Subpart B-Definitions § 3.5 Meaning of terms. As used in this part, unless the context otherwise requires, terms shall have the meaning ascribed in this subpart. Alcohol. Ethyl alcohol distilled at or above 190° proof. Brandy. Brandy or wine spirits for addition to wines as permitted by internal revenue law. Distilled spirits. Section 17(a) of the Federal Alcohol Administration Act defines "distilled spirits" as ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. In bulk. Distilled spirits in containers having a capacity in excess of one wine gallon. Other terms. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the meaning assigned to it by the Act. [T.D. ATF-48, 44 FR 55838, Sept. 28, 1979] Subpart C-Bulk Sales and Bottling § 3.10 Sales of distilled spirits in bulk. It is unlawful for any person to sell, offer to sell, contract to sell, or otherwise dispose of distilled spirits in bulk, for nonindustrial use, except for export or to the classes of persons enumerated in §§ 3.12, 3.13 and 3.14. §3.11 Importation of distilled spirits in bulk. It is unlawful for any person to import distilled spirits in bulk, for nonindustrial use, except for sale to or for use by the classes of persons enumerated in §§ 3.12, 3.13 and 3.14. §3.12 Acquiring or receiving distilled spirits in bulk for redistillation, processing, rectification, warehousing, or warehousing and bottling. (a) Proprietors of distilled spirits plants. Persons holding basic permits (issued under Part 1 of this chapter) authorizing the distilling, processing, rectifying, or warehousing and bottling of distilled spirits, or operating permits (issued under § 19.157 and succeeding sections of this chapter) may acquire or receive in bulk and redistill, warehouse, or porcess distilled spirits, so far as permitted by law. (b) Proprietors of class 8 customs bonded warehouses. If the permittee operates a class 8 customs bonded warehouse, he may acquire or receive in bulk, and warehouse and bottle, imported distilled spirits, so far as permitted by the customs laws. (26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 (49 Stat. 981, as amended)) [T.D. ATF-198, 50 FR 8463, Mar. 1, 1985] EFFECTIVE DATE NOTE: At 50 FR 8463, Mar. 1, 1985, §3.12 was revised, effective June 1, 1985. For the convenience of the user the superseded text is set forth below: §3.12 Acquiring or receiving distilled spirits in bulk for redistillation, processing, rectification, warehousing, or warehousing and bottling. Persons holding basic permits (issued under Part 1 of this chapter) authorizing the distilling, rectifying, or warehousing and bottling of distilled spirits, or operating permits (issued under § 201.136 et seq. of this chapter) may acquire or receive in bulk distilled spirits as follows: (a) Proprietor of a distilled spirits plant having distilling or bonded storage facilities. If the permittee is authorized to operate distilling or bonded storage facilities of a distilled spirits plant, he may acquire or receive in bulk, and redistill or otherwise process, or warehouse, or warehouse and bottle domestic untax-determined distilled spirits. (b) Proprietor of a distilled spirits plant having bottling premises for bottling taxpaid distilled spirits. If the permittee is authorized to operate taxpaid bottling premises of a distilled spirits plant, he may acquire or receive in bulk, and warehouse and bottle imported taxpaid distilled spirits and domestic distilled spirits on which all applicable taxes imposed by law have been determined or paid as provided by law. If he is authorized to rectify distilled spirits, he may acquire or receive in bulk taxpaid imported distilled spirits, and domestic distilled spirits on which all applicable taxes imposed by law have been determined or paid as provided by law, for use in rectifying and blending or for warehousing and bottling. (c) Proprietor of class 8 customs bonded warehouse. If the permittee operates a class 8 customs bonded warehouse, he may acquire or receive in bulk, and warehouse and bottle, imported distilled spirits, so far as permitted by the customs laws. [T.D. 6521, 25 FR 13834, Dec. 29, 1960, as amended by T.D. ATF-48, 44 FR 55838, Sept. 28, 1979] §3.13 Acquiring or receiving distilled spirits in bulk for addition to wine. Persons holding permits as producers and blenders of wine, may, pursuant to such permit, acquire or receive in bulk alcohol or brandy for addition to wines. §3.14 Acquisition of distilled spirits in bulk by Government agencies. Any agency of the United States, or of any State or political subdivision thereof, may acquire or receive in bulk, and warehouse and bottle, imported and domestic distilled spirits in conformity with the internal revenue laws. Subpart D-Warehouse Receipts § 3.20 Distilled spirits in bulk. By the terms of the Federal Alcohol Administration Act (27 U.S.C. 206), all warehouse receipts for distilled spirits in bulk must require that the warehouseman shall package such distilled spirits, before delivery, in bottles labeled and marked in accordance with law, or deliver such distilled spirits in bulk only to persons to whom it is lawful to sell or otherwise dispose of distilled spirits in bulk. § 3.21 Bottled distilled spirits. The provisions of the Federal Alcohol Administration Act, which forbid any person to sell, offer to sell, contract to sell, or otherwise dispose of warehouse receipts for distilled spirits in bulk, do not apply to warehouse receipts for bottled distilled spirits. CROSS REFERENCE: For labeling of distilled spirits, see Part 5 of this chapter. Subpart E-Sales of Distilled Spirits for Industrial Use § 3.25 General. Distillers, rectifiers, and other permittees engaged in the sale or other disposition of distilled spirits for nonindustrial use shall not sell or otherwise dispose of distilled spirits in bulk Subpart I-General Provisions 4.80 Exports. AUTHORITY: August 29, 1935, Chapter 814, sec. 5, 49 Stat. 981, as amended (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 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. I 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, D.C. 20402. (c) Requests for forms should be mailed to the ATF Distribution Center, 3800 South Four Mile Run Drive, Arlington, Virginia 22206. [T.D. ATF-92, 46 FR 46911, Sept. 23, 1981] 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, D.C. 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. 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 District of Columbia and Puerto Rico. Use of other terms. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the same meaning assigned to it by the Act. Wine. (a) Wine as defined in section 610 and section 617 of the Revenue Act of 1918 (26 U.S.C. 3036, 3044, 3045) and (b) other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, initation wine, compounds sold as wine, vermouth, cider, perry, and sake; in each instance only if containing not less than 7 percent, and not more than 24 percent of alcohol by volume, and if for nonindustrial use. [T.D. ATF-48, 43 FR 13532, Mar. 31, 1978, as amended by T.D. ATF-49, 43 FR 19848, May 9, 1978; T.D. ATF-53, 43 FR 37675, Aug. 23, 1978; 44 FR 55838, Sept. 29, 1979; T.D. ATF-66, 45 FR 40544, June 13, 1980; T.D. ATF-94, 46 FR 55095, Nov. 6, 1981] Subpart C-Standards of Identity for Wine § 4.20 Application of standards. The standards of identity for the several classes and types of wine set forth herein shall be applicable to all regulations and permits issued under the act. Whenever any term for which a standard of identity has been established herein is used in any such regulation or permit, such term shall have the meaning assigned to it by such standard of identity. § 4.21 The standards of identity. Standards of identity for the several classes and types of wine set forth in this part shall be as follows: (a) Class 1; grape wine. (1) “Grape wine" is wine produced by the normal alcoholic fermentation of the juice of sound, ripe grapes (including restored or unrestored pure condensed grape must), with or without the addition, after fermentation, of pure condensed grape must, and with or without added grape brandy or alcohol, but without other addition or abstraction except as may occur in cellar treatment: Provided, That the product may be amelio rated 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. The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for natural red wine, more than 0.14 gram, and for other grape wine, more than 0.12 gram, per 100 cubic centimeters (20° C.). 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, |