1513-0020 Law and Regs.

-16-

1513-0020

27 U.S.C.

Sec. 205. Unfair competition and unlawful practices

It shall be unlawful for any person engaged in business as a

distiller, brewer, rectifier, blender, or other producer, or as an

importer or wholesaler, of distilled spirits, wine, or malt beverages,

or as a bottler, or warehouseman and bottler, of distilled spirits,

directly or indirectly or through an affiliate:

(e) Labeling

To sell or ship or deliver for sale or shipment, or otherwise

introduce in interstate or foreign commerce, or to receive therein, or

to remove from customs custody for consumption, any distilled spirits,

wine, or malt beverages in bottles, unless such products are bottled,

packaged, and labeled in conformity with such regulations, to be

prescribed by the Secretary of the Treasury, with respect to packaging,

marking, branding, and labeling and size and fill of container

(1) as will prohibit deception of the consumer with respect to such products or the quantity thereof and as will prohibit, irrespective of falsity, such statements relating to age, manufacturing processes, analyses, guarantees, and scientific or irrelevant matters as the Secretary of the Treasury finds to be likely to mislead the consumer; (2) as will provide the consumer with adequate information as to the identity and quality of the products, the alcoholic content thereof (except that statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages are prohibited unless required by State law and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by volume), the net contents of the package, and the manufacturer or bottler or importer of the product;

(3) as will require an accurate statement, in the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer of the percentage of neutral spirits so used and of the name of the commodity from which such neutral spirits have been distilled, or in case of neutral spirits or of gin produced by a process of continuous distillation, the name of the commodity from which distilled;

(4) as will prohibit statements on the label that are disparaging of a competitor's products or are false, misleading, obscene, or indecent; and

(5) as will prevent deception of the consumer by use of a trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, and as will prevent the use of a graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been indorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization: Provided, That this clause shall not apply to the use of the name of any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer, wholesaler, retailer, bottler, or warehouseman, of distilled spirits, wine, or malt beverages, nor to the use by any person of a trade or brand name used by him or his predecessor in interest prior to August 29, 1935; including regulations requiring, at time of release from customs custody, certificates issued by foreign governments covering origin, age, and identity of imported products: Provided further, That nothing herein nor any decision, ruling, or regulation of any Department of the Government shall deny the right of any person to use any trade name or brand of foreign origin not presently effectively registered in the United States Patent and Trademark Office which has been used by such person or predecessors in the United States for a period of at least five years last past, if the use of such name or brand is qualified by the name of the locality in the United States in which the product is produced, and, in the case of the use of such name or brand on any label or in any advertisement, if such qualification is as conspicuous as such name or brand.

It shall be unlawful for any person to alter, mutilate, destroy,

obliterate, or remove any mark, brand, or label upon distilled spirits,

wine, or malt beverages held for sale in interstate or foreign commerce

or after shipment therein, except as authorized by Federal law or except pursuant to regulations of the Secretary of the Treasury authorizing relabeling for purposes of compliance with the requirements of this subsection or of State law.

In order to prevent the sale or shipment or other introduction of

distilled spirits, wine, or malt beverages in interstate or foreign

commerce, if bottled, packaged, or labeled in violation of the

requirements of this subsection,

(1) no bottler of distilled spirits, no producer, blender, or wholesaler of wine, or proprietor of a bonded wine storeroom, and no brewer or wholesaler of malt beverages shall bottle, and

(2) no person shall remove from customs custody, in bottles, for sale or any other commercial purpose, distilled spirits, wine, or malt beverages, respectively, after such date as the Secretary of the Treasury fixes as the earliest practicable date for the application of the provisions of this subsection to any class of such persons (but not later than August 15, 1936, in the case of distilled spirits, and December 15, 1936, in the case of wine and malt beverages, and only after thirty days' public notice), unless, upon application to the Secretary of the Treasury, he has obtained and has in his possession a certificate of label approval covering the distilled spirits, wine, or malt beverages, issued by the Secretary in such manner and form as he shall by regulations prescribe: Provided, That any such bottler of distilled spirits, or producer, blender, or wholesaler of wine, or proprietor of a bonded wine storeroom, or brewer or wholesaler of malt beverages shall be exempt from the requirements of this subsection if, upon application to the Secretary, he shows to the satisfaction of the Secretary that the distilled spirits, wine, or malt beverages to be bottled by the applicant are not to be sold, or offered for sale, or shipped or delivered for shipment, or otherwise introduced, in interstate or foreign commerce. Officers of internal revenue are authorized and directed to withhold the release of distilled spirits from the bottling plant unless such certificates have been obtained, or unless the application of the bottler for exemption has been granted by the Secretary; and customs officers are authorized and directed to withhold the release from customs custody of distilled spirits, wine, and malt beverages, unless such certificates have been obtained. The District Courts of the United States, and the United States court for any Territory shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Secretary upon any application under this subsection; or

(Aug. 29, 1935, ch. 814, title I, Sec. 105, formerly Sec. 5, 49 Stat.

981; Feb. 29, 1936, ch. 105, Sec. 2, 49 Stat. 1152; June 25, 1936, ch.

804, 49 Stat. 1921; June 26, 1936, ch. 830, title V, Secs. 505, 506, 49

Stat. 1965, 1966; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940,

5 F.R. 2108, 54 Stat. 1232; Apr. 20, 1942, ch. 244, Sec. 1(h), 56 Stat.

219; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; renumbered title I, Sec. 105, and amended Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102 Stat. 4517, 4521; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(13)], Nov. 29, 1999, 113 Stat. 1536, 1501A-584.)

27 CFR

Sec. 4.40 Label approval and release.

(a) Certificate of label approval. No imported beverage wine in

containers shall be released from U.S. Customs custody for consumption

unless there is deposited with the appropriate Customs officer at the

port of entry the original or a photostatic copy of an approved

certificate of label approval, TTB Form 5100.31.

(b) If the original or photostatic copy of TTB Form 5100.31 has been approved, the brand or lot of imported wine bearing labels identical with those shown thereon may be released from U.S. Customs custody.

(c) Relabeling. Imported wine in U.S. Customs custody which is not

labeled in conformity with certificates of label approval issued by the

appropriate TTB officer must be relabeled prior to release under the

supervision and direction of Customs officers of the port at which the

wine is located.

(d) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, as well as appeal

procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46

FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D.

ATF-359, 59 FR 42160, Aug. 17, 1994; T.D. ATF-406, 64 FR 2128, Jan. 13,

1999]

Sec. 4.50 Certificates of label approval.

(a) No person shall bottle or pack wine, other than wine bottled or

packed in U.S. Customs custody, or remove such wine from the plant where bottled or packed, unless an approved certificate of label approval, TTB Form 5100.31, is issued by the appropriate TTB officer.

(b) Any bottler or packer of wine shall be exempt from the

requirements of this section if upon application the bottler or packer

shows to the satisfaction of the appropriate TTB officer that the wine

to be bottled or packed is not to be sold, offered for sale, or shipped

or delivered for shipment, or otherwise introduced in interstate or

foreign commerce. Application for exemption shall be made on TTB Form

5100.31 in accordance with instructions on the form. If the application

is approved, a certificate of exemption will be issued on the same form.

(c) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, and certificates of

exemption from label approval, as well as appeal procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46

FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D.

ATF-344, 58 FR 40354, July 28, 1993; T.D. ATF-406, 64 FR 2128, Jan. 13,

1999; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000]

Sec. 4.51 Exhibiting certificates to Government officials.

Any bottler or packer holding an original or duplicate original of a certificate of label approval or a certificate of exemption shall, upon demand, exhibit such certificate to a duly authorized representative of the United States Government.

Sec. 4.52 Photoprints.

Photoprints or other reproductions of certificates of label approval or certificates of exemption are not acceptable, for the purposes of Sec. Sec. 4.50 through 4.52, as substitutes for an original or duplicate original of a certificate of label approval, or a certificate of exemption. The appropriate TTB officer will, upon the request of the bottler or packer, issue duplicate originals of certificates of label approval or of certificates of exemption if wine under the same brand is bottled or packed at more than one plant by the same person, and if the necessity for the duplicate originals is shown and there is listed with the appropriate TTB officer the name and address of the additional bottling or packing plant where the particular label is to be used.

Sec. 5.51 Label approval and release.

(a) Certificate of label approval. Bottled distilled spirits shall

not be released from Customs custody for consumption unless there is

deposited with the appropriate Customs officer at the port of entry the

original or a photostatic copy of an approved certificate of label

approval, TTB Form 5100.31.

(b) Release. If the original or photostatic copy of TTB Form 5100.31 has been approved, the brand or lot of distilled spirits bearing labels identical with those shown thereon may be released from U.S. Customs custody.

(c) Relabeling. Imported distilled spirits in U.S. Customs custody

which are not labeled in conformity with certificates of label approval

issued by the appropriate TTB officer must be relabeled prior to release under the supervision of the Customs officers of the port at which the spirits are located.

(d) Statements of process. TTB Forms 5100.31 covering labels for gin bearing the word ``distilled'' as a part of the designation shall be accompanied by a statement prepared by the manufacturer, setting forth a step-by-step description of the manufacturing process.

(e) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, as well as appeal

procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40549, June 13, 1980, as amended 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; T.D. ATF-406, 64 FR 2129, Jan. 13,

1999]

Sec. 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) of this section,

unless the proprietor possesses a certificate of label approval, TTB

Form 5100.31, covering the labels on the bottle, issued by the

appropriate TTB officer pursuant to application on such form.

Application for certificates of label approval covering labels for

imported gin bearing the word ``distilled'' as a part of the designation shall be accompanied by a statement prepared by the manufacturer setting forth a step-by-step description of the manufacturing process.

(b) Exemption. Any bottler of distilled spirits shall be exempt from the requirements in paragraph (a) of this section and Sec. 5.56 if the bottler possesses a certificate of exemption from label approval, TTB Form 5100.31, issued by the appropriate TTB officer pursuant to application on that Form showing that the distilled spirits to be bottled are not to be sold, offered for sale, or shipped or delivered for shipment, or otherwise introduced into interstate or foreign commerce.

(c) Miscellaneous. Photoprints or other reproductions of

certificates of label approval, or certificates of exemption are not

acceptable as substitutes for an original or duplicate original (issued, on request, by the appropriate TTB officer) of a certificate. The original or duplicate original of such certificates shall, on demand, be exhibited to an authorized officer of the U.S. Government.

(d) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval and certificates of

exemption from label approval, as well as appeal procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40550, June 13, 1980, as amended by T.D. ATF-94, 46

FR 55097, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D.

ATF-406, 64 FR 2129, Jan. 13, 1999]

Sec. 7.30 Application.

Sections 7.30 and 7.31 shall apply to withdrawals of malt beverages

from customs custody only in the event that the laws or regulations of

the State in which such malt beverages are withdrawn for consumption

require that all malt beverages sold or otherwise disposed of in such

State be labeled in conformity with the requirements of Sec. Sec. 7.20

through 7.29.

Sec. 7.31 Label approval and release.

(a) Certificate of label approval. No imported malt beverages in

containers shall be released from Customs custody for consumption unless there is deposited with the appropriate Customs officer at the port of entry the original or a photostatic copy of an approved certificate of label approval, TTB Form 5100.31.

(b) Release. If the original or photostatic copy of TTB Form 5100.31 has been approved, the brand or lot of imported malt beverages bearing labels identical with those shown thereon may be released from U.S. Customs custody.

(c) Relabeling. Imported malt beverages in U.S. Customs custody

which are not labeled in conformity with certificates of label approval

issued by the appropriate TTB officer must be relabeled, prior to

release, under the supervision and direction of the U.S. Customs

officers of the port at which the malt beverages are located.

(d) Formula and samples. The appropriate TTB officer may require an

importer to submit a formula for a malt beverage, or a sample of any

malt beverage or ingredients used in producing a malt beverage, prior to or in conjunction with the filing of a certificate of label approval on TTB Form 5100.31.

(e) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, as well as appeal

procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40552, June 13, 1980, as amended 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; T.D. ATF-406, 64 FR 2129, Jan. 13,

1999; TTB T.D.-21, 70 FR 235, Jan. 3, 2005]

Sec. 7.40 Application.

Sections 7.40 through 7.42 shall apply only to persons bottling or

packing malt beverages (other than malt beverages in customs custody)

for shipment, or delivery for sale or shipment, into a State, the laws

or regulations of which require that all malt beverages sold or

otherwise disposed of in such State be labeled in conformity with the

requirements of Sec. Sec. 7.20 through 7.29.

Sec. 7.41 Certificates of label approval.

(a) Requirement. No person may bottle or pack malt beverages, or

remove malt beverages from the plant where bottled or packed unless an

approved certificate of label approval, TTB Form 5100.31, is issued.

(b) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, as well as appeal

procedures, see part 13 of this chapter.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-425, 65 FR 11892, Mar. 7, 2000]

Sec. 7.42 Exhibiting certificates to Government officials.

Any bottler or packer holding an original or duplicate original of a certificate of label approval shall, upon demand exhibit such

certificate to a duly authorized representative of the United States

Government or any duly authorized representative of a State or political subdivision thereof.

Sec. 19.633 Distinctive liquor bottles.

(a) Application. A proprietor desiring approval of domestic liquor

bottles of distinctive shape or design, including bottles of less than

200 ml capacity, or, to use such distinctive liquor bottles, shall

submit TTB Form 5100.31 to the appropriate TTB officer for approval. The applicant shall certify as to the total capacity of a representative sample bottle before closure (expressed in milliliters) on each copy of the form. In addition, the applicant shall affix a readily legible photograph (both front and back of the bottle) to the front of each copy of TTB Form 5100.31, along with the label(s) to be used on the bottle. The applicant shall not submit an actual bottle or an authentic model unless specifically requested to do so.

(b) Approval. Properly submitted TTB Forms 5100.31 for approval of

distinctive liquor bottles shall be approved by the appropriate TTB

officer if the bottles are found to--

(1) Meet the requirements of 27 CFR part 5;

(2) Be distinctive;

(3) Be suitable for their intended purpose;

(4) Not jeopardize the revenue; and

(5) Not be deceptive to the consumer.

The applicant shall keep a copy of the approved TTB Form 5100.31,

including an approved photograph (both front and back) of the

distinctive liquor bottle, on file at his premises. If TTB Form 5100.31

is disapproved, the applicant shall be notified of the appropriate TTB

officer's decision and the reasons therefor.

(c) Cross reference. For procedures regarding issuance, denial and

revocation of distinctive liquor bottle approvals, as well as appeal

procedures, see part 13 of this chapter.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1374, as amended (26 U.S.C. 5301))

[T.D. ATF-198, 50 FR 8464, Mar. 1, 1985, as amended by T.D. ATF-242, 51

FR 39525, Oct. 29, 1986; T.D. ATF-406, 64 FR 2134, Jan. 13, 1999]

Sec. 19.641 Certificate of label approval or exemption.

(a) Requirement. Proprietors are required by 27 CFR part 5 to obtain approval of labels, or exemption from label approval, for any label to be used on bottles of spirits for domestic use and shall exhibit evidence of label approval, or of exemption from label approval, on request of an appropriate TTB officer.

(b) Cross reference. For procedures regarding the issuance, denial

and revocation of certificates of label approval and certificates of

exemption from label approval, as well as appeal procedures, see Part 13 of this chapter.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1356, as amended (26 U.S.C. 5201))

[T.D. ATF-406, 64 FR 2134, Jan. 13, 1999]

Sec. 19.642 Statements required on labels under an exemption from label approval.

All labels to be used on bottles of spirits for domestic use under

an exemption from label approval shall contain the applicable

information required in Sec. Sec. 19.643 through 19.650. Where a

statement of age or age and percentage is required, it shall have the

meaning given, and be stated in the manner provided in 27 CFR part 5.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1356, as amended (26 U.S.C. 5201))

Sec. 19.643 Brand name, kind, alcohol content, and State of distillation.

(a) Brand name and kind. The label of distilled spirits shall state

the brand name and kind, as set out in 27 CFR part 5.

(b) Alcohol content--(1) Mandatory statement. The label of distilled spirits shall state the alcohol content in percent-alcohol-by-volume. Products such as ``Rock and Rye'' or similar products containing a significant amount of solid material shall state the alcohol content at the time of bottling as follows: ``Bottled at ------ percent-alcohol-by-volume.''

(2) Optional statement. In addition, the label may also state the

alcohol content in degrees of proof if this information appears in

direct conjunction (i.e. with no intervening material) with the

statement expressed in percent-alcohol-by-volume. If both forms of

alcohol content are shown, the optional statement in degrees of proof

shall be placed in parentheses, in brackets, or otherwise distinguished

from the mandatory statement in percent-alcohol-by-volume to emphasize

the fact that both expressions of alcohol content mean the same thing.

(c) State of distillation--(1) Mandatory statement. If a whisky

produced in the United States was not produced in the State shown on the label, the label shall show the State of distillation, except as

provided by paragraph (c)(2) or (c)(3) of this section. The appropriate

TTB officer may, however, require the State of distillation to be shown

on the label or permit such other. labeling as may be necessary to

preclude any misleading or deceptive impression which might otherwise be created as to the actual State of distillation.

(2) Exceptions. The State of distillation is not required to be

shown on labels of ``blended whisky'', ``a blend of straight whiskies'', ``spirit whisky'', ``light whisky'', or ``blended light whisky''. The State of distillation may be prohibited on certain labels of ``light whisky'' or ``blended light whisky'', in accordance with paragraph (c)(3) of this section.

(3) Prohibited statement. The State of distillation may not be

shown, except as part of the name and address required by 27 CFR

5.36(a), on labels of ``light whisky'' or ``blended light whisky''

produced in a State which the appropriate TTB officer finds to be

associated by consumers with an American type whisky.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1356, as amended (26 U.S.C. 5201)

Sec. 19.645 Name and address of bottler.

There shall be stated on the label of distilled spirits the phrase

``Bottled by'', ``packed by'', or ``Filled by'' immediately followed by

the name (or trade name) of the bottler and the place where such spirits

are bottled. If the bottler is the actual bona fide operator of more

than one distilled spirits plant engaged in bottling operations, there

may, in addition, be stated immediately following the name (or trade

name) of such bottler the addresses of such other plants. However:

(a) Where distilled spirits are bottled by or for the distiller

thereof, there may be stated, in lieu of the phrase ``Bottled by'',

``Packed by'', or ``Filled by'', followed by the bottler's name (or

trade name) and address, the phrase ``Distilled by'', followed by the

name (or trade name) under which the particular spirits were distilled,

or any trade name shown on the distiller's permit (covering the premises

where the particular spirits were distilled), and the address (or

addresses) of the distiller;

(b) Where ``straight whiskies'' of the same type which have been

produced in the same State by two or more different distillers are

combined (either at time of bottling or at a warehouseman's bonded

premises for further storage) and subsequently bottled and labeled as

``straight whisky,'' such ``straight whisky'' shall be labeled in

accordance with the requirements of the first paragraph of this section.

Where such ``straight whisky'' is bottled by or for the distillers

thereof, there may be stated on the label, in lieu of the requirements

of the first paragraph of this section, the phrase ``distilled by,''

followed by the names (or trade names) of the different distillers who

distilled a portion of the ``straight whisky,'' the addresses of the

distilleries where the ``straight whisky'' was distilled, and the

percentage of ``straight whisky'' distilled by each distiller (with a

tolerance of plus or minus 2 percent). In the case where ``straight

whisky'' is made up of a mixture of ``straight whiskies'' of the same

type from two or more different distilleries of the same proprietor

located within the same State, and where the ``straight whisky'' is

bottled by or for the proprietor thereof, such ``straight whisky'' may

be labeled, in lieu of the requirements of the first paragraph of this

section, with the phrase ``distilled by'' followed by the name (or trade

name) of the proprietor and the addresses of the different distilleries

which distilled a portion of the ``straight whisky.''

(c) Where distilled spirits are bottled by or for the proprietor of

a distilled spirits plant, there may be stated, in lieu of the phrase

``Bottled by'', ``Packed by'', or ``Filled by'', followed by the

bottler's name (or trade name) and address, the phrase ``Blended by'',

``Made by'', ``Prepared by'', ``Manufactured by'', or ``Produced by''

(whichever may be appropriate to the process involved), followed by the

name (or trade name) and the address (or addresses) of the distilled

spirits plant proprietor;

(d) On labels of distilled spirits bottled for a retailer or other

person who is not the actual distilled spirits plant proprietor of such

distilled spirits, there may also be stated the name and address of such retailer or other person, immediately preceded by the words ``Bottled for'', or ``Distributed by'', or other similar statement; and

(e) The label may state the address of the proprietor's principal

place of business in lieu of the place where the bottling, distilling or processing operation occurred, if the address where the operation

occurred is indicated by printing, coding, or other markings, on the

label or on the bottle. The coding system employed will permit an

appropriate TTB officer to determine where the operation stated on the

label occurred. Prior to using a coding system, the distilled spirits

plant proprietor shall send a notice explaining the coding system to the appropriate TTB officer .

(Sec. 201, Pub. L. 85-859, 72 Stat. 1356, as amended (26 U.S.C. 5201))

[T.D. ATF-198, 50 FR 8464, Mar. 1, 1985, as amended by T.D. ATF-259, 52

FR 41423, Oct. 28, 1987; T.D. ATF-260, 52 FR 42101, Nov. 3, 1987]

Sec. 24.255 Bottling or packing wine.

(a) General. Proprietors of a bonded wine premises and a taxpaid

wine bottling house premises shall be held strictly responsible for the

correct determination of the quantity and alcohol content of wine

removed. As required by Sec. 24.170, appropriate and accurate measures

and instruments for measuring and testing the wine will be provided at

each wine premises.

(b) Bottle or other container fill. Proprietors of bonded wine

premises and taxpaid wine bottling house premises shall fill bottles or

other containers as nearly as possible to conform to the amount shown on the label or blown in the bottle or marked on any container other than a bottle; but in no event may the amount of wine contained in any

individual bottle, due to lack of uniformity of the bottles, vary from

the amount stated more than 1.0 percent for 15.0 liters and above, 1.5

percent for 1.0 liter to 14.9 liters, 2.0 percent for 750 mL, 3.0

percent for 375 mL, 4.5 percent for 187 mL and 100 mL, and 9.0 percent

for 50 mL; and in such case, there will be substantially as many bottles overfilled as there are bottles underfilled for each lot of wine bottled. Short-filled bottles or other containers of wine which are sold or otherwise disposed of by the proprietor to employees for personal consumption need not be labeled, but, if labeled, need not show an accurate statement of net contents.

(c) Tax tolerance. The net contents of bottles or other containers

of untaxpaid wine in the same tax class filled during six consecutive

tax return periods, as determined from the bonded wine premises

proprietor's fill test records, shall not vary by more than 0.5

percent from the net contents as stated on the bottles or other

containers. The bonded wine premises proprietor is liable for the tax on the entire amount of wine in the same tax class when that wine is

removed from bond, without benefit of tolerance, when the fill of

bottles or other containers exceeds a 0.5 percent average of a period

which consists of six consecutive tax returns, or when filling is not

conducted in compliance with good commercial practice.

(d) Fill tests. The proprietor shall test at representative

intervals wine bottled or packed during the bottling or packing

operation of each bottling or packing line to determine if the wine

contained in the bottle or other container is in agreement with that

stated on the label, bottle, or other container.

(e) Alcohol tests. The proprietor shall test the alcohol content by

volume to determine the tax class of the wine and to ensure the alcohol

content to be stated on the label is in agreement with the requirement

of Sec. 24.257. (Sec. 201, Pub. L. 85-859, 72 Stat. 1381, as amended

(26 U.S.C. 5368))

(Approved by the Office of Management and Budget under control numbers

1513-0115 and 1513-0092)

Sec. 24.257 Labeling wine containers.

(a) The proprietor must label each bottle or other container of

beverage wine prior to removal for consumption or sale. The minimum type size for information required by this section is: 2 millimeters for containers of more than 187 milliliters and 1 millimeter for containers of 187 milliliters or less. The maximum type size for alcohol content statements is 3 millimeters unless the container is larger than 5 liters. The label must be securely affixed and show:

(1) The name and address of the wine premises where bottled or

packed;

(2) The brand name, if different from above;

(3) The alcohol content as percent by volume or the alcohol content

stated in accordance with 27 CFR part 4. For wine with less than 7

percent alcohol by volume stated on the label there is allowed an

alcohol content tolerance of plus or minus .75 percent by volume; and

(4) The kind of wine, shown as follows:

(i) If the wine contains 7 percent or more alcohol by volume and

must have label approval under 27 CFR part 4, the kind of wine is the

class, type, or other designation provided in that part.

(ii) If the wine has an exemption from label approval, an adequate

statement of composition may be used instead of the class and type in 27 CFR part 4.

(iii) If the wine contains less than 7 percent alcohol by volume, an adequate statement of composition may be used instead of the class and type in 27 CFR part 4. The rules in 27 CFR part 4 pertaining to label approval and standards of fill do not apply to wine under 7 percent alcohol by volume. The rules in 27 CFR part 16 requiring a Health Warning Statement do apply to all wines over 1/2 percent alcohol. Except for the rules noted in this section, labeling of wines under 7 percent alcohol is under the jurisdiction of the Food and Drug Administration.

(iv) The statement of composition must include enough information to identify the tax class when viewed with the alcohol content. First, the wine should be identified by the word ``wine,'' ``mead,'' ``cider'' or ``perry,'' as applicable. If the wine contains more than 0.392 grams of carbon dioxide per 100 milliliters, the word ``sparkling'' or

``carbonated,'' as applicable, must be included in the statement of composition. If the statement of composition leaves doubt as to the tax class of the wine, the wine must be marked ``tax class 5041(b)(1) IRC'' or an equivalent phrase. For example, a still wine marked ``wine'' and ``16 percent alcohol by volume'' is adequately marked to identify its tax class as 5041(b)(2). A still wine marked ``hard cider'' and ``9 percent alcohol by volume'' is adequately marked to identify its tax class as 5041(b)(1). A still wine marked ``raspberry hard cider'' and ``9 percent alcohol by volume'' is adequately marked to identify its tax class as 5041(b)(1). A still wine eligible for the hard cider tax rate marked ``cider'' or ``hard cider'' and ``6 percent alcohol by volume'' is adequately marked to identify its tax class as 5041(b)(6). However, if a still wine that is not eligible for the hard cider tax rate is marked ``cider'' or ``hard cider'' and ``6 percent alcohol by volume'' it is not adequately marked to identify its tax class as 5041(b)(1), so the tax class must be shown.

(5) The net content of the container unless the net content is

permanently marked on the container as provided in 27 CFR part 4.

(b) The information shown on any label applied to bottled or packed

wine is subject to the recordkeeping requirements of Sec. 24.314. (Sec. 201, Pub. L. 85-859, 72 Stat. 1381, as amended, 1407, as amended (26 U.S.C. 5368, 5388, 5662))

(c) Use of semi-generic designations--(1) In general. Semi-generic

designations may be used to designate wines of an origin other than that indicated by such name only if--

(i) There appears in direct conjunction therewith an appropriate

appellation of origin, as defined in part 4 of this chapter, disclosing

the true place of origin of the wine, and

(ii) The wine so designated conforms to the standard of identity, if any, for such wine contained in part 4 of this chapter or, if there is no such standard, to the trade understanding of such class or type.

(2) Determination of whether a name is semi-generic--(i) In general. Except as provided in paragraph (c)(2)(ii) of this section, a name of geographic significance, which is also the designation of a class or type of wine, shall be deemed to have become semi-generic only if so found by the Administrator.

(ii) Certain names treated as semi-generic. The following names

shall be treated as semi-generic: Angelica, Burgundy, Claret, Chablis,

Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine Wine

or Hock, Sauterne, Haut Sauterne, Sherry, Tokay. (See: 26 U.S.C. 5368,

5388, 5662)

(Approved by the Office of Management and Budget under control number

1513-0092)

[T.D. ATF-299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF-312,

56 FR 31082, July 9, 1991; T.D. ATF-350, 58 FR 52232, Oct. 7, 1993; T.D. ATF-398, 63 FR 44783, Aug. 21, 1998; T.D. ATF-470, 66 FR 58944, Nov. 26, 2001]

Sec. 24.258 Certificates of approval or exemption.

The proprietor shall obtain a certificate of label approval or a

certificate of exemption from label approval as required by 27 CFR part

4. (August 29, 1935, ch. 814, Sec. 5, 49 Stat. 981, as amended (27

U.S.C. 205))

Sec. 25.141 Barrels and kegs.

(a) General requirements. The brewer's name or trade name and the

place of production (city and, if necessary for identification, State)

shall be permanently marked on each barrel or keg. If the place of

production is clearly shown on the bung or on the tap cover, or on a

label securely affixed to each barrel or keg, the place of production

need not be permanently marked on each barrel or keg. No statement as to payment of internal revenue taxes may be shown.

(b) Breweries of same ownership. (1) If two or more breweries are

owned or operated by the same person, firm, or corporation (as defined

in Sec. 25.181), the place of production:

(i) May be shown as the only location on the bung, or on the tap

cover, or on a separate label attached to the keg;

(ii) May be included in a listing of the locations of breweries

qualified under this part if the place of production is not given less

emphasis than any of the other locations; or

(iii) Need not be shown if the brewer's principal place of business

is shown in lieu of any other location. The brewer's principal place of

business will be the location of a brewery operated by the brewer and

qualified under this part.

(2) If the location of two or more breweries is shown on the keg,

bung, tap cover, or on a separate label attached to the keg (paragraph

(b)(1)(ii)), or if the brewer's principal place of business is shown in

lieu of the actual place of production (paragraph (b)(1)(iii)), the

brewer shall indicate the actual place of production by printing, coding or other markings on the keg, bung, tap cover, or on a separate label attached to the keg. The coding system employed will permit an

appropriate TTB officer to determine the place of production (including

street address if two or more breweries are located in the same city) of the beer. The brewer must notify the appropriate TTB officer prior to employing a coding system.

(c) Label approval required. Labels or tap covers used by brewers

shall be covered by certificates of label approval, Form 5100.31, when

required by Part 7 of this chapter.

(Approved by the Office of Management and Budget under control number

1513-0085)

(Sec. 201, Pub. L. 85-859, 72 Stat. 1389, as amended (26 U.S.C. 5412))

[T.D. ATF-224, 51 FR 7673, Mar. 5, 1986, as amended by T.D. ATF-225, 51

FR 8492, Mar. 12, 1986; T.D. ATF-437, 66 FR 5479, Jan. 19, 2001]

Sec. 25.142 Bottles.

(a) Label requirements. Each bottle of beer shall show by label or

otherwise the name or trade name of the brewer, the net contents of the

bottle, the nature of the product such as beer, ale, porter, stout,

etc., and the place of production (city and, when necessary for

identification, State). No statement as to payment of internal revenue

taxes may be shown.

(b) Breweries of same ownership. (1) If two or more breweries are

owned or operated by the same person, firm, or corporation (as defined

in Sec. 25.181), the place of production:

(i) May be shown as the only location on the label;

(ii) May be included in a listing of the locations of breweries

qualified under this part if the place of production is not given less

emphasis than any of the other locations; or

(iii) Need not be shown if the brewer's principal place of business

is shown in lieu of any other location. The brewer's principal place of

business will be the location of a brewery operated by the brewer and

qualified under this part.

(2) If the location of two or more breweries is shown on the label

(paragraph (b)(1)(ii)), or if the brewer's principal place of business

is shown on the label in lieu of the actual place of production

(paragraph (b)(1)(iii)), the brewer shall indicate the actual place of

production by printing, coding or other markings on the label, bottle,

crown or lid. The coding system employed will permit an appropriate TTB

officer to determine the place of production (including street address

if two or more breweries are located in the same city) of the beer. The

brewer must notify the appropriate TTB offcer prior to employing a

coding system.

(c) Distinctive names. If the brewer's name, trade name or brand

name includes the name of a city which is not the place where the beer

was produced, the appropriate TTB officer may require the brewer to

state the actual place of production on the label.

(d) Tolerances. The statement of net contents shall indicate exactly the volume of beer within the bottle except for variations in measuring as may occur in filling conducted in compliance with good commercial practice. The barrel equivalent of bottles filled during a consecutive three month period, calculated on the basis of the brewer's fill test records, may not vary more than 0.5 percent from the barrel equivalent of bottles filled during the same period, calculated on the basis of the stated net contents of the bottles. The brewer is liable for the tax on the entire amount of beer removed, without benefit of tolerance, when the fill of bottles and cans exceeds the tolerance for the three month period, or when filling is not conducted in compliance with good commercial practice.

(e) Label approval required. Labels used by brewers shall be covered by certificates of label approval, Form 5100.31, when required by Part 7 of this chapter.

(f) Short-fill bottles. A brewer may dispose of taxpaid short-fill

bottles of beer to employees for their use but not for resale. These

bottles need not be labeled, but if labeled they need not show an

accurate statement of net contents.

(Approved by the Office of Management and Budget under control number

1513-0085)

(Sec. 201, Pub. L. 85-859, 72 Stat. 1389, as amended (26 U.S.C. 5412))

[T.D. ATF-224, 51 FR 7673, Mar. 5, 1986, as amended by T.D. ATF-225, 51

FR 8492, Mar. 12, 1986; T.D. ATF-437, 66 FR 5479, Jan. 19, 2001]

Sec. 26.39 Labels.

All labels affixed to bottles of liquors coming into the United

States shall conform to the requirements of the Federal Alcohol

Administration Act and implementing regulations (parts 4, 5, and 7 of

this chapter).

[T.D. ATF-48, 44 FR 55851, Sept. 28, 1979]

Sec. 26.314 Distinctive liquor bottles.

(a) Application. Liquor bottles of distinctive shape or design,

including bottles of less than 200 ml. capacity, may be brought into the United States from Puerto Rico or the Virgin Islands by an importer

(filled bottles) or a bottler (empty bottles). For filled bottles, the

importer shall submit TTB Form 5100.31 for approval prior to bringing

such bottles into the United States. For empty bottles, the bottler

shall obtain approval on TTB Form 5100.31 prior to using the bottles.

The importer or bottler, as applicable, shall certify as to the total

capacity of a representative sample bottle before closure (expressed in

milliliters) on each copy of the form. In addition, the applicant shall

affix a readily legible photograph (both front and back of the bottle)

to the front of each copy of TTB Form 5100.31, along with the label(s)

to be used on the bottle. The applicant shall not submit an actual

bottle or an authentic model unless specifically requested to do so.

(b) Approval. Properly submitted TTB Forms 5100.31 to bring

distinctive liquor bottles (filled) into the United States from Puerto

Rico or the Virgin Islands, or, properly submitted TTB Forms 5100.31 to

use distinctive liquor bottles (empty) which have been brought into the

United States from Puerto Rico or the Virgin Islands, shall be approved

provided such bottles are found by the appropriate TTB officer to--

(1) Meet the requirements of 27 CFR part 5;

(2) Be distinctive;

(3) Be suitable for their intended purpose;

(4) Not jeopardize the revenue; and

(5) Not be deceptive to the consumer.

The applicant shall keep a copy of the approved TTB Form 5100.31,

including an approved photograph (both front and back) of the

distinctive liquor bottle, on file at his premises. If TTB Form 5100.31

is disapproved, the applicant shall be notified of the appropriate TTB

officer's decision and the reasons therefor. The applicant importer is

responsible for furnishing a copy of the approved TTB Form 5100.31,

including a photograph of the distinctive liquor bottle, to Customs

officials at each affected port of entry where the merchandise is

examined.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1374, as amended (26 U.S.C. 5301))

[T.D. ATF-114, 47 FR 43950, Oct. 5, 1982, as amended by T.D. ATF-242, 51 FR 39526, Oct. 29, 1986; T.D. ATF-451, 66 FR 21670, May 1, 2001]