4.65 Comparative advertising.

Subpart H-Standards of Fill for Wine

4.70 Application.

4.71 Standard wine containers.

4.72 Standards of fill.

4.73 Metric standards of fill.

Subpart 1-General Provisions

4.80 Exports.

AUTHORITY: 27 U.S.C. 205, unless otherwise

noted.

SOURCE: T.D. 6521, 25 FR 13835, Dec. 29, 1960, unless otherwise noted.

EDITORIAL NOTE: For a document affecting part 4, see the editorial note appearing at the beginning of this chapter.

CROSS REFERENCES: Other regulations relating to this part are as follows:

27 CFR Part 1-Basic Permit Requirements Under the Federal Alcohol Administration Act.

27 CFR Part 5-Labeling and Advertising of Distilled Spirits.

27 CFR Part 7-Labeling and Advertising of Malt Beverages.

27 CFR Part 9-American Viticultural Areas. 27 CFR Part 12-Foreign Nongeneric Names of Geographic Significance Used in the Designation of Wines.

27 CFR Part 16-Alcoholic Beverage Health Warning Statement.

27 CFR Part 200-Rules of Practice in Permit Proceedings.

27 CFR Part 240-Wine.

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.

Subpart A-Scope

$4.1 General.

The regulations in this part relate to the labeling and advertising of wine.

$4.2 Territorial extent.

This part applies to the several States of the United States, the District of Columbia, and Puerto Rico.

$4.3 Forms prescribed.

(a) The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, information called

for in each form shall be furnished as required by this part.

(b) "Public Use Forms" (ATF Publication 1322.1) is a numerical listing of forms issued or used by the Bureau of Alcohol, Tobacco and Firearms. This publication is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC. 20402.

(c) Requests for forms should be mailed to the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153.

[T.D. ATF-92, 46 FR 46911, Sept. 23, 1981, as amended by T.D. ATF-249, 52 FR 5955, Feb. 1987]

27.

Subpart B-Definitions

§4.10 Meaning of terms.

As used in this part, unless the context otherwise requires, terms shall have the meaning ascribed in this part. Act. The Federal Alcohol Administration Act.

Added brandy. Brandy or wine spirits for use in fortification of wine as permitted by internal revenue law.

Advertisement. See §4.61 for meaning of term as used in Subpart G of this part.

Alcohol. Ethyl alcohol distilled at or above 190° proof.

American. The several States, the District of Columbia, and Puerto Rico; "State" includes the District of Columbia and Puerto Rico.

Bottler. Any person who places wine in containers of four liters or less. (See meaning for "containers” and “packer".)

Brand label. The label carrying, in the usual distinctive design, the brand name of the wine.

Container. Any bottle, barrel, cask, or other closed receptacle irrespective of size or of the material from which made for use for the sale of wine at retail. (See meaning for "bottler" and "packer".)

Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury, Washington, DC.

Gallon. A U.S. gallon of 231 cubic inches of alcoholic beverages at 60° F. Interstate or foreign commerce. Commerce between any State and any place

outside thereof, or commerce within any Territory or the District of Columbia, or between points within the same State but through any place outside thereof.

Liter or litre. (a) A metric unit of capacity equal to 1,000 cubic centimeters and equivalent to 33.814 U.S. fluid ounces. For purposes of this part, a liter is subdivided into 1,000 milliliters (ml).

(b) For purposes of regulation, one liter of wine is defined as that quantity (mass) of wine occupying a one-liter volume at 20° Celsius (68° F).

Packer. Any person who places wine in containers in excess of four liters. (See meaning for "container" and "bottler".)

Percent or percentage. Percent by volume.

Permittee. Any person holding a basic permit under the Federal Alcohol Administration Act.

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

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

Regional director (compliance). The principal ATF regional official responsible for administering regulations in this part.

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

Sugar. Pure cane, beet, or dextrose sugar in dry for containing, respectively, not less than 95 percent of actual sugar calculated on a dry basis.

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

Trade buyer. Any person who is a wholesaler or retailer.

United States. The several States, the District of Columbia, and Puerto Rico;

the term "State" includes the Distri of Columbia and Puerto Rico.

Use of other terms. Any other term d fined in the Federal Alcohol Admini tration Act and used in this part sha have the same meaning assigned to by the Act.

Wine. (a) Wine as defined in secti 610 and section 617 of the Revenue A of 1918 (26 U.S.C. 3036, 3044, 3045) and ( other alcoholic beverages not so d fined, but made in the manner of win including sparkling and carbonat wine, wine made from condensed gra must, wine made from other agricu tural products than the juice of soun ripe grapes, initation wine, compoun sold as wine, vermouth, cider, perr and sake; in each instance only if co taining not less than 7 percent, and n more than 24 percent of alcohol by v ume, and if for nonindustrial use.

[T.D. ATF-48, 43 FR 13532, Mar. 31, 1978, amended by T.D. ATF-49, 43 FR 19848, May 1978; T.D. ATF-53, 43 FR 37675, Aug. 23, 19 44 FR 55838, Sept. 29, 1979; T.D. ATF-66, 45 F 40544, June 13, 1980; T.D. ATF-94, 46 FR 550 Nov. 6, 1981; T.D. ATF-299, 55 FR 24988, Ju 19, 1990]

Subpart C-Standards of Identity for Wine

§4.20 Application of standards.

The standards of identity for the se eral classes and types of wine set for herein shall be applicable to all regul tions and permits issued under the ac Whenever any term for which a stan ard of identity has been establishe herein is used in any such regulation permit, such term shall have the mea ing assigned to it by such standard identity.

§ 4.21 The standards of identity.

Standards of identity for the sever classes and types of wine set forth i this part shall be as follows:

(a) Class 1; grape wine. (1) “Grap wine" is wine produced by the norma alcoholic fermentation of the juice sound, ripe grapes (including restore or unrestored pure condensed grap must), with or without the additior after fermentation, of pure condense grape must, and with or without adde grape brandy or alcohol, but withou other addition or abstraction except a

may occur in cellar treatment: Provided, That the product may be ameliorated before, during or after fermentation by either of the following methods:

(i) By adding, separately or in combination, dry sugar, or such an amount of sugar and water solution as will not increase the volume of the resulting product more than 35 percent; but in no event shall any product so ameliorated have an alcoholic content derived by fermentation, of more than 13 percent by volume, or a natural acid content, if water has been added, of less than 5 parts per thousand, or a total solids content of more than 22 grams per 100 cubic centimeters.

(ii) By adding, separately or in combination, not more than 20 percent by weight of dry sugar, or not more than 10 percent by weight of water.

(iii) In the case of domestic wine, in accordance with 26 U.S.C. 5383.

(iv) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide is 0.14 gram per 100 mL (20° C) for natural red wine and 0.12 gram per 100 mL (20° C) for other grape wine: Provided, That the maximum volatile acidity for wine produced from unameliorated juice of 28 or more degrees Brix is 0.17 gram per 100 milliliters for red wine and 0.15 gram per 100 milliliters for white wine. Grape wine deriving its characteristic color or lack of color from the presence or absence of the red coloring matter of the skins, juice, or pulp of grapes may be designated as "red wine,” “pink (or rose) wine," "amber wine," or "white wine" as the case may be. Any grape wine containing no added grape brandy or alcohol may be further designated as "natural."

(2) "Table wine" is grape wine having an alcoholic content not in excess of 14 percent by volume. Such wine may also be designated as "light wine," "red table wine," "light white wine," "sweet table wine," etc., as the case may be.

(3) "Dessert wine" is grape wine having an alcoholic content in excess of 14 percent but not in excess of 24 percent by volume. Dessert wine having the taste, aroma and characteristics generally attributed to sherry and an alcoholic content, derived in part from

added grape brandy or alcohol, of not less than 17 percent by volume, may be designated as "sherry". Dessert wines having the taste, aroma and characteristics generally attributed to angelica, madeira, muscatel and port and an alcoholic content, derived in part from added grape brandy or alcohol, of not less than 18 percent by volume, may be designated as "angelica," "madeira," "muscatel," or "port" respectively. Dessert wines having the taste, aroma, and characteristics generally attributed to any of the above products and an alcoholic content, derived in part from added grape brandy or alcohol, in excess of 14 percent by volume but, in the case of sherry, less than 17 percent, or, in other cases, less than 18 percent by volume, may be designated as “light sherry," "light angelica," "light madeira,' "light muscatel" or "light port," respectively.

(b) Class 2; sparkling grape wine. (1) "Sparkling grape wine" (including "sparkling wine," "sparkling red wine" and "sparkling white wine") is grape wine made effervescent with carbon dioxide resulting solely from the fermentation of the wine within a closed container, tank or bottle.

(2) "Champagne" is a type of sparkling light wine which derives its effervescence solely from the secondary fermentation of the wine within glass containers of not greater than one gallon capacity, and which possesses the taste, aroma, and other characteristics attributed to champagne as made in the champagne district of France.

(3)(i) A sparkling light wine having the taste, aroma, and characteristics generally attributed to champagne but not otherwise conforming to the standard for "champagne” may, in addition to but not in lieu of the class designation "sparkling wine," be further designated as:

(A) "champagne style;” or (B) "champagne type;" or

(C) "American (or New York State, Napa Valley, etc.) champagne," along with one of the following terms: "Bulk process," "fermented outside the bottle," "secondary fermentation outside the bottle," "secondary fermentation before bottling," "not fermented in the bottle," or "not bottle fermented." The term "charmat method" or "charmat

process" may be used as additional information.

(ii) Labels shall be so designed that all the words in such further designation are readily legible under ordinary conditions and are on a contrasting background. In the case of paragraph (b)(3)(i)(C) of this section, ATF will consider whether the label as a whole provides the consumer with adequate information about the method of production and origin of the wine. ATF will evaluate each label for legibility and clarity, based on such factors as type size and style for all components of the further designation and the optional term "charmat method" or "charmat process," as well as the contrast between the lettering and its background, and the placement of information on the label.

(iii) Notwithstanding the provisions of paragraphs (b)(3)(i)(A), (B) and (C) of this section, the Director may authorize the use of a term on sparkling wine labels, as an alternative to those terms authorized in paragraph (b)(3)(i) of this section, but not in lieu of the required class designation "sparkling wine," upon a finding that such term adequately informs the consumer about the method of production of the sparkling wine.

(4) "Crackling wine," "petillant wine," "frizzante wine" (including cremant, perlant, reciotto, and other similar wine) is sparkling light wine normally less effervescent than champagne or other similar sparkling wine, but containing sufficient carbon dioxide in solution to produce, upon pouring under normal conditions, after the disappearance of air bubbles, a slow and steady effervescence evidenced by the formation of gas bubbles flowing through the wine. Crackling wine which derives its effervescence from secondary fermentation in containers greater than 1-gallon capacity shall be designated "crackling wine—bulk process,' and the words "bulk process" shall appear in lettering of substantially the same size as the words "crackling wine."

(c) Class 3; carbonated grape wine. “Carbonated grape wine" (including "carbonated wine" "carbonated red wine," and "carbonated white wine") is grape wine made effervescent with car

bon dioxide other than that resulting solely from the secondary fermentation of the wine within a closed container, tank or bottle.

(d) Class 4; citrus wine. (1)(i) “Citrus wine" or "citrus fruit wine" is wine produced by the normal alcoholic fermentation of the juice of sound, ripe citrus fruit (including restored or unrestored pure condensed citrus must), with or without the addition, after fermentation, of pure condensed citrus must, and with or without added citrus brandy or alcohol, but without any other addition or abstraction except as may occur in cellar treatment: Provided, That a domestic product may be ameliorated or sweetened in accordance with the provisions of 26 U.S.C. 5384 and any product other than domestic may be ameliorated before, during, or after fermentation by adding, separately or in combination, dry sugar, or such an amount of sugar and water solution as will not increase the volume of the resulting product more than 35 percent, but in no event shall any product so ameliorated have an alcoholic content, derived by fermentation, of more than 13 percent by volume, or a natural acid content, if water has been added, of less than 5 parts per thousand, or a total solids content of more than 22 grams per 100 cubic centimeters.

(ii) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for natural citrus wine, more than 0.14 gram, and for other citrus wine, more than 0.12 gram, per 100 milliliters (20° C.).

(iii) Any citrus wine containing no added brandy or alcohol may be further designated as "natural."

(2) "Citrus table wine" or "citrus fruit table wine" is citrus wine having an alcoholic content not in excess of 14 percent by volume. Such wine may also be designated "light citrus wine," "light citrus fruit wine," "light sweet citrus fruit wine," etc., as the case may be.

(3) "Citrus dessert wine" or "citrus fruit dessert wine" is citrus wine having an alcoholic content in excess of 14 percent but not in excess of 24 percent by volume.

(4) Citrus wine derived wholly (except for sugar, water, or added alcohol) from

one kind of citrus fruit, shall be designated by the word "wine" qualified a by the name of such citrus fruit, e.g., "orange wine," "grapefruit wine." Citrus wine not derived wholly from one kind of citrus fruit shall be designated as "citrus wine" or "citrus fruit wine" qualified by a truthful and adequate statement of composition appearing in direct conjunction therewith. Citrus wine rendered effervescent by carbon dioxide resulting solely from the secondary fermentation of the wine within [ a closed container, tank, or bottle shall be further designated as "sparkling"; and citrus wine rendered effervescent by carbon dioxide otherwise derived shall be further designated as “carbon:ated."

(e) Class 5; fruit wine. (1)(1) "Fruit wine" is wine (other than grape wine or citrus wine) produced by the normal alcoholic fermentation of the juice of sound, ripe fruit (including restored or unrestored pure condensed fruit must), with or without the addition, after fermentation, of pure condensed fruit must, and with or without added fruit brandy or alcohol, but without other addition or abstraction except as may 7 occur in cellar treatment: Provided,

That a domestic product may be ameliorated or sweetened in accordance with the provisions of 26 U.S.C. 5384 and any product other than domestic may be ameliorated before, during, or after fermentation by adding, separately or in combination, dry sugar, or such an amount of sugar and water solution as will increase the volume of the resulting product, in the case of wines produced from loganberries, currants, or gooseberries, having a normal acidity of 20 parts or more per thousand, not more than 60 percent, and in the case of other fruit wines, not more than 35 percent, but in no event shall any product so ameliorated have an alcoholic content, derived by fermentation, of more than 13 percent by volume, or a natural acid content, if water has been added, of less than 5 parts per thousand, or a total solids content of more than 22 grams per 100 cubic centimeters.

(ii) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for natural fruit wine, more than 0.14 gram,

and for other fruit wine, more than 0.12 gram, per 100 milliliters (20° C.).

(iii) Any fruit wine containing no added brandy or alcohol may be further designated as "natural."

(2) "Berry wine" is fruit wine produced from berries.

(3) "Fruit table wine" or "berry table wine" is fruit or berry wine having an alcoholic content not in excess of 14 percent by volume. Such wine may also be designated "light fruit wine," or "light berry wine."

(4) "Fruit dessert wine" or "berry dessert wine" is fruit or berry wine having an alcoholic content in excess of 14 percent but not in excess of 24 percent by volume.

(5) Fruit wine derived wholly (except for sugar, water, or added alcohol) from one kind of fruit shall be designated by the word "wine" qualified by the name of such fruit, e.g., "peach wine," "blackberry wine." Fruit wine not derived wholly from one kind of fruit shall be designated as "fruit wine" or "berry wine," as the case may be, qualified by a truthful and adequate statement of composition appearing in direct conjunction therewith. Fruit wines which are derived wholly (except for sugar, water, or added alcohol) from apples or pears may be designated "cider" and "perry," respectively, and shall be so designated if lacking in vinous taste, aroma, and characteristics. Fruit wine rendered effervescent by carbon dioxide resulting solely from the secondary fermentation of the wine within a closed container, tank, or bottle shall be further designated as "sparkling"; and fruit wine rendered effervescent by carbon dioxide otherwise derived shall be further designated as "carbonated."

(f) Class 6; wine from other agricultural products. (1)(i) Wine of this class is wine (other than grape wine, citrus wine, or fruit wine) made by the normal alcoholic fermentation of sound fermentable agricultural products, either fresh or dried, or of the restored or unrestored pure condensed must thereof, with the addition before or during fermentation of a volume of water not greater than the minimum necessary to correct natural moisture deficiencies in such products, with or without the addition, after fermentation, of