Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages

Proposed Subparts: 27 CFR Parts 4, 5, and 7

Part 4 (Wine)	Part 5 (Distilled spirits)	Part 7 (Malt beverages)
Subpart A—General Provisions	Subpart A—General Provisions	Subpart A—General Provisions
Subpart B—Certificates of Label Approval and Certificates of Exemption from Label Approval	Subpart B—Certificates of Label Approval and Certificates of Exemption from Label Approval	Subpart B—Certificates of Label Approval
Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers	Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers	Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers
Subpart D—Label Standards	Subpart D—Label Standards	Subpart D—Label Standards
Subpart E—Mandatory Label Information	Subpart E—Mandatory Label Information	Subpart E—Mandatory Label Information
Subpart F—Restricted Labeling Statements	Subpart F—Restricted Labeling Statements	Subpart F—Restricted Labeling Statements
Subpart G—Prohibited Labeling Practices	Subpart G—Prohibited Labeling Practices	Subpart G—Prohibited Labeling Practices
Subpart H—Labeling Practices That are Prohibited if They are Misleading	Subpart H— Labeling Practices That are Prohibited if They are Misleading	Subpart H— Labeling Practices That are Prohibited if They are Misleading
Subpart I—Standards of Identity for Wine	Subpart I—Standards of Identity for Distilled Spirits	Subpart I—Classes and Types of Malt Beverages
Subpart J—American Grape Variety Names	Subpart J—Formulas	Subpart J—Reserved
Subpart K—Standards of Fill and Authorized Container Sizes	Subpart K—Standards for Fill and Authorized Container Sizes	Subpart K—Reserved
Subpart L—Recordkeeping and Substantiation Requirements	Subpart L—Recordkeeping and Substantiation Requirements	Subpart L—Recordkeeping and Substantiation Requirements
Subpart M—Penalties and Compromise of Liability	Subpart M—Penalties and Compromise of Liability	Subpart M—Penalties and Compromise of Liability
Subpart N—Paperwork Reduction Act	Subpart N—Paperwork Reduction Act	Subpart N—Paperwork Reduction Act

Document No.	Subject	Incorporated into proposed sections at:
Cross Cutting
Industry Circular 1963-23	Use of Disparaging Themes or References in Alcoholic Beverage Advertising is Prohibited	Not incorporated.
TTB Guidance 2011-5	Personalized Labels	§§ 4.29, 5.29, and 7.29.
TTB Ruling 2012-3	Recognition of Andong Soju and Gyeongju Beopju as Distinctive Products of Korea	§§ 4.148 and 5.154.
Wine
Revenue Ruling 54-250	Vintage Date	§ 4.95.
Revenue Ruling 54-418	Aperitif Wine	§ 4.147.
Revenue Ruling 55-618	Wine Labels	Not incorporated.
Revenue Ruling 71-535	Labels on Imported Alcohol Beverages	§ 4.68.
ATF Ruling 73-5	Spanish Wines Labeled with Semi-generic Designations	§ 4.174.
ATF Ruling 73-6	Spanish Wines Labeled with Grape Type Designations	Not incorporated.
ATF Ruling 78-4	Use of Descriptive Terms on Wine Labels	§ 4.94.
ATF Ruling 82-4	Use of Descriptive Terms on Wine Labels	§ 4.94.
ATF Ruling 85-14	Labeling of Wine Bearing Generic or Semi-generic Designation	Not incorporated.
ATF Ruling 91-1	Multistate Appellations of Origin for Contiguous States	§ 4.90.
ATF Ruling 2002-7	Wine made from grapes frozen after harvest may not be labeled with the term “ice wine” or any variation thereof, and if the wine is labeled to suggest it was made from frozen grapes, the label must be qualified to show that the grapes were frozen post-harvest	§ 4.94.
TTB Ruling 2008-1	Standards of Identity and the Use of Semi-generic Designations and Retsina on Certain European Wines Imported into the United States	§ 4.174.
Distilled Spirits
Revenue Ruling 54-592	Relabeling Tax Paid Distilled Spirits	§ 5.42.
Revenue Ruling 55-399	Straight Whiskey	Not Incorporated.
Revenue Ruling 55-552	Grain Neutral Spirits Stored in Wood may not be Labeled as Vodka	§ 5.142.
Revenue Ruling 55-740	Neutral Spirits Subjected to Vodka Process but Stored in Reused Whiskey Barrels may not be Designated or Labeled as Vodka	§ 5.142.
Revenue Ruling 56-98	Flavored Vodka	§ 5.142.
Revenue Ruling 59-408	Addition of Caramel	§ 5.156.
Revenue Ruling 61-15	Labeling of Scotch Whisky	§ 5.90(b).
Revenue Ruling 61-25	Distilled Spirits Labeling	§§ 5.141 and 5.143.
Revenue Ruling 61-71	Use of the Word Straight in Labeling and Advertising of Liqueurs or Cordials	§ 5.150(a).
Revenue Ruling 62-224	Relabeling by Wholesale Liquor Dealer	§ 5.42.
Revenue Ruling 68-502	Light Whisky from Kentucky	§ 5.66(f)(3).
Revenue Ruling 69-58	Age statements	Not Incorporated.
Revenue Ruling 71-188	Whisky Classification as White	§ 5.113.
Revenue Ruling 71-535	Labels on Imported Alcohol Beverages	§ 5.68.
ATF Ruling 75-32	Labeling of Diluted Spirits	§ 5.153.
ATF Ruling 76-3	Labeling of Vodka Treated with Activated Carbon as “Charcoal Filtered”	§ 5.142.
ATF Ruling 79-9	Distilled Spirits Labels	§ 5.67.
ATF Ruling 88-1	Alcohol Content on Labels and in Advertisements of Distilled Spirits	§ 5.44(b)(5).
ATF Ruling 93-3	Age Statements on Grappa Brandy	§ 5.74(c).
ATF Ruling 94-5	Geographical Names	§ 5.143 and § 5.145(c)(2)-(5).
ATF Ruling 97-1	Use of a “Trace Amount” of Citric Acid in the Production of Vodka without Changing its Designation as Vodka	§ 5.142.
ATF Ruling 2001-2	Country of Origin Statements on Distilled Spirits Labels	§ 5.69.
Industry Circular 1971-7	Protection of Names of Bourbon Whiskey and Certain French Brandies	§§ 5.143 and 5.145.
Industry Circular 76-28	Production of New Charred Barrels using Used Heads	Not Incorporated.
Industry Circular 2007-5	Use of the Term Absinthe for Distilled Spirits	§ 5.149.
Malt Beverages
Revenue Ruling 54-513	Labeling and Advertising of Malt Beverages	Not incorporated.
Revenue Ruling 71-535	Labels on Imported Alcohol Beverages	§ 7.68.
ATF Ruling 76-13	Malt Beverages of Less Than 1/2 of 1% Alcohol by Volume Subject to FAA Act	§ 7.145.
ATF Ruling 94-3 (superseded only with respect to the provisions related to part 7. The part 25 provisions remain in effect.)	Ice Beer	§ 7.143.
ATF Procedure 98-1	Labeling of Imported Malt Beverages Bottled or Packed in the United States, and Labeling of Blends of Imported and Domestic Malt Beverages Bottled or Packed in the United States	§§ 7.67 and 7.69.
TTB Ruling 2008-3	Classification of Brewed Products	§ 7.6.
TTB Ruling 2013-1	Malt Beverages Sold Exclusively in Intrastate Commerce	§§ 7.4 and 7.21.
TTB Ruling 2015-1	Ingredients and Processes Used in the Production of Beer Not Subject to Formula Requirements	§§ 7.143 and 7.144.
Industry Circular 1965-1	Use of the Term “Draft Beer” on Labels and in Advertising of Beer	§ 7.87.

27 CFR Part 4
Requirements in new section:	Are derived from current section:
4.0	4.1.
Subpart A—General Provisions
4.1	4.10.
4.2	4.2.
4.3	4.30(a) and New.
4.4	Reserved.
4.5	New.
4.6	New.
4.7	New.
4.8	4.80.
4.9	New.
4.10	4.5.
4.11	4.3.
4.12	4.4.
Subpart B—Certificates of Label Approval and Certificates of Exemption of Label Approval
4.21	4.50(a) and (b).
4.22	New.
4.23	4.50(b).
4.24	4.40.
4.25	New.
4.27	4.51.
4.28	4.38(h) and New.
4.29	New.
4.30	4.45.
Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers
4.41	4.30(b).
4.42	4.30(b).
4.43	4.30(b).
4.44	4.30(b) and New.
Subpart D—Label Standards
4.51	4.38(e).
4.52	4.38(a).
4.53	4.38(b).
4.54	New.
4.55	4.38(c).
4.56	4.38(f).
Subpart E—Mandatory Label Information
4.61	New.
4.62	4.38a and New.
4.63	4.32.
4.64	4.33; 4.39(i) and (j).
4.65	4.36.
4.66	4.35(a) and (c); New.
4.67	4.35(b) and (c).
4.68	4.35.
4.69	New.
4.70	4.37.
Subpart F—Restricted Labeling Statements
4.81	New.
4.82	4.32a.
4.83	4.32b.
4.84	4.101.
4.85	New.
4.86	4.39(e)(2).
4.87	4.39(m).
4.88	4.25(a).
4.89	4.25(b).
4.90	4.25(c) and (d).
4.91	4.25(e).
4.92	4.26.
4.93	New.
4.94	New.
4.95	4.27.
4.96	4.25(a).
4.97	4.25(b).
4.98	4.25(c) and (d).
Subpart G—Prohibited Labeling Practices
4.101	New.
4.102	4.39(a)(1).
4.103	4.39(a)(3).
4.104	4.39(a)(7).
Subpart H—Labeling Practices That Are Prohibited if They Are Misleading
4.121	New.
4.122	4.39(a)(1).
4.123	4.39(a)(5).
4.124	4.39(a)(2).
4.125	4.39(a)(4).
4.126	4.39(g).
4.127	4.39(e).
4.128	4.39(a)(7).
4.129	4.39(h).
4.130	4.39(a)(6).
4.131	4.39(f).
4.132 Reserved	N/A.
4.133	4.39(a)(8).
4.134	4.39(b)-(d).
4.135	4.39(k).
4.136	4.39(n).
Subpart I—The Standards of Identity for Wine
4.141	4.20 and 4.34.
4.142	4.21(a).
4.143	4.21(b).
4.144	4.21(c).
4.145	4.21(d) and (e).
4.146	4.21(f).
4.147	4.21(g).
4.148	(New).
4.149	4.21(i).
4.150	4.21(h).
4.151	New.
4.152 & 4.153 Reserved	N/A.
4.154	4.22.
4.155 Reserved	N/A.
4.156	4.23.
4.157	4.28.
4.158-4.172 Reserved	N/A.
4.173	4.24(a).
4.174	4.24(b).
4.175	4.24(c)(1)-(c)(2).
Subpart J—American Grape Variety Names
4.191	4.93.
4.192	4.91.
4.193	4.92.
Subpart K—Standards for Wine Containers and Authorized Container Sizes
4.201	4.70.
4.202	4.71.
4.203	4.72.
4.204	New.
Subpart L—Recordkeeping and Substantiation Requirements
4.211	New.
4.212	New.
Subpart M—Penalties and Compromise of Liability
4.221	New.
4.222	New.
4.224	New.
Subpart N—Paperwork Reduction Act
4.231	New.

27 CFR Part 5
Requirements of new section:	Are derived from current section:
5.0	5.1.
Subpart A—General Provisions
5.1	5.11.
5.2	5.1.
5.3	New.
5.4	[reserved].
5.5	[reserved].
5.6	[reserved].
5.7	New.
5.8	New.
5.9	New.
5.10	5.2.
5.11	5.3.
5.12	5.4.
Subpart B—Certificates of Label Approval and Certificates of Exemption From Label Approval
5.21	5.31(a).
5.22	5.55.
5.23	5.55(b).
5.24	5.51(a).
5.25	5.51.
5.27	5.51 and 5.55.
5.28	5.33(g).
5.29	New.
5.30	5.52.
Subpart C—Alteration of Labels, Relabeling and Adding Information to Containers
5.41	5.31(b).
5.42	5.31(b).
5.43
Subpart D—Label Standards
5.51	5.33(e).
5.52	5.33(a).
5.53	5.33(b)(5) and (6).
5.54	New.
5.55	5.33(c).
5.56	5.33(f).
Subpart E—Mandatory Label Information
5.61	New.
5.62	5.41 and New.
5.63	5.32.
5.64	5.34.
5.65	5.37.
5.66	5.36.
5.67	5.36.
5.68	5.36.
5.69	5.36(e).
5.70	5.38.
5.71	5.39(a).
5.72	5.39(b).
5.73	5.39(c).
5.74	5.40.
Subpart F—Restricted Labeling Statements
5.81	New.
5.82	5.32a.
5.83	5.32b.
5.84	5.71.
5.85	New.
5.86	Reserved.
5.87	New.
5.88	5.42(b)(4).
5.89	5.42(b)(6).
5.90	5.22(k)(4).
5.91	5.42(b)(5).
Subpart G—Prohibited Labeling Practices
5.101	New.
5.102	5.42(a)(1).
5.103	5.42(a)(3).
Subpart H—Labeling Practices That Are Prohibited if They Are Misleading
5.121	New.
5.122	5.42(a)(1).
5.123	5.42(a)(5).
5.124	5.42(a)(2).
5.125	5.42(a)(4).
5.126	5.42(b)(7).
5.127	5.42.
5.128	New.
5.129	5.42(b)(8).
5.130	5.42(a)(6).
Subpart I—The Standards of Identity for Distilled Spirits
5.141	5.22.
5.142	5.22(a).
5.143	5.22(b) and 5.35(c).
5.144	5.22(c).
5.145	5.22(d).
5.146	5.22(e).
5.147	5.22(f).
5.148	New.
5.149	New.
5.150	5.22(h).
5.151	5.22(i).
5.152	5.22(j).
5.153	New.
5.154	5.22(k) and (l).
5.156	5.23.
5.166	New.
Subpart J—Formulas
5.191	5.25.
5.192	5.26.
5.193	5.27.
5.194	5.28.
Subpart K—Distilled Spirits Containers and Authorized Container Sizes
5.201	5.45.
5.202	5.46.
5.203	5.47a.
5.204	New.
5.205	New.
Subpart L—Recordkeeping and Substantiation Requirements
5.211	New.
5.212	New.
5.213	5.33(g).
Subpart M—Penalties and Compromise of Liability
5.221	New.
5.222	New.
5.223	New.
Subpart N—Paperwork Reduction Act
5.231	New.

27 CFR Part 7
Requirements of new section:	Are derived from current section:
7.0	7.1.
Subpart A—General Provisions
7.1	7.10.
7.2	7.2.
7.3	7.20(b) and (c).
7.4	7.20(a) and New.
7.5	New.
7.6	New.
7.7	New.
7.8	7.60.
7.9	New.
7.10	7.4.
7.11	7.3.
7.12	7.5.
Subpart B—Certificates of Label Approval
7.21	7.20(b), 7.40 and 7.41.
7.22	7.40 and 7.41.
7.23	[reserved].
7.24	7.30 and 7.31(b).
7.25	7.30 and 7.31.
7.27	7.42.
7.28	7.31(d).
7.29	New.
Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers
7.41	7.20(c)(1).
7.42	7.20(c)(2).
7.43	New.
7.44	New.
Subpart D—Label Standards
7.51	7.28(d).
7.52	7.28(a).
7.53	7.28(b).
7.54	New.
7.55	7.28(c).
7.56	7.28(e).
Subpart E—Mandatory Label Information
7.61	New.
7.62	New.
7.63	7.22.
7.64	7.23.
7.65	7.71.
7.66	7.25(a) and (c).
7.67	7.25(b).
7.68	7.25.
7.69	7.New.
7.70	7.27.
Subpart F—Restricted Labeling Statements
7.81	New.
7.82	7.22a.
7.83	7.22b.
7.84	7.81.
7.85	New.
7.86	Reserved.
7.87	New.
Subpart G—Prohibited Labeling Practices
7.101	New.
7.102	7.29(a)(1).
7.103	7.29(a)(3).
Subpart H—Labeling Practices That Are Prohibited if They Are Misleading
7.121	New.
7.122	7.29(a)(1) and New.
7.123	7.29(a)(5).
7.124	7.29(a)(2).
7.125	7.29(a)(4).
7.126	7.29(d).
7.127	7.29(b).
7.129	7.29(e).
7.130	7.29(a)(6).
7.131	7.29(c).
7.132	7.29(f).
Subpart I—Classes and Types of Malt beverages
7.141	7.24(a).
7.142	7.24(e).
7.143	7.24(b) and New.
7.144	New.
7.145	7.24(d).
7.146	7.24(g), (f), and (h).
7.147	New.
Subpart L—Recordkeeping and Substantiation Requirements
7.211	New.
7.212	New.
Subpart M—Penalties and Compromise of Liability
7.221	New.
7.222	New.
7.223	New.
Subpart N—Paperwork Reduction Act
7.231	New.

27 CFR Part 14
Requirements of new section:	Are derived from current section:
14.0	New and 7.50.
Subpart A—General Provisions
14.1	4.11, 4.61, 5.11, 5.61, 7.11, 7.51.
14.2	4.2, 5.1, 7.2.
14.3	4.4, 5.4, 7.5.
14.4	4.60, 5.61, 7.50.
14.5	4.62, 5.63, 7.52.
14.6	4.63, 5.64, 7.53.
Subpart B—Rules Related to Specific Practices in Advertisements
14.11	New.
14.12	4.64(b), 4.65, 5.65(b), 5.66, 7.54(b), 7.55.
14.13	4.64, 5.65, 7.54.
14.14	4.64, 5.65, 7.54, and New.
14.15	4.64.
14.16	5.65.
14.17	7.54.
Subpart C—Penalties and Compromise of Liability
14.21	New.
14.22	New.
14.23	New.
Subpart D—Paperwork Reduction Act
14.31	New.

Small-Entity Size Standards for Potentially Affected Industries and Proportions of Small Entities Within Those Industries

Industry (NAICS code)	Small-entity size standard	Proportion of small entities (2005)	Proportion of small entities (2011)
Breweries (NAICS 312120)	Fewer than 500 employees	92.3 percent (352 small entities of 381 total establishments)	95.6 percent (696 small entities of 728 total establishments).
Wineries (NAICS 312130)	Fewer than 500 employees	95.2 percent (1559 of 1637)	97.0 percent (2613 of 2694).
Distilleries (NAICS 312140)	Fewer than 750 employees	77.0 percent (57 of 74)	91.0 percent (193 of 212).
This is the proportion of entities with under 500 employees; the Statistics of U.S. Businesses data do not include employment at the 750-employee threshold. The true percentage and number of small entities are thus potentially higher than those listed here.
Source: SBA standards, Statistics of U.S. Businesses (see https://www.census.gov/econ/susb/ ).

4.0

Scope.

Subpart A—General Provisions

4.1

Definitions.

4.2

Territorial extent.

4.3

General requirements and prohibitions under the FAA Act.

4.4

[Reserved]

4.5

Wines covered by this part.

4.6

Products produced as wine that are not covered by this part.

4.7

Other TTB labeling regulations that apply to wine.

4.8

Wine for export.

4.9

Compliance with Federal and State requirements.

4.10

Other related regulations.

4.11

Forms.

4.12

Delegations of the Administrator.

Subpart B—Certificates of Label Approval and Certificates of Exemption From Label Approval Requirements for Wine Bottled in the United States

4.21

Requirement for certificate of label approval (COLAs) for wine bottled in the United States.

4.22

Rules regarding certificates of label approval (COLAs) for wine bottled in the United States.

4.23

Application for exemption from label approval for wines bottled in the United States.

Requirements for Wine Imported in Containers

4.24

Certificates of label approval (COLAs) for wine imported in containers.

4.25

Rules regarding certificates of label approval (COLAs) for wine imported in containers.

Administrative Rules

4.27

Presenting Certificates of Label Approval (COLAs) to Government officials.

4.28

Formulas, samples, and documentation.

4.29

Personalized labels.

4.30

Certificates of origin, identity, and proper cellar treatment of wine.

Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers

4.41

Alteration of labels.

4.42

Authorized relabeling activities by proprietors of bonded wine premises and importers.

4.43

Relabeling activities that require separate written authorization from TTB.

4.44

Adding a label or other information to a container that identifies the wholesaler, retailer, or consumer.

Subpart D—Label Standards

4.51

Firmly affixed requirements.

4.52

Legibility and other requirements for mandatory information on labels.

4.53

Type size of mandatory information.

4.54

Visibility of mandatory information.

4.55

Language requirements.

4.56

Additional information.

Subpart E—Mandatory Label Information

4.61

What constitutes a label for purposes of mandatory information.

4.62

Packaging (cartons, coverings, and cases).

4.63

Mandatory label information.

4.64

Brand name.

4.65

Alcohol content.

4.66

Name and address for domestically bottled wine that was wholly fermented in the United States.

4.67

Name and address for domestically bottled wine that was bottled after importation.

4.68

Name and address for wine that was imported in a container.

4.69

Country of origin.

4.70

Net contents.

Subpart F—Restricted Labeling Statements

4.81

General.

Food Allergen Labeling

4.82

Voluntary disclosure of major food allergens.

4.83

Petitions for exemption from major food allergen labeling.

Production Claims

4.84

Use of the term “organic.”

4.85

Environmental, sustainability, and similar statements.

4.86

Use of TTB permit numbers on labels.

4.87

Use of vineyard, orchard, farm, or ranch name as additional information.

Appellations of Origin for Grape Wine

4.88

Appellations of origin for grape wine in general.

4.89

Eligibility for the use of an appellation of origin for grape wine.

4.90

Multicounty and multistate appellations of origin for grape wine.

4.91

Viticultural areas.

Claims About Grape Wine

4.92

Estate bottled.

4.93

Estate grown.

4.94

Claims on grape wine labels for viticultural practices that result in sweet wine.

4.95

Vintage date.

Appellations of Origin for Fruit Wine, Agricultural Wine, and Rice Wine

4.96

Appellations of origin for fruit wine, agricultural wine, and rice wine in general.

4.97

Eligibility requirements for use of an appellation of origin for fruit wine, agricultural wine, and rice wine.

4.98

Multicounty and multistate appellations of origin for fruit wine, agricultural wine, and rice wine.

Subpart G—Prohibited Labeling Practices

4.101

General.

4.102

False or untrue statements.

4.103

Obscene or indecent depictions.

Subpart H—Labeling Practices That Are Prohibited If They Are Misleading

4.121

General.

4.122

Misleading statements or representations.

4.123

Guarantees.

4.124

Disparaging statements.

4.125

Tests or analyses.

4.126

Depictions of government symbols.

4.127

Depictions simulating government stamps or relating to supervision.

4.128

Claims related to distilled spirits or malt beverages.

4.129

Health-related statements.

4.130

Appearance of endorsement.

4.131

Use of the word “importer” or similar words.

4.132

[Reserved]

4.133

Claims regarding terms defined or authorized by this part.

4.134

Statements related to dates or ages.

4.135

Indications of origin.

4.136

Use of a varietal name, type designation of varietal significance, semi-generic name, or geographic distinctive designation.

4.137

Terms relating to intoxicating qualities.

Subpart I—The Standards of Identity for Wine

4.141

The standards of identity in general.

4.142

Still grape wine—class and type designation.

4.143

Sparkling grape wine—class and type designation.

4.144

Carbonated grape wine—class and type designation.

4.145

Fruit wine—class and type designation.

4.146

Agricultural wine—class and type designation.

4.147

Aperitif—class and type designation.

4.148

Rice wine—class and type designation.

4.149

Retsina wine—designation.

4.150

Imitation and substandard or other than standard wine—designation.

4.151

Statements of composition.

4.152-4.153

[Reserved]

Cellar Treatment and Alteration of Class and Type

4.154

Cellar treatment and alteration of class or type.

4.155

[Reserved]

Grape Type Labeling

4.156

Varietal (grape type) labeling as type designations.

4.157

Type designations of varietal significance for American wines.

4.158

[Reserved]

Generic, Semi-Generic, and Non-Generic Designations of Geographic Significance

4.173

Generic designations of geographic significance.

4.174

Semi-generic designations of geographic significance.

4.175

Nongeneric designation of geographic significance and nongeneric designations that are distinctive designations of specific grape wines.

4.176-4.177

[Reserved]

Subpart J—American Grape Variety Names

4.191

Approval of grape variety names.

4.192

List of approved names.

4.193

Alternative names permitted for temporary use.

Subpart K—Standards of Fill and Authorized Container Sizes

4.201

General.

4.202

Standard wine containers.

4.203

Standards of fill (container sizes).

4.204

Aggregate packaging to meet standard of fill requirements.

Subpart L—Recordkeeping and Substantiation Requirements

4.211

Recordkeeping requirements—certificates.

4.212

Substantiation requirements.

Subpart M—Penalties and Compromise of Liability

4.221

Criminal penalties.

4.222

Conditions of basic permit.

4.223

Compromise.

Subpart N—Paperwork Reduction Act

4.231

OMB control numbers assigned under the Paperwork Reduction Act.

This part sets forth requirements that apply to the labeling and packaging of wines in containers, including requirements for label approval and rules regarding mandatory, regulated, and prohibited labeling statements.

When used in this part and on forms prescribed under this part, the following terms have the meaning assigned to them in this section, unless the terms appear in a context that requires a different meaning. Any other term defined in the Federal Alcohol Administration Act (FAA Act) and used in this part has the same meaning assigned to it by the FAA Act.

Administrator. The Administrator, Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury.

American. A descriptive term referring to the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Appropriate TTB officer. An officer or employee of the Alcohol and Tobacco Tax and Trade Bureau (TTB) authorized to perform any function relating to the administration or enforcement of this part by the current version of TTB Order 1135.4, Delegation of the Administrator's Authorities, in 27 CFR part 4, Labeling of Wine.

Bottler. Any producer or blender of wine, proprietor of bonded wine premises, or proprietor of a taxpaid wine bottling house, who places wine in containers.

Brand name. The name under which a wine or line of wine is sold.

Brix. The quantity of dissolved solids expressed as grams of sucrose in 100 grams of solution (percent by weight of sugar) at 68 degrees Fahrenheit (20 degrees Celsius).

Certificate holder. The permittee or brewer whose name, address, and basic permit number, plant registry number, or brewer's notice number appears on an approved TTB Form 5100.31.

Certificate of exemption from label approval. A certificate issued on TTB Form 5100.31, which authorizes the bottling of wine or distilled spirits, under the condition that the product will under no circumstances be sold, offered for sale, shipped, delivered for shipment, or otherwise introduced by the applicant, directly or indirectly, into interstate or foreign commerce.

Certificate of label approval (COLA). A certificate issued on TTB Form 5100.31 that authorizes the bottling of wine, distilled spirits, and malt beverages, or the removal of bottled wine, distilled spirits, and malt beverages from customs custody for introduction into commerce, as long as the product bears labels identical to the labels appearing on the face of the certificate, or labels with changes authorized by TTB on the certificate or otherwise.

Container. Any can, bottle, box with an internal bladder, cask, keg, barrel, or other closed receptacle, in any size or material, that is for use in the sale of wine at retail. See subpart K of this part for rules regarding authorized standards of fill for containers.

County. Includes a county or a political subdivision recognized by the State as a county equivalent.

Customs officer. An officer of U.S. Customs and Border Protection (CBP) or any agent or other person authorized by law to perform the duties of such an officer.

Distinctive or fanciful name. A descriptive name or phrase chosen to identify a wine product on the label. It does not include a brand name, class or type designation, or statement of composition.

FAA Act. The Federal Alcohol Administration Act.

Fully finished. Ready to be bottled, except that it may be further subject to the practices authorized in § 4.154(c) and blending that does not result in an alteration of class or type under § 4.154(b).

Gallon. A U.S. gallon of 231 cubic inches at 60 degrees Fahrenheit.

Grape wine. When used without further modification, the term “grape wine” includes still grape wine, sparkling grape wine, and carbonated grape wine. As set forth in § 4.142, however, the term “grape wine” by itself may be used to designate only still grape wine.

Interstate or foreign commerce. Commerce between any State and any place outside of that State or commerce within the District of Columbia or commerce between points within the same State but through any place outside of that State.

Liter or litre. A metric unit of capacity equal to 1,000 cubic centimeters or 1,000 milliliters (mL) of wine at 20 degrees Celsius (68 degrees Fahrenheit), and equivalent to 33.814 U.S. fluid ounces.

Net contents. The amount, by volume, of wine held in a container.

Permittee. Any person holding a basic permit under the FAA Act.

Person. Any individual, corporation, partnership, association, joint-stock company, business trust, limited liability company, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or employee of any agency of a State or political subdivision of a State.

Pure condensed must. The dehydrated juice or must of sound, ripe grapes, or other fruit or agricultural products, concentrated to not more than 80° brix, the composition thereof remaining unaltered except for removal of water.

Restored pure condensed must. Pure condensed must to which has been added an amount of water not exceeding the amount removed in the dehydration process.

State. One of the 50 States of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Total solids. The degrees Brix of the dealcoholized wine restored to its original volume with water.

TTB. The Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury.

United States (U.S.). The 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

Wine. Section 117(a) of the Federal Alcohol Administration Act (27 U.S.C. 211(a)) defines “wine” as any of the following products for nonindustrial use that contain not less than 7 percent and not more than 24 percent alcohol by volume:

(1) Wine as defined in section 610 and section 617 of the Revenue Act of 1918 (26 U.S.C. 5381-5392); and

(2) Other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry, and saké.

The provisions of this part apply to the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(a) Certificates of label approval (COLAs). Subject to the requirements and exceptions set forth in the regulations in subpart B of this part, any bottler of wine, and any person who removes wine in containers from customs custody for sale or any other commercial purpose, is required to first obtain from TTB a COLA covering the label(s) on each container.

(b) Alteration, mutilation, destruction, obliteration, or removal of labels. Subject to the requirements and exceptions set forth in the regulations in subpart C of this part, it is unlawful to alter, mutilate, destroy, obliterate, or remove labels on wine containers. This prohibition applies to any person, including retailers, holding wine for sale in interstate or foreign commerce or any person holding wine for sale after shipment in interstate or foreign commerce.

(c) Labeling requirements for wine. It is unlawful for any person engaged in business as a producer, blender, importer, or wholesaler of wine, directly or indirectly, or through an affiliate, to sell or ship, or deliver for sale or shipment, or otherwise introduce or receive, in interstate or foreign commerce, or remove from customs custody, any wine in containers, unless the wine is bottled in containers, and the containers are marked, branded, and labeled, in conformity with the regulations in this part.

(d) Labeled in accordance with this part. In order to be labeled in accordance with the regulations in this part, a container of wine must be in compliance with the following requirements:

(1) It must bear one or more labels meeting the standards for “labels” set forth in subpart D of this part;

(2) One or more of the labels on a container must include the mandatory information set forth in subpart E of this part;

(3) Claims on any label(s), container, or packaging (as defined in § 4.81) must comply with the rules for regulated label statements, as applicable, set forth in subpart F of this part;

(4) Statements or any other representations on any wine label, container, or packaging (as defined in §§ 4.101 and 4.121) may not violate the regulations in subparts G and H of this part regarding certain practices on labeling of wine;

(5) The class and type designation on the label(s), as well as any designation appearing on containers or packaging, must comply with the standards of identity set forth in subpart I of this part; and

(6) The wine in the container must not be adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act.

(e) Bottled in accordance with this part. In order to be bottled in accordance with the regulations in this part, the wine must be bottled in authorized standards of fill in containers that meet the requirements of subpart K.

The regulations in this part apply to wine containing not less than 7 percent and not more than 24 percent alcohol by volume.

Certain wine products do not fall within the definition of a “wine” under the FAA Act and are thus not subject to this part. See § 4.7 for related TTB regulations that may apply to these products. See §§ 24.10 and 27.11 of this chapter for the definition of “wine” under the Internal Revenue Code.

(a) Products containing less than 7 percent alcohol by volume. The regulations in this part do not cover products that would otherwise meet the definition of wine except that they contain less than 7 percent alcohol by volume. Bottlers and importers of alcohol beverages that do not fall within the definition of malt beverages, wine, or distilled spirits under the FAA Act should refer to the applicable labeling regulations for foods issued by the U.S. Food and Drug Administration. See 21 CFR part 101.

(b) Products containing more than 24 percent alcohol by volume. Products that would otherwise meet the definition of wine except that they contain more than 24 percent alcohol by volume are classified as distilled spirits and must be labeled in accordance with part 5 of this chapter.

In addition to the regulations in this part, wine must also comply with the TTB labeling regulations in paragraphs (a) and (b) of this section:

(a) Health warning statement. Alcoholic beverages, including wine, that contain at least one-half of one percent alcohol by volume, must be labeled with a health warning statement in accordance with the Alcoholic Beverage Labeling Act of 1988 (ABLA). The regulations implementing the ABLA are contained in 27 CFR part 16.

(b) Internal Revenue Code requirements. The labeling and marking requirements for wine under the Internal Revenue Code are found in 27 CFR part 24, subpart L (for domestic wine premises) and 27 CFR part 27, subpart E (for imports).

Wine that is exported in bond without payment of tax directly from a bonded wine premises or from customs custody is not subject to this part. For purposes of this section, direct exportation in bond does not include exportation after wine has been removed for consumption or sale in the United States, with appropriate tax determination or payment.

(a) General. Compliance with the requirements of this part relating to the labeling and bottling of wine does not relieve industry members from responsibility for complying with other applicable Federal and State requirements, including but not limited to those highlighted in paragraphs (b) and (c) of this section.

(b) Ingredient safety. While it remains the responsibility of the industry member to ensure that any ingredient used in production of wine complies fully with all applicable U.S. Food and Drug Administration (FDA) regulations pertaining to the safety of food ingredients and additives, the appropriate TTB officer may at any time request documentation to establish such compliance. As set forth in § 4.3(d), wines that are adulterated under the Federal Food, Drug, and Cosmetic Act are not labeled in accordance with this part.

(c) Containers. While it remains the responsibility of the industry member to ensure that containers are made of suitable materials that comply with all applicable FDA health and safety regulations for the packaging of beverages for consumption, the appropriate TTB officer may at any time request documentation to establish such compliance.

(a) TTB regulations. Other TTB regulations that relate to wine are listed in paragraphs (a)(1) through (11) of this section:

(1) 27 CFR Part 1—Basic Permit Requirements Under the Federal Alcohol Administration Act, Nonindustrial Use of Distilled Spirits and Wine, Bulk Sales and Bottling of Distilled Spirits;

(2) 27 CFR Part 9—American Viticultural Areas;

(3) 27 CFR Part 12—Foreign Nongeneric Names of Geographic Significance Used in the Designation of Wines;

(4) 27 CFR Part 13—Labeling Proceedings;

(5) 27 CFR Part 14—Advertising of Alcohol Beverage Products;

(6) 27 CFR Part 16—Alcoholic Beverage Health Warning Statement;

(7) 27 CFR Part 24—Wine;

(8) 27 CFR Part 26—Liquors and Articles From Puerto Rico and the Virgin Islands;

(9) 27 CFR Part 27—Importation of Distilled Spirits, Wines, and Beer;

(10) 27 CFR Part 28—Exportation of Alcohol; and

(11) 27 CFR Part 71—Rules of Practice in Permit Proceedings.

(b) Other Federal regulations. The regulations listed in paragraphs (b)(1) through (9) of this section issued by other Federal agencies also may apply:

(1) 7 CFR Part 205—National Organic Program;

(2) 19 CFR Part 11—Packing and Stamping; Marking;

(3) 19 CFR Part 102—Rules of Origin;

(4) 19 CFR Part 134—Country of Origin Marking;

(5) 21 CFR Part 1—General Enforcement Provisions, Subpart H, Registration of Food Facilities, and Subpart I, Prior Notice of Imported Food;

(6) 21 CFR Parts 70-82, which pertain to food and color additives;

(7) 21 CFR Part 101—Food Labeling;

(8) 21 CFR Part 110—Current Good Manufacturing Practice in Manufacturing Packing, or Holding Human Food; and

(9) 21 CFR Parts 170-189, which pertain to food additives and secondary direct food additives.

(a) General. TTB prescribes and makes available all forms required by this part. Any person completing a form must provide all of the information required by each form as indicated by the headings on the form and the instructions for the form. Each form must be filed in accordance with this part and the instructions for the form.

(b) Electronically filing forms. The forms required by this part can be filed electronically by using TTB's online filing systems: COLAs Online and Formulas Online. Anyone who intends to use one of these online filing systems must first register to use the system by accessing the TTB website at https://www.ttb.gov.

(c) Obtaining paper forms. Forms required by this part are available for printing through the TTB website ( https://www.ttb.gov ) or by mailing a request to the Alcohol and Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main Street, Room 8002, Cincinnati, OH 45202.

Most of the regulatory authorities of the Administrator contained in this part are delegated to “appropriate TTB officers.” To find out which officers have been delegated specific authorities, see the current version of TTB Order 1135.4, Delegation of the Administrator's Authorities in 27 CFR part 4, Labeling of Wine. Copies of this order can be obtained by accessing the TTB website ( https://www.ttb.gov ) or by mailing a request to the Alcohol and Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main Street, Room 8002, Cincinnati, OH 45202.

(a) This section applies to wine bottled in the United States, outside of customs custody.

(b) No person may bottle wine without first applying for and obtaining a certificate of label approval issued by the appropriate TTB officer. This requirement applies to wine produced and bottled in the United States and to wine imported in bulk and bottled in the United States. Bottlers may obtain an exemption from this requirement only if they satisfy the conditions set forth in § 4.23.

(a) What a COLA authorizes. An approved TTB Form 5100.31 authorizes the bottling of a wine covered by the COLA as long as the container bears labels identical to the labels appearing on the face of the COLA, or labels with changes authorized by TTB on the COLA or otherwise. The list of allowable changes can be found at https://www.ttb.gov.

(b) What a COLA does not do. Among other things, the issuance of a COLA does not:

(1) Confer trademark protection;

(2) Relieve the certificate holder from its responsibility to ensure that all ingredients used in the production of the wine comply with applicable requirements of the U.S. Food and Drug Administration with regard to ingredient safety; or

(3) Relieve the certificate holder from liability for violations of the FAA Act, the Alcoholic Beverage Labeling Act, the Internal Revenue Code, or related regulations and rulings.

(i) The issuance of a COLA does not mean that TTB has verified the accuracy of any representations or claims made on the label with respect to the product in the container. It is the responsibility of the applicant to ensure that all information on the application is true and correct, and that all labeling representations and claims are truthful, accurate, and not misleading with respect to the product in the container.

(ii) A wine may be mislabeled even when the label is covered by a COLA. For example, if the label on the container contains representations that are false or misleading when applied to the product in the container, the wine is not labeled in accordance with the regulations in this part, even if it is covered by a COLA.

(c) When to obtain a COLA. The COLA must be obtained prior to bottling. No producer or blender of wine, proprietor of bonded wine premises or proprietor of a taxpaid wine bottling house may bottle wine, or remove wine from the premises where bottled, unless a COLA has been obtained.

(d) Application for a COLA. The bottler may apply for a COLA by submitting an application to TTB on Form 5100.31, in accordance with the instructions on the form. The bottler may apply for a COLA either electronically by accessing TTB's online system, COLAs Online, at TTB's website ( https://www.ttb.gov ) or by submitting the paper form. For procedures regarding the issuance of COLAs, see part 13 of this chapter.

(a) Exemption. A producer or blender of wine, proprietor of bonded wine premises, or proprietor of a taxpaid wine bottling house may apply for exemption from the labeling requirements of this part, if the bottler shows, to the satisfaction of the appropriate TTB officer, that the wine to be bottled will be offered for sale only within the State in which it is bottled and will not be sold, offered for sale, or shipped or delivered for shipment, or otherwise introduced, in interstate or foreign commerce.

(b) Application required. The bottler must file an application on TTB Form 5100.31 for exemption from label approval before bottling the wine. The bottler may apply for a certificate of exemption from label approval either electronically, by accessing TTB's online system, COLAs Online, at https://www.ttb.gov,, or by using the paper form. For procedures regarding the issuance of certificates of exemption from label approval, see part 13 of this chapter.

(c) Labeling of wines covered by certificate of exemption. The application for a certificate of exemption from label approval requires that the applicant identify the State in which the product will be sold. As a condition of receiving exemption from label approval, the label covered by an approved certificate of exemption must include the statement “For sale in [name of State] only.” See § 24.257 of this chapter for additional labeling rules that apply to wines covered by a certificate of exemption.

Requirements for Wine Imported in Containers

(a) Application requirement. Any person removing wine in containers from customs custody for consumption must first apply for and obtain a COLA covering the wine from the appropriate TTB officer.

(b) Release of wine from customs custody. Wine imported in containers is not eligible for release from customs custody for consumption, and no person may remove such wine from customs custody for consumption, unless the person removing the wine has obtained and is in possession of a COLA covering the wine.

(c) Filling requirements. If filing electronically, the importer must file with U.S. Customs and Border Protection (CBP), at the time of filing the customs entry, the TTB-assigned identification number of the valid COLA that corresponds to the label on the brand or lot of wine to be imported. If the importer is not filing electronically, the importer must provide a copy of the COLA to CBP at the time of entry. In addition, the importer must provide a copy of the applicable COLA, and proof of the certificate holder's authorization if applicable, upon request by the appropriate TTB officer or a customs officer.

(d) Scope of this section. The COLA requirement imposed by this section applies only to wine that is removed for sale or any other commercial purpose. Wine that is imported in containers is not eligible for a certificate of exemption from label approval. See 27 CFR 27.49, 27.74, and 27.75 for labeling exemptions applicable to certain imported samples of wine.

(e) Relabeling in customs custody. Containers of wine in customs custody that are required to be covered by a COLA but are not labeled in conformity with a COLA must be relabeled, under the supervision and direction of customs officers, prior to their removal from customs custody for consumption.

(a) What a COLA authorizes. An approved TTB Form 5100.31 authorizes the use of the labels covered by the COLA on containers of wine, as long as the container bears labels identical to the labels appearing on the face of the COLA, or labels with changes authorized by the form or otherwise authorized by TTB.

(b) What a COLA does not do. Among other things, the issuance of a COLA does not:

(1) Confer trademark protection;

(2) Relieve the certificate holder from its responsibility to ensure that all ingredients used in the production of the wine comply with applicable requirements of the U.S. Food and Drug Administration with regard to ingredient safety; or

(3) Relieve the certificate holder from liability for violations of the FAA Act, the Alcoholic Beverage Labeling Act, the Internal Revenue Code, or related regulations and rulings.

(i) The issuance of a COLA does not mean that TTB has verified the accuracy of any representations or claims made on the label with respect to the product in the container. It is the responsibility of the applicant to ensure that all information on the application is true and correct and that all labeling representations and claims are truthful, accurate, and not misleading with respect to the product in the container.

(ii) A wine may be mislabeled even when the label is covered by a COLA. For example, if the label on the container contains representations that are false or misleading when applied to the product in the container, the wine is not labeled in accordance with the regulations in this part, even if it is covered by a COLA.

(c) When to obtain a COLA. The COLA must be obtained prior to the removal of wine in containers from customs custody for consumption.

(d) Application for a COLA. The person responsible for the importation of wine must obtain approval of the labels by submitting an application to TTB on Form 5100.31. A person may apply for a COLA either electronically by accessing TTB's online system, COLAs Online, at TTB's website ( https://www.ttb.gov ) or by submitting the paper form. For procedures regarding the issuance of COLAs, see part 13 of this chapter.

Administrative Rules

A certificate holder must present the original or a paper or electronic copy of the appropriate COLA upon the request of any duly authorized representative of the United States Government.

(a) Prior to or in conjunction with the review of an application for a COLA on TTB Form 5100.31, the appropriate TTB officer may require a bottler or importer to submit a formula, the results of laboratory testing of the wine, or a sample of any wine or ingredients used in producing a wine. The appropriate TTB officer also may request such information or samples after the issuance of such COLA, or in connection with any wine that is required to be covered by a COLA. A formula may be filed electronically by using Formulas Online, or it may be submitted on paper on Form 5100.51. See § 4.11 for more information on forms and Formulas Online.

(b) Upon request of the appropriate TTB officer, a bottler or importer must submit a full and accurate statement of the contents of any container to which labels are to be or have been affixed, as well as any other documentation on any issue pertaining to whether the wine is labeled in accordance with this part.

(a) General. Applicants for label approval may obtain permission from TTB to make certain changes in order to personalize labels without having to resubmit labels for TTB approval. Personalized labels may contain a personal message, picture, or other artwork that is specific to the consumer who is purchasing the product. For example, a winery may offer individual or corporate customers labels that commemorate an event such as a wedding or grand opening.

(b) Application. Any person who intends to offer personalized labels must submit a template for the personalized label with the application for label approval, and must note on the application a description of the specific personalized information that may change.

(c) Approval of personalized label. If the application complies with the regulations, TTB will issue a certificate of label approval (COLA) with a qualification allowing the personalization of labels. The qualification will allow the certificate holder to add or change items on the personalized label such as salutations, names, graphics, artwork, congratulatory dates and names, or event dates without applying for a new COLA. All of these items on personalized labels must comply with the regulations of this part.

(d) Changes not allowed to personalized labels. Approval of an application to personalize labels does not authorize the addition of any information that discusses either the alcohol beverage or characteristics of the alcohol beverage or that is inconsistent with or in violation of the provisions of this part or any other applicable provision of law or regulations.

(a) Certificate of origin and identity. Wine imported in containers is not eligible for release from customs custody for consumption, and no person may remove such wine from customs custody for consumption, unless that person has obtained and is in possession of an invoice accompanied by a certificate of origin issued by an official duly authorized by the appropriate foreign government, if that country requires the issuance of such a certificate for wine exported from that country. The certificate must certify as to the identity of the wine and that the wine has been produced in compliance with the laws of the foreign country regulating the production of the wine for home consumption.

(b) Certification of proper cellar treatment of natural wine— (1) General. An importer of wine may be required to have in its possession at the time of release of the wine from customs custody a certification, or may have to comply with other conditions prescribed in § 27.140 of this chapter, regarding proper cellar treatment. If certification is required for imported wine under § 27.140 of this chapter, the importer must provide a copy of that certification to TTB as follows:

(i) The importer must include a copy of the certification with the application for a certificate of label approval (COLA) for the wine that is submitted under § 13.21 of this chapter; or

(ii) If a certification for the wine in question was not available when the importer submitted the application for label approval, the importer must submit a copy of the certification to the appropriate TTB officer before the first shipment of the wine is released from customs custody.

(2) Validity of certification. A certification submitted under paragraph (b)(1) of this section is valid for multiple shipments of imported wine as long as the wine is of the same brand and class or type; was made by the same producer; was subjected to the same cellar treatment; and conforms to the statements made on the certification. Accordingly, if the cellar treatment applied to the wine changes and a new certification under § 27.140 of this chapter is required, the importer must submit a new certification to TTB even if a new COLA is not required.

(3) Use of certification. TTB may use the information from a certification for purposes of verifying the appropriate class and type designation of the wine under the labeling provisions of this part. TTB will make certifications submitted under paragraph (b)(1) of this section available to the public on the TTB website at https://www.ttb.gov.

(c) Retention of certificates—wine imported in containers. The importer of wine imported in containers must retain for five years following the date of the removal of the bottled wine from customs custody copies of the certificates (and accompanying invoices, if required) required by paragraphs (a) and (b) of this section, and must provide them upon request of the appropriate TTB officer or a customs officer.

(d) Wine imported in bulk for bottling in the United States. Wine that would be required under paragraphs (a) and (b) of this section to be covered by a certificate of origin and identity and/or a certification of proper cellar treatment and that is imported in bulk for bottling in the United States may be removed from the premises where bottled only if the bottler possesses a certificate of origin and identity and/or a certification of proper cellar treatment of natural wine applicable to the wine, issued by the appropriate entity as set forth in paragraphs (a) and (b) of this section and § 27.140 of this chapter respectively, applicable to the wine that provides the same information as a certificate required under paragraphs (a) and (b) of this section and § 27.140 of this chapter, would provide for like wine imported in bottles.

(e) Retention of wine certificates—wine in bulk. The bottler of wine imported in bulk must retain, for five years following the removal of such wine from the premises where bottled, copies of the certificates required by paragraphs (a) and (b) of this section, and must provide them upon request of the appropriate TTB officer.

(a) Prohibition. It is unlawful for any person to alter, mutilate, destroy, obliterate or remove any mark, brand, or label on wine in containers held for sale in interstate or foreign commerce, or held for sale after shipment in interstate or foreign commerce, except as authorized by § 4.42, § 4.43, or § 4.44, or as otherwise authorized by Federal law.

(b) Authorized relabeling. For purposes of the relabeling activities authorized by this subpart, the term “relabel” includes the alteration, mutilation, destruction, obliteration, or removal of any existing mark, brand, or label on the container, as well as the addition of a new label (such as a sticker that adds information about the product or information engraved on the container) to the container, and the replacement of a label with a new label bearing identical information.

(c) Obligation to comply with other requirements. Authorization to relabel under this subpart in no way authorizes the placement of labels on containers that do not accurately reflect the brand, bottler, identity, or other characteristics of the product; nor does it relieve the person conducting the relabeling operations from any obligation to comply the regulations in this part and with State or local law, or to obtain permission from the owner of the brand where otherwise required.

(a) Relabeling at bonded wine premises. Proprietors of bonded wine premises may relabel domestically bottled wine prior to removal from, and after return to bond at, the bonded wine premises, with labels covered by a certificate of label approval (COLA) without obtaining separate permission from TTB for the relabeling activity.

(b) Relabeling after removal from bonded wine premises. Proprietors of bonded wine premises may relabel domestically bottled wine after removal from bonded wine premises with labels covered by a COLA, without obtaining separate permission from TTB for the relabeling activity.

(c) Relabeling in customs custody. Under the supervision of customs officers, imported wine in containers in customs custody may be relabeled without obtaining separate permission from TTB for the relabeling activity. Such containers must bear labels covered by a COLA upon their removal from customs custody for consumption. See § 4.24(b).

(d) Relabeling after removal from customs custody. Imported wine in containers may be relabeled by the importer thereof after removal from customs custody without obtaining separate permission from TTB for the relabeling activity, as long as the labels are covered by a COLA.

Any persons holding wine for sale who need to relabel the containers but are not eligible to obtain a certificate of label approval to cover the labels that they wish to affix to the containers may apply for written permission for the relabeling of wine containers. The appropriate TTB officer may permit relabeling of wine in containers if the facts show that the relabeling is for the purpose of compliance with the requirements of this part or State law. The written application must include copies of the original and proposed new labels; the circumstances of the request, including the reason for relabeling; the number of containers to be relabeled; the location where the relabeling will take place; and the name and address of the person who will be conducting the relabeling operations.

Any label or other information that identifies the wholesaler, retailer, or consumer of the wine may be added to containers (by the addition of stickers, engraving, stenciling, etc.) without prior approval from TTB and without being covered by a certificate of label approval or certificate of exemption from label approval. Such information may be added before or after the containers have been removed from bonded wine premises or released from customs custody. The information added:

(a) May not violate the provisions of subpart F, G, or H of this part;

(b) May not contain any reference to the characteristics of the product; and

(c) May not be added to the container in such a way that it obscures any other labels on the container.

Any label that is not an integral part of the container must be affixed to the container in such a way that it cannot be removed without thorough application of water or other solvents.

(a) Readily legible. Mandatory information on labels must be readily legible to potential consumers under ordinary conditions.

(b) Separate and apart. Mandatory information on labels, except brand names, must be separate and apart from any additional information. This does not preclude the addition of brief optional phrases of additional information as part of the class or type designation (such as, “premium wine”), the name and address statement (such as, “Proudly produced and bottled by ABC Winemaking Co. in Napa, CA, for over 30 years”) or other information required by § 4.63(a) and (b), as long as the additional information does not detract from the prominence of the mandatory information. The statements required by § 4.63(c) may not include additional information.

(c) Contrasting background. Mandatory information must appear in a color that contrasts with the background on which it appears, except that if the net contents are blown into a glass container, they need not be contrasting. The color of the container and of the wine must be taken into account if the label is transparent or if mandatory label information is etched, engraved, sandblasted, or otherwise carved into the surface of the container or is branded, stenciled, painted, printed, or otherwise directly applied on to the surface of the container. Examples of acceptable contrasts are:

(1) Black lettering appearing on a white or cream background; or

(2) White or cream lettering appearing on a black background.

(d) Capitalization. Except for the aspartame statement when required by § 4.63(b)(4), which must appear in all capital letters, mandatory information prescribed by this part may appear in all capital letters, in all lower-case letters, or in mixed-case using both capital and lower-case letters.

All capital and lowercase letters in statements of mandatory information on labels must meet the following type size requirements:

(a) Minimum type size— (1) Containers of more than 187 milliliters. All mandatory information (including the alcohol content statement) must be in script, type, or printing that is at least two millimeters in height.

(2) Containers of 187 milliliters or less. All mandatory information (including the alcohol content statement) must be in script, type, or printing that is at least one millimeter in height.

(b) Maximum type size for alcohol content statement. The alcohol content statement on containers of five liters or less may not appear in script, type, or printing that is more than three millimeters in height.

Mandatory information on a label must be readily visible and may not be covered or obscured in whole or in part. See § 4.62 for rules regarding packaging of containers (including cartons, coverings, and cases). See part 14 of this chapter for regulations pertaining to advertising materials.

(a) General. Mandatory information must appear in the English language, with the exception of the brand name and except as provided in paragraphs (c) and (d) of this section.

(b) Foreign languages. Additional statements in a foreign language, including translations of mandatory information that appears elsewhere in English on the label, are allowed on labels and containers as long as they do not in any way conflict with, or contradict, the requirements of this part.

(c) Wine for consumption in the Commonwealth of Puerto Rico. Mandatory information may be stated solely in the Spanish language on labels of wine bottled for consumption within the Commonwealth of Puerto Rico.

(d) Exception for country of origin. The country or countries of origin may appear in a language other than English when allowed by U.S. Customs and Border Protection regulations.

Information (other than mandatory information) that is truthful, accurate, and specific, and that does not violate subpart F, G, or H of this part, may appear on labels. Such additional information may not conflict with, modify, qualify or restrict mandatory information in any manner.

(a) Label. Certain information as outlined in § 4.63, must appear on a label. When used in this part for purposes of determining where mandatory information must appear, the term “label” includes:

(1) Material affixed to the container, whether made of paper, plastic film, or other matter;

(2) For purposes of the net contents statement and the name and address statement only, information blown, embossed, or molded into the container as part of the process of manufacturing the container;

(3) Information etched, engraved, sandblasted, or otherwise carved into the surface of the container; and

(4) Information branded, stenciled, painted, printed, or otherwise directly applied onto the surface of the container.

(b) I nformation appearing elsewhere on the container. Information appearing on the following parts of the container is subject to all of the restrictions and prohibitions set forth in subparts F, G, and H of this part, but will not satisfy any requirements for mandatory information that must appear on labels in this part:

(1) Material affixed to, or information appearing on, the bottom surface of the container;

(2) Caps, corks, or other closures unless authorized to bear mandatory information by the appropriate TTB officer; and

(3) Foil or heat shrink bottle capsules.

(c) Materials not firmly affixed to the container. Any materials that accompany the container to the consumer but are not firmly affixed to the container, including booklets, leaflets, and hang tags, are not “labels” for purposes of this part. Such materials are instead subject to the advertising regulations in part 14 of this chapter.

(a) General. The term “packaging” includes any covering, carton, case, carrier, or other packaging of wine containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Prohibition. Any packaging of wine containers may not contain any statement, design, device, or graphic, pictorial, or emblematic representation that violates the provisions of subpart F, G, or H of this part.

(c) Requirements for closed packaging. If containers are enclosed in closed packaging, including sealed opaque coverings, cartons, cases, carriers, or other packaging used for sale at retail, such packaging must bear all mandatory label information required on the label under § 4.63.

(1) Packaging is considered closed if the consumer must open, rip, untie, unzip, or otherwise manipulate the package to remove the container in order to view any of the mandatory information.

(2) Packaging is not considered closed if a consumer could view all of the mandatory information on the container by merely lifting the container up, or if the packaging is transparent or designed in a way that all of the mandatory information can be easily read by the consumer without having to open, rip, untie, unzip, or otherwise manipulate the package.

(d) Packaging that is not closed. The following requirements apply to packaging that is not closed.

(1) The packaging may display any information that is not in conflict with the label on the container that is inside the packaging.

(2) If the packaging displays a brand name, it must display the brand name in its entirety. For example, if a brand name is required to be modified with additional information on the container, the packaging must also display the same modifying language.

(3) If the packaging displays a class or type designation, it must be identical to the class or type designation appearing on the container. For example, if the packaging displays a class or type designation for a specialty product for which a statement of composition is required on the container, the packaging must include the statement of composition as well.

(e) Labeling of containers within the packaging. The container within the packaging is subject to all labeling requirements of this part, including mandatory labeling information requirements, regardless of whether the packaging bears such information.

(a) Mandatory information. Wine containers must bear a label or labels (as defined in § 4.61(a)) containing the following information:

(1) Brand name in accordance with § 4.64;

(2) Class, type, or other designation, in accordance with subpart I of this part;

(3) Alcohol content, in accordance with § 4.65;

(4) A statement of the origin and percentage by volume of imported wine on blends of American and imported wine, if any reference is made to the presence of imported wine on the container;

(5) Name and address of the bottler or importer, in accordance with § 4.66, § 4.67, or § 4.68 as applicable; and

(6) Net contents (which may be blown, embossed, or molded into the container as part of the process of manufacturing the container) in accordance with § 4.70.

(b) Appellations of origin. An appellation of origin in accordance with §§ 4.88 through 4.91 of this part must be stated on the label of each container in the same field of vision as the class, type, or other designation prescribed by paragraph (a)(2) of this section if:

(1) A grape wine is labeled with a class, type or other designation pursuant to § 4.62(a)(2) that is:

(i) A varietal (grape type), as provided for in § 4.156;

(ii) A type designation of varietal significance, as provided in § 4.157;

(iii) A semi-generic type designation, as provided in § 4.184; or

(2) The wine is labeled with a vintage date, pursuant to § 4.95.

(c) Disclosure of certain ingredients. Certain ingredients must be declared on a label, without the inclusion of any additional information as part of the statement, as follows:

(1) FD&C Yellow No. 5. If a wine contains the coloring material FD&C Yellow No. 5, the label must include a statement to that effect, such as “”FD&C Yellow No. 5” or “Contains FD&C Yellow No. 5.”

(2) Cochineal extract or carmine. If a wine contains the color additive cochineal extract or the color additive carmine, the label must include a statement to that effect, using the respective common or usual name (such as, “contains cochineal extract” or “contains carmine”). This requirement applies to labels when either of the coloring materials is used in wine that is removed from bottling premises or from customs custody on or after April 16, 2013.

(3) Sulfites. If a wine contains 10 or more parts per million of sulfur dioxide or other sulfiting agent measured as total sulfur dioxide, the label must include a statement to that effect. Examples of acceptable statements are “Contains sulfites” or “Contains (a) sulfiting agent(s)” or a statement identifying the specific sulfiting agent. The alternative terms “sulphites” or “sulphiting” may be used.

(4) Aspartame. If the wine contains aspartame, the label must include the following statement, in capital letters, separate and apart from all other information: “PHENYLKETONURICS: CONTAINS PHENYLALANINE.”

(a) Requirement. The wine label must include a brand name. If the wine is not sold under a brand name, the name of the bottler or importer, as applicable, appearing in the name and address statement is treated as the brand name.

(b) Misleading brand names. Labels may not include any misleading brand names. A brand name is misleading if it creates (by itself or in association with other printed or graphic matter) any erroneous impression or inference as to the age, origin, identity, or other characteristics of the wine. A brand name may be found to be misleading by itself or in association with other printed or graphic matter. With the exception of geographic brand names discussed in paragraph (c) of this section, a brand name that would otherwise be misleading may be qualified with the word “brand” or with some other qualification that adequately dispels any misleading impression that might otherwise be created.

(c) Geographic brand names. (1) Except as otherwise provided in paragraph (c)(2) of this section, a wine container may not bear a brand name of viticultural significance unless the wine meets the appellation of origin requirements for the geographic area named. (See §§ 4.88-4.91 and §§ 4.96-4.98 for the appellation of origin requirements.)

(2) For brand names of viticultural significance used in COLAs issued prior to July 7, 1986, such a brand name may appear on a wine container if:

(i) The wine meets the appellation of origin requirements for the geographic area named;

(ii) The wine is labeled with an appellation of origin, in accordance with §§ 4.88-4.91 and §§ 4.96-4.98, that is:

(A) A county or a viticultural area, if the brand name bears the name of a geographic area smaller than a State; or

(B) A State, county, or a viticultural area, if the brand name bears a State name; or

(iii) The wine is labeled with some other statement that the appropriate TTB officer finds to be sufficient to dispel the impression that the geographic area suggested by the brand name is indicative of the origin of the wine.

(3) A name has viticultural significance when it is the name of a State or county (or of the foreign equivalent of a State or county), when it is approved as the name of a viticultural area under part 9 of this chapter, when it is approved by a foreign government, or when it is found to have viticultural significance by the appropriate TTB officer. Unless determined otherwise by the appropriate TTB officer, a name that is a county name will be considered to have viticultural significance only when the word “county” follows the name. For example, while “Clark County” has viticultural significance, the word “Clark” does not.

(a) General. In the case of wine containing 14 percent or less of alcohol by volume, the percentage of alcohol by volume must be stated unless the type designation “table” wine (or “light” wine) appears on the label. In the case of wines containing more than 14 percent of alcohol by volume, the percentage of alcohol by volume must be stated. Mandatory and optional statements of alcohol content as a percentage of alcohol by volume must be made as prescribed in paragraph (b) or (c) of this section. Other truthful, accurate, and specific factual representations of alcohol content, such as alcohol by weight, may be made, as long as they appear together with, and as part of, the statement of alcohol content as a percentage of alcohol by volume.

(b) Format of the alcohol content statement—(1) General. Except as provided in paragraph (c) of this section, the alcohol by volume statement must be expressed in one of the following formats:

(i) “Alcohol __ percent by volume”;

(ii) “__ percent alcohol by volume”; or

(iii) “Alcohol by volume: __ percent”.

(2) Formatting rules. Any of the words or symbols may be enclosed in parentheses and authorized abbreviations may be used with or without a period. The alcohol content statement does not have to appear with quotation marks.

(3) Optional abbreviations. The statements listed in paragraph (b) of this section must appear as shown, except that the following abbreviations may be used: Alcohol may be abbreviated as “alc”; percent may be represented by the percent symbol “%”; alcohol and volume may be separated by a slash “/” in lieu of the word “by”; and volume may be abbreviated as “vol.”

(4) Examples. The following are examples of alcohol content statements that comply with the requirements of this part:

(i) “13.2% alc/vol”;

(ii) “Alc. 13.0 percent by vol.”;

(iii) “Alc 13% by vol”; and

(iv) “15.0% Alcohol by Volume.”

(c) Use of a range as the alcohol content statement—(1) General. The alcohol content statement may be expressed as a range in accordance with the provisions of paragraph (c)(2) of this section. For wine containing 14 percent alcohol by volume or less, the alcohol content may be stated as a range of three percentage points. For wine containing more than 14 percent alcohol by volume the alcohol content may be stated as a range of two percentage points.

(2) Format of the alcohol content statement using a range. If the alcohol content statement is expressed as a range, it must be made in one of the following formats:

(i) Alcohol __ percent to __ percent by volume,

(ii) __ to __ percent alcohol by volume, or

(iii) Alcohol by volume: __ to __ percent.

(3) Optional marks. Any of the words or symbols may be enclosed in parentheses, and authorized abbreviations may be used with or without a period.

(4) Optional abbreviations. Alcohol may be abbreviated as “alc”; percent may be represented by the percent symbol “%”; alcohol and volume may be separated by a slash “/” in lieu of the word “by”; the two alcohol content numbers may be separated by a dash “-” instead of the word “to”; and volume may be abbreviated by “vol”.

(5) Examples. The following are examples of alcohol content statements that comply with the requirements of this part: “10 to 12 percent alcohol by volume,” “10-12% (alc) by volume,” and “10 to 12 percent alc./vol.”

(d) Tolerances for wine containing no more than 14 percent alcohol by volume. For specific statements of alcohol content for wines containing no more than 14 percent alcohol by volume, except as provided for in paragraph (f) of this section, the alcohol by volume statement on the label must be within 1.5 percentage points above or below the actual alcohol content. For example, an alcohol beverage with an actual alcohol content of 10 percent alcohol by volume would comply with this tolerance if it were labeled with an alcohol content statement between 8.5 and 11.5 percent alcohol by volume.

(e) Alcohol content statement tolerances for wine containing more than 14 percent alcohol by volume. For specific numeric statements of alcohol content for wines containing more than 14 percent alcohol by volume, except as provided for in paragraph (f) of this section, the alcohol by volume statement on the label must be within one percentage point above or below the actual alcohol content. For example, an alcohol beverage with an actual alcohol content of 16 percent alcohol by volume would comply with this tolerance if it were labeled with an alcohol content statement between 15 and 17 percent alcohol by volume.

(f) Tolerances must not cut across tax classes— (1) General. Regardless of the type of statement used and regardless of tolerances normally permitted in direct statements, and ranges normally permitted in maximum and minimum statements, alcohol content statements must correctly indicate the tax class of the wine so labeled. Nothing in this section shall be construed as authorizing the appearance upon the labels of any wine of an alcohol content statement in terms of maximum and minimum percentages that overlaps a prescribed limitation on the alcohol content of any tax class.

(2) Tax classes and certain class and type designations. The tolerances set forth in this section shall not apply where a minimum or maximum alcohol content requirement is set forth in either a tax classification of the product (found in 26 U.S.C. 5041) or a class or type designation in this part that reflects a minimum or maximum alcohol content requirement consistent with limits set forth in a tax class. For example, the class designation for “table wine” in this part includes a maximum alcohol content of 14 percent alcohol by volume, which is consistent with the maximum alcohol content for a class of still wines under 26 U.S.C. 5041(b)(1). Thus, a still grape wine that contains 14.2 percent alcohol by volume may not be labeled as either a “table wine” or with an alcohol content of 14 percent or less, regardless of the tolerance prescribed in this section.

(a) General. Domestically bottled wine that was wholly fermented in the United States and contains no imported wine must be labeled in accordance with this section. (See §§ 4.67 and 4.68 for name and address requirements applicable to wine that is not wholly fermented in the United States.)

(b) Mandatory statement. The label on containers must state the name of the bottler and the city and State where bottled, preceded by the phrases “bottled by,” “canned by,” “packed by,” or “filled by,” followed by the name of the bottler and the place where bottled.

(c) Optional statements. In addition to the statement required by paragraph (b) of this section, the label may also:

(1) State the name and address of any other person for whom the wine was bottled, immediately preceded by the words “bottled for” “canned for,” “packed for,” or “filled for” or “distributed by”;

(2) Contain additional words, as specified and defined in paragraphs (d) through (f) of this section. The use of two or more of these words with the conjunction “and” and the use of any of these words with the words “bottled by” “canned by,” “packed by,” or “filled by” is permissible only if the same person performed the defined operation at the same address. More than one name statement must appear if the defined operation was performed by a person other than the bottler, and more than one address statement must appear if the defined operation was performed at a different address.

(d) Produced or Made. The terms “Produced” or “Made” mean that the named winery:

(1) Fermented not less than 75 percent of the wine at the stated address, or

(2) Changed the class or type of the wine by addition of wine spirits, brandy, flavors, colors, or artificial carbonation at the stated address, or

(3) Produced sparkling wine by secondary fermentation at the stated address,

(e) Blended. The term “Blended” means that the named winery mixed the wine with other wines of the same class and type at the stated address,

(f) Cellared, Vinted, and Prepared. The terms “Cellared,” “Vinted” and “Prepared” mean that the named winery, at the stated address, subjected the wine to cellar treatment in accordance with § 4.154(c) of this part.

(g) Use of trade name. (1) A trade name that appears on the basic permit or other qualifying documentation may be used only if the use of that name would not create a misleading impression as to the age, origin, or identity of the product. For example, when a bottler authorizes the use of its trade name by another bottler that is not under the same ownership, that trade name may not be used on a label in a way that tends to mislead consumers as to the identity or location of the bottler.

(2) If the same brand of wine is bottled by two bottlers that are not under the same ownership, and each has adopted the same trade name on its basic permit pursuant to a contractual arrangement, the name and address statement must be worded in such a way that the label does not create a misleading impression as to the identity or location of the bottling winery or taxpaid wine bottling house.

(h) Form of address. (1) The address consists of the city and State where the referenced activity occurred, and must be consistent with the address reflected on the basic permit or other qualifying documentation of the premises where the activity occurred. Addresses may, but are not required to, include additional information such as street names, counties, zip codes, phone numbers, and website addresses.

(2) The address for each activity that is designated on the label must also be shown. An example for a wine produced in the United States would be “Produced at Gilroy, California, and bottled at San Mateo, California, by XYZ Winery.”

(3) No additional places or addresses may be stated for the same person unless:

(i) That person is actively engaged in the conduct of an additional bona fide and actual alcohol beverage business at such additional place or address, and

(ii) The label also contains immediately adjacent to the address appropriate descriptive material indicating the function occurring at each additional place or address in connection with the particular product.

(4) The postal abbreviation of the State name may be used; for example, California may be abbreviated as CA.

(a) General. This section applies to domestically bottled wine that was bottled after importation. See § 4.68 for name and address requirements applicable to imported wine that is imported in a container. See 19 CFR parts 102 and 134 for U.S. Customs and Border Protection country of origin marking requirements.

(b) Domestically bottled wine that was produced, made, or blended in the United States. Domestically bottled wine that was produced, made, or blended (in accordance with the definitions set forth in § 4.66) in the United States after the wine (or a wine in a blend of wines) was imported must be labeled in accordance with the rules set forth in § 4.66 regarding mandatory and optional labeling statements.

(c) Wine bottled after importation without blending or production activities. The label on wine that is bottled in the United States after importation without being produced, made or blended (in accordance with the definitions set forth in § 4.66) in the United States after the wine was imported must state must state the words “imported by” or a similar appropriate phrase, followed by the name and address of the importer. The label must also state the words “bottled by” or “packed by,” followed by the name and address of the bottler, except that the following phrases are acceptable in lieu of the name and address of the bottler under the circumstances set forth below:

(1) If the wine was bottled for the person responsible for the importation, the words “imported by and bottled (canned, packed, or filled) in the United States for” (or a similar appropriate phrase) followed by the name and address of the principal place of business in the United States of the person responsible for the importation; or

(2) If the wine was bottled by the person responsible for the importation, the words “imported and bottled by” followed by the name and address of the principal place of business in the United States of the person responsible for the importation.

(3) In the situations set forth in paragraphs (c)(1) and (2) of this section, the address shown on the label may be that of the principal place of business of the importer who is also the bottler, provided that the address shown is a location where bottling takes place.

(d) Use of trade name. (1) A trade name that appears on the basic permit or other qualifying documentation may be used only if the use of that name would not create a misleading impression as to the age, origin, or identity of the product. For example, when a bottler authorizes the use of its trade name by another bottler that is not under the same ownership, that trade name may not be used on a label in a way that tends to mislead consumers as to the identity or location of the bottler.

(2) If the same brand of wine is bottled by two bottlers that are not under the same ownership, and each has adopted the same trade name on its basic permit pursuant to a contractual arrangement, the name and address statement must be worded in such a way that the label does not create a misleading impression as to the identity or location of the bottling winery or taxpaid wine bottling house.

(e) Form of address. (1) The address consists of the city and State where the referenced activity occurred, and must be consistent with the address reflected on the basic permit or other qualifying documentation of the premises where the activity occurred. Addresses may, but are not required to, include additional information such as street names, counties, zip codes, phone numbers, and website addresses.

(2) The postal abbreviation of the State name may be used; for example, California may be abbreviated as CA.

(a) General. This section applies to wine that is imported in a container, as defined in § 4.1 of this part. See § 4.67 for rules regarding name and address requirements applicable to wine that is domestically bottled after importation. See 19 CFR parts 102 and 134 for U.S. Customs and Border Protection country of origin marking requirements.

(b) Mandatory labeling statement. The labels on wines imported in containers, as defined in § 4.1, must state the words “imported by” or a similar appropriate phrase and, immediately thereafter, the name and address of the importer.

(1) For purposes of this section, the importer is the holder of the importer's basic permit that either makes the original Customs entry or is the person for which such entry is made, or the holder of the importer's basic permit that is the agent, distributor, or franchise holder for the particular brand of imported alcohol beverages and that places the order abroad.

(2) The address of the importer must be stated as the city and State of the principal place of business and must be consistent with the address reflected on the importer's basic permit. Addresses may, but are not required to, include additional information such as street names, counties, zip codes, phone numbers, and website addresses. The postal abbreviation of the State name may be used; for example, California may be abbreviated as CA.

(c) Wine bottled in a foreign country other than the country of origin. If the wine was blended, bottled or packed in a foreign country other than the country of origin, and the label identifies the country of origin, the label must state “blended by,” “bottled by,” or other appropriate statement, followed by the name of the blender or bottler and the place where the wine was blended, bottled or packed.

(d) Optional statements. In addition to the statements required by paragraph (a)(1) of this section, the label may also state the name and address of the principal place of business of the foreign producer. Other words, or their English-language equivalents, denoting winemaking operations may be used in accordance with the requirements of the country of origin, for wines sold within the country of origin for home consumption.

(e) Form of address. The “place” stated must be the city and State, shown on the basic permit or other qualifying document, of the premises at which the operations took place; and the place for each operation that is designated on the label must be shown.

(2) The postal abbreviation of the State name may be used; for example, California may be abbreviated as CA.

(f) Trade or operating names. A trade name may be used if the trade name is listed on the basic permit or other qualifying documentation and if its use on the label would not create any misleading impression as to the age, origin, or identity of the product.

(a) Pursuant to U.S. Customs and Border Protection (CBP) regulations at 19 CFR parts 102 and 134, a country of origin statement must appear on the container of wine imported in containers or bottled in the United States after importation. Labeling statements with regard to the country of origin must be consistent with CBP regulations. The determination of the country (or countries) of origin, for imported wines, as well as for blends of imported wine with domestically fermented wine, must comply with CBP regulations.

(b) It is the responsibility of the importer or bottler, as appropriate, to ensure compliance with the country of origin marking requirement, both when wine is imported in containers and when imported wines are subject to bottling, blending, or production activities in the United States. Industry members may seek a ruling from CBP for a determination of the country of origin for their product.

The requirements of this section apply to the net contents statement required by § 4.63.

(a) Standard containers. The net contents for wine for which a standard of fill is prescribed in § 4.203 must be stated in the same manner and form as specified in the standard of fill.

(b) Aggregately packaged containers—(1) External containers. The net contents of the external container for wine packaged in an aggregate package under the provisions of § 4.214 must be stated in accordance with that section.

(2) Internal containers. The net contents for the internal containers of an aggregate package must be stated in milliliters.

(c) Wine not subject to standards of fill. The net contents of wine that is not subject to standards of fill prescribed in § 4.203, under the rules set forth in § 4.201(b), must be stated as follows:

(1) If the container has a capacity of more than one liter, the net contents must be stated in liters and in decimal portions of a liter accurate to the nearest one-hundredth of a liter; and

(2) If the container has a capacity of less than one liter, the net contents shall be stated in milliliters.

(d) Optional statement of U.S. equivalent net contents. Net contents in U.S. equivalents may appear on a label along with the required metric net contents statement. If used, the U.S. equivalent volume must be shown as follows:

(1) For the metric standards of fill:

(i) 3 liters (101 fl. oz.);

(ii) 1.5 liters (50.7 fl. oz.);

(iii) 1 liter (33.8 fl. oz.);

(iv) 750 mL (25.4 fl. oz.);

(v) 500 mL (16.9 fl. oz.);

(vi) 375 mL (12.7 fl. oz.);

(vii) 187 mL (6.3 fl. oz.);

(viii) 100 mL (3.4 fl. oz.); and

(ix) 50 mL (1.7 fl. oz.).

(2) If the container is exempt from a standard of fill as described in paragraph (c) of this section:

(i) Equivalent volumes of less than 100 fluid ounces must be stated in fluid ounces, accurate to the nearest one-tenth of a fluid ounce, for example: 600 mL (20.3 fl. oz.); and

(ii) Equivalent volumes of 100 fluid ounces or more must be stated in fluid ounces only, accurate to the nearest whole fluid ounce, for example: 6 liters (203 fl. oz.).

(e) Tolerances. A statement of net contents must indicate the exact volume of wine in the container, except that the following tolerances shall be allowed:

(1) Discrepancies due exclusively to errors in measuring that occur in filling conducted in compliance with good commercial practice;

(2) Discrepancies due exclusively to differences in the capacity of containers, resulting solely from unavoidable difficulties in manufacturing the containers so as to be of uniform capacity, provided that the discrepancy does not result from a bottle design that prevents the manufacture of bottles of an approximately uniform capacity; and

(3) Discrepancies in measure due to differences in atmospheric conditions in various places, including discrepancies resulting from the ordinary and customary exposure of alcohol beverages in containers to evaporation, provided that the discrepancy is determined to be reasonable on a case-by-case basis.

(a) Application. The labeling practices, statements, and representations in this subpart may be used on wine labels only when used in compliance with this subpart. In addition, if any of the practices, statements, or representations in this subpart are used elsewhere on containers or in packaging, they must comply with the requirements of this subpart. For purposes of this subpart:

(1) The term “label” includes all labels on wine containers on which mandatory information may appear, as set forth in § 4.61(a), as well as any other label on the container.

(2) The term “container” includes all parts of the wine container, including any part of a wine container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 4.61(b).

(3) The term “packaging” includes any carton, case, carrier, individual covering or other packaging of such containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Statement or representation. For purposes of this subpart, the term “statement or representation” includes any statement, design, device, or representation, and includes pictorial or graphic designs or representations as well as written ones. The term “statement or representation” includes explicit and implicit statements and representations.

Food Allergen Labeling

(a) Definitions. For purposes of this section, the following terms or phrases have the meanings indicated.

(1) Major food allergen means any of the following:

(i) Milk, egg, fish (for example, bass, flounder, or cod), Crustacean shellfish (for example, crab, lobster, or shrimp), tree nuts (for example, almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or

(ii) A food ingredient that contains protein derived from a food specified in paragraph (a)(1)(i) of this section, except:

(A) Any highly refined oil derived from a food specified in paragraph (a)(1)(i) of this section and any ingredient derived from such highly refined oil; or

(B) A food ingredient that is exempt from major food allergen labeling requirements pursuant to a petition for exemption approved by the Food and Drug Administration (FDA) under 21 U.S.C. 343(w)(6) or pursuant to a notice submitted to the FDA under 21 U.S.C. 343(w)(7), provided that the food ingredient meets the terms or conditions, if any, specified for that exemption.

(2) Name of the food source from which each major food allergen is derived. “Name of the food source from which each major food allergen is derived” means the name of the food as listed in paragraph (a)(1)(i) of this section, except that:

(i) In the case of a tree nut, it means the name of the specific type of nut (for example, almonds, pecans, or walnuts);

(ii) In the case of Crustacean shellfish, it means the name of the species of Crustacean shellfish (for example, crab, lobster, or shrimp); and

(iii) The names “egg” and “peanuts,” as well as the names of the different types of tree nuts, may be expressed in either the singular or plural form, and the names “soy,” “soybean,” or “soya” may be used instead of “soybeans.”

(b) Voluntary labeling standards. Major food allergens used in the production of a wine product may, on a voluntary basis, be declared on a label or container. However, if any one major food allergen is voluntarily declared, all major food allergens used in production of the wine product, including major food allergens used as fining or processing agents, must be declared, except when covered by a petition for exemption approved by the appropriate TTB officer under § 4.83. The major food allergens declaration must consist of the word “Contains” followed by a colon and the name of the food source from which each major food allergen is derived (for example, “Contains: egg”).

(c) Cross reference. For mandatory labeling requirements applicable to wine products containing FD&C Yellow No. 5, sulfites, aspartame, and cochineal extract or carmine, see § 4.63(b).

(a) Submission of petition. Any person may petition the appropriate TTB officer to exempt a particular product or class of products from the labeling requirements of § 4.82. The burden is on the petitioner to provide scientific evidence (as well as the analytical method used to produce the evidence) that demonstrates that the finished product or class of products, as derived by the method specified in the petition, either:

(1) Does not cause an allergic response that poses a risk to human health; or

(2) Does not contain allergenic protein derived from one of the foods identified in § 4.82(a)(1)(i), even though a major food allergen was used in production.

(b) Decision on petition. TTB will approve or deny a petition for exemption submitted under paragraph (a) of this section in writing within 180 days of receipt of the petition. If TTB does not provide a written response to the petitioner within that 180-day period, the petition will be deemed denied, unless an extension of time for decision is mutually agreed upon by the appropriate TTB officer and the petitioner. TTB may confer with the Food and Drug Administration (FDA) on petitions for exemption, as appropriate and as FDA resources permit. TTB may require the submission of product samples and other additional information in support of a petition; however, unless required by TTB, the submission of samples or additional information by the petitioner after submission of the petition will be treated as the withdrawal of the initial petition and the submission of a new petition. An approval or denial under this section will constitute final agency action.

(c) Resubmission of a petition. After a petition for exemption is denied under this section, the petitioner may resubmit the petition along with supporting materials for reconsideration at any time. TTB will treat this submission as a new petition.

(d) Availability of information—(1) General. TTB will promptly post to its website, https://www.ttb.gov,, all petitions received under this section, as well as TTB's responses to those petitions. Any information submitted in support of the petition that is not posted to the TTB website will be available to the public pursuant to the Freedom of Information Act (5 U.S.C. 552), except where a request for confidential treatment is granted under paragraph (d)(2) of this section.

(2) Requests for confidential treatment of business information. A person who provides trade secrets or other commercial or financial information in connection with a petition for exemption under this section may request that TTB give confidential treatment to that information. A failure to request confidential treatment at the time the information in question is submitted to TTB will constitute a waiver of confidential treatment. A request for confidential treatment of information under this section must conform to the following standards:

(i) The request must be in writing;

(ii) The request must clearly identify the information to be kept confidential;

(iii) The request must relate to information that constitutes trade secrets or other confidential commercial or financial information regarding the business transactions of an interested person, the disclosure of which would cause substantial harm to the competitive position of that person;

(iv) The request must set forth the reasons why the information should not be disclosed, including the reasons the disclosure of the information would prejudice the competitive position of the interested person; and

(v) The request must be supported by a signed statement by the interested person, or by an authorized officer or employee of that person, certifying that the information in question is a trade secret or other confidential commercial or financial information and that the information is not already in the public domain.

Production Claims

Use of the term “organic” is permitted if any such use complies with United States Department of Agriculture (USDA) National Organic Program rules (7 CFR part 205), as interpreted by the USDA.

Statements related to environmental or sustainable agricultural practices, social justice principles, and other similar statements (such as, “Produced using 100% solar energy” or “Carbon Neutral”) may appear as long as the statements are truthful, specific, and not misleading. Statements or logos indicating environmental, sustainable agricultural, or social justice certification (such as, “Biodyvin,” “Salmon-Safe,” or “Fair Trade Certified”) may appear on wines that are actually certified by the appropriate organization.

Wine labels, containers, and packaging may bear TTB issued permit numbers as long as those permit numbers are located immediately adjacent to the name and address of the person operating the bonded wine cellar or winery. No additional reference may be made that may convey the impression that the wine was made or matured under government supervision or in accordance with government standards.

(a) General. Except as provided in paragraph (b) of this section, the name of a vineyard, orchard, farm, or ranch may not appear on a wine label, container, or packaging unless 95 percent of the wine in the container is produced from primary winemaking material grown on the named vineyard, orchard, farm, or ranch.

(b) Exception. (1) A vineyard, orchard, farm, or ranch name may be used without complying with the requirements of paragraph (a) of this section if the vineyard, orchard, farm, or ranch name is part of an operating name or trade name that appears in the mandatory name and address statement. In such a case, the vineyard, orchard, farm, or ranch name that appears in the name and address statement may also appear in the brand name, as long as use of the name does not make a claim as to the origin of the winemaking materials.

(2) Vineyard, orchard, farm, or ranch name having geographic significance. When used in a brand name, a vineyard, orchard, farm, or ranch name having geographical or viticultural significance is subject to the requirements of § 4.64(b) and (c).

Appellations of Origin for Grape Wine

(a) General. An appellation of origin for grape wine is the name of a place where grapes used to produce a specified minimum percentage of wine for still grape wine, sparkling grape wine, and carbonated grape wine were grown. The requirements in this section and §§ 4.89 through 4.91 apply to the use of appellations of origin. All parts of the appellation must be in the same type size and immediately adjacent to each other.

(b) Definition of “appellation of origin” for American wine. An American appellation of origin is the name (or names) of:

(1) (The) United States or America (American);

(2) A State;

(3) Two or three States;

(4) A county (which must be identified with the word “county” or other appropriate term for a county equivalent, where applicable, printed in the same font and type size as the name of the county);

(5) Two or three counties in the same State; or

(6) A viticultural area (as defined in § 4.91).

(c) Definition of appellation of origin for imported wine. An appellation of origin for imported wine is the name (or names) of:

(1) A country;

(2) A state, province, territory, or similar political subdivision of a country equivalent to a state or county;

(3) Two or three states, provinces, territories, or similar political subdivisions of a country equivalent to a state;

(4) Two or three counties; or

(5) A viticultural area (as defined in § 4.91).

(d) When an appellation of origin must be used. An appellation of origin in accordance with §§ 4.88 through 4.91, disclosing the true place of origin of the wine, must appear if:

(1) A varietal (grape type) designation is used as provided in § 4.156;

(2) A type designation of varietal significance is used as provided in § 4.157;

(3) A semi-generic type designation is used as the class and type designation of the wine, as provided in § 4.174;

(6) The wine is labeled with a vintage date, and otherwise conforms with the provisions of § 4.95.

(a) Appellations of origin for American wine. An American wine is entitled to use the name of a single county, State, or country (the United States or America[n]) as an appellation of origin if:

(1) At least 75 percent of the volume of wine is derived from grapes grown in the named county, State or country;

(2) The wine has been fully finished (as defined in § 4.1):

(i) In the United States, if labeled “[the] United States” or “America[n]”;

(ii) Within the labeled State or an adjacent State if labeled with a State appellation; or

(iii) Within the State in which the labeled county is located, if labeled with a county appellation; and

(3) The wine conforms to the laws and regulations of the named appellation area that govern the composition, method of production, and designation of wines made in such area.

(b) Appellations of origin for imported wine. An imported wine is entitled to use the name of a single country or a single State, province, territory, or similar political subdivision of a country equivalent to a state or county as an appellation of origin if:

(1) At least 75 percent of the volume of the wine is derived from grapes grown in the area indicated by the appellation of origin; and

(2) The wine conforms to the requirements of the foreign laws and regulations that govern the composition, method of production, and designation of wines available for consumption within the country of origin.

(a) Multicounty appellations of origin for American wine. An appellation of origin comprising the names of two or three counties in the same State may be used if:

(1) At least 85 percent of the volume of the wine is derived from grapes grown in the counties included in the appellation;

(2) The wine derived from grapes grown in each county included in the appellation is in greater proportion than wine derived from grapes grown in any county that is not listed; and

(3) The counties must be listed in descending order of predominance, based on the percentage of wine derived from grapes grown in each county.

(b) Multicounty appellations of origin for imported wine. An appellation of origin comprising the names of two or three states, provinces, territories, or similar political subdivisions of a country equivalent to a county, all of which are in the same country, may be used if:

(1) At least 85 percent of the volume of the wine is derived from grapes grown in the counties included in the appellation;

(2) The wine derived from grapes grown in each county included in the appellation is in greater proportion than wine derived from grapes grown in any county that is not listed;

(3) The counties must be listed in descending order of predominance, based on the percentage of wine derived from grapes grown in each county; and

(4) The wine conforms to the requirements of the foreign laws and regulations that govern the composition, method of production, and designation of wines available for consumption within the country of origin.

(c) Multistate appellations of origin for American wine. An appellation of origin comprising the names of two or three States may be used if:

(1) At least 85 percent of the volume of the wine is derived from grapes grown in the States included in the appellation;

(2) The wine derived from grapes grown in each State included in the appellation is in greater proportion than wine derived from grapes grown in any State that is not listed;

(3) The States are listed in a descending order of predominance, based on the percentage of wine derived from grapes grown in each State;

(4) The wine has been fully finished (as defined in § 4.1) in one of the labeled States; and

(5) The wine conforms to the laws and regulations that govern the composition, method of manufacture, and designation of wines in all of the States listed in the appellation.

(d) Multistate appellations of origin for imported wine. An appellation of origin comprising the names of two or three states, provinces, territories, or similar political subdivisions of a country equivalent to a state, all of which are in the same country, may be used if:

(1) At least 85 percent of the volume of the wine is derived from grapes grown in the states, provinces, territories, or similar political subdivisions of a country equivalent to a state that are included in the appellation;

(2) The wine derived from grapes grown in each state, province, territory, or similar political subdivision included in the appellation is in greater proportion than wine derived from grapes grown in any such area not listed on the label;

(3) The states, provinces, territories, or similar political subdivisions are listed in a descending order of predominance, based on the percentage of wine derived from grapes grown in each; and

(4) The wine conforms to the requirements of the foreign laws and regulations that govern the composition, method of production, and designation of wines available for consumption within the country of origin.

(a) Definition of viticultural area for American wine. An American viticultural area is a delimited grape-growing region having a name, distinguishing features, and a delineated boundary as established in part 9 of this chapter.

(b) Definition of viticultural area for imported wine. A viticultural area for imported wine is a delimited place or region (other than a place or region (such as a county or state) defined in § 4.88(c)(1), (2), or (3)) the boundaries of which have been recognized and defined by the country of origin for use on labels of wine available for consumption within the country of origin.

(c) Establishment of American viticultural areas. A petition for the establishment of an American viticultural area may be submitted by any interested party, pursuant to part 9 and § 70.701(c) of this chapter. The petition must be made in written form and must contain the information specified in § 9.12 of this chapter.

(d) Requirements for use. A wine may be labeled with the name of a viticultural area if:

(1) The appellation has been approved under part 9 of this chapter in the case of domestic wine or by the appropriate foreign government in the case of imported wine;

(2) Not less than 85 percent of the wine is derived from grapes grown within the boundaries of the viticultural area;

(3) In the case of foreign wine, it conforms to the requirements of the foreign laws and regulations that govern the composition, method of production, and designation of wines available for consumption within the country of origin; and

(4) In the case of American wine, it has been fully finished (as defined in § 4.1) within the State, or one of the States, within which the labeled viticultural area is located.

(e) More than one viticultural area. A wine may be labeled with more than one viticultural area if:

(1) The indicated viticultural areas overlap; and

(2) Not less than 85 percent of the volume of the wine is derived from grapes grown in the overlapping area.

Claims About Grape Wine

(a) Conditions for use. The term “Estate bottled” may appear on a wine label only if the wine is labeled with a viticultural area appellation of origin and the bottling winery:

(1) Is located within the labeled viticultural area;

(2) Grew all of the grapes used to make the wine on land owned or controlled by the winery within the boundaries of the labeled viticultural area; and

(3) Crushed the grapes, fermented the resulting must, and fully finished, aged, and bottled the wine in a continuous process (the wine at no time having left the premises of the bottling winery).

(b) Special rule for cooperatives. Grapes grown by the members of a single cooperative bottling winery are considered to be grown by the bottling winery.

(c) Use of other terms. No term other than “Estate bottled” may appear on a label to indicate combined growing and bottling conditions.

(d) Definitions. For purposes of this section, land controlled by the winery refers to property on which the producing winery has the legal right to perform, and does perform, all of the acts common to viticulture under the terms of a lease or similar agreement of at least three years duration.

(a) Conditions for use. The term “Estate(s) grown” may appear on a wine label only if all of the following conditions are met:

(1) The wine is labeled with an appellation of origin;

(2) The producing winery is located within the appellation of origin;

(3) The producing winery grew all of the grapes used to make the wine on land owned or controlled by the producing winery within the boundaries of the appellation of origin, and fermented 100 percent of the wine from those grapes; and

(4) If the bottling winery is not the producing winery, the label must clarify that the wine was “estate grown” by the producing winery, and the name and address of both wineries must appear on the label. An acceptable labeling statement would be “Estate grown and produced by ABC Winery, Seattle, Washington. Bottled by XYZ Winery, Tacoma, Washington.”

(b) Special rule for cooperatives. Grapes grown by the members of a single cooperative bottling winery are considered to be grown by the bottling winery.

(c) Definition. For purposes of this section, land controlled by the winery refers to property on which the producing winery has the legal right to perform, and does perform, all of the acts common to viticulture under the terms of a lease or similar agreement of at least 3 years duration.

(a) General. The claims set forth in paragraphs (b) through (d) of this section about viticultural practices that result in sweet wine may be used on labels of grape wine subject to the rules set forth in this section. In all such cases, the wine must also be labeled with the amount of sugar contained in the grapes at the time of harvest and the amount of residual sugar in the finished wine. The amount of sugar may be stated in degrees Brix, percent by weight, grams per 100 mL or grams per liter. Harvest or picking dates may not be stated on the label unless the wine is labeled with a vintage date in accordance with § 4.95.

(b) Ice wine. The term “ice wine” (or “icewine,” or “ice-wine”) may be used only to describe wines produced exclusively from grapes that have been harvested after they have naturally frozen on the vine. Wine that is ameliorated, concentrated, fortified, or produced from concentrate may not be labeled as “ice wine.” Wine produced from grapes that were frozen post-harvest may not be labeled as “ice wine” but may be labeled with a statement such as “made from grapes frozen post-harvest.”

(c) Late harvest or late picked. The term “late harvest” or “late picked” may not be used on the label of a wine that is ameliorated, concentrated, fortified, or produced from concentrate.

(d) Botrytis Infected or Pourriture Noble. Grape wine produced from grapes that have been infected with the botrytis cinerea mold may be labeled with a term such as “Botrytis Infected,” “Pourriture Noble,” or another name for infection by the botrytis cinerea mold.

(a) General. Grape wine may be labeled with the vintage date (which is the calendar year in which the grapes used to make the wine were harvested) only if the wine is also labeled with an appellation of origin as defined in § 4.88. The requirements in paragraphs (a)(1) through (3) of this section apply to the use of vintage dates on American and imported wines:

(1) If wine is labeled with a viticultural area as defined in § 4.91, at least 95 percent of the wine must have been derived from grapes harvested in the labeled calendar year.

(2) If a wine is labeled with an appellation of origin other than a viticultural area, at least 85 percent of the wine must have been derived from grapes harvested in the labeled calendar year.

(3) A wine may be labeled with only one vintage date.

(b) Imported wine. Imported wine may bear a vintage date if all of the following conditions are met:

(1) The wine is made in compliance with the production standards referenced in paragraph (a) of this section, except that the year of harvest for an imported wine will be determined in accordance with the laws and regulations governing vintage date labeling of wines available for consumption within the country of origin.

(2) The wine is of the vintage shown, the laws of the country of origin regulate the appearance of vintage dates upon the labels of wine produced for consumption within the country of origin, the wine has been produced in conformity with those laws, and the wine would be entitled to bear the vintage date if it had been sold within the country of origin. The importer of the wine imported in bottles or the domestic bottler of wine imported in bulk and bottled in the United States must be able to demonstrate, upon request by the appropriate TTB officer or a customs officer, that the wine is entitled to be labeled with the vintage date.

Appellations of Origin for Fruit Wine, Agricultural Wine, and Rice Wine

(a) General. An appellation of origin for fruit wine, agricultural wine, or rice wine is the name of a place where the fruit (other than grapes), agricultural products, or rice, respectively, used to produce a specified minimum percentage of the fruit wine, agricultural wine, or rice wine, as prescribed in subpart I of this part, are grown. In the case of honey wine, eligibility for use of an appellation of origin is based on the place where the source plants for the honey were grown. The requirements in this section and §§ 4.97 and 4.98, apply to the use of appellations of origin. All parts of the appellation must be in the same type size and immediately adjacent to each other.

(b) Definition of “appellation of origin” for American wine. An American appellation of origin is the name (or names) of:

(1) (The) United States or America (American);

(2) A State (including the District of Columbia and the Commonwealth of Puerto Rico);

(3) Two or no more than three States;

(4) A county (which must be identified with the word “county” or other appropriate term for a county equivalent, where applicable, printed in the same font and type size as the name of the county); or

(5) Two or no more than three counties in the same State.

(c) Definition of appellation of origin for imported wine. An appellation of origin for imported wine is the name (or names) of:

(1) A country;

(2) A state, province, territory, or similar political subdivision of a country equivalent to a state or county; or

(3) Two or three states, provinces, territories, or similar political subdivisions of a country equivalent to a state.

(a) Appellations of origin for American wine. An American fruit, agricultural, or rice wine is entitled to use the name of a single county, State, or country (the United States or America[n]) as an appellation of origin if:

(1) At least 75 percent of the volume of wine is derived from fruit or agricultural products grown in the stated appellation of origin;

(2) The wine has been fully finished (as defined in § 4.1):

(i) In the United States, if labeled “[the] United States” or “America[n]”;

(ii) Within the labeled State or an adjacent State if labeled with a State appellation; or

(iii) Within the State in which the labeled county is located, if labeled with a county appellation; and

(3) The wine conforms to the laws and regulations of the named appellation area that govern the composition, method of production, and designation of wines made in such place.

(b) Appellations of origin for imported wine. An imported wine is entitled to use the name of a single country or a single State, province, territory, or similar political subdivision of a country equivalent to a state or county as an appellation of origin if:

(1) At least 75 percent of the volume of the wine is derived from fruit or other agricultural products grown in the area indicated by the appellation of origin; and

(2) The wine conforms to the requirements of the foreign laws and regulations that govern the composition, method of production, and designation of wines available for consumption within the country of origin.

(a) Multicounty appellations of origin. An appellation of origin comprising the names of two or three counties in the same State may be used if:

(1) At least 85 percent of the volume of the wine is derived from fruit or other agricultural products grown in the counties included in the appellation;

(2) The wine derived from fruit or other agricultural products grown in each county included in the appellation is in greater proportion than wine derived from fruit or other agricultural products grown in any county that is not listed; and

(3) The counties are listed in descending order of predominance, based on the percentage of wine derived from fruit or other agricultural products grown or harvested in each county.

(b) Multistate appellations for American wine. An appellation of origin comprising the names of two or three States may be used, if:

(1) At least 85 percent of the volume of the wine is derived from fruit or other agricultural products grown in the States indicated;

(2) The wine derived from fruit or other agricultural products grown or harvested in each State listed on the label is in greater proportion than wine derived from fruit or other agricultural products grown in any State that is not listed;

(3) The States must be listed in a descending order of predominance, based on the percentage of wine derived from fruit or other agricultural products grown or harvested in each State;

(4) The wine has been fully finished (as defined in § 4.1) in one of the labeled States; and

(5) The wine conforms to the laws and regulations that govern the composition, method of manufacture, and designation of wines in all of the States listed in the appellation.

(c) Multistate appellations of origin for imported wine. An appellation of origin comprising the names of two or three states, provinces, territories, or similar political subdivisions of a country equivalent to a state, all of which are in the same country, may be used if:

(1) At least 85 percent of the volume of the wine is derived from fruit or other agricultural products grown or harvested in the states, provinces, territories, or similar political subdivisions of a country equivalent to a state that are included in the appellation;

(2) The wine derived from fruit or agricultural products grown or harvested in each named state, province, territory, or similar political subdivisions must be listed in a descending order of predominance, based on the percentage of wine derived from fruit or other agricultural products grown or harvested in each;

(3) The wine derived from fruit or other agricultural products grown or harvested in each state, province, territory, or similar political subdivision must be in greater proportion than wine derived from fruit or other agricultural products grown or harvested in any such area not listed on the label; and

(4) The wine conforms to the requirements of the foreign laws and regulations that govern the composition, method of production, and designation of wines available for consumption within the country of origin.

(a) Application. The prohibitions set forth in this subpart apply to any wine label, container, or packaging. For purposes of this subpart:

(1) The term “label” includes all labels on wine containers on which mandatory information may appear, as set forth in § 4.61(a), as well as any other label on the container;

(2) The term “container” includes all parts of the wine container, including any part of a wine container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 4.61(b); and

(3) The term “packaging” includes any carton, case, carrier, individual covering or other packaging of such containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Statement or representation. For purposes of the prohibited practices in this subpart, the term “statement or representation” includes any statement, design, device, or representation, and includes pictorial or graphic designs or representations as well as written ones. The term “statement or representation” includes explicit and implicit statements and representations.

Wine labels, containers, or packaging may not contain any statement or representation that is false or untrue in any particular.

Wine labels, containers, or packaging may not contain any statement or representation that is obscene or indecent.

(a) Application. The labeling practices that are prohibited if misleading set forth in this subpart apply to any wine label, container, or packaging. For purposes of this subpart:

(1) The term “label” includes all labels on wine containers on which mandatory information may appear, as set forth in § 4.61(a), as well as any other label on the container;

(2) The term “container” includes all parts of the wine container, including any part of a wine container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 4.61(b); and

(3) The term “packaging” includes any carton, case, carrier, individual covering or other packaging of such containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Statement or representation. For purposes of this subpart, the term “statement or representation” includes any statement, design, device, or representation, and includes pictorial or graphic designs or representations as well as written ones. The term “statement or representation” includes explicit and implicit statements and representations.

(a) General prohibition. Wine labels, containers, or packaging may not contain any statement or representation, irrespective of falsity, that is misleading to consumers as to the age, origin, identity, or other characteristics of the wine, or with regard to any other material factor.

(b) Ways in which statements or representations may be misleading. (1) A statement or representation is prohibited, irrespective of falsity, if it directly creates a misleading impression, or if it does so indirectly through ambiguity, omission, inference, or by the addition of irrelevant, scientific, or technical matter. For example, an otherwise truthful statement may be misleading because of the omission of material information, the disclosure of which is necessary to prevent the statement from being misleading.

(2) As set forth in § 4.212(b), all claims, whether implicit or explicit, must have a reasonable basis in fact. Any claim on wine labels, containers, or packaging that does not have a reasonable basis in fact, or cannot be adequately substantiated upon the request of the appropriate TTB officer, is considered misleading.

Wine labels, containers, or packaging may not contain any statement relating to guarantees if the appropriate TTB officer finds it is likely to mislead the consumer. However, money-back guarantees are not prohibited.

(a) General. Wine labels, containers, or packaging may not contain any false or misleading statement that explicitly or implicitly disparages a competitor's product.

(b) Examples. (1) An example of an explicit statement that falsely disparages a competitor's product is, “Brand X is not aged in oak barrels,” when such statement is not true.

(2) An example of an implicit statement that disparages competitors' products in a misleading fashion is, “We do not add arsenic to our wine,” where such a claim is true but it may lead consumers to falsely believe that other winemakers do add arsenic to their wine.

(c) Truthful and accurate comparisons. This section does not prevent truthful and accurate comparisons between products (such as, “Our wine contains more grapes than Brand X”) or statements of opinion (such as, “We think our wine tastes better than any other wine on the market”).

Wine labels, containers, or packaging may not contain any statement or representation of or relating to analyses, standards, or tests, whether or not it is true, that is likely to mislead the consumer. An example of such a misleading statement is “tested and approved by our research laboratories” if the testing and approval does not in fact have any significance.

(a) Representations of the armed forces and flags. Wine labels, containers, or packaging may not show an image of any government's flag or any representation related to the armed forces of the United States if the representation, standing alone or considered together with any additional language or symbols on the label, creates a false or misleading impression that the product was endorsed by, made by, used by, or made under the supervision of, the government represented by that flag or the armed forces of the United States. This section does not prohibit the use of a flag as part of a claim of American origin or another country of origin.

(b) Government seals. Wine labels, containers, or packaging may not contain any government seal or other insignia that is likely create a false or misleading impression that the product has been endorsed by, made by, used by, or produced for, or under the supervision of, or in accordance with the specification of, that government. Seals required or specifically authorized by applicable law or regulations and used in accordance with such law or regulations are not prohibited.

(a) Wine labels, containers, or packaging may not contain any statements or representations that mislead consumers to believe that the wine is manufactured or processed under government authority. Wine labels, containers, or packaging may not contain images or designs resembling a stamp of the U.S. Government or any State or foreign government, and may not contain statements or indications that the wine is produced, blended, bottled, packed or sold under, or in accordance with, any municipal, State, Federal, or foreign authorization, law, or regulations, unless such statement is required or specifically authorized by applicable law or regulations. If a municipal, State, or Federal Government permit number is stated on a label, containers, or packaging, it may not be accompanied by any additional statement relating to that permit number with the exception of the name and address of the person associated with that permit number.

(b) If imported wines are covered by a certificate of origin and/or a certificate of vintage date issued by an official duly authorized by the appropriate foreign government, the container, except where prohibited by the foreign government, may refer to that certificate or to the fact of that certification, but the container must not contain any additional statements relating to the certificate or certification. Any reference to such a certificate or certification must be in substantially the following form:

This product was accompanied at the time of the importation by a certificate issued by the

(a) General. Except as provided in paragraph (b) of this section, no label, carton, case, or any other packaging material may contain a statement, design, or representation that tends to create a false or misleading impression that the wine is a distilled spirits or malt beverage product, or that it contains distilled spirits or malt beverages. For example, the use of the name of a class or type designation of a distilled spirits or malt beverage product, as set forth in part 5 or 7 of this chapter, is prohibited, if the use of that name creates a misleading impression as to the identity of the product. Homophones or coined words that simulate or imitate a class or type designation are also prohibited.

(b) Exceptions. This section does not prohibit:

(1) A truthful and accurate statement of alcohol content;

(2) The use of a brand name of a distilled spirits or malt beverage product as a wine brand name, provided that the overall label does not create a misleading impression as to the identity of the product;

(3) The use of a distilled spirits or malt beverage cocktail name as a brand name or a distinctive or fanciful name of a wine product, provided that a statement of composition, in accordance with § 4.151, appears in the same field of vision as the brand name or a distinctive or fanciful name and the overall label does not create a misleading impression about the identity of the product;

(4) The use of a statement of composition that includes a reference to the type of distilled spirits contained therein;

(5) The use of truthful and accurate statements about the production of the wine, as part of a statement of composition or otherwise, such as “aged in whisky barrels,” so long as such statements do not create a misleading impression as to the identity of the product; or

(6) The use of terms that simply compare wine to distilled spirits or malt beverage products without creating a misleading impression as to the identity of the product.

(a) Definitions. When used in this section, the following terms have the meaning indicated:

(1) Health-related statement means any statement related to health (other than the warning statement required under part 16 of this chapter) and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of alcohol, wine, or any substance found within the wine, and health benefits or effects on health. The term includes both specific health claims and general references to alleged health benefits or effects on health associated with the consumption of alcohol, wine, or any substance found within the wine, as well as health-related directional statements. The term also includes statements and claims that imply that a physical or psychological sensation results from consuming the wine, as well as statements and claims of nutritional value (for example, statements of vitamin content). Numerical statements of the calorie, carbohydrate, protein, and fat content of the product do not constitute claims of nutritional value.

(2) Specific health claim means a type of health-related statement that, expressly or by implication, characterizes the relationship of alcohol, wine, or any substance found within the wine, to a disease or health-related condition. Implied specific health claims include statements, symbols, vignettes, or other forms of communication that suggest, within the context in which they are presented, that a relationship exists between wine, alcohol, or any substance found within the wine, and a disease or health-related condition.

(3) Health-related directional statement means a type of health-related statement that directs or refers consumers to a third party or other source for information regarding the effects on health of wine or alcohol consumption.

(b) Rules for labeling—(1) Health-related statements. In general, labels may not contain any health-related statement that is untrue in any particular or tends to create a misleading impression as to the effects on health of alcohol consumption. TTB will evaluate such statements on a case-by-case basis and may require as part of the health-related statement a disclaimer or some other qualifying statement to dispel any misleading impression conveyed by the health-related statement.

(2) Specific health claims. (i) TTB will consult with the Food and Drug Administration (FDA), as needed, on the use of a specific health claim on the wine. If FDA determines that the use of such a labeling claim is a drug claim that is not in compliance with the requirements of the Federal Food, Drug, and Cosmetic Act, TTB will not approve the use of that specific health claim on the wine.

(ii) TTB will approve the use of a specific health claim on a wine label only if the claim: Is truthful and adequately substantiated by scientific or medical evidence; is sufficiently detailed and qualified with respect to the categories of individuals to whom the claim applies; adequately discloses the health risks associated with both moderate and heavier levels of alcohol consumption; and outlines the categories of individuals for whom any levels of alcohol consumption may cause health risks. This information must appear as part of the specific health claim.

(3) Health-related directional statements. A health-related directional statement is presumed misleading unless it:

(i) Directs consumers in a neutral or other non-misleading manner to a third party or other source for balanced information regarding the effects on health of alcohol or alcohol beverage product consumption; and

(ii)(A) Includes as part of the health-related directional statement the following disclaimer: “This statement should not encourage you to drink or to increase your alcohol consumption for health reasons”; or

(B) Includes as part of the health-related directional statement some other qualifying statement that the appropriate TTB officer finds is sufficient to dispel any misleading impression conveyed by the health-related directional statement.

(a) General. Wine labels, containers, or packaging may not include the name, or the simulation or abbreviation of the name, of any living individual of public prominence, or an existing private or public organization, or any graphic, pictorial, or emblematic representation of the individual or organization, if its use is likely to lead a consumer to falsely 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, such individual or organization. This section does not prohibit the use of such names where the individual or organization has provided authorization for their use.

(b) Documentation. The appropriate TTB officer may request documentation from the bottler or importer to establish that the person or organization has provided authorization to use the name of that person or organization.

(c) Disclaimers. Statements or other representations do not violate this section if, taken as a whole, they create no misleading impression as to an implied endorsement either because of the context in which they are presented or because of the use of an adequate disclaimer.

(a) Except as provided in paragraph (b) of this section, labels, containers, or packaging for wine that is not required to bear an “imported by” statement under § 4.67 or § 4.68 may not include the word “importer” or any other word that creates the misleading impression that the product was imported.

(b) If the word “importer” or a similar word is part of the bona fide name of a permittee by or for whom the wine was bottled, or a retailer for whom the wine was bottled or distributed, it may appear as part of the name and address statement, as long as the words “Product of the United States” or similar dispelling language appears immediately adjacent to the name and address statement, in the same size and type of the name and address statement.

(a) Wine labels, containers, or packaging may not include any use of a term defined in this part in a manner that is not consistent with the definitions set forth in this part.

(b) Wine labels, containers, or packaging materials may not contain any coined word or name that simulates, imitates, or which tends to create the impression that the wine so labeled is entitled to bear, any class, type, or authorized designation recognized by the regulations in this part or in part 5 or part 7 of this chapter unless the wine conforms to the requirements prescribed with respect to such designation and is in fact so designated on its labels.

(c) Except as provided by § 4.136, statements or representations on wine labels, containers, or packaging may not make claims about the grape varieties used in production of a wine that does not bear a varietal designation under § 4.156 or § 4.157.

(d) Except as provided by § 4.134, statements or representations on wine labels, containers, or packaging may not make claims about the year that grapes were grown or harvested unless the wine label bears a vintage date in accordance with § 4.95, and the claims are consistent with that date.

(a) Statement of age. Except as provided in paragraphs (b) and (c) of this section, a wine label, container, or packaging may not bear any statement or other representation of age, including representations in the brand name, except for:

(1) Vintage wine, in accordance with § 4.95;

(2) References relating to methods of wine production involving storage or aging, in accordance with § 4.56. Any such age statement must indicate how long the wine has been aged and the type of aging that occurred, for example, “Barrel aged for __ months;” or

(3) Use of the word “old” as part of the brand name; or

(4) Additional truthful, accurate, and specific information about the year of harvest of the grapes or fruit used to make still, sparkling, or carbonated grape wine, or still, sparkling, or carbonated fruit wine, respectively. The information must indicate the percentage of wine derived from grapes or fruit, respectively, grown in each of the labeled harvest years, such as “60% of the grapes used to make this wine were harvested in 2014; the remaining 40% were harvested in 2013,” or “this wine is a blend of 50% wine made from apples harvested in 2012 and 50% wine made from apples harvested in 2011.” When applicable, the years of harvest must be presented in descending order based on the percentage of wine derived from grapes or fruit grown in each year.

(b) Statement of bottling date. For purposes of paragraph (a) of this section, a statement of the bottling date of a wine will not be deemed to be a representation relative to age, provided that the statement appears in the following form: “Bottled in __” (inserting the year in which the wine was bottled).

(c) Miscellaneous date statements. Except in the case of vintage dates and bottling, storage, or aging dates as provided in paragraphs (a) and (b) of this section, a wine label must not bear any date unless, in addition to the date and immediately adjacent to the date and in the same size and kind of printing, a statement of the significance or relevance of the date is provided, such as “established” or “founded in”. If the date refers to the date of establishment of any business or brand name, the date and its accompanying statement must appear immediately adjacent to the name of the person, company, or brand name to which it relates if the appropriate TTB officer finds that this is necessary in order to prevent confusion as to the person, company, or brand name to which the establishment date applies. This paragraph does not authorize the use of dates referring to the date of growth or harvest of the grapes on wines that are not labeled with vintage dates in accordance with § 4.95.

(a) General rule. Except as otherwise provided in §§ 4.64 and 4.174, which address brand names of geographic significance and semi-generic designations, respectively, any statement, design, device or representation on a wine label, container, or packaging that indicates or implies an origin other than the true place of origin of the wine is prohibited. This section does not prohibit name and address statements in accordance with this part.

(b) Wine that is labeled with an appellation of origin. Except as otherwise provided in §§ 4.64 and 4.174, which address brand names of geographic significance and semi-generic designations, respectively, any statement or representation regarding the origin of the grapes, fruit, or agricultural materials used to make wine that is labeled with an appellation of origin must be consistent with the appellation of origin that appears on the label.

(c) Wine that is not labeled with an appellation of origin. Wine that is not labeled with an appellation of origin may be labeled with additional information that provides truthful information about the origin of the grapes, fruit, or other agricultural materials that were used to produce the wine provided that:

(1) The name of the place of origin of the grapes, fruit, or other agricultural products does not appear on the label in a way that creates the misleading impression that the wine is entitled to an appellation of origin under §§ 4.88-4.90 or §§ 4.96-4.97; and

(2) Any additional information about the origin of the grapes, fruit, or other agricultural products of the wine sets forth the origin of 100 percent of the grapes, fruit, or other agricultural products used to make the wine, in descending order of predominance, together with the place where the wine was produced.

(d) Examples of permissible statements of origin as additional information. A wine that is produced in New York and designated as “red wine,” may be labeled with a statement that indicates the origin and percentage of the gapes that were used to produce the wine. If 50 percent of the grapes used to make the wine were grown in New York, and 50 percent of the grapes used to make the wine were grown in Virginia, the wine may bear a statement on the label to the effect of “this wine was produced and bottled in New York from 50 percent New York grapes and 50 percent Virginia grapes.”

(a) The use of a varietal name, type designation of varietal significance, semi-generic name, or geographic distinctive designation is presumed to be misleading and is thus prohibited on the label, container, or packaging of any wine that is not made in accordance with the standards prescribed for still grape wine, sparkling grape wine, or carbonated grape wine of §§ 4.142, 4.143, and 4.144.

(b) The use of such a term on the label of a wine, container, or packaging of any wine that is made in accordance with the standards prescribed for still grape wine, sparkling grape wine, or carbonated grape wine but does not meet the requirements for use of the designation named, including its use in a brand name, product name, or a distinctive or fanciful name, is prohibited where the use of such name may tend to create a false or misleading impression as to the designation, origin, or identity of the wine.

(c) This paragraph does not prohibit the use of truthful, accurate, and specific additional information on the label about the grape varieties used to make a still grape wine, sparkling grape wine, or carbonated grape wine, provided that the information includes every grape variety used to make the wine, listed in descending order of predominance. The percentage of each grape variety may be, but is not required to be, shown on the label, along with a tolerance of two percentage points. When shown, percentages must be shown for all grape varieties listed, and the total must equal 100 percent.

Wine labels, containers, or packaging may not contain any statement or representation that tends to create the impression that the wine should be purchased or consumed based on intoxicating qualities.

(a) Standards of identity (class and type designations) and other designations (statements of composition). Sections 4.142 through 4.150 provide for the standards of identity for wine. These standards are broken into nine classes and several types within each class. In general, the class and/or type designation is used to meet the mandatory requirement found in § 4.63(a)(2). In certain circumstances, a statement of composition as prescribed in § 4.151 may be required. In those circumstances, the statement of composition meets the mandatory label information requirement in § 4.63(a)(2). All parts of the designation of wine, whether mandatory or optional, must appear together and in lettering substantially of the same size and kind. Whenever any term for which a standard of identity has been established in this subpart is used in this part, the term has the meaning assigned to it by that standard of identity.

(b) Cellar treatment of wine. See § 4.154 for cellar treatments that change the class and type designation of wine and for those cellar treatments that are authorized for use without changing the class and type of wine.

(a) Still grape wine. (1) Still grape wine is wine produced by the normal alcoholic fermentation of the juice of sound, ripe grapes (including restored or unrestored pure condensed grape must), with or without the addition, after fermentation, of pure condensed grape must and with or without added spirits of the type authorized for natural wine under 26 U.S.C. 5382, but without other addition or abstraction except as may occur in cellar treatment of the type authorized for natural wine under 26 U.S.C. 5382.

(2) Still grape wine may be ameliorated, or sweetened, before, during, or after fermentation, in a way that is consistent with the limits set forth in 26 U.S.C. 5383 for natural grape wine, provided that grape wine designated as “specially sweetened grape wine” under paragraph (c)(11) of this section may be sweetened in accordance with the standards set forth in 26 U.S.C. 5385.

(3) Still grape wine must contain less than 0.392 grams of carbon dioxide per 100 milliliters. The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide is 0.14 gram per 100 mL (20 degrees Celsius) for red wine and 0.12 gram per 100 mL (20 degrees Celsius) for other grape wine, provided that the maximum volatile acidity for wine produced from unameliorated juice of 28 or more degrees Brix is 0.17 gram per 100 mL for red wine and 0.15 gram per 100 mL for white wine.

(b) Class designation of grape wine. Still grape wine must be designated as “still grape wine” or “grape wine” unless paragraph (c) of this section applies. Still grape wine that is designated with an authorized type designation may use the class designation “grape wine” in addition to the type designation.

(c) Type designation of still grape wine. Still grape wine may be designated with one or more of the following type designation(s) that apply in place of or in addition to the class designation.

(1) Red, white, blush, pink, rosé, and amber wine. Still grape wine that derives its characteristic color from the presence or absence of the red coloring matter of the skins, juice, or pulp of grapes may be designated as “red wine,” “white wine,” “blush wine,” “pink wine,” “rosé wine,” or “amber wine,” as the case may be.

(2) Grape variety. The names of one or more grape varieties (for example, “chardonnay” or “cabernet franc and merlot”) may be used as the type designation in accordance with § 4.156.

(3) Grape type designation of varietal significance. A grape type designation of varietal significance (for example, “moscato” or “scuppernong”) may be used as the type designation in accordance with § 4.157.

(4) Semi generic designation of geographic significance. A semi-generic designation of geographic significance (for example, “Angelica”) may be used as the type designation in accordance with § 4.174.

(5) Non-generic designation that is a distinctive designations of specific grape wines. A non-generic designation that is a distinctive designation of specific grape wine (for example, “Bordeaux Blanc”) may be used as the type designation in accordance with § 4.175.

(6) Table wine and light wine. Still grape wine having an alcoholic content greater than 7 percent by volume and not in excess of 14 percent by volume may be designated as “table wine” or “light wine.”

(7) Dessert wine. Still grape wine having an alcoholic content greater than 14 percent by volume and not in excess of 24 percent by volume may be designated as “dessert wine.”

(8) Angelica. Angelica is grape wine having the taste, aroma, and characteristics generally attributed to angelica. Angelica has an alcohol content in excess of 14 percent but not in excess of 24 percent by volume. The alcohol content is derived in part from added grape brandy or alcohol. Angelica has been recognized as a semi-generic designation of geographic significance and is subject to the requirements of § 4.174.

(9) Madeira, port, and sherry. Madeira, port, and sherry are grape wines having the taste, aroma, and characteristics generally attributed to such wines. Madeira, port, and sherry have an alcohol content in excess of 14 percent but not in excess of 24 percent by volume. The alcohol content is derived in part from added grape brandy or alcohol. These grape wine types have been recognized as semi-generic designation of geographic significance and are subject to the requirements of § 4.174.

(10) Muscatel. Muscatel is grape wine having the taste, aroma, and characteristics generally attributed to Muscatel. Muscatel has an alcohol content in excess of 14 percent but not in excess of 24 percent by volume. The alcohol content is derived in part from added grape brandy or alcohol. Muscatel is a grape type designation.

(11) “Specially sweetened grape wine.” Grape wine sweetened in accordance with the standards set forth in 26 U.S.C. 5385 must include the words “extra sweet,” “specially sweetened,” “specially sweet,” or “sweetened with excess sugar” as part of the class and type designation.

(a) Sparkling grape wine. Sparkling grape wine is still grape wine made effervescent with carbon dioxide resulting solely from the secondary fermentation of the wine within a closed container, tank or bottle. Sparkling grape wine must contain at least 0.392 grams of carbon dioxide per 100 milliliters of wine.

(b) Class designation of sparkling wine. Sparkling grape wine must be designated as “sparkling wine” or “sparkling grape wine.”

(c) Type designations of sparkling wine. In addition to the class designation, sparkling grape wine may be designated with one or more of the following type designation(s) that apply.

(1) Red, white, amber, pink, rosé, and blush. Sparkling wine that derives its characteristic color from the presence or absence of the red coloring matter of the skins, juice, or pulp of grapes may be designated as “sparkling red (or white, blush, pink, rosé, or amber, as the case may be) wine.”

(2) Grape variety. The names of one or more grape varieties following the word “sparkling” (for example, “sparkling chardonnay” or “sparkling cabernet franc and merlot”) may be used as a type designation for sparkling grape wine in accordance with § 4.156.

(3) Grape type designation of varietal significance. A grape type designation (for example, “sparkling moscato” or “sparkling scuppernong”) may be used as a type designation for sparkling wine in accordance with § 4.157.

(4) Semi-generic designation of geographic significance. A semi-generic designation of geographic significance (for example, “champagne”) may be used as the type designation for sparkling grape wine in accordance with § 4.174.

(5) Nongeneric designation that is a distinctive designation. A nongeneric designation that is a distinctive designation of a specific grape wine (for example, “sparkling asti spumante”) may be used as the type designation in accordance with § 4.176.

(6) Champagne. Champagne is a type of sparkling grape wine with an alcohol content of less than 14 percent alcohol by volume. Champagne derives its effervescence solely from the secondary fermentation of the wine within glass containers of not greater than one gallon capacity, and possesses the taste, aroma, and other characteristics attributed to champagne as made in the Champagne district of France. Champagne has been recognized as a semi-generic designation of geographic significance and must be labeled in accordance with § 4.174.

(7) Champagne style and champagne type. A sparkling wine having less than 14 percent alcohol by volume, and having the taste, aroma, and characteristics generally attributed to champagne but not otherwise conforming to the standard for “champagne” as prescribed by paragraph (c)(6) of this section may, in addition to but not in lieu of the class designation “sparkling wine,” be further designated as “champagne style” or “champagne type,” along with one of the required terms denoting use of bulk process set forth in paragraph (d) of this section. The designation “champagne” has been recognized as a semi-generic designation of geographic significance and thus wines labeled with a designation of “champagne style” or “champagne type” must be labeled in accordance with § 4.174.

(8) Crackling wine, petillant wine, frizzante wine, cremant, perlant, reciotto, and other similar wine. Crackling, petillant, frizzante, cremant, perlant, and reciotto wines are types of sparkling grape wines that are normally less effervescent than champagne or other similar sparkling wine, but containing sufficient carbon dioxide in solution to produce, upon pouring under normal conditions, after the disappearance of air bubbles, a slow and steady effervescence evidenced by the formation of gas bubbles flowing through the wine. Such wines may be designated as: “crackling,” “petillant,” “frizzante,” “cremant,” “perlant,” and “reciotto” wines.

(d) Bulk process. In addition to the product designation, any sparkling grape wine that derives its effervescence from secondary fermentation in containers greater than 1-gallon capacity must be labeled with one or more of the following statements: “Bulk process,” “fermented outside the bottle,” “secondary fermentation outside the bottle,” “secondary fermentation before bottling,” “not fermented in the bottle,” or “not bottle fermented.” The statement “charmat method” or “charmat process” may be used as additional information in addition to but not in lieu of one of the required statements. This information must be stated on the same label as the product designation and must appear in at least half the type size as the product designation.

(a) Carbonated grape wine. Carbonated grape wine is still grape wine made effervescent by the injection of carbon dioxide. Carbonated grape wine must contain at least 0.392 grams of carbon dioxide per 100 milliliters of wine.

(b) Class designation of carbonated wine. Carbonated grape wine must be designated as “carbonated wine” or “carbonated grape wine.”

(c) Type designation. In addition to the class designation, carbonated grape wine may be designated with one or more of the following type designation(s) that apply.

(1) Red, white, amber, pink, rosé, and blush. Carbonated wine that derives its characteristic color from the presence or absence of the red coloring matter of the skins, juice, or pulp of grapes may be designated as “carbonated red (or white, blush, pink, rosé, or amber, as the case may be) wine.”

(2) Grape variety. The names of one or more grape varieties may be used as a type designation for carbonated grape wine (for example, “carbonated chardonnay” or “carbonated merlot and cabernet franc”) in accordance with § 4.156.

(3) Grape type designation of varietal significance. A grape type designation may be used as a type designation for carbonated grape wine (for example, “carbonated moscato” or “carbonated scuppernong”) in accordance with § 4.157.

(4) Semi-generic designation of geographic significance. A semi-generic designation of geographic significance may be used as a type designation of carbonated grape wine (for example, “carbonated Burgundy”) in accordance with § 4.174.

(a) Fruit wine. (1) Fruit wine is wine produced by the normal alcoholic fermentation of the juice of sound, ripe fruit (including restored or unrestored pure condensed fruit must) other than grapes, with or without the addition, after fermentation, of pure condensed fruit must and, with or without added spirits of the type authorized for natural wine under 26 U.S.C. 5382, but without other addition or abstraction except as may occur in cellar treatment of the type authorized for natural wine under 26 U.S.C. 5382.

(2) Fruit wine may be ameliorated, or sweetened, before, during, or after fermentation, in a way that is consistent with the limits set forth in 26 U.S.C. 5384 for natural fruit wine, provided that fruit wine designated as “specially sweetened fruit wine” (or with a similar term) under paragraph (c)(8) of this section may be sweetened in accordance with the standards set forth in 26 U.S.C. 5385.

(3) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for fruit wine that does not contain brandy or wine spirits, more than 0.14 gram, and for other fruit wine, more than 0.12 gram, per 100 milliliters (20 degrees Celsius).

(b) Class designation for fruit wine—(1) Fruit wine derived wholly from one kind of fruit. Fruit wine derived wholly from one kind of fruit must be designated with the name of that fruit followed by the word “wine.” For example, wine that is derived wholly from strawberries, oranges, or peaches must be designated as “strawberry wine,” “orange wine,” “peach wine,” respectively.

(2) Fruit wine derived from more than one kind of fruit. Fruit wine derived from the fermentation of more than one kind of fruit must be designated with the name of each fruit, followed by the word “wine” (for example, “blueberry/banana wine,” or “orange-lime wine”). (For the rules regarding statements of composition when two types of fruit wine are blended together, see § 4.151(c)).

(c) Type designation of fruit wine. Fruit wine may be designated with one or more of the following applicable type designation(s) in place of the class designation.

(1) Cider. Fruit wine that is derived wholly from apples may be designated as “cider.”

(2) Perry. Fruit wine that is derived wholly from pears may be designated as “perry.”

(3) Sparkling fruit wine. Fruit wine that is rendered effervescent (at least 0.392 grams of carbon dioxide per 100 milliliters of wine) by carbon dioxide resulting solely from the secondary fermentation of the wine within a closed container, tank, or bottle may be designated as such provided that the name of the fruit follows the word “sparkling.” For example, a fruit wine that is derived wholly from peaches and rendered effervescent as indicated in this paragraph, must be designated as “sparkling peach wine.” If a fruit wine is authorized to carry the designation of “sparkling” and is derived from more than one type of fruit, it must be designated as “sparkling fruit wine” and carry a statement that indicates the types of fruit that the wine is made from, or as “sparkling (name all fruits) wine.”

(4) Carbonated fruit wine. Fruit wine that is rendered effervescent (at least 0.392 grams of carbon dioxide per 100 milliliters of wine) by carbon dioxide may be designated as such provided that the name of the fruit follows the word “carbonated.” For example, a fruit wine that is wholly derived from peaches and rendered effervescent as indicated in this paragraph must be designated as “carbonated peach wine.” If a fruit wine is authorized to carry the designation of “carbonated” and is derived from more than one type of fruit, it must be designated as “carbonated fruit wine” and carry a statement indicating the types of fruit the wine is made from, or as “carbonated (name all fruits) wine.”

(5) Fruit table wine and fruit light wine. Fruit wine that has an alcohol content greater than 7 percent by volume and not in excess of 14 percent by volume may be designated as “(name of fruit(s)) table wine” or “(name of fruit(s)) light wine.”

(6) Fruit dessert wine. Fruit wine that has an alcohol content greater than 14 percent by volume and not in excess of 24 percent by volume may be designated as “(name of fruit(s)) dessert wine.”

(7) Specially sweetened fruit wine. Fruit wine sweetened in accordance with the standards set forth in 26 U.S.C. 5385 must include the words “extra sweet,” “specially sweetened,” “specially sweet,” or “sweetened with excess sugar” as part of the class and type designation.

(a) Agricultural wine. (1) Agricultural wine is made from suitable agricultural products other than the juice of grapes, berries, or other fruits and is produced by the normal alcoholic fermentation of sound fermentable agricultural products, either fresh or dried, or of the restored or unrestored pure condensed must thereof, and without added distilled spirits.

(2) Agricultural wine may not be flavored or colored; however, hops may be used in the production of honey wine in accordance with the standards set forth in part 24 of this chapter.

(3) Agricultural wine may be ameliorated in accordance with the standards set forth in part 24 of this chapter. The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for wine of this class, more than 0.14 grams per 100 milliliters (20 degrees Celsius).

(b) Class designation of agricultural wine—(1) Agricultural wine derived wholly from one kind of agricultural product. Agricultural wine derived wholly from one kind of agricultural product must be designated by the word “wine” qualified by the name of the agricultural product. For example, agricultural wine that is derived wholly from dandelions, raisins, or agave must be designated as “dandelion wine,” “raisin wine,” or “agave wine,” respectively. Agricultural wine derived wholly from honey may be designated as either “honey wine” or “mead.”

(2) Agricultural wine derived from more than one kind of agricultural product. Agricultural wine derived from the fermentation of more than one kind of agricultural product must be designated with the name of each agricultural material, followed by the word “wine” (for example, “dandelion honey wine). (For the rules regarding statements of composition when two types of agricultural wine are blended together, see § 4.151(c)).

(c) Type designations. One or more of the following type designations may be used in place of the class designation for agricultural wine:

(1) Sparkling agricultural wine. Agricultural wine that is rendered effervescent (at least 0.392 grams of carbon dioxide per 100 milliliters of wine) by carbon dioxide resulting solely from the secondary fermentation of the wine within a closed container, tank, or bottle may be designated as “sparkling (name of agricultural product) wine.” For example, agricultural wine that is derived wholly from dandelions and rendered effervescent as stated in this paragraph must be designated as “sparkling dandelion wine.”

(2) Carbonated agricultural wine. Agricultural wine that is rendered effervescent (at least 0.392 grams of carbon dioxide per 100 milliliters of wine) by carbon dioxide may be designated as “carbonated (name of agricultural product) wine.” For example, agricultural wine that is derived wholly from dandelions and rendered effervescent as stated in this paragraph must be designated as “carbonated dandelion wine.”

(3) Agricultural table wine and light wine. Agricultural wine that has an alcohol content greater than 7 percent by volume and not in excess of 14 percent by volume may be designated as “(name of agricultural product(s)) table wine” or “(name of agricultural product(s)) light wine.”

(4) Agricultural dessert wine. Agricultural wine having an alcoholic content greater than 14 percent by volume and not in excess of 24 percent by volume may be designated as “(name of agricultural product(s)) dessert wine.”

(a) Aperitif wine. Aperitif wine is compounded from grape wine containing added brandy or alcohol may be flavored with herbs and other natural aromatic flavoring materials, with or without the addition of caramel for coloring purposes; and possess the taste, aroma, and characteristics generally attributed to aperitif wine; and must have an alcoholic content of not less than 15 percent by volume.

(b) Class designation of aperitif wine. Aperitif wine must be designated as aperitif wine unless paragraph (c) of this section applies.

(c) Type designation of aperitif wine. The following type designation may be used for aperitif wine in place of the class designation as applicable.

(1) Vermouth. Vermouth is a type of aperitif wine made from grape wine, having the taste, aroma, and characteristics generally attributed to vermouth. Vermouth has been recognized as a generic designation of geographical significance and may be designated as “vermouth.”

(2) [Reserved].

(a) Rice wine. Rice wine is produced from the alcoholic fermentation of rice, with or without the addition of distilled spirits.

(b) Class designation of rice wine. Wine of this class must be designated as rice wine unless it meets one of the type designations in paragraph (c) of this section.

(c) Type designation of rice wine. One or more of the following type designations may be used for rice wine as applicable.

(1) Saké. Saké is produced from rice in accordance with the commonly accepted method of manufacture of such product. Saké has been designated as a generic designation of geographic significance under § 4.183.

(2) Gyeongju Beopju. Gyeongju Beopju is a rice wine produced in the Republic of Korea in accordance with the laws and regulations of the Republic of Korea governing the manufacture of such product.

(3) Rice table wine and light wine. Rice wine that has an alcohol content greater than 7 percent by volume and not in excess of 14 percent by volume may be designated as “rice table wine” or “rice light wine.”

(4) Rice dessert wine. Rice wine having an alcoholic content greater than 14 percent by volume and not in excess of 24 percent by volume may be designated as “rice dessert wine.”

“Retsina wine” is still grape table wine fermented or flavored with resin. Retsina has been recognized as a semi-generic designation of geographic significance and is subject to the rules found in § 4.174 with regard to semi-generic designations.

(a) “Imitation wine” shall bear as a part of its designation the word “imitation,” and shall include:

(1) Any wine containing synthetic materials.

(2) Any wine made from a mixture of water with residue remaining after thorough pressing of grapes, fruit, or other agricultural products.

(3) Any class or type of wine the taste, aroma, color, or other characteristics of which have been acquired, in whole or in part, by treatment with methods or materials of any kind (except as permitted in § 4.154(c)(5)), if the taste, aroma, color, or other characteristics of normal wines of such class or type are acquired without such treatment.

(4) Any wine made from must concentrated at any time to more than 80° brix.

(b) “Substandard wine” or “other than standard wine” shall bear as a part of its designation the words “substandard” or “other than standard,” and shall include:

(1) Any wine having a volatile acidity in excess of the maximum prescribed therefor in subpart I of this part.

(2) Any wine for which no maximum volatile acidity is prescribed in subpart I of this part, inclusive, having a volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, in excess of 0.14 gram per 100 milliliters (20 degrees Celsius).

(3) Any wine for which a standard of identity is prescribed in this subpart I of this part, inclusive, which, through disease, decomposition, or otherwise, fails to have the composition, color, and clean vinous taste and aroma of normal wines conforming to such standard.

(4) Any “grape wine,” “fruit wine,” or “wine from other agricultural products” to which sugar, water, or a sugar-water solution has been added in excess of the production standards for such wine as prescribed in part 24 of this chapter and in an amount which is in excess of the limitations prescribed in the standards of identity for these products, unless, in the case of “fruit wine” and “wine from other agricultural products” the normal acidity of the material from which such wine is produced is 20 parts or more per thousand and the volume of the resulting product has not been increased more than 60 percent by such addition.

(a) General. If the class of the wine is not defined in one of the standards of identity specified in subpart I of this part, or the wine has been altered, treated, or blended beyond the standards permitted by § 4.154, a truthful and adequate statement of composition must appear on the label as the class designation. A distinctive or fanciful name, or a designation in accordance with trade understanding may appear in addition to the statement of composition.

(b) The statement of composition may not include any reference to a varietal (grape type) designation, type designation of varietal significance, semi-generic geographic type designation, or geographic distinctive designation.

(c) The appropriate TTB officer may require a statement of composition to identify the base wine(s), including blends of wine or fermentable materials, as well as other materials added to the wine before, during, and after fermentation, as appropriate, in order to ensure that the label provides adequate information about the identity of the product. Where a product consists entirely of a blend of two different types of fruit or agricultural wine, the statement of composition must include of the names of the types of wine (such as, “blueberry wine and apple wine” or “mead/rhubarb wine”).

Cellar Treatment and Alteration of Class and Type

(a) Statement of composition. If the class or type of any wine is altered, and the product as altered does not fall within any other class or type designations specified in §§ 4.142 through 4.150, then such wine must be labeled with a statement of composition in accordance with § 4.151.

(b) Alteration of class or type. Any of the following, occurring before, during, or after fermentation, will result in an alteration of class or type of wine:

(1) Treatment of any class or type of wine with a substance that is not a natural component of the wine and that remains in the wine, provided, that the presence in finished wine of not more than 350 parts per million of total sulfur dioxide, or sulfites expressed as sulfur dioxide, is not prohibited under this paragraph;

(2) Treatment of any class or type of wine with a substance that is not foreign to the wine but that remains in the wine in larger quantities than is naturally and normally present in other wines of the same class or type that are not so treated;

(3) Treatment of any class or type of wine with a method or material of any kind to such an extent or in such a manner as to affect the basic composition of the wine by altering any of its characteristic elements;

(4) Blending wine of one class with wine of another class or blending of wines of different types within the same class; and

(5) Treatment of any class or type of wine for which a standard of identity is prescribed in this part with sugar, water, or a sugar-water solution in excess of the quantities specifically authorized in that standard of identity, except that the class or type of such wine is not deemed to be altered:

(i) If fruit wine, agricultural wine, aperitif wine, rice wine, and imitation wine have a high normal acidity, if the total solids content is not more than 22 grams per 100 cubic centimeters and the content of natural acid is not less than 7.69 grams per liter; or

(ii) If grape wine, fruit wine, agricultural wine, aperitif wine, rice wine, retsina, and imitation wine have the normal acidity of 20 grams per liter, the volume of the resulting product has been increased not more than 60 percent by the addition of sugar, water, or a sugar-water solution for the sole purpose of correcting natural deficiencies due to such acidity, and (except in the case of such wine when produced from fruit or berries other than grapes) the phrase “Made with over 35 percent sugar-water solution” is included as part of the class and type statement.

(c) Authorized cellar treatments: The following treatments are authorized for use provided that they do not result in the alteration of the class or type of the wine under the provisions of paragraph (b) of this section:

(1) Treatment with filtering equipment, or with fining or sterilizing agents;

(2) Treatment with pasteurization or refrigeration as necessary to bring the wine to commercial standards in accordance with acceptable cellar practice but only in such a manner and to such an extent as not to change the basic composition of the wine or eliminate any of its characteristic elements;

(3) Treatment with methods and materials authorized for use under part 24 of this chapter (such as correcting cloudiness, precipitation, or abnormal color) to the minimum extent necessary to correct the wine;

(4) Treatment with constituents naturally present in the kind of fruit or other agricultural product from which the wine is produced for the purpose of correcting deficiencies of these constituents, but only to the extent that such constituents would be present in normal wines of the same class or type not so treated;

(5) Treatment of any class or type of wine involving the use of volatile fruit-flavor concentrates in the manner provided in section 5382 of the Internal Revenue Code; and

(6) In accordance with the provisions of §§ 4.143 through 4.157, carbon dioxide may be used to maintain counterpressure during the transfer of finished sparkling wines from bulk processing tanks to bottles, or from bottle to bottle, provided that the carbon dioxide content of the wine shall not be increased by more than 0.009 gram. per 100 mL during the transfer operation.

Grape Type Labeling

(a) General. The names of one or more grape varieties may be used as the type designation of a grape wine only if the wine is also labeled with an appellation of origin, as defined in § 4.88.

(b) Use of one variety name. Except as otherwise provided in paragraph (c)(1) or (2) of this section, the name of a single grape variety may appear as a type designation on a wine label only if:

(1) Not less than 75 percent of the wine is derived from grapes of that variety, and

(2) The entire qualifying percentage of the named variety was grown in the area described by the labeled appellation of origin.

(c) Exceptions. (1) Wine made from any Vitis labrusca variety (exclusive of hybrids with Vitis labrusca parentage) may be labeled with the variety name if:

(i) Not less than 51 percent of the wine is derived from grapes of the named variety;

(ii) The following statement is shown on any label: “contains not less than 51 percent (name of variety).” This statement does not have to appear if 75 percent or more of the wine is derived from grapes of the named variety; and

(iii) The entire qualifying percentage of the named variety was grown in the labeled appellation of origin area.

(2) Wine made from any variety of any species found by the appropriate TTB officer upon appropriate application to be too strongly flavored at 75 percent minimum varietal content may be labeled with the varietal name if:

(i) Not less than 51 percent of the wine is derived from grapes of that variety;

(ii) The statement “contains not less than 51 percent (name of variety)” is shown on the label (except that this statement need not appear if 75 percent or more of the wine is derived from grapes of the named variety); and

(iii) The entire qualifying percentage of the named variety was grown in the labeled appellation of origin.

(d) Two or more varieties. The names of two or more grape varieties may be used as the type designation if:

(1) Not less than 85 percent of the wine is derived from grapes of the labeled varieties;

(2) The wine derived each grape variety listed on the label is in greater proportion than wine derived from grapes of any variety that is not listed; and

(3) The varieties must be listed in descending order of predominance, based on the percentage of wine derived from each variety of grape.

(e) List of approved variety names for American wine. The name of a grape variety may be used in a type designation for an American wine only if that name has been approved by the Administrator. A list of approved grape variety names appears in subpart J of this part.

(f) List of administratively approved grape variety names. TTB administratively approves grape variety names pending future rulemaking. An administrative approval is temporary in nature, and it means that TTB will allow the use of the grape variety name as a type designation on a wine label pending rulemaking. An administrative approval may be revoked as a result of subsequent rulemaking on the grape variety name. See the TTB website, at https://www.ttb.gov for a list of administratively approved grape variety names.

This section specifies type designations of varietal significance that are used for American wines. A name specified in this section may appear on a label as a type designation for American wine only if the wine is also labeled with an appellation of origin as defined in § 4.157.

(a) Muscadine. Muscadine is the name of an American wine that derives at least 75 percent of its volume from Muscadinia rotundifolia grapes.

(b) Muscatel. Muscatel is the name of a American wine that derives its predominant taste, aroma, and characteristics, and at least 75 percent of its volume from any Muscat grape source, and that conforms to the standards specified in § 4.142(c)(11).

(c) Muscat or moscato. Muscat or moscato is the name of an American wine that derives at least 75 percent of its volume from any Muscat grape source.

(d) Scuppernong. Scuppernong is the name of an American wine that derives at least 75 percent of its volume from bronze Muscadinia rotundifolia grapes.

Generic, Semi-Generic, and Non-Generic Designations of Geographic Significance

(a) Definition. A generic designation is the name of a class or type of wine that once had geographic significance but has been deemed by the Administrator to have lost any geographic significance.

(b) List of generic designations. Vermouth and Saké are generic designations that may be used as a class or type designation, in accordance with subpart I of this part.

(a) Definition. A semi-generic designation of geographic significance is a geographic term which is also the designation of a class or type of wine and which has been deemed to have become semi-generic by the Administrator. A semi-generic designation may be used to designate wine of an origin other than that indicated by such name only when used in accordance with the rules set forth in paragraph (c) of this section.

(b) List of semi-generic designations of geographic significance. Each of the following names has been found to be semi-generic:

(1) Angelica (associated with wine from the United States);

(2) Burgundy (associated with wine from France);

(3) Chablis (associated with wine from France);

(4) Champagne (associated with wine from France);

(5) Chianti (associated with wine from Italy);

(6) Claret (associated with wine from France);

(7) Haut Sauterne (associated with wine from France);

(8) Madeira (associated with wine from Portugal);

(9) Hock (associated with wine from Germany);

(10) Malaga (associated with wine from Spain),

(11) Marsala (associated with wine from Italy);

(12) Moselle (associated with wine from France);

(13) Port (associated with wine from Portugal);

(14) Retsina (associated with wine from Greece);

(15) Rhine wine (associated with wine from Germany);

(16) Sauterne (associated with wine from France);

(17) Sherry (associated with wine from Spain); and

(18) Tokay (associated with wine from Hungary).

(c) Use of authorized semi-generic designations of geographic significance. A semi-generic designation of geographic significance may be used to designate wines of an origin other than that indicated by such name only if:

(1) There appears an appropriate appellation of origin disclosing the true place of origin of the wine in the same field of vision as the semi-generic designation;

(2) The person, or the successor in interest of a person, using a semi-generic designation name listed in paragraphs (b)(2) through (18) of this section, held a COLA or a certificate of exemption from label approval (see § 4.22) issued before March 10, 2006, for a wine label bearing the same brand name or brand name and a distinctive or fanciful name and on which the semi-generic designation appeared; and

(3) The wine so designated conforms to the standard of identity, if any, for such wine contained in the regulations in this part or, if there is no such standard, to the trade understanding of such class or type.

(d) Imported wine originating from the place indicated by the name. In the case of wine originating from the place indicated by the name, the semi-generic designation may be used to designate the wine only if:

(1) The wine conforms either to the standard of identity specified for the wine in subpart I of this part or, if no such standard exists, to the trade understanding of the class or type of the wine; and

(2) The wine conforms to the requirements of the foreign laws and regulations that govern the composition, method of production, and designation of wines available for consumption within the country of origin.

(a) Definition. A nongeneric designation of geographic significance is a name of geographic significance that has not been found by the Administrator to be generic or semi-generic. A nongeneric name of geographic significance may be deemed to be the distinctive designation of a wine if the Administrator finds that it is known to the consumer and to the trade as the designation of a specific wine of a particular place or region, distinguishable from all other wines.

(b) Use of nongeneric designations of geographic significance. Nongeneric designations of geographic significance are appellation of origin names that may be used only to designate wines of the origin indicated by such name in accordance with §§ 4.88 through 4.91, as applicable. Examples of nongeneric names that are not distinctive designations of specific grape wines are American, California, Lake Erie, Napa Valley, New York State, French, and Spanish. Additional examples of foreign nongeneric names are listed in subpart C of part 12 of this chapter.

(c) Use of nongeneric names that are distinctive designations of specific grape wines. Nongeneric designations of geographic significance are appellation of origin names that may be used only to designate wines of the origin indicated by such name in accordance with §§ 4.88 through 4.91, as applicable, and that may also be used as the class and type designation of the wine. Examples of nongeneric names that are distinctive designations of specific grape wines are: Bordeaux Blanc, Bordeaux Rouge, Graves, Medoc, Saint-Julien, Chateau Yquem, Chateau Margaux, Chateau Lafite, Pommard, Chambertin, Montrachet, Rhone, Liebfraumilch, Rudesheimer, Forster, Deidesheimer, Schloss Johannisberger, Lagrima, and Lacryma Christi. A list of foreign distinctive designations, as determined by the Administrator, appears in subpart D of part 12 of this chapter.

(a) Any interested person may petition the Administrator for the approval of a grape variety name. The petition may be in the form of a letter and should provide evidence of the following:

(1) Acceptance of the new grape variety;

(2) The validity of the name for identifying the grape variety;

(3) That the variety is used or will be used in winemaking; and

(4) That the variety is grown and used in the United States.

(b) For the approval of names of new grape varieties, documentation submitted with the petition to provide evidence that the requirements in paragraph (a) of this section have been met may include:

(1) Reference to the publication of the name of the variety in a scientific or professional journal of horticulture or a published report by a professional, scientific or winegrowers' organization;

(2) Reference to a plant patent, if so patented; and

(3) Information pertaining to the commercial potential of the variety, such as the acreage planted and its location or market studies.

(c) The Administrator will not approve a grape variety name if:

(1) The name has previously been used for a different grape variety;

(2) The name contains a term or name found to be misleading under § 4.122; or

(3) The name of a new grape variety contains the term “Riesling.”

(d) For new grape varieties developed in the United States, the Administrator may determine if the use of names which contain words of geographical significance, place names, or foreign words are misleading under § 4.122. The Administrator will not approve the use of a grape variety name found to be misleading.

(e) TTB administratively approves grape variety names pending future rulemaking. An administrative approval is temporary in nature, and it means that TTB will allow the use of the grape variety name as a type designation on a wine label pending rulemaking. An administrative approval may be revoked as a result of subsequent rulemaking on the grape variety name. The list of administratively approved grape variety names can be found on TTB's website at https://www.ttb.gov.

The following grape variety names have been approved by the Administrator for use as type designations for American wines. When more than one name may be used to identify a single variety of grape, the synonym is shown in parentheses following the grape variety name. Grape variety names may be spelled with or without the hyphens or diacritic marks indicated in the list. The list of grape variety names administratively approved under § 4.191(e) is available on the TTB website at https://www.ttb.gov.

Aglianico

Agawam

Albariño (Alvarinho)

Albemarle

Aleatico

Alicante Bouschet

Aligoté

Alvarelhão

Alvarinho (Albariño)

Arneis

Aurore

Auxerrois

Bacchus

Baco blanc

Baco noir

Barbera

Beacon

Beclan

Bellandais

Beta

Biancolella

Black Corinth

Black Malvoisie (Cinsaut)

Black Monukka

Black Muscat (Muscat Hamburg)

Black Pearl

Blanc Du Bois

Blaufränkish (Lemberger, Limberger)

Blue Eye

Bonarda

Bountiful

Brianna

Burdin 4672

Burdin 5201

Burdin 11042

Burgaw

Burger

Cabernet Diane

Cabernet Doré

Cabernet franc

Cabernet Pfeffer

Cabernet Sauvignon

Calzin

Campbell Early (Island Belle)

Canada Muscat

Canaiolo (Canaiolo Nero)

Canaiolo Nero (Canaiolo)

Captivator

Carignan (Carignane)

Carignane (Carignan)

Carlos

Carmenère

Carmine

Carnelian

Cascade

Castel 19-637

Catawba

Cayuga White

Centurion

Chambourcin

Chancellor

Charbono

Chardonel

Chardonnay

Chasselas doré

Chelois

Chenin blanc

Chief

Chowan

Cinsaut (Black Malvoisie)

Clairette blanche

Clinton

Colombard (French Colombard)

Colobel

Corot noir

Cortese

Corvina

Concord

Conquistador

Couderc noir

Counoise

Cowart

Creek

Crimson Cabernet

Cynthiana (Norton)

Dearing

De Chaunac

Delaware

Diamond

Dixie

Dolcetto

Doreen

Dornfelder

Dulcet

Durif (Petite Sirah)

Dutchess

Early Burgundy

Early Muscat

Edelweiss

Eden

Ehrenfelser

Ellen Scott

Elvira

Emerald Riesling

Erbaluce

Favorite

Feher Szagos

Fernão Pires

Fern Munson

Fiano

Flame Tokay

Flora

Florental

Folle blanche

Forastera

Fredonia

Freedom

Freisa

French Colombard (Colombard)

Frontenac

Frontenac gris

Fry

Fumé blanc (Sauvignon blanc)

Furmint

Gamay noir

Garnacha (Grenache, Grenache noir)

Garnacha blanca (Grenache blanc)

Garronet

Geneva Red 7

Gewürztraminer

Gladwin 113

Glennel

Gold

Golden Isles

Golden Muscat

Graciano

Grand Noir

Green Hungarian

Grenache (Garnacha, Grenache noir)

Grenache blanc (Garnacha blanca)

Grenache noir (Garnacha, Grenache)

Grignolino

Grillo

Gros Verdot

Grüner Veltliner

Helena

Herbemont

Higgins

Horizon

Hunt

Iona

Interlaken

Isabella

Island Belle (Campbell Early)

Ives

James

Jewell

Joannes Seyve 12-428

Joannes Seyve 23-416

Kerner

Kay Gray

Kleinberger

La Crescent

LaCrosse

Lagrein

Lake Emerald

Lambrusco

Landal

Landot noir

Lenoir

Léon Millot

Lemberger (Blaufränkish, Limberger)

Limberger (Blaufränkisch, Lemberger)

Louise Swenson

Lucie Kuhlmann

Madeline Angevine

Magnolia

Magoon

Malbec

Malvasia bianca (Moscato greco)

Mammolo

Maréchal Foch

Marquette

Marsanne

Mataro (Monastrell, Mourvèdre)

Melody

Melon (Melon de Bourgogne)

Melon de Bourgogne (Melon)

Merlot

Meunier (Pinot Meunier)

Mish

Mission

Missouri Riesling

Monastrell (Mataro, Mourvèdre)

Mondeuse (Refosco)

Montefiore

Montepulciano

Moore Early

Morio-Muskat

Moscato greco (Malvasia bianca)

Mourvèdre (Mataro, Monastrell)

Müller-Thurgau

Münch

Muscadelle

Muscat blanc (Muscat Canelli)

Muscat Canelli (Muscat blanc)

Muscat du Moulin

Muscat Hamburg (Black Muscat)

Muscat of Alexandria

Muscat Ottonel

Naples

Nebbiolo

Négrette

Negrara

Negro Amaro

Nero d'Avola

New York Muscat

Niagara

Noah

Noble

Noiret

Norton (Cynthiana)

Ontario

Orange Muscat

Palomino

Pamlico

Pedro Ximenes

Peloursin

Petit Bouschet

Petit Manseng

Petit Verdot

Petite Sirah (Durif)

Peverella

Picpoul (Piquepoul blanc)

Pinotage

Pinot blanc

Pinot Grigio (Pinot gris)

Pinot gris (Pinot Grigio)

Pinot Meunier (Meunier)

Pinot noir

Piquepoul blanc (Picpoul)

Prairie Star

Precoce de Malingre

Pride

Primitivo

Princess

Rayon d'Or

Ravat 34

Ravat 51 (Vignoles)

Ravat noir

Redgate

Refosco (Mondeuse)

Regale

Reliance

Riesling (White Riesling)

Rkatsiteli (Rkatziteli)

Rkatziteli (Rkatsiteli)

Roanoke

Rondinella

Rosette

Roucaneuf

Rougeon

Roussanne

Royalty

Rubired

Ruby Cabernet

St. Croix

St. Laurent

St. Pepin

St. Vincent

Sabrevois

Sagrantino

Saint Macaire

Salem

Salvador

Sangiovese

Sauvignon blanc (Fumé blanc)

Sauvignon gris

Scarlet

Scheurebe

Sémillon

Sereksiya

Seyval (Seyval blanc)

Seyval blanc (Seyval)

Shiraz (Syrah)

Siegerrebe

Siegfried

Southland

Souzão

Steuben

Stover

Sugargate

Sultanina (Thompson Seedless)

Summit

Suwannee

Sylvaner

Symphony

Syrah (Shiraz)

Swenson Red

Tannat

Tarheel

Taylor

Tempranillo (Valdepeñas)

Teroldego

Thomas

Thompson Seedless (Sultanina)

Tinta Madeira

Tinto cão

Tocai Friulano

Topsail

Touriga

Traminer

Traminette

Trebbiano (Ugni blanc)

Trousseau

Trousseau gris

Ugni blanc (Trebbiano)

Valdepeñas (Tempranillo)

Valdiguié

Valerien

Valiant

Valvin Muscat

Van Buren

Veeblanc

Veltliner

Ventura

Verdelet

Verdelho

Vergennes

Vermentino

Vidal blanc

Vignoles (Ravat 51)

Villard blanc

Villard noir

Vincent

Viognier

Vivant

Welsch Rizling

Watergate

Welder

White Riesling (Riesling)

Wine King

Yuga

Zinfandel

Zinthiana

Zweigelt

(a) Johannisberg Riesling. The name “Johannisberg Riesling” may be used as the type designation in lieu of “Riesling” for wines bottled prior to January 1, 2006.

(b) Agwam. The name “Agwam” may be used as the type designation in lieu of “Agawam” for wines bottled prior to October 29, 2012.

(a) Except as provided in paragraph (b) of this section, no person engaged in business as a producer, blender, importer, or wholesaler of wine, directly or indirectly, or through an affiliate, may 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 for consumption, any wine in containers, unless the wine is bottled in conformity with §§ 4.202 and 4.203.

(b) Sections 4.202 and 4.203 do not apply to:

(1) Rice wine;

(2) Wine packed in containers of 18 liters or more;

(3) Imported wine in the original containers in which such wine entered customs custody, if the wine was bottled or packed before January 1, 1979; or

(4) Imported wine bottled or packed before January 1, 1979, and certified as to such in a statement, available to the appropriate TTB officer upon request, signed by an official duly authorized by the appropriate foreign government.

(c) Section 4.203 does not apply to wine domestically bottled or packed, either in or out of customs custody, before January 1, 1979, if the wine was bottled or packed according to the standards of fill (listed in ounces, quarts, and gallons) prescribed by regulation before that date.

(a) General. Wine must be bottled in standard wine containers, as defined in this paragraph. A standard wine container is a container that is made, formed, and filled in such a way that it does not mislead purchasers as regards it contents. An individual carton or other container of a bottle may not be so designed as to mislead purchasers as to the size of the bottle it contains.

(b) Headspace. Wine containers must be designed and filled so that the headspace, or empty space between the top of the wine and the top of the container, meets the following specifications:

(1) If the net contents stated on the label are 187 milliliters or more, the headspace must not exceed 6 percent of the container's total capacity after closure.

(2) In the case of all other containers, the headspace must not exceed 10 percent of the container's total capacity after closure.

(c) Design. Regardless of the correctness of the stated net contents, a wine container is deemed to mislead the purchaser if it is made and formed in such a way that its actual capacity is substantially less than the capacity it appears to have upon visual examination under ordinary conditions of purchase or use.

(d) Fill. Containers must be filled with a quantity of wine that corresponds to one of the authorized container sizes prescribed in § 4.203.

(a) Authorized standards of fill. Subject to the container requirements set forth in § 4.202, wine subject to this part must be placed in one of the following authorized container sizes:

(1) 3 liters.

(2) 1.5 liters.

(3) 1 liter.

(4) 750 milliliters.

(5) 500 milliliters.

(6) 375 milliliters.

(7) 187 milliliters.

(8) 100 milliliters.

(9) 50 milliliters.

(b) Sizes larger than 3 liters. Wine may be bottled in containers of 4 liters or larger if the containers are filled and labeled in quantities of whole liters (4 liters, 5 liters, 6 liters, etc.). This applies to containers that have a capacity of up to 17 liters.

(c) Tolerances. The tolerances in fill are the same as are allowed by § 4.62 in respect to statement of net contents on labels.

(a) Under the conditions set forth in paragraphs (b) through (f) of this section, industry members may use aggregate packaging to satisfy a standard of fill required under § 4.203. In other words, industry members may bottle wine in containers that do not meet a standard of fill, as long as those containers are then packaged together in a larger container and the entire net contents of the aggregate package meets a standard of fill. For example, thirty 25-milliliter (mL) bottles may be packaged together to meet the 750 mL standard of fill. The industry member must submit the actual external container and a sample of one of the internal containers to TTB together with the industry member's application for label approval.

(b) The class and type, tax class, and alcohol content of the wine in each of the individual internal containers of the aggregate package must be the same.

(c) The external container, as well as each of the individual internal containers, must be labeled with all of the mandatory label information required by this part and parts 16 and 24 of this chapter; however, an appropriate standard of fill is not required for internal containers.

(d) The external container must include a net contents statement that indicates how the aggregate package equals an authorized standard of fill (for example, “750 mL = 30 containers of 25 mL each”). The internal container must include a net contents statement in accordance with § 4.68.

(e) The external container must be shrink-wrapped, boxed, or sealed in such a manner that the smaller containers cannot be easily removed.

(f) Each of the smaller containers must be labeled “NOT FOR INDIVIDUAL SALE.”

(a) Certificates of label approval (COLAs). Upon request by the appropriate TTB officer, a bottler or importer must provide evidence that a container of wine is covered by a COLA or a certificate of exemption. This requirement may be satisfied by providing original certificates, photocopies or electronic copies of COLAs, or records showing the TTB Identification number assigned to the COLA. TTB may request such information for a period of five years from the date that the products covered by the COLA were removed from the bottler's premises or from customs custody, as applicable.

(b) Labels with revisions. Where labels on containers reflect revisions to the approved label that have been made in compliance with allowable revisions authorized by TTB Form 5100.31 or otherwise authorized by TTB, the bottler or importer must, upon request by the appropriate TTB officer, identify the COLA covering the product if the product is required to be covered by a COLA. TTB may request such information for a period of five years from the date that the products covered by the COLA were removed from the bottler's premises or from customs custody, as applicable.

(c) Other recordkeeping requirements under this part. See § 4.30 for other recordkeeping requirements under this part.

(a) Application. The substantiation requirements of this section apply to any claim made on any label or container subject to the requirements of this part.

(b) Reasonable basis in fact. All claims, whether implicit or explicit, must have a reasonable basis in fact. Claims that contain express or implied statements regarding the amount of support for the claim (such as “tests prove,” or “studies show”) must have the level of substantiation that is claimed. Any labeling claim that does not have a reasonable basis in fact, or cannot be adequately substantiated upon the request of the appropriate TTB officer, will be considered misleading within the meaning of § 4.122(b)(2).

(c) Evidence that claims are adequately substantiated. The appropriate TTB officer may request that bottlers and importers provide evidence that labeling claims are adequately substantiated at any time within a period of five years from the time the wine was removed from the bottling premises or from customs custody, as applicable.

Criminal penalties.

A violation of the labeling provisions of 27 U.S.C. 205(e) is punishable as a misdemeanor. See 27 U.S.C. 207 for the statutory provisions relating to criminal penalties, consent decrees, and injunctions.

A basic permit is conditioned upon compliance with the requirements of 27 U.S.C. 205, including the labeling provisions of this part. A willful violation of the conditions of a basic permit provides grounds for the revocation or suspension of the permit, as applicable, as set forth in part 1 of this chapter.

Pursuant to 27 U.S.C. 207, the appropriate TTB officer is authorized, with respect to any violation of 27 U.S.C. 205, to compromise the liability arising with respect to such violation upon payment of a sum not in excess of $500 for each offense, to be collected by the appropriate TTB officer and to be paid into the Treasury as miscellaneous receipts.

(a) Purpose. This subpart displays the control numbers assigned to information collection requirements in this part by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995, Public Law 104-13.

(b) Chart. The following chart identifies each section in this part that contains an information collection requirement and the OMB control number that is assigned to that information collection requirement.

5.0

Scope.

Subpart A—General Provisions

5.1

Definitions.

5.2

Territorial extent.

5.3

General requirements and prohibitions under the FAA Act.

5.4-5.6

[Reserved]

5.7

Other TTB labeling regulations that apply to distilled spirits.

5.8

Distilled spirits for export.

5.9

Compliance with Federal and State requirements.

5.10

Other related regulations.

5.11

Forms.

5.12

Delegations of the Administrator.

Subpart B—Certificates of Label Approval and Certificates of Exemption From Label Approval Requirements for Distilled Spirits Bottled in the United States

5.21

Requirement for certificates of label approval (COLAs) for distilled spirits bottled in the United States.

5.22

Rules regarding certificates of label approval (COLAs) for distilled spirits bottled in the United States.

5.23

Application for exemption from label approval for distilled spirits bottled in the United States.

Requirements for Distilled Spirits Imported in Containers

5.24

Certificates of label approval (COLAs) for distilled spirits imported in containers.

5.25

Rules regarding certificates of label approval (COLAs) for distilled spirits imported in containers.

Administrative Rules

5.27

Presenting certificates of label approval (COLAs) to Government officials.

5.28

Formulas, samples, and documentation.

5.29

Personalized labels.

5.30

Certificates of age and origin for imported spirits.

Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers

5.41

Alteration of labels.

5.42

Authorized relabeling activities by distillers and importers.

5.43

Relabeling activities that require separate written authorization from TTB.

5.44

Adding a label or other information to a container that identifies the wholesaler, retailer, or consumer.

Subpart D—Label Standards

5.51

Firmly affixed requirements.

5.52

Legibility and other requirements for mandatory information on labels.

5.53

Minimum type size of mandatory information.

5.54

Visibility of mandatory information.

5.55

Language requirements.

5.56

Additional information.

Subpart E—Mandatory Label Information

5.61

What constitutes a label for purposes of mandatory information.

5.62

Packaging (cartons, coverings, and cases).

5.63

Mandatory label information.

5.64

Brand name.

5.65

Alcohol content.

5.66

Name and address for domestically bottled distilled spirits that were wholly made in the United States.

5.67

Name and address for domestically bottled distilled spirits that were bottled after importation.

5.68

Name and address for distilled spirits that were imported in a container.

5.69

Country of origin.

5.70

Net contents.

5.71

Neutral spirits and name of commodity.

5.72

Coloring materials.

5.73

Treatment of whisky or brandy with wood.

5.74

Statements of age, storage, and percentage.

Subpart F—Restricted Labeling Statements

5.81

General.

Food Allergen Labeling

5.82

Voluntary disclosure of major food allergens.

5.83

Petitions for exemption from major food allergen labeling.

Production Claims

5.84

Use of the term “organic.”

5.85

Environmental, sustainability, and similar statements.

5.86

[Reserved]

Other Label Terms

5.87

“Barrel Proof” and similar terms.

5.88

Bottled in bond.

5.89

Multiple distillation claims.

5.90

Terms related to Scotland.

5.91

Use of the term “pure.”

Subpart G—Prohibited Labeling Practices

5.101

General.

5.102

False or untrue statements.

5.103

Obscene or indecent depictions.

Subpart H—Labeling Practices That Are Prohibited If They Are Misleading

5.121

General.

5.122

Misleading statements or representations.

5.123

Guarantees.

5.124

Disparaging statements.

5.125

Tests or analyses.

5.126

Depictions of government symbols.

5.127

Depictions simulating government stamps or relating to supervision.

5.128

Claims related to wine or malt beverages.

5.129

Health-related statements.

5.130

Appearance of endorsement.

Subpart I—Standards of Identity for Distilled Spirits

5.141

The standards of identity in general.

5.142

Neutral spirits or alcohol.

5.143

Whisky.

5.144

Gin.

5.145

Brandy.

5.146

Blended applejack.

5.147

Rum.

5.148

Agave spirits.

5.149

Absinthe or absinth.

5.150

Cordials and liqueurs.

5.151

Flavored spirits.

5.152

Imitations.

5.153

Diluted spirits.

5.154

Rules for geographical designations.

5.155

Alteration of class and type.

5.156

Distilled spirits specialty products.

5.157-5.165

[Reserved]

5.166

Statement of composition.

Subpart J—Formulas

5.191

Application.

5.192

Formula requirements.

5.193

Operations requiring formulas.

5.194

Adoption of predecessor's formulas.

Subpart K—Standards of Fill and Authorized Container Sizes

5.201

General.

5.202

Standard liquor containers.

5.203

Standards of fill (container sizes).

5.204

Aggregate packaging to meet standard of fill requirements.

5.205

Distinctive liquor bottle approval.

Subpart L—Recordkeeping and Substantiation Requirements

5.211

Recordkeeping requirements—certificates.

5.212

Substantiation requirements.

Subpart M—Penalties and Compromise of Liability

5.221

Criminal penalties.

5.222

Conditions of basic permit.

5.223

Compromise.

Subpart N—Paperwork Reduction Act

5.231

OMB control numbers assigned under the Paperwork Reduction Act.

This part sets forth requirements that apply to the labeling and packaging of distilled spirits in containers, including requirements for label approval and rules regarding mandatory, regulated, and prohibited labeling statements.

When used in this part and on forms prescribed under this part, the following terms have the meaning assigned to them in this section, unless the terms appear in a context that requires a different meaning. Any other term defined in the Federal Alcohol Administration Act (FAA Act) and used in this part has the same meaning assigned to it by the FAA Act.

Administrator. The Administrator, Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury.

Age. The length of time during which, after distillation and before bottling, the distilled spirits have been stored in oak barrels in such a manner that chemical changes take place as a result of direct contact with the wood. For bourbon whisky, rye whisky, wheat whisky, malt whisky, or rye malt whisky, and straight whiskies other than straight corn whisky, aging must occur in charred new oak barrels.

American proof. See Proof.

Appropriate TTB officer. An officer or employee of the Alcohol and Tobacco Tax and Trade Bureau (TTB) authorized to perform any function relating to the administration or enforcement of this part by the current version of TTB Order 1135.5, Delegation of the Administrator's Authorities, in 27 CFR part 5, Labeling of Distilled Spirits.

Bottler. Any distiller or processor of distilled spirits who places distilled spirits in containers.

Brand name. The name under which a distilled spirit or line of distilled spirits is sold.

Certificate holder. The permittee or brewer whose name, address, and basic permit number, plant registry number, or brewer's notice number appears on an approved TTB Form 5100.31.

Certificate of exemption from label approval. A certificate issued on TTB Form 5100.31, which authorizes the bottling of wine or distilled spirits, under the condition that the product will under no circumstances be sold, offered for sale, shipped, delivered for shipment, or otherwise introduced by the applicant, directly or indirectly, into interstate or foreign commerce.

Certificate of label approval (COLA). A certificate issued on TTB Form 5100.31 that authorizes the bottling of wine, distilled spirits, and malt beverages, or the removal of bottled wine, distilled spirits, and malt beverages from customs custody for introduction into commerce, as long as the product bears labels identical to the labels appearing on the face of the certificate, or labels with changes authorized by TTB on the certificate or otherwise.

Container. Any can, bottle, box with an internal bladder, cask, keg, or other closed receptacle, in any size or material, that is for use in the sale of distilled spirits at retail. See subpart K of this part for rules regarding authorized standards of fill for containers.

Customs officer. An officer of U.S. Customs and Border Protection (CBP) or any agent or other person authorized by law to perform the duties of such an officer.

Distilled spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. The term “distilled spirits” does not include mixtures containing wine, bottled at 48 degrees of proof or less, if the mixture contains more than 50 percent wine on a proof gallon basis. The term “distilled spirits” also does not include products containing less than 0.5 percent alcohol by volume.

Distilling season. The period from January 1 through June 30, which is the spring distilling season, or the period from July 1 through December 31, which is the fall distilling season.

Distinctive or fanciful name. A descriptive name or phrase chosen to identify a distilled spirits product on the label. It does not include a brand name, class or type designation, or statement of composition.

FAA Act. The Federal Alcohol Administration Act.

Gallon. A U.S. gallon of 231 cubic inches at 60 degrees Fahrenheit.

Grain. Includes cereal grains and the seeds of the pseudocereals amaranth, buckwheat, and quinoa.

In bulk. In barrels or other receptacles having a capacity in excess of 1 wine gallon (3.785 liters).

Interstate or foreign commerce. Commerce between any State and any place outside of that State or commerce within the District of Columbia or commerce between points within the same State but through any place outside of that State.

Liter or litre. A metric unit of capacity equal to 1,000 cubic centimeters or 1,000 milliliters (mL) of distilled spirits at 15.56 degrees Celsius (60 degrees Fahrenheit), and equivalent to 33.814 U.S. fluid ounces.

Net contents. The amount, by volume, of distilled spirits held in a container.

Oak barrel. A cylindrical oak drum of approximately 50 gallons used to age bulk spirits.

Permittee. Any person holding a basic permit under the FAA Act.

Person. Any individual, corporation, partnership, association, joint-stock company, business trust, limited liability company, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or employee of any agency of a State or political subdivision of a State.

Produced at or distilled at. When used with reference to specific degrees of proof of a distilled spirits product, the phrases “produced at” and “distilled at” mean the composite proof of the distilled spirits after completion of distillation and before reduction in proof, if any.

Proof. The ethyl alcohol content of a liquid at 60 degrees Fahrenheit, stated as twice the percentage of ethyl alcohol by volume.

Proof gallon. A gallon of liquid at 60 degrees Fahrenheit that contains 50 percent by volume of ethyl alcohol having a specific gravity of 0.7939 at 60 degrees Fahrenheit, referred to water at 60 degrees Fahrenheit as unity, or the alcoholic equivalent thereof.

Spirits. See Distilled spirits.

State. One of the 50 States of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

TTB. The Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury.

United States (U.S.). The 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

The provisions of this part apply to the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(a) Certificates of label approval (COLAs). Subject to the requirements and exceptions set forth in the regulations in subpart B of this part, any bottler of distilled spirits, and any person who removes distilled spirits in containers from customs custody for sale or any other commercial purpose, is required to first obtain from TTB a COLA covering the label(s) on each container.

(b) Alteration, mutilation, destruction, obliteration, or removal of labels. Subject to the requirements and exceptions set forth in the regulations in subpart C of this part, it is unlawful to alter, mutilate, destroy, obliterate, or remove labels on distilled spirits containers. This prohibition applies to any person, including retailers, holding distilled spirits for sale in interstate or foreign commerce or any person holding distilled spirits for sale after shipment in interstate or foreign commerce.

(c) Labeling requirements for distilled spirits. It is unlawful for any person engaged in business as a bottler, wholesaler, or importer of distilled spirits, directly or indirectly, or through an affiliate, to sell or ship, or deliver for sale or shipment, or otherwise introduce or receive in interstate or foreign commerce, or remove from customs custody, any distilled spirits in containers unless the distilled spirits are bottled in containers, and the containers are marked, branded and labeled, in conformity with the regulations in this part.

(d) Labeled in accordance with this part. In order to be labeled in accordance with the regulations in this part, a container of distilled spirits must be in compliance with the following requirements:

(1) It must bear one or more label(s) meeting the standards for “labels” set forth in subpart D of this part;

(2) One or more of the labels on the container must include the mandatory information set forth in subpart E of this part;

(3) Claims on any label, container, or packaging (as defined in § 5.82) must comply with the rules for regulated label statements, as applicable, set forth in subpart F of this part;

(4) Statements or any other representations on any label, container, or packaging (as defined in §§ 5.81(b) and 5.121(b)) may not violate the regulations in subparts G and H of this part regarding certain practices on labeling of distilled spirits;

(5) The class and type designation on the label(s), as well as any designation appearing on containers or packaging must comply with the standards of identity set forth in subpart I of this part; and

(6) The distilled spirits in the container may not be adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act.

(e) Bottled in accordance with this part. In order to be bottled in accordance with the regulations in this part, the distilled spirits must be bottled in authorized standards of fill in containers that meet the requirements of subpart K of this part.

In addition to the regulations in this part, distilled spirits must also comply with the following TTB labeling regulations:

(a) Health warning statement. Alcoholic beverages, including distilled spirits, that contain at least half of one percent alcohol by volume, must be labeled with a health warning statement, in accordance with the Alcoholic Beverage Labeling Act of 1988 (ABLA). The regulations implementing the ABLA are contained in 27 CFR part 16.

(b) Internal Revenue Code requirements. The labeling and marking requirements for distilled spirits under the Internal Revenue Code are found in 27 CFR part 19, subpart T (for domestic products) and 27 CFR part 27, subpart E (for imported products).

Distilled spirits that are exported in bond without payment of tax directly from a distilled spirits plant or from customs custody are not subject to this part. For purposes of this section, direct exportation in bond does not include exportation after distilled spirits have been removed for consumption or sale in the United States, with appropriate tax determination or payment.

(a) General. Compliance with the requirements of this part relating to the labeling and bottling of distilled spirits does not relieve industry members from responsibility for complying with other applicable Federal and State requirements, including but not limited to those highlighted in paragraphs (b) and (c) of this section.

(b) Ingredient safety. While it remains the responsibility of the industry member to ensure that any ingredient used in production of distilled spirits complies fully with all applicable U.S. Food and Drug Administration (FDA) regulations pertaining to the safety of food ingredients and additives, the appropriate TTB officer may at any time request documentation to establish such compliance. As set forth in § 5.3(d), distilled spirits that are adulterated under the Federal Food, Drug, and Cosmetic Act are not labeled in accordance with this part.

(c) Containers. While it remains the responsibility of the industry member to ensure that containers are made of suitable materials that comply with all applicable FDA health and safety regulations for the packaging of beverages for consumption, the appropriate TTB officer may at any time request documentation to establish such compliance.

(a) TTB regulations. Other TTB regulations that relate to distilled spirits are listed in paragraphs (a)(1) through (9) of this section:

(1) 27 CFR part 1—Basic Permit Requirements Under the Federal Alcohol Administration Act, Nonindustrial Use of Distilled Spirits and Wine, Bulk Sales and Bottling of Distilled Spirits;

(2) 27 CFR part 13—Labeling Proceedings;

(3) 27 CFR part 14—Advertising of Alcohol Beverage Products;

(4) 27 CFR part 16—Alcoholic Beverage Health Warning Statement;

(5) 27 CFR part 19—Distilled Spirits Plants;

(6) 27 CFR part 26—Liquors and Articles From Puerto Rico and the Virgin Islands;

(7) 27 CFR part 27—Importation of Distilled Spirits, Wines, and Beer;

(8) 27 CFR part 28—Exportation of Alcohol; and

(9) 27 CFR part 71—Rules of Practice in Permit Proceedings.

(b) Other Federal Regulations. The regulations listed in paragraphs (b)(1) through (9) of this section issued by other Federal agencies also may apply:

(1) 7 CFR part 205—National Organic Program;

(2) 19 CFR part 11—Packing and Stamping; Marking;

(3) 19 CFR part 102—Rules of Origin;

(4) 19 CFR part 134—Country of Origin Marking;

(5) 21 CFR part 1—General Enforcement Regulations, Subpart H, Registration of Food Facilities, and Subpart I, Prior Notice of Imported Food;

(6) 21 CFR parts 70-82, which pertain to food and color additives;

(7) 21 CFR part 101—Food Labeling;

(8) 21 CFR part 110—Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food; and

(9) 21 CFR parts 170-189, which pertain to food additives and secondary direct food additives.

(a) General. TTB prescribes and makes available all forms required by this part. Any person completing a form must provide all of the information required by each form as indicated by the headings on the form and the instructions for the form. Each form must be filed in accordance with this part and the instructions for the form.

(b) Electronically filing forms. The forms required by this part can be filed electronically by using TTB's online filing systems: COLAs Online and Formulas Online. Anyone who intends to use one of these online filing systems must first register to use the system by accessing the TTB website at https://www.ttb.gov.

(c) Obtaining paper forms. Forms required by this part are available for printing through the TTB website ( https://www.ttb.gov ) or by mailing a request to the Alcohol and Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main Street, Room 8002, Cincinnati, OH 45202.

Most of the regulatory authorities of the Administrator contained in this part are delegated to “appropriate TTB officers.” To determine which officers have been delegated specific authorities, see the current version of TTB Order 1135.5, Delegation of the Administrator's Authorities in 27 CFR part 5, Labeling of Distilled Spirits. Copies of this order can be obtained by accessing the TTB website (https://www.ttb.gov ) or by mailing a request to the Alcohol and Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main Street, Room 8002, Cincinnati, OH 45202.

(a) This section applies to distilled spirits bottled in the United States, outside of customs custody.

(b) No person may bottle distilled spirits without first applying for and obtaining a COLA issued by the appropriate TTB officer. This requirement applies to distilled spirits produced and bottled in the United States and to distilled spirits imported in bulk, regardless of where produced, and bottled in the United States. Bottlers may obtain an exemption from this requirement only if they satisfy the conditions set forth in § 5.23.

(a) What a COLA authorizes. An approved TTB Form 5100.31 authorizes the bottling of distilled spirits covered by the COLA, as long as the container bears labels identical to the labels appearing on the face of the COLA, or labels with changes authorized by TTB on the COLA or otherwise. The list of allowable changes can be found on the TTB website at https://www.ttb.gov.

(b) What a COLA does not do. Among other things, the issuance of a COLA does not:

(1) Confer trademark protection;

(2) Relieve the certificate holder from its responsibility to ensure that all ingredients used in the production of the distilled spirit comply with applicable requirements of the Food and Drug Administration with regard to ingredient safety; or

(3) Relieve the certificate holder from liability for violations of the FAA Act, the Alcohol Beverage Labeling Act of 1988, the Internal Revenue Code, or related regulations and rulings.

(i) The issuance of a COLA does not mean that TTB has verified the accuracy of any representations or claims made on the label with respect to the product in the container. It is the responsibility of the applicant to ensure that all information on the application is true and correct, and that all labeling representations and claims are truthful, accurate, and not misleading with respect to the product in the container.

(ii) A distilled spirit may be mislabeled even when the label is covered by a COLA. For example, if the label on the container contains representations that are false or misleading when applied to the product in the container, the distilled spirit is not labeled in accordance with the regulations in this part, even if it is covered by a COLA.

(c) When to obtain a COLA. The COLA must be obtained prior to bottling. No bottler may bottle distilled spirits, or remove distilled spirits from the premises where bottled, unless a COLA has been obtained.

(d) Application for a COLA. The bottler may apply for a COLA by submitting an application to TTB on Form 5100.31, in accordance with the instructions on the form. The bottler may apply for a COLA either electronically by accessing TTB's online system, COLAs Online, at https://www.ttb.gov,, or by submitting the paper form. For procedures regarding the issuance of COLAs, see part 13 of this chapter.

(a) Exemption. Any bottler of distilled spirits may apply to be exempt from the requirements of this part, by showing to the satisfaction of the appropriate TTB officer that the distilled spirits to be bottled are not to be sold, offered for sale, or shipped or delivered for shipment, or otherwise introduced, in interstate or foreign commerce.

(b) Application required. The bottler must file an application on TTB Form 5100.31 for exemption from label approval before bottling the distilled spirits. The bottler may apply for a certificate of exemption from label approval either electronically, by accessing TTB's online system, COLAs Online, at https://www.ttb.gov,, or by using the paper form. For procedures regarding the issuance of certificates of exemption from label approval, see part 13 of this chapter.

(c) Labeling of distilled spirits covered by certificate of exemption. The application for a certificate of exemption from label approval requires that the applicant identify the State in which the product will be sold. As a condition of receiving exemption from label approval, the label covered by an approved certificate of exemption must include the statement “For sale in [name of State] only.” See §§ 19.517 and 19.518 of this chapter for additional labeling rules that apply to distilled spirits covered by a certificate of exemption.

Requirements for Distilled Spirits Imported in Containers

(a) Application requirement. Any person removing distilled spirits in containers from customs custody for consumption must first apply for and obtain a COLA covering the distilled spirits from the appropriate TTB officer.

(b) Release of distilled spirits from customs custody. Distilled spirits, imported in containers, are not eligible for release from customs custody for consumption, and no person may remove such distilled spirits from customs custody for consumption, unless the person removing the distilled spirits has obtained and is in possession of a COLA covering the distilled spirits.

(c) Filing requirements. If filing electronically, the importer must file with U.S. Customs and Border Protection (CBP), at the time of filing the customs entry, the TTB-assigned identification number of the valid COLA that corresponds to the label on the brand or lot of distilled spirits to be imported. If the importer is not filing electronically, the importer must provide a copy of the COLA to CBP at the time of entry. In addition, the importer must provide a copy of the applicable COLA, and proof of the certificate holder's authorization if applicable, upon request by the appropriate TTB officer or a customs officer.

(d) Scope of this section. The COLA requirement imposed by this section applies only to distilled spirits that are removed for sale or any other commercial purpose. Distilled spirits that are imported in containers are not eligible for a certificate of exemption from label approval. See 27 CFR 27.49, 27.74, and 27.75 for labeling exemptions applicable to certain imported samples of distilled spirits.

(e) Relabeling in customs custody. Containers of distilled spirits in customs custody that are required to be covered by a COLA but are not labeled in conformity with a COLA must be relabeled, under the supervision and direction of customs officers, prior to their removal from customs custody for consumption.

(a) What COLA authorizes. An approved TTB Form 5100.31 authorizes the use of the labels covered by the COLA on containers of distilled spirits, as long as the container bears labels identical to the labels appearing on the face of the COLA, or labels with changes authorized by the form or otherwise authorized by TTB.

(b) What a COLA does not do. Among other things, the issuance of a COLA does not:

(1) Confer trademark protection;

(2) Relieve the certificate holder from its responsibility to ensure that all ingredients used in the production of the distilled spirit comply with applicable requirements of the Food and Drug Administration with regard to ingredient safety; or

(3) Relieve the certificate holder from liability for violations of the FAA Act, the Alcoholic Beverage Labeling Act, the Internal Revenue Code, or related regulations and rulings.

(i) The issuance of a COLA does not mean that TTB has verified the accuracy of any representations or claims made on the label with respect to the product in the container. It is the responsibility of the applicant to ensure that all information on the application is true and correct and that all labeling representations and claims are truthful, accurate, and not misleading with respect to the product in the container.

(ii) Distilled spirits may be mislabeled even when the label is covered by a COLA. For example, if the label on the container contains representations that are false or misleading when applied to the product in the container the distilled spirits are not labeled in accordance with the regulations in this part, even if it is covered by a COLA.

(c) When to obtain a COLA. The COLA must be obtained prior to the removal of distilled spirits in containers from customs custody for consumption.

(d) Application for a COLA. The person responsible for the importation of distilled spirits must obtain approval of the labels by submitting an application to TTB on TTB Form 5100.31. A person may apply for a COLA either electronically, by accessing TTB's online system, COLAs Online, at https://www.ttb.gov,, or by submitting the paper form. For procedures regarding the issuance of COLAs, see part 13 of this chapter.

Administrative Rules

A certificate holder must present the original or a paper or electronic copy of the appropriate COLA upon the request of any duly authorized representative of the United States Government.

(a) In addition to any formula specifically required under subpart J, TTB may require formulas under certain circumstances in connection with the label approval process. Prior to or in conjunction with the review of an application for a certificate of label approval (COLA) on TTB Form 5100.31, the appropriate TTB officer may require a bottler or importer to submit a formula, the results of laboratory testing of the distilled spirits, or a sample of any distilled spirits or ingredients used in producing a distilled spirit. The appropriate TTB officer also may request such information or samples after the issuance of such a COLA, or in connection with any distilled spirit that is required to be covered by a COLA. A formula may be filed electronically by using Formulas Online, or it may be submitted on paper on Form 5100.51. See § 5.11 for more information on forms and Formulas Online.

(b) Upon request of the appropriate TTB officer, a bottler or importer must submit a full and accurate statement of the contents of any container to which labels are to be or have been affixed, as well as any other documentation on any issue pertaining to whether the distilled spirits are labeled in accordance with this part.

(a) General. Applicants for label approval may obtain permission from TTB to make certain changes in order to personalize labels without having to resubmit labels for TTB approval. Personalized labels may contain a personal message, picture, or other artwork that is specific to the consumer who is purchasing the product. For example, a distiller may offer individual or corporate customers labels that commemorate an event such as a wedding or grand opening.

(b) Application. Any person who intends to offer personalized labels must submit a template for the personalized label with the application for label approval, and must note on the application a description of the specific personalized information that may change.

(c) Approval of personalized label. If the application complies with the regulations, TTB will issue a certificate of label approval (COLA) with a qualification allowing the personalization of labels. The qualification will allow the certificate holder to add or change items on the personalized label such as salutations, names, graphics, artwork, congratulatory dates and names, or event dates without applying for a new COLA. All of these items on personalized labels must comply with the regulations of this part.

(d) Changes not allowed to personalized labels. Approval of an application to personalize labels does not authorize the addition of any information that discusses either the alcohol beverage or characteristics of the alcohol beverage or that is inconsistent with or in violation of the provisions of this part or any other applicable provision of law or regulations.

(a) Scotch, Irish, and Canadian whiskies. (1) Scotch, Irish, and Canadian whiskies, imported in containers, are not eligible for release from customs custody for consumption, and no person may remove such whiskies from customs custody for consumption, unless that person has obtained and is in possession of an invoice accompanied by a certificate of origin issued by an official duly authorized by the appropriate foreign government, certifying:

(i) That the particular distilled spirits are Scotch, Irish, or Canadian whisky, as the case may be;

(ii) That the distilled spirits have been manufactured in compliance with the laws of the respective foreign governments regulating the manufacture of whisky for home consumption; and

(iii) That the product conforms to the requirements of the Immature Spirits Act of such foreign governments for spirits intended for home consumption.

(2) In addition, an official duly authorized by the appropriate foreign government must certify to the age of the youngest distilled spirits in the container. The age certified shall be the period during which, after distillation and before bottling, the distilled spirits have been stored in oak containers.

(b) Brandy, including Cognac. Brandy (other than fruit brandies of a type not customarily stored in oak containers) or Cognac, imported in containers, is not eligible for release from customs custody for consumption, and no person may remove such brandy or Cognac from customs custody for consumption, unless the person so removing the brandy or Cognac possesses a certificate issued by an official duly authorized by the appropriate foreign country certifying that the age of the youngest brandy or Cognac in the container is not less than two years, or if age is stated on the label that none of the distilled spirits are of an age less than that stated. The age certified shall be the period during which, after distillation and before bottling, the distilled spirits have been stored in oak containers. If the label of any fruit brandy, not stored in oak containers, bears any statement of storage in another type of container, the brandy is not eligible for release from customs custody for consumption, and no person may remove such brandy from customs custody for consumption, unless the person so removing the brandy possesses a certificate issued by an official duly authorized by the appropriate foreign government certifying to such storage. Cognac, imported in containers, is not eligible for release from customs custody for consumption, and no person may remove such Cognac from customs custody for consumption, unless the person so removing the Cognac possesses a certificate issued by an official duly authorized by the French Government, certifying that the product is grape brandy distilled in the Cognac region of France and entitled to be designated as “Cognac” by the laws and regulations of the French Government.

(c) Rum. Rum imported in containers that contain any statement of age is not eligible to be released from customs custody for consumption, and no person may remove such rum from customs custody for consumption, unless the person so removing the rum possesses a certificate issued by an official duly authorized by the appropriate foreign country, certifying to the age of the youngest rum in the container. The age certified shall be the period during which, after distillation and before bottling, the distilled spirits have been stored in oak containers.

(d) Tequila. (1) Tequila imported in containers is not eligible for release from customs custody for consumption, and no person may remove such Tequila from customs custody for consumption, unless the person removing such Tequila possesses a certificate issued by an official duly authorized by the Mexican Government stating that the product is entitled to be designated as Tequila under the applicable laws and regulations of the Mexican Government.

(2) If the label of any Tequila imported in containers contains any statement of age, the Tequila is not eligible for release from customs custody for consumption, and no person may remove such Tequila from customs custody for consumption, unless the person removing the Tequila possesses a certificate issued by an official duly authorized by the Mexican Government as to the age of the youngest Tequila in the container. The age certified shall be the period during which the Tequila has been stored in oak containers after distillation and before bottling.

(e) Other whiskies. Whisky, as defined in § 5.143(c)(2) through (7) and (10) through (14), that is imported in containers may be released from customs custody for econsumption only if the invoice is accompanied by a certificate issued by a duly authorized official of the appropriate foreign government certifying:

(1) In the case of whisky (regardless of whether it is mixed or blended) that contains no neutral spirits:

(i) The type of the whisky as defined in § 5.143;

(ii) The American proof at which the whisky was distilled;

(iii) That no neutral spirits (or other whisky in the case of straight whisky) have been added or otherwise included in the whisky

(iv) The age of the whisky; and

(v) The type of oak barrel in which the whisky was aged and whether the barrel was new or reused, charred or uncharred; and

(2) In the case of whisky containing neutral spirits:

(i) The type of the whisky as defined in § 5.143;

(ii) The percentage of straight whisky used in the blend, if any;

(iii) The American proof at which any straight whisky in the blend was distilled;

(iv) The percentage of whisky other than straight whisky in the blend, if any;

(v) The percentage of neutral spirits in the blend and the name of the commodity from which the neutral spirits were distilled;

(vi) The age of any straight whisky and the age of any other whisky in the blend; and

(vii) The type of oak barrel in which the age of each whisky in the blend was attained and whether the barrel was new or reused and charred or uncharred.

(f) Miscellaneous. Distilled spirits (other than Scotch, Irish, and Canadian whiskies, and Cognac) imported in containers are not eligible for release from customs custody for consumption, and no person shall remove such spirits from customs custody for consumption, unless that person has obtained and is in possession of an invoice accompanied by a certificate of origin issued by an official duly authorized by the appropriate foreign government, if the issuance of such certificates with respect to such distilled spirits is required by the foreign government concerned, certifying as to the identity of the distilled spirits and that the distilled spirits have been manufactured in compliance with the laws of the respective foreign government regulating the manufacture of such distilled spirits for home consumption.

(g) Retention of certificates—distilled spirits imported in containers. The importer of distilled spirits imported in containers must retain for five years following the removal of the bottled distilled spirits from customs custody copies of the certificates (and accompanying invoices, if applicable) required by paragraphs (a) through (f) of this section, and must provide them upon request of the appropriate TTB officer or a customs officer.

(h) Distilled spirits imported in bulk for bottling in the United States. Distilled spirits that would be required under paragraphs (a) through (f) of this section to be covered by a certificate of age and/or a certificate of origin and that are imported in bulk for bottling in the United States may be removed from the premises where bottled only if the bottler possesses a certificate of age and/or a certificate of origin, issued by the appropriate entity as set forth in paragraphs (a) through (f) of this section, applicable to the spirits that provides the same information as a certificate required under paragraphs (a) through (f) of this section, would provide for like spirits imported in bottles. The bottler of distilled spirits imported in bulk must retain for five years following the removal of such spirits from the domestic plant where bottled copies of the certificates required by paragraphs (a) through (f), and must provide them upon request of the appropriate TTB officer.

(i) Retention of distilled spirits certificates—distilled spirits in bulk. The bottler of distilled spirits imported in bulk must retain, for five years following the removal of such distilled spirits from the premises where bottled, copies of the certificates required by paragraphs (a) through (f) of this section, and must provide them upon request of the appropriate TTB officer.

(a) Prohibition. It is unlawful for any person to alter, mutilate, destroy, obliterate or remove any mark, brand, or label on distilled spirits in containers held for sale in interstate or foreign commerce, or held for sale after shipment in interstate or foreign commerce, except as authorized by § 5.42, § 5.43, or § 5.44, or as otherwise authorized by Federal law.

(b) Authorized relabeling. For purposes of the relabeling activities authorized by this subpart, the term “relabel” includes the alteration, mutilation, destruction, obliteration, or removal of any existing mark, brand, or label on the container, as well as the addition of a new label (such as a sticker that adds information about the product or information engraved on the container) to the container, and the replacement of a label with a new label bearing identical information.

(c) Obligation to comply with other requirements. Authorization to relabel under this subpart in no way authorizes the placement of labels on containers that do not accurately reflect the brand, bottler, identity, or other characteristics of the product; nor does it relieve the person conducting the relabeling operations from any obligation to comply the regulations in this part and with State or local law, or to obtain permission from the owner of the brand where otherwise required.

(a) Relabeling at distilled spirits plant premises. Proprietors of distilled spirits plant premises may relabel domestically bottled distilled spirits prior to removal from, and after return to bond at, the distilled spirits plant premises, with labels covered by a certificate of label approval (COLA), without obtaining separate permission from TTB for the relabeling activity.

(b) Relabeling after removal from distilled spirits plant premises. Proprietors of distilled spirits plant premises may relabel domestically bottled distilled spirits after removal from distilled spirits plant premises with labels covered by a COLA, without obtaining separate permission from TTB for the relabeling activity.

(c) Relabeling in customs custody. Under the supervision of customs officers, imported distilled spirits in containers in customs custody may be relabeled without obtaining separate permission from TTB for the relabeling activity. Such containers must bear labels covered by a COLA upon their removal from customs custody for consumption. See § 5.24(b).

(d) Relabeling after removal from customs custody. Imported distilled spirits in containers may be relabeled by the importer thereof after removal from customs custody without obtaining separate permission from TTB for the relabeling activity, as long as the labels are covered by a COLA.

Any persons holding distilled spirits for sale who need to relabel the containers but are not eligible to obtain a COLA to cover the labels that they wish to affix to the containers may apply for written permission for the relabeling of distilled spirits containers. The appropriate TTB officer may permit relabeling of distilled spirits in containers if the facts show that the relabeling is for the purpose of compliance with the requirements of this part or State law. The written application must include copies of the original and proposed new labels; the circumstances of the request, including the reason for relabeling; the number of containers to be relabeled; the location where the relabeling will take place; and the name and address of the person who will be conducting the relabeling operations.

Any label or other information that identifies the wholesaler, retailer, or consumer of the distilled spirits may be added to containers (by the addition of stickers, engraving, stenciling, etc.) without prior approval from TTB and without being covered by a certificate of label approval or certificate of exemption from label approval. Such information may be added before or after the containers have been removed from distilled spirits plant premises or released from customs custody. The information added:

(a) May not violate the provisions of subpart F, G, or H of this part;

(b) May not contain any reference to the characteristics of the product; and

(c) May not be added to the container in such a way that it obscures any other labels on the container.

Any label that is not an integral part of the container must be affixed to the container in such a way that it cannot be removed without thorough application of water or other solvents.

(a) Readily legible. Mandatory information on labels must be readily legible to potential consumers under ordinary conditions.

(b) Separate and apart. Mandatory information on labels, except brand names, must be separate and apart from any additional information. This does not preclude the addition of brief optional phrases of additional information as part of the class or type designation (such as, “premium vodka” or “delicious Tequila”), the name and address statement (such as, “Proudly distilled and bottled by ABC Distilling Company, Atlanta, GA, for over 30 years”) or other information required by § 5.63(a) and (b), as long as the additional information does not detract from the prominence of the mandatory information. The statements required by § 5.63(c) may not include additional information.

(c) Contrasting background. Mandatory information must appear in a color that contrasts with the background on which it appears, except that if the net contents are blown into a glass container, they need not be contrasting. The color of the container and of the spirits must be taken into account if the label is transparent or if mandatory label information is etched, engraved, sandblasted, or otherwise carved into the surface of the container or is branded, stenciled, painted, printed, or otherwise directly applied on to the surface of the container. Examples of acceptable contrasts are:

(1) Black lettering appearing on a white or cream background; or

(2) White or cream lettering appearing on a black background.

(d) Capitalization. Except for the aspartame statement when required by § 5.63(c)(4), which must appear in all capital letters, mandatory information prescribed by this part may appear in all capital letters, in all lower case letters, or in mixed-case using both capital and lower-case letters.

All capital and lowercase letters in statements of mandatory information on labels must meet the following type size requirements.

(a) Containers of more than 200 milliliters. All mandatory information must be in script, type, or printing that is at least two millimeters in height.

(b) Containers of 200 milliliters or less. All mandatory information must be in script, type, or printing that is at least one millimeter in height.

Mandatory information on a label must be readily visible and may not be covered or obscured in whole or in part. See § 5.62 for rules regarding packaging of containers (including cartons, coverings, and cases). See part 14 of this chapter for regulations pertaining to advertising materials.

(a) General. Mandatory information must appear in the English language, with the exception of the brand name and except as provided in paragraphs (c) and (d) of this section.

(b) Foreign languages. Additional statements in a foreign language, including translations of mandatory information that appears elsewhere in English on the label, are allowed on labels and containers as long as they do not in any way conflict with, or contradict, the requirements of this part.

(c) Distilled spirits for consumption in the Commonwealth of Puerto Rico. Mandatory information may be stated solely in the Spanish language on labels of distilled spirits bottled for consumption within the Commonwealth of Puerto Rico.

(d) Exception for country of origin statements. The country of origin statement for distilled spirits may appear in a language other than English when allowed by U.S. Customs and Border Protection regulations.

Information (other than mandatory information) that is truthful, accurate, and specific, and that does not violate subpart F, G, or H of this part, may appear on labels. Such additional information may not conflict with, modify, qualify or restrict mandatory information in any manner.

(a) Label. Certain information, as outlined in § 5 63, must appear on a label. When used in this part for purposes of determining where mandatory information must appear, the term “label” includes:

(1) Material affixed to the container, whether made of paper, plastic film, or other matter;

(2) For purposes of the net content statement only, information blown, embossed, or molded into the container as part of the process of manufacturing the container;

(3) Information etched, engraved, sandblasted, or otherwise carved into the surface of the container; and

(4) Information branded, stenciled, painted, printed, or otherwise directly applied on to the surface of the container.

(b) Information appearing elsewhere on the container. Information appearing on the following parts of the container is subject to all of the restrictions and prohibitions set forth in subparts F, G and H of this part, but will not satisfy any requirements for mandatory information that must appear on labels in this part:

(1) Material affixed to, or information appearing on, the bottom surface of the container;

(2) Caps, corks or other closures unless authorized to bear mandatory information by the appropriate TTB officer; and

(3) Foil or heat shrink bottle capsules.

(c) Materials not firmly affixed to the container. Any materials that accompany the container to the consumer but are not firmly affixed to the container, including booklets, leaflets, and hang tags, are not “labels” for purposes of this part. Such materials are instead subject to the advertising regulations in part 14 of this chapter.

(a) General. The term “packaging” includes any covering, carton, case, carrier, or other packaging of distilled spirits containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Prohibition. Any packaging of distilled spirits containers may not contain any statement, design, device, or graphic, pictorial, or emblematic representation that violates the provisions of subpart F, G, or H of this part.

(c) Requirements for closed packaging. If containers are enclosed in closed packaging, including sealed opaque coverings, cartons, cases, carriers, or other packaging used for sale at retail, such packaging must bear all mandatory label information required on the label under § 5.63.

(1) Packaging is considered closed if the consumer must open, rip, untie, unzip, or otherwise manipulate the package to remove the container in order to view any of the mandatory information.

(2) Packaging is not considered closed if a consumer could view all of the mandatory information on the container by merely lifting the container up, or if the packaging is transparent or designed in a way that all of the mandatory information can be easily read by the consumer without having to open, rip, untie, unzip, or otherwise manipulate the package.

(d) Packaging that is not closed. The following requirements apply to packaging that is not closed.

(1) The packaging may display any information that is not in conflict with the label on the container that is inside the packaging.

(2) If the packaging displays a brand name, it must display the brand name in its entirety. For example, if a brand name is required to be modified with additional information on the container, the packaging must also display the same modifying language.

(3) If the packaging displays a class or type designation, it must be identical to the class or type designation appearing on the container. For example, if the packaging displays a class or type designation for a brandy for which a truthful and adequate statement of composition is required on the container, the packaging must also include the statement of composition as well.

(e) Labeling of containers within the packaging. The container within the packaging is subject to all labeling requirements of this part, including mandatory labeling information requirements, regardless of whether the packaging bears such information.

(a) Mandatory information required to appear within the same field of vision. Distilled spirits containers must bear a label or labels (as defined in § 5.61) containing the following information within the same field of vision (which means a single side of a container (for a cylindrical container, a side is 40 percent of the circumference) where all of the pieces of information can be viewed simultaneously without the need to turn the container):

(1) Brand name, in accordance with § 5.64;

(2) Class, type, or other designation, in accordance with subpart I of this part; and

(3) Alcohol content, in accordance with § 5.65.

(b) Other mandatory information. Distilled spirits containers must bear a label or labels (as defined in § 5.61) anywhere on the container bearing the following information:

(1) Name and address of the bottler or distiller, in accordance with § 5.66, or the importer, in accordance with § 5.67 or § 5.68, as applicable; and

(2) Net contents (which may be blown, embossed, or molded into the container as part of the process of manufacturing the container), in accordance with § 5.68.

(c) Disclosure of certain ingredients, processes and other information. The following ingredients, processes, and other information must be disclosed on a label, without the inclusion of any additional information as part of the statement, as follows:

(1) Neutral spirits. The percentage of neutral spirits and the name of the commodity from which the neutral spirits were distilled, or in the case of continuously distilled neutral spirits or gin, the name of the commodity only, in accordance with § 5.70;

(2) Coloring or treatment with wood. Coloring or treatment with wood, in accordance with §§ 5.71 and 5.72;

(3) Age. A statement of age or age and percentage of type, when required or used, in accordance with § 5.73;

(4) State of distillation. State of distillation of any type of whisky defined in § 5.143(c)(2) through (c)(7), which is distilled in the United States, in accordance with § 5.66(f);

(5) FD&C Yellow No. 5. If a distilled spirit contains the coloring material FD&C Yellow No. 5, the label must include a statement to that effect, such as “FD&C Yellow No. 5” or “Contains FD&C Yellow No. 5”;

(6) Cochineal extract or carmine. If a distilled spirit contains the color additive cochineal extract or the color additive carmine, the label must include a statement to that effect, using the respective common or usual name (such as “contains cochineal extract” or “contains carmine”). This requirement applies to labels when either of the coloring materials was used in a distilled spirit that is removed from bottling premises or from customs custody on or after April 16, 2013;

(7) Sulfites. If a distilled spirit contains 10 or more parts per million of sulfur dioxide or other sulfiting agent measured as total sulfur dioxide, the label must include a statement to that effect. Examples of acceptable statements are “Contains sulfites” or “Contains (a) sulfiting agent(s)” or a statement identifying the specific sulfiting agent. The alternative terms “sulphites” or “sulphiting” may be used; and

(8) Aspartame. If the distilled spirit contains aspartame, the label must include the following statement, in capital letters, separate and apart from all other information: “PHENYLKETONURICS: CONTAINS PHENYLALANINE.”

(d) Distinctive liquor bottles. See § 5.205(b)(2) for exemption from placement requirements for certain mandatory information for distinctive liquor bottles.

(a) Requirement. The distilled spirits label must include a brand name. If the distilled spirits are not sold under a brand name, then the name of the bottler, distiller or importer, as applicable, appearing in the name and address statement is treated as the brand name.

(b) Misleading brand names. Labels may not include any misleading brand names. A brand name is misleading if it creates (by itself or in association with other printed or graphic matter) any erroneous impression or inference as to the age, origin, identity, or other characteristics of the distilled spirits. A brand name that would otherwise be misleading may be qualified with the word “brand” or with some other qualification, if the appropriate TTB officer determines that the qualification dispels any misleading impression that might otherwise be created.

(a) General. The alcohol content for distilled spirits must be stated on the label as a percentage of alcohol by volume. Products that contain a significant amount of material, such as solid fruit, that may absorb spirits after bottling must state the alcohol content at the time of bottling as follows: “Bottled at __ percent alcohol by volume.”

(b) How the alcohol content must be expressed. The following rules apply to statements of alcohol content.

(1) A statement of alcohol content must be expressed as a percentage of alcohol by volume and not by a range, or by maximums or minimums.

(i) In addition, the alcohol content in degrees of proof may be stated on a label as long as it appears immediately adjacent to the mandatory statement of alcohol content as a percentage of alcohol by volume. Additional statements of proof may appear on the label without being immediately adjacent to the mandatory alcohol by volume statement.

(ii) Other truthful, accurate, and specific factual representations of alcohol content, such as alcohol by weight, may be made, as long as they appear together with, and as part of, the statement of alcohol content as a percentage of alcohol by volume.

(2)(i) The alcohol content statement must be expressed in one of the following formats:

(A) “Alcohol __ percent by volume”;

(B) “__ percent alcohol by volume”; or

(C) “Alcohol by volume __ percent.”

(ii) Any of the words or symbols may be enclosed in parentheses and authorized abbreviations may be used with or without a period. The alcohol content statement does not have to appear with quotation marks.

(3) The statements listed in paragraph (b)(2)(i) of this section must appear as shown, except that the following abbreviations may be used: Alcohol may be abbreviated as “alc”; percent may be represented by the percent symbol “%”; alcohol and volume may be separated by a slash “/” in lieu of the word “by”; and volume may be abbreviated as “vol”.

(4) Examples. The following are examples of alcohol content statements that comply with the requirements of this part:

(i) “40% alc/vol”;

(ii) “Alc. 40 percent by vol.”;

(iii) “Alc 40% by vol”; and

(iv) “40% Alcohol by Volume.”

(c) Tolerances. A tolerance of plus or minus 0.3 percentage points is allowed for actual alcohol content that is above or below the labeled alcohol content.

(a) General. Domestically bottled distilled spirits that were wholly made in the United States and contain no imported distilled spirits must be labeled in accordance with this section. (See §§ 5.67 and 5.68 for name and address requirements applicable to distilled spirits that are not wholly made in the United States.) For purposes of this section, a “processor” who solely bottles the labeled distilled spirits will be considered the “bottler.”

(b) Form of statement. The bottler, distiller, or processor of the distilled spirits must be identified by a phrase describing the function performed by that person. If that person performs more than one function, the label may (but is not required to) so indicate.

(1) If the name of the bottler appears on the label, it must be preceded by a phrase such as “bottled by,” “canned by,” “packed by,” or “filled by,” followed by the name and address of the bottler.

(2) If the name of the processor appears on the label, it must be preceded by a phrase such as “blended by,” “made by,” “prepared by,” “produced by,” or “manufactured by,” as appropriate, followed by the name and address of the processor. When applied to distilled spirits, the term “produced by” indicates a processing operation (formerly known as rectification) that involves a change in the class or type of the product through the addition of flavors or some other processing activity.

(3) If the name of the distiller appears on the label, it must be preceded by a phrase such as “distilled by,” followed by the name and address of the distiller. If the distilled spirits were bottled for the distiller thereof, the name and address of the distiller may be preceded by a phrase such as “distilled by and bottled for,” or “bottled for.”

(c) Listing of more than one function. If different functions are performed by more than one person, statements on the label may not create the misleading impression that the different functions were performed by the same person.

(d) Form of address—(1) General. The address consists of the city and State where the operation occurred, or the city and State of the principal place of business of the person performing the operation. This information must be consistent with the information on the basic permit. Addresses may, but are not required to, include additional information such as street names, counties, zip codes, phone numbers, and website addresses. The postal abbreviation of the State name may be used; for example, California may be abbreviated as CA.

(2) More than one address. If the bottler, distiller, or processor listed on the name and address statement is the actual operator of more than one distilled spirits plant engaged in bottling, distilling, or processing operations, as applicable, the label may state, immediately following the name of the permittee, the addresses of those other plants, in addition to the address of the plant at which the distilled spirits were bottled. In this situation, the address where the operation occurred must be indicated on the label or on the container by printing, coding, or other markings.

(3) Principal place of business. The label may provide the address of the bottler's, distiller's, or processor's principal place of business, in lieu of the place where the bottling, distilling, or other operation occurred, provided that the address where the operation occurred is indicated on the label or on the container by printing, coding, or other markings.

(4) Distilled spirits bottled for another person. (i) If distilled spirits are bottled for another person, other than the actual distiller thereof, the label may state, in addition to (but not in place of) the name and address of the bottler, the name and address of such other person, immediately preceded by the words “bottled for” or another similar appropriate phrase. Such statements must clearly indicate the relationship between the two persons (for example, contract bottling).

(ii) If the same brand of distilled spirits is bottled by two distillers that are not under the same ownership, the label for each distiller may set forth both locations where bottling takes place, as long as the label uses the actual location (and not the principal place of business) and as long as the nature of the arrangement is clearly set forth.

(5) No additional places or addresses may be stated for the same person unless:

(i) That person is actively engaged in the conduct of an additional bona fide and actual alcohol beverage business at such additional place or address, and

(ii) The label also contains in direct conjunction therewith, appropriate descriptive material indicating the function occurring at such additional place or address in connection with the particular product (such as “distilled by.”)

(e) Special rule for straight whiskies. If “straight whiskies” (see § 5.143) of the same type are distilled in the same State by two or more different distillers and are combined (either at the time of bottling or at a warehouseman's bonded premises for further storage) and subsequently bottled and labeled as “straight whisky,” that “straight whisky” must bear a label that contains name and address information of the bottler. If that combined “straight whisky” is bottled by or for the distillers, in lieu of the name and address of the bottler, the label may contain the words “distilled by,” followed immediately by the names (or trade names) and addresses of the different distillers who distilled a portion of the “straight whisky” and the percentage of “straight whisky” distilled by each distiller, with a tolerance of plus or minus 2 percent. If “straight whisky” consists of a mixture of “straight whiskies” of the same type from two or more different distilleries of the same proprietor located within the same State, and if that “straight whisky” is bottled by or for that proprietor, in lieu of the name and address of the bottler, the “straight whisky” may bear a label containing the words “distilled by” followed by the name (or trade name) of the proprietor and the addresses of the different distilleries that distilled a portion of the “straight whisky.”

(f) State of distillation for whisky. (1) The State of distillation, which is the State in which original distillation takes place, must appear on the label of any type of whisky defined in § 5.143(c)(2) through (7), which is distilled in the United States. The State of distillation may appear on any label and must be shown in at least one of the following ways:

(i) By including a “distilled by” (or “distilled and bottled by” or any other phrase including the word “distilled”) statement as part of the mandatory name and address statement, followed by a single location.

(ii) By including the name of the State in which original distillation occurred immediately adjacent to the class or type designation (such as “Kentucky bourbon whisky”), as long as the product was both distilled and aged in that State in conformance with the requirements of § 5.143(b).

(iii) By including a separate statement, such as “Distilled in [name of State].”

(2) The appropriate TTB officer may require that the State of distillation or other information appear on a label of any whisky subject to the requirements of paragraph (f)(1) of this section (and may prescribe placement requirements for such information), even if that State appears in the name and address statement, if such additional information is necessary to negate any misleading or deceptive impression that might otherwise be created as regards the actual State of distillation.

(3) In the case of “light whisky,” the State name “Kentucky” or “Tennessee” may not appear on any label, except as a part of a name and address as specified in paragraph (a)(1), (2), or (4) of this section.

(g) Trade or operating names. (1) The name of the person appearing on the label may be the trade name or the operating name, as long as it is identical to a trade or operating name appearing on the basic permit. In the case of a distillation statement for spirits bottled in bond, the name or trade name under which the spirits were distilled must be shown.

(2) A trade name may be used only if the use of that name would not create a misleading impression as to the age, origin, or identity of the product. For example, if a distiller or bottler of the spirits authorizes the use of its trade name by another distiller or bottler that is not under the same ownership, that trade name may not be used on a label in a way that tends to mislead consumers as to the identity or location of the distiller or bottler.

(a) General. This section applies to distilled spirits that were bottled after importation. See § 5.68 for name and address requirements applicable to imported distilled spirits that were bottled after importation. See 19 CFR parts 102 and 134 for U.S. Customs and Border Protection country of origin marking requirements.

(b) Distilled spirits bottled after importation in the United States. Distilled spirits bottled, without further blending, making, preparing, producing, manufacturing, or distilling activities after importation, must bear one of the following name and address statements:

(1) The name and address of the bottler, preceded by the words “bottled by,” “canned by,” “packed by,” or “filled by”;

(2) If the distilled spirits were bottled for the person responsible for the importation, the words “imported by and bottled (canned, packed, or filled) in the United States for” (or a similar appropriate phrase) followed by the name and address of the principal place of business in the United States of the person responsible for the importation;

(3) If the distilled spirits were bottled by the person responsible for the importation, the words “imported by and bottled (canned, packed, or filled) in the United States by” (or a similar appropriate phrase) followed by the name and address of the principal place of business in the United States of the person responsible for the importation.

(c) Distilled spirits that were subject to blending or other production activities after importation. Distilled spirits that, after importation in bulk, were blended, made, prepared, produced, manufactured or further distilled, may not bear an “imported by” statement on the label, but must instead be labeled in accordance with the rules set forth in § 5.66 for mandatory and optional labeling statements.

(d) Optional statements. In addition to the statements required by paragraph (a)(1) of this section, the label may also state the name and address of the principal place of business of the foreign producer.

(e) Form of address. (1) The address consists of the city and State where the operation occurred, or the city and State of the principal place of business of the person performing the operation. This information must be consistent with the information on the basic permit. Addresses may, but are not required to, include additional information such as street names, counties, zip codes, phone numbers, and website addresses.

(2) If the bottler or processor listed on the name and address statement is the actual operator of more than one distilled spirits plant engaged in bottling, distilling, or processing operations, as applicable the label may state, immediately following the name of the bottler, the addresses of those other plants, in addition to the address of the plant at which the distilled spirits were bottled. In this situation, the address where the operation occurred must be indicated on the label or on the container by printing, coding, or other markings.

(3) Principal place of business. The label may provide the address of the bottler's or processor's principal place of business, in lieu of the place where the bottling, distilling, or other operation occurred, provided that the address where the operation occurred is indicated on the label or on the container by printing, coding, or other markings.

(f) Trade or operating names. A trade name may be used if the trade name is listed on the basic permit or other qualifying documentation and if its use on the label would not create any misleading impression as to the age, origin, or identity of the product.

(a) General. This section applies to distilled spirits that were imported in a container, as defined in § 5.1. See § 5.67 for name and address requirements applicable to distilled spirits that were domestically bottled after importation. See 19 CFR parts 102 and 134 for U.S. Customs and Border Protection country of origin marking requirements.

(b) Mandatory labeling statement. Distilled spirits imported in containers, as defined in § 5.1, must bear a label stating the words “imported by” or a similar appropriate phrase, followed by the name and address of the importer.

(1) For purposes of this section, the importer is the holder of the importer's basic permit who either makes the original Customs entry or is the person for whom such entry is made, or the holder of the importer's basic permit who is the agent, distributor, or franchise holder for the particular brand of imported alcohol beverages and who places the order abroad.

(2) The address of the importer must be stated as the city and State of the principal place of business and must be consistent with the address reflected on the importer's basic permit. Addresses may, but are not required to, include additional information such as street names, counties, zip codes, phone numbers, and website addresses. The postal abbreviation of the State name may be used; for example, California may be abbreviated as CA.

(c) Optional statements. In addition to the statements required by paragraph (b)(1) of this section, the label may also state the name and address of the principal place of business of the foreign producer.

(d) Form of address. The “place” stated must be the city and State, shown on the basic permit or other qualifying document, of the premises at which the operations took place; and the place for each operation that is designated on the label must be shown.

(e) Trade or operating names. A trade name may be used if the trade name is listed on the basic permit or other qualifying documentation and if its use on the label would not create any misleading impression as to the age, origin, or identity of the product.

(a) Pursuant to U.S. Customs and Border Protection (CBP) regulations at 19 CFR parts 102 and 134, a country of origin statement must appear on the container of distilled spirits imported in containers or bottled in the United States after importation. Labeling statements with regard to the country of origin must be consistent with CBP regulations. The determination of the country (or countries) of origin, for imported wines, as well as for blends of imported distilled spirits with domestically produced distilled spirits, must comply with CBP regulations.

(b) It is the responsibility of the importer or bottler, as appropriate, to ensure compliance with the country of origin marking requirement, both when distilled spirits are imported in containers and when imported distilled spirits are subject to bottling, blending, or production activities in the United States. Industry members may seek a ruling from CBP for a determination of the country of origin for their product.

The requirements of this section apply to the net contents statement required by § 5.63.

(a) General. The volume of spirits in the container must appear on a label as a net contents statement. The net contents for the external container of an aggregate package must be stated as specified in § 5.204. The word “liter” may be alternatively spelled “litre” or may be abbreviated as “L”. The word “milliliters” may be abbreviated as “ml.,” “mL.,” or “ML.” Net contents in U.S. equivalents and in metric equivalents such as centiliters may appear on a label and, if used, must appear in the same field of vision as the metric net contents statement.

(b) Tolerances. (1) The following tolerances are permissible for purposes of applying paragraph (a) of this section:

(i) Errors in measuring. Discrepancies due to errors in measuring that occur in filling conducted in compliance with good commercial practice;

(ii) Differences in capacity. Discrepancies due exclusively to differences in the capacity of containers, resulting solely from unavoidable difficulties in manufacturing the containers so as to be of uniform capacity, provided that the discrepancy does not result from a container design that prevents the manufacture of containers of an approximately uniform capacity; and

(iii) Differences in atmospheric conditions. Discrepancies in measure due to differences in atmospheric conditions in various places, including discrepancies resulting from the ordinary and customary exposure of alcohol beverage products in containers to evaporation, provided that the discrepancy is determined to be reasonable on a case by case basis.

(2) Shortages and overages. A contents shortage in certain of the containers in a shipment may not be counted against a contents overage in other containers in the same shipment for purposes of determining compliance with the requirements of this section.

(a) In the case of distilled spirits (other than cordials, liqueurs, flavored neutral spirits, including flavored vodka, and distilled spirits specialty products) manufactured by blending or other processing, if neutral spirits were used in the production of the spirits, the percentage of neutral spirits so used and the name of the commodity from which the neutral spirits were distilled must appear on a label. The statement of percentage and the name of the commodity must be in substantially the following form: “__% neutral spirits distilled from ____ (insert grain, cane products, fruit, or other commodity as appropriate)”; or “__% neutral spirits (vodka) distilled from ____ (insert grain, cane products, fruit, or other commodity as appropriate)”; or “__% (grain) (cane products), (fruit) neutral spirits”, or “__% grain spirits.”

(b) In the case of gin manufactured by a process of continuous distillation or in the case of neutral spirits, a label on the container must state the name of the commodity from which the gin or neutral spirits were distilled. The statement of the name of the commodity must appear in substantially the following form: “Distilled from grain” or “Distilled from cane products”.

The words “artificially colored” must appear on a label of any distilled spirits product containing synthetic or natural materials that primarily contribute color, or when information on a label conveys the impression that a color was derived from a source other than the actual source of the color, except that:

(a) If no coloring material other than a color exempt from certification under FDA regulations has been added, a truthful statement of the source of the color may appear in lieu of the words “artificially colored,” for example, “Contains Beta Carotene” or “Colored with beet extract.” See 21 CFR parts 73 and 74 for the list of such colors under Food and Drug Administration (FDA) regulations;

(b) If no coloring material has been added other than one certified as suitable for use in foods by the FDA, the words “(to be filled in with name of) certified color added” or “Contains Certified Color” may appear in lieu of the words “artificially colored”; and

(c) If no coloring material other than caramel has been added, the words “colored with caramel,” “contains caramel color,” or another statement specifying the use of caramel color, may appear in lieu of the words “artificially colored.” However, no statement of any type is required for the use of caramel color in brandy, rum, or Tequila, or in any type of whisky other than straight whisky if used at not more than 21/2 percent by volume of the finished product.

(d) As provided in § 5.61, the use of FD&C Yellow No. 5, carmine, or cochineal extract must be specifically stated on the label even if the label also contains a phrase such as “contains certified color” or “artificially colored.”

The words “colored and flavored with wood ___” (inserting “chips,” “slabs,” etc., as appropriate) must appear immediately adjacent to, and in the same size of type as, the class and type designation under subpart I of this part for whisky and brandy treated, in whole or in part, with wood through percolation or otherwise during distillation or storage, other than through contact with an oak barrel. However, the statement specified in this section is not required in the case of brandy treated with an infusion of oak chips in accordance with § 5.155(b)(3)(B).

(a) General. (1) As defined in § 5.1, age is the length of time during which, after distillation and before bottling, the distilled spirits have been stored in oak barrels in such a manner that chemical changes take place as a result of direct contact with the wood. For bourbon whisky, rye whisky, wheat whisky, malt whisky, or rye malt whisky, and straight whiskies other than straight corn whisky, aging must occur in charred new oak barrels.

(2) If an age statement is used, it is permissible to understate the age of a product, but overstatements of age are prohibited. However, the age statement may not conflict with the standard of identity, if aging is required as part of the standard of identity. For example, the standard of identity for straight rye whisky requires that the whisky be aged for a minimum of 2 years, so the age statement “Aged 1 year,” would be prohibited, even if the spirits were actually aged for more than 2 years, because it is inconsistent with the standard of identity.

(3) If spirits are aged in more than one oak barrel (for example, if a whisky is aged 2 years in a new charred oak barrel and then placed into a second new charred oak barrel for an additional 6 months,) only the time spent in the first barrel is counted towards the “age.”

(4) The age may be stated in years, months, or days.

(b) Age statements and percentage of type statements for whisky. For all domestic or foreign whiskies that are aged less than four years, including blends containing a whisky that is aged less than four years, an age statement and percentage of types of whisky statement is required to appear on a label, unless the whisky is labeled as “bottled in bond” in conformity with § 5.88. For all other whiskies, the statements are optional, but if used, they must conform to the formatting requirements listed below. Moreover, if the bottler chooses to include a statement of age or percentage on the label of a product that is four years old or more and that contains neutral spirits, the statement must appear immediately adjacent to the neutral spirits statement required by § 5.70. The following are the allowable formats for the age and percentage statements for whisky:

(1) In the case of whisky, whether or not mixed or blended but containing no neutral spirits, the age of the youngest whisky in the product. The age statement must appear substantially as follows: “__ years old”;

(2) In the case of whisky containing neutral spirits, whether or not mixed or blended, if any straight whisky or other whisky in the product is less than 4 years old, the percentage by volume of each such whisky and the age of each such whisky (the age of the youngest of the straight whiskies or other whiskies if the product contains two or more of either). The age and percentage statement for a straight whisky and other whisky must appear immediately adjacent to the neutral spirits statement required by § 5.70 and must read substantially as follows:

(i) If the product contains only one straight whisky and no other whisky: “__ percent straight whisky __ years old;”

(ii) If the product contains more than one straight whisky but no other whisky: “__ percent straight whiskies __ years or more old.” In this case the age blank must state the age of the youngest straight whisky in the product. However, in lieu of the foregoing statement, the following statement may appear on the label: “__ percent straight whisky __ years old, __ percent straight whisky __ years old, and __ percent straight whisky __ years old”;

(iii) If the product contains only one straight whisky and one other whisky: “__ percent straight whisky __ years old, __ percent whisky __ years old”; or

(iv) If the product contains more than one straight whisky and more than one other whisky: “__ percent straight whiskies __ years or more old, __ percent whiskies __ years or more old.” In this case, the age blanks must state the age of the youngest straight whisky and the age of the youngest other whisky. However, in lieu of the foregoing statement, the following statement may appear on the label: “__ percent straight whisky __ years old, __ percent straight whisky __ years old, __ percent whisky __ years old, and __ percent whisky __ years old”;

(3) In the case of an imported rye whisky, wheat whisky, malt whisky, or rye malt whisky, a label on the product must state each age and percentage in the manner and form that would be required if the whisky had been made in the United States;

(4) In the case of whisky made in the United States and stored in reused oak barrels, other than corn whisky, white whisky, unaged whisky, and light whisky, in lieu of the words “__ years old” specified in paragraphs (b)(1) and (b)(2) of this section, the period of storage in the reused oak barrels must appear on the label as follows: “stored __ years in reused cooperage;”

(5) In the case of white whisky that is not aged, the statement must appear as follows: “unaged,” “not aged,” or a similar statement. The designation “unaged whisky” satisfies this requirement.

(c) Statements of age for rum, brandy, and agave spirits. A statement of age on labels of rums, brandies, and agave spirits is optional, except that, in the case of brandy (other than immature brandies, fruit brandies, marc brandy, pomace brandy, Pisco brandy, and grappa brandy, which are not customarily stored in oak barrels) not stored in oak barrels for a period of at least two years, a statement of age must appear on the label. Any statement of age authorized or required under this paragraph must appear substantially as follows: “__ years old,” with the blank to be filled in with the age of the youngest distilled spirits in the product.

(d) Statement of storage for grain spirits. In the case of grain spirits, the period of storage in oak barrels may appear on a label immediately adjacent to the percentage statement required under § 5.73 of this part, for example: “__% grain spirits stored __ years in oak barrels.”

(e) Other distilled spirits. (1) Statements regarding age or maturity or similar statements or representations on labels for all other spirits, except neutral spirits, are permitted only when the distilled spirits are stored in an oak barrel and, once dumped from the barrel, subjected to no treatment besides mixing with water, filtering, and bottling. If batches are made from barrels of spirits of different ages, the label may only state the age of the youngest spirits.

(2) Statements regarding age or maturity or similar statements of neutral spirits (except for grain spirits as stated in paragraph (c) of this section) are prohibited from appearing on any label.

(f) Other age representations. (1) If a representation that is similar to an age or maturity statement permitted under this section appears on a label, a statement of age, in a manner that is conspicuous and in characters at least half the type size of the representation, must also appear on each label that carries the representation, except in the following cases:

(i) The use of the word “old” or another word denoting age as part of the brand name of the product is not deemed to be an age representation that requires a statement of age; and

(ii) Labels of whiskies and brandies (other than immature brandies, pomace brandy, marc brandy, Pisco brandy, and grappa brandy) not required to bear a statement of age, and rum and agave spirits aged for not less than four years, may contain general inconspicuous age, maturity or similar representations without the label having to bear an age statement.

(2) Distillation dates (which may be an exact date or a year) may appear on a label of spirits where the spirits are manufactured solely through distillation. A distillation date may only appear if an optional or mandatory age statement is used on the label and must appear in the same field of vision as the age statement.

(a) Application. The labeling practices, statements, and representations in this subpart may be used on distilled spirits labels only when used in compliance with this subpart. In addition, if any of the practices, statements, or representations in this subpart are used elsewhere on containers or in packaging, they must comply with the requirements of this subpart. For purposes of this subpart:

(1) The term “label” includes all labels on distilled spirits containers on which mandatory information may appear, as set forth in § 5.61(a), as well as any other label on the container.

(2) The term “container” includes all parts of the distilled spirits container, including any part of a distilled spirits container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 5.61(b).

(3) The term “packaging” includes any carton, case, carrier, individual covering or other packaging of such containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Statement or representation. For purposes of the practices in this subpart, the term “statement or representation” includes any statement, design, device, or representation, and includes pictorial or graphic designs or representations as well as written ones. The term “statement or representation” includes explicit and implicit statements and representations.

Food Allergen Labeling

(a) Definitions. For purposes of this section, the following terms or phrases have the meanings indicated.

(1) Major food allergen means any of the following:

(i) Milk, egg, fish (for example, bass, flounder, or cod), Crustacean shellfish (for example, crab, lobster, or shrimp), tree nuts (for example, almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or

(ii) A food ingredient that contains protein derived from a food specified in paragraph (a)(1)(i) of this section, except:

(A) Any highly refined oil derived from a food specified in paragraph (a)(1)(i) of this section and any ingredient derived from such highly refined oil; or

(B) A food ingredient that is exempt from major food allergen labeling requirements pursuant to a petition for exemption approved by the Food and Drug Administration (FDA) under 21 U.S.C. 343(w)(6) or pursuant to a notice submitted to FDA under 21 U.S.C. 343(w)(7), provided that the food ingredient meets the terms or conditions, if any, specified for that exemption.

(2) Name of the food source from which each major food allergen is derived. “Name of the food source from which each major food allergen is derived” means the name of the food as listed in paragraph (a)(1)(i) of this section, except that:

(i) In the case of a tree nut, it means the name of the specific type of nut (for example, almonds, pecans, or walnuts); and

(ii) In the case of Crustacean shellfish, it means the name of the species of Crustacean shellfish (for example, crab, lobster, or shrimp); and

(iii) The names “egg” and “peanuts,” as well as the names of the different types of tree nuts, may be expressed in either the singular or plural form, and the name “soy,” “soybean,” or “soya” may be used instead of “soybeans.”

(b) Voluntary labeling standards. Major food allergens used in the production of a distilled spirits product may, on a voluntary basis, be declared on any label affixed to the container. However, if any one major food allergen is voluntarily declared, all major food allergens used in production of the distilled spirits product, including major food allergens used as fining or processing agents, must be declared, except when covered by a petition for exemption approved by the appropriate TTB officer under § 5.83. The major food allergens declaration must consist of the word “Contains” followed by a colon and the name of the food source from which each major food allergen is derived (for example, “Contains: egg”).

(a) Submission of petition. Any person may petition the appropriate TTB officer to exempt a particular product or class of products from the labeling requirements of § 5.82. The burden is on the petitioner to provide scientific evidence (as well as the analytical method used to produce the evidence) that demonstrates that the finished product or class of products, as derived by the method specified in the petition, either:

(1) Does not cause an allergic response that poses a risk to human health; or

(2) Does not contain allergenic protein derived from one of the foods identified in § 5.82(a)(1)(i), even though a major food allergen was used in production.

(b) Decision on petition. TTB will approve or deny a petition for exemption submitted under paragraph (a) of this section in writing within 180 days of receipt of the petition. If TTB does not provide a written response to the petitioner within that 180-day period, the petition will be deemed denied, unless an extension of time for decision is mutually agreed upon by the appropriate TTB officer and the petitioner. TTB may confer with the Food and Drug Administration (FDA) on petitions for exemption, as appropriate and as FDA resources permit. TTB may require the submission of product samples and other additional information in support of a petition; however, unless required by TTB, the submission of samples or additional information by the petitioner after submission of the petition will be treated as the withdrawal of the initial petition and the submission of a new petition. An approval or denial under this section will constitute final agency action.

(c) Resubmission of a petition. After a petition for exemption is denied under this section, the petitioner may resubmit the petition along with supporting materials for reconsideration at any time. TTB will treat this submission as a new petition.

(d) Availability of information—(1) General. TTB will promptly post to its website ( https://www.ttb.gov ) all petitions received under this section, as well as TTB's responses to those petitions. Any information submitted in support of the petition that is not posted to the TTB website will be available to the public pursuant to the Freedom of Information Act, at 5 U.S.C. 552, except where a request for confidential treatment is granted under paragraph (d)(2) of this section.

(2) Requests for confidential treatment of business information. A person who provides trade secrets or other commercial or financial information in connection with a petition for exemption under this section may request that TTB give confidential treatment to that information. A failure to request confidential treatment at the time the information in question is submitted to TTB will constitute a waiver of confidential treatment. A request for confidential treatment of information under this section must conform to the following standards:

(i) The request must be in writing;

(ii) The request must clearly identify the information to be kept confidential;

(iii) The request must relate to information that constitutes trade secrets or other confidential commercial or financial information regarding the business transactions of an interested person, the disclosure of which would cause substantial harm to the competitive position of that person;

(iv) The request must set forth the reasons why the information should not be disclosed, including the reasons why the disclosure of the information would prejudice the competitive position of the interested person; and

(v) The request must be supported by a signed statement by the interested person, or by an authorized officer or employee of that person, certifying that the information in question is a trade secret or other confidential commercial or financial information and that the information is not already in the public domain.

Production Claims

Use of the term “organic” is permitted if any such use complies with United States Department of Agriculture (USDA) National Organic Program rules (7 CFR part 205), as interpreted by the USDA.

Statements related to environmental or sustainable agricultural practices, social justice principles, and other similar statements (such as, “Produced using 100% solar energy” or “Carbon Neutral”) may appear as long as the statements are truthful, specific and not misleading. Statements or logos indicating environmental, sustainable agricultural, or social justice certification (such as, “Biodyvin,” “Salmon-Safe,” or “Fair Trade Certified”) may appear on distilled spirits that are actually certified by the appropriate organization.

Other Label Terms

(a) The term “barrel proof” or “cask strength” may be used to refer to distilled spirits stored in wood barrels only when the bottling proof is not more than two degrees lower than the proof of the spirits when the spirits are dumped from the barrels.

(b) The term “original proof,” “original barrel proof,” “original cask strength,” or “entry proof” may be used only if the distilled spirits were stored in wooden barrels and the proof of the spirits entered into the barrel and the proof of the bottled spirits are the same.

(a) The term “bond,” “bonded,” “bottled in bond,” or “aged in bond,” or phrases containing these or synonymous terms, may be used (including as part of the brand name) only if the distilled spirits are:

(1) Composed of the same kind (type, if one is applicable to the spirits, otherwise class) of spirits distilled from the same class of materials;

(2) Distilled in the same distilling season (as defined in § 5.1) by the same distiller at the same distillery.

(3) Stored for at least four years in wooden barrels wherein the spirits have been in contact with the wood surface, except for gin and vodka, which must be stored for at least four years in wooden barrels coated or lined with paraffin or other substance which will preclude contact of the spirits with the wood surface;

(4) Unaltered from their original condition or character by the addition or subtraction of any substance other than by filtration, chill proofing, or other physical treatments (which do not involve the addition of any substance which will remain in the finished product or result in a change in class or type);

(5) Reduced in proof by the addition of only pure water to 50 percent alcohol by volume (100 degrees of proof); and

(6) Bottled at 50 percent alcohol by volume (100 degrees of proof).

(b) Imported spirits labeled as “bottled in bond” or other synonymous term described above must be manufactured in accordance with paragraphs (a)(1) through (6) of this section and may only be so labeled if the laws and regulations of the country in which the spirits are manufactured authorize the bottling of spirits in bond and require or specifically authorize such spirits to be so labeled. The “bottled in bond” or synonymous statement must be immediately followed, in the same font and type size, by the name of the country under whose laws and regulations such distilled spirits were so bottled.

(c) Domestically manufactured spirits labeled as “bottled in bond” or with some other synonymous statement must bear the real name of the distillery or the trade name under which the distiller distilled and warehoused the spirits, and the number of the distilled spirits plant in which distilled, and the number of the distilled spirits plant in which bottled. The label may also bear the name or trade name of the bottler.

(a) Truthful statements about the number of distillations, such as “double distilled,” “distilled three times,” or similar terms to convey multiple distillations, may be used; except that only additional distillations beyond those required to meet the product's production standards may be counted as additional distillations. For example, if in order to meet the production standards for vodka (which requires the spirits reach an alcohol content level of at least 95 percent), a particular product must be distilled three times, and then the vodka is distilled two more times, that vodka could be labeled as “triple distilled.” For the purposes of this section only, the term “distillation” means a single run through a pot still or a single run through a column of a column (reflux) still. For example, if a column still has three separate columns, one complete additional run through the system would constitute three additional distillations.

(b) The number of distillations may be understated but may not be overstated.

(a) The words “Scotch,” “Scots,” “Highland,” or “Highlands,” and similar words connoting, indicating, or commonly associated with Scotland, may only be used to designate distilled spirits wholly manufactured in Scotland, except that the term “Scotch whisky” may appear in the designation for a flavored spirit (“Flavored Scotch Whisky”) or in a truthful statement of composition (“Scotch whisky with natural flavors”) where the base distilled spirit meets the requirements for a Scotch whisky designation, regardless of where the finished product is manufactured.

(b) In accordance with § 5.127, statements relating to government supervision may appear on Scotch whisky containers only if such labeling statements are required or specifically authorized by the applicable regulations of the United Kingdom.

Distilled spirits labels, containers, or packaging may not bear the word “pure” unless it:

(a) Refers to a particular ingredient used in the production of the distilled spirits, and is a truthful representation about that ingredient;

(b) Is part of the bona fide name of a permittee or retailer for which the distilled spirits are bottled; or

(c) Is part of the bona fide name of the permittee that bottled the distilled spirits.

(a) Application. The prohibitions set forth in this subpart apply to any distilled spirits label, container, or packaging. For purposes of this subpart:

(1) The term “label” includes all labels on distilled spirits containers on which mandatory information may appear, as set forth in § 5.61(a), as well as any other label on the container;

(2) The term “container” includes all parts of the distilled spirits container, including any part of a distilled spirits container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 5.61(b); and

(3) The term “packaging” includes any carton, case, carrier, individual covering or other packaging of such containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Statement or representation. For purposes of the prohibited practices in this subpart, the term “statement or representation” includes any statement, design, device, or representation, and includes pictorial or graphic designs or representations as well as written ones. The term “statement or representation” includes explicit and implicit statements and representations.

Distilled spirits labels, containers, or packaging may not contain any statement or representation that is false or untrue in any particular.

Distilled spirits labels, containers, or packaging may not contain any statement, design, device, picture, or representation that is obscene or indecent.

(a) Application. The labeling practices that are prohibited if misleading set forth in this subpart apply to any distilled spirits label, container, or packaging. For purposes of this subpart:

(1) The term “label” includes all labels on distilled spirits containers on which mandatory information may appear, as set forth in § 5.61(a), as well as any other label on the container;

(2) The term “container” includes all parts of the distilled spirits container, including any part of a distilled spirits container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 5.61(b); and

(3) The term “packaging” includes any carton, case, carrier, individual covering or other packaging of such containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Statement or representation. For purposes of this subpart, the term “statement or representation” includes any statement, design, device, or representation, and includes pictorial or graphic designs or representations as well as written ones. The term “statement or representation” includes explicit and implicit statements and representations.

(a) General prohibition. Distilled spirits labels, containers, or packaging may not contain any statement or representation, irrespective of falsity, that is misleading to consumers as to the age, origin, identity, or other characteristics of the distilled spirits, or with regard to any other material factor.

(b) Ways in which statements or representations may be misleading. (1) A statement or representation is prohibited, irrespective of falsity, if it directly creates a misleading impression, or if it does so indirectly through ambiguity, omission, inference, or by the addition of irrelevant, scientific, or technical matter. For example, an otherwise truthful statement may be misleading because of the omission of material information, the disclosure of which is necessary to prevent the statement from being misleading.

(2) As set forth in § 5.212(b), all claims, whether implicit or explicit, must have a reasonable basis in fact. Any claim on distilled spirits labels, containers, or packaging that does not have a reasonable basis in fact, or cannot be adequately substantiated upon the request of the appropriate TTB officer, is considered misleading.

Distilled spirits labels, containers, or packaging may not contain any statement relating to guarantees if the appropriate TTB officer finds it is likely to mislead the consumer. However, money-back guarantees are not prohibited.

(a) General. Distilled spirits labels, containers, or packaging may not contain any false or misleading statement that explicitly or implicitly disparages a competitor's product.

(b) Examples. (1) An example of an explicit statement that falsely disparages a competitor's product is “Brand X is not aged in oak barrels,” when such statement is not true.

(2) An example of an implicit statement that disparages competitors' products in a misleading fashion is “We do not add arsenic to our distilled spirits,” when such a claim may lead consumers to falsely believe that other distillers do add arsenic to their distilled spirits.

(c) Truthful and accurate comparisons. This section does not prevent truthful and accurate comparisons between products (such as, “Our liqueur contains more strawberries than Brand X”) or statements of opinion (such as, “We think our rum tastes better than any other distilled spirits on the market”).

Distilled spirits labels, containers, or packaging may not contain any statement or representation of or relating to analyses, standards, or tests, whether or not it is true, that is likely to mislead the consumer. An example of such a misleading statement is “tested and approved by our research laboratories” if the testing and approval does not in fact have any significance.

(a) Representations of the armed forces and flags. Distilled spirits labels, containers, or packaging may not show an image of any government's flag or any representation related to the armed forces of the United States if the representation, standing alone or considered together with any additional language or symbols on the label, creates a false or misleading impression that the product was endorsed by, made by, used by, or made under the supervision of, the government represented by that flag or the armed forces of the United States. This section does not prohibit the use of a flag as part of a claim of American origin or another country of origin.

(b) Government seals. Distilled spirits labels, containers, or packaging may not contain any government seal or other insignia that is likely to create a false or misleading impression that the product has been endorsed by, made by, used by, or made for, or under the supervision of, or in accordance with the specification of, that government. Seals required or specifically authorized by applicable law or regulations and used in accordance with such law or regulations are not prohibited.

Distilled spirits labels, containers, or packaging may not contain any statements, images, and designs that mislead consumers to believe that the distilled spirits are manufactured or processed under government authority. Distilled spirits labels, containers, or packaging may not contain images or designs resembling a stamp of the U.S. Government or any State or foreign government, other than stamps authorized or required by this or any other government, and may not contain statements or indications that the distilled spirits are distilled, blended, bottled, packed or sold under, or in accordance with, any municipal, State, Federal, or foreign authorization, law, or regulations, unless such statement is required or specifically authorized by applicable law or regulation. If a municipal, State, or Federal Government permit number is stated on distilled spirits labels, containers, or packaging, it may not be accompanied by any additional statement relating to that permit number.

(a) General. Except as provided in paragraph (b) of this section, no label, carton, case, or any other packaging material may contain a statement, design, or representation that tends to create a false or misleading impression that the distilled spirits product is a wine or malt beverage product, or that it contains wine or malt beverages. For example, the use of the name of a class or type designation of a wine or malt beverage product, as set forth in parts 4 or 7 of this chapter, is prohibited, if the use of that name creates a misleading impression as to the identity of the product. Homophones or coined words that simulate or imitate a class or type designation are also prohibited.

(b) Exceptions. This section does not prohibit:

(1) A truthful and accurate statement of alcohol content;

(2) The use of a brand name of a wine or malt beverage product as a distilled spirits product brand name, provided that the overall label does not create a misleading impression as to the identity of the product;

(3) The use of a wine or malt beverage cocktail name as a brand name or a distinctive or fanciful name of a distilled spirits product, provided that a statement of composition, in accordance with § 5.166, appears in the same field of vision as the brand name or the distinctive or fanciful name and the overall label does not create a misleading impression about the identity of the product;

(4) The use of truthful and accurate statements about the production of the distilled spirits product, as part of a statement of composition or otherwise, such as “flavored with chardonnay grapes,” so long as such statements do not create a misleading impression as to the identity of the product; or

(5) The use of terms that simply compare distilled spirits products to wine or malt beverages without creating a misleading impression as to the identity of the product.

(a) Definitions. When used in this section, the following terms have the meaning indicated:

(1) Health-related statement means any statement related to health (other than the warning statement required under part 16 of this chapter) and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of alcohol, distilled spirits, or any substance found within the distilled spirits product, and health benefits or effects on health. The term includes both specific health claims and general references to alleged health benefits or effects on health associated with the consumption of alcohol, distilled spirits, or any substance found within the distilled spirits, as well as health-related directional statements. The term also includes statements and claims that imply that a physical or psychological sensation results from consuming the distilled spirits, as well as statements and claims of nutritional value (for example, statements of vitamin content).

(2) Specific health claim means a type of health-related statement that, expressly or by implication, characterizes the relationship of distilled spirits, alcohol, or any substance found within the distilled spirits, to a disease or health-related condition. Implied specific health claims include statements, symbols, vignettes, or other forms of communication that suggest, within the context in which they are presented, that a relationship exists between alcohol, distilled spirits, or any substance found within the distilled spirits, and a disease or health-related condition.

(3) Health-related directional statement means a type of health-related statement that directs or refers consumers to a third party or other source for information regarding the effects on health of distilled spirits or alcohol consumption.

(b) Rules for labeling—(1) Health-related statements. In general, distilled spirits may not contain any health-related statement that is untrue in any particular or tends to create a misleading impression as to the effects on health of alcohol consumption. TTB will evaluate such statements on a case-by-case basis and may require as part of the health-related statement a disclaimer or some other qualifying statement to dispel any misleading impression conveyed by the health-related statement.

(2) Specific health claims. (i) TTB will consult with the Food and Drug Administration (FDA), as needed, on the use of a specific health claim on the distilled spirits. If FDA determines that the use of such a labeling claim is a drug claim that is not in compliance with the requirements of the Federal Food, Drug, and Cosmetic Act, TTB will not approve the use of that specific health claim on the distilled spirits.

(ii) TTB will approve the use of a specific health claim on a distilled spirits label only if the claim is truthful and adequately substantiated by scientific or medical evidence; is sufficiently detailed and qualified with respect to the categories of individuals to whom the claim applies; adequately discloses the health risks associated with both moderate and heavier levels of alcohol consumption; and outlines the categories of individuals for whom any levels of alcohol consumption may cause health risks. This information must appear as part of the specific health claim.

(3) Health-related directional statements. A health-related directional statement is presumed misleading unless it:

(i) Directs consumers in a neutral or other non-misleading manner to a third party or other source for balanced information regarding the effects on health of distilled spirits or alcohol consumption; and

(ii)(A) Includes as part of the health-related directional statement the following disclaimer: “This statement should not encourage you to drink or to increase your alcohol consumption for health reasons;” or

(B) Includes as part of the health-related directional statement some other qualifying statement that the appropriate TTB officer finds is sufficient to dispel any misleading impression conveyed by the health-related directional statement.

(a) General. Distilled spirits labels, containers, or packaging may not include the name, or the simulation or abbreviation of the name, of any living individual of public prominence, or an existing private or public organization, or any graphic, pictorial, or emblematic representation of the individual or organization, if its use is likely to lead a consumer to falsely 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, such individual or organization. This section does not prohibit the use of such names where the individual or organization has provided authorization for their use.

(b) Documentation. The appropriate TTB officer may request documentation from the bottler or importer to establish that the person or organization has provided authorization to use the name of that person or organization.

(c) Disclaimers. Statements or other representations do not violate this section if, taken as a whole, they create no misleading impression as to an implied endorsement either because of the context in which they are presented or because of the use of an adequate disclaimer.

(a) General. Distilled spirits are divided, for labeling purposes, into classes, which are further divided into specific types. As set forth in § 5.63, a distilled spirits product label must bear the appropriate class, type or other designation. The standards that define the classes and types are known as the “standards of identity.” The classes and types of distilled spirits set forth in this subpart apply only to distilled spirits for beverage or other nonindustrial purposes.

(b) Rules. (1) Unless otherwise specified, when a standard of identity states that a mash is of a particular ingredient (such as “fermented mash of grain”), the mash must be made entirely of that ingredient without the addition of other fermentable ingredients.

(2) Where an intermediate product is used to manufacture a distilled spirits product, the components of that intermediate product are considered as being directly added to the finished product for purposes of determining the class or type of the finished product and for any applicable limitations or statements of composition.

(3) Some distilled spirits products may conform to the standards of identity of more than one class. Such products may be designated with any class designation defined in this subpart to which the products conform.

(c) Designating with both class and type. If a product is designated with both the class and the type, the class and type must be in the same type size and in the same field of vision.

(d) Words in a designation. All words in a designation must be in the same type size and must appear together.

(a) The class neutral spirits. “Neutral spirits” or “alcohol” are distilled spirits distilled from any suitable material at or above 95 percent alcohol by volume (190° proof), and, if bottled, bottled at not less than 40 percent alcohol by volume (80° proof). The source material may, but need not, appear in the class designation (for example, “Apple Neutral Spirits” or “Grain Neutral Spirits”). Neutral spirits other than the type “grain spirits” may be designated as “neutral spirits” or “alcohol” on a label. Neutral spirits other than the type “grain spirits” that are stored in wood barrels may not be aged in wood barrels at any time.

(b) Types. The following chart lists the types of neutral spirits and the rules that apply to the type designation.

(a) The class whisky. “Whisky” or “whiskey” is distilled spirits that is an alcoholic distillate from a fermented mash of any grain distilled at less than 95 percent alcohol by volume (190° proof) having the taste, aroma, and characteristics generally attributed to whisky, stored in oak barrels (except that corn whisky, white whisky, and unaged whisky need not be so stored), and bottled at not less than 40 percent alcohol by volume (80° proof), and also includes mixtures of such distillates for which no specific standards of identity are prescribed.

(b) Label designations. The word whisky may be spelled as either “whisky” or “whiskey”. Whisky conforming to one of the types of whisky defined in paragraph (c) of this section must be designated as that type on the label, except that whisky distilled in Tennessee may be called “Tennessee Whisky” even if it conforms to one of the specific type designations. The place, state, or region where the whisky was distilled may appear as part of the designation on the label if the distillation and any required aging took place in that location; blending and bottling need not have taken place in the same place, state, or region (e.g., “New York Bourbon Whisky” must be distilled and aged in the State of New York). However, if any whisky is made partially from whisky distilled in a country other than that indicated by the type designation, the label must indicate the percentage of such whisky and the country where that whisky was distilled. Additionally, the label of whisky that does not meet one of the standards for specific types of whisky and that is comprised of components distilled in more than one country must contain a statement of composition indicating the country of origin of each component (such as “Whisky—50% from Japan, 50% from the United States”). The word “bourbon” may not be used to describe any whisky or whisky-based distilled spirits not distilled and aged in the United States. The whiskies defined in paragraphs (c)(2) through (6) and (10) through (14) of this section are distinctive products of the United States and must have the country of origin stated immediately adjacent to the type designation if it is distilled outside of the United States, or the whisky designation must be proceeded by the term “American type” if the country of origin appears elsewhere on the label. For example, “Brazilian Corn Whisky,” “Rye Whisky distilled in Sweden,” and “Blended Whisky—Product of Japan” are statements that meet this country of origin requirement. “Light whisky” and “Blended light whisky” may only be produced in the United States.

(c) Types of whisky. The following tables set out the designations for whisky. Table 1 sets forth the standards for whisky that are defined based on production, storage, and processing standards, while Table 2 sets forth rules for the types of whisky that are defined as distinctive products of certain countries. For the whiskies listed in Table 1, a whisky may use the designation listed, when it complies with the production standards in the subsequent columns. The “source” column indicates the source of the grain mash used to make the whisky. The “distillation proof” indicates the allowable distillation proof for that type. The “storage” column indicates the type of packages (barrels) in which the spirits must be stored and limits for the proof of the spirits when entering the packages. The “neutral spirits permitted” column indicates whether neutral spirits may be used in the product in their original state (and not as vehicles for flavoring materials), and if so, how much may be used. The “harmless coloring, flavoring, blending materials permitted” column indicates whether harmless coloring, flavoring, or blending materials, other than neutral spirits in their original form, described in § 5.142, may be used in the product. The use of the word “straight” is a further designation of a type, and is optional. The designation “white whisky” may only appear on whiskies that are clear in color and that meet the rules in paragraph (b)(15) of this section.

(a) The class gin. “Gin” is distilled spirits made by original distillation from mash, or by redistillation of distilled spirits, or by mixing neutral spirits, with or over juniper berries and, optionally, with or over other aromatics, or with or over extracts derived from infusions, percolations, or maceration of such materials, and includes mixtures of gin and neutral spirits. It must derive its main characteristic flavor from juniper berries and be bottled at not less than 40 percent alcohol by volume (80° proof). Gin may be aged in oak containers.

(b) Distilled gin. Gin made exclusively by original distillation or by redistillation may be further designated as “distilled,” “Dry,” “London,” “Old Tom” or some combination of these four terms.

(a) The class brandy. “Brandy” is spirits that are distilled from the fermented juice, mash, or wine of fruit, or from the residue thereof, distilled at less than 95 percent alcohol by volume (190° proof) having the taste, aroma, and characteristics generally attributed to the product, and bottled at not less than 40 percent alcohol by volume (80° proof).

(b) Label designations. Brandy conforming to one of the type designations must be designated with the type name or specific designation specified in the requirements for that type. The term “brandy” without further qualification (such as “peach” or “marc”) may only be used as a designation on labels of grape brandy as defined in paragraph (c)(1) of this section. Brandy conforming to one of the type designations defined in paragraphs (c)(1) through (12) of this section must be designated on the label with the type name unless a specific designation is included in the requirements for that type. Brandy, or mixtures thereof, not conforming to any of the types defined in this section must be designated on the label as “brandy” followed immediately by a truthful and adequate statement of composition.

(c) Types. Paragraphs (c)(1) through (12) of this section set out the types of brandy and the standards for each type.

(a) The class blended applejack. “Blended applejack” is a mixture containing at least 20 percent on a proof gallon basis of apple brandy (applejack) that has been stored in oak barrels for not less than two years, and not more than 80 percent of neutral spirits on a proof gallon basis. Blended applejack must be bottled at not less than 40 percent alcohol by volume (80° proof).

(b) Label designation. The label designation for blended applejack may be “blended applejack” or “applejack-a blend.”

(a) The class rum. “Rum” is distilled spirits that is distilled from the fermented juice of sugar cane, sugar cane syrup, sugar cane molasses, or other sugar cane by-products at less than 95 percent alcohol by volume (190° proof) having the taste, aroma, and characteristics generally attributed to rum, and bottled at not less than 40 percent alcohol by volume (80° proof); and also includes mixtures solely of such spirits. All rum may be designated as “rum” on the label, even if it also meets the standards for a specific type of rum.

(b) Types. Paragraph (b)(1) of this section describes a specific type of rum and the standards for that type.

(a) The class agave spirits. “Agave spirits” are distilled from a fermented mash, of which at least 51 percent is derived from plant species in the genus Agave and up to 49 percent is derived from sugar. Agave spirits must be distilled at less than 95 percent alcohol by volume (190° proof) and bottled at or above 40 percent alcohol by volume (80° proof). Agave spirits may be stored in wood barrels. Agave spirits may not contain added flavoring or coloring materials, except as specified in § 5.155. This class also includes mixtures of agave spirits. Agave spirits that meet the standard of identity for “Tequila” or “Mezcal” may be designated as “agave spirits,” or as “Tequila” or “Mezcal”, as applicable.

(b) Types. Paragraphs (b)(1) and (2) of this section describe the types of agave spirits and the rules for each type.

(a) The class absinthe. Absinthe is distilled spirits distilled at less than 95 percent alcohol by volume (190° proof) made with wormwood (Artemisia absinthium), anise, and fennel (with or without other flavoring materials) and possessing the taste, aroma, and characteristics generally attributed to absinthe. Absinthe may contain added sugar. When bottled, absinthe must be at least 30 percent alcohol by volume (60° of proof). The designations “absinthe” and “absinth” are interchangeable.

(b) Thujone-free requirement. Absinthe must be thujone-free in accordance with U.S. Food and Drug Administration (FDA) regulations and standards.

(a) The class cordials and liqueurs. Cordials and liqueurs are flavored distilled spirits that are made by mixing or redistilling distilled spirits with or over fruits, flowers, plants, or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolation, or maceration of such materials, and containing sugar (such as sucrose, fructose, dextrose, or levulose) in an amount of not less than 21/2 percent by weight of the finished product. Designations on labels may be “Cordial” or “Liqueur,” or, in the alternative, may be one of the type designations below. Cordials and liqueurs may not be designated as “distilled,” “compound,” or “straight”. The designation of a cordial or liqueur may include the word “dry” if sugar is less than 10 percent by weight of the finished product.

(b) Types. Paragraph (b)(1) through (12) of this section list definitions and standards for optional type designations.

(a) The class flavored spirits. “Flavored spirits” are distilled spirits that are spirits conforming to one of the standards of identity set forth in §§ 5.142 through 5.150 (the “base spirits”) to which have been added nonbeverage flavors, wine, or nonalcoholic natural flavoring materials, with or without the addition of sugar, and bottled at not less than 30 percent alcohol by volume (60° proof). The flavored spirits must be specifically designated by the single base spirit and one or more of the most predominant flavors (for example, “Pineapple Flavored Tequila” or “Cherry Vanilla Flavored Bourbon Whisky”). The base spirit must conform to the standard of identity for that spirit before the flavoring is added. Base spirits that are a distinctive product of a particular place must be manufactured in accordance with the laws and regulations of the country as designated in the base spirit's standard of identity. If the finished product contains more than 21/2 percent by volume of wine, the kinds and percentages by volume of wine must be stated as a part of the designation (whether the wine is added directly to the product or whether it is first mixed into an intermediate product), except that a flavored brandy may contain an additional 121/2 percent by volume of wine, without label disclosure, if the additional wine is derived from the particular fruit corresponding to the labeled flavor of the product.

(a) Imitations must bear, as a part of the designation thereof, the word “imitation” and include the following:

(1) Any class or type of distilled spirits to which has been added coloring or flavoring material of such nature as to cause the resultant product to simulate any other class or type of distilled spirits;

(2) Any class or type of distilled spirits (other than distilled spirits specialty products as defined in § 5.156) to which has been added flavors considered to be artificial or imitation. (Note: TTB Procedure XXXX-XX, available on the TTB website ( https://www.ttb.gov ) provides guidance on the use of the terms “natural” and “artificial” when referencing flavoring materials);

(3) Any class or type of distilled spirits (except cordials, liqueurs and specialties marketed under labels which do not indicate or imply that a particular class or type of distilled spirits was used in the manufacture thereof) to which has been added any whisky essence, brandy essence, rum essence, or similar essence or extract which simulates or enhances, or is used by the trade or in the particular product to simulate or enhance, the characteristics of any class or type of distilled spirits;

(4) Any type of whisky to which beading oil has been added;

(5) Any rum to which neutral spirits or distilled spirits other than rum have been added;

(6) Any brandy made from distilling material to which has been added any amount of sugar other than the kind and amount of sugar expressly authorized in the production of standard wine; and

(7) Any brandy to which neutral spirits or distilled spirits other than brandy have been added, except that this provision shall not apply to any product conforming to the standard of identity for blended applejack.

(b) If any of the standards set forth in paragraphs (a)(1) through (7) of this section apply, the “Imitation” class designation must be used in front of the appropriate class designation (for example, Imitation Whisky).

(a) The class diluted spirits. When a minimum bottling alcohol content (proof) is required for a class or type and a product would meet one of the classes or types prescribed in this subpart except that that product does not meet the minimum bottling alcohol content, the product must be designated with the applicable class or type designation (and statement of composition, if required) immediately preceded by the word “Diluted” in readily legible type at least half as large as the class or type designation to which it refers. Examples of such designations are “Diluted Vodka,” “Diluted Cherry Lees Brandy,” and “Diluted flavored whisky.”

(b) [Reserved]

(a) Geographical designations. (1) Geographical names for distilled spirits found by the appropriate TTB officer to have lost their geographical significance by usage and common knowledge to such extent that they have become generic may be used without regard to where the product is actually manufactured or bottled. The following names have been found to be generic: London dry gin, Geneva (Hollands) gin.

(2) Except as provided in paragraph (a)(3) of this section, geographical names that have not become generic shall not be applied to distilled spirits made in any place other than the particular place or region indicated in the name. Examples are Greek brandy, Jamaica rum, Puerto Rico rum, Demerara rum, and Andong Soju.

(3) Geographical names that are not generic may be used as the designation for types of distilled spirits made in a place other than the particular region indicated by the name if:

(i) The appropriate TTB officer has determined that the name represents a type of distilled spirits;

(ii) The word “type,” “style,” or some other statement indicating the true place of production appears as part of the designation; and

(iii) The distilled spirits to which the name is applied conforms to the standard of identity identified in this subpart.

(iv) The following geographical names are recognized as types of distilled spirits in accordance with paragraph (a)(3)(i) of this section: Eau de Vie de Dantzig (Danziger Goldwasser), Ojen, and Swedish punch.

(b) Products without geographical designations that are associated with a particular geographical region. (1) A name that is not a geographical name but that is generally perceived as a name associated with a particular geographic place, region, or country may not be used on the label of a product of any other place, region or country, except as otherwise provided in this paragraph.

(2) Designations for distilled spirits listed in this paragraph and that by usage and common knowledge have lost any geographical significance to such an extent that the appropriate TTB officer finds they have become generic may be used to designate spirits of any origin. Examples of names that TTB has found to be generic include: Zubrovka, Aquavit, Arrack, Kummel, Amaretto, and Ouzo.

(3) Designations for distilled spirits listed in this paragraph that the appropriate TTB officer has determined have, by usage and common knowledge, become associated with distilled spirits produced in geographic areas other than the region with which the name was originally associated may be used to designate products of any origin, as long as the designation for such product includes the word “type” or an adjective such as “American” that clearly indicates the true place of production. TTB has determined that the names “Habanero,” “Sambuca,” and “Goldwasser” fall into this category.

(a) Definitions—(1) Coloring, flavoring, or blending material. For the purposes of this section, the term “coloring, flavoring, or blending material” means a harmless substance that is an essential component of the class or type of distilled spirits to which it is added; or a harmless substance, such as caramel, straight malt or straight rye malt whiskies, fruit juices, sugar, infusion of oak chips when approved by the Administrator, or wine, that is not an essential component part of the distilled spirits product to which it is added but which is customarily employed in the product in accordance with established trade usage.

(2) Certified color. For purposes of this section, the term “certified color” means a color additive that is required to undergo batch certification in accordance with part 74 or part 82 of the Food and Drug Administration regulations (21 CFR parts 74 and 82). An example of a certified color is FD&C Blue No. 2.

(b) Allowable additions. Except as provided in paragraph (c) of this section, the following may be added to distilled spirits without changing the class or type designation:

(1) Coloring, flavoring, and blending materials that are essential components of the class or type of distilled spirits to which added;

(2) Coloring, flavoring, and blending materials that are not essential component parts of the distilled spirits to which added, provided that such coloring, flavoring, or blending materials do not total more than 2 1/2 percent by volume of the finished product; and

(3) Wine, when added to Canadian whisky in Canada in accordance with the laws and regulations of Canada governing the manufacture of Canadian whisky.

(c) Exceptions. The addition of the following will require a redesignation of the class or type of the distilled spirits product to which added:

(1) Coloring, flavoring, or blending materials that are not essential component parts of the class or type of distilled spirits to which they are added, if such coloring, flavoring, and blending materials total more than 21/2 percent by volume of the finished product;

(2) Any material, other than caramel, infusion of oak chips, and sugar, added to Cognac brandy;

(3) Any material whatsoever added to neutral spirits or straight whisky, except that vodka may be treated with sugar, in an amount not to exceed two grams per liter, and with citric acid, in an amount not to exceed one gram per liter;

(4) Certified colors, carmine, or cochineal extract;

(5) Any material that would render the product to which it is added an imitation, as defined in § 5.152; or

(6) For products that are required to be stored in oak barrels in accordance with a standard of identity, the storing of the product in an additional barrel made of another type of wood.

(d) Extractions from distilled spirits. The removal of any constituents from a distilled spirits product to such an extent that the product no longer possesses the taste, aroma, and characteristics generally attributed to that class or type of distilled spirits will alter the class or type of the product, and the resulting product must be redesignated appropriately. In addition, in the case of straight whisky, the removal of more than 15 percent of the fixed acids, volatile acids, esters, soluble solids, or higher alcohols, or the removal of more than 25 percent of the soluble color, constitutes an alteration of the class or type of the product and requires a redesignation of the product.

(e) Exceptions. Nothing in this section has the effect of modifying the standards of identity specified in § 5.150 for cordials and liqueurs, and in § 5.151 for flavored spirits, or of authorizing any product defined in § 5.152 to be designated as other than an imitation.

(a) General. Distilled spirits that do not meet one of the other standards of identity specified in this subpart are distilled spirits specialty products and must be designated in accordance with trade and consumer understanding, or, if no such understanding exists, with a distinctive or fanciful name (which may be the name of a cocktail) appearing in the same field of vision as a statement of composition. The statement of composition and the distinctive or fanciful name serve as the class and type designation for these products. The statement of composition must follow the rules found in § 5.166. A product may not bear a designation which indicates it contains a class or type of distilled spirits unless the distilled spirits therein conform to such class and type.

(b) Products designated in accordance with trade and consumer understanding. Products may be designated in accordance with trade and consumer understanding without a statement of composition if the appropriate TTB officer has determined that there is such understanding.

(a) Rules for the statement of composition. When a statement of composition is required as part of a designation for a distilled spirits specialty product, the statement must contain all of the information specified in this section, as applicable. The statement must specify all harmless coloring, flavoring, and blending materials, except to the extent the materials in the product are part of a distilled spirit that is identified in the statement of composition and the distilled spirit contains the materials within the limitations specified in the standards of identity for the distilled spirit, or the standards set out in § 5.155. If an intermediate product is used to make a distilled spirits specialty product, the materials used to make the intermediate product should be identified in the statement of composition as if they were mixed directly into the distilled spirits without regard to the fact that they were first mixed into an intermediate product.

(1) Identify the distilled spirits and wines. The statement of composition must clearly identify the distilled spirits and wines used in the finished product. The statement of composition must show the required class and/or type designation for each distilled spirit (e.g., “vodka,” “whisky,” “rum,” “gin”). The statement of composition must identify any wines used in the product, but the statement is not required to specifically identify the classes and/or types of the wines. The statement of composition must list each distilled spirit and wine in order of predominance on a proof gallon basis. If a product contains multiple classes and/or types of wine and the statement of composition does not specifically identify each one, the predominance of the wine must be determined based on its total quantity in the product on a proof gallon basis.

(2) Identify flavoring and blending material(s) (not including distilled spirits and wines) used before, during, and after distillation. The statement of composition must disclose flavoring and blending materials used in the finished product. If the flavoring materials were used before or during the distillation process, the statement of composition must indicate that the distilled spirits were distilled with the flavoring material (e.g., Vodka Distilled with Cinnamon). If a single flavoring material is used in the production of the distilled spirits product, the flavoring material may be specifically identified (such as, “strawberry flavor,” “strawberry juice,” or “whole strawberries”) or generally referenced (such as, “natural flavor”). If two or more flavoring materials are used in the production of the distilled spirits product, each flavoring material may be specifically identified (such as, “peach flavor, kiwi flavor,” or “peach and kiwi flavors”) or the characterizing flavor may be specifically identified and the remaining flavoring material(s) may be generally referenced (such as, “peach and other natural and artificial flavor(s)”), or all flavors may be generally referenced (such as, “with artificial flavors”). (Note: TTB Procedure XXXX-XX, available on the TTB website ( https://www.ttb.gov ), provides guidance on the use of the terms “natural” and “artificial” when referencing flavoring materials.)

(3) Identify added coloring material(s). The statement of composition must disclose the addition of coloring material(s), whether added directly or through flavoring material(s), if the addition of such material(s) to the base distilled spirits is not in accordance with the standards of identity. The coloring material(s) may be identified specifically (such as, “caramel color,” “FD&C Red #40,” “annatto,” etc.) or as a general statement, such as, “Contains certified color”, for colors approved under 21 CFR part 74, or “artificially colored,” to indicate the presence of any one or a combination of coloring material(s). However, FD&C Yellow No. 5, cochineal extract, and carmine require specific disclosure in accordance with § 5.71 and may be disclosed either in the statement of composition or elsewhere, in accordance with that section, if the statement of composition contains only a general disclosure of added colors. Where the standard of identity for that base spirit does not require disclosure, caramel used in the production of the base spirit is not required to be disclosed as part of the statement of composition. However, caramel added in the production of the specialty product must be disclosed.

(4) Identify added artificial or other non-nutritive sweeteners. The statement of composition must disclose any artificial sweetener that is added to a distilled spirits product, whether the artificial sweetener is added directly or through flavoring material(s). The artificial sweetener may be identified specifically by either generic name or trademarked brand name, or as a general statement (such as “artificially sweetened”), to indicate the presence of any one or combination of artificial sweeteners. However, if aspartame is used, an additional warning statement is required in accordance with § 5.63.

(5) Identify certain ingredients. The statement of composition must disclose any ingredient that is permitted by a standard of identity, but used in a method or quantity that makes the finished product no longer meet the standard of identity. For example, vodka to which more than two grams of sugar per liter is added is no longer designated as vodka. The statement of composition may read “Vodka with added sugar.”

(b) [Reserved]

The requirements of this subpart apply to the following persons:

(a) Proprietors of distilled spirits plants qualified as processors under part 19 of this chapter;

(b) Persons in the Commonwealth of Puerto Rico who manufacture distilled spirits products for shipment to the United States. However, the filing of a formula for approval by TTB is only required for those products that will be shipped to the United States; and

(c) Persons who ship Virgin Islands distilled spirits products into the United States.

(a) General. An approved formula is required to blend, mix, purify, refine, compound, or treat distilled spirits in a manner that results in a change of class or type of the spirits.

(b) Preparation and submission. In order to obtain formula approval, a person listed in § 5.191 must complete and file TTB Form 5100.51, Formula and Process for Domestic and Imported Alcohol Beverages, electronically or in paper format, in accordance with the instructions for the form. When a product will be made or processed under the same formula at more than one location operated by the distiller or processor, the distiller or processor must identify on the form each place of production or processing by name and address, and by permit number, if applicable, and must ensure that a copy of the approved formula is maintained at each location.

(c) Existing approvals. Any approval of a formula will remain in effect until revoked, superseded, or voluntarily surrendered, and if the formula is revoked, superseded, or voluntarily surrendered, any existing qualifying statements on such approval as to the rate of tax or the limited use of alcoholic flavors will be made obsolete.

(d) Change in formula. Any change in an approved formula requires the filing of a new Form 5100.51 for approval of the changed formula. After a changed formula is approved, the filer must surrender the original formula approval to the appropriate TTB officer.

The following operations change the class or type of distilled spirits and therefore require formula approval under § 5.192:

(a) The compounding of distilled spirits through the mixing of a distilled spirits product with any coloring or flavoring material, wine, or other material containing distilled spirits (except for harmless coloring, flavoring or blending materials that do not alter the class or type pursuant to § 5.155);

(b) The manufacture of an intermediate product to be used exclusively in other distilled spirits products on bonded premises;

(c) Any filtering or stabilizing process that results in a distilled spirits product's no longer possessing the taste, aroma, and characteristics generally attributed to the class or type of distilled spirits before the filtering or stabilizing, or, in the case of straight whisky, that results in the removal of more than 15 percent of the fixed acids, volatile acids, esters, soluble solids, or higher alcohols, or more than 25 percent of the soluble color;

(d) The mingling of spirits that differ in class or in type of materials from which made;

(e) The mingling of distilled spirits that were stored in charred cooperage with distilled spirits that were stored in plain or reused cooperage, or the mixing of distilled spirits that have been treated with wood chips with distilled spirits not so treated, or the mixing of distilled spirits that have been subjected to any treatment which changes their character with distilled spirits not subjected to such treatment, unless it is determined by the appropriate TTB officer in each of these cases that the composition of the distilled spirits is the same notwithstanding the storage in different kinds of cooperage or the treatment of a portion of the spirits;

(f) Except when authorized for production or storage operations by part 19 of this chapter, the use of any physical or chemical process or any apparatus that accelerates the maturing of the distilled spirits;

(g) The steeping or soaking of plant materials, such as fruits, berries, aromatic herbs, roots, or seeds, in distilled spirits or wines at a distilled spirits plant;

(h) The artificial carbonating of distilled spirits;

(i) In Puerto Rico, the blending of distilled spirits with any liquors manufactured outside Puerto Rico;

(j) The production of gin by:

(1) Redistillation, over juniper berries and other natural aromatics or over the extracted oils of such materials, of spirits distilled at or above 190 degrees of proof that are free from impurities, including such spirits recovered by redistillation of imperfect gin spirits; or

(2) Mixing gin with other distilled spirits;

(k) The treatment of gin by:

(1) The addition or abstraction of any substance or material other than pure water after redistillation in a manner that would change its class and type designation; or

(2) The addition of any substance or material other than juniper berries or other natural aromatics or the extracted oils of such materials, or the addition of pure water, before or during redistillation, in a manner that would change its class and type designation; and

(l) The recovery of spirits by redistillation from distilled spirits products containing other alcoholic ingredients and from spirits that have previously been entered for deposit. However, no formula approval is required for spirits redistilled into any type of neutral spirits other than vodka or for spirits redistilled at less than 190 degrees of proof that lack the taste, aroma and other characteristics generally attributed to whisky, brandy, rum, or gin and that are designated as “Spirits” preceded or followed by a word or phrase descriptive of the material from which distilled. Such spirits may not be designated “Spirits Grain” or “Grain Spirits” on any label.

A successor to a person listed in § 5.191 may adopt a predecessor's approved formulas by filing an application with the appropriate TTB officer. The application must include a list of the formulas for adoption and must identify each formula by formula number, name of product, and date of approval. The application must clearly show that the predecessor has authorized the use of the previously approved formulas by the successor.

No person engaged in business as a distiller, blender, or other producer, or as an importer or wholesaler, or as a bottler or warehouseman and bottler, directly or indirectly, or through an affiliate, may sell or ship or deliver for sale or shipment in interstate or foreign commerce, or otherwise introduce in interstate or foreign commerce, or receive therein, or remove from customs custody for consumption, any distilled spirits in containers, unless the distilled spirits are bottled in conformity with §§ 5.202 and 5.203.

(a) General. Except as provided in paragraph (d) of this section and in § 5.205, distilled spirits must be bottled in standard liquor containers, as defined in this paragraph. A standard liquor container is a container that is made, formed, and filled in such a way that it does not mislead purchasers as regards its contents. An individual carton or other container of a bottle may not be so designed as to mislead purchasers as to the size of the bottle it contains.

(b) Headspace. A filled liquor container of a capacity of 200 milliliters (6.8 fl. oz.) or more is deemed to mislead the purchaser if it has a headspace in excess of 8 percent of the total capacity of the container after closure.

(c) Design. Regardless of the correctness of the stated net contents, a liquor container is deemed to mislead the purchaser if it is made and formed in such a way that its actual capacity is substantially less than the capacity it appears to have upon visual examination under ordinary conditions of purchase or use.

(d) Exception for distinctive liquor bottles. The provisions of paragraphs (b) and (c) of this section do not apply to liquor bottles for which a distinctive liquor bottle approval has been issued pursuant to § 5.205.

(a) Authorized standards of fill. The following metric standards of fill are authorized for distilled spirits, whether domestically bottled or imported:

(1) Containers other than cans. For containers other than cans described in paragraph (a)(2) of this section—

(i) 1.75 liters.

(ii) 1.00 liter.

(iii) 750 mL.

(iii) 375 mL.

(iv) 200 mL.

(v) 100 mL.

(vi) 50 mL.

(2) Metal cans. For metal containers that have the general shape and design of a can, that have a closure that is an integral part of the container, and that cannot be readily reclosed after opening—

(i) 355 mL.

(ii) 200 mL.

(iii) 100 mL.

(iv) 50 mL.

(b) Spirits bottled using outdated standards. Paragraph (a) of this section does not apply to:

(1) Imported distilled spirits in the original containers in which entered into customs custody prior to January 1, 1980 (or prior to July 1, 1989 in the case of distilled spirits imported in 500 mL containers); or

(2) Imported distilled spirits bottled or packed prior to January 1, 1980 (or prior to July 1, 1989 in the case of distilled spirits in 500 mL containers) and certified as to such in a statement signed by an official duly authorized by the appropriate foreign government.

(a) Under the conditions set forth in paragraphs (b) through (f) of this section, industry members may use aggregate packaging to satisfy a standard of fill required under § 5.203 of this part. That is, industry members may bottle distilled spirits in containers that do not meet a standard of fill, as long as those containers are then packaged together in a larger container and the entire net contents of the aggregate package meets a standard of fill. For example, thirty 25-mL containers may be packaged together to meet the 750 mL standard of fill. The industry member must submit the actual external container and a sample of one of the internal containers to TTB upon request by the appropriate TTB officer as part of the COLA review process.

(b) The distilled spirits in each of the individual internal containers of the aggregate package must have the same alcohol content.

(c) The external container, as well as each of the individual internal containers, must be labeled with all of the mandatory label information required by this part and parts 16 and 19 of this chapter; however, an appropriate standard of fill is not required for internal containers.

(d) The external container must include a net contents statement that indicates how the aggregate package equals an authorized standard of fill (for example, “750 mL = 30 containers of 25 mL each”). Internal containers must include a net contents statement in accordance with § 5.68 of this part.

(e) The external container must be shrink-wrapped, boxed, or sealed in such a manner that the smaller containers cannot be easily removed.

(f) Each of the smaller containers must be labeled “NOT FOR INDIVIDUAL SALE.”

(a) General. A bottler or importer of distilled spirits in distinctive liquor bottles may apply for a distinctive liquor bottle approval from the appropriate TTB officer. The distinctive liquor bottle approval will provide an exemption only from those requirements that are specified in paragraph (b) of this section. A distinctive liquor bottle is a container that is not the customary shape and that may obscure the net contents of the distilled spirits.

(b) Exemptions provided by the distinctive liquor bottle approval. The distinctive liquor bottle approval issued pursuant to this section will provide that:

(1) The provisions of § 5.202(b) and (c) do not apply to the liquor containers for which the distinctive liquor bottle approval has been issued; and

(2) The information required to appear in the same field of vision pursuant to § 5.63(a) may appear elsewhere on a distinctive liquor bottle for which the distinctive liquor bottle approval has been issued, if the design of the container precludes the presentation of all mandatory information in the same field of vision.

(c) How to apply. A bottler or importer of distilled spirits in distinctive liquor bottles may apply for a distinctive liquor bottle approval as part of the application for a COLA.

(a) Certificates of label approval (COLAs). Upon request by the appropriate TTB officer, a bottler or importer must provide evidence that a container of distilled spirits is covered by a certificate of label approval (COLA) or a certificate of exemption. This requirement may be satisfied by providing original COLAs, photocopies or electronic copies of COLAs, or records showing the TTB Identification number assigned to the approved certificate. TTB may request such information for a period of five years from the date that the products covered by the COLAs were removed from the bottler's premises or from customs custody, as applicable.

(b) Labels with revisions. Where labels on containers reflect revisions to the approved label that have been made in compliance with allowable revisions authorized by TTB Form 5100.31 or otherwise authorized by TTB, the bottler or importer must, upon request by the appropriate TTB officer, identify the COLA covering the product if the product is required to be covered by a COLA. TTB may request such information for a period of five years from the date that the products covered by the COLAs were removed from the bottler's premises or from customs custody, as applicable.

(c) Other recordkeeping requirements under this part. See §§ 5.26, 5.30, and 5.192(b) for other recordkeeping requirements under this part.

(a) Application. The substantiation requirements of this section apply to any claim made on any label or container subject to the requirements of this part.

(b) Reasonable basis in fact. All claims, whether implicit or explicit, must have a reasonable basis in fact. Claims that contain express or implied statements regarding the amount of support for the claim (such as “tests prove,” or “studies show”) must have the level of substantiation that is claimed. Any labeling claim that does not have a reasonable basis in fact, or cannot be adequately substantiated upon the request of the appropriate TTB officer, will be considered misleading within the meaning of § 5.122(b)(2).

(c) Evidence that claims are adequately substantiated. The appropriate TTB officer may request that bottlers and importers provide evidence that labeling claims are adequately substantiated at any time within a period of five years from the time the distilled spirits were removed from the bottling premises or from customs custody, as applicable.

Criminal penalties.

A violation of the labeling provisions of 27 U.S.C. 205(e) is punishable as a misdemeanor. See 27 U.S.C. 207 for the statutory provisions relating to criminal penalties, consent decrees, and injunctions.

A basic permit is conditioned upon compliance with the requirements of 27 U.S.C. 205, including the labeling provisions of this part. A willful violation of the conditions of a basic permit provides grounds for the revocation or suspension of the permit, as applicable, as set forth in part 1 of this chapter.

Pursuant to 27 U.S.C. 207, the appropriate TTB officer is authorized, with respect to any violation of 27 U.S.C. 205, to compromise the liability arising with respect to such violation upon payment of a sum not in excess of $500 for each offense, to be collected by the appropriate TTB officer and to be paid into the Treasury as miscellaneous receipts.

(a) Purpose. This subpart displays the control numbers assigned to information collection requirements in this part by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995, Public Law 104-13.

(b) Chart. The following chart identifies each section in this part that contains an information collection requirement and the OMB control number that is assigned to that information collection requirement.

7.0

Scope.

7.1

Definitions.

7.2

Territorial extent.

7.3

General requirements and prohibitions under the FAA Act.

7.4

Jurisdictional limits of the FAA Act.

7.5

Ingredients and processes.

7.6

Brewery products not covered by this part.

7.7

Other TTB labeling regulations that apply to malt beverages.

7.8

Malt beverages for export.

7.9

Compliance with Federal and State requirements.

7.10

Other related regulations.

7.11

Forms.

7.12

Delegations of the Administrator.

Subpart B—Certificates of Label Approval Requirements for Malt Beverages Bottled in the United States

7.21

Requirement for certificates of label approval (COLAs) for malt beverages bottled in the United States.

7.22

Rules regarding certificates of label approval (COLAs) for malt beverages bottled in the United States.

7.23

[Reserved]

Requirements for Malt Beverages Imported in Containers

7.24

Certificates of label approval (COLAs) for malt beverages imported in containers.

7.25

Rules regarding certificates of label approval (COLAs) for malt beverages imported in containers.

Administrative Rules

7.27

Presenting certificates of label approval (COLAs) to Government officials.

7.28

Formulas, samples, and documentation.

7.29

Personalized labels.

Subpart C—Alteration of Labels, Relabeling, and Adding Information to Containers

7.41

Alteration of labels.

7.42

Authorized relabeling activities by brewers and importers.

7.43

Relabeling activities that require separate written authorization from TTB.

7.44

Adding a label or other information to a container that identifies the wholesaler, retailer, or consumer.

Subpart D—Label Standards

7.51

Firmly affixed requirements.

7.52

Legibility and other requirements for mandatory information on labels.

7.53

Type size of mandatory information.

7.54

Visibility of mandatory information.

7.55

Language requirements.

7.56

Additional information.

Subpart E—Mandatory Label Information

7.61

What constitutes a label for purposes of mandatory information.

7.62

Packaging (cartons, coverings, and cases).

7.63

Mandatory label information.

7.64

Brand name.

7.65

Alcohol content.

7.66

Name and address for domestically bottled malt beverages that were wholly fermented in the United States.

7.67

Name and address for domestically bottled malt beverages that were bottled after importation.

7.68

Name and address for malt beverages that are imported in a container.

7.69

Country of origin.

7.70

Net contents.

Subpart F—Restricted Labeling Statements

7.81

General.

Food Allergen Labeling

7.82

Voluntary disclosure of major food allergens.

7.83

Petitions for exemption from major food allergen labeling.

Production and Other Claims

7.84

Use of the term “organic.”

7.85

Environmental, sustainability, and similar statements.

7.86

[Reserved].

7.87

Use of the term “draft.”

Subpart G—Prohibited Labeling Practices

7.101

General.

7.102

False or untrue statements.

7.103

Obscene or indecent depictions.

Subpart H—Labeling Practices That Are Prohibited if They Are Misleading

7.121

General.

7.122

Misleading statements or representations.

7.123

Guarantees.

7.124

Disparaging statements.

7.125

Tests or analyses.

7.126

Depictions of government symbols.

7.127

Depictions simulating government stamps or relating to supervision.

7.128

Claims related to distilled spirits or wines.

7.129

Health-related statements.

7.130

Appearance of endorsement.

7.131

The word “bonded” and similar terms

7.132

Strength claims.

Subpart I—Classes and Types of Malt Beverages

7.141

Class and type.

7.142

Class designations.

7.143

Class and type—special rules.

7.144

Malt beverages fermented or flavored with certain traditional ingredients.

7.145

Malt beverages containing less than 0.5 percent alcohol by volume.

7.146

Geographical names.

7.147

Statement of composition.

Subparts J-K—Reserved Subpart L—Recordkeeping and Substantiation Requirements

7.211

Recordkeeping requirements-certificates.

7.212

Substantiation requirements.

Subpart M—Penalties and Compromise of Liability

7.221

Criminal penalties.

7.222

Conditions of basic permit.

7.223

Compromise.

Subpart N—Paperwork Reduction Act

7.231

OMB control numbers assigned under the Paperwork Reduction Act.

This part sets forth requirements that apply to the labeling and packaging of malt beverages in containers, including requirements for label approval and rules regarding mandatory, regulated, and prohibited labeling statements.

When used in this part and on forms prescribed under this part, the following terms have the meaning assigned to them in this section, unless the terms appear in a context that requires a different meaning. Any other term defined in the Federal Alcohol Administration Act (FAA Act) and used in this part has the same meaning assigned to it by the FAA Act.

Administrator. The Administrator, Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury.

Appropriate TTB officer. An officer or employee of the Alcohol and Tobacco Tax and Trade Bureau (TTB) authorized to perform any function relating to the administration or enforcement of this part by the current version of TTB Order 1135.7, Delegation of the Administrator's Authorities in 27 CFR part 7, Labeling of Malt Beverages.

Bottler. Any brewer or wholesaler who places malt beverages in containers.

Brand name. The name under which a malt beverage or a line of malt beverages is sold.

Certificate holder. The permittee or brewer whose name, address, and basic permit number, plant registry number, or brewer's notice number appears on an approved TTB Form 5100.31.

Certificate of exemption from label approval. A certificate issued on TTB Form 5100.31, which authorizes the bottling of wine or distilled spirits, under the condition that the product will under no circumstances be sold, offered for sale, shipped, delivered for shipment, or otherwise introduced by the applicant, directly or indirectly, into interstate or foreign commerce.

Certificate of label approval (COLA). A certificate issued on TTB Form 5100.31 that authorizes the bottling of wine, distilled spirits, and malt beverages, or the removal of bottled wine, distilled spirits, and malt beverages from customs custody for introduction into commerce, as long as the product bears labels identical to the labels appearing on the face of the certificate, or labels with changes authorized by TTB on the certificate or otherwise.

Container. Any can, bottle, box with an internal bladder, cask, keg, barrel or other closed receptacle, in any size or material, that is for use in the sale of malt beverages at retail.

Customs officer. An officer of U.S. Customs and Border Protection (CBP) or any agent or other person authorized by law to perform the duties of such an officer.

Distinctive or fanciful name. A descriptive name or phrase chosen to identify a malt beverage product on the label. It does not include a brand name, class or type designation, statement of composition, or designation known to the trade or consumers.

FAA Act. The Federal Alcohol Administration Act.

Gallon. A U.S. gallon of 231 cubic inches of malt beverages at 39.1 degrees Fahrenheit (4 degrees Celsius). All other liquid measures used are subdivisions of the gallon as defined.

Interstate or foreign commerce. Commerce between any State and any place outside of that State or commerce within the District of Columbia or commerce between points within the same State but through any place outside of that State.

Keg collar. A disk that is pushed down over the keg's bung or tap cover.

Malt beverage. A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption. See § 7.5 for standards applying to the use of processing methods and flavors in malt beverage production.

Net contents. The amount, by volume, of a malt beverage held in a container.

Person. Any individual, corporation, partnership, association, joint-stock company, business trust, limited liability company, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or employee of any agency of a State or political subdivision of a State.

State. One of the 50 States of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Tap cover. A cap, usually made of plastic, that fits over the top of the tap (or bung) of a keg.

TTB. The Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury.

United States (U.S.). The 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

The provisions of this part apply to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico.

(a) Certificates of label approval (COLAs). Subject to the requirements and exceptions set forth in the regulations in subpart B of this part, any brewer or wholesaler who bottles malt beverages, and any person who removes malt beverages in containers from customs custody for sale or any other commercial purpose, is required to first obtain from TTB a COLA covering the label(s) on each container.

(b) Alteration, mutilation, destruction, obliteration, or removal of labels. Subject to the requirements and exceptions set forth in the regulations in subpart C of this part, it is unlawful to alter, mutilate, destroy, obliterate, or remove labels on malt beverage containers. This prohibition applies to any person, including retailers, holding malt beverages for sale in interstate or foreign commerce or any person holding malt beverages for sale after shipment in interstate or foreign commerce.

(c) Labeling requirements for malt beverages. Subject to the jurisdictional limits of the FAA Act, as set forth in § 7.4, it is unlawful for any person engaged in business as a brewer, wholesaler, or importer of malt beverages, directly or indirectly, or through an affiliate, to sell or ship, or deliver for sale or shipment, or otherwise introduce or receive in interstate or foreign commerce, or remove from customs custody, any malt beverages in containers unless the malt beverages are bottled in containers and the containers are marked, branded, and labeled in conformity with the regulations in this part.

(d) Labeled in accordance with this part. In order to be labeled in accordance with the regulations in this part, a container of malt beverages must be in compliance with the following requirements:

(1) It must bear one or more labels meeting the standards for “labels” set forth in subpart D of this part;

(2) One or more of the labels on the container must include the mandatory information set forth in subpart E of this part;

(3) Claims on the label(s), containers, and packaging (as defined in § 7.62) must comply with the rules for regulated label statements, as applicable, set forth in subpart F of this part;

(4) Statements or any other representations on any malt beverage label, container, or packaging (as defined in §§ 7.81(b) and 7.121(b)) may not violate the regulations in subparts G and H of this part regarding certain practices on labeling of malt beverages;

(5) The class and type designation on the label(s), as well as any designation appearing on containers or packaging, must comply with the standards for classes and types set forth in subpart I of this part; and

(6) The malt beverage must not be adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act.

(a) Malt beverages sold in interstate or foreign commerce—(1) General. The labeling provisions of this part apply to malt beverages sold or shipped or delivered for shipment, or otherwise introduced into or received in any State from any place outside thereof, only to the extent that the laws or regulations of such State impose requirements similar to the requirements of the regulations in this part, with respect to the labels and labeling of malt beverages sold within that State.

(2) Similar State law. For purposes of this section, a “similar” State law may be found in State laws or regulations that apply specifically to malt beverages or in State laws or regulations that provide general labeling requirements that are not specific to malt beverages. In order to be “similar” to the Federal requirements, the State requirements need not be identical to the Federal requirements. Nonetheless, if the label in question does not violate the laws or regulations of the State or States into which the brewer, wholesaler, or importer is shipping the malt beverages, it does not violate this part.

(b) Malt beverages not sold in interstate or foreign commerce. The regulations in this part do not apply to domestically bottled malt beverages that are not and will not be sold, shipped, delivered for sale or shipment, or otherwise introduced in interstate or foreign commerce.

(a) Use of nonbeverage flavors and other nonbeverage ingredients containing alcohol. (1) Nonbeverage flavors and other nonbeverage ingredients containing alcohol may be used in producing a malt beverage (sometimes referred to as a “flavored malt beverage”). Except as provided in paragraph (a)(2) of this section, no more than 49 percent of the overall alcohol content (determined without regard to any tolerance otherwise allowed by this part) of the finished product may be derived from the addition of nonbeverage flavors and other nonbeverage ingredients containing alcohol. For example, a finished malt beverage that contains 5.0 percent alcohol by volume must derive a minimum of 2.55 percent alcohol by volume from the fermentation of barley malt and other materials and may derive not more than 2.45 percent alcohol by volume from the addition of nonbeverage flavors and other nonbeverage ingredients containing alcohol.

(2) In the case of malt beverages with an alcohol content of more than 6 percent by volume (determined without regard to any tolerance otherwise allowed by this part), no more than 1.5 percent of the volume of the malt beverage may consist of alcohol derived from added nonbeverage flavors and other nonbeverage ingredients containing alcohol.

(b) Processing. Malt beverages may be filtered or otherwise processed in order to remove color, taste, aroma, bitterness, or other characteristics derived from fermentation.

Certain fermented products that are regulated as “beer” under the Internal Revenue Code (IRC) do not fall within the definition of a “malt beverage” under the FAA Act and thus are not subject to this part. See § 7.7 for related TTB regulations that may apply to these products. See §§ 25.11 and 27.11 of this chapter for the definition of “beer” under the IRC.

(a) Saké and similar products. Saké and similar products (including products that fall within the definition of “beer” under parts 25 and 27 of this chapter) that fall within the definition of a “wine” under the FAA Act are covered by the labeling regulations for wine in 27 CFR part 4.

(b) Other beers not made with both malted barley and hops. The regulations in this part do not cover beer products that are not made with both malted barley and hops, or their parts or their products, or that do not fall within the definition of a “malt beverage” under § 7.1 for any other reason. Bottlers and importers of alcohol beverages that do not fall within the definition of malt beverages, wine, or distilled spirits under the FAA Act should refer to the applicable labeling regulations for foods issued by the U.S. Food and Drug Administration. See 21 CFR part 101.

In addition to the regulations in this part, malt beverages must also comply with the following TTB labeling regulations:

(a) Health warning statement. Alcoholic beverages, including malt beverages, that contain at least one-half of one percent alcohol by volume, must be labeled with a health warning statement in accordance with the Alcoholic Beverage Labeling Act of 1988 (ABLA). The regulations implementing the ABLA are contained in 27 CFR part 16.

(b) Internal Revenue Code requirements. The labeling and marking requirements for beer under the Internal Revenue Code are found in 27 CFR part 25, subpart J (for domestic breweries) and 27 CFR part 27, subpart E (for importers).

Malt beverages that are exported in bond without payment of tax directly from a brewery or from customs custody are not subject to this part. For purposes of this section, direct exportation in bond does not include exportation after malt beverages have been removed for consumption or sale in the United States, with appropriate tax determination or payment.

(a) General. Compliance with the requirements of this part relating to the labeling and bottling of malt beverages does not relieve industry members from responsibility for complying with other applicable Federal and State requirements, including but not limited to those highlighted in paragraphs (b) and (c) of this section.

(b) Ingredient safety. While it remains the responsibility of the industry member to ensure that any ingredient used in production of malt beverages complies fully with all applicable U.S. Food and Drug Administration (FDA) regulations pertaining to the safety of food ingredients and additives, the appropriate TTB officer may at any time request documentation to establish such compliance.

(c) Containers. While it remains the responsibility of the industry member to ensure that containers are made of suitable materials that comply with all applicable FDA health and safety regulations for the packaging of beverages for consumption, the appropriate TTB officer may at any time request documentation to establish such compliance.

(a) TTB regulations. Other TTB regulations that relate to malt beverages are listed in paragrpahs (a)(1) through (9) of this section:

(1) 27 CFR part 1—Basic Permit Requirements Under the Federal Alcohol Administration Act, Nonindustrial Use of Distilled Spirits and Wine, Bulk Sales and Bottling of Distilled Spirits;

(2) 27 CFR part 13—Labeling Proceedings;

(3) 27 CFR part 14—Advertising of Alcohol Beverage Products;

(4) 27 CFR part 16—Alcoholic Beverage Health Warning Statement;

(5) 27 CFR part 25—Beer;

(6) 27 CFR part 26—Liquors and Articles from Puerto Rico and the Virgin Islands;

(7) 27 CFR part 27—Importation of Distilled Spirits, Wines, and Beer;

(8) 27 CFR part 28—Exportation of Alcohol; and

(9) 27 CFR part 71—Rules of Practice in Permit Proceedings.

(b) Other Federal regulations. The regulations listed in paragraphs (b)(1) through (9) of this section issued by other Federal agencies also may apply:

(1) 7 CFR part 205—National Organic Program;

(2) 19 CFR part 11—Packing and Stamping; Marking;

(3) 19 CFR part 102—Rules of Origin;

(4) 19 CFR part 134—Country of Origin Marking;

(5) 21 CFR part 1—General Enforcement Provisions, Subpart I, Prior Notice of Imported Food;

(6) 21 CFR parts 70-82, which pertain to food and color additives;

(7) 21 CFR part 101—Food Labeling;

(8) 21 CFR part 110—Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food; and

(9) 21 CFR parts 170-189, which pertain to food additives and secondary direct food additives for human consumption.

(a) General. TTB prescribes and makes available all forms required by this part. Any person completing a form must provide all of the information required by each form as indicated by the headings on the form and the instructions for the form. Each form must be filed in accordance with this part and the instructions for the form.

(b) Electronically filing forms. The forms required by this part can be filed electronically by using TTB's online filing systems: COLAs Online and Formulas Online. Anyone who intends to use one of these online filing systems must first register to use the system by accessing the TTB website at https://www.ttb.gov.

(c) Obtaining paper forms. Forms required by this part are available for printing through the TTB website ( https://www.ttb.gov ) or by mailing a request to the Alcohol and Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main Street, Room 8002, Cincinnati, OH 45202.

Most of the regulatory authorities of the Administrator contained in this part are delegated to “appropriate TTB officers.” To find out which officers have been delegated specific authorities, see the current version of TTB Order 1135.7, Delegation of the Administrator's Authorities in 27 CFR part 7, Labeling of Malt Beverages. Copies of this order can be obtained by accessing the TTB website ( https://www.ttb.gov ) or by mailing a request to the Alcohol and Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main Street, Room 8002, Cincinnati, OH 45202.

(a) COLA requirement. Subject to the requirements and exceptions set forth in paragraphs (b) and (c) of this section, a brewer or wholesaler bottling malt beverages must obtain a COLA covering the malt beverages from TTB prior to bottling the malt beverages or removing the malt beverages from the premises where they were bottled.

(b) Malt beverages shipped or sold in interstate commerce. Persons bottling malt beverages (other than malt beverages in customs custody) for shipment, or delivery for sale or shipment, into a State (from outside of that State) are required to obtain a COLA covering those malt beverages only if the laws or regulations of the State require that all malt beverages sold or otherwise disposed of in such State be labeled in conformity with the requirements of subparts D through I of this part. This requirement applies when the State has either adopted subparts D through I of this part in their entireties or has adopted requirements identical to those set forth in subparts D through I of this part. In accordance with §§ 7.3 and 7.4, malt beverages that are not subject to the COLA requirements of this section may still be subject to the substantive labeling provisions of subparts D through I of this part to the extent that the State into which the malt beverages are being shipped has similar State laws or regulations.

(c) Products not shipped or sold in interstate commerce. Persons bottling malt beverages that will not be shipped or delivered for sale or shipment in interstate or foreign commerce are not required to obtain a COLA or a certificate of exemption from label approval. (Note: A certificate of exemption from label approval is a certificate issued by TTB to cover a wine or distilled spirits product that will not be sold, offered for sale, shipped, delivered for shipment, or otherwise introduced, in interstate or foreign commerce.)

(a) What a COLA authorizes. An approved TTB Form 5100.31 authorizes the bottling of malt beverages covered by the COLA, as long as the container bears labels identical to the labels appearing on the face of the COLA, or labels with changes authorized by TTB on the COLA or otherwise. The list of allowable changes can be found on the TTB website at https://www.ttb.gov.

(b) What a COLA does not do. Among other things, the issuance of a COLA does not:

(1) Confer trademark protection;

(2) Relieve the certificate holder from its responsibility to ensure that all ingredients used in the production of the malt beverage comply with applicable requirements of the U.S. Food and Drug Administration with regard to ingredient safety; or

(3) Relieve the certificate holder from liability for violations of the FAA Act, the Alcoholic Beverage Labeling Act, the Internal Revenue Code, or related regulations and rulings.

(i) The issuance of a COLA does not mean that TTB has verified the accuracy of any representations or claims made on the label with respect to the product in the container. It is the responsibility of the applicant to ensure that all information on the application is true and correct, and that all labeling representations and claims are truthful, accurate, and not misleading with respect to the product in the container.

(ii) A malt beverage may be mislabeled even when the label is covered by a COLA. For example, if the label on the container contains representations that are false or misleading when applied to the product in the container, the malt beverage is not labeled in accordance with the regulations in this part, even if it is covered by a COLA.

(c) When to obtain a COLA. The COLA must be obtained prior to bottling. No brewer or wholesaler may bottle malt beverages or remove malt beverages from the premises where bottled unless a COLA has been obtained.

(d) Application for a COLA. The bottler may apply for a COLA by submitting an application to TTB on Form 5100.31, in accordance with the instructions on the form. The bottler may apply for a COLA either electronically by accessing TTB's online system, COLAs Online, at https://www.ttb.gov,, or by submitting the paper form. For procedures regarding the issuance of COLAs, see part 13 of this chapter.

Requirements for Malt Beverages Imported in Containers

(a) Application requirement. Any person removing malt beverages in containers from customs custody for consumption must first apply for and obtain a COLA covering the malt beverages from the appropriate TTB officer.

(b) Release of malt beverages from customs custody. Malt beverages, imported in containers, are not eligible for release from customs custody for consumption, and no person may remove such malt beverages from customs custody for consumption, unless the person removing the malt beverages has obtained and is in possession of a COLA covering the malt beverages.

(c) Filing requirements. If filing electronically, the importer must file with U.S Customs and Border Protection (CBP), at the time of filing the customs entry, the TTB-assigned identification number of the valid COLA that corresponds to the label on the brand or lot of malt beverages being imported. If the importer is not filing electronically, the importer must provide a copy of the COLA to CBP at the time of entry. In addition, the importer must provide a copy of the applicable COLA, and proof of the certificate holder's authorization if applicable, upon request by the appropriate TTB officer or a customs officer.

(d) Scope of this section. The COLA requirement imposed by this section applies only to malt beverages that are removed for sale or any other commercial purpose. See 27 CFR 27.49, 27.74, and 27.75 for labeling exemptions applicable to certain imported samples of malt beverages.

(e) Relabeling in customs custody. Containers of malt beverages in customs custody that are required to be covered by a COLA but are not labeled in conformity with a COLA must be relabeled, under the supervision and direction of customs officers, prior to their removal from customs custody for consumption.

(f) State law. Paragraph (a) through (c) of this section apply only if the laws or regulations of the State in which the malt beverages are withdrawn require that all malt beverages sold or otherwise disposed of in such State be labeled in conformity with the requirements of subparts D through I of this part. A State requires that malt beverages be labeled in conformity with the requirements of subparts D through I of this part when the State has either adopted subparts D through I of this part in their entireties or has adopted requirements identical to those set forth in subparts D through I in this part. In accordance with §§ 7.3 and 7.4, malt beverages that are not subject to the COLA requirements of this section may still be subject to the substantive labeling provisions of subparts D through I of this part to the extent that the State into which the malt beverages are being shipped has similar State law or regulation.

(a) What a COLA authorizes. An approved TTB Form 5100.31 authorizes the use of the labels covered by the COLA on containers of malt beverages, as long as the container bears labels identical to the labels appearing on the face of the COLA, or labels with changes authorized by the form or otherwise authorized by TTB.

(b) What a COLA does not do. Among other things, the issuance of a COLA does not:

(1) Confer trademark protection;

(2) Relieve the certificate holder from its responsibility to ensure that all ingredients used in the production of the malt beverage comply with applicable requirements of the U.S. Food and Drug Administration with regard to ingredient safety; or

(3) Relieve the certificate holder from liability for violations of the FAA Act, the Alcoholic Beverage Labeling Act, the Internal Revenue Code, or related regulations and rulings.

(i) The issuance of a COLA does not mean that TTB has verified the accuracy of any representations or claims made on the label with respect to the product in the container. It is the responsibility of the applicant to ensure that all information on the application is true and correct and that all labeling representations and claims are truthful, accurate, and not misleading with respect to the product in the container.

(ii) Malt beverages may be mislabeled even when the label is covered by a COLA. For example, if the label on the container contains representations that are false or misleading when applied to the product in the container the malt beverage is not labeled in accordance with the regulations in this part, even if it is covered by a COLA.

(c) When to obtain a COLA. The COLA must be obtained prior to the removal of malt beverages in containers from customs custody for consumption.

(d) Application for a COLA. The person responsible for the importation of malt beverages must obtain approval of the labels by submitting an application to TTB on Form 5100.31. A person may apply for a COLA either electronically by accessing TTB's online system, COLAs Online, at TTB's website ( https://www.ttb.gov ) or by submitting the paper form. For procedures regarding the issuance of COLAs, see part 13 of this chapter.

Administrative Rules

A certificate holder must present the original or a paper or electronic copy of the appropriate COLA upon the request of any duly authorized representative of the United States Government.

(a) Prior to or in conjunction with the review of an application for a certificate of label approval (COLA) on TTB Form 5100.31, the appropriate TTB officer may require a bottler or importer to submit a formula, the results of laboratory testing of the malt beverage, or a sample of any malt beverage or ingredients used in producing a malt beverage. The appropriate TTB officer also may request such information after the issuance of such COLA or in connection with any malt beverage that is required to be covered by a COLA. A formula may be filed electronically by using Formulas Online, or it may be submitted on paper on TTB Form 5100.51. See § 7.11 for more information on forms and Formulas Online.

(b) Upon request of the appropriate TTB officer, a bottler or importer must submit a full and accurate statement of the contents of any container to which labels are to be or have been affixed, as well as any other documentation on any issue pertaining to whether the malt beverages are labeled in accordance with this part. TTB may also request such information after the issuance of such a COLA, or in connection with any malt beverage that is required to be covered by a COLA.

(a) General. Applicants for label approval may obtain permission from TTB to make certain changes in order to personalize labels without having to resubmit labels for TTB approval. Personalized labels may contain a personal message, picture, or other artwork that is specific to the consumer who is purchasing the product. For example, a brewer may offer individual or corporate customers labels that commemorate an event such as a wedding or grand opening.

(b) Application. Any person who intends to offer personalized labels must submit a template for the personalized label with the application for label approval, and must note on the application a description of the specific personalized information that may change.

(c) Approval of personalized label. If the application complies with the regulations, TTB will issue a certificate of label approval (COLA) with a qualification allowing the personalization of labels. The qualification will allow the certificate holder to add or change items on the personalized label such as salutations, names, graphics, artwork, congratulatory dates and names, or event dates without applying for a new COLA. All of these items on personalized labels must comply with the regulations of this part.

(d) Changes not allowed to personalized labels. Approval of an application to personalize labels does not authorize the addition of any information that discusses either the alcohol beverage or characteristics of the alcohol beverage or that is inconsistent with or in violation of the provisions of this part or any other applicable provision of law or regulations.

(a) Prohibition. It is unlawful for any person to alter, mutilate, destroy, obliterate or remove any mark, brand, or label on malt beverages in containers held for sale in interstate or foreign commerce, or held for sale after shipment in interstate or foreign commerce, except as authorized by § 7.42, § 7.43, or § 7.44, or as otherwise authorized by Federal law.

(b) Authorized relabeling. For purposes of the relabeling activities authorized by this subpart, the term “relabel” includes the alteration, mutilation, destruction, obliteration, or removal of any existing mark, brand, or label on the container, as well as the addition of a new label (such as a sticker that adds information about the product or information engraved on the container) to the container, and the replacement of a label with a new label bearing identical information.

(c) Obligation to comply with other requirements. Authorization to relabel under this subpart in no way authorizes the placement of labels on containers that do not accurately reflect the brand, bottler, identity, or other characteristics of the product; nor does it relieve the person conducting the relabeling operations from any obligation to comply the regulations in this part and with State or local law, or to obtain permission from the owner of the brand where otherwise required.

(a) Relabeling at brewery premises. Brewers may relabel domestically bottled malt beverages prior to removal from, and after return to bond at, the brewery premises, with labels covered by a certificate of label approval (COLA,) without obtaining separate permission from TTB for the relabeling activity.

(b) Relabeling after removal from brewery premises. Brewers may relabel domestically bottled malt beverages after removal from brewery premises with labels covered by a COLA, without obtaining separate permission from TTB for the relabeling activity.

(c) Relabeling in customs custody. Under the supervision of U.S. customs officers, imported malt beverages in containers in customs custody may be relabeled without obtaining separate permission from TTB for the relabeling activity. Such containers must bear labels covered by a COLA upon their removal from customs custody for consumption. See § 7.24(b).

(d) Relabeling after removal from customs custody. Imported malt beverages in containers may be relabeled by the importer thereof after removal from customs custody without obtaining separate permission from TTB for the relabeling activity, as long as the labels are covered by a COLA.

Any persons holding malt beverages for sale who need to relabel the containers but are not eligible to obtain a COLA to cover the labels that they wish to affix to the containers may apply for written permission for the relabeling of malt beverage containers. The appropriate TTB officer may permit relabeling of malt beverages in containers if the facts show that the relabeling is for the purpose of compliance with the requirements of this part or State law. The written application must include copies of the original and proposed new labels; the circumstances of the request, including the reason for relabeling; the number of containers to be relabeled; the location where the relabeling will take place; and the name and address of the person who will be conducting the relabeling operations.

Any label or other information that identifies the wholesaler, retailer, or consumer of the malt beverage may be added to containers (by the addition of stickers, engraving, stenciling, etc.) without prior approval from the appropriate TTB officer and without being covered by a certificate of label approval. Such information may be added before or after the containers are removed from brewery premises or released from customs custody. The information added:

(a) May not violate the provisions of subparts F, G, and H of this part;

(b) May not contain any reference to the characteristics of the product; and

(c) May not be added to the container in such a way that it obscures any other label on the container.

(a) General rule. Except as otherwise provided in paragraph (b) of this section, any label that is not an integral part of the container must be affixed to the container in such a way that it cannot be removed without thorough application of water or other solvents.

(b) Exception for keg labels. A label on a keg with a capacity of 10 gallons or more that is in the form of a keg collar or tap cover is not required to be firmly affixed, provided that the name of the bottler of the malt beverage is permanently or semi-permanently stated on the keg in the form of embossing, engraving, stamping, or through the use of a sticker or ink jet method. This section in no way affects the requirements of part 16 of this chapter regarding the mandatory health warning statement.

(a) Readily legible. Mandatory information on labels must be readily legible to potential consumers under ordinary conditions.

(b) Separate and apart. Mandatory information on labels, except brand names, must be separate and apart from any additional information. This does not preclude the addition of brief optional phrases of additional information as part of the class or type designation (such as “premium malt beverage”), the name and address statement (such as “Proudly brewed and bottled by ABC Brewing Co. in Pittsburgh, PA, for over 30 years”), or other information required by § 7.63(a) as long as the additional information does not detract from the prominence of the mandatory information. The statements required by § 7.63(b) may not include additional information.

(c) Contrasting background. Mandatory information must appear in a color that contrasts with the background on which it appears, except that if the net contents or the name and address are blown into a glass container, they need not be contrasting. The color of the container and of the malt beverages must be taken into account if the label is transparent or if mandatory label information is etched, engraved, sandblasted, or otherwise carved into the surface of the container or is branded, stenciled, painted, printed, or otherwise directly applied on to the surface of the container. Examples of acceptable contrasts are:

(1) Black lettering appearing on a white or cream background; or

(2) White or cream lettering appearing on a black background.

(d) Capitalization. Except for the aspartame statement when required by § 7.63(b)(4), which must appear in all capital letters, mandatory information may appear in all capital letters, in all lower case letters, or in mixed-case using both capital and lower-case letters.

All capital and lowercase letters in statements of mandatory information on labels must meet the following type size requirements.

(a) Minimum type size—(1) Containers of more than one-half pint. All mandatory information (including the alcohol content statement) must be in script, type, or printing that is at least two millimeters in height.

(2) Containers of one-half pint or less. All mandatory information (including the alcohol content statement) must be in script, type, or printing that is at least one millimeter in height.

(b) Maximum type size for alcohol content statement—(1) Containers of more than 40 fluid ounces. The alcohol content statement may not appear in script, type, or printing that is more than four millimeters in height on containers of malt beverages of more than 40 fluid ounces.

(2) Containers of 40 fluid ounces or less. The alcohol content statement may not appear in script, type, or printing that is more than three millimeters in height on containers of malt beverages of 40 fluid ounces or less.

Mandatory information on a label must be readily visible and may not be covered or obscured in whole or in part. See § 7.62 for rules regarding packaging of containers (including cartons, coverings, and cases). See part 14 of this chapter for regulations pertaining to advertising materials.

(a) General. Mandatory information must appear in the English language, with the exception of the brand name and except as provided in paragraphs (c) and (d) of this section.

(b) Foreign languages. Additional statements in a foreign language, including translations of mandatory information that appears elsewhere in English on the label, are allowed on labels and containers as long as they do not in any way conflict with, or contradict, the requirements of this part.

(c) Malt beverages for consumption in the Commonwealth of Puerto Rico. Mandatory information may be stated solely in the Spanish language on labels of malt beverages bottled for consumption within the Commonwealth of Puerto Rico.

(d) Exception for country of origin statements. The country of origin statement for malt beverages may appear in a language other than English when allowed by U.S. Customs and Border Protection regulations.

Information (other than mandatory information) that is truthful, accurate, and specific, and that does not violate subpart F, G, or H of this part, may appear on labels. Such additional information may not conflict with, modify, qualify or restrict mandatory information in any manner.

(a) Label. Certain information, as outlined in § 7.63, must appear on a label. When used in this part for purposes of determining where mandatory information must appear, the term “label” includes:

(1) Material affixed to the container, whether made of paper, plastic, film, or other matter;

(2) For purposes of the net contents statement and the name and address statement only, information blown, embossed, or molded into the container as part of the process of manufacturing the container;

(3) Information etched, engraved, sandblasted, or otherwise carved into the surface of the container;

(4) Information branded, stenciled, painted, printed, or otherwise directly applied on to the surface of the container; and

(5) Information on a keg collar or a tap cover of a keg, only if it includes mandatory information that is not repeated elsewhere on a label firmly affixed to the container and only if it meets the requirements of § 7.51.

(b) Information appearing elsewhere on the container. Information appearing on the following parts of the container is subject to all of the restrictions and prohibitions set forth in subparts F, G and H of this part, but will not satisfy any requirements for mandatory information that must appear on labels in this part:

(1) Material affixed to, or information appearing on, the bottom surface of the container;

(2) Caps, corks, or other closures unless authorized to bear mandatory information by the appropriate TTB officer; and

(3) Foil or heat shrink bottle capsules.

(c) Materials not firmly affixed to the container. Any materials that accompany the container to the consumer but are not firmly affixed to the container, including booklets, leaflets, and hang tags, are not “labels” for purposes of this part. Such materials are instead subject to the advertising regulations in part 14 of this chapter.

(a) General. The term “packaging” includes any covering, carton, case, carrier, or other packaging of malt beverage containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Prohibition. Any packaging of malt beverage containers may not contain any statement, design, device, or graphic, pictorial, or emblematic representation that violates the provisions of subpart F, G, or H of this part.

(c) Requirements for closed packaging. If containers are enclosed in closed packaging, including sealed opaque coverings, cartons, cases, carriers, or other packaging used for sale at retail, such packaging must bear all mandatory label information required on the label under § 7.63.

(1) Packaging is considered closed if the consumer must open, rip, untie, unzip, or otherwise manipulate the package to remove the container in order to view any of the mandatory information.

(2) Packaging is not considered closed if a consumer could view all of the mandatory information on the container by merely lifting the container up, or if the packaging is transparent or designed in a way that all of the mandatory information can be easily read by the consumer without having to open, rip, untie, unzip, or otherwise manipulate the package.

(d) Packaging that is not closed. The following requirements apply to packaging that is not closed.

(1) The packaging may display any information that is not in conflict with the label on the container that is inside the packaging.

(2) If the packaging displays a brand name, it must display the brand name in its entirety. For example, if a brand name is required to be modified with additional information on the container, the packaging must also display the same modifying language.

(3) If the packaging displays a class or type designation it must be identical to the class or type designation appearing on the container. For example, if the packaging displays a class or type designation for a specialty product for which a statement of composition is required on the container, the packaging must include the statement of composition as well.

(e) Labeling of containers within the packaging. The container within the packaging is subject to all labeling requirements of this part, including mandatory labeling information requirements, regardless of whether the packaging bears such information.

(a) Mandatory information. Malt beverage containers must bear a label or labels (as defined in § 7.61(a)) containing the following information:

(1) Brand name, in accordance with § 7.64;

(2) Class, type, or other designation, in accordance with subpart I of this part;

(3) Alcohol content, in accordance with § 7.65, for malt beverages that contain any alcohol derived from added nonbeverage flavors or other added nonbeverage ingredients (other than hops extract) containing alcohol;

(4) Name and address of the bottler or importer (which may be blown, embossed, or molded into the container as part of the process of manufacturing the container), in accordance with § 7.66, § 7.67, or § 7.68 as applicable; and

(5) Net contents (which may be blown, embossed, or molded into the container as part of the process of manufacturing the container), in accordance with § 7.70.

(b) Disclosure of certain ingredients. Certain ingredients must be declared on a label without the inclusion of any additional information as part of the statement as follows:

(1) FD&C Yellow No. 5. If a malt beverage contains the coloring material FD&C Yellow No. 5, the label must include a statement to that effect, such as “FD&C Yellow No. 5” or “Contains FD&C Yellow No. 5.”

(2) Cochineal extract or carmine. If a malt beverage contains the color additive cochineal extract or the color additive carmine, the label must include a statement to that effect, using the respective common or usual name (such as, “contains cochineal extract” or “contains carmine”). This requirement applies to labels when either of the coloring materials is used in a malt beverage that is removed from bottling premises or from customs custody on or after April 16, 2013.

(3) Sulfites. If a malt beverage contains 10 or more parts per million of sulfur dioxide or other sulfiting agent(s) measured as total sulfur dioxide, the label must include a statement to that effect. Examples of acceptable statements are “Contains sulfites” or “Contains (a) sulfiting agent(s)” or a statement identifying the specific sulfiting agent. The alternative terms “sulphites” or “sulphiting” may be used.

(4) Aspartame. If the malt beverage contains aspartame, the label must include the following statement, in capital letters, separate and apart from all other information: “PHENYLKETONURICS: CONTAINS PHENYLALANINE.”

(a) Requirement. The malt beverage label must include a brand name. If the malt beverage is not sold under a brand name, then the name of the bottler or importer, as applicable, appearing in the name and address statement is treated as the brand name.

(b) Misleading brand names. Labels may not include any misleading brand names. A brand name is misleading if it creates (by itself or in association with other printed or graphic matter) any erroneous impression or inference as to the age, origin, identity, or other characteristics of the malt beverage. A brand name that would otherwise be misleading may be qualified with the word “brand” or with some other qualification if the appropriate TTB officer determines that the qualification dispels any misleading impression that might otherwise be created.

(a) General. Alcohol content and the percentage and quantity of the original gravity or extract may be stated on any malt beverage label. When alcohol content is stated, it must be stated as prescribed in paragraph (b) of this section.

(b) How the alcohol content must be expressed. The following rules apply to both mandatory and optional statements of alcohol content.

(1) A statement of alcohol content must be expressed as a percentage of alcohol by volume and not by proof, by a range, or by maximums or minimums. Other truthful, accurate, and specific factual representations of alcohol content, such as alcohol by weight, may be made, as long as they appear together with, and as part of, the statement of alcohol content as a percentage of alcohol by volume.

(2) For malt beverages containing one half of one percent (0.5 percent) or more alcohol by volume, statements of alcohol content must be expressed to the nearest one-tenth of a percentage point, subject to the tolerance permitted by paragraph (c) of this section. For malt beverages containing less than one half of one percent alcohol by volume, alcohol content may be expressed either to the nearest one-tenth or the nearest one-hundredth of a percentage point, and such statements are not subject to any tolerance. See paragraph (e) of this section for the rules applicable to such statements.

(3)(i) The alcohol content statement must be expressed in one of the following formats:

(A) “Alcohol __ percent by volume”;

(B) “__ percent alcohol by volume”; or

(C) “Alcohol by volume: __ percent.”

(ii) Any of the words or symbols may be enclosed in parentheses and authorized abbreviations may be used with or without a period. The alcohol content statement does not have to appear with quotation marks.

(4) The statements listed in paragraph (b)(3) of this section must appear as shown, except that the following abbreviations may be used: Alcohol may be abbreviated as “alc”; percent may be represented by the percent symbol “%”; alcohol and volume may be separated by a slash “/” in lieu of the word “by”; and volume may be abbreviated as “vol”.

(5) Examples. The following are examples of alcohol content statements that comply with the requirements of this part:

(i) “4.2% alc/vol”;

(ii) “Alc. 4.0 percent by vol.”;

(iii) “Alc 4% by vol”; and

(iv) “5.9% Alcohol by Volume.”

(c) Tolerances. Except as provided by paragraph (d) of this section, a tolerance of up to one percentage point will be permitted, either above or below the stated alcohol content, for malt beverages containing 0.5 percent or more alcohol by volume. However, any malt beverage that is labeled as containing 0.5 percent or more alcohol by volume may not contain less than 0.5 percent alcohol by volume, regardless of any tolerance. The tolerance provided by this paragraph does not apply in determining compliance with the provisions of § 7.5 regarding the percentage of alcohol derived from added nonbeverage flavors and other nonbeverage ingredients containing alcohol.

(d) Low alcohol and reduced alcohol. The terms “low alcohol” or “reduced alcohol” may be used only on labels of malt beverages containing less than 2.5 percent alcohol by volume. The actual alcohol content may not equal or exceed 2.5 percent alcohol by volume, regardless of any tolerance permitted by paragraph (c) of this section.

(e) Non-alcoholic. The term “non-alcoholic” may be used on labels of malt beverages only if the statement “contains less than 0.5 percent (or 0.5%) alcohol by volume” appears immediately adjacent to it, in readily legible printing, and on a completely contrasting background. No tolerances are permitted for malt beverages labeled as “non-alcoholic” and containing less than 0.5 percent alcohol by volume. A malt beverage may not be labeled with an alcohol content of 0.0 percent alcohol by volume, unless it is also labeled as “alcohol free” in accordance with paragraph (f) of this section, and contains no alcohol.

(f) Alcohol free. The term “alcohol free” may be used only on malt beverages containing no alcohol. No tolerances are permitted for “alcohol free” malt beverages.

(a) General. Domestically bottled malt beverages that were wholly fermented in the United Sates and contain no imported malt beverages must be labeled in accordance with this section. (See §§ 7.67 and 7.68 for name and address requirements applicable to malt beverages that are not wholly fermented in the United States.)

(b) Mandatory statement. A label on the container must state the name and address of the bottler, in accordance with the rules set forth in this section.

(c) Form of address. The address consists of the city and State and must be consistent with the information reflected on the brewer's notice required under part 25 of this chapter. Addresses may, but are not required to, include additional information such as street names, counties, zip codes, phone numbers, and website addresses. The postal abbreviation of the State name may be used; for example, California may be abbreviated as CA.

(d) Optional statements. The bottler may, but is not required to, be identified by a phrase describing the function performed by that person, such as “bottled by,” “canned by,” “packed by,” or “filled by,” followed by the name and address of the bottler. If one person performs more than one function, the label may so indicate (for example, “brewed and bottled by XYZ Brewery.”) If different functions are performed by more than one person, statements on the label may not create the misleading impression that the different functions were performed by the same person. The appropriate TTB officer may require specific information about the functions performed if necessary to prevent a misleading impression on the label.

(e) Principal place of business. The bottler's principal place of business may be shown in lieu of the actual place where the malt beverage was bottled if the address shown is a location where a bottling operation takes place. The appropriate TTB officer may disapprove the listing of a principal place of business if its use would create a false or misleading impression as to the geographic origin of the malt beverage. See 27 CFR 25.141 and 25.142 for coding requirements applicable in these circumstances.

(f) Multiple breweries under the same ownership. If two or more breweries are owned or operated by the same person, the place where the malt beverage is bottled within the meaning of paragraph (a) of this section may be shown in one of the following two ways:

(1) Listing of where bottled. The place where the malt beverage is bottled may be shown as the only location on the label; or

(2) Listing of all brewer's locations. The place where the malt beverage is bottled may appear in a listing of the locations of breweries owned by that person if the place of bottling is not given less emphasis than any of the other locations. See 27 CFR 25.141 and 25.142 for coding requirements applicable in these circumstances.

(g) Malt beverages bottled for another person. (1) If malt beverages are brewed and bottled for another person, the label may state, in addition to (but not in lieu of) the name and address of the bottler, the name and address of such other person, immediately preceded by the words “brewed and bottled for” or “bottled for” or another similar appropriate phrase. Such statements must clearly indicate the relationship between the two persons (for example, contract brewing).

(2) If the same brand of malt beverage is brewed and bottled by two or more breweries that are not under the same ownership, the label for each brewery may set forth all the locations where bottling takes place, as long as the label uses the actual location (and not the principal place of business) and as long as the nature of the arrangement is clearly set forth.

(h) Use of trade names. The name of the person appearing on the label may be the trade name or the operating name, as long as it is identical to a trade or operating name appearing on the brewer's notice, and as long as use of that name would not create a misleading impression as to the age, origin, or identity of the product. For example, if a brewery authorizes the use of its trade name by another brewery that is not under the same ownership, that trade name may not be used on a label in a way that tends to mislead consumers as to the identity or location of the bottler.

(a) General. This section applies to domestically bottled malt beverages that were bottled after importation. See § 7.68 for name and address requirements applicable to imported malt beverages that are imported in a container. See 19 CFR parts 102 and 134 for U.S. Customs and Border Protection country of origin marking requirements.

(b) Malt beverages that were subject to blending or other production activities after importation. Malt beverages that were subject, after importation, to blending or other production may not bear an “imported by” statement on the label, but must instead be labeled in accordance with the rules set forth in § 7.66 with regard to mandatory and optional labeling statements.

(c) Malt beverages bottled after importation without blending or other production activities. The label on malt beverages that are bottled without being subject to blending or other production activities in the United States after the malt beverages were imported state must state the words “imported by” or a similar appropriate phrase, followed by the name and address of the importer. The label must also state the words “bottled by” or “packed by,” followed by the name and address of the bottler, except that the following phrases are acceptable in lieu of the name and address of the bottler under the circumstances set forth below:

(1) If the malt beverages were bottled for the person responsible for the importation, the words “imported and bottled (canned, packed or filled) in the United States for” (or a similar appropriate phrase) followed by the name and address of the principal place of business in the United States of the person responsible for the importation;

(2) If the malt beverages were bottled by the person responsible for the importation, the words “imported and bottled (canned, packed or filled) in the United States by” (or a similar appropriate phrase) followed by the name and address of the principal place of business in the United States of the person responsible for the importation;

(3) In the situations set forth in paragraphs (c)(1) and (2) of this section, the address shown on the label may be that of the principal place of business of the importer who is also the bottler, provided that the address shown is a location where bottling takes place.

(d) Use of trade names. A trade name may be used if the trade name is listed on the importer's basic permit and if its use on the label would not create any misleading impression as to the age, origin, or identity of the product. In addition, the label may, but is not required to, state the name and principal place of business of the foreign manufacturer, bottler, or shipper.

(a) General. This section applies to malt beverages that are imported in a container, as defined in § 7.1. See § 7.67 for rules regarding name and address requirements applicable to malt beverages that are domestically bottled after importation. See 19 CFR parts 102 and 134 for U.S. Customs and Border Protection country of origin marking requirements.

(b) Mandatory labeling statement. The label on malt beverages imported in containers, as defined in § 7.1, must state the words “imported by” or a similar appropriate phrase, followed by the name and address of the importer.

(1) For purposes of this section, the importer is the holder of the importer's basic permit that either makes the original Customs entry or is the person for whom such entry is made, or the holder of the importer's basic permit that is the agent, distributor, or franchise holder for the particular brand of imported alcohol beverages and that places the order abroad.

(2) The address of the importer must be stated as the city and State of the principal place of business and must be consistent with the address reflected on the importer's basic permit. Addresses may, but are not required to, include additional information such as street names, counties, zip codes, phone numbers, and website addresses. The postal abbreviation of the State name may be used; for example, California may be abbreviated as CA.

(a) Pursuant to U.S. Customs and Border Protection (CBP) regulations at 19 CFR parts 102 and 134, a country of origin statement must appear on the container of malt beverages imported in containers or bottled in the United States after importation. Labeling statements with regard to the country of origin must be consistent with CBP regulations. The determination of the country (or countries) of origin, for imported malt beverages, as well as for blends of imported malt beverages with domestically fermented malt beverages, must comply with CBP regulations.

(b) It is the responsibility of the importer or bottler, as appropriate, to ensure compliance with the country of origin marking requirement, both when malt beverages are imported in containers and when imported malt beverages are subject to bottling, blending, or production activities in the United States. Industry members may seek a ruling from CBP for a determination of the country of origin for their product.

The following rules apply to the net contents statement required by § 7.63.

(a) The volume of malt beverage in the container must appear on a label as a net contents statement using the following measures:

(1) If less than one pint, the net contents must be stated in fluid ounces or fractions of a pint.

(2) If one pint, one quart, or one gallon, the net contents must be so stated.

(3) If more than one pint, but less than one quart, the net contents must be stated in fractions of a quart, or in pints and fluid ounces.

(4) If more than one quart, but less than one gallon, the net contents must be stated in fractions of a gallon, or in quarts, pints, and fluid ounces.

(5) If more than one gallon, the net contents must be stated in gallons and fractions thereof.

(b) All fractions must be expressed in their lowest denominations.

(c) Metric measures may be used in addition to, but not in lieu of, the U.S. standard measures and must appear in the same field of vision.

(a) Application. The labeling practices, statements, and representations in this subpart may be used on malt beverage labels only when used in compliance with this subpart. In addition, if any of the practices, statements, or representations in this subpart are used elsewhere on containers or in packaging, they must comply with the requirements of this subpart. For purposes of this subpart:

(1) The term “label” includes all labels on malt beverage containers on which mandatory information may appear, as set forth in § 7.61(a), as well as any other label on the container.

(2) The term “container” includes all parts of the malt beverage container, including any part of a malt beverage container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 7.61(b).

(3) The term “packaging” includes any carton, case, carrier, individual covering, or other packaging of such containers used for sale at retail, but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Statement or representation. For purposes of this subpart, the term “statement or representation” includes any statement, design, device, or representation, and includes pictorial or graphic designs or representations as well as written ones. The term “statement or representation” includes explicit and implicit statements and representations.

Food Allergen Labeling

(a) Definitions. For purposes of this section, the following terms have the meanings indicated.

(1) Major food allergen means any of the following:

(i) Milk, egg, fish (for example, bass, flounder, or cod), Crustacean shellfish (for example, crab, lobster, or shrimp), tree nuts (for example, almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or

(ii) A food ingredient that contains protein derived from a food specified in paragraph (a)(1)(i) of this section, except:

(A) Any highly refined oil derived from a food specified in paragraph (a)(1)(i) of this section and any ingredient derived from such highly refined oil; or

(B) A food ingredient that is exempt from major food allergen labeling requirements pursuant to a petition for exemption approved by the Food and Drug Administration (FDA) under 21 U.S.C. 343(w)(6) or pursuant to a notice submitted to the FDA under 21 U.S.C. 343(w)(7), provided that the food ingredient meets the terms or conditions, if any, specified for that exemption.

(2) Name of the food source from which each major food allergen is derived means the name of the food as listed in paragraph (a)(1)(i) of this section, except that:

(i) In the case of a tree nut, it means the name of the specific type of nut (for example, almonds, pecans, or walnuts);

(ii) In the case of Crustacean shellfish, it means the name of the species of Crustacean shellfish (for example, crab, lobster, or shrimp); and

(iii) The names “egg” and “peanuts,” as well as the names of the different types of tree nuts, may be expressed in either the singular or plural form, and the names “soy,” “soybean,” or “soya” may be used instead of “soybeans.”

(b) Voluntary labeling standards. Major food allergens used in the production of a malt beverage product may, on a voluntary basis, be declared on a label. However, if any one major food allergen is voluntarily declared, all major food allergens used in production of the malt beverage product, including major food allergens used as fining or processing agents, must be declared, except when covered by a petition for exemption approved by the appropriate TTB officer under § 7.83. The major food allergens declaration must consist of the word “Contains” followed by a colon and the name of the food source from which each major food allergen is derived (for example, “Contains: egg”).

(c) Cross reference. For mandatory labeling requirements applicable to malt beverage products containing FD&C Yellow No. 5, sulfites, aspartame, and cochineal extract or carmine, see § 7.63(b).

(a) Submission of petition. Any person may petition the appropriate TTB officer to exempt a particular product or class of products from the labeling requirements of § 7.82. The burden is on the petitioner to provide scientific evidence (as well as the analytical method used to produce the evidence) that demonstrates that the finished product or class of products, as derived by the method specified in the petition, either:

(1) Does not cause an allergic response that poses a risk to human health; or

(2) Does not contain allergenic protein derived from one of the foods identified in § 7.82(a)(1)(i), even though a major food allergen was used in production.

(b) Decision on petition. TTB will approve or deny a petition for exemption submitted under paragraph (a) of this section in writing within 180 days of receipt of the petition. If TTB does not provide a written response to the petitioner within that 180-day period, the petition will be deemed denied unless an extension of time for decision is mutually agreed upon by the appropriate TTB officer and the petitioner. TTB may confer with the Food and Drug Administration (FDA) on petitions for exemption, as appropriate and as FDA resources permit. TTB may require the submission of product samples and other additional information in support of a petition; however, unless required by TTB, the submission of samples or additional information by the petitioner after submission of the petition will be treated as the withdrawal of the initial petition and the submission of a new petition. An approval or denial under this section will constitute final agency action.

(c) Resubmission of a petition. After a petition for exemption is denied under this section, the petitioner may resubmit the petition along with supporting materials for reconsideration at any time. TTB will treat this submission as a new petition.

(d) Availability of information—(1) General. TTB will promptly post to its website ( https://www.ttb.gov ) all petitions received under this section as well as TTB's responses to those petitions. Any information submitted in support of the petition that is not posted to the TTB website will be available to the public pursuant to the Freedom of Information Act (5 U.S.C. 552), except where a request for confidential treatment is granted under paragraph (d)(2) of this section.

(2) Requests for confidential treatment of business information. A person who provides trade secrets or other commercial or financial information in connection with a petition for exemption under this section may request that TTB give confidential treatment to that information. A failure to request confidential treatment at the time the information in question is submitted to TTB will constitute a waiver of confidential treatment. A request for confidential treatment of information under this section must conform to the following standards:

(i) The request must be in writing;

(ii) The request must clearly identify the information to be kept confidential;

(iii) The request must relate to information that constitutes trade secrets or other confidential, commercial, or financial information regarding the business transactions of an interested person, the disclosure of which would cause substantial harm to the competitive position of that person;

(iv) The request must set forth the reasons why the information should not be disclosed, including the reasons the disclosure of the information would prejudice the competitive position of the interested person; and

(v) The request must be supported by a signed statement by the interested person, or by an authorized officer or employee of that person, certifying that the information in question is a trade secret or other confidential, commercial, or financial information and that the information is not already in the public domain.

Production and Other Claims

Use of the term “organic” is permitted if any such use complies with the United States Department of Agriculture (USDA) National Organic Program rules (7 CFR part 205), as interpreted by the USDA.

Statements related to environmental or sustainable agricultural practices, social justice principles, and other similar statements (such as, “Produced using 100% solar energy” or “Carbon Neutral”) may appear as long as the statements are truthful, specific and not misleading. Statements or logos indicating environmental, sustainable agricultural, or social justice certification (such as, “Biodyvin,” “Salmon-Safe,” or “Fair Trade Certified”) may appear on malt beverages that are actually certified by the appropriate organization.

(a) General. A malt beverage may be labeled with the term “draft” only if it complies with the requirements of paragraph (b)(1), (2), or (3) of this section. The word “draft” may be spelled “draft” or “draught.”

(b) Requirements. (1) Malt beverages in a container of one gallon or more that dispenses the malt beverages through a tap, spigot, faucet, or similar device may be described as draft.

(2) Malt beverages packaged in customary bottles or cans may be described as draft if they are unpasteurized and require refrigeration for preservation, or if the beer has been sterile filtered and aseptically filled (but not pasteurized).

(3) Malt beverages that have been pasteurized that are packaged in customary bottles or cans may be described as “draft brewed,” “draft beer flavor,” “old time on-tap taste,” or with a similar expression only if the word “pasteurized” appears conspicuously on the label or container.

(a) Application. The prohibitions set forth in this subpart apply to any malt beverage label, container, or packaging. For purposes of this subpart:

(1) The term “label” includes all labels on malt beverage containers on which mandatory information may appear, as set forth in § 7.61(a), as well as any other label on the container;

(2) The term “container” includes all parts of the malt beverage container, including any part of a malt beverage container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements as set forth in § 7.61(b); and

(3) The term “packaging” includes any carton, case, carrier, individual covering, or other packaging of such containers used for sale at retail but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Statement or representation. For purposes of the practices in this subpart, the term “statement or representation” includes any statement, design, device, or representation, and includes pictorial or graphic designs or representations as well as written ones. The term “statement or representation” includes explicit and implicit statements and representations.

Malt beverage labels, containers, or packaging may not contain any statement or representation that is false or untrue in any particular.

Malt beverage labels, containers, or packaging may not contain any statement or representation that is obscene or indecent.

(a) Application. The labeling practices that are prohibited if misleading set forth in this subpart apply to any malt beverage label, container, or packaging. For purposes of this subpart:

(1) The term “label” includes all labels on malt beverage containers on which mandatory information may appear, as set forth in § 7.61(a), as well as any other label on the container;

(2) The term “container” includes all parts of the malt beverage container, including any part of a malt beverage container on which mandatory information may appear, as well as those parts of the container on which information does not satisfy mandatory labeling requirements, as set forth in § 7.61(b); and

(3) The term “packaging” includes any carton, case, carrier, individual covering, or other packaging of such containers used for sale at retail but does not include shipping cartons or cases that are not intended to accompany the container to the consumer.

(b) Statement or representation. For purposes of this subpart, the term “statement or representation” includes any statement, design, device, or representation, and includes pictorial or graphic designs or representations as well as written ones. The term “statement or representation” includes explicit and implicit statements and representations.

(a) General prohibition. Malt beverage labels, containers, or packaging may not contain any statement or representation, irrespective of falsity, that is misleading to consumers as to the age, origin, identity, or other characteristics of the malt beverage, or with regard to any other material factor.

(b) Ways in which statements or representations may be misleading. (1) A statement or representation is prohibited, irrespective of falsity, if it directly creates a misleading impression or if it does so indirectly through ambiguity, omission, inference, or by the addition of irrelevant, scientific, or technical matter. For example, an otherwise truthful statement may be misleading because of the omission of material information, the disclosure of which is necessary to prevent the statement from being misleading.

(2) As set forth in § 7.212(b), all claims, whether implicit or explicit, must have a reasonable basis in fact. Any claim on malt beverage labels, containers, or packaging that does not have a reasonable basis in fact or cannot be adequately substantiated upon the request of the appropriate TTB officer is considered misleading.

Malt beverage labels, containers, or packaging may not contain any statement relating to guarantees if the appropriate TTB officer finds it is likely to mislead the consumer. However, money-back guarantees are not prohibited.

(a) General. Malt beverage labels, containers, or packaging may not contain any false or misleading statement that explicitly or implicitly disparages a competitor's product.

(b) Examples. (1) An example of an explicit statement that falsely disparages a competitor's product is “Brand X is not aged in oak barrels” when such statement is not true.

(2) An example of an implicit statement that disparages competitors' products in a misleading fashion is “We do not add arsenic to our malt beverage,” where such a claim is true but it may lead consumers to falsely believe that other brewers do add arsenic to their malt beverages.

(c) Truthful and accurate comparisons. This section does not prevent truthful and accurate comparisons between products (such as “Our ale contains more hops than Brand X”) or statements of opinion (such as “We think our beer tastes better than any other beer on the market”).

Malt beverage labels, containers, or packaging may not contain any statement or representation of or relating to analyses, standards, or tests, whether or not it is true, that is likely to mislead the consumer. An example of a misleading statement is “tested and approved by our research laboratories” if the testing and approval does not in fact have any significance.

(a) Representations of the armed forces or flags. Malt beverage labels, containers, or packaging may not show an image of any government's flag or any representation related to the armed forces of the United States if the representation, standing alone or considered together with any additional language or symbols on the label, creates a false or misleading impression that the product was endorsed by, made by, used by, or made under the supervision of the government represented by that flag or by the armed forces of the United States. This section does not prohibit the use of a flag as part of a claim of American origin or another country of origin.

(b) Government seals. Malt beverage labels, containers, or packaging may not contain any government seal or other insignia that is likely to create a false or misleading impression that the product has been endorsed by, made by, used by, or produced for, under the supervision of, or in accordance with the specification of that government. Seals required or specifically authorized by applicable law or regulations and used in accordance with such law or regulations are not prohibited.

Malt beverage labels, containers, or packaging may not contain any statements, images, or designs that mislead consumers to believe that the malt beverage is manufactured or processed under government authority. Malt beverage labels, containers, or packaging may not contain images or designs resembling a stamp of the U.S. Government or any State or foreign government, other than stamps authorized or required by this or any other government, and may not contain statements or indications that the malt beverage is produced, blended, bottled, packed, or sold under, or in accordance with any municipal, State, Federal, or foreign authorization, law, or regulations unless such statement is required or specifically authorized by applicable law or regulation. If a municipal, State, or Federal Government permit number is stated on malt beverage labels, containers, or packaging, it may not be accompanied by any additional statement relating to that permit number.

(a) General. Except as provided in paragraph (b) of this section, no malt beverage labels, containers, or packaging may contain a statement, design, or representation that tends to create a false or misleading impression that the malt beverage product is a distilled spirits or wine product, or that it contains distilled spirits or wine. For example, the use of the name of a class or type designation of a wine or distilled spirits product, as set forth in parts 4 and 5 of this chapter, is prohibited if the use of that name tends to create a false or misleading impression as to the identity of the product. Homophones or coined words that simulate or imitate a class or type designation are also prohibited.

(b) Exceptions. This section does not prohibit:

(1) A truthful and accurate statement of alcohol content;

(2) The use of a brand name of a wine or distilled spirits product as a malt beverage brand name, provided that the overall label does not create a misleading impression as to the identity of the product;

(3) The use of a cocktail name as a brand name or a distinctive or fanciful name of a malt beverage, provided that the overall labeling does not present a misleading impression about the identity of the product;

(4) The use of truthful and accurate statements about the production of the malt beverage as part of a statement of composition or otherwise, such as “aged in whisky barrels,” “fermented with grapes,” or “Beer brewed with chardonnay grapes” as long as such statements do not create a misleading impression as to the identity of the product;

(5) The use of the designation “barley (or wheat or rye) wine ale” or “barley (or wheat or rye) style wine ale”; or

(6) The use of terms that simply compare malt beverage products to wine or distilled spirits products without creating a misleading impression as to the identity of the product.

(a) Definitions. When used in this section, the following terms have the meaning indicated:

(1) Health-related statement means any statement related to health (other than the warning statement required under part 16 of this chapter) and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of alcohol, malt beverages, or any substance found within the malt beverage, and health benefits or effects on health. The term includes both specific health claims and general references to alleged health benefits or effects on health associated with the consumption of alcohol, a malt beverage, or any substance found within the malt beverage product, as well as health-related directional statements. The term also includes statements and claims that imply that a physical or psychological sensation results from consuming the alcohol beverage product, as well as statements and claims of nutritional value (for example, statements of vitamin content). Numerical statements of the calorie, carbohydrate, protein, and fat content of the product do not constitute claims of nutritional value.

(2) Specific health claim means a type of health-related statement that, expressly or by implication, characterizes the relationship of malt beverages, alcohol, or any substance found within the malt beverage, to a disease or health-related condition. Implied specific health claims include statements, symbols, vignettes, or other forms of communication that suggest, within the context in which they are presented, that a relationship exists between alcohol, malt beverages, or any substance found within the malt beverage, and a disease or health-related condition.

(3) Health-related directional statement means a type of health-related statement that directs or refers consumers to a third party or other source for information regarding the effects on health of malt beverage or alcohol consumption.

(b) Rules for malt beverage labels, containers, and packaging—(1) Health-related statements. In general, malt beverage labels, containers, or packaging may not contain any health-related statement that is untrue in any particular or tends to create a misleading impression as to the effects on health of alcohol consumption. TTB will evaluate such statements on a case-by-case basis and may require as part of the health-related statement a disclaimer or some other qualifying statement to dispel any misleading impression conveyed by the health-related statement.

(2) Specific health claims. (i) TTB will consult with the Food and Drug Administration (FDA) as needed on the use of specific health claims on labels, containers, or packaging. If FDA determines that the use of such a claim is a drug claim that is not in compliance with the requirements of the Federal Food, Drug, and Cosmetic Act, TTB will not approve the use of that specific health claim on the malt beverage label.

(ii) TTB will approve the use of a specific health claim on a malt beverage label only if the claim is truthful and adequately substantiated by scientific or medical evidence; is sufficiently detailed and qualified with respect to the categories of individuals to whom the claim applies; adequately discloses the health risks associated with both moderate and heavier levels of alcohol consumption; and outlines the categories of individuals for whom any levels of alcohol consumption may cause health risks. This information must appear as part of the specific health claim.

(3) Health-related directional statements. A health-related directional statement is presumed misleading unless it:

(i) Directs consumers in a neutral or other non-misleading manner to a third party or other source for balanced information regarding the effects on health of malt beverage or alcohol consumption; and

(ii)(A) Includes as part of the health-related directional statement the following disclaimer: “This statement should not encourage you to drink or to increase your alcohol consumption for health reasons”; or

(B) Includes as part of the health-related directional statement some other qualifying statement that the appropriate TTB officer finds is sufficient to dispel any misleading impression conveyed by the health-related directional statement.

(a) General. Malt beverage labels, containers, or packaging may not include the name, or the simulation or abbreviation of the name, of any living individual of public prominence or an existing private or public organization, or any graphic, pictorial, or emblematic representation of the individual or organization if its use is likely to lead a consumer to falsely 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, such individual or organization. This section does not prohibit the use of such names where the individual or organization has provided authorization for their use.

(b) Documentation. The appropriate TTB officer may request documentation from the bottler or importer to establish that the person or organization has provided authorization to use the name of that person or organization.

(c) Disclaimers. Statements or other representations do not violate this section if, taken as a whole, they create no misleading impression as to an implied endorsement either because of the context in which they are presented or because of the use of an adequate disclaimer.

Malt beverage labels, containers, or packaging may not contain the words “bonded,” “bottled in bond,” “aged in bond,” “bonded age,” “bottled under Customs supervision,” or other phrases containing these or synonymous terms that create a misleading impression as to governmental supervision over production or bottling.

(a) General. For purposes of this section, the term “strength claim” means a statement that directly or indirectly makes a claim about the alcohol content of the product. This section does not apply to the use of the terms “low alcohol,” “reduced alcohol,” “non-alcoholic,” and “alcohol-free” in accordance with § 7.65; to claims about low alcohol content in general; or to labeling with an alcohol content statement in accordance with § 7.65.

(b) Prohibition. The use of a strength claim on malt beverage labels, containers, or packaging is prohibited if it misleads consumers by implying that products should be purchased or consumed on the basis of higher alcohol strength. Examples of strength claims are “full strength,” “extra strength,” “high test,” and “high proof.”

(a) Products known to the trade. The class of the malt beverage must be stated on the label (see § 7.63). The type of the malt beverage may be stated, but is not required to appear on the label. Statements of class and type must conform to the designation of the product as known to the trade. All parts of the designation must appear together.

(b) Malt beverage specialty products—(1) General. A malt beverage specialty product is a malt beverage that does not fall under any of the class designations set forth in §§ 7.142 through 7.144 and is not known to the trade under a particular designation, usually because of the addition of ingredients such as colorings, flavorings, or food materials or the use of certain types of production processes where the appropriate TTB officer has not determined that such ingredients or processes are generally recognized as traditional in the production of a fermented beverage designated as “beer,” “ale,” “porter,” “stout,” “lager,” or “malt liquor.”

(2) Designation. A malt beverage specialty product must be designated with a distinctive or fanciful name, together with a statement of the composition of the product, in accordance with § 7.147. This statement will be considered the class designation for the purposes of this part. All parts of the designation must appear together.

The following class designations may be used in accordance with this section:

(a) Any malt beverage, as defined in § 7.1, may be designated simply as a “malt beverage.”

(b)(1) The class designations “beer,” “ale,” “porter,” “stout,” “lager,” and “malt liquor” may be used to designate malt beverages that contain at least 0.5 percent alcohol by volume and that conform to the trade understanding of those designations. These designations may be preceded or followed by descriptions of the color of the product (such as “amber,” “brown,” “red,” or “golden”) as well as descriptive terms such as “dry,” “export,” “cream,” and “pale.”

(2) No product other than a malt beverage fermented at a comparatively high temperature, possessing the characteristics generally attributed to “ale,” “porter,” or “stout” and produced without the use of coloring or flavoring materials (other than those recognized in standard brewing practices) may bear any of these class designations.

(c) The name “Pilsen” (or “Pilsener” or “Pilsner”) may be used as the class designation for beers produced in the Czech Republic or the United States without use of the word “type” or a similar qualifying statement. See § 7.106. The name also may be used as the class designation for beer produced outside of those countries, as long as it is qualified in accordance with the requirements of § 7.146.

The following special rules apply to specified class and type designations:

(a) Reconstituted malt beverages. Malt beverages that have been concentrated by the removal of water therefrom and reconstituted by the addition of water and carbon dioxide must for the purpose of this part be labeled in the same manner as malt beverages which have not been concentrated and reconstituted, except that there must appear immediately adjacent to, and as a part of, the class designation the statement “PRODUCED FROM ___ CONCENTRATE” (the blank to be filled in with the appropriate class designation). All parts of the class designation must appear in lettering of substantially the same size and kind. However, ice beers, described in paragraph (c) of this section, which are produced by the removal of less than 0.5 percent of the volume of the beer in the form of ice crystals and that retain beer character are not considered concentrated.

(b) Half and half. No product may be designated with the type designation “half and half” unless it is in fact composed of equal parts of two classes of malt beverages, the names of which are conspicuously stated immediately adjacent to the designation “half and half.” For example, “Half and Half, Porter and Stout.” This does not preclude the use of terms such as “half and half” as part of a distinctive or fanciful name that refers to flavors added to a malt beverage designated in accordance with trade understanding or with a statement of composition.

(c) Ice beer. Malt beverages supercooled during the brewing process to form ice crystals may be labeled with the type designation “ice” preceding the class designation (beer, ale, etc.).

(d) Black and tan. A product composed of two classes of malt beverages may be designated with the type designation “black and tan,” and the class and type designation is the names of the two classes of malt beverages in conjunction with “black and tan” (for example, “Black and Tan, Stout and Ale”).

(e) Wheat beer. Any “beer,” “ale,” “porter,” “stout,” “lager,” “malt liquor,” or other malt beverage made from a fermentable base that consists of at least 25 percent by weight malted wheat may be designated with the type designation “wheat” preceding the applicable class designation.

(f) Rye beer. Any “beer,” “ale,” “porter,” “stout,” “lager,” “malt liquor,” or other malt beverage made from a fermentable base that consists of at least 25 percent by weight malted rye may be designated with the type designation “rye” preceding the applicable class designation.

(g) Barley wine ale. The term “barley (or wheat or rye) wine ale” or “barley (or wheat or rye) wine style ale” may be used in accordance with trade understanding.

(h) Malt beverages aged in barrels—(1) General. Label designations for malt beverages aged in barrels or with woodchips, spirals, or staves derived from barrels may, but are not required to, include a description of how the product was aged. Thus, for example, acceptable designations for a standard beer aged in an oak barrel would include “beer,” “oak aged beer,” and “beer aged in an oak barrel.”

(2) Barrels previously used in the production or storage of wine or distilled spirits. Malt beverages aged in barrels previously used in the production or storage of wine or distilled spirits, or with woodchips, spirals, or staves derived from barrels previously used in the production or storage of wine or distilled spirits, or from woodchips previously used in the aging of distilled spirits or wine may, but are not required to, include a description of how the product was aged.

(i) Examples of acceptable designations for a standard beer aged in a wine barrel include “beer,” “beer aged in a wine barrel,” and “wine barrel aged beer.”

(ii) Examples of acceptable designations for an ale brewed with honey and aged in a bourbon barrel include “honey ale” and “bourbon barrel aged honey ale” but not simply “ale” or “bourbon barrel aged ale.”

(3) Misleading designations. Designations that create a misleading impression as to the identity of the product by emphasizing certain words or terms are prohibited. As set forth in § 7.122, malt beverage labels may not include misleading representations that imply that a malt beverage contains distilled spirits or wine or is a distilled spirits or wine product. Examples of designations that would be prohibited under this provision are “bourbon ale,” “bourbon-flavored lager,” “Chardonnay lager,” or “lager with whisky flavors.”

(i) Other designations. Other type designations (such as “milk” preceding the class designation “stout”) may be applied in conformance with trade understanding.

(a) General. Any malt beverage that has been fermented or flavored only with one or more ingredients (such as honey or certain fruits) that the appropriate TTB officer has determined are generally recognized as traditional ingredients in the production of a fermented beverage designated as “beer,” “ale,” “porter,” “stout,” “lager,” or “malt liquor” may be labeled in accordance with trade understanding following the rules set forth in this section.

(1) A list of such traditional ingredients may be found on the TTB website ( https://www.ttb.gov ).

(2) If the malt beverage has also been fermented or flavored with ingredients that the appropriate TTB officer has not determined are generally recognized as traditional ingredients in the production of a fermented beverage designated as “beer,” “ale,” “porter,” “stout,” “lager,” or “malt liquor,” it is a malt beverage specialty and must be labeled in accordance with the statement of composition rules in § 7.147

(b) Rules for designation. (1) A designation in accordance with trade understanding must identify the base product, such as “malt beverage,” “beer,” “ale,” “porter,” “stout,” “lager,” or “malt liquor” along with a modifier or explanation that provides the consumer with adequate information about the fruit, honey, or other food ingredient used in production of the malt beverage. The label may include additional information about the production process (such as “beer fermented with cherry juice”).

(2) Where more than one exempted ingredient is included, a designation in accordance with trade understanding may identify each ingredient (such as “Ale with cherry juice, cinnamon, and nutmeg”), refer to the ingredients by category (such as “Fruit ale,” “Spiced ale,” or “Ale with natural flavors”), or simply include the ingredient or ingredients that the bottler or importer believes best identify the product (such as “Cherry ale,” “Cinnamon ale,” or “Nutmeg ale”). The designation must distinguish the product from a malt beverage, beer, ale, porter, stout, lager, or malt liquor that is not brewed or flavored with any of these ingredients; thus, unmodified designations such as “beer,” “stout,” or “ale” would not be acceptable.

(c) Other requirements. All parts of the designation must appear together and must be readily legible on a contrasting background. Designations that create a misleading impression as to the identity of the product by emphasizing certain words or terms are prohibited.

(a) Products containing less than one-half of 1 percent (0.5%) of alcohol by volume must bear the class designation “malt beverage,” “cereal beverage,” or “near beer.”

(b) If the designation “near beer” is used, both words must appear in the same size and style of type, in the same color of ink, and on the same background.

(c) No product containing less than one-half of 1 percent of alcohol by volume may bear the class designations “beer,” “lager beer,” “lager,” “ale,” “porter,” “stout,” or any other class or type designation commonly applied to malt beverages containing one-half of 1 percent or more of alcohol by volume.

(a) General. Except as provided further in paragraphs (b) through (e) of this section, any geographical name that may be interpreted as designating the origin of the malt beverage may not be used unless it is a truthful representation as to the origin of the malt beverage.

(b) Generic names. The appropriate TTB officer may find certain geographic names of types of malt beverages to be generic if they have lost their geographic significance through use and common knowledge. Generic names may be used to designate a malt beverage regardless of its origin. TTB publishes a list of generic names on its website ( https://www.ttb.gov ). The following are examples of names that have been found to be generic: India Pale Ale, Scotch ale (Scottish ale), and Russian Imperial Stout (Imperial Russian Stout).

(c) Brand names. A geographical name may be used as part of the brand name for a product that does not come from the geographical area named in the brand as long as the name is qualified with the word “brand” or with some other qualification that is adequate to dispel any misleading impression that might otherwise be created in accordance with § 7.64.

(d) References to types and styles. (1) A geographical name may be used on a label to precede a class designation where the name refers to a particular type or style of product rather than the geographical origin of the malt beverage, under the following conditions:

(i) The word “type” or “style” appears immediately adjacent to, and in type size at least half as large as, the geographical name (such as “Irish style ale”); or some other statement indicating the true place of production appears in the same field of vision as, and in type size at least half as large as, the geographical name (such as “Irish ale—brewed in California” or “American Vienna lager”); and

(ii) The malt beverage to which the name is applied conforms to the type or style so designated.

(2) The following are examples of references to types or styles of malt beverages: Dortmund, Dortmunder, Vienna, Wien, Wiener, Bavarian, Munich, Munchner, Salvator, Kulmbacher, Wurtzburger, and California Common. These names of types or styles of malt beverages may be used in addition to, but not in lieu of, a class designation (for example, “Vienna style Beer,” “Bavarian Stout—Brewed in the United States,” or “California Common Lager—Brewed in Michigan”).

(3) The words “type” or “style” may also be used to designate malt beverages that are manufactured in the geographic area indicated by the name (such as “German style Dortmunder beer” or “Vienna beer—an Austrian type of malt beverage”) as long as the label does not create confusion as to the origin of the malt beverage. Such products may also be designated without the words “type” or “style” (for example, “Dortmunder beer” or “Vienna beer”) for products that originate in the geographical area named.

(e) Pilsen or Pilsener or Pilsner. The name “Pilsen” (or “Pilsener” or “Pilsner”) has not been recognized as generic, but it may be used to designate beers produced in the Czech Republic or the United States without use of the word “type” or a similar qualifying statement and without an additional class or type designation. See § 7.102(c).

(a) A statement of composition is required to appear on the label for malt beverage specialty products, as defined in § 7.141(b), which are not known to the trade under a particular designation. For example, the addition of flavoring materials, colors, or artificial sweeteners may change the class and type of the malt beverage. The statement of composition along with a distinctive or fanciful name serves as the class and type designation for these products.

(b) When required by this part, a statement of composition must contain all of the following information, as applicable:

(1) Identify the base class and/or type designation. The statement of composition must clearly identify the base class and/or type designation of the malt beverage product (e.g., “beer,” “lager beer,” “lager,” “ale,” “porter,” “stout,” or “malt beverage”).

(2) Identify added flavoring material(s) used before, during, and after fermentation. The statement of composition must disclose fermentable or non-fermentable flavoring materials added to the malt beverage base class.

(i) If the flavoring material is used before or during the fermentation process, the statement of composition must indicate that the malt beverage was fermented or brewed with the flavoring material (such as “Beer Fermented with grapefruit juice” or “Grapefruit Ale”). If the flavoring material is added after fermentation, the statement of composition must describe that process, using terms such as “added,” “with,” “infused,” or “flavored” (such as “Grapefruit-flavored ale.”)

(ii) If a single flavoring material is used in the production of the malt beverage product, the flavoring material may be specifically identified (such as “Ale Fermented with grapefruit juice”) or generally referenced (such as “Ale with natural flavor”). If two or more flavoring materials are used in the production of the malt beverage, each flavoring material may be specifically identified (such as “lemon juice, kiwi juice” or “lemon and kiwi juice”) or the characterizing flavoring material may be specifically identified and the remaining flavoring materials may be generally referenced (such as “kiwi and other natural and artificial flavor(s)”), or all flavors may be generally referenced (such as “with artificial flavors”). (Note: TTB Procedure XXXX-XX, available on the TTB website ( https://www.ttb.gov ), provides guidance on the use of the terms “natural” and “artificial” when referencing flavoring materials.)

(3) Identify Added Coloring Material(s). The statement of composition must disclose the addition of coloring material(s), whether added directly or through flavoring material(s). The coloring materials may be identified specifically (such as “caramel color,” “FD&C Red #40,” “annatto,” etc.) or as a general statement, such as “Contains certified color” for colors approved under 21 CFR subpart 74 or “artificially colored” to indicate the presence of any one or a combination of coloring material(s). However, FD&C Yellow No. 5, carmine, and cochineal extract require specific disclosure in accordance with § 7.63(b)(1) and (2) and that specific disclosure may appear either in the statement of composition or elsewhere in accordance with those sections.

(4) Identify added artificial sweeteners. The statement of composition must disclose any artificial sweetener that is added to a malt beverage product, whether the artificial sweetener is added directly or through flavoring material(s). The artificial sweetener may be identified specifically by either generic name or trademarked brand name, or as a general statement (such as “artificially sweetened”) to indicate the presence of any one or combination of artificial sweeteners. However, if aspartame is used, an additional warning statement is required in accordance with § 7.63(b)(4).

(a) Certificates of label approval (COLAs). Upon request by the appropriate TTB officer, a bottler or importer must provide evidence of label approval for a label used on a container of malt beverages that is subject to the COLA requirements of this part. This requirement may be satisfied by providing original COLAs, photocopies, or electronic copies of COLAs, or records showing the TTB Identification number assigned to the approved COLA. TTB may request such information for a period of five years from the date that the products covered by the COLAs were removed from the bottler's premises or from customs custody, as applicable.

(b) Labels with revisions. Where labels on containers reflect revisions to the approved label that have been made in compliance with allowable revisions authorized by TTB Form 5100.31 or otherwise authorized by TTB, the bottler or importer must, upon request by the appropriate TTB officer, identify the COLA covering the product if the product is required to be covered by a COLA. TTB may request such information for a period of five years from the date that the products covered by the COLA were removed from the bottler's premises or from customs custody, as applicable.

(c) Other recordkeeping requirements under this part. See § 7.26 for other recordkeeping requirements under this part.

(a) Application. The substantiation requirements of this section apply to any claim made on any label or container subject to the requirements of this part.

(b) Reasonable basis in fact. All claims, whether implicit or explicit, must have a reasonable basis in fact. Claims that contain express or implied statements regarding the amount of support for the claim (such as “tests prove” or “studies show”) must have the level of substantiation that is claimed. Any labeling claim that does not have a reasonable basis in fact or cannot be adequately substantiated upon the request of the appropriate TTB officer will be considered misleading within the meaning of § 7.122(b)(2).

(c) Evidence that claims are adequately substantiated. The appropriate TTB officer may request that bottlers and importers provide evidence that labeling claims are adequately substantiated at any time within a period of five years from the time the malt beverages were removed from the bottling premises or from customs custody, as applicable.

Criminal penalties.

A violation of the labeling provisions of 27 U.S.C. 205(e) is punishable as a misdemeanor. See 27 U.S.C. 207 for the statutory provisions relating to criminal penalties, consent decrees, and injunctions.

A basic permit is conditioned upon compliance with the requirements of 27 U.S.C. 205, including the labeling provisions of this part. A willful violation of the conditions of a basic permit provides grounds for the revocation or suspension of the permit, as applicable, as set forth in part 1 of this chapter.

Pursuant to 27 U.S.C. 207, the appropriate TTB officer is authorized, with respect to any violation of 27 U.S.C. 205, to compromise the liability arising with respect to such violation upon payment of a sum not in excess of $500 for each offense, to be collected by the appropriate TTB officer and to be paid into the Treasury as miscellaneous receipts.

(a) Purpose. This subpart displays the control numbers assigned to information collection requirements in this part by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995, Public Law 104-13.

(b) Chart. The following chart identifies each section in this part that contains an information collection requirement and the OMB control number that is assigned to that information collection requirement.

14.0

Applicability.

Subpart A—General Provisions

14.1

Definitions.

14.2

Territorial extent.

14.3

Delegations of the Administrator's authorities.

14.4

General requirements under the Federal Alcohol Administration Act.

14.5

Legibility of mandatory information.

14.6

Mandatory statements.

Subpart B—Rules Related to Specific Practices in Advertisements

14.11

Statements and representations in advertisements.

14.12

Regulated practices.

14.13

Prohibited practices.

14.14

Misleading statements or representations.

14.15

Additional rules for wine.

14.16

Additional rules for distilled spirits.

14.17

Additional rules for malt beverages.

Subpart C—Penalties and Compromise of Liability

14.21

Criminal penalties.

14.22

Conditions of basic permit.

14.23

Compromise.

Subpart D—Paperwork Reduction Act

14.31

OMB control numbers assigned under the Paperwork Reduction Act.

(a) General. Except as otherwise provided in paragraph (b) of this section, the provisions of this part prescribe rules under section 105(f) of the Federal Alcohol Administration Act for the advertising of wine, distilled spirits, and malt beverages.

(b) Malt beverages. The provisions of this part apply to the advertising of malt beverages intended to be sold or shipped or delivered for shipment, or otherwise introduced into or received in any State from any place outside the State, only to the extent that the laws or regulations of such State impose similar requirements with respect to the advertising of malt beverages sold within that State.

Administrator. The Administrator, Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury.

Advertisement or Advertising. The term “advertisement” or “advertising” includes any written or verbal statement, illustration, or depiction that is in, or calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, whether it appears in a newspaper, magazine, trade booklet, menu, wine card, leaflet, circular, mailer, book insert, catalog, promotional material, sales pamphlet, internet or other electronic site or social network, or any written, printed, graphic, or other matter (such as hang tags) accompanying, but not firmly affixed to, the container, representations made on shipping cases, or in any billboard, sign, or other outdoor display, public transit card, other periodical literature, and publication, or in a radio or television broadcast, or in any other media. However, the term “advertisement” does not include:

(1) Any label, container, or packaging that is subject to the provisions of part 4, 5 or 7 of this chapter; or

(2) Any editorial or other reading material (such as a release) in any periodical or publication or newspaper, for the publication of which no money or valuable consideration or a thing of value is paid or promised, directly or indirectly, by any permittee or brewer, and which is not written by or at the direction of a permittee or brewer.

Appropriate TTB officer. An officer or employee of the Alcohol and Tobacco Tax and Trade Bureau (TTB) authorized to perform any function relating to the administration or enforcement of this part by the current version of TTB Order 1135.14, Delegation of the Administrator's Authorities in 27 CFR part 14, Advertising of Wine, Distilled Spirits, and Malt Beverages.

Consumer Specialty Items. Items that are designed to be carried away by the consumer, such as nonalcoholic mixers, pouring racks, ash trays, bottle or can openers, cork screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, post cards, pencils, shirts, caps, and visors.

Container. Any can, bottle, box used to protect an internal bladder, cask, keg, barrel or other closed receptacle, in any size or material, that is for use in the sale of wine, distilled spirits, or malt beverages at retail.

Distilled spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. The term “distilled spirits” does not include mixtures containing wine, bottled at 48 degrees of proof or less, if the mixture contains more than 50 percent wine on a proof gallon basis. The term “distilled spirits” also does not include products containing less than 0.5 percent alcohol by volume.

FAA Act. Federal Alcohol Administration Act.

Malt beverage. A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption. See § 7.5 of this chapter for standards applying to the use of processing methods and flavors in malt beverage production.

Permittee. Any person holding a basic permit under the FAA Act.

Person. Any individual, corporation, partnership, association, joint-stock company, business trust, limited liability company, or other form of business enterprise, including a receiver, trustee, or liquidating agent, and including an officer or employee of any agency of a State or political subdivision of a State.

Responsible advertiser. The permittee or brewer responsible for the publication or broadcast of an advertisement.

Spirits. See Distilled spirits.

State. One of the 50 States of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

TTB. The Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury.

United States. The 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

Wine. Section 117(a) of the Federal Alcohol Administration Act (27 U.S.C. 211(a)) defines “wine” as any of the following products for nonindustrial use that contain not less than 7 percent and not more than 24 percent alcohol by volume:

(1) Wine as defined in section 610 and section 617 of the Revenue Act of 1918 (26 U.S.C. 5381-5392); and

(2) Other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry, and saké.