Alcohol and Tobacco Tax and Trade Bureau, Treasury § 4.63

Alcohol and Tobacco Tax and Trade Bureau, Treasury Pt. 4

§ 1.84 Acquisition of distilled spirits in Subpart B—Definitions bulk by Government agencies. 4.10 Meaning of terms. Any agency of the United States, or of any State or political subdivision Subpart C—Standards of Identity for Wine thereof, may acquire or receive in 4.20 Application of standards. bulk, and warehouse and bottle, im- 4.21 The standards of identity. ported and domestic distilled spirits in 4.22 Blends, cellar treatment, alteration of conformity with the internal revenue class or type. laws. 4.23 Varietal (grape type) labeling. 4.24 Generic, semi-generic, and non-generic WAREHOUSE RECEIPTS designations of geographic significance. 4.25 Appellations of origin. § 1.90 Distilled spirits in bulk. 4.26 Estate bottled. 4.27 Vintage wine. By the terms of the Act (27 U.S.C. 4.28 Type designations of varietal signifi- 206), all warehouse receipts for distilled cance. spirits in bulk must require that the warehouseman shall package such dis- Subpart D—Labeling Requirements for tilled spirits, before delivery, in bottles Wine labeled and marked in accordance with law, or deliver such distilled spirits in 4.30 General. 4.32 Mandatory label information. bulk only to persons to whom it is law- 4.32a Voluntary disclosure of major food al- ful to sell or otherwise dispose of dis- lergens. tilled spirits in bulk. 4.32b Petitions for exemption from major food allergen labeling. § 1.91 Bottled distilled spirits. 4.33 Brand names. The provisions of the Act, which for- 4.34 Class and type. 4.35 Name and address. bid any person to sell, offer to sell, con- 4.36 Alcoholic content. tract to sell, or otherwise dispose of 4.37 Net contents. warehouse receipts for distilled spirits 4.38 General requirements. in bulk, do not apply to warehouse re- 4.38a Bottle cartons, booklets and leaflets. ceipts for bottled distilled spirits. 4.39 Prohibited practices. CROSS REFERENCE: For labeling of distilled Subpart E—Requirements for Withdrawal of spirits, see part 5 of this chapter. Wine From Customs Custody SALES OF DISTILLED SPIRITS FOR 4.40 Label approval and release. INDUSTRIAL USE 4.45 Certificates of origin, identity and proper cellar treatment. § 1.95 General. Subpart F—Requirements for Approval of Distillers, rectifiers, and other per- Labels of Wine Domestically Bottled or mittees engaged in the sale or other Packed disposition of distilled spirits for nonindustrial use shall not sell or other- 4.50 Certificates of label approval. wise dispose of distilled spirits in bulk 4.51 Exhibiting certificates to Government (other than alcohol) for industrial use, officials. unless such distilled spirits are shipped 4.52 Photoprints. or delivered directly to the industrial 4.53 Retention of certificates. user thereof. Subpart G—Advertising of Wine PART 4—LABELING AND 4.60 Application. 4.61 Definitions. ADVERTISING OF WINE 4.62 Mandatory statements. 4.63 Legibility of mandatory information. Subpart A—Scope 4.64 Prohibited practices. 4.65 Comparative advertising. Sec. 4.1 General. Subpart H—Standards of Fill for Wine 4.2 Territorial extent. 4.3 Forms prescribed. 4.70 Application. 4.4 Delegations of the Administrator. 4.71 Standard wine containers. 4.5 Related regulations. 4.72 Metric standards of fill.

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Subpart I—General Provisions § 4.4 Delegations of the Administrator. 4.80 Exports. Most of the regulatory authorities of the Administrator contained in this Subpart J—American Grape Variety part are delegated to appropriate TTB Names officers. These TTB officers are specified in TTB Order 1135.4, Delegation of 4.91 List of approved prime names. the Administator’s Authorities in 27 4.92 Alternative names permitted for tem- CFR Part 4, Labeling and Advertising porary use. of Wine. You may obtain a copy of this 4.93 Approval of grape variety names. order by accessing the TTB Web site (http://www.ttb.gov) or by mailing a re- Subpart K—Use of the Term ‘‘Organic’’ quest to the Alcohol and Tobacco Tax 4.101 Use of the term ‘‘organic.’’ and Trade Bureau, National Revenue Center, 550 Main Street, Room 1516, AUTHORITY: 27 U.S.C. 205, unless otherwise Cincinnati, OH 45202. noted. [T.D. TTB–44, 71 FR 16920, Apr. 4, 2006] SOURCE: T.D. 6521, 25 FR 13835, Dec. 29, 1960, unless otherwise noted. § 4.5 Related regulations. EDITORIAL NOTE: Nomenclature changes to The following regulations also relate part 4 appear by T.D. ATF–425, 65 FR 11890, to this part: Mar. 7, 2000. 7 CFR Part 205—National Organic Program 27 CFR Part 1—Basic Permit Requirements Subpart A—Scope Under the Federal Alcohol Administration Act, Nonindustrial Use of Distilled Spirits § 4.1 General. and Wine, Bulk Sales and Bottling of Dis- The regulations in this part relate to tilled Spirits the labeling and advertising of wine. 27 CFR Part 5—Labeling and Advertising of Distilled Spirits § 4.2 Territorial extent. 27 CFR Part 7—Labeling and Advertising of Malt Beverages This part applies to the several 27 CFR Part 9—American Viticultural Areas States of the United States, the Dis- 27 CFR Part 12—Foreign Nongeneric Names trict of Columbia, and Puerto Rico. of Geographic Significance Used in the Designation of Wines § 4.3 Forms prescribed. 27 CFR Part 13—Labeling Proceedings 27 CFR Part 16—Alcoholic Beverage Health (a) The appropriate TTB officer is au- Warning Statement thorized to prescribe all forms required 27 CFR Part 24—Wine by this part. All of the information 27 CFR Part 26—Liquors and Articles From called for in each form shall be fur- Puerto Rico and the Virgin Islands 27 CFR Part 27—Importation of Distilled nished as indicated by the headings on Spirits, Wines, and Beer the form and the instructions on or 27 CFR Part 28—Exportation of Alcohol pertaining to the form. In addition, in- 27 CFR Part 71—Rules of Practice in Permit formation called for in each form shall Proceedings be furnished as required by this part. [T.D. ATF–483, 67 FR 62857, Oct. 8, 2002, as The form will be filed in accordance amended by T.D. TTB–8, 69 FR 3829, Jan. 27, with the instructions for the form. 2004; T.D. TTB–91, 76 FR 5476, Feb. 1, 2011] (b) Forms prescribed by this part are available for printing through the TTB Subpart B—Definitions Web site (http://www.ttb.gov) or by mailing a request to the Alcohol and To- § 4.10 Meaning of terms. bacco Tax and Trade Bureau, National As used in this part, unless the con- Revenue Center, 550 Main Street, Room text otherwise requires, terms shall 1516, Cincinnati, OH 45202. have the meaning ascribed in this part. [T.D. ATF–92, 46 FR 46911, Sept. 23, 1981, as Act. The Federal Alcohol Administra- amended by T.D. ATF–249, 52 FR 5955, Feb. tion Act. 27, 1987; T.D. 372, 61 FR 20723, May 8, 1996; Added brandy. Brandy or wine spirits T.D. ATF–425, 65 FR 11890, Mar. 7, 2000; T.D. for use in fortification of wine as per- TTB–44, 71 FR 16920, Apr. 4, 2006] mitted by internal revenue law.

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Administrator. The Administrator, Al- Packer. Any person who places wine cohol and Tobacco Tax and Trade Bu- in containers in excess of four liters. reau, Department of the Treasury, (See meaning for ‘‘container’’ and Washington, DC. ‘‘bottler’’.) Advertisement. See § 4.61 for meaning Percent or percentage. Percent by vol- of term as used in subpart G of this ume. part. Permittee. Any person holding a basic Alcohol. Ethyl alcohol distilled at or permit under the Federal Alcohol Ad- above 190° proof. ministration Act. American. The several States, the Person. Any individual, partnership, District of Columbia, and Puerto Rico; joint-stock company, business trust, ‘‘State’’ includes the District of Colum- association, corporation, or other form bia and Puerto Rico. of business enterprise, including a re- Appropriate TTB officer. An officer or ceiver, trustee, or liquidating agent, employee of the Alcohol and Tobacco and including an officer or employee of Tax and Trade Bureau (TTB) author- any agency of a State or political sub- ized to perform any functions relating division thereof. to the administration or enforcement Pure condensed must. The dehydrated of this part by TTB Order juice or must of sound, ripe grapes, or 1135.4,Delegation of the Administra- other fruit or agricultual products, tor’s Authorities in 27 CFR part 4, La- concentrated to not more than 80° beling and Advertising of Wine. (Balling), the composition thereof re- Bottler. Any person who places wine maining unaltered except for removal in containers of four liters or less. (See of water. meaning for ‘‘containers’’ and ‘‘pack- Restored pure condensed must. Pure er’’.) condensed must to which has been Brand label. The label carrying, in added an amount of water not exceed- the usual distinctive design, the brand ing the amount removed in the dehy- name of the wine. dration process. Container. Any bottle, barrel, cask, or Sugar. Pure cane, beet, or dextrose other closed receptacle irrespective of sugar in dry for containing, respec- size or of the material from which tively, not less than 95 percent of ac- made for use for the sale of wine at re- tual sugar calculated on a dry basis. tail. (See meaning for ‘‘bottler’’ and Total solids. The degrees Brix of the ‘‘packer’’.) dealcoholized wine restored to its Customs officer. An officer of U.S. Cus- original volume. toms and Border Protection (CBP) or Trade buyer. Any person who is a any agent or other person authorized wholesaler or retailer. by law to perform the duties of such an United States. The several States, the officer. District of Columbia, and Puerto Rico; Gallon. A U.S. gallon of 231 cubic the term ‘‘State’’ includes the District inches of alcoholic beverages at 60 °F. of Columbia and Puerto Rico. Interstate or foreign commerce. Com- Use of other terms. Any other term de- merce between any State and any place fined in the Federal Alcohol Adminis- outside thereof, or commerce within tration Act and used in this part shall any Territory or the District of Colum- have the same meaning assigned to it bia, or between points within the same by the Act. State but through any place outside Wine. (1) Wine as defined in section thereof. 610 and section 617 of the Revenue Act Liter or litre. (a) A metric unit of ca- of 1918 (26 U.S.C. 5381–5392), only if for pacity equal to 1,000 cubic centimeters nonindustrial use and containing not and equivalent to 33.814 U.S. fluid less than 7 percent and not more than ounces. For purposes of this part, a 24 percent of alcohol by volume; and liter is subdivided into 1,000 milliliters (2) Other alcoholic beverages not so (ml). defined, but made in the manner of (b) For purposes of regulation, one wine, including sparkling and carbon- liter of wine is defined as that quantity ated wine, wine made from condensed (mass) of wine occupying a one-liter grape must, wine made from other ag- volume at 20 °Celsius (68 °F). ricultural products than the juice of

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sound, ripe grapes, imitation wine, by volume, or a natural acid content, if compounds sold as wine, vermouth, water has been added, of less than 5 cider, perry, and sake, only if for non- parts per thousand, or a total solids industrial use and containing not less content of more than 22 grams per 100 than 7 percent and not more than 24 cubic centimeters. percent of alcohol by volume. (ii) By adding, separately or in com- [T.D. ATF–48, 43 FR 13532, Mar. 31, 1978, as bination, not more than 20 percent by amended by T.D. ATF–49, 43 FR 19848, May 9, weight of dry sugar, or not more than 1978; T.D. ATF–53, 43 FR 37675, Aug. 23, 1978; 10 percent by weight of water. 44 FR 55838, Sept. 29, 1979; T.D. ATF–66, 45 FR (iii) In the case of domestic wine, in 40544, June 13, 1980; T.D. ATF–94, 46 FR 55095, accordance with 26 U.S.C. 5383. Nov. 6, 1981; T.D. ATF–299, 55 FR 24988, June (iv) The maximum volatile acidity, 19, 1990; T.D. ATF–425, 65 FR 11891, Mar. 7, 2000; T.D. TTB–44, 71 FR 16921, Apr. 4, 2006; calculated as acetic acid and exclusive T.D. TTB–91, 76 FR 5476, Feb. 1, 2011; T.D. of sulfur dioxide is 0.14 gram per 100 TTB–145, 81 FR 94196, Dec. 22, 2016] mL (20 °C) for natural red wine and 0.12 gram per 100 mL (20 °C) for other grape Subpart C—Standards of Identity wine: Provided, That the maximum for Wine volatile acidity for wine produced from unameliorated juice of 28 or more de- § 4.20 Application of standards. grees Brix is 0.17 gram per 100 milli- The standards of identity for the sev- liters for red wine and 0.15 gram per 100 eral classes and types of wine set forth milliliters for white wine. Grape wine herein shall be applicable to all regula- deriving its characteristic color or lack tions and permits issued under the act. of color from the presence or absence of Whenever any term for which a stand- the red coloring matter of the skins, ard of identity has been established juice, or pulp of grapes may be des- herein is used in any such regulation or ignated as ‘‘red wine,’’ ‘‘pink (or rose) permit, such term shall have the mean- wine,’’ ‘‘amber wine,’’ or ‘‘white wine’’ ing assigned to it by such standard of as the case may be. Any grape wine identity. containing no added grape brandy or alcohol may be further designated as § 4.21 The standards of identity. ‘‘natural.’’ Standards of identity for the several (2) Table wine is grape wine having an classes and types of wine set forth in alcoholic content not in excess of 14 this part shall be as follows: percent by volume. Such wine may also (a) Class 1; grape wine—(1) Grape wine be designated as ‘‘light wine,’’ ‘‘red is wine produced by the normal alco- table wine,’’ ‘‘light white wine,’’ holic fermentation of the juice of ‘‘sweet table wine,’’ etc., as the case sound, ripe grapes (including restored may be. or unrestored pure condensed grape (3) Dessert wine is grape wine having must), with or without the addition, an alcoholic content in excess of 14 per- after fermentation, of pure condensed cent but not in excess of 24 percent by grape must, and with or without added volume. Dessert wine having the taste, grape brandy or alcohol, but without aroma and characteristics generally at- other addition or abstraction except as tributed to sherry and an alcoholic may occur in cellar treatment: Pro- content, derived in part from added vided, That the product may be amelio- grape brandy or alcohol, of not less rated before, during or after fermenta- than 17 percent by volume, may be des- tion by either of the following meth- ignated as ‘‘sherry’’. Dessert wines ods: having the taste, aroma and character- (i) By adding, separately or in com- istics generally attributed to angelica, bination, dry sugar, or such an amount madeira, muscatel and port and an al- of sugar and water solution as will not coholic content, derived in part from increase the volume of the resulting added grape brandy or alcohol, of not product more than 35 percent; but in no less than 18 percent by volume, may be event shall any product so ameliorated designated as ‘‘angelica,’’ ‘‘madeira,’’ have an alcoholic content derived by ‘‘muscatel,’’ or ‘‘port’’ respectively. fermentation, of more than 13 percent Dessert wines having the taste, aroma,

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and characteristics generally attrib- will evaluate each label for legibility uted to any of the above products and and clarity, based on such factors as an alcoholic content, derived in part type size and style for all components from added grape brandy or alcohol, in of the further designation and the op- excess of 14 percent by volume but, in tional term ‘‘charmat method’’ or the case of sherry, less than 17 percent, ‘‘charmat process,’’ as well as the con- or, in other cases, less than 18 percent trast between the lettering and its by volume, may be designated as ‘‘light background, and the placement of in- sherry,’’ ‘‘light angelica,’’ ‘‘light ma- formation on the label. deira,’’ ‘‘light muscatel’’ or ‘‘light (iii) Notwithstanding the provisions port,’’ respectively. of paragraphs (b)(3)(i)(A), (B) and (C) of (b) Class 2; sparkling grape wine. (1) this section, the appropriate TTB offi- Sparkling grape wine (including ‘‘spar- cer may authorize the use of a term on kling wine,’’ ‘‘sparkling red wine’’ and sparkling wine labels, as an alternative ‘‘sparkling white wine’’) is grape wine to those terms authorized in paragraph made effervescent with carbon dioxide (b)(3)(i) of this section, but not in lieu resulting solely from the fermentation of the required class designation of the wine within a closed container, ‘‘sparkling wine,’’ upon a finding that tank or bottle. such term adequately informs the con- (2) Champagne is a type of sparkling sumer about the method of production light wine which derives its effer- of the sparkling wine. vescence solely from the secondary fer- (4) Crackling wine, petillant wine, mentation of the wine within glass frizzante wine (including cremant, containers of not greater than one gal- perlant, reciotto, and other similar lon capacity, and which possesses the wine) is sparkling light wine normally taste, aroma, and other characteristics less effervescent than champagne or attributed to champagne as made in other similar sparkling wine, but con- the champagne district of France. taining sufficient carbon dioxide in so- (3)(i) A sparkling light wine having lution to produce, upon pouring under the taste, aroma, and characteristics normal conditions, after the disappear- generally attributed to champagne but ance of air bubbles, a slow and steady not otherwise conforming to the stand- effervescence evidenced by the forma- ard for ‘‘champagne’’ may, in addition tion of gas bubbles flowing through the to but not in lieu of the class designa- wine. Crackling wine which derives its tion ‘‘sparkling wine,’’ be further des- effervescence from secondary fer- ignated as: mentation in containers greater than (A) ‘‘Champagne style;’’ or 1-gallon capacity shall be designated (B) ‘‘Champagne type;’’ or ‘‘crackling wine—bulk process,’’ and (C) ‘‘American (or New York State, the words ‘‘bulk process’’ shall appear Napa Valley, etc.) champagne,’’ along in lettering of substantially the same with one of the following terms: ‘‘Bulk size as the words ‘‘crackling wine.’’ process,’’ ‘‘fermented outside the bot- (c) Class 3; carbonated grape wine. tle,’’ ‘‘secondary fermentation outside ‘‘Carbonated grape wine’’ (including the bottle,’’ ‘‘secondary fermentation ‘‘carbonated wine,’’ ‘‘carbonated red before bottling,’’ ‘‘not fermented in the wine,’’ and ‘‘carbonated white wine’’) is bottle,’’ or ‘‘not bottle fermented.’’ The grape wine made effervescent with car- term ‘‘charmat method’’ or ‘‘charmat bon dioxide other than that resulting process’’ may be used as additional in- solely from the secondary fermentation formation. of the wine within a closed container, (ii) Labels shall be so designed that tank or bottle. all the words in such further designa- (d) Class 4; citrus wine. (1)(i) Citrus tion are readily legible under ordinary wine or citrus fruit wine is wine pro- conditions and are on a contrasting duced by the normal alcoholic fer- background. In the case of paragraph mentation of the juice of sound, ripe (b)(3)(i)(C) of this section, TTB will citrus fruit (including restored or consider whether the label as a whole unrestored pure condensed citrus provides the consumer with adequate must), with or without the addition, information about the method of pro- after fermentation, of pure condensed duction and origin of the wine. TTB citrus must, and with or without added

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citrus brandy or alcohol, but without dioxide resulting solely from the sec- any other addition or abstraction ex- ondary fermentation of the wine within cept as may occur in cellar treatment: a closed container, tank, or bottle shall Provided, That a domestic product may be further designated as ‘‘sparkling’’; be ameliorated or sweetened in accord- and citrus wine rendered effervescent ance with the provisions of 26 U.S.C. by carbon dioxide otherwise derived 5384 and any product other than domes- shall be further designated as ‘‘carbon- tic may be ameliorated before, during, ated.’’ or after fermentation by adding, sepa- (e) Class 5; fruit wine. (1)(i) Fruit wine rately or in combination, dry sugar, or is wine (other than grape wine or citrus such an amount of sugar and water so- wine) produced by the normal alcoholic lution as will not increase the volume fermentation of the juice of sound, ripe of the resulting product more than 35 fruit (including restored or unrestored percent, or in the case of products pro- pure condensed fruit must), with or duced from citrus fruit having a nor- without the addition, after fermenta- mal acidity of 20 parts or more per tion, of pure condensed fruit must, and thousand, not more than 60 percent, with or without added fruit brandy or but in no event shall any product so alcohol, but without other addition or ameliorated have an alcoholic content, abstraction except as may occur in cel- derived by fermentation, of more than lar treatment: Provided, That a domes- 14 percent by volume, or a natural acid tic product may be ameliorated or content, if water has been added, of sweetened in accordance with the pro- less than 5 parts per thousand, or a visions of 26 U.S.C. 5384 and any prod- total solids content or more than 22 uct other than domestic may be ame- grams per 100 cubic centimeters. liorated before, during, or after fer- (ii) The maximum volatile acidity, mentation by adding, separately or in calculated as acetic acid and exclusive combination, dry sugar, or such an of sulfur dioxide, shall not be, for nat- amount of dry sugar and water solution ural citrus wine, more than 0.14 gram, as will increase the volume of the re- and for other citrus wine, more than sulting product, in the case of wines ° 0.12 gram, per 100 milliliters (20 C.). produced from any fruit or berry other (iii) Any citrus wine containing no than grapes, having a normal acidity of added brandy or alcohol may be further 20 parts or more per thousand, not designated as ‘‘natural.’’ more than 60 percent, and in the case (2) Citrus table wine or citrus fruit table of other fruit wines, not more than wine is citrus wine having an alcoholic 35%, but in no event shall any product content not in excess of 14 percent by so ameliorated have an alcoholic con- volume. Such wine may also be des- tent, derived by fermentation, of more ignated ‘‘light citrus wine,’’ ‘‘light cit- than 14 percent by volume, or a natural rus fruit wine,’’ ‘‘light sweet citrus acid content, if water has been added, fruit wine,’’ etc., as the case may be. of less than 5 parts per thousand, or a (3) Citrus dessert wine or citrus fruit total solids content of more than 22 dessert wine is citrus wine having an al- grams per 100 cubic centimeters. coholic content in excess of 14 percent but not in excess of 24 percent by vol- (ii) The maximum volatile acidity, ume. calculated as acetic acid and exclusive (4) Citrus wine derived wholly (except of sulfur dioxide, shall not be, for nat- for sugar, water, or added alcohol) from ural fruit wine, more than 0.14 gram, one kind of citrus fruit, shall be des- and for other fruit wine, more than 0.12 ° ignated by the word ‘‘wine’’ qualified gram, per 100 milliliters (20 C.). by the name of such citrus fruit, e.g., (iii) Any fruit wine containing no ‘‘orange wine,’’ ‘‘grapefruit wine.’’ Cit- added brandy or alcohol may be further rus wine not derived wholly from one designated as ‘‘natural.’’ kind of citrus fruit shall be designated (2) Berry wine is fruit wine produced as ‘‘citrus wine’’ or ‘‘citrus fruit wine’’ from berries. qualified by a truthful and adequate (3) Fruit table wine or berry table wine statement of composition appearing in is fruit or berry wine having an alco- direct conjunction therewith. Citrus holic content not in excess of 14 per- wine rendered effervescent by carbon cent by volume. Such wine may also be

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designated ‘‘light fruit wine,’’ or ‘‘light adding, separately or in combination, berry wine.’’ dry sugar or such an amount of sugar (4) Fruit dessert wine or berry dessert and water solution as will not increase wine is fruit or berry wine having an the volume of the resulting product alcoholic content in excess of 14 per- more than 35 percent, but in no event cent but not in excess of 24 percent by shall any product so ameliorated have volume. an alcoholic content, derived by fer- (5) Fruit wine derived wholly (except mentation of more than 14 percent by for sugar, water, or added alcohol) from volume, or a natural acid content, if one kind of fruit shall be designated by water has been added, of less than 5 the word ‘‘wine’’ qualified by the name parts per thousand, or a total solids of such fruit, e.g., ‘‘peach wine,’’ content of more than 22 grams per 100 ‘‘blackberry wine.’’ Fruit wine not de- cubic centimeters. rived wholly from one kind of fruit (ii) The maximum volatile acidity, shall be designated as ‘‘fruit wine’’ or calculated as acetic acid and exclusive ‘‘berry wine,’’ as the case may be, qualified by a truthful and adequate of sulfur dioxide, shall not be, for nat- statement of composition appearing in ural wine of this class, more than 0.14 direct conjunction therewith. Fruit gram, and for other wine of this class, wines which are derived wholly (except more than 0.12 gram, per 100 milliliters ° for sugar, water, or added alcohol) from (20 C.). apples or pears may be designated (iii) Wine of this class containing no ‘‘cider’’ and ‘‘perry,’’ respectively, and added alcohol or other spirits may be shall be so designated if lacking in vi- further designated as ‘‘natural’’. nous taste, aroma, and characteristics. (2) Table wine of this class is wine Fruit wine rendered effervescent by having an alcoholic content not in ex- carbon dioxide resulting solely from cess of 14 percent by volume. Such wine the secondary fermentation of the wine may also be designated as ‘‘light’’. within a closed container, tank, or bot- (3) Dessert wine of this class is wine tle shall be further designated as having an alcoholic content in excess ‘‘sparkling’’; and fruit wine rendered of 14 percent but not in excess of 24 per- effervescent by carbon dioxide other- cent by volume. wise derived shall be further designated (4) Raisin wine is wine of this class as ‘‘carbonated.’’ made from dried grapes. (f) Class 6; wine from other agricultural (5) Sake is wine of this class produced (1)(i) Wine of this class is products. from rice in accordance with the com- wine (other than grape wine, citrus monly accepted method of manufac- wine, or fruit wine) made by the nor- ture of such product. mal alcoholic fermentation of sound fermentable agricultural products, ei- (6) Wine of this class derived wholly ther fresh or dried, or of the restored or (except for sugar, water, or added alco- unrestored pure condensed must there- hol) from one kind of agricultural of, with the addition before or during product shall except in the case of fermentation of a volume of water not ‘‘sake,’’ be designated by the word greater than the minimum necessary ‘‘wine’’ qualified by the name of such to correct natural moisture defi- agricultural product, e.g., ‘‘honey ciencies in such products, with or with- wine,’’ ‘‘raisin wine,’’ ‘‘dried black- out the addition, after fermentation, of berry wine.’’ Wine of this class not de- pure condensed must, and with or with- rived wholly from one kind of agricul- out added alcohol or such other spirits tural product shall be designated as as will not alter the character of the ‘‘wine’’ qualified by a truthful and ade- product, but without other addition or quate statement of composition ap- abstraction except as may occur in cel- pearing in direct conjunction there- lar treatment: Provided, That a domes- with. Wine of this class rendered effer- tic product may be ameliorated or vescent by carbon dioxide resulting sweetened in accordance with part 24, solely from the secondary fermentation of this chapter, and any product other of wine within a closed container, than domestic may be ameliorated be- tank, or bottle shall be further des- fore, during, or after fermentation by ignated as ‘‘sparkling’’; and wine of

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this class rendered effervescent by car- exclusive of sulfur dioxide, in excess of bon dioxide otherwise derived shall be 0.14 gram per 100 milliliters (20 °C.). further designated as ‘‘carbonated.’’ (iii) Any wine for which a standard of (g) Class 7; aperitif wine. (1) Aperitif identity is prescribed in this §§ 4.20 to wine is wine having an alcoholic con- 4.25, inclusive, which, through disease, tent of not less than 15 percent by vol- decomposition, or otherwise, fails to ume, compounded from grape wine con- have the composition, color, and clean taining added brandy or alcohol, fla- vinous taste and aroma of normal vored with herbs and other natural aro- wines conforming to such standard. matic flavoring materials, with or (iv) Any ‘‘grape wine’’ ‘‘citrus wine,’’ without the addition of caramel for ‘‘fruit wine,’’ or ‘‘wine from other agri- coloring purposes, and possessing the cultural products’’ to which has been taste, aroma, and characteristics gen- added sugar and water solution in an erally attributed to aperitif wine and amount which is in excess of the limi- shall be so designated unless des- tations prescribed in the standards of ignated as ‘‘vermouth’’ under para- identity for these products, unless, in graph (g)(2) of this section. the case of ‘‘citrus wine,’’ ‘‘fruit wine’’ (2) Vermouth is a type of aperitif wine and ‘‘wine from other agricultural compounded from grape wine, having products’’ the normal acidity of the the taste, aroma, and characteristics material from which such wine is pro- generally attributed to vermouth, and duced is 20 parts or more per thousand shall be so designated. and the volume of the resulting prod- (h) Class 8; imitation and substandard uct has not been increased more than or other than standard wine. (1) ‘‘Imita- 60 percent by such addition. tion wine’’ shall bear as a part of its (i) Class 9; retsina wine. ‘‘Retsina designation the word ‘‘imitation,’’ and wine’’ is grape table wine fermented or shall include: flavored with resin. (i) Any wine containing synthetic CROSS REFERENCE: For regulations relating materials. to the use of spirits in wine, see part 24 of (ii) Any wine made from a mixture of this chapter. water with residue remaining after [T.D. 6521, 25 FR 13835, Dec. 29, 1960]] thorough pressing of grapes, fruit, or other agricultural products. EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 4.21, see the List of CFR (iii) Any class or type of wine the Sections Affected, which appears in the taste, aroma, color, or other character- Finding Aids section of the printed volume istics of which have been acquired in and at www.govinfo.gov. whole or in part, by treatment with methods or materials of any kind (ex- § 4.22 Blends, cellar treatment, alter- cept as permitted in § 4.22(c)(6)), if the ation of class or type. taste, aroma, color, or other character- (a) If the class or type of any wine istics of normal wines of such class or shall be altered, and if the product as type are acquired without such treat- so altered does not fall within any ment. other class or type either specified in (iv) Any wine made from must con- §§ 4.20 through 4.25 or known to the centrated at any time to more than 80° trade, then such wine shall, unless oth- (Balling). erwise specified in this section, be des- (2) ‘‘Substandard wine’’ or ‘‘other ignated with a truthful and adequate than standard wine’’ shall bear as a statement of composition in accord- part of its designation the words ‘‘sub- ance with § 4.34. standard’’ or ‘‘other than standard,’’ (b) Alteration of class or type shall and shall include: be deemed to result from any of the fol- (i) Any wine having a volatile acidity lowing occurring before, during, or in excess of the maximum prescribed after production. therefor in §§ 4.20 to 4.25. (1) Treatment of any class or type of (ii) Any wine for which no maximum wine with substances foreign to such volatile acidity is prescribed in §§ 4.20 wine which remain therein: Provided, to 4.25, inclusive, having a volatile That the presence in finished wine of acidity, calculated as acetic acid and not more than 350 parts per million of

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total sulfur dioxide, or sulphites ex- (1) Treatment with filtering equip- pressed as sulfur dioxide, shall not be ment, and with fining or sterilizing precluded under this paragraph. agents. (2) Treatment of any class or type of (2) Treatment with pasteurization as wine with substances not foreign to necessary to perfect the wines to com- such wine but which remain therein in mercial standards in accordance with larger quantities than are naturally acceptable cellar practice but only in and normally present in other wines of such a manner and to such an extent as the same class or type not so treated. not to change the basic composition of (3) Treatment of any class or type of the wine nor to eliminate any of its characteristic elements. wine with methods or materials of any (3) Treatment with refrigeration as kind to such an extent or in such man- necessary to perfect the wine to com- ner as to affect the basic composition mercial standards in accordance with of the wine so treated by altering any acceptable cellar practice but only in of its characteristic elements. such a manner and to such an extent as (4) Blending of wine of one class with not to change the basic composition of wine of another class or the blending of the wine nor to eliminate any of its wines of different types within the characteristic elements. same class. (4) Treatment with methods and ma- (5) Treatment of any class or type of terials to the minimum extent nec- wine for which a standard of identity is essary to correct cloudiness, precipita- prescribed in this subpart with sugar or tion, or abnormal color, odor, or flavor water in excess of the quantities spe- developing in wine. cifically authorized by such standards: (5) Treatment with constituents nat- Provided, That the class or type urally present in the kind of fruit or thereof shall not be deemed to be al- other agricultural product from which tered: the wine is produced for the purpose of (i) Where such wine (other than grape correcting deficiencies of these con- wine) is derived from fruit or other ag- stituents, but only to the extent that ricultural products having a high nor- such constituents would be present in mal acidity, if the total solids content normal wines of the same class or type is not more than 22 grams per 100 cubic not so treated. centimeters and the content of natural (6) Treatment of any class or type of acid is not less than 7.69 grams per wine involving the use of volatile fruit- liter, and flavor concentrates in the manner provided in section 5382 of the Internal (ii) Where such wine is derived exclu- Revenue Code. sively from fruit or other agricultural (7) Notwithstanding the provisions of products the normal acidity of which is § 4.21(b) (1), (2) and (4), (c), (d)(4), (e)(5), 20 parts or more per thousand, if the and (f)(6) carbon dioxide may be used to volume of the resulting product has maintain counterpressure during the been increased not more than 60 per- transfer of finished sparkling wines cent by the addition of sugar and water from (i) bulk processing tanks to bot- solution for the sole purpose of cor- tles, or (ii) bottle to bottle: Provided, recting natural deficiencies due to such That the carbon dioxide content of the acidity and (except in the case of such wine shall not be increased by more wine when produced from fruit or ber- than 0.009 gm. per 100 ml. during the ries other than grapes) there is stated transfer operation. as part of the class and type designation the phrase ‘‘Made with over 35 per- [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as cent sugar solution.’’ amended by T.D. 6776, 29 FR 16985, Dec. 11, 1964; T.D. 7185, 37 FR 7976, Apr. 22, 1972; T.D. (c) Nothing in this section shall pre- ATF–403, 64 FR 50253, Sept. 16, 1999; T.D. clude the treatment of wine of any ATF–458, 66 FR 37578, July 19, 2001; T.D. class or type in the manner hereinafter ATF–953, 68 FR 39455, July 2, 2003] specified, provided such treatment does not result in the alteration of the class § 4.23 Varietal (grape type) labeling. or type of the wine under the provi- (a) General. The names of one or more sions of paragraph (b) of this section. grape varieties may be used as the type

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designation of a grape wine only if the (3)(i) If labeled with a multicounty wine is also labeled with an appellation appellation of origin, the percentage of of origin as defined in § 4.25. the wine derived from each variety (b) One variety. Except as provided in from each county is shown on the paragraph (c) of this section, the name label; or of a single grape variety may be used (ii) If labeled with a multistate ap- as the type designation if not less than pellation of origin, the percentage of 75 percent of the wine is derived from the wine derived from each variety grapes of that variety, the entire 75 from each state is shown on the label. percent of which was grown in the la- (e) List of approved variety names. Ef- beled appellation of origin area. fective February 7, 1996, the name of a (c) Exceptions. (1) Wine made from grape variety may be used as a type any Vitis labrusca variety (exclusive of designation for an American wine only hybrids with Vitis labrusca parentage) if that name has been approved by the may be labeled with the variety name Administrator. A list of approved grape if: variety names appears in subpart J of (i) Not less than 51 percent of the this part. wine is derived from grapes of the [T.D. ATF–370, 61 FR 538, Jan. 8, 1996, as named variety; amended by T.D. TTB–91, 76 FR 5476, Feb. 1, (ii) The statement ‘‘contains not less 2011] than 51 percent (name of variety)’’ is shown on the brand label, back label, § 4.24 Generic, semi-generic, and nongeneric designations of geographic or a separate strip label, (except that significance. this statement need not appear if 75 percent or more of the wine is derived (a)(1) A name of geographic signifi- from grapes of the named variety); and cance which is also the designation of a (iii) The entire qualifying percentage class or type of wine, shall be deemed of the named variety was grown in the to have become generic only if so found labeled appellation of origin area. by the Administrator. (2) Examples of generic names, origi- (2) Wine made from any variety of nally having geographic significance, any species found by the appropriate which are designations for a class or TTB officer upon appropriate applica- type of wine are: Vermouth, Sake. tion to be too strongly flavored at 75 (b)(1) A name of geographic signifi- percent minimum varietal content cance, which is also the designation of may be labeled with the varietal name a class or type of wine, shall be deemed if: to have become semi-generic only if so (i) Not less than 51 percent of the found by the Administrator. Semi-ge- wine is derived from grapes of that va- neric designations may be used to des- riety; ignate wines of an origin other than (ii) The statement ‘‘contains not less that indicated by such name only if than 51 percent (name of variety)’’ is there appears in direct conjunction shown on the brand label, back label, therewith an appropriate appellation of or a separate strip label (except that origin disclosing the true place of ori- this statement need not appear if 75 gin of the wine, and if the wine so des- percent or more of the wine is derived ignated conforms to the standard of from grapes of the named variety); and identity, if any, for such wine con- (iii) The entire qualifying percentage tained in the regulations in this part of the named variety was grown in the or, if there be no such standard, to the labeled appellation of origin area. trade understanding of such class or (d) Two or more varieties. The names type. See § 24.257(c) of this chapter for of two or more grape varieties may be exceptions to the Administrator’s au- used as the type designation if: thority to remove names from para- (1) All of the grapes used to make the graph (b)(2) of this section. wine are of the labeled varieties; (2) Examples of semi-generic names (2) The percentage of the wine de- which are also type designations for rived from each variety is shown on the grape wines are Angelica, Burgundy, label (with a tolerance of plus or minus Claret, Chablis, Champagne, Chianti, 2 percent); and Malaga, Marsala, Madeira, Moselle,

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Port, Rhine Wine (syn. Hock), Sau- (ii) A state, province, territory, or terne, Haut Sauterne, Sherry, Tokay. similar political subdivision of a coun- (c)(1) A name of geographic signifi- try equivalent to a state or county; cance, which has not been found by the (iii) Two or no more than three Administrator to be generic or semi- states, provinces, territories, or similar generic may be used only to designate political subdivisions of a country wines of the origin indicated by such equivalent to a state which are all con- name, but such name shall not be tiguous; or deemed to be the distinctive designa- (iv) A viticultural area (as defined in tion of a wine unless the Administrator paragraph (e) of this section). finds that it is known to the consumer (b) Qualification—(1) American wine. and to the trade as the designation of An American wine is entitled to an ap- a specific wine of a particular place or pellation of origin other than a multi- region, distinguishable from all other county or multistate appellation, or a wines. viticultural area, if: (2) Examples of nongeneric names (i) At least 75 percent of the wine is which are not distinctive designations derived from fruit or agricultural prod- of specific grape wines are: American, ucts grown in the appellation area indi- California, Lake Erie, Napa Valley, New York State, French, Spanish. Ad- cated; (ii) it has been fully finished (ex- ditional examples of foreign nongeneric cept for cellar treatment pursuant to names are listed in subpart C of part 12 § 4.22(c), and blending which does not of this chapter. result in an alteration of class or type (3) Examples of nongeneric names under § 4.22(b)) in the United States, if which are also distinctive designations labeled ‘‘American’’; or, if labeled with of specific grape wines are: Bordeaux a State appellation, within the labeled Blanc, Bordeaux Rouge, Graves, Medoc, State or an adjacent State; or if la- Saint-Julien, Chateau Yquem, Chateau beled with a county appellation, within Margaux, Chateau Lafite, Pommard, the State in which the labeled county Chambertin, Montrachet, Rhone, is located; and (iii) it conforms to the Liebfraumilch, Rudesheimer, Forster, laws and regulations of the named ap- Deidesheimer, Schloss Johannisberger, pellation area governing the composi- Lagrima, and Lacryma Christi. A list tion, method of manufacture, and des- of foreign distinctive designations, as ignation of wines made in such place. determined by the Administrator, ap- (2) Imported wine. An imported wine pears in subpart D of part 12 of this is entitled to an appellation of origin chapter. other than a multistate appellation, or a viticultural area, if: [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF–296, 55 FR 17967, Apr. (i) At least 75 percent of the wine is 30, 1990; T.D. ATF–398, 63 FR 44783, Aug. 21, derived from fruit or agricultural prod- 1998; T.D. ATF–425, 65 FR 11890, 11891, Mar. 7, ucts grown in the area indicated by the 2000] appellation of origin; and (ii) The wine conforms to the requirements of the § 4.25 Appellations of origin. foreign laws and regulations governing (a) Definition—(1) American wine. An the composition, method of production, American appellation of origin is: (i) and designation of wines available for The United States; (ii) a State; (iii) two consumption within the country of ori- or no more than three States which are gin. all contiguous; (iv) a county (which (c) Multicounty appellations. An appel- must be identified with the word lation of origin comprising two or no ‘‘county’’, in the same size of type, and more than three counties in the same in letters as conspicuous as the name State may be used if all of the fruit or of the county); (v) two or no more than other agricultural products were grown three counties in the same State; or in the counties indicated, and the per- (vi) a viticultural area (as defined in centage of the wine derived from fruit paragraph (e) of this section). or other agricultural products grown in (2) Imported wine. An appellation of each county is shown on the label with origin for imported wine is: a tolerance of plus or minus two per- (i) A country; cent.

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(d) Multistate appellations. (1) Amer- country of origin for use on labels of ican wine. An appellation of origin wine available for consumption within comprising two or no more than three the country of origin. States which are all contiguous may be (2) Establishment of American used, if: viticultural areas. A petition for the es- (i) All of the fruit or other agricul- tablishment of an American tural products were grown in the viticultural area may be made to the States indicated, and the percentage of Administrator by any interested party, the wine derived from fruit or other ag- pursuant to part 9 and § 70.701(c) of this ricultural products grown in each chapter. The petition must be made in State is shown on the label with a tol- written form and must contain the in- erance of plus or minus 2 percent; formation specified in § 9.12 of this (ii) The wine has been fully finished chapter. (except for cellar treatment pursuant (3) Requirements for use. A wine may to § 4.22(c), and blending that does not be labeled with a viticultural area ap- result in an alteration of class or type pellation if: under § 4.22(b)) in one of the labeled ap- (i) The appellation has been approved pellation States; and under part 9 of this title or by the ap- (iii) The wine conforms to the laws propriate foreign government; and regulations governing the composition, method of manufacture, and des- (ii) Not less than 85 percent of the ignation of wines in all of the States wine is derived from grapes grown listed in the appellation. within the boundaries of the (2) Imported wine. An appellation of viticultural area; origin comprising two or no more than (iii) In the case of foreign wine, it three states, provinces, territories, or conforms to the requirements of the similar political subdivisions of a coun- foreign laws and regulations governing try equivalent to a state which are all the composition, method of production, contiguous may be used if: and designation of wines available for (i) All of the fruit or other agricul- consumption within the country of ori- tural products were grown in the gin; and states, provinces, territories, or similar (iv) In the case of American wine, it political subdivisions of a country has been fully finished within the equivalent to a state indicated, and the State, or one of the States, within percentage of the wine derived from which the labeled viticultural area is fruit or other agricultural products located (except for cellar treatment grown in each state, province, terri- pursuant to § 4.22(c), and blending tory, or political subdivision equiva- which does not result in an alteration lent to a state is shown on the label of class and type under § 4.22(b)). with a tolerance of plus or minus 2 per- (4) Overlap viticultural area appella- cent; and tions. An appellation of origin com- (ii) The wine conforms to the require- prised of more than one viticultural ments of the foreign laws and regula- area may be used in the case of over- tions governing the composition, meth- lapping viticultural areas if not less od of production, and designation of than 85 percent of the volume of the wines available for consumption within wine is derived from grapes grown in the country of origin. the overlapping area. (e) Viticultural area—(1) Definition—(i) American wine. A delimited grape-grow- [T.D. ATF–53, 43 FR 37675, Aug. 23, 1978] ing region having distinguishing fea- EDITORIAL NOTE: For FEDERAL REGISTER ci- tures as described in part 9 of this tations affecting § 4.25, see the List of CFR chapter and a name and a delineated Sections Affected, which appears in the boundary as established in part 9 of Finding Aids section of the printed volume this chapter. and at www.govinfo.gov. (ii) Imported wine. A delimited place or region (other than an appellation de- § 4.26 Estate bottled. fined in paragraph (a)(2)(i), (a)(2)(ii), or (a) Conditions for use. The term Estate (a)(2)(iii)) the boundaries of which have bottled may be used by a bottling win- been recognized and defined by the ery on a wine label only if the wine is

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labeled with a viticultural area appel- harvested in the labeled calendar year; lation of origin and the bottling win- or ery: (2) If an American or imported wine (1) Is located in the labeled is labeled with an appellation of origin viticultural area; (2) grew all of the other than a viticultural area (or its grapes used to make the wine on land foreign equivalent), at least 85 percent owned or controlled by the winery of the wine must have been derived within the boundaries of the labeled from grapes harvested in the labeled viticultural area; (3) crushed the calendar year. grapes, fermented the resulting must, (b) American wine. A permittee who and finished, aged, and bottled the produced and bottled or packed the wine in a continuous process (the wine wine, or a person other than the pro- at no time having left the premises of ducer who repackaged the wine in con- the bottling winery). tainers of 5 liters or less may show the (b) Special rule for cooperatives. Grapes year of vintage upon the label if the grown by members of a cooperative bottling winery are considered grown person possesses appropriate records by the bottling winery. from the producer substantiating the (c) Definition of ‘‘Controlled’’. For pur- year of vintage and the appellation of poses of this section, Controlled by re- origin; and if the wine is made in com- fers to property on which the bottling pliance with the provisions of para- winery has the legal right to perform, graph (a) of this section. and does perform, all of the acts com- (c) Imported wine. Imported wine may mon to viticulture under the terms of a bear a vintage date if all of the fol- lease or similar agreement of at least 3 lowing conditions are met: years duration. (1) It is made in compliance with the (d) Use of other terms. No term other provisions of paragraph (a) of this sec- than Estate bottled may be used on a tion; label to indicate combined growing and (2) It is bottled in containers of 5 li- bottling conditions. ters or less prior to importation, or it [T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as is bottled in the United States from amended by T.D. ATF–201, 50 FR 12533, Mar. the original container of the product 29, 1985] (showing a vintage date); and (3) The wine is of the vintage shown, § 4.27 Vintage wine. the laws of the country of origin regu- (a) General. Vintage wine is wine la- late the appearance of vintage dates beled with the year of harvest of the upon the labels of wine produced for grapes and made in accordance with consumption within the country of ori- the standards prescribed in classes 1, 2, gin, the wine has been produced in con- or 3 of § 4.21. The wine must be labeled formity with those laws, and the wine with an appellation of origin. The ap- would be entitled to bear the vintage pellation must be shown in direct con- date if it had been sold within the junction with the designation required country of origin. The importer of the by § 4.32(a)(2), in lettering substantially wine imported in bottles or the domes- as conspicuous as that designation. In tic bottler of wine imported in bulk no event may the quantity of wine re- and bottled in the United States must moved from the producing winery, be able to demonstrate, upon request under labels bearing a vintage date, ex- by the appropriate TTB officer or a ceed the volume of vintage wine pro- customs officer, that the wine is enti- duced in that winery during the year tled to be labeled with the vintage indicated by the vintage date. The fol- date. lowing additional rules apply to vintage labeling: [T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as (1) If an American or imported wine amended by T.D. ATF–195, 50 FR 763, Jan. 7, is labeled with a viticultural area ap- 1985; T.D. TTB–45, 71 FR 25752, May 2, 2006; pellation of origin (or its foreign equiv- T.D. TTB–105, 77 FR 56541, Sept. 13, 2012; T.D. alent), at least 95 percent of the wine TTB–145, 81 FR 94196, Dec. 22, 2016] must have been derived from grapes

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§ 4.28 Type designations of varietal American wines bottled on or after significance. April 9, 2007. The following are type designations [T.D. ATF–370, 61 FR 539, Jan. 8, 1996, as of varietal significance for American amended by T.D. ATF–388, 62 FR 16490, Apr. wine. These names may be used as type 7, 1997; T.D. ATF–388a, 62 FR 33747, June 23, designations for American wines only 1997; T.D. TTB–91, 76 FR 5476, Feb. 1, 2011] if the wine is labeled with an appellation of origin as defined in § 4.25. Subpart D—Labeling (a) Muscadine. An American wine Requirements for Wine which derives at least 75 percent of its § 4.30 General. volume from Muscadinia rotundifolia grapes. (a) Application. No person engaged in (b) Muscatel. An American wine business as a producer, rectifier, blend- which derives its predominant taste, er, importer, or wholesaler, directly or indirectly or through an affiliate, shall aroma, characteristics and at least 75 sell or ship or deliver for sale or ship- percent of its volume from any Muscat ment, or otherwise introduce in inter- grape source, and which meets the re- state or foreign commerce, or receive quirements of § 4.21(a)(3). therein, or remove from customs cus- (c) Muscat or Moscato. An American tody, any wine in containers unless wine which derives at least 75 percent such wine is packaged, and such pack- of its volume from any Muscat grape ages are marked, branded, and labeled source. in conformity with this subpart. Wine (d) Scuppernong. An American wine domestically bottled or packed prior to which derives at least 75 percent of its Dec. 15, 1936, and imported wine en- volume from bronze Muscadinia tered in customs bond in containers rotundifolia grapes. prior to that date shall be regarded as (e)(1) Gamay Beaujolais. An American being packaged, marked, branded and wine which derives at least 75 percent labeled in accordance with this sub- of its volume from Pinot noir grapes, part, if the labels on such wine (1) bear Valdiguie´ grapes, or a combination of all the mandatory label information both. required by § 4.32, even though such in- (2) For wines bottled on or after Jan- formation is not set forth in the man- uary 1, 1999, and prior to April 9, 2007, ner and form as required by § 4.32 and the name ‘‘Gamay Beaujolais’’ may be other sections of this title referred to used as a type designation only if there therein, and (2) bear no statements, designs, or devices which are false or mis- appears in direct conjunction there- leading. with, but on a separate line and sepa- (b) Alteration of labels. (1) It shall be rated by the required appellation of or- unlawful for any person to alter, muti- igin, the name(s) of the grape variety late, destroy, obliterate or remove any or varieties used to satisfy the require- mark, brand, or label upon wine held ments of paragraph (e)(1) of this sec- for sale in interstate or foreign com- tion. Where two varietal names are merce or after shipment therein, ex- listed, they shall appear on the same cept as authorized by Federal law, or line, in order of predominance. The ap- except as provided in paragraph (b)(2) pellation of origin shall appear either of this section: Provided, That the ap- on a separate line between the name propriate TTB officer may, upon writ- ‘‘Gamay Beaujolais’’ and the grape va- ten application, permit additional la- riety name(s) or on the same line as beling or relabeling of wine for pur- the grape variety name(s) in a manner poses of compliance with the require- that qualifies the grape variety ments of this part or of State law. name(s). The following statement shall (2) No application for permission to also appear on the brand or back label: relabel wine need be made in any case ‘‘Gamay Beaujolais is made from at where there is added to the container, least 75 percent Pinot noir and/or after removal from customs custody or Valdiguie´ grapes.’’ from the premises where bottled or (3) The designation ‘‘Gamay Beaujo- packed, a label identifying the whole- lais’’ may not be used on labels of sale or retail distributor thereof, and

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containing no reference whatever to strip label or neck label, the statement the characteristics of the product. ‘‘Contains sulfites’’ or ‘‘Contains (a) sulfiting agent(s)’’ or a statement iden- [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF–425, 65 FR 11891, Mar. tifying the specific sulfiting agent 7, 2000; T.D. ATF–953, 68 FR 39455, July 2, where sulfur dioxide or a sulfiting 2003] agent is detected at a level of 10 or more parts per million, measured as CROSS REFERENCE: For customs warehouses total sulfur dioxide. The provisions of and control of merchandise therein, see 19 this paragraph shall apply to: CFR part 19. (1) Any certificate of label approval issued on or after January 9, 1987; § 4.32 Mandatory label information. (2) Any wine bottled on or after July (a) There shall be stated on the brand 9, 1987, regardless of the date of label: issuance of the certificate of label ap- (1) Brand name, in accordance with proval; and, § 4.33. (3) Any wine removed on or after (2) Class, type, or other designation, January 9, 1988. in accordance with § 4.34. (3) [Reserved] (Paragraph (e) approved by the Office of (4) On blends consisting of American Management and Budget under Control Number 1512–0469) and foreign wines, if any reference is made to the presence of foreign wine, [T.D. 6521, 25 FR 13835, Dec. 29, 1960] the exact percentage by volume. EDITORIAL NOTE: For FEDERAL REGISTER ci- (b) There shall be stated on any label tations affecting § 4.32, see the List of CFR affixed to the container: Sections Affected, which appears in the (1) Name and address, in accordance Finding Aids section of the printed volume with § 4.35. and at www.govinfo.gov. (2) Net contents, in accordance with § 4.37. If the net contents is a standard § 4.32a Voluntary disclosure of major food allergens. of fill other than an authorized metric standard of fill as prescribed in § 4.72, (a) Definitions. For purposes of this the net contents statement shall ap- section the following terms have the pear on a label affixed to the front of meanings indicated. the bottle. (1) Major food allergen. Major food al- (3) Alcohol content, in accordance lergen means any of the following: with § 4.36. (i) Milk, egg, fish (for example, bass, (c) There shall be stated on the brand flounder, or cod), Crustacean shellfish label or on a back label a statement (for example, crab, lobster, or shrimp), that the product contains FD&C Yel- tree nuts (for example, almonds, pe- low No. 5, where that coloring material cans, or walnuts), wheat, peanuts, and is used in a product bottled on or after soybeans; or October 6, 1984. (ii) A food ingredient that contains (d) Declaration of cochineal extract or protein derived from a food specified in carmine. There shall be stated on a paragraph (a)(1)(i) of this section, ex- front label, back label, strip label, or cept: neck label a statement that the prod- (A) Any highly refined oil derived uct contains the color additive cochi- from a food specified in paragraph neal extract or the color additive car- (a)(1)(i) of this section and any ingre- mine, prominently and conspicuously, dient derived from such highly refined using the respective common or usual oil; or name (‘‘cochineal extract’’ or ‘‘car- (B) A food ingredient that is exempt mine’’), where either of the coloring from major food allergen labeling re- materials is used in a product that is quirements pursuant to a petition for removed on or after April 16, 2013. (For exemption approved by the Food and example: ‘‘Contains Cochineal Ex- Drug Administration (FDA) under 21 tract’’ or ‘‘Contains Carmine’’ or, if ap- U.S.C. 343(w)(6) or pursuant to a notice plicable, ‘‘Contains Cochineal Extract submitted to FDA under 21 U.S.C. and Carmine’’). 343(w)(7), provided that the food ingre- (e) Declaration of sulfites. There shall dient meets the terms or conditions, if be stated on a front label, back label, any, specified for that exemption.

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(2) Name of the food source from which method specified in the petition, ei- each major food allergen is derived. Name ther: of the food source from which each major (1) Does not cause an allergic re- food allergen is derived means the name sponse that poses a risk to human of the food as listed in paragraph health; or (a)(1)(i) of this section, except that: (2) Does not contain allergenic pro- (i) In the case of a tree nut, it means tein derived from one of the foods iden- the name of the specific type of nut tified in § 4.32a(a)(1)(i), even though a (for example, almonds, pecans, or wal- major food allergen was used in produc- nuts); tion. (ii) In the case of Crustacean shell- (b) Decision on petition. TTB will ap- fish, it means the name of the species prove or deny a petition for exemption of Crustacean shellfish (for example, submitted under paragraph (a) of this crab, lobster, or shrimp); and section in writing within 180 days of re- (iii) The names ‘‘egg’’ and ‘‘peanuts’’, ceipt of the petition. If TTB does not as well as the names of the different provide a written response to the peti- types of tree nuts, may be expressed in tioner within that 180-day period, the either the singular or plural form, and petition will be deemed denied, unless the term ‘‘soy’’, soybean’’, or ‘‘soya’’ an extension of time for decision is mu- may be used instead of ‘‘soybeans’’. tually agreed upon by the appropriate (b) Voluntary labeling standards. TTB officer and the petitioner. TTB Major food allergens (defined in para- may confer with the Food and Drug graph (a)(1) of this section) used in the Administration (FDA) on petitions for production of a wine may, on a vol- exemption, as appropriate and as FDA untary basis, be declared on any label resources permit. TTB may require the affixed to the container. However, if submission of product samples and any one major food allergen is volun- other additional information in sup- tarily declared, all major food aller- port of a petition; however, unless re- gens used in production of the wine, in- quired by TTB, the submission of sam- cluding major food allergens used as ples or additional information by the fining or processing agents, must be de- petitioner after submission of the peti- clared, except when covered by a petition will be treated as the withdrawal tion for exemption approved by the ap- of the initial petition and the submis- propriate TTB officer under § 4.32b. The sion of a new petition. An approval or major food allergens declaration must denial under this section will con- consist of the word ‘‘Contains’’ fol- stitute a final agency action. lowed by a colon and the name of the (c) Resubmission of a petition. After a food source from which each major petition for exemption is denied under food allergen is derived (for example, this section, the petitioner may resub- ‘‘Contains: egg’’). mit the petition along with supporting (c) Cross reference. For mandatory la- materials for reconsideration at any beling requirements applicable to time. TTB will treat this submission as wines containing FD&C Yellow No. 5 a new petition for purposes of the time and sulfites, see §§ 4.32(c) and (e). frames for decision set forth in paragraph (b) of this section. [T.D. TTB–53, 71 FR 42267, July 26, 2006] (d) Availability of information—(1) Gen- eral. TTB will promptly post to its pub- § 4.32b Petitions for exemption from lic Web site, http://www.ttb.gov, all peti- major food allergen labeling. tions received under this section as (a) Submission of petition. Any person well as TTB’s responses to those peti- may petition the appropriate TTB offi- tions. Any information submitted in cer to exempt a particular product or support of the petition that is not post- class of products from the labeling re- ed to the TTB Web site will be avail- quirements of § 4.32a. The burden is on able to the public pursuant to 5 U.S.C. the petitioner to provide scientific evi- 552, except where a request for con- dence (including the analytical method fidential treatment is granted under used to produce the evidence) that paragraph (d)(2) of this section. demonstrates that the finished product (2) Requests for confidential treatment or class of products, as derived by the of business information. A person who

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provides trade secrets or other com- fied, conveys no erroneous impressions mercial or financial information in as to the age, origin, identity, or other connection with a petition for exemp- characteristics of the product. tion under this section may request (c) Trade name of foreign origin. This that TTB give confidential treatment section shall not operate to prohibit to that information. A failure to re- the use by any person of any trade quest confidential treatment at the name or brand of foreign origin not ef- time the information in question is fectively registered in the United submitted to TTB will constitute a States Patent Office on August 29, 1935, waiver of confidential treatment. A re- which has been used by such person or quest for confidential treatment of in- his predecessors in the United States formation under this section must con- for a period of at least five years imme- form to the following standards: diately preceding August 29, 1935: Pro- (i) The request must be in writing; vided, That if such trade name or brand (ii) The request must clearly identify is used, the designation of the product the information to be kept confiden- shall be qualified by the name of the tial; locality in the United States in which (iii) The request must relate to infor- produced, and such qualifications shall mation that constitutes trade secrets be in script, type, or printing as con- or other confidential commercial or fi- spicuous as the trade name or brand. nancial information regarding the business transactions of an interested per- § 4.34 Class and type. son, the disclosure of which would (a) The class of the wine shall be cause substantial harm to the competi- stated in conformity with subpart C of tive position of that person; this part if the wine is defined therein, (iv) The request must set forth the except that ‘‘table’’ (‘‘light’’) and reasons why the information should ‘‘dessert’’ wines need not be designated not be disclosed, including the reasons as such. In the case of still grape wine the disclosure of the information would there may appear, in lieu of the class prejudice the competitive position of designation, any varietal (grape type) the interested person; and designation, type designation of vari- (v) The request must be supported by etal significance, semigeneric geo- a signed statement by the interested graphic type designation, or geographic person, or by an authorized officer or distinctive designation, to which the employee of that person, certifying wine may be entitled. In the case of that the information in question is a champagne, or crackling wines, the trade secret or other confidential com- type designation ‘‘champagne’’ or mercial or financial information and ‘‘crackling wine’’ (‘‘petillant wine’’, that the information is not already in ‘‘frizzante wine’’) may appear in lieu of the public domain. the class designation ‘‘sparkling wine’’. [T.D. TTB–53, 71 FR 42267, July 26, 2006] In the case of wine which has a total solids content of more than 17 grams § 4.33 Brand names. per 100 cubic centimeters the words (a) General. The product shall bear a ‘‘extra sweet’’, ‘‘specially sweetened’’, brand name, except that if not sold ‘‘specially sweet’’ or ‘‘sweetened with under a brand name, then the name of excess sugar’’ shall be stated as a part the person required to appear on the of the class and type designation. The brand label shall be deemed a brand last of these quoted phrases shall ap- name for the purpose of this part. pear where required by part 24 of this (b) Misleading brand names. No label chapter, on wines sweetened with sugar shall contain any brand name, which, in excess of the maximum quantities standing alone, or in association with specified in such regulations. If the other printed or graphic matter creates class of the wine is not defined in sub- any impression or inference as to the part C, a truthful and adequate state- age, origin, identity, or other charac- ment of composition shall appear upon teristics of the product unless the ap- the brand label of the product in lieu of propriate TTB officer finds that such a class designation. In addition to the brand name, either when qualified by mandatory designation for the wine, the word ‘‘brand’’ or when not so quali- there may be stated a distinctive or

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fanciful name, or a designation in ac- in accordance with paragraph (a)(2) of cordance with trade understanding. this section. The statement of composition will not (2) Optional statements. (i) In addition include any reference to a varietal to the statement required by paragraph (grape type) designation, type designa- (a)(1), the label may also state the tion of varietal significance, semi-ge- name and address of any other person neric geographic type designation, or for whom the wine was bottled or geographic distinctive designation. All packed, immediately preceded by the parts of the designation of the wine, words ‘‘bottled for’’ or ‘‘packed for’’ or whether mandatory or optional, shall ‘‘distributed by.’’ be in direct conjunction and in let- (ii) The words defined in paragraphs tering substantially of the same size (a)(2)(iii)–(a)(2)(vi) may be used, in ac- and kind. cordance with the definitions given, in (b) An appellation of origin such as addition to the name and address state- ‘‘American,’’ ‘‘New York,’’ ‘‘Napa Val- ment required by paragraph (a)(1). Use ley,’’ or ‘‘Chilean,’’ disclosing the true of these words may be conjoined, using place of origin of the wine, shall appear the word ‘‘and’’, and with the words in direct conjunction with and in let- ‘‘bottled by’’ or ‘‘packed by’’ only if tering substantially as conspicuous as the same person performed the defined the class and type designation if: operation at the same address. More (1) A varietal (grape type) designa- than one name is necessary if the de- tion is used under the provisions of fined operation was performed by a per- § 4.23; son other than the bottler or packer and more than one address statement (2) A type designation of varietal sig- is necessary if the defined operation nificance is used under the provisions was performed at a different address. of § 4.28; (iii) Produced or Made means that the (3) A semi-generic type designation is named winery: employed as the class and type des- (A) Fermented not less than 75% of ignation of the wine pursuant to such wine at the stated address, or § 4.24(b); (B) Changed the class or type of the (4) A product name is qualified with wine by addition of alcohol, brandy, the word ‘‘Brand’’ under the require- flavors, colors, or artificial ments of § 4.39 (j); or carbonation at the stated address, or (5) The wine is labeled with the year (C) Produced sparkling wine by sec- of harvest of the grapes, and otherwise ondary fermentation at the stated ad- conforms with the provisions of § 4.27. dress. [T.D. ATF–53, 43 FR 37677, Aug. 23, 1978; T.D. (iv) Blended means that the named ATF–48, 44 FR 55839, Sept. 28, 1979, as amend- winery mixed the wine with other ed by T.D. ATF–195, 50 FR 763, Jan. 7, 1985; wines of the same class and type at the T.D. ATF–229, 51 FR 20482, June 5, 1986; T.D. stated address. ATF–312, 56 FR 31077, July 9, 1991; T.D. ATF– (v) Cellared, Vinted or Prepared means 370, 61 FR 539, Jan. 8, 1996; T.D. ATF–431, 65 that the named winery, at the stated FR 59724, Oct. 6, 2000; T.D. TTB–105, 77 FR address, subjected the wine to cellar 56541, Sept. 13, 2012] treatment in accordance with § 4.22(c). (b) Imported wine—(1) Mandatory § 4.35 Name and address. statements. (i) A label on each container (a) American wine—(1) Mandatory of imported wine shall state ‘‘imported statement. A label on each container of by’’ or a similar appropriate phrase, American wine shall state either ‘‘bot- followed immediately by the name of tled by’’ or ‘‘packed by’’ followed by the importer, agent, sole distributor, the name of the bottler or packer and or other person responsible for the im- the address (in accordance with para- portation, followed immediately by the graph (c)) of the place where the wine address of the principal place of busi- was bottled or packed. Other words ness in the United States of the named may also be stated in addition to the person. required words ‘‘bottled by’’ or (ii) If the wine was bottled or packed ‘‘packed by’’ and the required name in the United States, the label shall and address if the use of such words is also state one of the following:

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(A) ‘‘Bottled by’’ or ‘‘packed by’’ fol- and actual alcoholic beverage business lowed by the name of the bottler or at such additional place or address, and packer and the address (in accordance (2) The label also contains in direct with paragraph (c)) of the place where conjunction therewith, appropriate de- the wine was bottled or packed; or scriptive material indicating the func- (B) If the wine was bottled or packed tion occurring at such additional place for the person responsible for the im- or address in connection with the par- portation, the words ‘‘imported by and ticular product. bottled (packed) in the United States (d) Trade or operating names. The for’’ (or a similar appropriate phrase) trade or operating name of any person followed by the name and address of appearing upon any label shall be iden- the principal place of business in the tical with a name appearing on the United States of the person responsible basic permit or other qualifying docu- for the importation; or ment. (e) The provisions of this section are (C) If the wine was bottled or packed optional until they become mandatory by the person responsible for the im- July 27, 1994. portation, the words ‘‘imported and 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. Redesignated by T.D. of business in the United States of the ATF–953, 68 FR 39455, July 2, 2003] person responsible for the importation. § 4.36 Alcoholic content. (iii) If the wine was blended, bottled or packed in a foreign country other (a) Alcoholic content shall be stated than the country of origin, and the in the case of wines containing more label identifies the country of origin, than 14 percent of alcohol by volume. In the case of wine containing 14 per- the label shall state ‘‘blended by,’’ cent or less of alcohol by volume, the ‘‘bottled by,’’ or ‘‘packed by,’’ or other alcohol content may be stated, but appropriate statement, followed by the need not be stated if the type designa- name of the blender, bottler or packer tion ‘‘table’’ wine (or ‘‘light’’ wine) ap- and the place where the wine was pears on the brand label as prescribed blended, bottled or packed. in § 4.32(a)(2). Any statement of alco- (2) Optional statements. In addition to holic content shall be made as pre- the statements required by paragraph scribed in paragraph (b) of this section. (b) (1), the label may also state the (b) Alcoholic content shall be stated name and address of the principal place in terms of percentage of alcohol by of business of the foreign producer. volume, and not otherwise, as provided Other words, or their English-language in either paragraph (b)(1) or (2) of this equivalents, denoting winemaking op- section: erations may be used in accordance (1) ‘‘Alcohol ll % by volume,’’ or with the requirements of the country similar appropriate phrase; Provided, of origin, for wines sold within the that if the word ‘‘alcohol’’ and/or ‘‘vol- country of origin. ume’’ are abbreviated, they shall be (c) Form of address. The ‘‘place’’ stat- shown as ‘‘alc.’’ (alc) and/or ‘‘vol.’’ ed shall be the post office address (vol), respectively. Except as provided shown on the basic permit or other in paragraph (c) of this section, a toler- qualifying document of the premises at ance of 1 percent, in the case of wines which the operations took place; and containing more than 14 percent of al- there shall be shown the address for cohol by volume, and of 1.5 percent, in each operation which is designated on the case of wines containing 14 percent the label. An example of such use or less of alcohol by volume, will be would be ‘‘Produced at Gilroy, Cali- permitted either above or below the fornia, and bottled at San Mateo, Cali- stated percentage. fornia, by XYZ Winery,’’ except that (2) ‘‘Alcohol ll % to ll % by vol- the street address may be omitted. No ume,’’ or similar appropriate phrase; additional places or addresses shall be Provided, that if the word ‘‘alcohol’’ stated for the same person unless: and/or ‘‘volume’’ are abbreviated, they (1) Such person is actively engaged in shall be shown as ‘‘alc.’’ (alc) and/or the conduct of an additional bona fide ‘‘vol.’’ (vol), respectively. Except as

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provided in paragraph (c) of this sec- be shown. If shown, the U.S. equivalent tion, a range of not more than 2 per- volume will be shown as follows: cent, in the case of wines containing (1) For the metric standards of fill: 3 more than 14 percent of alcohol by vol- liters (101 fl. oz.); 1.5 liters (50.7 fl. oz.); ume, and of not more than 3 percent, in 1 liter (33.8 fl. oz.); 750 ml (25.4 fl. oz.); the case of wines containing 14 percent 500 ml (16.9 fl. oz.); 375 ml (12.7 fl. oz.); or less of alcohol by volume, will be 187 ml (6.3 fl. oz.); 100 ml (3.4 fl. oz.); permitted between the minimum and and 50 ml (1.7 fl. oz.). maximum percentages stated, and no (2) Equivalent volumes of less than tolerances will be permitted either 100 fluid ounces will be stated in fluid below such minimum or above such ounces only, accurate to the nearest maximum. one-tenth of a fluid ounce; for example, (c) Regardless of the type of state- 700 ml (23.7 fl. oz.). ment used and regardless of tolerances (3) Equivalent volumes of 100 fluid normally permitted in direct state- ounces or more will be stated in fluid ments and ranges normally permitted ounces only, accurate to the nearest in maximum and minimum state- whole fluid ounce; for example, 6 liters ments, alcoholic content statements, (203 fl. oz.). whether required or optional, shall (c) Net contents marked in bottle. The definitely and correctly indicate the net contents need not be stated on any class, type and taxable grade of the label if the net contents are displayed wine so labeled and nothing in this sec- by having the same blown, etched, tion shall be construed as authorizing sand-blasted, marked by underglaze the appearance upon the labels of any coloring, or otherwise permanently wine of an alcoholic content statement marked by any method approved by the in terms of maximum and minimum appropriate TTB officer, in the sides, percentages which overlaps a pre- front, or back of the bottle, in letters scribed 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 [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as of wine within the container, except amended by T.D. ATF–275, 53 FR 27046, July that the following tolerances shall be 18, 1988; T.D. TTB–114, 78 FR 34568, June 10, allowed: 2013] (1) Discrepancies due exclusively to errors in measuring which occur in fill- § 4.37 Net contents. ing conducted in compliance with good (a) Statement of net contents. The net commercial practice. contents of wine for which a standard (2) Discrepancies due exclusively to of fill is prescribed in § 4.72 shall be differences in the capacity of con- stated in the same manner and form as tainers, resulting solely from unavoid- set forth in the standard of fill. The net able difficulties in manufacturing such content of wine for which no standard containers so as to be of uniform ca- of fill is prescribed in § 4.72 shall be pacity: Provided, That no greater toler- stated in the metric system of measure ance shall be allowed in case of con- as follows: tainers which, because of their design, (1) If more than one liter, net con- cannot be made of approximately uni- tents shall be stated in liters and in form capacity than is allowed in case decimal portions of a liter accurate to of containers which can be manufac- the nearest one-hundredth of a liter. tured so as to be of approximately uni- (2) If less than one liter, net contents form capacity. shall be stated in milliliters (ml). (3) Discrepancies in measure due to (b) Statement of U.S. equivalent net differences in atmospheric conditions contents. When net contents of wine are in various places and which unavoid- stated in metric measure, the equiva- ably result from the ordinary and cus- lent volume in U.S. measure may also tomary exposure of alcoholic beverages

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in containers to evaporation. The rea- duction, and the name of the manufac- sonableness to discrepancies under this turer, producer, blender, bottler, pack- paragraph shall be determined on the er, or shipper appearing on the label facts in each case. need not be in the English language if (e) Unreasonable shortages. Unreason- the words ‘‘product of’’ immediately able shortages in certain of the con- precede the name of the country of ori- tainers in any shipment shall not be gin stated in accordance with customs compensated by overages in other con- requirements. Additional statements in tainers in the same shipment. foreign languages may be made on la- [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as bels, if they do not in any way conflict amended by T.D. ATF–49, 43 FR 19848, May 9, with, or contradict the requirements of 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981; §§ 4.30 through 4.39. T.D. ATF–303, 55 FR 42713, Oct. 23, 1990; T.D. (d) Location of label. Labels shall not TTB–91, 76 FR 5476, Feb. 1, 2011] obscure Government stamps nor be obscured thereby. § 4.38 General requirements. (e) Labels firmly affixed. All labels (a) Legibility. All labels shall be so de- shall be affixed to containers of wine in signed that all the statements thereon such manner that they cannot be re- required by §§ 4.30 through 4.39 are read- moved without thorough application of ily legible under ordinary conditions, water or other solvents. and all such statement shall be on a (f) Additional information on labels. contrasting background. Labels may contain information other (b) Size of type. (1) Containers of more than the mandatory label information than 187 milliliters. All mandatory in- required by §§ 4.30 through 4.39, if such formation required on labels by this information complies with the require- part, except the alcoholic content ments of such sections and does not statement, shall be in script, type, or conflict with, nor in any manner qual- printing not smaller than 2 millime- ify statements required by this part. In ters; except that if contained among addition, information which is truth- other descriptive or explanatory infor- ful, accurate, and specific, and which is mation, the script, type, or printing of neither disparaging nor misleading the mandatory information shall be of a size substantially more conspicuous may appear on wine labels. than that of the descriptive or explana- (g) Representations as to materials. If tory information. any representation (other than rep- (2) Containers of 187 milliliters or resentations or information required less. All mandatory information re- by §§ 4.30 through 4.39 or percentage quired on labels by this part, except statements required or permitted by the alcoholic content statement, shall this part) is made as to the presence, not be smaller than 1 millimeter, ex- excellence, or other characteristic of cept that if contained among other de- any ingredient in any wine, or used in scriptive or explanatory information, its production, the label containing the script, type, or printing of the such representation shall state, in mandatory information shall be of a print, type, or script, substantially as size substantially more conspicuous conspicuous as such representation, than that of the descriptive or explana- the name and amount in percent by tory information. volume of each such ingredient. (3) Alcoholic content statements (h) Statement of contents of containers. shall not appear in script, type, or Upon request of the appropriate TTB printing larger or more conspicuous officer, there shall be submitted a full than 3 millimeters nor smaller than 1 and accurate statement of the contents millimeter on labels of containers hav- of the containers to which labels are to ing a capacity of 5 liters or less and be or have been affixed. shall not be set off with a border or [T.D. ATF–53, 43 FR 37677, Aug. 23, 1978, as otherwise accentuated. amended by T.D. ATF–66, 45 FR 40544, June (c) English language. All mandatory 13, 1980; T.D. ATF–94, 46 FR 55095, Nov. 6, label information shall be stated on la- 1981; T.D. ATF–249, 52 FR 5955, Feb. 27, 1987; bels in the English language, except T.D. ATF–275, 53 FR 27046, July 18, 1988; T.D. that the brand name, the place of pro- ATF–312, 56 FR 31077, July 9, 1991]

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§ 4.38a Bottle cartons, booklets and (3) Any statement, design, device, or leaflets. representation which is obscene or in- decent. (a) General. An individual covering, (4) Any statement, design, device, or carton, or other container of the bottle representation of or relating to anal- used for sale at retail (other than a yses, standards, or tests, irrespective of shipping container), or any written, falsity, which the appropriate TTB offi- printed, graphic, or other matter ac- cer finds to be likely to mislead the companying the bottle to the consumer consumer. buyer shall not contain any statement, (5) Any statement, design, device or design, device, or graphic, pictorial, or representation of or relating to any emblematic representation that is pro- guarantee, irrespective of falsity, hibited by §§ 4.30 through 4.39 on labels. which the appropriate TTB officer finds (b) Sealed cartons. If bottles are en- to be likely to mislead the consumer. closed in sealed opaque coverings, car- Money-back guarantees are not prohib- tons, or other containers used for sale ited. at retail (other than a shipping con- (6) A trade or brand name that is the tainer), such coverings, cartons, or name of any living individual of public other containers must bear all manda- prominence, or existing private or pub- tory label information. lic organization, or is a name that is in (c) Other cartons. (1) If an individual simulation or is an abbreviation there- covering, carton, or other container of of, or any graphic, pictorial, or em- the bottle used for sale at retail (other blematic representation of any such in- than a shipping container) is so de- dividual or organization, if the use of signed that the bottle is readily remov- such name or representation is likely able, it may display any information falsely to lead the consumer to believe that the product has been endorsed, which is not in conflict with the label made, or used by, or produced for, or on the bottle contained therein. under the supervision of, or in accord- (2) Cartons displaying brand names ance with the specifications of, such in- and/or designations must display such dividual or organization; Provided, names and designations in their en- That this paragraph shall not apply to tirety—brand names required to be the use of the name of any person en- modified, e.g. by ‘‘Brand’’ or ‘‘Product gaged in business as a producer, blend- of U.S.A.’’, must also display such er, rectifier, importer, wholesaler, re- modification. tailer, bottler, or warehouseman of (3) Wines for which a truthful and wine, nor to the use by any person of a adequate statement of composition is trade or brand name that is the name required must display such statement. of any living individual of public prom- [T.D. ATF–36, 41 FR 47425, Oct. 29, 1976] inence or existing private or public organization, provided such trade or § 4.39 Prohibited practices. brand name was used by him or his 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.

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(8) Any coined word or name in the the significance thereof such as ‘‘es- brand name or class and type designa- tablished’’ or ‘‘founded in’’. If any such tion which simulates, imitates, or date refers to the date of establishment which tends to create the impression of any business or brand name, it shall that the wine so labeled is entitled to not be stated, in the case of containers bear, any class, type, or permitted des- of a capacity of 5 liters or less, in any ignation recognized by the regulations script, type, or printing larger than 2 in this part unless such wine conforms millimeters, and shall be stated in di- to the requirements prescribed with re- rect conjunction with the name of the spect to such designation and is in fact person, company, or brand name to so designated on its labels. which it refers if the appropriate TTB (9) Any word in the brand name or officer finds that this is necessary in class and type designation which is the order to prevent confusion as to the name of a distilled spirits product or person, company, or brand name to which simulates, imitates, or created which the establishment date is appli- the impression that the wine so labeled cable. is, or is similar to, any product cus- (e) Simulation of Government stamps. tomarily made with a distilled spirits (1) No labels shall be of such design as 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

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of vintage date issued by a duly au- been endorsed, made, or used by, or thorized official of the appropriate for- produced for, or under the supervision eign government, the label, except of, or in accordance with the specifica- where prohibited by the foreign govern- tions of the government, organization, ment, may refer to such certificate or family, or individual with whom such the fact of such certification, but shall flag, seal, coat of arms, crest, or insig- not be accompanied by any additional nia is associated. statements relating thereto. The ref- (h) Health-related statements—(1) Defi- erence to such certificate or certifi- nitions. When used in this paragraph cation shall be substantially in the fol- (h), terms are defined as follows: lowing form: (i) Health-related statement means any statement related to health (other This product accompanied at the time of the importation by a certificate issued by than the warning statement required the by § 16.21 of this chapter) and includes llllllllllllllllllllllll statements of a curative or therapeutic nature that, expressly or by implica- (Name of government) tion, suggest a relationship between government indicating that the product is the consumption of alcohol, wine, or llllllllllllllllllllllll any substance found within the wine, and health benefits or effects on (Class and type as stated on the label) health. The term includes both specific and (if label bears a statement of vintage health claims and general references to date) that the wine is of the vintage of alleged health benefits or effects on llllllllllllllllllllllll health associated with the consump- (Year of vintage stated on the label) tion of alcohol, wine, or any substance found within the wine, as well as (f) Use of the word ‘‘Importer’’, or simi- health-related directional statements. lar words. The word Importer, or similar The term also includes statements and words, shall not be stated on labels on claims that imply that a physical or containers of domestic wine except as psychological sensation results from part of the bona fide name of a per- consuming the wine, as well as state- mittee for or by whom, or of a retailer ments and claims of nutritional value for whom, such wine is bottled, packed (e.g., statements of vitamin content). or distributed: Provided, That in all Statements concerning caloric, carbo- cases where such words are used as part hydrate, protein, and fat content do of such name, there shall be stated on not constitute nutritional claims about the same label the words ‘‘Product of the product. the United States’’, or similar words to (ii) Specific health claim is a type of negative any impression that the prod- health-related statement that, ex- uct is imported, and such negative pressly or by implication, characterizes statement shall appear in the same size the relationship of the wine, alcohol, or and kind of printing as such name. any substance found within the wine, (g) Flags, seals, coats of arms, crests, to a disease or health-related condi- and other insignia. Labels shall not con- tion. Implied specific health claims in- tain, in the brand name or otherwise, clude statements, symbols, vignettes, any statement, design, device, or pic- or other forms of communication that torial representation which the appro- suggest, within the context in which priate TTB officer finds relates to, or is they are presented, that a relationship capable of being construed as relating exists between wine, alcohol, or any to, the armed forces of the United substance found within the wine, and a States, or the American flag, or any disease or health-related condition. emblem, seal, insignia, or decoration (iii) Health-related directional state- associated with such flag or armed ment is a type of health-related state- forces; nor shall any label contain any ment that directs or refers consumers statement, design, device, or pictorial to a third party or other source for in- representation of or concerning any formation regarding the effects on flag, seal, coat of arms, crest or other health of wine or alcohol consumption. insignia, likely to mislead the con- (2) Rules for labeling—(i) Health-related sumer to believe that the product has statements. In general, labels may not

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contain any health-related statement dispel any misleading impression con- that is untrue in any particular or veyed by the health-related directional tends to create a misleading impres- statement. sion as to the effects on health of alco- (i) Geographic brand names. (1) Except hol consumption. TTB will evaluate as provided in subparagraph 2, a brand such statements on a case-by-case name of viticultural significance may basis and may require as part of the not be used unless the wine meets the health-related statement a disclaimer appellation of origin requirements for or some other qualifying statement to the geographic area named. dispel any misleading impression con- (2) For brand names used in existing veyed by the health-related statement. certificates of label approval issued (ii) Specific health claims. (A) TTB will prior to July 7, 1986: consult with the Food and Drug Ad- (i) The wine shall meet the appella- ministration (FDA), as needed, on the tion of origin requirements for the geo- use of a specific health claim on a wine graphic area named; or label. If FDA determines that the use (ii) The wine shall be labeled with an of such a labeling claim is a drug claim appellation of origin in accordance that is not in compliance with the re- with § 4.34(b) as to location and size of quirements of the Federal Food, Drug, type of either: and Cosmetic Act, TTB will not ap- (A) A county or a viticultural area, if prove the use of that specific health the brand name bears the name of a ge- claim on a wine label. ographic area smaller than a state, or; (B) TTB will approve the use of a spe- (B) A state, county or a viticultural cific health claim on a wine label only area, if the brand name bears a state if the claim is truthful and adequately name; or substantiated by scientific or medical (iii) The wine shall be labeled with evidence; sufficiently detailed and some other statement which the appro- qualified with respect to the categories priate TTB officer finds to be sufficient of individuals to whom the claim ap- to dispel the impression that the geo- plies; adequately discloses the health graphic area suggested by the brand risks associated with both moderate name is indicative of the origin of the and heavier levels of alcohol consump- wine. tion; and outlines the categories of in- (3) A name has viticultural signifi- dividuals for whom any levels of alco- cance when it is the name of a state or hol consumption may cause health county (or the foreign equivalents), risks. This information must appear as when approved as a viticultural area in part of the specific health claim. part 9 of this chapter, or by a foreign (iii) Health-related directional state- government, or when found to have ments. A statement that directs con- viticultural significance by the appro- sumers to a third party or other source priate TTB officer. for information regarding the effects (j) Product names of geographical sig- on health of wine or alcohol consump- nificance (not mandatory before January tion is presumed misleading unless it— 1, 1983). The use of product names with (A) Directs consumers in a neutral or specific geographical significance is other non-misleading manner to a prohibited unless the appropriate TTB third party or other source for bal- officer finds that because of their long anced information regarding the ef- usage, such names are recognized by fects on health of wine or alcohol con- consumers as fanciful product names sumption; and and not representations as to origin. In (B)(1) Includes as part of the health- such cases the product names shall be related directional statement the fol- qualified with the word ‘‘brand’’ imme- lowing disclaimer: ‘‘This statement diately following the product name, in should not encourage you to drink or the same size of type, and as con- to increase your alcohol consumption spicuous as the product name itself. In for health reasons;’’ or addition, the label shall bear an appel- (2) Includes as part of the health-re- lation of origin under the provisions of lated directional statement some other § 4.34(b), and, if required by the appro- qualifying statement that the appropriate TTB officer, a statement dis- priate TTB officer finds is sufficient to claiming the geographical reference as

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a representation as to the origin of the Subpart E—Requirements for With- wine. drawal of Wine From Customs (k) Other indications of origin. Other Custody statements, designs, devices or representations which indicate or infer an § 4.40 Label approval and release. origin other than the true place of ori- (a) Certificate of label approval. Wine, gin of the wine are prohibited. imported in containers, is not eligible (l) Foreign terms. Foreign terms for release from customs custody for which: (1) Describe a particular condi- consumption, and no person may re- tion of the grapes at the time of har- move such wine from customs custody vest (such as ‘‘Auslese,’’ ‘‘Eiswein,’’ for consumption, unless the person re- and ‘‘Trockenbeerenauslese’’); or (2) de- moving the wine has obtained and is in note quality under foreign law (such as possession of a certificate of label ap- ‘‘Qualitatswein’’ and ‘‘Kabinett’’) may proval (COLA) and the containers bear not be used on the labels of American labels identical to the labels appearing wine. on the face of the certificate, or labels with changes authorized by the form. (m) Use of a vineyard, orchard, farm or Any person removing wine in con- ranch name. When used in a brand tainers from customs custody for con- name, a vineyard, orchard, farm or sumption must first apply for and ob- ranch name having geographical or tain a COLA covering the wine from viticultural significance is subject to the appropriate TTB officer, or obtain the requirements of §§ 4.33(b) and 4.39(i) authorization to use the COLA from of this part. Additionally, the name of the person to whom the COLA is a vineyard, orchard, farm or ranch issued. Products imported under an- shall not be used on a wine label, un- other person’s COLA are eligible for re- less 95 percent of the wine in the con- lease only if each bottle or individual tainer was produced from primary container to be imported bears the winemaking material grown on the name (or trade name) and address of named vineyard, orchard, farm or the person to whom the COLA was ranch. issued by TTB, and only if the importer (n) Use of a varietal name, type des- using the COLA to obtain release of a ignation of varietal significance, semi-ge- shipment can substantiate that the neric name, or geographic distinctive des- person to whom the COLA was issued has authorized its use by the importer. ignation. Labels that contain in the If filing electronically, the importer brand name, product name, or distinc- must file with U.S. Customs and Bor- tive or fanciful name, any varietal der Protection (CBP), at the time of (grape type) designation, type designa- filing the customs entry, the TTB-as- tion of varietal significance, semi-ge- signed number of the valid COLA that neric geographic type designation, or corresponds to the label on the brand geographic distinctive designation, are or lot of wine to be imported. If the im- misleading unless the wine is made in porter is not filing electronically, the accordance with the standards pre- importer must provide a copy of the scribed in classes 1, 2, or 3 of § 4.21. Any COLA to CBP at time of entry. In addi- other use of such a designation on tion, the importer must provide a copy other than a class 1, 2, or 3 wine is pre- of the applicable COLA, and proof of sumed misleading. the COLA holder’s authorization if applicable, upon request by the appro- [T.D. 6521, 25 FR 13841, Dec. 29, 1960] priate TTB officer or a customs officer. EDITORIAL NOTE: For FEDERAL REGISTER ci- The COLA requirement imposed by this tations affecting § 4.39, see the List of CFR section applies only to wine that is re- Sections Affected, which appears in the moved for sale or any other commer- Finding Aids section of the printed volume cial purpose. See 27 CFR 27.49, 27.74 and and at www.govinfo.gov. 27.75 for labeling exemptions applicable to certain imported samples of wine. (b) [Reserved] (c) Relabeling. Imported wine in U.S. Customs custody which is not labeled

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in conformity with certificates of label for a certificate of label approval for approval issued by the appropriate TTB the wine in question submitted under officer must be relabeled prior to re- § 13.21 of this chapter; or lease under the supervision and direc- (ii) If a certification for the wine in tion of Customs officers of the port at question was not available when the which the wine is located. importer submitted the application for (d) Cross reference. For procedures relabel approval, the importer must sub- garding the issuance, denial, and rev- mit a copy of the certification to the ocation of certificates of label ap- appropriate TTB officer prior to re- proval, as well as appeal procedures, lease from customs custody of the first see part 13 of this chapter. shipment of the wine. (Approved by the Office of Management and (2) Validity of certification. A certifi- Budget under control numbers 1513–0020 and cation submitted under paragraph 1513–0064) (b)(1) of this section is valid as long as [T.D. ATF–66, 45 FR 40546, June 13, 1980, as the wine is of the same brand and class amended by T.D. ATF–94, 46 FR 55095, Nov. 6, or type, was made by the same pro- 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986; T.D. ATF–359, 59 FR 42160, Aug. 17, 1994; T.D. ducer, was subjected to the same cellar ATF–406, 64 FR 2128, Jan. 13, 1999; T.D. TTB– treatment, and conforms to the state- 145, 81 FR 94197, Dec. 22, 2016] ments made on the certification. Ac- cordingly, if the cellar treatment of § 4.45 Certificates of origin, identity the wine changes and a new certifi- and proper cellar treatment. cation under § 27.140 is required, an im- (a) Certificate of origin and identity. porter is required to submit a new cer- Wine imported in containers is not eli- tification for the wine even though it is gible for release from customs custody subject to the same label approval. for consumption, and no person may (3) Use of certification. TTB may use remove such wine from customs custody for consumption, unless that per- the information from a certification son has obtained, and is in possession for purposes of verifying the appro- of an invoice accompanied by a certifi- priate class and type designation of the cate of origin issued by the appropriate wine under the labeling provisions of foreign government if that country re- this part. TTB will make certifications quires the issuance of such a certificate submitted under paragraph (b)(1) of for wine exported from that country. this section available to the public on The certificate must have been issued the TTB Internet Web site at by an official duly authorized by the www.ttb.gov. foreign government, and it must cer- (c) Retention of certificates. The im- tify as to the identity of the wine and porter of wine imported in containers that the wine has been produced in must retain for five years following the compliance with the laws of the foreign date of the removal of the bottled wine country regulating the production of from customs custody copies of the cer- the wine for home consumption. tificates (and accompanying invoices, (b) Certification of proper cellar treat- if required) required by paragraphs (a) ment of natural wine—(1) General. An and (b) of this section, and must pro- importer of wine may be required to vide them upon request of the appro- have in his or her possession at the priate TTB officer or a customs officer. time of release of the wine from customs custody a certification or may (Approved by the Office of Management and have to comply with other conditions Budget under control numbers 1513–0064 and prescribed in § 27.140 of this chapter re- 1513–0119) garding proper cellar treatment. If im- [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as ported wine requires a certification amended by T.D. TTB–31, 70 FR 49482, Aug. under § 27.140, the importer must pro- 24, 2005; T.D. TTB–145, 81 FR 94197, Dec. 22, vide a copy of that certification to TTB 2016] as follows: (i) The importer must attach a copy of the certification to the application

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Subpart F—Requirements for Ap- The appropriate TTB 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 TTB officer the name certificate of label approval, TTB Form and address of the additional bottling 5100.31, is issued by the appropriate or packing plant where the particular TTB officer. label is to be used. (b) Any bottler or packer of wine shall be exempt from the requirements § 4.53 Retention of certificates. of this section if upon application the Wine that would be required under bottler or packer shows to the satisfac- § 4.45 to be covered by a certificate of tion of the appropriate TTB officer origin and identity and/or a certifi- that the wine to be bottled or packed is cation of proper cellar treatment and not to be sold, offered for sale, or that is imported in bulk for bottling in shipped or delivered for shipment, or the United States may be removed for otherwise introduced in interstate or foreign commerce. Application for ex- consumption from the premises where emption shall be made on TTB Form bottled only if the bottler possesses a 5100.31 in accordance with instructions certificate of origin and identity and/or on the form. If the application is ap- a certification of proper cellar treat- proved, a certificate of exemption will ment of natural wine applicable to the be issued on the same form. wine, issued by the appropriate entity (c) Cross reference. For procedures re- as set forth in §§ 4.45 and 27.140 of this garding the issuance, denial, and rev- chapter respectively, that provides the ocation of certificates of label ap- same information as a certificate re- proval, and certificates of exemption quired under § 4.45(a) and (b) would pro- from label approval, as well as appeal vide for like wine imported in bottles. procedures, see part 13 of this chapter. The bottler of wine imported in bulk [T.D. ATF–66, 45 FR 40546, June 13, 1980, as must retain for five years following the amended by T.D. ATF–94, 46 FR 55095, Nov. 6, removal of such wine from the bonded 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986; wine cellar where bottled copies of the T.D. ATF–344, 58 FR 40354, July 28, 1993; T.D. certificates required by § 4.45(a) and (b), ATF–406, 64 FR 2128, Jan. 13, 1999; T.D. ATF– and must provide them upon request of 425, 65 FR 11891, Mar. 7, 2000] the appropriate TTB officer. § 4.51 Exhibiting certificates to Gov- (Approved by the Office of Management and ernment officials. Budget under control number 1513–0064) Any bottler or packer holding an [T.D. TTB–145, 81 FR 94197, Dec. 22, 2016] original or duplicate original of a certificate of label approval or a certificate of exemption shall, upon demand, Subpart G—Advertising of Wine exhibit such certificate to a duly au- § 4.60 Application. thorized representative of the United States Government. No person engaged in the business as a producer, rectifier, blender, importer, § 4.52 Photoprints. or wholesaler of wine, directly or indi- Photoprints or other reproductions of rectly or through an affiliate, shall certificates of label approval or certifi- publish or disseminate or cause to be cates of exemption are not acceptable, published or disseminated by radio or for the purposes of §§ 4.50 through 4.52, television broadcast, or in any news- as substitutes for an original or dupli- paper, periodical, or any publication, cate original of a certificate of label by any sign or outdoor advertisement, approval, or a certificate of exemption. or any other printed or graphic matter,

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

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

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

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to a third party or other source for in- manner as prominent as the health-re- formation regarding the effects on lated directional statement, some health of wine or alcohol consumption. other qualifying statement that the ap- (2) Rules for advertising—(i) Health-re- propriate TTB officer finds is sufficient lated statements. In general, advertise- to dispel any misleading impression ments may not contain any health-re- conveyed by the health-related direc- lated statement that is untrue in any tional statement. particular or tends to create a mis- (j) Confusion of brands. Two or more leading impression as to the effects on different brands or lots of wine shall health of alcohol consumption. TTB not be advertised in one advertisement will evaluate such statements on a (or in two or more advertisements in case-by-case basis and may require as one issue of a periodical or newspaper, part of the health-related statement a or in one piece of other written, print- disclaimer or some other qualifying ed, or graphic matter) if the advertise- statement to dispel any misleading im- ment tends to create the impression pression conveyed by the health-related statement. Such disclaimer or that representations made as to one other qualifying statement must ap- brand or lot apply to the other or oth- pear as prominent as the health-related ers, and if as to such latter the rep- statement. resentations contravene any provision (ii) Specific health claims. A specific of §§ 4.60 through 4.64 or are in any re- health claim will not be considered spect untrue. misleading if it is truthful and ade- (k) Deceptive advertising techniques. quately substantiated by scientific or Subliminal or similar techniques are medical evidence; sufficiently detailed prohibited. ‘‘Subliminal or similar and qualified with respect to the cat- techniques,’’ as used in this part, refers egories of individuals to whom the to any device or technique that is used claim applies; adequately discloses the to convey, or attempts to convey, a health risks associated with both mod- message to a person by means of im- erate and heavier levels of alcohol con- ages or sounds of a very brief nature sumption; and outlines the categories that cannot be perceived at a normal of individuals for whom any levels of level of awareness. alcohol consumption may cause health risks. This information must appear as [T.D. 6521, 25 FR 13843, Dec. 29, 1960, as amended by T.D. 6976, 33 FR 15025, Oct. 8, part of the specific health claim and in 1968; T.D. ATF–53, 43 FR 37678, Aug. 23, 1978; a manner as prominent as the specific T.D. ATF–180, 49 FR 31672, Aug. 8, 1984; TTB health claim. T.D.–1, 68 FR 10103, Mar. 3, 2003] (iii) Health-related directional statements. A statement that directs con- § 4.65 Comparative advertising. sumers to a third party or other source (a) General. Comparative advertising for information regarding the effects shall not be disparaging of a competi- on health of wine or alcohol consump- tor’s product. tion is presumed misleading unless it— (A) Directs consumers in a neutral or (b) Taste tests. (1) Taste test results other non-misleading manner to a may be used in advertisements com- third party or other source for bal- paring competitors’ products unless anced information regarding the ef- they are disparaging, deceptive, or fects on health of wine or alcohol con- likely to mislead the consumer. sumption; and (2) The taste test procedure used (B)(1) Includes as part of the health- shall meet scientifically accepted pro- related directional statement, and in a cedures. An example of a scientifically manner as prominent as the health-re- accepted procedure is outlined in the lated directional statement, the fol- Manual on Sensory Testing Methods, lowing disclaimer: ‘‘This statement ASTM Special Technical Publication should not encourage you to drink or 434, published by the American Society increase your alcohol consumption for for Testing and Materials, 1916 Race health reasons;’’ or Street, Philadelphia, Pennsylvania (2) Includes as part of the health-re- 19103, ASTM, 1968, Library of Congress lated directional statement, and in a Catalog Card Number 68–15545.

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(3) A statement shall appear in the quarts, and gallons) prescribed by regu- advertisement providing the name and lation before that date. address of the testing administrator. (Approved by the Office of Management and [T.D. ATF–180, 49 FR 31673, Aug. 8, 1984, as Budget under control number 1513–0064) amended by T.D. TTB–91, 76 FR 5477, Feb. 1, [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as 2011] amended by T.D. ATF–49, 43 FR 19848, May 9, 1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981; Subpart H—Standards of Fill for T.D. TTB–91, 76 FR 5477, Feb. 1, 2011; T.D. Wine TTB–145, 81 FR 94197, Dec. 22, 2016] § 4.71 Standard wine containers. § 4.70 Application. (a) A standard wine container shall (a) Except as provided in paragraph be made, formed and filled to meet the (b) of this section, no person engaged in following specifications: business as a producer, rectifier, blend- (1) Design. It shall be so made and er, importer, or wholesaler of wine, di- formed as not to mislead the pur- rectly or indirectly or through an affil- chaser. Wine containers shall be held iate, shall sell or ship or deliver for (irrespective of the correctness of the sale or shipment, or otherwise intro- net contents specified on the label) to duce in interstate or foreign com- be so made and formed as to mislead merce, or receive therein, or remove the purchaser if the actual capacity is from customs custody, any wine unless substantially less than the apparent such wine is bottled or packed in the capacity upon visual examination standard wine containers herein pre- under ordinary conditions of purchase scribed. or use; and (b) Sections 4.71 and 4.72 of this part (2) Fill. It shall be so filled as to con- do not apply to: tain the quantity of wine specified in (1) Sake; one of the standards of fill prescribed (2) Wine packed in containers of 18 li- in § 4.72; and ters or more; (3) Headspace. It shall be made and (3) Imported wine in the original con- filled as to have a headspace not in ex- tainers in which entered customs cus- cess of 6 percent of its total capacity tody if the wine was bottled or packed after closure if the net content of the before January 1, 1979; container is 187 milliliters or more, and (4) Imported wine bottled or packed a headspace not in excess of 10 percent before January 1, 1979, and certified as of such capacity in the case of all other to such in a statement, available to the containers. appropriate TTB officer upon request, [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as signed by an official duly authorized by amended by T.D. TTB–91, 76 FR 5477, Feb. 1, the appropriate foreign government; or 2011] (5) Wine domestically bottled or packed, either in or out of customs cus- § 4.72 Metric standards of fill. tody, before October 24, 1943, if the con- (a) Authorized standards of fill. The tainer, or the label on the container, standards of fill for wine are the fol- bears a conspicuous statement of the lowing: net contents, and if the actual capacity 3 liters. 375 milliliters. of the container is not substantially 1.5 liters. 187 milliliters. less than the apparent capacity upon 1 liter. 100 milliliters. 750 milliliters. 50 milliliters. visual examination under ordinary con- 500 milliliters. ditions of purchase or use. (c) Section 4.72 of this part does not (b) Sizes larger than 3 liters. Wine may apply to wine domestically bottled or be bottled or packed in containers of 4 packed, either in or out of customs cus- liters or larger if the containers are filled and labeled in quantities of even tody, before January 1, 1979, if the wine liters (4 liters, 5 liters, 6 liters, etc.). was bottled or packed according to the (c) Tolerances. The tolerances in fill standards of fill (listed in ounces, are the same as are allowed by § 4.37 in

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

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

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

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

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

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