Section 1320-04-06-.05 - DEFINITIONS-BRAND REGISTRATION(1) Unless otherwise provided, definitions of terms used in these rules shall be as set out at T.C.A. Section 57-3-101.(2) Each and every distilled spirits or wine product bearing a distinct "brand name" or "trade name" shall be considered a separate "brand" for purposes of these regulations. Brand name or trade name shall mean:(a)For domestic wine - the name of the bottler or packer required to appear on the container label by the regulations of the Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury.(b)For imported wine - the name of the permittee who is the importer, agent, sole distributor, or other person responsible for the importation, whose name is required to appear on the container label by the regulations of the Bureau of Alcohol, Tobacco and Firearms. Department of the Treasury.(c)For distilled spirits bottled in the United States - the name or trademark of the product appearing on the container label.(d)For imported distilled spirits not bottled in the United States - the name or trademark of the Product appearing on the container label.(e) Within the group or line of wine or distilled spirits products bearing a distinct brand name or trade name as defined above, products which fall within separate classes and subclasses as defined in the standards of identity of the several classes of wine and distilled spirits promulgated by the Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, shall be considered separate brands for purposes of these regulations. The separate brands for wine and distilled spirits shall be designated as follows:1. For Wine - (ii) Sparkling Grape Wine (iii) Carbonated Grape Wine (v) Fruit Wine (I) Fruit or Berry Table Wine(II) Fruit or Berry Dessert Wine(vi) Wine from other agricultural products (I) Table Wine from other agricultural products(II) Dessert Wine from other agricultural products(V) Wine from miscellaneous other agricultural products(viii) Imitation and substandard wine 2. For Distilled Spirits (i) Neutral Spirits or Alcohol (ii) Whiskey (II) Whiskey distilled from bourbon(V) Blended Straight Whiskey (iv) Brandy (VIII) Substandard Brandy (viii) Cordials and Liqueurs (II) Rye or Bourbon liqueurs(III) Rock and rye or rock and bourbon or rock and brandy(IV) Dry cordials or liqueurs(ix) Flavored Distilled Spirits(xi) Geographical Designations(xii) Products without geographical designations but distinctive of a particular place(f) A change in the size of a label or principal display panel or change in the designated fluid contents on containers with varying fluid capacity shall not constitute separate brands.(g) A change in the wording on a label or panel designating alcoholic content shall no constitute a separate brand.(h) A change in the wording label or panel on a container of wine designating; vintage year shall not constitute a separate brand.(i) Any brands of distilled spirits, as listed in (2)(e)2.(ii) and the items under such subpart, may be further divided into additional brands if any products within a brand name possess, according to trade and consumer understanding, marketing images separate and distinct from other products within the brand name.(3) Importer - A person who brings, or causes to he brought, alcoholic beverages, manufactured in a foreign country, from a foreign country into the United States.Tenn. Comp. R. & Regs. 1320-04-06-.05
Original rule filed January 15, 1980; effective February 29, 1980.Authority: T.C.A. § 57-3-301.