR 7976, Apr. 22, wines of the same class and type at the 1972; T.D. ATF–53, 43 FR 37677, Aug. 23, 1978; stated address. T.D. ATF–126, 48 FR 2764, Jan. 21, 1983; T.D. (v) Cellared, Vinted or Prepared means ATF–194, 50 FR 759, Jan. 7, 1985; T.D. ATF– that the named winery, at the stated 209, 50 FR 27821, July 8, 1985T.D. ATF–328, 57 address, subjected the wine to cellar FR 33114, July 27, 1992] treatment in accordance with § 4.22(c). (b) Imported wine—(1) Mandatory § 4.35a 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

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United States of the person responsible basic permit or other qualifying docu- for the importation; or ment. (C) If the wine was bottled or packed (e) The provisions of this section are by the person responsible for the im- optional until they become mandatory portation, the words ‘‘imported and July 27, 1994. bottled (packed) by’’ followed by the [T.D. ATF–328, 57 FR 33114, July 27, 1992; 57 name and address of the principal place FR 37591, Aug. 19, 1992] of business in the United States of the person responsible for the importation. § 4.36 Alcoholic content. (iii) If the wine was blended, bottled (a) Alcoholic content shall be stated or packed in a foreign country other in the case of wines containing more than the country of origin, and the than 14 percent of alcohol by volume, label identifies the country of origin, and, in the case of wine containing 14 the label shall state ‘‘blended by,’’ percent or less of alcohol by volume, ‘‘bottled by,’’ or ‘‘packed by,’’ or other either the type designation ‘‘table’’ appropriate statement, followed by the wine (‘‘light’’ wine) or the alcoholic name of the blender, bottler or packer content shall be stated. Any statement and the place where the wine was of alcoholic content shall be made as blended, bottled or packed. prescribed in paragraph (b) of this sec- (2) Optional statements. In addition to tion. the statements required by paragraph (b) Alcoholic content shall be stated (b) (1), the label may also state the in terms of percentage of alcohol by name and address of the principal place volume, and not otherwise, as provided of business of the foreign producer. in either paragraph (b)(1) or (2) of this Other words, or their English-language section: equivalents, denoting winemaking op- (1) ‘‘Alcohol ll % by volume,’’ or erations may be used in accordance similar appropriate phrase; Provided, that if the word ‘‘alcohol’’ and/or ‘‘vol- with the requirements of the country ume’’ are abbreviated, they shall be of origin, for wines sold within the shown as ‘‘alc.’’ (alc) and/or ‘‘vol.’’ country of origin. (vol), respectively. Except as provided (c) Form of address. The ‘‘place’’ stat- in paragraph (c) of this section, a toler- ed shall be the post office address ance of 1 percent, in the case of wines shown on the basic permit or other containing more than 14 percent of al- qualifying document of the premises at cohol by volume, and of 1.5 percent, in which the operations took place; and the case of wines containing 14 percent there shall be shown the address for or less of alcohol by volume, will be each operation which is designated on permitted either above or below the the label. An example of such use stated percentage. would be ‘‘Produced at Gilroy, Cali- (2) ‘‘Alcohol ll % to ll % by vol- fornia, and bottled at San Mateo, Cali- ume,’’ or similar appropriate phrase; fornia, by XYZ Winery,’’ except that Provided, that if the word ‘‘alcohol’’ the street address may be omitted. No and/or ‘‘volume’’ are abbreviated, they additional places or addresses shall be shall be shown as ‘‘alc.’’ (alc) and/or stated for the same person unless: ‘‘vol.’’ (vol), respectively. Except as (1) Such person is actively engaged in provided in paragraph (c) of this sec- the conduct of an additional bona fide tion, a range of not more than 2 per- and actual alcoholic beverage business cent, in the case of wines containing at such additional place or address, and more than 14 percent of alcohol by vol- (2) The label also contains in direct ume, and of not more than 3 percent, in conjunction therewith, appropriate de- the case of wines containing 14 percent scriptive material indicating the func- or less of alcohol by volume, will be tion occurring at such additional place permitted between the minimum and or address in connection with the par- maximum percentages stated, and no ticular product. tolerances will be permitted either (d) Trade or operating names. The below such minimum or above such trade or operating name of any person maximum. appearing upon any label shall be iden- (c) Regardless of the type of state- tical with a name appearing on the ment used and regardless of tolerances

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normally permitted in direct state- ounces only, accurate to the nearest ments and ranges normally permitted whole fluid ounce; for example, 6 liters in maximum and minimum state- (203 fl. oz.). ments, alcoholic content statements, (c) Net contents marked in bottle. The whether required or optional, shall net contents need not be stated on any definitely and correctly indicate the label if the net contents are displayed class, type and taxable grade of the by having the same blown, etched, wine so labeled and nothing in this sec- sand-blasted, marked by underglaze tion shall be construed as authorizing coloring, or otherwise permanently the appearance upon the labels of any marked by any method approved by the wine of an alcoholic content statement appropriate ATF officer, in the sides, in terms of maximum and minimum front, or back of the bottle, in letters percentages which overlaps a prescribed limitation on the alcoholic con- and figures in such manner as to be tent of any class, type, or taxable plainly legible under ordinary cir- grade of wine, or a direct statement of cumstances, and such statement is not alcoholic content which indicates that obscured in any manner in whole or in the alcoholic content of the wine is part. 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 that the following tolerances shall be amended by T.D. ATF–275, 53 FR 27046, July 18, 1988] allowed: (1) Discrepancies due exclusively to § 4.37 Net contents. errors in measuring which occur in fill- (a) Statement of net contents. The net ing conducted in compliance with good contents of wine for which a standard commercial practice. of fill is prescribed in § 4.73 shall be (2) Discrepancies due exclusively to stated in the same manner and form as differences in the capacity of con- set forth in the standard of fill. The net tainers, resulting solely from unavoid- content of wine for which no standard able difficulties in manufacturing such of fill is prescribed in § 4.73 shall be containers so as to be of uniform ca- stated in the metric system of measure pacity: Provided, That no greater toler- as follows: ance shall be allowed in case of con- (1) If more than one liter, net containers which, because of their design, tents shall be stated in liters and in cannot be made of approximately uni- decimal portions of a liter accurate to form capacity than is allowed in case the nearest one-hundredth of a liter. of containers which can be manufac- (2) If less than one liter, net contents tured so as to be of approximately uni- shall be stated in milliliters (ml). form capacity. (b) Statement of U.S. equivalent net (3) Discrepancies in measure due to contents. When net contents of wine are differences in atmospheric conditions stated in metric measure, the equiva- in various places and which unavoid- lent volume in U.S. measure may also ably result from the ordinary and cus- be shown. If shown, the U.S. equivalent tomary exposure of alcoholic beverages volume will be shown as follows: in containers to evaporation. The rea- (1) For the metric standards of fill: 3 sonableness to discrepancies under this liters (101 fl. oz.); 1.5 liters (50.7 fl. oz.); paragraph shall be determined on the 1 liter (33.8 fl. oz.); 750 ml (25.4 fl. oz.); facts in each case. 500 ml (16.9 fl. oz.); 375 ml (12.7 fl. oz.); 187 ml (6.3 fl. oz.); 100 ml (3.4 fl. oz.); (e) Unreasonable shortages. Unreason- and 50 ml (1.7 fl. oz.). able shortages in certain of the con- (2) Equivalent volumes of less than tainers in any shipment shall not be 100 fluid ounces will be stated in fluid compensated by overages in other con- ounces only, accurate to the nearest tainers in the same shipment. one-tenth of a fluid ounce; for example, [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as 700 ml (23.7 fl. oz.). amended by T.D. ATF–49, 43 FR 19848, May 9, (3) Equivalent volumes of 100 fluid 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981; ounces or more will be stated in fluid T.D. ATF–303, 55 FR 42713, Oct. 23, 1990]

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§ 4.38 General requirements. (e) Labels firmly affixed. All labels (a) Legibility. All labels shall be so de- shall be affixed to containers of wine in signed that all the statements thereon such manner that they cannot be re- required by §§ 4.30 through 4.39 are read- moved without thorough application of ily legible under ordinary conditions, water or other solvents. and all such statement shall be on a (f) Additional information on labels. contrasting background. Labels may contain information other (b) Size of type. (1) Containers of more than the mandatory label information than 187 milliliters. All mandatory in- required by §§ 4.30 through 4.39, if such formation required on labels by this information complies with the require- part, except the alcoholic content ments of such sections and does not statement, shall be in script, type, or conflict with, nor in any manner qual- printing not smaller than 2 millime- ify statements required by this part. In ters; except that if contained among addition, information which is truth- other descriptive or explanatory infor- ful, accurate, and specific, and which is mation, the script, type, or printing of neither disparaging nor misleading the mandatory information shall be of may appear on wine labels. a size substantially more conspicuous (g) Representations as to materials. If than that of the descriptive or explana- any representation (other than rep- tory information. resentations or information required (2) Containers of 187 milliliters or by §§ 4.30 through 4.39 or percentage less. All mandatory information re- statements required or permitted by quired on labels by this part, except this part) is made as to the presence, 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 ATF 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 production, 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

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at retail (other than a shipping con- prominence, or existing private or pub- tainer), such coverings, cartons, or lic organization, or is a name that is in other containers must bear all manda- simulation or is an abbreviation there- tory label information. of, or any graphic, pictorial, or em- (c) Other cartons. (1) If an individual blematic representation of any such in- covering, carton, or other container of dividual or organization, if the use of the bottle used for sale at retail (other such name or representation is likely than a shipping container) is so de- falsely to lead the consumer to believe signed that the bottle is readily remov- that the product has been endorsed, able, it may display any information made, or used by, or produced for, or which is not in conflict with the label under the supervision of, or in accord- on the bottle contained therein. ance with the specifications of, such in- (2) Cartons displaying brand names dividual or organization; Provided, and/or designations must display such That this paragraph shall not apply to names and designations in their en- the use of the name of any person en- tirety—brand names required to be gaged in business as a producer, blend- modified, e.g. by ‘‘Brand’’ or ‘‘Product er, rectifier, importer, wholesaler, re- 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 (8) Any coined word or name in the representation which is obscene or in- brand name or class and type designa- decent. tion which simulates, imitates, or (4) Any statement, design, device, or which tends to create the impression representation of or relating to anal- that the wine so labeled is entitled to yses, standards, or tests, irrespective of bear, any class, type, or permitted des- falsity, which the appropriate ATF of- ignation recognized by the regulations ficer finds to be likely to mislead the in this part unless such wine conforms consumer. to the requirements prescribed with re- (5) Any statement, design, device or spect to such designation and is in fact representation of or relating to any so designated on its labels. guarantee, irrespective of falsity, (9) Any word in the brand name or which the appropriate ATF officer class and type designation which is the finds to be likely to mislead the con- name of a distilled spirits product or sumer. Money-back guarantees are not which simulates, imitates, or created prohibited. the impression that the wine so labeled (6) A trade or brand name that is the is, or is similar to, any product cus- name of any living individual of public tomarily made with a distilled spirits

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base. Examples of such words are: to resemble or simulate a stamp of the ‘‘Manhattan,’’ ‘‘Martini,’’ and United States Government or any ‘‘Daquiri’’ in a class and type designa- State or foreign government. No label, tion or brand name of a wine cocktail; other than stamps authorized or re- ‘‘Cuba Libre,’’ ‘‘Zombie,’’ and ‘‘Collins’’ quired by the United States Govern- in a class and type designation or ment or any State or foreign govern- brand name of a wine specialty or wine ment, shall state or indicate that the highball; ‘‘creme,’’ ‘‘cream,’’ ‘‘de,’’ or wine contained in the labeled container ‘‘of’’ when used in conjunction with is produced, blended, bottled, packed, ‘‘menthe,’’ ‘‘mint,’’ or ‘‘cacao’’ in a or sold under, or in accordance with, class and type designation or a brand any municipal, State or Federal Gov- name of a mint or chocolate flavored ernment authorization, law, or regula- wine specialty. tion, unless such statement is required (b) Statement of age. No statement of or specifically authorized by Federal, age or representation relative to age State or municipal law or regulation, (including words or devices in any or is required or specifically authorized 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 wine cellar 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 ATF 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

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llllllllllllllllllllllll not be used unless the wine meets the appellation of origin requirements for (Class and type as stated on the label) the geographic area named. and (if label bears a statement of vintage (2) For brand names used in existing date) that the wine is of the vintage of certificates of label approval issued llllllllllllllllllllllll prior to July 7, 1986: (Year of vintage stated on the label) (i) The wine shall meet the appellation of origin requirements for the geo- (f) Use of the word ‘‘Importer’’, or simi- graphic area named; or lar words. The word Importer, or similar (ii) The wine shall be labeled with an words, shall not be stated on labels on appellation of origin in accordance containers of domestic wine except as with § 4.34(b) as to location and size of part of the bona fide name of a per- type of either: mittee for or by whom, or of a retailer (A) A county or a viticultural area, if for whom, such wine is bottled, packed the brand name bears the name of a ge- or distributed: Provided, That in all ographic area smaller than a state, or; cases where such words are used as part of such name, there shall be stated on (B) A state, county or a viticultural the same label the words ‘‘Product of area, if the brand name bears a state the United States’’, or similar words to name; or negative any impression that the prod- (iii) The wine shall be labeled with uct is imported, and such negative some other statement which the appro- statement shall appear in the same size priate ATF officer finds to be sufficient and kind of printing as such name. to dispel the impression that the geo- (g) Flags, seals, coats of arms, crests, graphic area suggested by the brand and other insignia. Labels shall not con- name is indicative of the origin of the tain, in the brand name or otherwise, wine. any statement, design, device, or pic- (3) A name has viticultural signifi- torial representation which the appro- cance when it is the name of a state or priate ATF officer finds relates to, or is county (or the foreign equivalents), capable of being construed as relating when approved as a viticultural area in to, the armed forces of the United part 9 of this chapter, or by a foreign States, or the American flag, or any government, or when found to have emblem, seal, insignia, or decoration viticultural significance by the appro- associated with such flag or armed priate ATF officer. forces; nor shall any label contain any (j) Product names of geographical sig- statement, design, device, or pictorial nificance (not mandatory before January representation of or concerning any 1, 1983). The use of product names with flag, seal, coat of arms, crest or other specific geographical significance is insignia, likely to mislead the con- prohibited unless the appropriate ATF sumer to believe that the product has officer finds that because of their long been endorsed, made, or used by, or usage, such names are recognized by produced for, or under the supervision consumers as fanciful product names of, or in accordance with the specifica- and not representations as to origin. In tions of the government, organization, such cases the product names shall be family, or individual with whom such qualified with the word ‘‘brand’’ imme- flag, seal, coat of arms, crest, or insig- diately following the product name, in nia is associated. the same size of type, and as con- (h) Curative and therapeutic claims. spicuous as the product name itself. In Labels shall not contain any state- addition, the label shall bear an appel- ment, design, representation, pictorial lation of origin under the provisions of representation, or device representing § 4.34(b), and, if required by the appro- that the use of wine has curative or priate ATF officer, a statement dis- therapeutic effects if such statement is claiming the geographical reference as untrue in any particular or tends to a representation as to the origin of the create a misleading impression. wine. (i) Geographic brand names. (1) Except (k) Other indications of origin. Other as provided in subparagraph 2, a brand statements, designs, devices or rep- name of viticultural significance may resentations which indicate or infer an

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origin other than the true place of ori- custody for consumption unless there gin of the wine are prohibited. is deposited with the appropriate Cus- (l) Foreign terms. Foreign terms toms officer at the port of entry the which: (1) Describe a particular condi- original or a photostatic copy of an ap- tion of the grapes at the time of har- proved certificate of label approval, vest (such as ‘‘Auslese,’’ ‘‘Eiswein,’’ ATF Form 5100.31. and ‘‘Trockenbeerenauslese’’); or (2) de- (b) If the original or photostatic copy note quality under foreign law (such as of ATF Form 5100.31 has been approved, ‘‘Qualitatswein’’ and ‘‘Kabinett’’) may the brand or lot of imported wine bear- not be used on the labels of American ing labels identical with those shown wine. thereon may be released from U.S. Cus- (m) Use of a vineyard, orchard, farm or toms custody. ranch name. When used in a brand (c) Relabeling. Imported wine in U.S. name, a vineyard, orchard, farm or Customs custody which is not labeled ranch name having geographical or in conformity with certificates of label viticultural significance is subject to approval issued by the appropriate the requirements of §§ 4.33(b) and 4.39(i) ATF officer must be relabeled prior to of this part. Additionally, the name of release under the supervision and di- a vineyard, orchard, farm or ranch rection of Customs officers of the port shall not be used on a wine label, un- at which the wine is located. less 95 percent of the wine in the con- (d) Cross reference. For procedures re- tainer was produced from primary garding the issuance, denial, and rev- winemaking material grown on the ocation of certificates of label ap- named vineyard, orchard, farm or proval, as well as appeal procedures, ranch. see part 13 of this chapter. (n) Use of a varietal name, type des- [T.D. ATF–66, 45 FR 40546, June 13, 1980, as ignation of varietal significance, semi-ge- amended by T.D. ATF–94, 46 FR 55095, Nov. 6, neric name, or geographic distinctive des- 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986; ignation. Labels that contain in the T.D. ATF–359, 59 FR 42160, Aug. 17, 1994; T.D. brand name, product name, or distinc- ATF–406, 64 FR 2128, Jan. 13, 1999] tive or fanciful name, any varietal (grape type) designation, type designa- § 4.45 Certificates of origin and iden- tion of varietal significance, semi-ge- tity. neric geographic type designation, or Imported wine shall not be released geographic distinctive designation, are from customs custody for consumption misleading unless the wine is made in unless the invoice is accompanied by a accordance with the standards pre- certificate of origin issued by a duly scribed in classes 1, 2, or 3 of § 4.21. Any authorized official of the appropriate other use of such a designation on foreign government, if the issuance of other than a class 1, 2, or 3 wine is pre- such certificates with respect to such sumed misleading. wine has been authorized by the foreign government concerned, certifying [T.D. 6521, 25 FR 13841, Dec. 29, 1960, as amended by T.D. ATF–53, 43 FR 37678, Aug. as to the identity of the wine and that 23, 1978; T.D. ATF–94, 46 FR 55095, Nov. 6, the wine has been produced in compli- 1981; T.D. ATF–126, 48 FR 2764, Jan. 21, 1983; ance with the laws of the respective T.D. ATF–180, 49 FR 31671, Aug. 8, 1984; T.D. foreign government regulating the pro- ATF–229, 51 FR 20482, June 5, 1986; 51 FR duction of such wine for home con- 21547, June 13, 1986; T.D. ATF–355, 59 FR sumption. 14553, Mar. 29, 1994; T.D. ATF–431, 65 FR 59724, Oct. 6, 2000] § 4.46 Certificate of nonstandard fill. A person may import wine in con- Subpart E—Requirements for With- tainers not conforming to the metric drawal of Wine From Customs standards of fill prescribed at § 4.73 if Custody the wine is: (a) Accompanied by a statement § 4.40 Label approval and release. signed by a duly authorized official of (a) Certificate of label approval. No im- the appropriate foreign country, stat- ported beverage wine in containers ing that the wine was bottled or shall be released from U.S. Customs packed before January 1, 1979;

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(b) Being withdrawn from a Customs § 4.52 Photoprints. bonded warehouse into which it was en- Photoprints or other reproductions of tered before January 1, 1979; or certificates of label approval or certifi- (c) Exempt from the standard of fill cates of exemption are not acceptable, requirements as provided by § 4.70(b)(1) or (2). for the purposes of §§ 4.50 through 4.52, as substitutes for an original or dupli- [T.D. ATF–76, 46 FR 1727, Jan. 7, 1981] cate original of a certificate of label approval, or a certificate of exemption. Subpart F—Requirements for Ap- The appropriate ATF officer will, upon proval of Labels of Wine Do- the request of the bottler or packer, mestically Bottled or Packed issue duplicate originals of certificates of label approval or of certificates of § 4.50 Certificates of label approval. exemption if wine under the same (a) No person shall bottle or pack brand is bottled or packed at more wine, other than wine bottled or than one plant by the same person, and packed in U.S. Customs custody, or re- if the necessity for the duplicate origi- move such wine from the plant where nals is shown and there is listed with bottled or packed, unless an approved the appropriate ATF officer the name certificate of label approval, ATF and address of the additional bottling Form 5100.31, is issued by the appro- or packing plant where the particular priate ATF officer. label is to be used. (b) Any bottler or packer of wine shall be exempt from the requirements Subpart G—Advertising of Wine of this section if upon application the bottler or packer shows to the satisfac- § 4.60 Application. tion of the appropriate ATF officer No person engaged in the business as that the wine to be bottled or packed is a producer, rectifier, blender, importer, not to be sold, offered for sale, or or wholesaler of wine, directly or indi- shipped or delivered for shipment, or rectly or through an affiliate, shall otherwise introduced in interstate or publish or disseminate or cause to be foreign commerce. Application for ex- published or disseminated by radio or emption shall be made on ATF Form television broadcast, or in any news- 5100.31 in accordance with instructions paper, periodical, or any publication, on the form. If the application is ap- by any sign or outdoor advertisement, proved, a certificate of exemption will or any other printed or graphic matter, be issued on the same form. any advertisement of wine, if such ad- (c) Cross reference. For procedures re- vertising is in, or is calculated to in- garding the issuance, denial, and rev- duce sale in, interstate or foreign com- ocation of certificates of label ap- merce, or is disseminated by mail, un- proval, and certificates of exemption less such advertisement is in con- from label approval, as well as appeal formity with §§ 4.60–4.65 of this part. procedures, see part 13 of this chapter. Provided, that such sections shall not [T.D. ATF–66, 45 FR 40546, June 13, 1980, as apply to outdoor advertising in place amended by T.D. ATF–94, 46 FR 55095, Nov. 6, on September 7, 1984, but shall apply 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986; upon replacement, restoration, or ren- T.D. ATF–344, 58 FR 40354, July 28, 1993; T.D. ovation of any such advertising; and ATF–406, 64 FR 2128, Jan. 13, 1999; T.D. ATF– provided further, that such sections 425, 65 FR 11891, Mar. 7, 2000] shall not apply to a retailer or the pub- § 4.51 Exhibiting certificates to Gov- lisher of any newspaper, periodical, or ernment officials. other publication, or radio or television broadcast, unless such retailer Any bottler or packer holding an or publisher or radio or television original or duplicate original of a cer- broadcaster is engaged in business as a tificate of label approval or a certifi- producer, rectifier, blender, importer, cate of exemption shall, upon demand, or wholesaler of wine, directly or indi- exhibit such certificate to a duly au- rectly, or through an affiliate. thorized representative of the United States Government. [T.D. ATF–180, 49 FR 31672, Aug. 8, 1984]

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§ 4.61 Definitions. information necessary is the name and As used in §§ 4.60 through 4.65 of this address of the responsible advertiser. This exception does not apply where part, the term advertisement includes any written or verbal statement, illus- only one type of wine is marketed tration, or depiction which is in, or cal- under the specific brand name adver- culated to induce sales in, interstate or tised. foreign commerce, or is disseminated (2) On consumer specialty items, the by mail, whether it appears in a news- only information necessary is the com- paper, magazine, trade booklet, menu, pany name or brand name of the prod- wine card, leaflet, circular, mailer, uct. book insert, catalog, promotional ma- [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as terial, sales pamphlet, or any written, amended by T.D. ATF–180, 49 FR 31672, Aug. printed, graphic, or other matter ac- 8, 1984] companying the container, representations made on cases, billboard, sign, or § 4.63 Legibility of mandatory informa- othe outdoor display, public transit tion. card, other periodical literature, publi- (a) Statements required under §§ 4.60 cation, or in a radio or television through 4.65 of this part to appear in broadcast, or in any other media; ex- any written, printed, or graphic adver- cept that such term shall not include: tisement shall be in lettering or type (a) Any label affixed to any container size sufficient to be conspicuous and of wine, or any individual covering, readily legible. carton, or other wrapper of such con- (b) In the case of signs, billboards, tainer which constitute a part of the and displays the name and address of labeling under provisions of §§ 4.30–4.39 the permittee responsible for the ad- of this part. vertisement may appear in type size of (b) Any editorial or other reading lettering smaller than the other man- material (i.e., news release) in any peri- datory information, provided such in- odical or publication or newspaper for formation can be ascertained upon the publication of which no money or closer examination of the sign or bill- valuable consideration is paid or prom- board. ised, directly or indirectly, by any per- (c) Mandatory information shall be mittee, and which is not written by or so stated as to be clearly a part of the at the direction of the permittee. advertisement and shall not be separated in any manner from the remain- [T.D. ATF–180, 49 FR 31672, Aug. 8, 1984] der of the advertisement. § 4.62 Mandatory statements. (d) Mandatory information for two or more products shall not be stated un- (a) Responsible advertiser. The adver- less clearly separated. tisement shall state the name and ad- (e) Mandatory information shall be dress of the permittee responsible for so stated in both the print and audio- its publication or broadcast. Street visual media that it will be readily ap- number and name may be omitted in parent to the persons viewing the ad- the address. vertisement. (b) Class, type, and distinctive designation. The advertisement shall contain a [T.D. ATF–180, 49 FR 31672, Aug. 8, 1984] conspicuous statement of the class, type, or distinctive designation to § 4.64 Prohibited practices. which the product belongs, cor- (a) Restrictions. The advertisement of responding with the statement of class, wine shall not contain: type, or distinctive designation which (1) Any statement that is false or un- is required to appear on the label of the true in any material particular, or product. that, irrespective of falsity, directly, or (c) Exception. (1) If an advertisement by ambiguity, omission, or inference, refers to a general wine line or all of or by the addition of irrelevant, sci- the wine products of one company, entific or technical matter tends to whether by the company name or by create a misleading impression. the brand name common to all the (2) Any statement that is disparaging wine in the line, the only mandatory of a competitor’s products.

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(3) Any statement, design, device, or bears the statement of alcohol content representation which is obscene or in- may be depicted in any advertising decent. media, or an actual wine bottle show- (4) Any statement, design, device, or ing the approved label bearing the representation of or relating to anal- statement of alcoholic content may be yses, standards, or tests, irrespective of displayed in any advertising media. falsity, which the appropriate ATF of- (9) Any word in the brand name or ficer finds to be likely to mislead the class and type designation which is the consumer. name of a distilled spirits product or (5) Any statement, design, device, or which simulates, imitates, or creates representation of or relating to any the impression that the wine so labeled guarantee, irrespective of falsity, is, or is similar to, any product cus- which the appropriate ATF officer tomarily made with a distilled spirits finds to be likely to mislead the con- base. sumer. Money-back guarantees are not (b) Statements inconsistent with label- prohibited. ing. (1) Advertisements shall not con- (6) Any statement that the wine is tain any statement concerning a brand produced, blended, bottled, packed, or or lot of wine that is inconsistent with sold under, or in accordance with, any any statement on the labeling thereof. municipal, State, or Federal Govern- (2) Any label depicted on a bottle in ment authorization, law, or regula- an advertisement shall be a reproductions; and if a municipal, State, or Fed- eral permit number is stated, the per- tion of an approved label. mit number shall not be accompanied (c) Statement of age. No statement of by any additional statement relating age or representation relative to age thereto. (including words or devices in any (7) Any statement of bonded brand name or mark) shall be made, ex- winecellar and bonded winery numbers cept (1) for vintage wine, in accordance unless stated in direct conjunction with the provisions of § 4.27; (2) ref- with the name and address of the per- erences in accordance with § 4.38(f); or son operating such winery or store- (3) use of the word ‘‘old’’ as part of a room. Statement of bonded winecellar brand name. and bonded winery numbers may be (d) Statement of bottling dates. The made in the following form: ‘‘Bonded statement of any bottling date shall Winecellar No. ll,’’ ‘‘Bonded Winery not be deemed to be a representation No. ll,’’ ‘‘B. W. C. No. ll,’’ ‘‘B. W. relative to age, if such statement ap- No. ll.’’ No additional reference pears without undue emphasis in the thereto shall be made, nor shall any following form: ‘‘Bottled in ll’’ (in- use be made of such statement that serting the year in which the wine was may convey the impression that the bottled). wine has been made or matured under (e) Statement of miscellaneous dates. No Government supervision or in accord- date, except as provided in paragraphs ance with Government specifications (c) and (d) of this section, with respect or standards. to statement of vintage year and bot- (8) Any statement, design, device, or tling date, shall be stated unless, in ad- representation which relates to alcohol dition thereto, and in direct conjunc- content or which tends to create the tion therewith, in the same size and impression that a wine: kind of printing there shall be stated (i) Contains distilled spirits; or an explanation of the significance of (ii) Is comparable to a distilled spirit; such date: Provided, That if any date or refers to the date of establishment of (iii) Has intoxicating qualities. any business, such date shall be stated However, if a statement of composition without undue emphasis and in direct is required to appear as the designation conjunction with the name of the per- of a product not defined in these regu- son to whom it refers. lations, such statement of composition (f) Flags, seals, coats of arms, crests, may include a reference to the type of and other insignia. No advertisement distilled spirits contained therein. Fur- shall contain any statement, design, ther, an approved wine label, which device, or pictorial representation of or

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relating to, or capable of being con- one issue of a periodical or newspaper, strued as relating to, the armed forces or in one piece of other written, print- of the United States, or of the Amer- ed, or graphic matter) if the advertise- ican flag, or of any emblem, seal, insig- ment tends to create the impression nia, or decoration associated with such that representations made as to one flag or armed forces; nor shall any ad- brand or lot apply to the other or oth- vertisement contain any statement, de- ers, and if as to such latter the rep- vice, design, or pictorial representation resentations contravene any provision of or concerning any flag, seal, coat of of §§ 4.60 through 4.64 or are in any re- arms, crest, or other insignia likely to spect untrue. mislead the consumer to believe that (k) Deceptive advertising techniques. the product has been endorsed, made, Subliminal or similar techniques are or used by, or produced for, or under prohibited. ‘‘Subliminal or similar the supervision of, or in accordance techniques,’’ as used in this part, refers with the specifications of the govern- to any device or technique that is used ment, organization, family, or indi- to convey, or attempts to convey, a vidual with whom such flag, seal, coat message to a person by means of im- of arms, crests, or insignia is associ- ages or sounds of a very brief nature ated. that cannot be perceived at a normal (g) Statements indicative of origin. No level of awareness. statement, design, device, or representation which tends to create the im- [T.D. 6521, 25 FR 13843, Dec. 29, 1960, as pression that the wine originated in a amended by T.D. 6976, 33 FR 15025, Oct. 8, particular place or region, shall appear 1968; T.D. ATF–53, 43 FR 37678, Aug. 23, 1978; in any advertisement unless the label T.D. ATF–180, 49 FR 31672, Aug. 8, 1984] of the advertised product bears an appellation of origin, and such appella- § 4.65 Comparative advertising. tion of origin appears in the advertise- (a) General. Comparative adverstising ment in direct conjunction with the shall not be disparaging of a competi- class and type designation. tor’s product. (h) Use of the word ‘‘importer’’ or simi- (b) Taste tests. (1) Taste test results lar words. The word importer or similar may be used in advertisements com- words shall not appear in advertise- paring competitors’ products unless ments of domestic wine except as part they are disparaging, deceptive, or of the bona fide name of the permittee likely to mislead the consumer. by or for whom, or of a retailer for (2) The taste test procedure used whom, such wine is bottled, packed or shall meet scientifically accepted pro- distributed: Provided, That in all cases cedures. An example of a scientifically where such words are used as part of accepted procedure is outlined in the such name, there shall be stated the Manual on Sensory Testing Methods, words ‘‘Product of the United States’’ ASTM Special Technical Publication or similar words to negate any impres- 434, published by the American Society sion that the product is imported, and for Testing and Materials, 1916 Race such negating statements shall appear Street, Philadelphia, Pennsylvania in the same size and kind of printing as 19103, ASTM, 1968, Library of Congress such name. (i) Curative and thereapeutic claims. Catalog Card Number 68–15545. Advertisements shall not contain any (3) A statement shall appear in the statement, design, representation, pic- advertisement providing the name and torial representation, or device rep- address of the testing administrator. resenting that the use of wine has cu- [T.D. ATF–180, 49 FR 31673, Aug. 8, 1984] rative or therapeutic effects if such statement is untrue in any particular or tends to create a misleading impres- Subpart H—Standards of Fill for sion. Wine (j) Confusion of brands. Two or more different brands or lots of wine shall § 4.70 Application. not be advertised in one advertisement (a) Except as provided in paragraph (or in two or more advertisements in (b) of this section, no person engaged in

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business as a producer, rectifier, blend- (3) Headspace. It shall be made and er, importer, or wholesaler of wine, di- filled as to have a headspace not in ex- rectly or indirectly or through an affil- cess of 6 percent of its total capacity iate, shall sell or ship or deliver for after closure if the net content of the sale or shipment, or otherwise intro- container is 187 milliliters or more, and duce in interstate or foreign com- a headspace not in excess of 10 percent merce, or receive therein, or remove of such capacity in the case of all other from customs custody, any wine unless containers. such wine is bottled or packed in the standard wine containers herein pre- [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974] scribed. (b) Sections 4.70 through 4.73 do not § 4.72 Standards of fill. apply to: (a) The standards of fill for wine shall (1) Sake; be the following, subject to the toler- (2) Wine packed in containers of 18 li- ances hereinafter allowed: ters or more; (1) For all wines: (3) Imported wine in the original con- 4.9 gallons. 1 pint. tainers in which entered customs cus- 3 gallons. 4⁄5 pint. tody if the wine was bottled or packed 1 gallon. 1⁄2 pint. before January 1, 1979; or 4⁄5 gallon. 2⁄5 pint. (4) Wine domestically bottled or 1⁄2 gallon. 4 ounces. packed, either in or out of customs cus- 2⁄5 gallon. 3 ounces. tody, before October 24, 1943, if the con- 1 quart. 2 ounces. 4⁄5 quart. tainer, or the label on the container, bears a conspicuous statement of the (2) In addition, for aperitif wines net contents, and if the actual capacity only: 15⁄16 quart: of the container is not substantially (b) The tolerances in fill shall be the less than the apparent capacity upon same as are allowed by § 4.37 in respect visual examination under ordinary con- to statement of net contents upon la- ditions of purchase or use. bels. (c) Section 4.73 does not apply to (c) This section does not apply after wine domestically bottled or packed, December 31, 1978. either in or out of customs custody, before January 1, 1979, if the wine was [T.D. ATF–12, 39 FR 45223, Dec. 31, 1974, as bottled or packed according to the amended by T.D. ATF–76, 46 FR 1727, Jan. 7, 1981] standards of fill prescribed by § 4.72. [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as § 4.73 Metric standards of fill. amended by T.D. ATF–49, 43 FR 19848, May 9, (a) Authorized standards of fill. The 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981] standards of fill for wine are the fol- § 4.71 Standard wine containers. lowing: (a) A standard wine container shall 3 liters. 375 milliliters. 1.5 liters. 187 milliliters. be made, formed and filled to meet the 1 liter. 100 milliliters. following specifications: 750 milliliters. 50 milliliters. (1) Design. It shall be so made and 500 milliliters. formed as not to mislead the purchaser. Wine containers shall be held (b) Sizes larger than 3 liters. Wine may (irrespective of the correctness of the be bottled or packed in containers of 4 net contents specified on the label) to liters or larger if the containers are be so made and formed as to mislead filled and labeled in quantities of even the purchaser if the actual capacity is liters (4 liters, 5 liters, 6 liters, etc.). substantially less than the apparent (c) Tolerances. The tolerances in fill capacity upon visual examination are the same as are allowed by § 4.37 in under ordinary conditions of purchase respect to statement of net contents on or use; and labels. (2) Fill. It shall be so filled as to con- [T.D. ATF–12, 39 FR 45223, Dec. 31, 1974, as tain the quantity of wine specified in amended by T.D. ATF–49, 43 FR 19848, May 9, one of the standards of fill prescribed 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981; in § 4.72 or § 4.73; and T.D. ATF–303, 55 FR 42713, Oct. 23, 1990]

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Subpart I—General Provisions Carmine Carnelian § 4.80 Exports. Cascade Castel 19–637 The regulations in this part shall not Catawba apply to wine exported in bond. Cayuga White Centurion Chambourcin Subpart J—American Grape Chancellor Variety Names Charbono Chardonel SOURCE: T.D. ATF–370, 61 FR 539, Jan. 8, Chardonnay ´ 1996, unless otherwise noted. Chasselas dore Chelois § 4.91 List of approved prime names. Chenin blanc Chief The following grape variety names Chowan have been approved by the Director for Cinsaut (Black Malvoisie) use as type designations for American Clairette blanche wines. When more than one name may Clinton be used to identify a single variety of Colombard (French Colombard) Colobel grape, the synonym is shown in paren- Cortese theses following the prime grape Corvina names. Grape variety names may ap- Concord pear on labels of wine in upper or in Conquistador lower case, and may be spelled with or Couderc noir without the hyphens or diacritic marks Counoise indicated in the following list. Cowart Creek Aglianico Cynthiana (Norton) Agwam Dearing Albemarle De Chaunac Aleatico Delaware Alicante Bouschet Diamond Aligote´ Dixie Alvarelha˜ o Dolcetto Arneis Doreen Aurore Dornfelder Bacchus Dulcet Baco blanc Durif Baco noir Dutchess Barbera Early Burgundy Beacon Early Muscat Beclan Edelweiss Bellandais Eden Beta Ehrenfelser Black Pearl Ellen Scott Blanc Du Bois Elvira Blue Eye Emerald Riesling Bonarda Feher Szagos Bountiful Ferna˜ o Pires Burdin 4672 Fern Munson Burdin 5201 Flame Tokay Burdin 11042 Flora Burgaw Florental Burger Folle blanche Cabernet franc Fredonia Cabernet Pfeffer Freisa Cabernet Sauvignon Fry Calzin Furmint Campbell Early (Island Belle) Gamay noir Canada Muscat Garronet Captivator Gewu¨ rztraminer Carignane Gladwin 113 Carlos Glennel Carmene`re Gold

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Golden Isles Orange Muscat Golden Muscat Palomino Grand Noir Pamlico Green Hungarian Pedro Ximenes Grenache Petit Verdot Grignolino Petite Sirah Grillo Peverella Gros Verdot Pinotage Helena Pinot blanc Herbemont Pinot gris (Pinot Grigio) Higgins Pinot noir Horizon Precoce de Malingre Hunt Pride Iona Primitivo Isabella Rayon d’Or Ives Ravat 34 James Ravat 51 (Vignoles) Jewell Ravat noir Joannes Seyve 12–428 Redgate Joannes Seyve 23–416 Regale Kerner Riesling (White Riesling) Kay Gray Rkatziteli (Rkatsiteli) Kleinberger Roanoke LaCrosse Rosette Lake Emerald Roucaneuf Lambrusco Rougeon Landal Roussanne Landot noir Royalty Lenoir Rubired Le´on Millot Ruby Cabernet Limberger (Lemberger) St. Croix Madeline Angevine St. Laurent Magnolia Saint Macaire Magoon Salem Malbec Salvador Malvasia bianca Sangiovese Mare´chal Foch Sauvignon blanc (Fume´ blanc) Marsanne Scarlet Melody Scheurebe Melon de Bourgogne (Melon) Se´millon Merlot Sereksiya Meunier (Pinot Meunier) Seyval (Seyval blanc) Mish Siegerrebe Mission Siegfried Missouri Riesling Southland Mondeuse (Refosco) Souza˜ o Montefiore Steuben Moore Early Stover Morio-Muskat Sugargate Mourve`dre (Mataro) Sultanina (Thomspon Seedless) Mu¨ ller-Thurgau Summit Mu¨ nch Suwannee Muscadelle Sylvaner Muscat blanc (Muscat Canelli) Symphony Muscat du Moulin Syrah (Shiraz) Muscat Hamburg (Black Muscat) Swenson Red Muscat of Alexandria Tarheel Muscat Ottonel Taylor Naples Tempranillo (Valdepen˜ as) Nebbiolo Teroldego Ne´grette Thomas New York Muscat Thompson Seedless (Sultanina) Niagara Tinta Madeira Noah Tinto ca˜ o Noble Tocai Friulano Norton (Cynthiana) Topsail Ontario Touriga

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Traminer left column may only be used for wine Traminette bottled prior to the date indicated. Trousseau (a) Wines bottled prior to January 1, Trousseau gris Ugni blanc (Trebbiano) 1997. ´ Valdiguie Alternative Name/Prime Name Valerien Van Buren Baco 1—Baco noir Veeblanc Baco 22A—Baco blanc Veltliner Bastardo—Trousseau Ventura Black Spanish—Lenoir Verdelet Burdin 7705—Florental Verdelho Cayuga—Cayuga White Vidal blanc Chancellor noir—Chancellor Villard blanc Chasselas—Chasselas dore´ Villard noir Chevrier—Se´millon Vincent Chelois noir—Chelois Viognier Couderc 71–20—Couderc noir Vivant Couderc 299–35—Muscat du Moulin Welsch Rizling Foch—Mare´chal Foch Watergate Franken Riesling—Sylvaner Welder Gutedel—Chasselas dore´ Yuga Ives Seedling—Ives Zinfandel Jacquez—Lenoir [T.D. ATF–370, 61 FR 539, Jan. 8, 1996, as Joannes Seyve 26–205—Chambourcin amended by T.D. ATF–417, 64 FR 49388, Sept. Landot 244—Landal 13, 1999; T.D. ATF–433, 65 FR 78096, Dec. 14, Landot 4511—Landot noir 2000; T.D. ATF–466, 66 FR 49280, Sept. 27, 2001] Millot—Leon Millot Moore’s Diamond—Diamond EFFECTIVE DATE NOTE: By T.D. ATF–475, 67 Norton Seedling—Norton FR 11918, Mar. 18, 2002, § 4.91 was amended by Pfeffer Cabernet—Cabernet Pfeffer adding the names ‘‘Albarin˜ o’’, ‘‘Alvarinho’’, Pineau de la Loire—Chenin blanc ‘‘Black Corinth’’, and ‘‘Fiano’’ in alphabet- Pinot Chardonnay—Chardonnay ical order, to the list of prime grape names, Ravat 262—Ravat noir effective May 17, 2002. For the convenience of Rula¨ nder—Pinot gris the user, the additions are set forth as fol- Seibel 128—Salvador lows: Seibel 1000—Rosette Seibel 4986—Rayon d’Or § 4.91 List of approved prime names. Seibel 5279—Aurore Seibel 5898—Rougeon * * * * * Seibel 7053—Chancellor Seibel 8357—Colobel Albarin˜ o (Alvarinho) Seibel 9110—Verdelet Seibel 9549—De Chaunac * * * * * Seibel 10878—Chelois Seibel 13053—Cascade Alvarinho (Albarin˜ o) Seibel 14596—Bellandais Seyve-Villard 5–276—Seyval * * * * * Seyve-Villard 12–309—Roucaneuf Seyve-Villard 12–375—Villard blanc Black Corinth Seyve-Villard 18–283—Garronet Seyve-Villard 18–315—Villard noir * * * * * Seyve-Villard 23–410—Valerien Sweetwater—Chasselas dore´ Fiano Verdelet blanc—Verdelet Vidal 256—Vidal blanc * * * * * Virginia Seedling—Norton Wa¨ lschriesling—Welsch Rizling § 4.92 Alternative names permitted for Welschriesling—Welsch Rizling temporary use. (b) Wines bottled prior to January 1, 1999. The following alternative names Alternative Name/Prime Name shown in the left column may be used Cabernet—Cabernet Sauvignon as the type designation for American Grey Riesling—Trousseau gris wine in lieu of the prime name of the Muscat Frontignan—Muscat blanc grape variety shown in the right col- Muscat Pantelleria—Muscat of Alexandria umn. Alternative names listed in the Napa Gamay—Valdiquie´

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Pinot Saint George—Ne´grette (e) The Director shall publish the list Sauvignon vert—Muscadelle of approved grape variety names at (c) Wines bottled prior to January 1, least annually in the FEDERAL REG- 2006. ISTER. Alternative Name/Prime Name (Approved by the Office of Management and Budget under Control Number 1512–0513) Johannisberg Riesling—Riesling [T.D. ATF–370, 61 FR 539, Jan. 8, 1996, as PART 5—LABELING AND amended by T.D. ATF–417, 64 FR 49388, Sept. 13, 1999] ADVERTISING OF DISTILLED SPIRITS

§ 4.93 Approval of grape variety Subpart A—Scope names. Sec. (a) Any interested person may peti- 5.1 General. tion the Director for the approval of a 5.2 Related regulations. grape variety name. The petition may 5.3 Forms prescribed. be in the form of a letter and should 5.4 Delegations of the Director. provide evidence of the following— (1) Acceptance of the new grape vari- Subpart B—Definitions ety, (2) The validity of the name for iden- 5.11 Meaning of terms. tifying the grape variety, (3) That the variety is used or will be Subpart C—Standards of Identity for used in winemaking, and Distilled Spirits (4) That the variety is grown and 5.21 Application of standards. used in the United States. 5.22 The standards of identity. (b) For the approval of names of new 5.23 Alteration of class and type. grape varieties, documentation submitted with the petition to establish Subpart Ca—Formulas the items in paragraph (a) of this section may include— 5.25 Application. (1) reference to the publication of the 5.26 Formula requirements. name of the variety in a scientific or 5.27 Formulas. professional journal of horticulture or 5.28 Adoption of predecessor’s formulas. a published report by a professional, scientific or winegrowers’ organization, Subpart D—Labeling Requirements for (2) reference to a plant patent, if so Distilled Spirits patented, and 5.31 General. (3) information pertaining to the 5.32 Mandatory label information. commercial potential of the variety, 5.33 Additional requirements. such as the acreage planted and its lo- 5.34 Brand names. cation or market studies. 5.35 Class and type. (c) The Director will not approve a 5.36 Name and address. grape variety name if: 5.37 Alcohol content. (1) The name has previously been 5.38 Net contents. used for a different grape variety; 5.39 Presence of neutral spirits and color- (2) The name contains a term or ing, flavoring, and blending materials. name found to be misleading under 5.40 Statements of age and percentage. § 4.39; or 5.41 Bottle cartons, booklets and leaflets. (3) The name of a new grape variety 5.42 Prohibited practices. contains the term ‘‘Riesling.’’ (d) For new grape varieties developed Subpart E—Standards of Fill for Bottled in the United States, the Director may Distilled Spirits determine if the use of names which 5.45 Application. contain words of geographical signifi- 5.46 Standard liquor bottles. cance, place names, or foreign words 5.47 Standards of fill (distilled spirits bot- are misleading under § 4.39. The Direc- tled before January 1, 1980). tor will not approve the use of a grape 5.47a Metric standards of fill (distilled spir- variety name found to be misleading. its bottled after December 31, 1979).

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