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45

Bureau of Alcohol, Tobacco and Firearms, Treasury Pt. 5

§ 4.93 Approval of grape varietynames.

(a) Any interested person may peti-tion the Director for the approval of agrape variety name. The petition maybe in the form of a letter and shouldprovide evidence of the following—

(1) Acceptance of the new grape vari-ety,

(2) The validity of the name for iden-tifying the grape variety,

(3) That the variety is used or will beused in winemaking, and

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

(b) For the approval of names of newgrape varieties, documentation submit-ted with the petition to establish theitems in paragraph (a) of this sectionmay include—

(1) reference to the publication of thename of the variety in a scientific orprofessional journal of horticulture ora published report by a professional,scientific or winegrowers’ organization,

(2) reference to a plant patent, if sopatented, and

(3) information pertaining to thecommercial potential of the variety,such as the acreage planted and its lo-cation or market studies.

(c) The Director will not approve agrape variety name if:

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

(2) The name contains a term orname found to be misleading under§ 4.39; or

(3) The name of a new grape varietycontains the term ‘‘Riesling.’’

(d) For new grape varieties developedin the United States, the Director maydetermine if the use of names whichcontain words of geographical signifi-cance, place names, or foreign wordsare misleading under § 4.39. The Direc-tor will not approve the use of a grapevariety name found to be misleading.

(e) The Director shall publish the listof approved grape variety names atleast annually in the FEDERAL REG-ISTER.

(Approved by the Office of Management andBudget under Control Number 1512–0513)

PART 5—LABELING ANDADVERTISING OF DISTILLED SPIRITS

Subpart A—Scope

Sec.5.1 General.5.2 Related regulations.5.3 Forms prescribed.

Subpart B—Definitions

5.11 Meaning of terms.

Subpart C—Standards of Identity forDistilled Spirits

5.21 Application of standards.5.22 The standards of identity.5.23 Alteration of class and type.

Subpart Ca—Formulas

5.25 Application.5.26 Formula requirements.5.27 Formulas.5.28 Adoption of predecessor’s formulas.

Subpart D—Labeling Requirements forDistilled Spirits

5.31 General.5.32 Mandatory label information.5.33 Additional requirements.5.34 Brand names.5.35 Class and type.5.36 Name and address.5.37 Alcohol content.5.38 Net contents.5.39 Presence of neutral spirits and color-

ing, flavoring, and blending materials.5.40 Statements of age and percentage.5.41 Bottle cartons, booklets and leaflets.5.42 Prohibited practices.

Subpart E—Standards of Fill for BottledDistilled Spirits

5.45 Application.5.46 Standard liquor bottles.5.47 Standards of fill (distilled spirits bot-

tled before January 1, 1980).5.47a Metric standards of fill (distilled spir-

its bottled after December 31, 1979).

Subpart F—Requirements for WithdrawalFrom Customs Custody of Bottled Im-ported Distilled Spirits

5.51 Label approval and release.5.52 Certificates of age and origin.5.53 Certificate of nonstandard fill.

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27 CFR Ch. I (4–1–98 Edition)§ 5.1

Subpart G—Requirements for Approval ofLabels of Domestically Bottled DistilledSpirits

5.55 Certificates of label approval.5.56 Certificates of age and origin.

Subpart H—Advertising of Distilled Spirits

5.61 Application.5.62 Definition.5.63 Mandatory statements.5.64 Legibility of mandatory information.5.65 Prohibited practices.5.66 Comparative advertising.

AUTHORITY: 26 U.S.C. 5301, 7805, 27 U.S.C.205.

SOURCE: T.D. 7020, 34 FR 20337, Dec. 30, 1969,unless otherwise noted.

EDITORIAL NOTE: For a document affectingpart 5, see the editorial note appearing atthe beginning of this chapter.

Subpart A—Scope

§ 5.1 General.

The regulations in this part relate tothe labeling and advertising of distilledspirits. This part applies to the severalStates of the United States, the Dis-trict of Columbia, and the Common-wealth of Puerto Rico, but does notapply to distilled spirits for export.

§ 5.2 Related regulations.

Regulations relating to this part arelisted below:

27 CFR Part 1—Basic Permit Requirementsunder the Federal Alcohol AdministrationAct.

27 CFR Part 2—Nonindustrial Use of Dis-tilled Spirits and Wine.

27 CFR Part 3—Bulk Sales and Bottling ofDistilled Spirits.

27 CFR Part 4—Labeling and Advertising ofWine.

27 CFR Part 7—Labeling and Advertising ofMalt Beverages.

27 CFR Part 16—Alcoholic Beverage HealthWarning Statement.

27 CFR Part 19—Distilled Spirits Plants.27 CFR Part 200—Rules of Practice in Per-

mit Proceedings.27 CFR Part 250—Liquors and Articles from

Puerto Rico and the Virgin Islands.27 CFR Part 251—Importation of Distilled

Spirits, Wines and Beer.27 CFR Part 252—Exportation of Liquors.

(26 U.S.C. 7805 (68A Stat. 917, as amended); 27U.S.C. 205 49 Stat. 981, as amended)

[T.D. 720, 34 FR 20637, Dec. 30, 1969, as amend-ed by T.D. ATF–62, 44 FR 71620, Dec. 11, 1979;T.D. ATF–114, 47 FR 43947, Oct. 5, 1982; 55 FR5421, Feb. 14, 1990]

§ 5.3 Forms prescribed.(a) The Director is authorized to pre-

scribe all forms required by this part.All of the information called for ineach form shall be furnished as indi-cated by the headings on the form andthe instructions on or pertaining to theform. In addition, information calledfor in each form shall be furnished asrequired by this part.

(b) Requests for forms should bemailed to the ATF Distribution Center,7943 Angus Court, Springfield, Virginia22153.

[T.D. ATF–92, 46 FR 46912, Sept. 23, 1981, asamended by T.D. ATF–249, 52 FR 5956, Feb.27, 1987; T.D. 372, 61 FR 20723, May 8, 1996]

Subpart B—Definitions§ 5.11 Meaning of terms.

When used in this part and in formsprescribed under this part, where nototherwise distinctly expressed or mani-festly incompatible with the intentthereof, terms shall have the meaningascribed in this section. Any otherterm defined in the Federal AlcoholAdministration Act and used in thispart shall have the same meaning as-signed to it by such Act.

Act. The Federal Alcohol Administra-tion Act.

Advertisement. See § 5.62 for meaningof term as used in subpart H of thispart.

Age. The period during which, afterdistillation and before bottling, dis-tilled spirits have been stored in oakcontainers. ‘‘Age’’ for bourbon whisky,rye whisky, wheat whisky, malt whis-ky, or rye malt whisky, and straightwhiskies other than straight corn whis-ky, means the period the whisky hasbeen stored in charred new oak con-tainers.

Area supervisor. The supervisory offi-cer of the Bureau of Alcohol, Tobaccoand Firearms area office.

Bottle. Any container, irrespective ofthe material from which made, used forthe sale of distilled spirits at retail.


47

Bureau of Alcohol, Tobacco and Firearms, Treasury § 5.22

Brand label. The principal displaypanel that is most likely to be dis-played, presented, shown, or examinedunder normal and customary condi-tions of display for retail sale, and anyother label appearing on the same sideof the bottle as the principal displaypanel. The principal display panel ap-pearing on a cylindrical surface is that40 percent of the circumference whichis most likely to be displayed, pre-sented, shown, or examined under nor-mal and customary conditions of dis-play for retail sale.

Director. The Director, Bureau of Al-cohol, Tobacco and Firearms, the De-partment of the Treasury, Washington,DC.

Distilled spirits. Ethyl alcohol, hy-drated oxide of ethyl, spirits of wine,whisky, rum, brandy, gin, and otherdistilled spirits, including all dilutionsand mixtures thereof, for nonindustrialuse. The term ‘‘distilled spirits’’ shallnot include mixtures containing wine,bottled at 48 degrees of proof or less, ifthe mixture contains more than 50 per-cent wine on a proof gallon basis.

Gallon. U.S. gallon of 231 cubic inchesof alcoholic beverage at 60 °F.

In bulk. In containers having a capac-ity in excess of 1 wine gallon (3.785 li-ters).

Interstate or foreign commerce. Com-merce between any State and any placeoutside thereof, or commerce withinany Territory or the District of Colum-bia, or between points within the sameState but through any place outsidethereof.

Liter or litre. A metric unit of capac-ity equal to 1,000 cubic centimeters ofdistilled spirits at l5.56 °C (60 °F.), andequivalent to 33.814 U.S. fluid ounces. Aliter is subdivided into 1,000 milliliters.milliliter or milliliters may be abbre-viated as ‘‘ml’’.

Permittee. Any person holding a basicpermit under the Federal Alcohol Ad-ministration Act.

Person. Any individual, partnership,joint stock company, business trust,association, corporation, or other formof business enterprise, including a re-ceiver, trustee, or liquidating agentand including an officer or employee ofany agency of a State or political sub-division thereof; and the term ‘‘trade

buyer’’ means any person who is awholesaler or retailer.

Produced at. As used in §§ 5.22 and 5.52in conjunction with specific degrees ofproof to describe the standards of iden-tity, means the composite proof of thespirits after completion of distillationand before reduction in proof.

Proof gallon. A gallon of liquid at 60°F. which contains 50 percent by vol-ume of ethyl alcohol having a specificgravity of 0.7939 at 60 °F. referred towater at 60 °F. as unity, or the alco-holic equivalent thereof.

Season. The period from January 1through June 30, is the spring seasonand the period from July 1 through De-cember 31 is the fall season.

United States. The several States andTerritories and the District of Colum-bia; the term ‘‘State’’ includes a Terri-tory and the District of Columbia; andthe term ‘‘Territory’’ means the Com-monwealth of Puerto Rico.

(26 U.S.C. 7805 (68 Stat. 917, as amended); 27U.S.C. 205 (49 Stat. 981, as amended))

[T.D. ATF–48, 43 FR 13533, Mar. 31, 1978; 44FR 55839, Sept. 28, 1979, as amended by T.D.ATF–62, 44 FR 71620, Dec. 11, 1979; T.D. ATF–66, 45 FR 40547, June 13, 1980; T.D. ATF–94, 46FR 55096, Nov. 6, 1981; T.D. ATF–198, 50 FR8463, Mar. 1, 1985; T.D. ATF–230, 51 FR 21748,June 16, 1986]

Subpart C—Standards of Identityfor Distilled Spirits

§ 5.21 Application of standards.

The standards of identity for the sev-eral classes and types of distilled spir-its set forth in this part shall be appli-cable only to distilled spirits for bev-erage or other nonindustrial purposes.

§ 5.22 The standards of identity.

Standards of identity for the severalclasses and types of distilled spirits setforth in this section shall be as follows(see also § 5.35, class and type):

(a) Class 1; neutral spirits or alcohol.‘‘Neutral spirits’’ or ‘‘alcohol’’ are dis-tilled spirits produced from any mate-rial at or above 190° proof, and, if bot-tled, bottled at not less than 80° proof.

(1) ‘‘Vodka’’ is neutral spirits so dis-tilled, or so treated after distillationwith charcoal or other materials, as to


48

27 CFR Ch. I (4–1–98 Edition)§ 5.22

be without distinctive character,aroma, taste, or color.

(2) ‘‘Grain spirits’’ are neutral spiritsdistilled from a fermented mash ofgrain and stored in oak containers.

(b) Class 2; whisky. ‘‘Whisky’’ is an al-coholic distillate from a fermentedmash of grain produced at less than190° proof in such manner that the dis-tillate possesses the taste, aroma, andcharacteristics generally attributed towhisky, stored in oak containers (ex-cept that corn whisky need not be sostored), and bottled at not less than 80°proof, and also includes mixtures ofsuch distillates for which no specificstandards of identity are prescribed.

(1)(i) ‘‘Bourbon whisky’’, ‘‘rye whis-ky’’, ‘‘wheat whisky’’, ‘‘malt whisky’’,or ‘‘rye malt whisky’’ is whisky pro-duced at not exceeding 160° proof froma fermented mash of not less than 51percent corn, rye, wheat, malted bar-ley, or malted rye grain, respectively,and stored at not more than 125° proofin charred new oak containers; andalso includes mixtures of such whiskiesof the same type.

(ii) ‘‘Corn whisky’’ is whisky pro-duced at not exceeding 160° proof froma fermented mash of not less than 80percent corn grain, and if stored in oakcontainers stored at not more than 125°proof in used or uncharred new oakcontainers and not subjected in anymanner to treatment with charredwood; and also includes mixtures ofsuch whisky.

(iii) Whiskies conforming to thestandards prescribed in paragraphs(b)(1)(i) and (ii) of this section, whichhave been stored in the type of oakcontainers prescribed, for a period of 2years or more shall be further des-ignated as ‘‘straight’’; for example,‘‘straight bourbon whisky’’, ‘‘straightcorn whisky’’, and whisky conformingto the standards prescribed in para-graph (b)(1)(i) of this section, exceptthat it was produced from a fermentedmash of less than 51 percent of any onetype of grain, and stored for a period of2 years or more in charred new oakcontainers shall be designated merelyas ‘‘straight whisky’’. No other whis-kies may be designated ‘‘straight’’.‘‘Straight whisky’’ includes mixturesof straight whiskies of the same typeproduced in the same State.

(2) ‘‘Whisky distilled from bourbon(rye, wheat, malt, or rye malt) mash’’is whisky produced in the UnitedStates at not exceeding 160° proof froma fermented mash of not less than 51percent corn, rye, wheat, malted bar-ley, or malted rye grain, respectively,and stored in used oak containers; andalso includes mixtures of such whiskiesof the same type. Whisky conformingto the standard of identity for cornwhisky must be designated corn whis-ky.

(3) ‘‘Light whisky’’ is whisky pro-duced in the United States at morethan 160° proof, on or after January 26,1968, and stored in used or uncharrednew oak containers; and also includesmixtures of such whiskies. If ‘‘lightwhisky’’ is mixed with less than 20 per-cent of straight whisky on a proof gal-lon basis, the mixture shall be des-ignated ‘‘blended light whisky’’ (lightwhisky—a blend).

(4) ‘‘Blended whisky’’ (whisky—ablend) is a mixture which containsstraight whisky or a blend of straightwhiskies at not less than 20 percent ona proof gallon basis, excluding alcoholderived from added harmless coloring,flavoring or blending materials, and,separately, or in combination, whiskyor neutral spirits. A blended whiskycontaining not less than 51 percent ona proof gallon basis of one of the typesof straight whisky shall be further des-ignated by that specific type ofstraight whisky; for example, ‘‘blendedrye whisky’’ (rye whisky—a blend).

(5)(i) ‘‘A blend of straight whiskies’’(blended straight whiskies) is a mix-ture of straight whiskies which doesnot conform to the standard of identifyfor ‘‘straight whisky.’’ Products so des-ignated may contain harmless color-ing, flavoring, or blending materials asset forth in 27 CFR 5.23(a).

(ii) ‘‘A blend of straight whiskies’’(blended straight whiskies) consistingentirely of one of the types of straightwhisky, and not conforming to thestandard for straight whisky, shall befurther designated by that specific typeof straight whisky; for example, ‘‘ablend of straight rye whiskies’’ (blend-ed straight rye whiskies). ‘‘A blend ofstraight whiskies’’ consisting entirelyof one of the types of straight whiskyshall include straight whisky of the


49


same type which was produced in thesame State or by the same proprietorwithin the same State, provided thatsuch whisky contains harmless color-ing, flavoring, or blending materials asstated in 27 CFR 5.23(a).

(iii) The harmless coloring, flavoring,or blending materials allowed underthis section shall not include neutralspirits or alcohol in their originalstate. Neutral spirits or alcohol mayonly appear in a ‘‘blend of straightwhiskies’’ or in a ‘‘blend of straightwhiskies consisting entirely of one ofthe types of straight whisky’’ as a ve-hicle for recognized flavoring of blend-ing material.

(6) ‘‘Spirit whisky’’ is a mixture ofneutral spirits and not less than 5 per-cent on a proof gallon basis of whisky,or straight whisky, or straight whiskyand whisky, if the straight whiskycomponent is less than 20 percent on aproof gallon basis.

(7) ‘‘Scotch whisky’’ is whisky whichis a distinctive product of Scotland,manufactured in Scotland in compli-ance with the laws of the United King-dom regulating the manufacture ofScotch whisky for consumption in theUnited Kingdom: Provided, That if suchproduct is a mixture of whiskies, suchmixture is ‘‘blended Scotch whisky’’(Scotch whisky—a blend).

(8) ‘‘Irish whisky’’ is whisky which isa distinctive product of Ireland, manu-factured either in the Republic of Ire-land or in Northern Ireland, in compli-ance with their laws regulating themanufacture of Irish whisky for homeconsumption: Provided, That if suchproduct is a mixture of whiskies, suchmixture is ‘‘blended Irish whisky’’(Irish whisky—a blend).

(9) ‘‘Canadian whisky’’ is whiskywhich is a distinctive product of Can-ada, manufactured in Canada in com-pliance with the laws of Canada regu-lating the manufacture of Canadianwhisky for consumption in Canada:Provided, That if such product is a mix-ture of whiskies, such mixture is‘‘blended Canadian whisky’’ (Canadianwhisky—a blend).

(c) Class 3; gin. ‘‘Gin’’ is a product ob-tained by original distillation frommash, or by redistillation of distilledspirits, or by mixing neutral spirits,with or over juniper berries and other

aromatics, or with or over extracts de-rived from infusions, percolations, ormaceration of such materials, and in-cludes mixtures of gin and neutral spir-its. It shall derive its main characteris-tic flavor from juniper berries and bebottled at not less than 80° proof. Ginproduced exclusively by original dis-tillation or by redistillation may befurther designated as ‘‘distilled’’. ‘‘Drygin’’ (London dry gin), ‘‘Geneva gin’’(Hollands gin), and ‘‘Old Tom gin’’(Tom gin) are types of gin known undersuch designations.

(d) Class 4; brandy. ‘‘Brandy’’ is an al-coholic distillate from the fermentedjuice, mash, or wine of fruit, or fromthe residue thereof, produced at lessthan 190° proof in such manner that thedistillate possesses the taste, aroma,and characteristics generally attrib-uted to the product, and bottled at notless than 80° proof. Brandy, or mixturesthereof, not conforming to any of thestandards in paragraphs (d) (1) through(8) of this section shall be designated as‘‘brandy’’, and such designation shallbe immediately followed by a truthfuland adequate statement of composi-tion.

(1) ‘‘Fruit brandy’’ is brandy distilledsolely from the fermented juice ormash of whole, sound, ripe fruit, orfrom standard grape, citrus, or otherfruit wine, with or without the addi-tion of not more than 20 percent byweight of the pomace of such juice orwine, or 30 percent by volume of thelees of such wine, or both (calculatedprior to the addition of water to facili-tate fermentation or distillation).Fruit brandy shall include mixtures ofsuch brandy with not more than 30 per-cent (calculated on a proof gallonbasis) of lees brandy. Fruit brandy, de-rived from grapes, shall be designatedas ‘‘grape brandy’’ or ‘‘brandy’’, exceptthat in the case of brandy (other thanneutral brandy, pomace brandy, marcbrandy or grappa brandy) distilled fromthe fermented juice, mash, or wine ofgrapes, or the residue thereof, whichhas been stored in oak containers forless than 2 years, the statement ofclass and type shall be immediatelypreceded, in the same size and kind oftype, by the word ‘‘immature’’. Fruitbrandy, other than grape brandy, de-rived from one variety of fruit, shall be


50

27 CFR Ch. I (4–1–98 Edition)§ 5.22

designated by the word ‘‘brandy’’ quali-fied by the name of such fruit (for ex-ample, ‘‘peach brandy’’), except that‘‘apple brandy’’ may be designated ‘‘ap-plejack’’. Fruit brandy derived frommore than one variety of fruit shall bedesignated as ‘‘fruit brandy’’ qualifiedby a truthful and adequate statementof composition.

(2) ‘‘Cognac’’, or ‘‘Cognac (grape)brandy’’, is grape brandy distilled inthe Cognac region of France, which isentitled to be so designated by the lawsand regulations of the French Govern-ment.

(3) ‘‘Dried fruit brandy’’ is brandythat conforms to the standard for fruitbrandy except that it has been derivedfrom sound, dried fruit, or from thestandard wine of such fruit. Brandy de-rived from raisins, or from raisin wine,shall be designated as ‘‘raisin brandy’’.Other brandies shall be designated inthe same manner as fruit brandy fromthe corresponding variety or varietiesof fruit except that the name of thefruit shall be qualified by the word‘‘dried’’.

(4) ‘‘Lees brandy’’ is brandy distilledfrom the lees of standard grape, citrus,or other fruit wine, and shall be des-ignated as ‘‘lees brandy’’, qualified bythe name of the fruit from which suchlees are derived.

(5) ‘‘Pomace brandy’’, or ‘‘marc bran-dy’’, is brandy distilled from the skinand pulp of sound, ripe grapes, citrus orother fruit, after the withdrawal of thejuice or wine therefrom, and shall bedesignated as ‘‘pomace brandy’’, or‘‘marc brandy’’, qualified by the nameof the fruit from which derived. Grapepomace brandy may be designated as‘‘grappa’’ or ‘‘grappa brandy’’.

(6) ‘‘Residue brandy’’ is brandy dis-tilled wholly or in part from the fer-mented residue of fruit or wine, andshall be designated as ‘‘residue brandy’’qualified by the name of the fruit fromwhich derived. Brandy distilled whollyor in part from residue materials whichconforms to any of the standards setforth in paragraphs (d) (1), (3), (4), and(5) of this section may, regardless ofsuch fact, be designated ‘‘residue bran-dy’’, but the use of such designationshall be conclusive, precluding anylater change of designation.

(7) ‘‘Neutral brandy’’ is brandy pro-duced at more than 170° proof and shallbe designated in accordance with thestandards in this paragraph, exceptthat the designation shall be qualifiedby the word ‘‘neutral’’; for example,‘‘neutral citrus residue brandy’’.

(8) ‘‘Substandard brandy’’ shall bearas a part of its designation the word‘‘substandard’’, and shall include:

(i) Any brandy distilled from fer-mented juice, mash, or wine having avolatile acidity, calculated as aceticacid and exclusive of sulfur dioxide, inexcess of 0.20 gram per 100 cubic centi-meters (20 °C.); measurements of vola-tile acidity shall be calculated exclu-sive of water added to facilitate dis-tillation.

(ii) Any brandy which has been dis-tilled from unsound, moldy, diseased,or decomposed juice, mash, wine, lees,pomace, or residue, or which shows inthe finished product any taste, aroma,or characteristic associated with prod-ucts distilled from such material.

(e) Class 5; blended applejack. ‘‘Blend-ed applejack’’ (applejack—a blend) is amixture which contains at least 20 per-cent of apple brandy (applejack) on aproof gallon basis, stored in oak con-tainers for not less than 2 years, andnot more than 80 percent of neutralspirits on a proof gallon basis if suchmixture at the time of bottling is notless than 80° proof.

(f) Class 6; rum. ‘‘Rum’’ is an alco-holic distillate from the fermentedjuice of sugar cane, sugar cane syrup,sugar cane molasses, or other sugarcane by-products, produced at less than190° proof in such manner that the dis-tillate possesses the taste, aroma andcharacteristics generally attributed torum, and bottled at not less than 80°proof; and also includes mixtures solelyof such distillates.

(g) Class 7; Tequila. ‘‘Tequila’’ is analcoholic distillate from a fermentedmash derived principally from theAgave Tequilana Weber (‘‘blue’’ vari-ety), with or without additional fer-mentable substances, distilled in sucha manner that the distillate possessesthe taste, aroma, and characteristicsgenerally attributed to Tequila andbottled at not less than 80° proof, andalso includes mixtures solely of suchdistillates. Tequila is a distinctive


51


product of Mexico, manufactured inMexico in compliance with the laws ofMexico regulating the manufacture ofTequila for consumption in that coun-try.

(h) Class 8; cordials and liqueurs.Cordials and liqueurs are products ob-tained by mixing or redistilling dis-tilled spirits with or over fruits, flow-ers, plants, or pure juices therefrom, orother natural flavoring materials, orwith extracts derived from infusions,percolation, or maceration of such ma-terials, and containing sugar, dextrose,or levulose, or a combination thereof,in an amount not less than 21⁄2 percentby weight of the finished product.

(1) ‘‘Sloe gin’’ is a cordial or liqueurwith the main characteristic flavor de-rived from sloe berries.

(2) ‘‘Rye liqueur’’, ‘‘bourbon liqueur’’(rye, bourbon cordial) are liqueurs, bot-tled at not less than 60° proof, in whichnot less than 51 percent, on a proof gal-lon basis, of the distilled spirits usedare, respectively, rye or bourbon whis-ky, straight rye or straight bourbonwhisky, or whisky distilled from a ryeor bourbon mash, and which possess apredominant characteristic rye orbourbon flavor derived from such whis-ky. Wine, if used, must be within the21⁄2 percent limitation provided in § 5.23for coloring, flavoring, and blendingmaterials.

(3) ‘‘Rock and rye’’, ‘‘rock and bour-bon’’, ‘‘rock and brandy’’, ‘‘rock andrum’’ are liqueurs, bottled at not lessthan 48° proof, in which, in the case ofrock and rye and rock and bourbon, notless than 51 percent, on a proof gallonbasis, of the distilled spirits used are,respectively, rye or bourbon whisky,straight rye or straight bourbon whis-ky, or whisky distilled from a rye orbourbon mash, and, in the case of rockand brandy and rock and rum, the dis-tilled spirits used are all grape brandyor rum, respectively; containing rockcandy or sugar syrup, with or withoutthe addition of fruit, fruit juices, orother natural flavoring materials, andpossessing, respectively, a predominantcharacteristic rye, bourbon, brandy, orrum flavor derived from the distilledspirits used. Wine, if used, must bewithin the 21⁄2 percent limitation pro-vided in § 5.23 for harmless coloring,flavoring, and blending materials.

(4) ‘‘Rum liqueur,’’ ‘‘gin liqueur,’’‘‘brandy liqueur,’’ are liqueurs, bottledat not less than 60 proof, in which thedistilled spirits used are entirely rum,gin, or brandy, respectively, and whichpossess, respectively, a predominantcharacteristic rum, gin, or brandy fla-vor derived from the distilled spiritsused. In the case of brandy liqueur, thetype of brandy must be stated in ac-cordance with § 5.22(d), except that li-queurs made entirely with grape bran-dy may be designated simply as ‘‘bran-dy liqueur.’’ Wine, if used, must bewithin the 21⁄2 percent limitation pro-vided for in § 5.23 for harmless coloring,flavoring, and blending materials.

(5) The designation of a cordial or li-queur may include the word ‘‘dry’’ ifthe sugar, dextrose, or levulose, or acombination thereof, are less than 10percent by weight of the finished prod-uct.

(6) Cordials and liqueurs shall not bedesignated as ‘‘distilled’’ or ‘‘com-pound’’.

(i) Class 9; flavored brandy, flavoredgin, flavored rum, flavored vodka, andflavored whisky. ‘‘Flavored brandy,‘‘flavored gin,’’ ‘‘flavored rum,’’ ‘‘fla-vored vodka,’’ and ‘‘flavored whisky,’’are brandy, gin, rum vodka, and whis-ky, respectively, to which have beenadded natural flavoring materials, withor without the addition of sugar, andbottled at not less than 60° proof. Thename of the predominant flavor shallappear as a part of the designation. Ifthe finished product contains morethan 21⁄2 percent by volume of wine, thekinds and precentages by volume ofwine must be stated as a part of thedesignation, except that a flavoredbrandy may contain an additional 121⁄2percent by volume of wine, withoutlabel disclosure, if the additional wineis derived from the particular fruit cor-responding to the labeled flavor of theproduct.

(j) Class 10; imitations. Imitationsshall bear, as a part of the designationthereof, the word ‘‘imitation’’ and shallinclude the following:

(1) Any class or type of distilled spir-its to which has been added coloring orflavoring material of such nature as tocause the resultant product to simu-late any other class or type of distilledspirits;


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27 CFR Ch. I (4–1–98 Edition)§ 5.22

(2) Any class or type of distilled spir-its (other than distilled spirits requiredunder § 5.35 to bear a distinctive or fan-ciful name and a truthful and adequatestatement of composition) to which hasbeen added flavors considered to be ar-tificial or imitation. In determiningwhether a flavor is artificial or imita-tion, recognition will be given to whatis considered to be ‘‘good commercialpractice’’ in the flavor manufacturingindustry;

(3) Any class of type of distilled spir-its (except cordials, liqueurs and spe-cialties marketed under labels whichdo not indicate or imply, that a par-ticular class or type of distilled spiritswas used in the manufacture thereof)to which has been added any whiskyessense, brandy essence, rum essence,or similar essence or extract whichsimulates or enhances, or is used bythe trade or in the particular productto simulate or enhance, the character-istics of any class or type of distilledspirits;

(4) Any type of whisky to which bead-ing oil has been added;

(5) Any rum to which neutral spiritsor distilled spirits other than rum havebeen added;

(6) Any brandy made from distillingmaterial to which has been added anyamount of sugar other than the kindand amount of sugar expressly author-ized in the production of standardwine; and

(7) Any brandy to which neutral spir-its or distilled spirits other than bran-dy have been added, except that thisprovision shall not apply to any prod-uct conforming to the standard of iden-tity for blended applejack.

(k) Class 11; geographical designations.(1) Geographical names for distinctivetypes of distilled spirits (other thannames found by the Director underparagraph (k)(2) of this section to havebecome generic) shall not be applied todistilled spirits produced in any otherplace than the particular region indi-cated by the name, unless (i) in directconjunction with the name there ap-pears the word ‘‘type’’ or the word‘‘American’’ or some other adjectiveindicating the true place of production,in lettering substantially as conspicu-ous as such name, and (ii) the distilledspirits to which the name is applied

conform to the distilled spirits of thatparticular region. The following are ex-amples of distinctive types of distilledspirits with geographical names thathave not become generic: Eau de Vie deDantzig (Danziger Goldwasser), Ojen,Swedish punch. Geographical names fordistinctive types of distilled spiritsshall be used to designate only distilledspirits conforming to the standard ofidentity, if any, for such type specifiedin this section, or if no such standard isso specified, then in accordance withthe trade understanding of that dis-tinctive type.

(2) Only such geographical names fordistilled spirits as the Director findshave by usage and common knowledgelost their geographical significance tosuch extent that they have become ge-neric shall be deemed to have becomegeneric. Examples at London dry gin,Geneva (Hollands) gin.

(3) Geographical names that are notnames for distinctive types of distilledspirits, and that have not become ge-neric, shall not be applied to distilledspirits produced in any other placethan the particular place or region in-dicated in the name. Examples are Co-gnac, Armagnac, Greek brandy, Piscobrandy, Jamaica rum, Puerto Ricorum, Demerara rum.

(4) The words ‘‘Scotch’’, ‘‘Scots’’‘‘Highland’’, or ‘‘Highlands’’ and simi-lar words connoting, indicating, orcommonly associated with Scotland,shall not be used to designate anyproduct not wholly produced in Scot-land.

(l) Class 12; products without geo-graphical designations but distinctive of aparticular place. (1) The whiskies of thetypes specified in paragraphs (b) (1),(4), (5), and (6) of this section are dis-tinctive products of the United Statesand if produced in a foreign countryshall be designated by the applicabledesignation prescribed in such para-graphs, together with the words‘‘American type’’ or the words ‘‘pro-duced (distilled, blended) in ll’’, theblank to be filled in with the name ofthe foreign country: Provided, That theword ‘‘bourbon’’ shall not be used todescribe any whisky or whisky-baseddistilled spirits not produced in theUnited States. If whisky of any ofthese types is composed in part of


53


whisky or whiskies produced in a for-eign country there shall be stated, onthe brand label, the percentage of suchwhisky and the country of origin there-of.

(2) The name for other distilled spir-its which are distinctive products of aparticular place or country, an exam-ple is Habanero, shall not be given tothe product of any other place or coun-try unless the designation for suchproduct includes the word ‘‘type’’ or anadjective such as ‘‘American’’, or thelike, clearly indicating the true placeof production. The provision for placeof production shall not apply to des-ignations which by usage and commonknowledge have lost their geographicalsignificance to such an extent that theDirector finds they have become ge-neric. Examples are Slivovitz,Zubrovka, Aquavit, Arrack, andKirschwasser.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, asamended by T.D. ATF–7, 38 FR 33471, Dec. 5,1973; T.D. ATF–36, 41 FR 47426, Oct. 29, 1976;T.D. ATF–37, 41 FR 48121, Nov. 2, 1976; T.D.ATF–48, 44 FR 55839, Sept. 28, 1979; T.D. ATF–62, 44 FR 71620, Dec. 11, 1979; T.D. ATF–66, 45FR 40547, June 13, 1980; T.D. ATF–94, 46 FR55096, Nov. 6, 1981; T.D. ATF–259, 52 FR 41422,Oct. 28, 1987; T.D. ATF–324, 57 FR 29020, June30, 1992]

§ 5.23 Alteration of class and type.(a) Additions. (1) The addition of any

coloring, flavoring, or blending mate-rials to any class and type of distilledspirits, except as otherwise provided inthis section, alters the class and typethereof and the product shall be appro-priately redesignated.

(2) There may be added to any classor type of distilled spirits, withoutchanging the class or type thereof, (i)such harmless coloring, flavoring, orblending materials as are an essentialcomponent part of the particular classor type of distilled spirits to whichadded, and (ii) harmless coloring, fla-voring, or blending materials such ascaramel, straight malt or straight ryemalt whiskies, fruit juices, sugar, infu-sion of oak chips when approved by theDirector, or wine, which are not an es-sential component part of the particu-lar distilled spirits to which added, butwhich are customarily employed there-in in accordance with established tradeusage, if such coloring, flavoring, or

blending materials do not total morethan 21⁄2 percent by volume of the fin-ished product.

(3) ‘‘Harmless coloring, flavoring, andblending materials’’ shall not include(i) any material which would renderthe product to which it is added an imi-tation, or (ii) any material, other thancaramel, infusion of oak chips, andsugar, in the case of Cognac brandy; or(iii) any material whatsoever in thecase of neutral spirits or straight whis-key, except that vodka may be treatedwith sugar in an amount not to exceed2 grams per liter and a trace amount ofcitric acid.

(b) Extractions. The removal from anydistilled spirits of any constituents tosuch an extent that the product doesnot possess the taste, aroma, and char-acteristics generally attributed to thatclass or type of distilled spirits altersthe class and type thereof, and theproduct shall be appropriately redesig-nated. In addition, in the case ofstraight whisky the removal of morethan 15 percent of the fixed acids, orvolatile acids, or esters, or soluble sol-ids, or higher alcohols, or more than 25percent of the soluble color, shall bedeemed to alter the class or type there-of.

(c) Exceptions. (1) This section shallnot be construed as in any mannermodifying the standards of identity forcordials and liqueurs, flavored brandy,flavored gin, flavored rum, flavoredvodka, and flavored whisky or as au-thorizing any product which is definedin § 5.22(j), Class 10, as an imitation tobe otherwise designated.

(2) [Reserved]

[T.D. 7020, 34 FR 20337, Dec. 30. 1969, asamended by T.D. ATF–360, 59 FR 67222, 67223,Dec. 29, 1994; T.D. ATF–369, 61 FR 67327, Dec.29, 1995]

Subpart Ca—Formulas

SOURCE: T.D. ATF–62, 44 FR 71620, Dec. 11,1979, unless otherwise noted.

§ 5.25 Application.

The requirements of this subpartshall apply to:

(a) Proprietors of distilled spiritsplants qualified as processors under 27CFR part 19;


54

27 CFR Ch. I (4–1–98 Edition)§ 5.26

(b) Persons in Puerto Rico who man-ufacture distilled spirits products forshipment to the United States. For-mulas need only be filed for those prod-ucts which will be shipped to theUnited States; and

(c) Persons who ship into the UnitedStates, Virgin Islands distilled spiritsproducts.

§ 5.26 Formula requirements.

(a) General. An approved formula isrequired to blend, mix, purify, refine,compound, or treat spirits in a mannerwhich results in a change of character,composition, class or type of the spir-its. Form 5110.38 (27–B Supplemental)shall be filed with the Director in ac-cordance with the instructions on theform and shall designate all ingredi-ents and, if required, the process used.Any approved formula on Form 27–BSupplemental or Form 5110.38 shall re-main in effect until revoked, super-seded, or voluntarily surrendered. Anyexisting qualifying statements as tothe rate of tax or the limited use ofdrawback flavors appearing on a Form27–B Supplemental are obsolete.

(b) Change in formula. Any change inan approved formula shall require thefiling of a new Form 5110.38. After achange in a formula is approved, theoriginal formula shall be surrenderedto the Director.

§ 5.27 Formulas.

Formulas are required for distilledspirits operations which change thecharacter, composition, class or type ofspirits as follows:

(a) The compounding of spiritsthrough the mixing of any coloring,flavoring, wine, or other material withdistilled spirits;

(b) The manufacture of an intermedi-ate product to be used exclusively inother distilled spirits products onbonded premises;

(c) Any filtering or stabilizing proc-ess which results in a product whichdoes not possess the taste, aroma, andcharacteristics generally attributed tothat class or type of distilled spirits;and, in the case of straight whisky, re-sults in the removal of more than 15percent of the fixed acids, volatileacids, esters, soluble solids, or higher

alcohols, or more than 25 percent of thesoluble color;

(d) The mingling of spirits (includingmerchandise returned to bond) whichdiffer in class or type of materials fromwhich produced;

(e) The mingling of spirits stored incharred cooperage with spirits storedin plain or reused cooperage, or themixing of spirits that have been treat-ed with wood chips with spirits not sotreated, or the mixing of spirits thathave been subjected to any treatmentwhich changes their character withspirits not so treated, unless it is de-termined that the composition of thespirits is the same, notwithstandingthe storage in different kinds of coop-erage or the treatment of a portion ofthe spirits;

(f) The use (except as authorized forproduction or storage operations asprovided by 27 CFR part 19) of anyphysical or chemical process or any ap-paratus which accelerates the matur-ing of the spirits;

(g) The steeping or soaking of fruits,berries, aromatic herbs, roots, seeds,etc., in spirits or wines;

(h) The artificial carbonating of spir-its;

(i) The blending in Puerto Rico ofspirits with any liquors manufacturedoutside of Puerto Rico;

(j) The production of gin by—(1) Redistillation over juniper berries

and other natural aromatics, or the ex-tracted oils of such, of spirits distilledat or above 190 degrees of proof, freefrom impurities, including spirits ofsuch a nature recovered by redistilla-tion of imperfect gin spirits; and

(2) Mixing gin with other spirits;(k) The treatment of gin by—(1) Addition or abstraction of any

substance or material other than purewater after redistillation in a mannerthat would change its class and typedesignation; and

(2) Addition of any substance or ma-terial other than juniper berries orother natural aromatics, or the ex-tracted oils of such, or pure water tothe spirits, before or during redistilla-tion, in a manner that would changeits class and type designation;

(l) The production of vodka by—


55


(1) Treatment of neutral spirits withnot less than one ounce of activatedcarbon per 100 wine gallons of spirits;

(2) Redistillation of pure spirits so asto be without distinctive character,aroma, taste, or color;

(3) Mixing with other spirits or withany other substance or material exceptpure water, after production; and

(m) The recovery of spirits by redis-tillation from distilled spirits productscontaining other alcoholic ingredientsand from spirits which have previouslybeen entered for deposit. However, noformula shall be required for spirits re-distilled into any type of neutral spir-its other than vodka or spirits redis-tilled at less than 190 degrees of proofwhich lack the taste, aroma and othercharacteristics generally attributed towhisky, brandy, rum, or gin, and aredesignated as ‘‘Spirits,’’ preceded orfollowed by a word or phrase descrip-tive of the material from which pro-duced. Such spirits redistilled on orafter July 1, 1972, may not be des-ignated ‘‘Spirits Grain’’ or ‘‘GrainSpirits.’’

(26 U.S.C. 7805 (68A Stat. 917, as amended); 27U.S.C. 205 (49 Stat. 981, as amended))

[T.D. ATF–198, 50 FR 8463, Mar. 1, 1985, asamended by T.D. ATF–259, 52 FR 41423, Oct.28, 1987]

§ 5.28 Adoption of predecessor’s for-mulas.

The adoption by a successor of ap-proved Forms 5110.38 (27–B Supple-mental) shall be in the form of an ap-plication filed with the Director. Theapplication shall list the formulas foradoption by:

(a) Formula number,(b) Name of product, and(c) Date of approval.

The application shall clearly show thatthe predecessor has authorized the useof his previously approved formulas bythe successor.

Subpart D—LabelingRequirements for Distilled Spirits

§ 5.31 General.(a) Application. No person engaged in

business as a distiller, rectifier, im-porter, wholesaler, or warehousemanand bottler, directly or indirectly, or

through an affiliate, shall sell or shipor deliver for sale or shipment or oth-erwise introduce in interstate or for-eign commerce, or receive therein, orremove from customs custody, any dis-tilled spirits in bottles, unless suchbottles are marked, branded, labeled,or packaged, in conformity with §§ 5.31through 5.42.

(b) Alteration of labels. It shall be un-lawful for any person to alter, muti-late, destroy, obliterate, or remove anymark, brand, or label on distilled spir-its held for sale in interstate or foreigncommerce or after shipment therein,except:

(1) As authorized by Federal law;(2) When an additional labeling or re-

labeling of bottled distilled spirits isaccomplished with labels covered bycertificates of label approval whichcomply with the requirements of thispart and with State law;

(3) That there may be added to thebottle, after removal from customscustody, or prior to or after removalfrom bonded premises, without applica-tion for permission to relabel, a labelidentifying the wholesale or retail dis-tributor thereof or identifying the pur-chaser or consumer, and containing noreferences whatever to the characteris-tics of the product.


[T.D. 7020, 34 FR 20637, Dec. 30, 1969, asamended by T.D. ATF–62, 44 FR 71621, Dec.11, 1979; T.D. ATF–198, 50 FR 8464, Mar. 1,1985]

§ 5.32 Mandatory label information.

There shall be stated:(a) On the brand label:(1) Brand name.(2) Class and type, in accordance with

§ 5.35.(3) Alcoholic content, in accordance

with § 5.37.(4) In the case of distilled spirits

packaged in containers for which nostandard of fill is prescribed in § 5.47,net contents in accordance with§ 5.38(b) or § 5.38a(b)(2).

(b) On the brand label or on a backlabel:

(1) Name and address, in accordancewith § 5.36.


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27 CFR Ch. I (4–1–98 Edition)§ 5.33

(2) In the case of imported spirits, thecountry of origin, in accordance with§ 5.36.

(3) In the case of distilled spiritspackaged in containers conforming tothe standards of fill prescribed in § 5.47or § 5.47a, net contents in accordancewith § 5.38(a), § 5.38a(a), or § 5.38a(b)(1).

(4) Coloring or flavoring, in accord-ance with § 5.39.

(5) A statement that the product con-tains FD&C Yellow No. 5, where thatcoloring material is used in a productbottled on or after October 6, 1984.

(6) The following statement whensaccharin is present in the finishedproduct: Use of this product may behazardous to your health. This productcontains saccharin which has been de-termined to cause cancer in laboratoryanimals.

(7) Declaration of sulfites. There shallbe stated, the statement ‘‘Contains sul-fites’’ or ‘‘Contains (a) sulfitingagent(s)’’ or a statement identifyingthe specific sulfiting agent where sul-fur dioxide or a sulfiting agent is de-tected at a level of 10 or more parts permillion, measured as total sulfur diox-ide. The sulfite declaration may appearon a strip label or neck label in lieu ofappearing on the front or back label.The provisions of this paragraph shallapply to:

(i) Any certificate of label approvalissued on or after January 9, 1987;

(ii) Any distilled spirits bottled on orafter July 9, 1987, regardless of the dateof issuance of the certificate of labelapproval; and,

(iii) Any distilled spirits removed onor after January 9, 1988.

(8) Percentage of neutral spirits andname of commodity from which dis-tilled, or in the case of continuouslydistilled neutral spirits or gin, thename of the commodity only, in ac-cordance with § 5.39.

(9) A statement of age or age and per-centage, when required, in accordancewith § 5.40.

(10) State of distillation of domestictypes of whisky and straight whisky,except light whisky and blends, in ac-cordance with § 5.36.

(c) In the case of a container whichhas been excepted by the Directorunder the provisions of § 5.46(d), the in-formation required to appear on the

‘‘brand label,’’ as defined, may appearelsewhere on such container if it can bedemonstrated that the container can-not reasonably be so designed that therequired brand label can be properly af-fixed.

(Paragraph (b)(7) approved by the Office ofManagement and Budget under Control No.1512–0469)

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, asamended by T.D. ATF–25, 41 FR 10220, Mar.10, 1976; 41 FR 11022, Mar. 16, 1976; T.D. ATF–94, 46 FR 55096, Nov. 6, 1981; T.D. ATF–150, 48FR 45556, Oct. 6, 1983; 48 FR 46518, Oct. 13,1983; T.D. ATF–220, 50 FR 51852, Dec. 20, 1985;T.D. ATF–236, 51 FR 34710, Sept. 30, 1986; T.D.ATF–282, 54 FR 7162, Feb. 16, 1989; T.D. ATF–312, 56 FR 31077, July 9, 1991; T.D. ATF-344, 58FR 40354, July 28, 1993]

§ 5.33 Additional requirements.(a) Contrasting background. Labels

shall be so designed that the state-ments required by this subpart arereadily legible under ordinary condi-tions, and such statements shall be ona contrasting background.

(b) Location of statements and size oftype. (1) Statements required by thissubpart, except brand names, shall ap-pear generally parallel to the base onwhich the bottle rests as it is designedto be displayed or shall be otherwiseequally conspicuous.

(2) Statements required by this sub-part, except brand names and the dec-laration of sulfites in § 5.32(b)(7), shallbe separate and apart from any otherdescriptive or explanatory matters.

(3) If not separate and apart fromother descriptive or explanatory mat-ter printed on the label, the statementdeclaring the presence of sulfites shallbe of a size substantially more con-spicuous than surrounding nonmanda-tory labeling information.

(4) Statements of the type of distilledspirits shall be as conspicuous as thestatement of the class to which it re-fers, and in direct conjunction there-with.

(5) Statements required by this sub-part, except brand names, shall be inscript, type, or printing not smallerthan 2 millimeters (or 8-point gothicuntil January 1, 1983), except that, inthe case of labels on bottles of 200 mil-liliters or less capacity, such script,type, or printing shall not be smaller


57


than 1 millimeter (or 6-point gothicuntil January 1, 1983).

(6) When net contents are stated ei-ther in metric measures or in bothmetric and U.S. fluid measures, state-ments required by the subpart, exceptbrand names, shall be in script, type,or printing not smaller than 2 millime-ters (or 8-point gothic until January 1,1983), except that, in the case of labelson bottles of 200 milliliters or less ca-pacity such script, type, or printingshall not be smaller than 1 millimeter(or 6-point gothic until January 1,1983).

(c) English language. The require-ments of this subpart shall be stated inthe English language, except that thebrand name need not be in English, andfor products bottled for consumptionwithin Puerto Rico the required infor-mation may be stated in the Spanishlanguage if the net contents and, if theproduct is an imitation, the word ‘‘imi-tation’’ are also stated in the Englishlanguage.

(d) Location of label. Labels shall notobscure government stamps or be ob-scured thereby. Labels shall not ob-scure any markings or information re-quired to be permanently marked inthe bottle by other U.S. Treasury De-partment regulations.

(e) Labels firmly affixed. Labels whichare not an integral part of the bottleshall be affixed to bottles in such man-ner that they cannot be removed with-out thorough application of water orother solvents.

(f) Additional information on labels.Labels may contain information otherthan the mandatory label informationrequired by this subpart if the informa-tion does not conflict with, or in anymanner qualify, statements requiredby this part.

(g) Contents of bottles. A complete andaccurate statement of the contents ofthe bottles to which labels are to be orhave been affixed shall be submitted,on request, to the Director or the re-gional director (compliance).

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, asamended by T.D. ATF–66, 45 FR 40548, June13, 1980; T.D. ATF–94, 46 FR 55096, Nov. 6,1981; T.D. ATF–236, 51 FR 34710, Sept. 30, 1986]

§ 5.34 Brand names.(a) Misleading brand names. No label

shall contain any brand name, which,standing alone, or in association withother printed or graphic matter, cre-ates any impression or inference as tothe age, origin, identity, or other char-acteristics of the product unless theDirector finds that such brand name(when appropriately qualified if re-quired) conveys no erroneous impres-sions as to the age, origin, identity, orother characteristics of the product.

(b) Trade name of foreign origin. Para-graph (a) of this section does not pro-hibit the use by any person of anytrade name or brand of foreign originnot effectively registered in the U.S.Patent Office on August 29, 1935, whichhas been used by such person or hispredecessors in the United States for aperiod of at least 5 years immediatelypreceding August 29, 1935: Provided,That if such trade name or brand isused, the designation of the productshall be qualified by the name of thelocality in the United States in whichproduced, and such qualification shallbe in script, type, or printing as con-spicuous as the trade name or brand.

§ 5.35 Class and type.(a) Designation of product. The class

and type of distilled spirits shall bestated in conformity with § 5.22 if de-fined therein. In all other instances theproduct shall be designated in accord-ance with trade and consumer under-standing thereof, or, if no such under-standing exists, by a distinctive or fan-ciful name, and in either case (exceptas provided in paragraph (b)(2) of thissection) followed by a truthful and ade-quate statement of composition. Theword ‘‘cordial’’ or ‘‘liqueur’’ need notbe stated in the case of cordials and li-queurs unless the Director finds suchword is necessary to clearly indicatethat the product is a cordial or liqueur.

(b) Products designed in accordancewith trade and consumer understanding.In the case of products designated inaccordance with trade and consumerunderstanding:

(1) A statement of the classes andtypes of distilled spirits used in themanufacture thereof shall be deemed asufficient statement of composition inthe case of highballs, cocktails, and


58

27 CFR Ch. I (4–1–98 Edition)§ 5.36

similar prepared specialties when thedesignation adequately indicates to theconsumer the general character of theproduct.

(2) No statement of composition is re-quired if the designation through gen-eral and established usage adequatelyindicates to the consumer the composi-tion of the product.A product shall not bear a designationwhich indicates it contains a class ortype of distilled spirits unless the dis-tilled spirits therein conform to suchclass and type.

(c) Origin of whiskies in mixtures. Inthe case of any of the types of whiskydefined in § 5.22(b), Class 2, which con-tains any whisky or whiskies producedin a country other than that indicatedby the type designation, there shall bestated on the brand label the percent-age of such whisky and the country ororigin thereof. In the case of mixturesof whisky, not conforming to any typedesignation in § 5.22(b), Class 2, thecomponents of which were distilled inmore than one country, there shall bestated in direct conjunction with theclass designation ‘‘whisky’’ a truthfuland adequate statement of the com-position of the product.

(d) Whisky manufactured in Scotland,Ireland, or Canada. All whisky manu-factured in Scotland, Ireland, or Can-ada, shall be deemed to be Scotch,Irish, or Canadian whisky, and shall beso designated, in conformity with§ 5.22(b) (7), (8), and (9), unless the appli-cation of such designation to the par-ticular product will result in consumerdeception, or unless such a product isnot entitled to such designation underthe laws of the country in which manu-factured.

(e) Cordials and liqueurs. The alco-holic components of cordails and li-queurs may, but need not, be stated onlabels.

§ 5.36 Name and address.(a) ‘‘Bottled by’’. (1) On labels of do-

mestic distilled spirits there shall bestated the phrase ‘‘bottled by’’,‘‘packed by’’, or ‘‘filled by’’, imme-diately followed by the name (or tradename) of the bottler and the placewhere such distilled spirits are bottled.If the bottler is the actual bona fide op-erator of more than one distilled spir-

its plant engaged in bottling oper-ations, there may, in addition, be stat-ed immediately following the name (ortrade name) of such bottler the ad-dresses of such other plants.

(2) Where distilled spirits are bottledby or for the distiller thereof, theremay be stated, in lieu of the phrase‘‘bottled by’’, ‘‘packed by’’, or ‘‘filledby’’, followed by the bottler’s name (ortrade name) and address, the phrase‘‘distilled by’’, followed by the name,or the trade name under which the par-ticular spirits were distilled, or (exceptin the case of distilled spirits labeledas bottled in bond) any trade nameshown on the distiller’s permit (cover-ing the premises where the particularspirits were distilled), and the address(or addresses) of the distiller.

(3) Where ‘‘straight whiskies’’ of thesame type which have been produced inthe same State by two or more dif-ferent distillers are combined (eitherat time of bottling or at awarehouseman’s bonded premises forfurther storage) and subsequently bot-tled and labeled as ‘‘straight whisky,’’such ‘‘straight whisky’’ shall be labeledin accordance with the requirements ofparagraph (a)(1) of this section. Wheresuch ‘‘straight whisky’’ is bottled by orfor the distillers thereof, there may bestated on the label, in lieu of the re-quirements of paragraph (a)(1) of thissection, the phraise ‘‘distilled by,’’ fol-lowed by the names (or trade names) ofthe different distillers who distilled aportion of the ‘‘straight whisky,’’ theaddresses of the distilleries where the‘‘straight whisky’’ was distilled, andthe percentage of ‘‘straight whisky’’distilled by each distiller (with a toler-ance of plus or minus 2 percent). In thecase where ‘‘straight whisky’’ is madeup of a mixture of ‘‘straight whiskies’’of the same type from two or more dif-ferent distilleries of the same propri-etor located within the same State,and where the ‘‘straight whisky’’ isbottled by or for the proprietor thereof,such ‘‘straight whisky’’ may be la-beled, in lieu of the requirements ofparagraph (a)(1) of the this section,with the phrase ‘‘distilled by’’ followedby the name (or trade name) of the pro-prietor and the addresses of the dif-ferent distilleries which distilled a por-tion of the ‘‘straight whisky.’’


59


(4) Where distilled spirits are bottledby or for the rectifier thereof, theremay be stated, in lieu of the phrase‘‘bottled by’’, ‘‘packed by’’, or ‘‘filledby’’, followed by the bottler’s name (ortrade name) and address, the phrases‘‘blended by’’, ‘‘made by’’, ‘‘preparedby’’, ‘‘manufactured by’’, or ‘‘producedby’’ (whichever may be appropriate tothe act of rectification involved) fol-lowed by the name (or trade name), andthe address (or addresses) of the rec-tifier.

(5) In addition to the requirements ofparagraphs (a)(1) and (a)(2) of this para-graph, the labels of bottled in bondspirits shall bear the real name of thedistillery or the trade name underwhich the distillery produced andwarehoused the spirits, the number ofthe plant in which produced and thenumber of the plant in which bottled.

(6) The label may state the address ofthe proprietor’s principal place of busi-ness in lieu of the place where the bot-tling, distilling or rectification oper-ation occurred, if the address where theoperation occurred is indicated byprinting, coding, or other markings, onthe label or on the bottle.

(b) ‘‘Imported by’’. (1) On labels of im-ported distilled spirits, bottled prior toimportation, there shall be stated thewords ‘‘imported by’’, ‘‘imported exclu-sively by’’, or a similar appropriatephrase, and immediately thereafter thename of the importer, or exclusiveagent, or sole distributor, or other per-son responsible for the importation, to-gether with the principal place of busi-ness in the United States of such per-son.

(2) On labels of imported distilledspirits bottled after importation thereshall be stated:

(i) The name of the bottler and placewhere bottled, immediately precededby the words ‘‘bottled by’’, ‘‘packedby’’, or ‘‘filled by’’; or

(ii) The name of the bottler and placewhere bottled, immediately precededby the words ‘‘bottled by’’, ‘‘packedby’’, or ‘‘filled by’’ and in conjunctiontherewith the name and address of theperson responsible for the importation,in the manner prescribed in paragraph(b)(1) of this section; or

(iii) The name and principal place ofbusiness in the United States of the

person responsible for the importation,if the spirits are bottled for such per-son, immediately preceded by thephrase ‘‘imported by and bottled(packed), (filled) in the United Statesfor’’ (or a similar appropriate phrase);or,

(iv) In the case of imported distilledspirits bottled after importation by theperson responsible for the importation,the words ‘‘imported and bottled(packed), (filled) by’’, ‘‘imported andbottled (packed), (filled) exclusivelyby’’, or a similar appropriate phrase,and immediately thereafter the nameof such person and the address of theplace where bottled or the address ofsuch person’s principal place of busi-ness.

(c) Post office address. The ‘‘place’’stated shall be the post office address,except that the street address may beomitted. No additional places or ad-dresses shall be stated for the sameperson, firm or corporation, unless (1)such person or retailer is actively en-gaged in the conduct of an additionalbona fide and actual alcoholic beveragebusiness at such additional place or ad-dress, and (2) the label also contains indirect conjunction therewith, appro-priate descriptive material indicatingthe function occurring at such addi-tional place or address.

(d) State of distillation. Except in thecase of ‘‘light whisky’’, ‘‘blended lightwhisky’’, ‘‘blended whisky’’, ‘‘a blendof straight whiskies’’, or ‘‘spirit whis-ky’’, the State of distillation shall beshown on the label of any whisky pro-duced in the United States if the whis-ky is not distilled in the State given inthe address on the brand label. The Di-rector may, however, require the Stateof distillation to be shown on the labelor he may permit such other labelingas may be necessary to negate any mis-leading or deceptive impression whichmight be created as to the actual Stateof distillation. In the case of ‘‘lightwhisky’’, as defined in § 5.22(b)(3), theState of distillation shall not appear inany manner on any label, when the Di-rector finds such State is associated byconsumers with an American typewhisky, except as a part of a name andaddress as set forth in paragraph (a) ofthis section.


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27 CFR Ch. I (4–1–98 Edition)§ 5.37

(e) Country of origin. On labels of im-ported distilled spirits there shall bestated the country of origin in substan-tially the following form ‘‘Product ofllllll’’, the blank to be filled inwith the name of the country of origin.

(f) Trade names. The trade name ofany permittee appearing on any labelshall be identical with the name inwhich his basic permit is issued by theregional regulatory administrator.


[T.D. 7020, 34 FR 20637, Dec. 30, 1969, asamended by T.D. ATF–62, 44 FR 71621, Dec.11, 1979; T.D. ATF–198, 50 FR 8464, Mar. 1,1985; T.D. ATF–259, 52 FR 41423, Oct. 28, 1987;T.D. ATF–260, 52 FR 42101, Nov. 3, 1987]

§ 5.37 Alcohol content.

(a) Statements. (1) Mandatory state-ment. The alcohol content for distilledspirits shall be stated in percent-alco-hol-by-volume. Products such as ‘‘Rockand Rye. or similar products contain-ing a significant amount of solid mate-rial shall state the alcohol content atthe time of bottling as follows: ‘‘Bot-tled at lll percent-alcohol-by-vol-ume.’’

(2) Optional statement. In addition, thelabel may also state the alcohol con-tent in degrees of proof if this informa-tion appears in direct conjunction (i.e.with no intervening material) with thestatement expressed in percent-alco-hol-by-volume. If both forms of alcoholcontent are shown, the optional state-ment in degrees of proof shall be placedin parentheses, in brackets, or other-wise distinguished from the mandatorystatement in percent-alcohol-by-by-volume to emphasize the fact that bothexpressions of alcohol content meanthe same thing.

(b) Tolerances. The following toler-ances shall be allowed (without affect-ing the labeled statement of alcoholcontent) for losses of alcohol contentoccurring during bottling:

(1) Not to exceed 0.25 percent alcoholby volume for spirits containing solidsin excess of 600 mg per 100 ml; or

(2) Not to exceed 0.25 percent alcoholby volume for any spirits product bot-tled in 50 or 100 ml size bottles; or

(3) Not to exceed 0.15 percent alcoholby volume for all other spirits.

(Approved by the Office of Management andBudget under Control Number 1512–0482)

(Sec. 201, Pub. L. 85–859, 72 Stat. 1394, asamended (26 U.S.C. 5301(a)); 49 Stat. 917, asamended (27 U.S.C. 205(e))

[T.D. ATF–237, 51 FR 36394, Oct. 10, 1986, asamended by T.D. ATF–288, 54 FR 47769, Nov.17, 1989]

§ 5.38 Net contents.

(a) Bottles conforming to metric stand-ards of fill. The net contents of distilledspirits shall be stated in the same man-ner and form as set forth in the stand-ards of fill in § 5.47a.

(b) Bottles not conforming to the metricstandards of fill. The net contents fordistilled spirits bottled before January1, 1980, in bottles not conforming to themetric standards of fill, shall be statedin the same manner and form as setforth in § 5.47(a), except for cordials andliqueurs, cocktails, highballs, bittersand specialties, as specified by the Di-rector. The net contents for these spe-cialty products shall be stated in U.S.measure (i.e., gallons, quarts, pints,fluid ounces).

(c) Net contents marked in bottles. Thenet contents need not be marked onany lable if they are legibly blown,etched, sandblasted, marked byunderglaze coloring, or otherwise per-manently marked by any method ap-proved by the Director on the side,front, or back of the container in anunobscured location. containers of 200ml or greater capacity shall bear let-ters and figures of not less than one-quarter inch height.

(d) Qualifying statements. Words orphrases qualifying statements of netcontents are prohibited.

(Sec. 5, 49 Stat. 981, as amended (27 U.S.C.205); 26 U.S.C. 5301)

[T.D. ATF–146, 48 FR 43321, Sept. 23, 1983, asamended by T.D. ATF–249, 52 FR 5956, Feb.27, 1987]

§ 5.39 Presence of neutral spirits andcoloring, flavoring, and blendingmaterials.

(a) Neutral spirits and name of commod-ity. (1) In the case of distilled spirits


61


(other than cordials, liqueurs, and spe-cialties) produced by blending or rec-tification, if neutral spirits have beenused in the production thereof, thereshall be stated the percentage of neu-tral spirits so used and the name of thecommodity from which such neutralspirits have been distilled. The state-ment of percentage and the name ofthe commodity shall be made in sub-stantially the following form:‘‘llll% neutral spirits distilledfrom lllllll (insert grain, caneproducts, or fruit as appropriate)’’; or‘‘llll% neutral spirits (vodka) dis-tilled from lllllll (insert grain,cane products, or fruit, as appro-priate)’’; or ‘‘llll% grain (caneproducts), (fruit) neutral spirits’’, or‘‘llll% grain spirits.’’

(2) In the case of neutral spirits or ofgin produced by a process of continu-ous distillation, there shall be statedthe name of the commodity from whichsuch neutral spirits or gin have beendistilled. The statement of the name ofthe commodity shall be made in sub-stantially the following form: ‘‘Dis-tilled from grain’’, or ‘‘Distilled fromcane products’’, or ‘‘Distilled fromfruit’’.

(b) Coloring materials. The words‘‘artifically colored’’ shall be stated onthe label of any distilled spirits con-taining synthetic or natural materialswhich primarily contribute color, orwhen the label conveys the impressionthat the color is derived from a sourceother than the actual source, exceptthat:

(1) If no coloring material other thannatural flavoring material has beenadded, there may be stated in lieu ofthe words ‘‘artificially colored’’ atruthful and adequate statement of thesource of the color;

(2) If no coloring material other thanthose certified as suitable for use infoods by the Food and Drug Adminis-tration has been added, there may bestated in lieu of the words ‘‘artificiallycolored,’’ the words ‘‘certified coloradded’’; and

(3) If no coloring material other thancaramel has been added, there may bestated in lieu of the words ‘‘artificiallycolored,’’ the words ‘‘colored with cara-mel,’’ or a substantially similar state-ment, but no such statement is re-

quired for the use of caramel in brandy,rum, or tequila, or in any type of whis-ky other than straight whisky.

(c) Treatment with wood. The words‘‘colored and flavored with wood lll(insert chips, slabs, etc., as appro-priate)’’ shall be stated as a part of theclass and type designation for whiskyand brandy treated, in whole or in part,with wood through percolation, or oth-erwise, during distillation or storage,other than through contact with theoak container. Provided, that the abovestatement shall not apply to brandytreated with an infusion of oak chip inaccordance with § 5.23(a).

[T.D. 720, 34 FR 20637, Dec. 30, 1969, as amend-ed by T.D. ATF–94, 46 FR 55097, Nov. 6, 1981;T.D. ATF–292, 55 FR 1065, Jan. 11, 1990]

§ 5.40 Statements of age and percent-age.

(a) Statements of age and percentage forwhisky. In the case of straight whiskybottled in conformity with the bottledin bond labeling requirements and ofdomestic or foreign whisky, whether ornot mixed or blended, all of which is 4years old or more, statements of ageand percentage are optional. As to allother whiskies there shall be stated thefollowing:

(1) In the case of whisky, whether ornot mixed or blended but containing noneutral spirits, the age of the youngestwhisky. The age statement shall readsubstantially as follows: ‘‘lll yearsold.’’

(2) In the case of whisky, containingneutral spirits, if any of the straightwhisky and/or other whisky is less than4 years old, the percentage by volumeof straight whisky and/or other whis-ky, and the age of the straight whisky(the youngest if two or more) and theage of such other whisky (the youngestif two or more). If all the straight whis-ky and/or other whisky is 4 years ormore old, the age and percentage state-ment for such whiskies is optional. Theage and percentage statement forstraight whiskies and/or other whisky,whether required or optional, shall bestated in immediate conjunction withthe neutral spirits statement requiredby § 5.39, and shall read substantially asfollows:

(i) If only one straight whisky and noother whisky is contained in the blend:


62

27 CFR Ch. I (4–1–98 Edition)§ 5.40

‘‘ll percent straight whisky llyears old.’’

(ii) If more than one straight whiskyand no other whisky is contained inthe blend: ‘‘ll percent straight whis-kies ll years or more old.’’ The ageblank shall be filled in with the age ofthe youngest straight whisky. In lieuof the foregoing, a statement may bemade of the ages and percentages ofeach of the straight whiskies containedin the blend: ‘‘ll percent straightwhisky ll years old, ll percentstraight whisky ll years old, and llpercent straight whisky ll yearsold.’’

(iii) If only one straight whisky andone other whisky is contained in theblend: ‘‘ll percent straight whiskyll years old, ll percent whisky llyears old.’’

(iv) If more than one straight whiskyand more than one other whisky is con-tained in the blend: ‘‘ll percentstraight whiskies ll years or moreold, ll percent whiskies ll years ormore old.’’ The age blanks shall befilled in with the ages of the youngeststraight whisky and the youngest otherwhisky. In lieu of the foregoing, astatement may be made of the ages andpercentages of each of the straightwhiskies and other whiskies containedin the blend: ‘‘ll percent straightwhisky ll years old, ll percentstraight whisky ll years old, ll per-cent whisky ll years old, and llpercent whisky ll years old.’’

(3) In the case of imported whiskiesdescribed in § 5.22(l), Class 12, the labelsshall state the ages and percentages inthe same manner and form as is re-quired for the same type of whisky pro-duced in the United States.

(4) Notwithstanding the foregoingprovisions of this paragraph, in thecase of whisky produced in the UnitedStates and stored in reused oak con-tainers, except for corn whisky, and forlight whisky produced on or after Jan-uary 26, 1968, there shall be stated inlieu of the words ‘‘ll years old’’ theperiod of storage in reused oak con-tainers as follows: ‘‘ll stored llyears in reused cooperage.’’

(5) Optional age statements shall ap-pear in the same form as required agestatements.

(b) Statements of age for rum, brandy,and Tequila. Age may, but need not, bestated on labels of rums, brandies, andTequila, except that an appropriatestatement with respect to age shall ap-pear on the brand label in case of bran-dy (other than immature brandies andfruit brandies which are not customar-ily stored in oak containers) not storedin oak containers for a period of atleast 2 years. If age is stated, it shallbe substantially as follows: ‘‘ll yearsold’’; the blank to be filled in with theage of the youngest distilled spirits inthe product.

(c) Statement of storage for grain spir-its. In case of grain spirits, the periodof storage in oak containers may bestated in immediate conjunction withthe required percentage statement; forexample, ‘‘ll% grain spirits storedll years in oak containers.’’

(d) Other distilled spirits. Age, matu-rity, or similar statements or represen-tations as to neutral spirits (except forgrain spirits as stated in paragraph (c)of this section), gin, liqueurs, cordials,cocktails, highballs, bitters, flavoredbrandy, flavored gin, flavored rum, fla-vored vodka, flavored whisky, and spe-cialties are misleading and are prohib-ited from being stated on any label.

(e) Miscellaneous age representations.(1) Age may be understated but shallnot be overstated.

(2) If any age, maturity, or similarrepresentation is made relative to anydistilled spirits (such representationsfor products enumerated in paragraph(d) of this section are prohibited), theage shall also be stated on all labelswhere such representation appears, andin a manner substantially as conspicu-ous as such representation: Provided.That the use of the word ‘‘old’’ or otherword denoting age, as part of the brandname, shall not be deemed to be an agerepresentation: And provided further,That the labels of whiskies and brand-ies (except immature brandies) not re-quired to bear a statement of age, andrum and Tequila aged for not less than4 years, may contain general incon-spicuous age, maturity or similar rep-resentations without the label bearingan age statement.


63



[T.D. 7020, 34 FR 20637, Dec. 30, 1969, asamended by T.D. ATF–62, 44 FR 71621, Dec.11, 1979; T.D. ATF–198, 50 FR 8464, Mar. 1,1985]

§ 5.41 Bottle cartons, booklets and leaf-lets.

(a) General. An individual covering,carton, or other container of the bottleused for sale at retail (other than ashipping container), or any written,printed, graphic, or other matter ac-companying the bottle to the consumerbuyer shall not contain any statement,design, device, or graphic, pictorial, oremblematic representation that is pro-hibited by §§ 5.31 through 5.42 on labels.

(b) Sealed opaque cartons. If bottlesare enclosed in sealed opaque cover-ings, cartons, or other containers usedfor sale at retail (other than shippingcontainers), such coverings, cartons, orother containers must bear all manda-tory label information.

(c) Other cartons. (1) If an individualcovering, carton, or other container ofthe bottle used for sale at retail (otherthan a shipping container) is so de-signed that the bottle is readily remov-able, it may display any informationwhich is not in conflict with the labelon the bottle contained therein.

(2) Cartons displaying brand namesand/or designations must display suchnames and designations in their en-tirety—brand names required to bemodified, e.g. by ‘‘Brand’’ or ‘‘Productof U.S.A.’’, must also display suchmodification.

(3) Specialty products for which atruthful and adequate statement ofcomposition is required must displaysuch statement.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, asamended by T.D. ATF–36, 41 FR 47426, Oct.29, 1976]

§ 5.42 Prohibited practices.

(a) Statements on labels. Bottles con-taining distilled spirits, or any labelson such bottles, or any individual cov-ering, carton, or other container ofsuch bottles used for sale at retail, orany written, printed, graphic, or othermatter accompanying such bottles tothe consumer shall not contain:

(1) Any statement that is false or un-true in any particular, or that, irre-spective of falsity, directly, or by am-biguity, omission, or inference, or bythe addition of irrelevant, scientific ortechnical matter, tends to create amisleading impression.

(2) Any statement that is disparagingof a competitor’s product.

(3) Any statement, design, device, orrepresentation which is obscene or in-decent.

(4) Any statement, design, device, orrepresentation of or relating to analy-ses, standards, or tests, irrespective offalsity, which the Director finds to belikely to mislead the consumer.

(5) Any statement, design, device, orrepresentation of or relating to anyguarantee, irrespective of falsity,which the Director finds to be likely tomislead the consumer. Money-backguarantees are not prohibited.

(6) A trade or brand name that is thename of any living individual of publicprominence, or existing private or pub-lic organization, or is a name that is insimulation or is an abbreviation there-of, or any graphic, pictorial, or em-blematic representation of any such in-dividual or organization, if the use ofsuch name or representation is likelyto falsely lead the consumer to believethat the product has been endorsed,made, or used by, or produced for, orunder the supervision of, or in accord-ance with the specifications of, such in-dividual or organization: Provided,That this paragraph shall not apply tothe use of the name of any person en-gaged in business as a distiller, rec-tifier, blender, or other producer, or asan importer, wholesaler, retailer,bottler, or warehouseman, of distilledspirits, nor to the use by any person ofa trade or brand name that is the nameof any living individual of public prom-inence or existing private or public or-ganization, provided such trade orbrand name was used by him or hispredecessors in interest prior to Au-gust 29, 1935.

(b) Miscellaneous. (1) Labels shall notbe of such design as to resemble or sim-ulate a stamp of the U.S. Governmentor any State or foreign government.Labels, other than stamps authorizedor required by this or any other gov-ernment, shall not state or indicate


64

27 CFR Ch. I (4–1–98 Edition)§ 5.42

that the distilled spirits are distilled,blended, made, bottled, or sold under,or in accordance with, any municipal,State, Federal, or foreign authoriza-tion, law, or regulations, unless suchstatement is required or specificallyauthorized by Federal, State, munici-pal, or foreign law or regulations. Thestatements authorized by this part toappear on labels for domestic distilledspirits are ‘‘Distilled (produced, bar-reled, warehoused, blended, or bottled,or any combination thereof, as the casemay be) under United States (U.S.)Government supervision’’, or in thecase of distilled spirits labeled as bot-tled in bond, ‘‘Bottled in bond underUnited States (U.S.) Government su-pervision’’. If the municipal, State, orFederal Government permit number isstated on a label, it shall not be accom-panied by any additional statement re-lating thereto.

(2) If imported distilled spirits arecovered by a certificate of origin or ofage issued by a duly authorized officialof the appropriate foreign government,the label, except where prohibited bythe foreign government, may refer tosuch certificate or the fact of such cer-tification, but shall not be accom-panied by any additional statement re-lating thereto. The reference to suchcertificate or certification shall, in thecase of Cognac, be substantially in thefollowing form: ‘‘This product accom-panied at the time of importation byan ‘Acquit Regional Jaune d’Or’ issuedby the French Government, indicatingthat this grape brandy was distilled inthe Cognac Region of France’’; and inthe case of other distilled spirits, sub-stantially in the following form: ‘‘Thisproduct accompanied at time of impor-tation by a certificate issued by thell government (name of government)indicating that the product is ll(class and type as required to be statedon the label), and (if label claims age)that none of the distilled spirits are ofan age less than stated on this label.’’

(3) The words ‘‘bond’’, ‘‘bonded’’,‘‘bottled in bond’’, ‘‘aged in bond’’, orphrases containing these or synony-mous terms, shall not be used on anylabel or as part of the brand name ofdomestic distilled spirits unless thedistilled spirits are:

(i) Composed of the same kind ofspirits produced from the same class ofmaterials;

(ii) Produced in the same distillingseason by the same distiller at thesame distillery;

(iii) Stored for at least four years inwooden containers wherein the spiritshave been in contact with the woodsurface except for gin and vodka whichmust be stored for at least four yearsin wooden containers coated or linedwith paraffin or other substance whichwill preclude contact of the spiritswith the wood surface;

(iv) Unaltered from their originalcondition or character by the additionor subtraction of any substance otherthan by filtration, chill proofing, orother physical treatments (which donot involve the addition of any sub-stance which will remain incorporatedin the finished product or result in achange in class or type);

(v) Reduced in proof by the additionof pure water only to 100 degrees ofproof; and

(vi) Bottles at 100 degrees of proof.

In addition to the requirements of§ 5.36(a) (1) or (2), the label shall bearthe real name of the distillery or thetrade name under which the distilleryproduced and warehoused the spirits,and the plant (or registered distillery)number in which produced; and theplant number in which bottled. Thelabel may also bear the name or tradename of the bottler.

(4) The words ‘‘bond’’, ‘‘bonded’’,‘‘bottled in bond’’, ‘‘aged in bond’’, orphrases containing these or synony-mous terms, shall not be used on anylabel or as part of the brand name ofimported distilled spirits unless thedistilled spirits meet in all respects therequirements applicable to distilledspirits bottled for domestic consump-tion, so labeled, and unless the lawsand regulations of the country inwhich such distilled spirits are pro-duced authorize the bottling of dis-tilled spirits in bond and require orspecifically authorize such distilledspirits to be so labeled. All spirits la-beled as ‘‘bonded’’, ‘‘bottled in bond’’,or ‘‘aged in bond’’ pursuant to the pro-visions of this paragraph shall bear indirect conjunction with such statement


65


and in script, type, or printing substan-tially as conspicuous as that used onsuch statement, the name of the coun-try under whose laws and regulationssuch distilled spirits were so bottled.

(5) The word ‘‘pure’’ shall not be stat-ed upon labels unless:

(i) It refers to a particular ingredientused in the production of the distilledspirits, and is a truthful representationabout that ingredient; or

(ii) It is part of the bona fide name ofa permittee or retailer for whom thedistilled spirits are bottled; or

(iii) It is part of the bona fide nameof the permittee who bottled the dis-tilled spirits.

(6) Distilled spirits shall not be la-beled as ‘‘double distilled’’ or ’’tripledistilled’’ or any similar term unless itis a truthful statement of fact; exceptthat ‘‘double distilled’’ or ‘‘triple dis-tilled’’ shall not be permitted on labelsof distilled spirits produced by the re-distillation method when a second orthird distillation step is a necessarydistillation process for the productionof the product.

(7) Labels shall not contain anystatement, design, device, or pictorialrepresentation which the Director findsrelates to, or is capable of being con-strued as relating to, the armed forcesof the United States, or the Americanflag, or any emblem, seal, insignia, ordecoration associated with such flag orarmed forces; nor shall any label con-tain any statement, design, device, orpictorial representation of or concern-ing any flag, seal, coat of arms, crestor other insignia, likely to mislead theconsumer to believe that the producthas been endorsed, made, or used by, orproduced for, or under the supervisionof, or in accordance with the specifica-tions of the government, organization,family, or individual with whom suchflag, seal, coat of arms, crest, or insig-nia is associated.

(8) Curative and therapeutic claims.Labels shall not contain any state-ment, design, representation, pictorialrepresentation, or device representingthat the use of distilled spirits has cu-rative or therapeutic effects if suchstatement is untrue in any particularor tends to create a misleading impres-sion.Q P=’04’≤


[T.D. 7020, 34 FR 20637, Dec. 30, 1969, asamended by T.D. ATF–62, 44 FR 71621, Dec.11, 1979; T.D. ATF–180, 49 FR 31673, Aug. 8,1984; 49 FR 35768. Sept. 12, 1984; T.D. ATF–198,50 FR 8464, Mar. 1, 1985; 50 FR 23410, June 4,1985]

Subpart E—Standards of Fill forBottled Distilled Spirits

§ 5.45 Application.No person engaged in business as a

distiller, rectifier, importer, whole-saler, or warehouseman and bottler, di-rectly or indirectly, or through an af-filiate, shall sell or ship or deliver forsale or shipment, or otherwise intro-duce in interstate or foreign com-merce, or receive therein or removefrom customs custody any distilledspirits in bottles unless such distilledspirits are bottled and packed in con-formity with §§ 5.46 through 5.47a.


[T.D. ATF–25, 41 FR 10221, Mar. 10, 1976; T.D.ATF–146, 48 FR 43321, Sept. 23, 1983]

§ 5.46 Standard liquor bottles.(a) General. A standard liquor bottle

shall be one so made and formed, andso filled, as not to mislead the pur-chaser. An individual carton or othercontainer of a bottle shall not be so de-signed as to mislead purchasers as tothe size of the bottles.

(b) Headspace. A liquor bottle of a ca-pacity of 200 milliliters or more shallbe held to be so filled as to mislead thepurchaser if it has a headspace in ex-cess of 8 percent of the total capacityof the bottle after closure.

(c) Design. A liquor bottle shall beheld (irrespective of the correctness ofthe stated net contents) to be so madeand formed as to mislead the pur-chaser, if its actual capacity is sub-stantially less than the capacity it ap-pears to have upon visual examinationunder ordinary conditions of purchaseor use.

(d) Exceptions. The headspace and de-sign requirements in paragraphs (b)and (c) of this section do not apply toliquor bottles which are specifically ex-empted by the Director, pursuant to an


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27 CFR Ch. I (4–1–98 Edition)§ 5.47

application filed by the bottler or im-porter.


[T.D. 7020, 34 FR 20337, Dec. 30, 1969, asamended by T.D. ATF–25, 41 FR 10221, Mar.10, 1976; 41 FR 11022, Mar. 16, 1976; T.D. ATF–62, 44 FR 71622, Dec. 11, 1979; T.D. ATF–146, 48FR 43321, Sept. 23, 1983]

§ 5.47 Standards of fill (distilled spiritsbottled before January 1, 1980).

(a) Authorized standards of fill. Thestandards of fill for all distilled spirits,whether domestically bottled, or im-ported, subject to the tolerances al-lowed in this section, shall be as fol-lows:1 gallon. 4⁄5 pint.1⁄2 gallon. 1⁄2 pint.1 quart. 1⁄8 pint.4⁄5 quart. 1⁄10 pint.1 pint. 1⁄16 pint (brandy only).

(b) Tolerances. The following toler-ances shall be allowed:

(1) Discrepancies due to errors inmeasuring which occur in filling con-ducted in compliance with good com-mercial practice.

(2) Discrepancies due to differences inthe capacity of bottles, resulting solelyfrom unavoidable difficulties in manu-facturing such bottles to a uniform ca-pacity: Provided, That no greater toler-ance shall be allowed in case of bottleswhich, because of their design, cannotbe made of approximately uniform ca-pacity than is allowed in case of bot-tles which can be manufactured so asto be of approximately uniform capac-ity.

(3) Discrepancies in measure due todifferences in atmospheric conditionsin various places and which unavoid-ably result from the ordinary and cus-tomary exposure of alcoholic beveragesin bottles to evaporation. The reason-ableness of discrepancies under thisparagraph shall be determined on thefacts in each case.

(c) Unreasonable shortages. Unreason-able shortages in certain of the bottlesin any shipment shall not be com-pensated by overages in other bottlesin the same shipment.

(d) Limitations. This section does notapply after December 31, 1979.


[T.D. 7020, 34 FR 20337, Dec. 30, 1969, asamended by T.D. ATF–25, 41 FR 10221, Mar.10, 1976; T.D. ATF–146, 48 FR 43321, Sept. 23,1983]

§ 5.47a Metric standards of fill (dis-tilled spirits bottled after December31, 1979).

(a) Authorized standards of fill. Thestandards of fill for distilled spirits arethe following:

(1) For containers other than cans de-scribed in paragraph (a)(2), of this sec-tion—

1.75 liters1.00 liter750 milliliters500 milliliters (Authorized for bottling until

June 30, 1989)375 milliliters200 milliliters100 milliliters50 milliliters

(2) For metal containers which havethe general shape and design of a can,which have a closure which is an inte-gral part of the container, and whichcannot be readily reclosed after open-ing—

355 milliliters200 milliliters100 milliliters50 milliliters

(b) Tolerances. The following toler-ances shall be allowed:

(1) Discrepancies due to errors inmeasuring which occur in filling con-ducted in compliance with good com-mercial practice.

(2) Discrepancies due to differences inthe capacity of bottles, resulting solelyfrom unavoidable difficulties in manu-facturing such bottles to a uniform ca-pacity: Provided, That no greater toler-ance shall be allowed in case of bottleswhich, because of their design, cannotbe made of approximately uniform ca-pacity than is allowed in case of bot-tles which can be manufactured so asto be of approximately uniform capac-ity.

(3) Discrepancies in measure due todifferences in atmospheric conditionsin various places and which unavoid-ably result from the ordinary and cus-tomary exposure of alcoholic beverages


67


in bottles to evaporation. The reason-ableness of discrepancies under thisparagraph shall be determined on thefacts in each case.

(c) Unreasonable shortages. Unreason-able shortages in certain of the bottlesin any shipment shall not be com-pensated by overages in other bottlesin the same shipment.

(d) Distilled spirits bottled before Janu-ary 1, 1980. Distilled spirits bottled do-mestically before January 1, 1980, maybe marketed after December 31, 1979, ifsuch distilled spirits were bottled inaccordance with § 5.47. (See § 5.53 forsimilar provisions relating to distilledspirits imported in original contain-ers.)


[T.D. ATF–25, 41 FR 10221, Mar. 10, 1976, asamended at 41 FR 11022, Mar. 16, 1976; 41 FR11497, Mar. 19, 1976; T.D. ATF–35, 41 FR 46859,Oct. 26, 1976; T.D. ATF–62, 44 FR 71622, Dec.11, 1979; T.D. ATF–146, 48 FR 43321, Sept. 23,1983; T.D. ATF–228, 51 FR 16170, May 1, 1986;T.D. ATF–326, 57 FR 31128, July 14, 1992]

Subpart F—Requirements for With-drawal From Customs Cus-tody of Bottled Imported Dis-tilled Spirits

§ 5.51 Label approval and release.(a) Certificate of label approval. Bot-

tled distilled spirits shall not be re-leased from Customs custody for con-sumption unless there is deposited withthe appropriate Customs officer at theport of entry the original or a photo-static copy of an approved certificateof label approval, ATF Form 5100.31.

(b) Release. If the original or photo-static copy of ATF Form 5100.31 hasbeen approved, the brand or lot of dis-tilled spirits bearing labels identicalwith those shown thereon may be re-leased from U.S. Customs custody.

(c) Relabeling. Imported distilled spir-its in U.S. Customs custody which arenot labeled in conformity with certifi-cates of label approval issued by theDirector must be relabeled prior to re-lease under the supervision of the Cus-toms officers of the port at which thespirits are located.

(d) Statements of process. ATF Forms5100.31 covering labels for gin bearingthe word ‘‘distilled’’ as a part of thedesignation shall be accompanied by astatement prepared by the manufac-turer, setting forth a step-by-step de-scription of the manufacturing process.

[T.D. ATF–66, 45 FR 40549, June 13, 1980, asamended by T.D. ATF–94, 46 FR 55097, Nov. 6,1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986;T.D. ATF–359, 59 FR 42160, Aug. 17, 1994]

§ 5.52 Certificates of age and origin.

(a) Scotch, Irish, and Canadian whis-kies. Scotch, Irish, and Canadian whis-kies, imported in bottles, shall not bereleased from customs custody for con-sumption unless the invoice is accom-panied by a certificate of origin issuedby a duly authorized official of theBritish, Irish, or Canadian Govern-ment, certifying (1) that the particulardistilled spirits are Scotch, Irish, orCanadian whisky, as the case may be,(2) that the distilled spirits have beenmanufactured in compliance with thelaws of the respective foreign govern-ments regulating the manufacture ofwhisky for home consumption, and (3)that the product conforms to the re-quirements of the Immature SpiritsAct of such foreign governments forspirits intended for home consumption.In addition, a duly authorized officialof the appropriate foreign governmentmust certify to the age of the youngestdistilled spirits in the bottle. The agecertified shall be the period duringwhich, after distillation and before bot-tling, the distilled spirits have beenstored in oak containers.

(b) Brandy, Cognac, and rum. Brandy(other than fruit brandies of a type notcustomarily stored in oak containers)or Cognac, imported in bottles, shallnot be released from customs custodyfor consumption unless accompaniedby a certificate issued by a duly au-thorized official of the appropriate for-eign country certifying that the age ofthe youngest brandy or Cognac in thebottle is not less than 2 years, or if ageis stated on the label that none of thedistilled spirits are of an age less than


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that stated. If the label of any rum, im-ported in bottles, contains any state-ment of age, the rum shall not be re-leased from customs custody for con-sumption unless accompanied by a cer-tificate issued by a duly authorized of-ficial of the appropriate foreign coun-try, certifying to the age of the young-est rum in the bottle. The age certifiedshall be the period during which, afterdistillation and before bottling, thedistilled spirits have been stored in oakcontainers. If the label of any fruitbrandy, not stored in oak containers,bears any statement of storage in othertype containers, the brandy must beaccompanied by a certificate issued bya duly authorized official of the appro-priate foreign government certifying tosuch storage. Cognac, imported in bot-tles, shall not be released from customscustody for consumption unless the in-voice is accompanied by a certificateissued by a duly authorized official ofthe French Government, certifyingthat the product is grape brandy dis-tilled in the Cognac region of Franceand entitled to be designated as ‘‘Co-gnac’’ by the laws and regulations ofthe French Government.

(c) Tequila. (1) Tequila, imported inbottles, shall not be released from cus-toms custody for consumption unless acertificate of a duly authorized officialof the Mexican Government that theproduct is entitled to be designated asTequila under the applicable laws andregulations of the Mexican Govern-ment is filed with the application forrelease.

(2) If the label of any Tequila im-ported in bottles, contains any state-ment of age, the Tequila shall not bereleased from customs custody for con-sumption unless a certificate of a dulyauthorized official of the Mexican Gov-ernment as to the age of the youngestTequila in the bottle is filed with theapplication for release. The age cer-tified shall be the period during whichthe Tequila has been stored in oak con-tainers after distillation and beforebottling.

(d) Other whiskies. Whisky, as definedin § 5.22(b) (1), (4), (5), and (6), importedin bottles, shall not be released fromcustoms custody for consumption un-less accompanied by a certificateissued by a duly authorized official of

the appropriate foreign governmentcertifying:

(1) In the case of whisky, whether ornot mixed or blended but containing noneutral spirits, (i) the class and typethereof, (ii) the American proof atwhich produced, (iii) that no neutralspirits (or other whisky in the case ofstraight whisky) has been added as apart thereof or included therein,whether or not for the purpose of re-placing outage, (iv) the age of the whis-ky, and (v) the type of oak container inwhich such age was acquired (whethernew or reused; also whether charred oruncharred);

(2) In the case of whisky containingneutral spirits, (i) the class and typethereof, (ii) the percentage of straightwhisky, if any, used in the blend, (iii)the American proof at which thestraight whisky was produced, (iv) thepercentage of other whisky, if any, inthe blend, (v) the percentage of neutralspirits in the blend, and the name ofthe commodity from which distilled,(vi) the age of the straight whisky andthe age of the other whisky in theblend, and (vii) the type of oak con-tainers in which such age or ages wereacquired (whether new or reused; alsowhether charred or uncharred).

(e) Miscellaneous. Distilled spirits(other than Scotch, Irish, and Canadianwhiskies, and Cognac) in bottles shallnot be released from customs custodyfor consumption unless the invoice isaccompanied by a certificate of originissued by a duly authorized official ofthe appropriate foreign government, ifthe issuance of such certificates withrespect to such distilled spirits hasbeen authorized by the foreign govern-ment concerned, certifying as to theidentity of the distilled spirits and thatthe distilled spirits have been manufac-tured in compliance with the laws ofthe respective foreign government reg-ulating the manufacture of such dis-tilled spirits for home consumption.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, asamended by T.D. ATF–7, 38 FR 33471, Dec. 5,1973]

§ 5.53 Certificate of nonstandard fill.

(a) Distilled spirits imported in origi-nal containers not conforming to themetric standards of fill prescribed in


69


§ 5.47a shall not be released from Cus-toms custody after December 31, 1979:

(1) Unless the distilled spirits are ac-companied by a statement signed by aduly authorized official of the appro-priate foreign country, stating that thedistilled spirits were bottled or packedprior to January 1, 1980; or

(2) Unless the distilled spirits arebeing withdrawn from a Customs bond-ed warehouse or foreign trade zone intowhich entered on or before December31, 1979.

(b) Distilled spirits imported in 500ml containers shall not be releasedfrom Customs custody after June 30,1989:

(1) Unless the distilled spirits are ac-companied by a certificate issued bythe government of the appropriate for-eign country, stating that the distilledspirits were bottled or packed prior toJuly 1, 1989; or

(2) Unless the distilled spirits arebeing withdrawn from a Customs bond-ed warehouse or foreign trade zone intowhich entered on or before June 30,1989.

[T.D. ATF–25, 41 FR 10222, Mar. 10, 1976, asamended by T.D. ATF–228, 51 FR 16170, May1, 1986]

Subpart G—Requirements for Ap-proval of Labels of Domesti-cally Bottled Distilled Spirits

§ 5.55 Certificates of label approval.(a) Requirement. Distilled spirits shall

not be bottled or removed from a plant,except as provided in paragraph (b) ofthis section, unless the proprietor pos-sesses a certificate of label approval,ATF Form 5100.31, covering the labelson the bottle, issued by the Directorpursuant to application on such form.Application for certificates of label ap-proval covering labels for imported ginbearing the word ‘‘distilled’’ as a partof the designation shall be accom-panied by a statement prepared by themanufacturer setting forth a step-by-step description of the manufacturingprocess.

(b) Exemption. Any bottler of distilledspirits shall be exempt from the re-quirements in paragraph (a) of this sec-tion and § 5.56 if the bottler possesses acertificate of exemption from label ap-

proval, ATF Form 5100.31, issued by theDirector pursuant to application onthat Form showing that the distilledspirits to be bottled are not to be sold,offered for sale, or shipped or deliveredfor shipment, or otherwise introducedinto interstate or foreign commerce.

(c) Miscellaneous. Photoprints orother reproductions of certificates oflabel approval, or certificates of ex-emption are not acceptable as sub-stitutes for an original or duplicateoriginal (issued, on request, by the Di-rector) of a certificate. The original orduplicate original of such certificatesshall, on demand, be exhibited to anauthorized officer of the U.S. Govern-ment.

[T.D. ATF–66, 45 FR 40550, June 13, 1980, asamended by T.D. ATF–94, 46 FR 55097, Nov. 6,1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986]

§ 5.56 Certificates of age and origin.

Distilled spirits imported in bulk forbottling in the United States shall notbe removed from the plant where bot-tled unless the bottler possesses certifi-cates of age and certificates of originapplicable to such spirits which aresimilar to the certificates required by§ 5.52 for like distilled spirits importedin bottles.

Subpart H—Advertising of DistilledSpirits

§ 5.61 Application.

No person engaged in business as adistiller, rectifier, importer, whole-saler, or warehouseman and bottler ofdistilled spirits, directly or indirectlyor through an affiliate, shall publish ordisseminate or cause to be published ordisseminated by radio or televisionbroadcast, or in any newspaper, peri-odical, or any publication, by any signor outdoor advertisement, or any otherprinted or graphic matter, any adver-tisement of distilled spirits, if such ad-vertising is in, or is calculated to in-duce sales in, interstate or foreigncommerce, or is disseminated by mail,unless such advertisement is in con-formity with §§ 5.61 through 5.66 of thispart. Provided, that such sections shallnot apply to outdoor advertising inplace on (effective date of this treasury


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27 CFR Ch. I (4–1–98 Edition)§ 5.62

decision), but shall apply upon replace-ment, restoration, or renovation of anysuch advertising; and provided further,that such sections shall not apply to aretailer or the publisher of any news-paper, periodical, or other publication,or radio or television broadcast, unlesssuch retailer or publisher or radio ortelevision broadcaster is engaged inbusiness as a distiller, rectifier, im-porter, wholesaler, or warehousemanand bottler of distilled spirits, directlyor indirectly, or through an affiliate.

[T.D. ATF–180, 49 FR 31673, Aug. 8, 1984]

§ 5.62 Definition.

As used in §§ 5.61 through 5.66 of thispart, the term ‘‘advertisement’’ in-cludes any written or verbal state-ment, illlustration, or depiction whichis in, or calculated to induce sales in,interstate or foreign commerce, or isdisseminated by mail, whether it ap-pears in a newspaper, magazine, tradebooklet, menu, wine card, leaflet, cir-cular, mailer, book insert, catalog, pro-motional material, sales pamphlet, orin any written, printed, graphic, orother matter accompanying the bottle,representations made on cases or inany billboard, sign, other outdoor dis-play, public transit card, other periodi-cal literature, publication, or in a radioor television broadcast, or in any othermedia; except that such term shall notinclude:

(a) Any label affixed to any bottle ofdistilled spirits; or any individual cov-ering, carton, or other container of thebottle which constitute a part of thelabeling under §§ 5.31 through 5.42 ofthis part.

(b) Any editorial or other readingmaterial (i.e., news release) in any peri-odical or publication or newspaper forthe publication of which no money orvaluable consideration is paid or prom-ised, directly or indirectly, by any per-mittee, and which is not written by orat the direction of the permittee.

[T.D. ATF–180, 49 FR 31673, Aug. 8, 1984]

§ 5.63 Mandatory statements.

(a) Responsible advertiser. The adver-tisement shall state the name and ad-dress of the permittee responsible forits publication or broadcast. Street

number and name may be omitted inthe address.

(b) Class and type. The advertisementshall contain a conspicuous statementof the class to which the product be-longs and the type thereof correspond-ing with the statement of class andtype which is required to appear on thelabel of the product.

(c) Alcohol content—(1) Mandatorystatement. The alcohol content for dis-tilled spirits shall be stated in percent-alcohol-by-volume. Products such as‘‘Rock and Rye’’ or similar productscontaining a significant amount ofsolid material shall state the alcoholcontent at the time of bottling as fol-lows: ‘‘Bottled at lll percent-alco-hol-by-volume.’’

(2) Optional statement. In addition, theadvertisement may also state the alco-hol content in degrees of proof if thisinformation appears in direct conjunc-tion (i.e. with no intervening material)with the statement expressed in per-cent-alcohol-by-volume. If both formsof alcohol content are shown, the op-tional statement in degrees of proofshall be placed in parentheses, inbrackets, or otherwise distinguishedfrom the mandatory statement in per-cent-alcohol-by-volume to emphasizethe fact that both expressions of alco-hol content mean the same thing.

(d) Percentage of neutral spirits andname of commodity. (1) In the case ofdistilled spirits (other than cordials, li-queurs, and specialties) produced byblending or rectification, if neutralspirits have been used in the produc-tion thereof, there shall be stated thepercentage of neutral spirits so usedand the name of the commodity fromwhich such neutral spirits have beendistilled. The statement of percentageand the name of the commodity shallbe made in substantially the followingform: ‘‘ll% neutral spirits distilledfrom llll (insert grain, cane prod-ucts, or fruit, as appropriate)’’; orll% neutral spirits (vodka) distilledfrom llll (insert grain, cane prod-uct, or fruit, as appropriate)’’; or‘‘ll% grain (cane products), (fruit)neutral spirits’’; or ‘‘ll% grain spir-its’’.

(2) In the case of neutral spirits or ofgin produced by a process of continu-ous distillation, there shall be stated


71


the name of the commodity from whichsuch neutral spirits or gin has been dis-tilled. The statement of the name ofthe commodity shall be made in sub-stantially the following form: ‘‘Dis-tilled from grain’’, or ‘‘Distilled fromcane products’’, or ‘‘Distilled fromfruit.’’

(e) Exception. (1) If an advertisementrefers to a general distilled spirits lineor all of the distilled spirits products ofone company, whether by the companyname or by the brand name common toall the distilled spirits in the line, theonly mandatory information necessaryis the name and address of the respon-sible advertiser. This exception doesnot apply where only one type of dis-tilled spirits is marketed under thespecific brand name advertised.

(2) On consumer specialty items, theonly information necessary is the com-pany name or brand name of the prod-uct.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, asamended by T.D. ATF–180, 49 FR 31674, Aug.8, 1984; T.D. ATF–237, 51 FR 36394, Oct. 10,1986]

§ 5.64 Legibility of mandatory informa-tion.

(a) Statements required under §§ 5.61through 5.66 of this part to appear inany written, printed, or graphic adver-tisement shall be in lettering or typesize sufficient to be conspicuous andreadily legible.

(b) In the case of signs, billboards,and displays the name and address ofthe permittee responsible for the ad-vertisement may appear in type size oflettering smaller than the other man-datory information, provided such in-formation can be ascertained uponcloser examination of the sign or bill-board.

(c) Mandatory information shall beso stated as to be clearly a part of theadvertisement and shall not be sepa-rated in any manner from the remain-der of the advertisement.

(d) Manadatory information for twoor more products shall not be statedunless clearly separated.

(e) Mandatory information shall beso stated in both the print and audio-visual media that it will be readily ap-

parent to the persons viewing the ad-vertisement.

[T.D. ATF–180, 49 FR 31674, Aug. 8, 1984]

§ 5.65 Prohibited practices.

(a) Restrictions. An advertisement ofdistilled spirits shall not contain:

(1) Any statement that is false or un-true in any material particular, orthat, irrespective of falsity, directly, orby ambiguity, omission, or inference,or by the addition of irrelevant, sci-entific or technical matter tends tocreate a misleading impression.

(2) Any statement that is disparagingof a competitor’s product.

(3) Any statement, design, device, orrepresentation which is obscene or in-decent.

(4) Any statement, design, device, orrepresentation of or relating to analy-ses, standards or tests, irrespective offalsity, which the Director finds to belikely to mislead the consumer.

(5) Any statement, design, device, orrepresentation of or relating to anyguarantee, irrespective of falsity,which the Director finds to be likely tomislead the consumer. Money-backguarantees are not prohibited.

(6) Any statement that the distilledspirits are distilled, blended, made,bottled, or sold under or in accordancewith any municipal, State, Federal, orforeign authorization, law, or regula-tion, unless such statement appears inthe manner authorized by § 5.42 for la-bels of distilled spirits. If a municipal,State or Federal permit number isstated, such permit number shall notbe accompanied by any additionalstatement relating thereto.

(7) The words ‘‘bond’’, ‘‘bonded’’,‘‘bottled in bond’’, ‘‘aged in bond’’, orphrases containing these or synony-mous terms, unless such words orphrases appear, pursuant to § 5.42, onlabels of the distilled spirits adver-tised, and are stated in the advertise-ment in the manner and form in whichthey are permitted to appear on thelabel.

(8) The word ‘‘pure’’ unless:(i) It refers to a particular ingredient

used in the production of the distilledspirits, and is a truthful representationabout the ingredient; or


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27 CFR Ch. I (4–1–98 Edition)§ 5.65

(ii) It is part of the bona fide name ofa permittee or retailer from whom thedistilled spirits are bottled; or

(iii) It is part of the bona fide nameof the permittee who bottled the dis-tilled spirits.

(9) The words ‘‘double distilled’’ or‘‘triple distilled’’ or any similar termsunless it is a truthful statement offact; except that ‘‘double distilled’’ or‘‘triple distilled’’ shall not be per-mitted in advertisements of distilledspirits produced by the redistillationmethod when a second or third distilla-tion step is a necessary distillationprocess for the production of the prod-uct.

(b) Statements inconsistent with label-ing. (1) Advertisements shall not con-tain any statement concerning a brandor lot of distilled spirits that is incon-sistent with any statement on the la-beling thereof.

(2) Any label depicted on a bottle inan advertisement shall be a reproduc-tion of an approved label.

(c) Statement of age. The advertise-ment shall not contain any statement,design, or device directly or by impli-cation concerning age or maturity ofany brand or lot of distilled spirits un-less a statement of age appears on thelabel of the advertised product. Whenany such statement, design, or deviceconcerning age or maturity is con-tained in any advertisement, it shallinclude (in direct conjunction there-with and with substantially equal con-spicuousness) all parts of the state-ment, if any, concerning age and per-centages required to be made on thelabel under the provisions of §§ 5.31through 5.42. An advertisement for anywhisky or brandy (except immaturebrandies) which is not required to beara statement of age on the label or anadvertisement for any rum or Tequila,which has been aged for not less than 4years may, however, contain incon-spicuous, general representation as toage, maturity or other similar rep-resentations even though a specific agestatement does not appear on the labelof the advertised product and in the ad-vertisement itself.

(d) Curative and therapeutic claims.Advertisements shall not contain anystatement, design, representation, pic-torial representation, or device rep-

resenting that the use of distilled spir-its has curative or therapeutic effectsif such statement is untrue in any par-ticular or tends to create a misleadingimpression.

(e) Place of origin. The advertisementshall not represent that the distilledspirits were manufactured in or im-ported from a place or country otherthan that of their actual origin, orwere produced or processed by one whowas not in fact the actual producer orprocessor.

(f) Confusion of brands. Two or moredifferent brands or lots of distilled spir-its shall not be advertised in one adver-tisement (or in two or more advertise-ments in one issue of a periodical ornewspaper, or in one piece of otherwritten, printed, or graphic matter) ifthe advertisement tends to create theimpression that representations madeas to one brand or lot apply to theother or others, and if as to such latterthe representations contravene anyprovisions of this subpart or are in anyrespect untrue.

(g) Flags, seals, coats of arms, crests,and other insignia. An advertisementshall not contain any statement, de-sign, device, or pictorial representationwhich the Director finds relates to, oris capable of being construed as relat-ing to the armed forces of the UnitedStates, or the American flag, or anyemblem, seal, insignia, or decorationassociated with such flag or armedforces; nor shall any advertisementcontain any statement, design, device,or pictorial representation of or con-cerning any flag, seal, coat of arms,crest, or other insignia, likely to mis-lead the consumer to believe that theproduct has been endorsed, made, orused by, or produced for, or under thesupervision of, or in accordance withthe specifications of the government,organization, family, or individualwith whom such flag, seal, coat ofarms, crest, or insignia is associated.

(h) Deceptive advertising techniques.Subliminal or similar techniques areprohibited. ‘‘Subliminal or similartechniques,’’ as used in this part, refersto any device or technique that is usedto convey, or attempts to convey, amessage to a person by means of im-ages or sounds of a very brief nature


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Bureau of Alcohol, Tobacco and Firearms, Treasury Pt. 6

that cannot be perceived at a normallevel of awareness.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, asamended by T.D. ATF–180, 49 FR 31674, Aug.8, 1984]

§ 5.66 Comparative advertising.(a) General. Comparative advertising

shall not be disparaging of a competi-tor’s product.

(b) Taste tests. (1) Taste test resultsmay be used in advertisements compar-ing competitors’ products unless theyare disparaging, deceptive, or likely tomislead the consumer.

(2) The taste test procedure usedshall meet scientifically accepted pro-cedures. An example of a scientificallyaccepted procedure is outlined in theManual on Sensory Testing Methods,ASTM Special Technical Publication434, published by the American Societyfor Testing and Materials, 1916 RaceStreet, Philadelphia, Pennsylvania19103, ASTM, 1968, Library of CongressCatalog Card Number 68–15545.

(3) A statement shall appear in theadvertisement providing the name andaddress of the testing administrator.

[T.D. ATF–180, 49 FR 31674, Aug. 8, 1984]

PART 6—‘‘TIED-HOUSE’’

Subpart A—Scope of Regulations

Sec.6.1 General.6.2 Territorial extent.6.3 Application.6.4 Jurisdictional limits.6.5 Administrative provisions.

Subpart B—Definitions

6.11 Meaning of terms.

Subpart C—Unlawful Inducements

GENERAL

6.21 Application.

INTEREST IN RETAIL LICENSE

6.25 General.6.26 Indirect interest.6.27 Proprietary interest.

INTEREST IN RETAIL PROPERTY

6.31 General.6.32 Indirect interest.6.33 Proprietary interest.6.34 Mortgages.

6.35 Renting display space.

FURNISHING THINGS OF VALUE

6.41 General.6.42 Indirect inducement through third

party arrangements.6.43 Sale of equipment.6.44 Free warehousing.6.45 Assistance in acquiring license.6.46—6.47 [Reserved]

PAYING FOR ADVERTISING, DISPLAY ORDISTRIBUTION SERVICE

6.51 General.6.52 Cooperative advertising.6.53 Advertising in ballparks, racetracks,

and stadiums.6.54 Advertising in retailer publications.6.55 Display service.6.56 Renting display space.

GUARANTEEING LOANS

6.61 Guaranteeing loans.

EXTENSION OF CREDIT

6.65 General.6.66 Calculation of period.6.67 Sales to retailer whose account is in ar-

rears.

QUOTA SALES

6.71 Quota sales.6.72 ‘‘Tie-in’’ sales.

Subpart D—Exceptions

6.81 General.6.82 [Reserved]6.83 Product displays.6.84 Point of sale advertising materials and

consumer advertising specialties.6.85 Temporary retailers.6.86—6.87 [Reserved]6.88 Equipment and supplies.6.89—6.90 [Reserved]6.91 Samples.6.92 Newspaper cuts.6.93 Combination packaging.6.94 Educational seminars.6.95 Consumer tasting or sampling at retail

establishments.6.96 Consumer promotions.6.97 [Reserved]6.98 Advertising service.6.99 Stocking, rotation, and pricing service.6.100 Participation in retailer association

activities.6.101 Merchandise.6.102 Outside signs.

Subpart E—Exclusion

6.151 Exclusion, in general.6.152 Practices which put retailer independ-

ence at risk.


Documents

§4.93Approval of grape variety PART 5—LABELING … variety name. The petition may be in the form of a letter and should ... \SGML\179103T.XXX pfrm03 PsN: 179103T. 46 §5.1 27 CFR