are the following: Vodka, Slivovitz, Zubrovka, Aquavit, Arrack, and Kirschwasser. *+ CROSS REFERENCE: For rectification tax under the Internal Revenue regulations, see 26 CFR 176.12-176.14. LABELING REQUIREMENTS FOR DISTILLED SPIRITS 5.30 General-(a) Application. No person engaged in business as a distiller, rectifier, importer, wholesaler, or warehouseman and bottler, directly or indirectly, or through an affiliate, shall sell or ship or deliver for sale or shipment or otherwise introduce in interstate or foreign commerce, or receive therein, or remove from customs custody, any distilled spirits in bottles, unless such distilled spirits are packaged, and such packages are marked, branded, or labeled in conformity with §§ 5.30-5.41. Distilled spirits domestically bottled prior to August 15, 1936, and imported distilled spirits entered in customs bond in bottles prior to that date shall be regarded as being packaged, marked, branded, and labeled in accordance with §§ 5.305.41, if the labels on such distilled spirits (1) bear all the mandatory label information required by § 5.32, even though such information is not set forth in the manner and form as required by such section and the other sections referred to therein, and (2) bear no statements, designs, or devices which are false or misleading. [As amended Feb. 29, 1936, 1 F.R. 103] (b) Alteration of labels. (1) It shall be unlawful for any person to alter, mutilate, destroy, obliterate, or remove any mark, brand, or label upon distilled spirits held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law: Provided, That the Administrator may, upon written application, permit additional labeling or relabeling of bottled distilled spirits if, in his judgment, the facts show that such additional labeling or relabeling is for the purpose of compliance with the requirements of §§ 5.30-5.41 or of State law. (2) Application for permission to relabel shall be accompanied by two complete sets of the old labels and two complete sets of any proposed labels together with a statement of the reasons for relabeling, the quantity and the location of the distilled spirits, and the name, address, and permit number of the person by whom they will be relabeled.10*+ "The Administrator ruled that Wisniak cordial has lost its geographical significance to such an extent that it has become generic. (FA-123, see note to 8 5.1.) On June 8, 1938, effective June 23, 1938, a new section (22) was added, 3 F.R. 1394 (DI). 10 1o No forms of application for permission to relabel distilled spirits have been prescribed. On Oct. 7, 1936 the Administrator issued a circular stating that applications for permission to relabel need not be filed to cover the relabeling, on bottling premises, under the supervision of Government officers, of distilled spirits which have never left the bottler's premises, provided that the new labels are covered by certificates of label approval. (FA-69.) It was also ruled that bottled distilled spirits may be rebottled in containers bearing approved labels without securing permission to relabel. (FA-91, see note to § 5.1.) **For statutory and source citations, see note to § 5.20. Page 43 5.31 Misbranding. Distilled spirits in bottles shall be deemed to be misbranded (a) If the bottle fails to bear on it a brand label (or a brand label and other permitted labels) containing the mandatory label information as required by §§ 5.30-5.41 and conforming to the general requirements specified herein. (b) If the bottle or any label on the bottle, or any individual covering, carton, or other container of the bottle used for sale at retail, other than a shipping container, or any written, printed, graphic, or other matter accompanying the bottle to the consumer buyer contains any statement, design, device, or graphic, pictorial, or emblematic representation that is prohibited by §§ 5.30-5.41. (c) If the bottle is in an individual covering, carton, or other container used for sale at retail, other than a shipping container, displaying thereon any written, printed, graphic, or other matter, other than the name and address of the manufacturer, importer, or person by whom bottled (and in addition the name and address of the person for whom bottled), and such individual covering, carton, or other container obscures the mandatory label information required to be stated and such individual covering, carton, or other container fails to reproduce on it, in the same manner, all information so obscured; or if any statement required by §§ 5.30-5.41 to appear upon the label, or upon such individual covering, carton, or other container of the bottle, is obscured in any other manner or is modified in any manner.*† 5.32 Mandatory label information. There shall be stated— (a) On the brand label (1) Brand name, in accordance with § 5.33. (2) Class and type, in accordance with § 5.34. (3) Name and address, in accordance with § 5.35, except as provided in paragraph (b) of this section. 88 On the brand label or on a separate label (back or front)(1) In case of imported distilled spirits, name and address of importer, in accordance with § 5.35. (2) In the case of distilled spirits bottled for the holder of a permit or a retailer, the name and address of the distiller, blender, or bottler, in accordance with § 5.35. (c) On a separate label (for the purpose of this part to be known as the Government label), in such manner and form as shall be prescribed by the Administrator— (1) Alcoholic content, in accordance with § 5.36. (2) Net contents, in accordance with § 5.37. (3) Artificial or excessive coloring or flavoring, in accordance with § 5.38. Similarly, bottled distilled spirits may be removed from the bottling plant and introduced into commerce under so-called back labels conforming in all respects to the requirements of this part and the brand label may later be applied at the bottling plant at the point of destination if covered by a certificate of label approval; and that retailers may add to distilled spirits a label bearing only the words "sold by " without securing permission to relabel (FA-123, see note to § 5.1). Page 44 **For statutory and source citations, see note to § 5.20. (4) Percentage of neutral spirits and name of commodity from which distilled, or in case of continuously distilled neutral spirits or gin the name of the commodity only, in accordance with § 5.38. (5) Age of whiskey and straight whiskey, respective percentages of whiskey, straight whiskey and neutral spirits, and type of cooperage, in accordance with § 5.39: Provided, That no label shall bear any statement relative to age or period of storage for any American whiskey (other than corn whiskey, straight corn whiskey, blended corn whiskey and blends of straight corn whiskey) produced on and after July 1, 1936, and prior to March 1, 1938, unless such whiskey has been stored in a charred new oak container. (6) State of distillation of domestic types of whiskey and straight whiskey, except blends, in accordance with § 5.35. The mandatory information required by any of the subdivisions of paragraph (c) to be stated on a separate label may, if desired, reappear or be restated on the brand label, in which event there shall also reappear or be restated all information required to be stated in conjunction therewith by such separate subdivision and the section to which such subdivision refers. If it is desired, all of the mandatory information required by paragraph (c) may appear on the brand label in lieu of a separate label. [As amended, Feb. 28, 1938, 3 F.R. 486]*+ 5.33 Brand names-(a) General. The distilled spirits shall bear a brand name, except that if distilled spirits are not sold under a brand name, then the name of the person required to appear on the brand label shall be deemed a brand name for the purpose of §§ 5.30-5.41. (b) Brand names of geographical significance. The word "brand" shall be stated in direct conjunction with a brand name containing a geographical name or adjective as a part or the whole thereof, in type at least one-half the size of the type in which such geographical name or adjective appears on the label, unless such distilled spirits were in fact produced in such place: Provided, That if such product was not in fact produced in the place or region indicated by such brand name, and the Administrator finds that the general appearance of the label, or any statement, design, or device appearing thereon, tends to create the impression that the product is of foreign origin or was produced in a place or region other than that of actual production, he may require, in addition to the word "brand", other appropriate language which will indicate the true place of production.12 (c) Use of unregistered brand name. This section shall not apply to the use by any person of any trade name or brand of foreign "The form of Government label was prescribed by the Administrator in a circular letter dated Feb. 28, 1936 and addressed to all bottlers and importers of distilled spirits which explained and interpreted the requirements of this section with respect to such labels and contained specimens thereof (FA-41). Copies of this circular may be obtained from the Administration upon request. 12 The Administrator has found that the brand names "My Maryland Brand", "Kentucky Cabin", and similar names tend to create a misleading impression under this section unless further modified (FA-91, see note to § 5.1). **For statutory and source citations, see note to § 5.20. Page 45 origin not effectively registered in the United States Patent Office on August 29, 1935, which has been used by such person or his predecessors in the United States for a period of at least 5 years immediately preceding August 29, 1935: Provided, That if such trade name or brand is used, it shall be qualified by the name of the locality in the United States in which the product is produced, and such qualification shall be in script, type, or printing as conspicuous as the trade name or brand which it qualifies and shall be in direct conjunction therewith.*t 5.34 Class and type. (a) The class of the distilled spirits shall be stated. If the particular distilled spirits are a type of such class and if such type is defined in §§ 5.20-5.21, then such type shall also be stated. The class or type stated shall be in conformity with §§ 5.20-5.21, if such class or type is defined therein. If either the class or type stated is not defined in such sections, then any statement of such class or type shall be in conformity with the trade designation of such product, if such designation has not been adopted in such sections as the designation of another product: Provided, That if there is no trade designation, the product shall be given a distinctive or fanciful name, or an accurate and truthful statement of its true composition shall be made on the brand label. Notwithstanding the foregoing provisions of this section, the words "cordial" or "liqueur" need not be stated to indicate the class of distilled spirits which in fact are cordials or liqueurs, unless the Administrator finds that, without a designation of the class, the type designation is one which does not clearly indicate to the consumer that the product is a cordial or liqueur. 13 (b) The labeling of any bottled highballs, cocktails, gin fizzes, and other prepared specialties shall state, in conformity with paragraph (a), the classes and types of distilled spirits used in the manufacture thereof. Any such statement of class and type may, but need not, be stated as part of the designation of the product. If not made a part of the designation of the product, then such class and type statement shall be stated elsewhere upon the brand label or on a separate label affixed in immediate proximity thereto on the same side of the bottle.14 [As amended July 8, 1936, 1 F.R. 757] (c) On labels of cordials and liqueurs, the type of distilled spirits used for mixing or redistillation, and the percentage of each type thereof, may, but need not, be stated. Any such statement shall be substantially in accordance with the following examples: apricot liqueur-the distilled spirits used are all apricot brandy; cherry cordial the distilled spirits used are all grape brandy; pineapple liqueur-the distilled spirits used are 30 percent distilled London dry gin, 70 percent neutral spirits. (d) In the case of whiskey (as defined in § 5.21, paragraph (b), Class 2) and in the case of American type whiskey, which in whole or in part, is treated, on or after March 1, 1938, with wood chips "On June 8, 1938, effective June 23, 1938, paragraph (a) was amended, 3 F.R. 1394 (DI). 14 On June 8, 1938, effective June 23, 1938, paragraph (b) was amended, 3 F.R. 1395 (DI). Page 46 **For statutory and source citations, see note to § 5.20. through percolation, or otherwise, during distillation, rectification or storage, there shall be stated in direct conjunction with the class and type designation the phrase "Colored and flavored with wood chips.' (e) In the case of whiskey (as defined in § 5.21, Class 2) produced in the United States on or after March 1, 1938, and stored in reused cooperage, which has been distilled at not exceeding 160° proof from a fermented mash of not less than 51 percent rye grain, corn grain, wheat grain, malted barley grain, or malted rye grain, respectively, there shall be stated in direct conjunction with the class and type designation, in uniform lettering not greater than one-half the size of such designation, "Distilled from rye (or bourbon, wheat, malt or rye malt) mash", as the case may be.15 * [As amended Feb. 28, 1938, 3 F.R. 486] 5.35 Name and address-(a) "Distilled by." On labels of domestic distilled spirits bottled by or for the actual distiller thereof, there shall be stated the words "distilled by", and immediately thereafter the name of such distiller and the place where distilled.16 (b) "Blended by", "made by", "prepared by", "manufactured by", or "produced by." On labels of domestic distilled spirits bottled by or for the actual rectifier thereof, there shall be stated the words "blended by", "made by", "prepared by", "manufactured by", or "produced by", whichever may be applicable, and immediately thereafter the name of the rectifier and the place where blended, made, or prepared.17 (c) "Imported by." (1) On labels of imported distilled spirits, bottled prior to importation, there shall be stated the words "imported by", "imported exclusively by", or a similar appropriate phrase, and immediately thereafter the name of the importer, or exclusive agent, or sole distributor, or other person responsible for the importation, together with the principal place of business in the United States of such person. (2) On labels of imported distilled spirits bottled after importation by a person other than the person responsible for the importation, there shall be stated, in the manner and form prescribed above, the name and address of the person responsible for the importation, and in addition thereto the words "bottled by", and immediately thereafter, the name of the bottler and the place where bottled. (3) On labels of imported distilled spirits bottled after importation by the person responsible for the importation, there shall be stated the words "imported and bottled by", "imported and bottled exclusively by", or a similar appropriate phrase and immediately thereafter, the name of the bottler and the place where bottled. (4) The statements provided for domestic distilled spirits by paragraphs (a) and (b), if applicable, may, but need not, appear on labels of imported bottled distilled spirits, unless required by State or foreign law or regulation. If required by State or foreign 15 On June 8, 1938, effective July 1, 1938, a new paragraph (f) was added, 3 F.R. 1395 (DI). 16 On June 8, 1938, paragraph (a) was amended, 3 F.R. 1395 (DI). 17 On June 8, 1938, paragraph (b) was amended, 3 F.R. 1395 (DI). **For statutory and source citations, see note to § 5.20. Page 47 |