CALL TITLE 27-INTOXICATING LIQUORS CHAPTER I-BUREAU OF INTERNAL REVENUE PART 4-LABELING AND ADVERTIS- ING OF WINE LABELING REQUIREMENTS FOR WINE $4.30 General. * (b) Alteration of labels. (1) It shall (2) No application for permission to § 4.32 Mandatory label information. (1) Brand name, in accordance with (2) Class, type, or other designation, in (3) Name and address, in accordance (4) On blends consisting of foreign and (b) There shall be stated on the brand (1) Alcoholic content, in accordance (2) Net contents, in accordance with (c) In the case of imported wine, the § 4.33 Brand names-(a) General. (b) Misleading brand names. No la- any impression or inference as to the age, origin, identity, or other characteristics of the product unless the Deputy Commissioner finds that such brand name, either when qualified by the word "brand" or when not so qualified, conveys no erroneous impressions as to the age, origin, identity, or other characteristics of the product. (c) Trade name of foreign origin. This section shall not operate to prohibit the use by any person of any trade name or brand of foreign origin not effectively registered in the United States Patent Office on August 29, 1935, which has been used by such person or his predecessors in the United States for a period of at least five years immediately preceding August 29, 1935; Provided, That if such trade name or brand is used, the designation of the product shall be qualified by the name of the locality in the United States in which produced, and such qualification shall be in script, type, or printing as conspicuous as the trade name or brand. 161, sec. 5 (e), 49 Stat. 982, sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat. 1965, 1966, I.R.C. 3170, 53 Stat. 373; 5 U.S.C. 22, 27 U.S.C. 205, 26 U.S.C. 3170) amended by T.D. 5051, June 5, 1941; 6 F.R. 2874] (R.S. [As $4.37 Net contents. (a) The net contents of wine for which a standard of fill is prescribed in §§ 4.70-4.72 shall be stated in the same manner and form in which such standard of fill is set forth in said article. (b) The net contents of wine for which no standard of fill is prescribed in S$ 4.70-4.72 shall be stated as follows, except that net contents may be expressed in the metric system of measure for containers of 1⁄2 liter, 1 liter and 11⁄2 liter: (1) If 1 pint, 1 quart, or 1 gallon, the net contents shall be so stated. (2) If less than a pint, the net contents shall be stated in fractions of a pint, or in fluid ounces. (3) If more than a pint, but less than a quart, the net contents shall be stated in fractions of a quart, or in pints and fluid ounces. (4) If more than a quart, but less than a gallon, the net contents shall be stated (h) Flags, seals, coats of arms, crests, and other insignia. Labels shall not contain, in the brand name or otherwise, any statement, design, device, or pictorial representation which the Deputy Commissioner finds relates to, or is capable of being construed as relating to, the armed forces of the United States, or the American flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any label contain any statement, design, device, or pictorial representation of or concerning any flag, seal, coat of arms, crest or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated. [As amended by T.D. 5051, June 5, 1941; 6 F.R. 2874] (g) Flags, seals, coats of arms, crests, and other insignia. No advertisement shall contain any statement, design, device, or pictorial representation of or relating to, or capable of being construed as relating to, the armed forces of the United States, or of the American flag, or of any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any advertisement contain any statement, device, design, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crests, or insignia is associated. [As amended by T.D. 5051, June 5, 1941; 6 F.R. 2874] * STANDARDS OF FILL FOR WINE § 4.70 Application of article. (a) Except as provided in paragraph (b), no person engaged in business as a producer, rectifier, blender, importer, or wholesaler of wine, directly or indirectly or through an affiliate, shall sell or ship or deliver for sale or shipment, or otherwise introduce in interstate or foreign commerce, or receive therein, or remove from customs custody, any wine unless such wine is bottled or packed in the standard wine containers herein prescribed. (b) Sections 4.70-4.72 shall not apply (1) to sake, or (2) to wine packed in containers of 5 gallons or more, or (3) to imported wine in the original containers in which entered in customs custody, or (4) to wine domestically bottled or packed, either in or out of customs custody, prior to the effective date of this article, if the container, or the label on the container, bears a conspicuous statement of the net contents thereof, and if the actual capacity of the container is not substantially less than the apparent capacity upon visual examination under ordinary conditions of purchase or use. (R.S. 161, sec. 5 (e), 49 Stat. 982, sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat 1965, 1966, I.R.C. 3170, 53 Stat. 373; 5 U.S.C. 22, 27 U.S.C. 205, 26 U.S.C. 3170) [As amended by T.D. 5093, Oct. 21, 1941; 6 F.R. 5465] NOTE: The subject matter previously covered by § 4.70 is now contained in § 4.80. § 4.71 Standard wine containers. (a) A standard wine container shall be made, formed and filled to meet the following specifications: (1) Design. It shall be so made and formed as not to mislead the purchaser. Wine containers shall be held (irrespective of the correctness of the net contents specified on the label) to be so made and formed as to mislead the purchaser if the actual capacity is substantially less than the apparent capacity upon visual examination under ordinary conditions of purchase or use; and (2) Fill. It shall be so filled as to contain the quantity of wine specified in one of the standards of fill prescribed in § 4.72; and (3) Headspace. It shall be so made and filled as to have a headspace not in excess of 6% of its total capacity after closure if the net contents of the container is 5 pint or more, and a headspace not in excess of 10% of such capacity in the case of all other containers. (R.S. 161, sec. 5 (e), 49 Stat. 982, sec. 2, 49 Stat 1152, secs. 505, 506, 49 Stat. 1965, 1966, I.R.C. 3170, 53 Stat. 373; 5 U.S.C. 22, 27 U.S.C. 205, 26 U.S.C. 3170) [As amended by T.D. 5093, Oct. 21, 1941; 6 F.R. 5465] § 4.72 Standards of fill. (a) The standards of fill for wine shall be the following, subject to the tolerances hereinafter allowed: (b) The tolerances in fill shall be the same as are allowed by § 4.37 in respect to statement of net contents upon labels. (R.S. 161, sec. 5 (e), 49 Stat. 982, sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat 1965, 1966, I.R.C. 3170, 53 Stat. 373; 5 U.S.C. [As 22, 27 U.S.C. 205, 26 U.S.C. 3170) amended by T.D. 5093, Oct. 21, 1941; 6 F.R. 5465] GENERAL PROVISIONS § 4.80 Exports. The regulations in this part shall not apply to wine exported in bond. (R.S. 161, sec. 5 (e), 49 Stat. 982, sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat. 1965, 1966, I.R.C. 3170, 53 Stat. 373; 5 U.S.C. 22, 27 U.S.C. 205, 26 U.S.C. 3170) [As amended by T.D. 5093, Oct. 21, 1941; 6 F.R. 5465] PART 5-LABELING AND ADVERTISING OF DISTILLED SPIRITS STANDARDS OF IDENTITY FOR DISTILLED SPIRITS § 5.20 Application of standards. The standards of identity for the several classes and types of distilled spirits set forth herein shall be applicable only to distilled spirits for beverage or other non-industrial purposes. Nothing con tained in these standards of identity shall be construed as authorizing the non-industrial use of any distilled spirits produced in an industrial alcohol plant, except that "alcohol" or "neutral spirits," as herein defined, may be so used if produced pursuant to the basic permit requirements of the Federal Alcohol Administration Act. (R.S. 161, sec. 5 (e), 49 Stat. 982, sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat. 1965, 1966, I.R.C. 3170, 53 Stat. 373, 5 U.S.C. 22, 27 U.S.C. 205, 26 U.S.C. 3170) [As amended by T.D. 5051, June 5, 1941; 6 F.R. 2874] § 5.21 The standards of identity. (d) CLASS 4-Brandies. "Brandy" is a distillate, or a mixture of distillates, obtained solely from the fermented juice, mash or wine of fruit, or from the residue thereof, distilled at less than 190° proof in such manner as to possess the taste, aroma and characteristics generally attributed to the product, and bottled at not less than 80° proof; and shall also include such distillates, aged for a period of not less than fifty years, and bottled at not less than 72° proof, in cases where the reduction in proof below 80° is due solely to losses resulting from natural causes during the period of aging. Brandy, or mixtures thereof, not conforming to any of the following standards shall be designated as "brandy," and such designation shall be qualified by a truthful and adequate statement of composition therewith. in direct conjunction (1) "Fruit brandy" is brandy distilled solely from the juice or mash of whole, sound, ripe fruit, or from standard grape, citrus, or other fruit wine, with or without the addition of not more than 20% by volume (calculated prior to the addition of water to facilitate distillation) of the lees of such wine, and shall include mixtures of such brandy with not more than 20% (calculated on a proof basis) of lees brandy. Fruit brandy derived exclusively from grapes, shall be designated as "grape brandy" or "brandy." Fruit brandy, other than grape brandy, derived exclusively from one variety of fruit, shall be designated by the word "brandy" qualified by the name of such fruit (e. g., "peach brandy," "apple brandy," "orange brandy"), except that "apple brandy" may be designated "ap plejack." Fruit brandy derived from more than one variety of fruit shall be designated as "fruit brandy," qualified by a truthful and adequate statement of composition (e. g., "fruit brandy-a blend of 90% grape brandy and 10% blackberry brandy"). (2) "Cognac" or "Cognac grape brandy," is grape brandy distilled in the Cognac region of France, which is entitled to be so designated by the laws and regulations of the French government. (3) "Dried fruit brandy" is brandy that conforms to the standard for fruit brandy except that it has been derived from sound, dried fruit, or from the standard wine of such fruit. Brandy derived from raisins, or from raisin wine, shall be designated as "raisin brandy." Other brandies defined in this paragraph shall be designated in the same manner as fruit brandy from the corresponding variety or varieties of fruit except that the name of the fruit shall be qualified by the word "dried." (4) "Lees brandy" is brandy distilled from the lees of standard grape, citrus, or other fruit wine, and shall be designated as "lees brandy," qualified by the name of the fruit from which such lees are derived. (5) "Pomace brandy," or "marc brandy," is brandy distilled from the skin and pulp of sound, ripe grapes, citrus or other fruit, after the withdrawal of the juice or wine therefrom, and shall be designated as "pomace brandy," or "marc brandy," qualified by the name of the fruit from which derived. Grape pomace brandy may be designated as "grappa" or "grappa brandy." (6) "Neutral brandy" is any brandy distilled on or after July 1, 1941 at more than 170° proof. Brandy so distilled shall be designated in the same manner as if distilled at a lower proof, except that the designation shall be qualified by the word "neutral" in the same size and kind of type, e. g., "neutral brandy," "neutral grape lees brandy," or "neutral grape pcmace brandy." (7) "Substandard” brandy shall bear as a part of its designation the word "substandard," and shall include: (i) Any brandy distilled at not more than 170° proof from juice, mash or wine having a volatile acidity in excess of that prescribed for standard wine, and any brandy distilled at more than 170° proof from juice, mash or wine having a volatile acidity, calculated as acetic acid and exclusive of sulphur dioxide, in excess of 0.20 gram per 100 cubic centimeters (20° C.); measurements of volatile acidity under this subparagraph shall be calculated exclusive of water added to facilitate distillation. (ii) Any brandy which has been distilled from unsound, mouldy, diseased or decomposed juice, mash or wine, or which shows in the finished product any taste, aroma or characteristic associated with products distilled from such juice, mash or wine. [As amended by T.D. 5050, May 29, 1941, effective July 1, 1941; 6 F.R. 2787] (g) CLASS 7. Imitations. § 5.33 Brand names-(a) General. The product shall bear a brand name, except that if not sold under a brand name, then the name of the person required to appear on the brand label shall be deemed a brand name for the purpose of this part. (b) Misleading brand names. No label shall contain any brand name, which, standing alone, or in association with other printed or graphic matter, creates any impression or inference as to the age, origin, identity, or other characteristics of the product unless the Deputy Commissioner finds that such brand name, either when qualified by the word "brand" or when not so qualified, conveys no erroneous impressions as to the age, origin, identity, or other characteristics of the product. (c) Trade name of foreign origin. This section shall not operate to prohibit the use by any person of any trade name or brand of foreign origin not effectively registered in the United States Patent Office on August 29, 1935, which has been used by such person or his predecessors in the United States for a period of at least five years immediately preceding August 29, 1935; Provided, That if such trade name or brand is used, the designation of the product shall be qualified by the name of the locality in the United States in which produced, and such qualification shall be in script, type, or printing as conspicuous as the trade name or brand. (R.S. 161, sec. 5 (e), 49 Stat. 982, sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat. 1965, 1966, I.R.C. 3170, 53 Stat. 373; 5 U.S.C. 22, 27 U.S.C. 205, 26 U.S.C. 3170) [As amended by T.D. 5051, June 5, 1941; 6 F.R. 2874] § 5.34 Class and type. ** (d) In the case of whiskey (as defined in § 5.21 (b)) and American type whiskey produced on or after March 1, 1938, and in the case of brandy produced on or after July 1, 1941, which in whole or in part, is treated with wood chips through percolation or otherwise, during distillation, rectification, or storage, there shall be stated in direct conjunction with the class and type designation the phrase "colored and flavored with wood chips." [As amended by T.D. 5050, May 29, 1941, effective July 1, 1941; 6 F.R. 2787] $5.39 Standards of age and percentage. (b) Statements of age for rum, brandy, Scotch, Irish and Canadian whiskeys, and blended Scotch, blended Irish, and blended Canadian whiskeys. (1) Age may, but need not, be stated on labels of rums, brandies, and blended or unblended Scotch, Irish, and Canadian whiskeys, as defined in §§ 5.20-5.22; Provided, That an appropriate statement with respect to age shall appear on the brand label in the case of any brandy not aged for a period of at least two years. years (2) If age is stated, it shall be substantially as follows: "This rum is years old;" "This brandy is old;" "This whiskey is the blanks to be filled in with the age of the youngest distilled spirits in the product. [As amended by T.D. 5050, years old;" |