whisky, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. The term "distilled spirits" shall not include mixtures containing wine, bottled at 48 degrees of proof or less, if the mixture contains more than 50 percent wine on a proof gallon basis.

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

In bulk. In containers having a capacity in excess of 1 wine gallon (3.785 liters).

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 metric unit of capacity equal to 1,000 cubic centimeters of distilled spirits at 15.56° C (60° F.), and equivalent to 33.814 U.S. fluid ounces. A liter is subdivided into 1,000 milliliters. milliliter or milliliters may be abbreviated as "ml".

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; and the term "trade buyer" means any person who is a wholesaler or retailer.

Produced at. As used in §§ 5.22 and 5.52 in conjunction with specific degrees of proof to describe the standards of identity, means the composite proof of the spirits after completion of distillation and before reduction in proof.

Proof gallon. A gallon of liquid at 60° F. which contains 50 percent by volume of ethyl alcohol having a specific gravity of 0.7939 at 60° F. referred to water at 60° F. as unity, or the alcoholic equivalent thereof.

Season. The period from January 1 through June 30, is the spring season and the period from July 1 through December 31 is the fall season.

United States. The sev and Territories and the Di lumbia; the term "State" Territory and the District bia; and the term "Territ the Commonwealth of Puer

(26 U.S.C. 7805 (68 Stat. 917, 27 U.S.C. 205 (49 Stat. 981, as ar [T.D. ATF-48, 43 FR 13533, M 44 FR 55839, Sept. 28, 1979, as T.D. ATF-62, 44 FR 71620, D T.D. ATF-66, 45 FR 40547, Ju T.D. ATF-94, 46 FR 55096, N T.D. ATF-198, 50 FR 8463, M T.D. ATF-230, 51 FR 21748, Ju

Subpart C-Standards of Id Distilled Spirits

§ 5.21 Application of standards.

The standards of identity several classes and types of spirits set forth in this part applicable only to distilled s beverage or other nonindust poses.

§ 5.22 The standards of identity.

Standards of identity for th classes and types of distilled s forth in this section shall be a (see also § 5.35, class and type

(a) Class 1; neutral spirits o "Neutral spirits" or "alcohol tilled spirits produced from a rial at or above 190° proof, ar tled, bottled at not less than

(1) "Vodka” is neutral spiri tilled, or so treated after di with charcoal or other mater be without distinctive aroma, taste, or color.

C

(2) "Grain spirits" are neut distilled from a fermented grain and stored in oak contai

(b) Class 2; whisky. "Whis alcoholic distillate from a f mash of grain produced at 190° proof in such manner distillate possesses the taste and characteristics generall uted to whisky, stored in oak ers (except that corn whisky be so stored), and bottled at than 80° proof, and also inclu tures of such distillates for specific standards of identity scribed.

(1)(i) "Bourbon whisky", "rye whisky", "wheat whisky", "malt whisky", or "rye malt whisky" is whisky produced at not exceeding 160° proof from a fermented mash of not less than 51 percent corn, rye, wheat, malted barley, or malted rye grain, respectively, and stored at not more than 125° proof in charred new oak containers; and also includes mixtures of such whiskies of the same type.

(ii) "Corn whisky" is whisky produced at not exceeding 160° proof from a fermented mash of not less than 80 percent corn grain, and if stored in oak containers stored at not more than 125° proof in used or uncharred new oak containers and not subjected in any manner to treatment with charred wood; and also includes mixtures of such whisky.

(iii) Whiskies conforming to the standards prescribed in paragraphs (b)(1)(i) and (ii) of this section, which have been stored in the type of oak containers prescribed, for a period of 2 years or more shall be further designated as "straight"; for example, "straight bourbon whisky", "straight corn whisky", and whisky conforming to the standards prescribed in paragraph (b)(1)(i) of this section, except that it was produced from a fermented mash of less than 51 percent of any one type of grain, and stored for a period of 2 years or more in charred new oak containers shall be designated merely as "straight whisky". No other whiskies may be designated "straight". "Straight whisky" includes mixtures of straight whiskies of the same type produced by the same proprietor at the same distillery all of which are not less than four years old.

(2) "Whisky distilled from bourbon (rye, wheat, malt, or rye malt) mash" is whisky produced in the United States at not exceeding 160° proof from a fermented mash of not less than 51 percent corn, rye, wheat, malted barley, or malted rye grain, respectively, and stored in used oak containers; and also includes mixtures of such whiskies of the same type. Whisky conforming to the standard of identity for corn whisky must be designated corn whisky.

(3) "Light whisky" is whisky produced in the United States at more

than 160 proof, on or after January 26, 1968, and stored in used or uncharred new oak containers; and also includes mixtures of such whiskies. If "light whisky" is mixed with less than 20 percent of straight whisky on a proof gallon basis, the mixture shall be designated "blended light whisky" (light whisky-a blend).

(4) "Blended whisky" (whisky-a blend) is a mixture which contains at least 20 percent of straight whisky on a proof gallon basis and, separately or in combination, whisky or neutral spirits. A blended whisky containing not less than 51 percent on a proof gallon basis of one of the types of straight whisky shall be further designated by that specific type of straight whisky; for example, "blended rye whisky" (rye whisky-a blend).

(5) "A blend of straight whiskies" (blended straight whiskies) is a mixture of straight whiskies. A blend of straight whiskies consisting entirely of one of the types of straight whisky, and not conforming to the standard for "straight whisky", shall be further designated by that specific type of straight whisky; for example, "a blend of straight rye whiskies" (blended straight rye whiskies).

(6) "Spirit whisky" is a mixture of neutral spirits and not less than 5 percent on a proof gallon basis of whisky, or straight whisky, or straight whisky and whisky, if the straight whisky component is less than 20 percent on a proof gallon basis.

(7) "Scotch whisky" is whisky which is a distinctive product of Scotland, manufactured in Scotland in compliance with the laws of the United Kingdom regulating the manufacture of Scotch whisky for consumption in the United Kingdom: Provided, That if such product is a mixture of whiskies, such mixture is "blended Scotch whisky" (Scotch whisky—a blend).

(8) "Irish whisky" is whisky which is a distinctive product of Ireland, manufactured either in the Republic of Ireland or in Northern Ireland, in compliance with their laws regulating the manufacture of Irish whisky for home consumption: Provided, That if such product is a mixture of whiskies, such mixture is "blended Irish whisky" (Irish whisky-a blend).

(9) "Canadian whisky" is whisky which is a distinctive product of Canada, manufactured in Canada in compliance with the laws of Canada regulating the manufacture of Canadian whisky for consumption in Canada: Provided, That if such product is a mixture of whiskies, such mixture is "blended Canadian whisky" (Canadian whisky-a blend).

(c) Class 3; gin. "Gin" is a product obtained by original distillation from mash, or by redistillation of distilled spirits, or by mixing neutral spirits, with or over juniper berries and other aromatics, or with or over extracts derived from infusions, percolations, or maceration of such materials, and includes mixtures of gin and neutral spirits. It shall derive its main characteristic flavor from juniper berries and be bottled at not less than 80° proof. Gin produced exclusively by original distillation or by redistillation may be further designated as "distilled". "Dry gin" (London dry gin), "Geneva gin" (Hollands gin), and "Old Tom gin" (Tom gin) are types of gin known under such designations.

(d) Class 4; brandy. "Brandy” is an alcoholic distillate from the fermented juice, mash, or wine of fruit, or from the residue thereof, produced at less than 190° proof in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to the product, and bottled at not less than 80° proof. Brandy, mixtures thereof, not conforming to any of the standards in paragraphs (d)(1) through (8) of this section shall be designated as "brandy", and such designation shall be immediately followed by a truthful and adequate statement of composition.

or

(1) “Fruit brandy” is brandy distilled solely from the fermented juice or mash of whole, sound, ripe fruit, or from standard grape, citrus, or other fruit wine, with or without the addition of not more than 20 percent by weight of the pomace of such juice or wine, or 30 percent by volume of the lees of such wine, or both (calculated prior to the addition of water to facilitate fermentation or distillation). Fruit brandy shall include mixtures of such brandy with not more than 30 percent (calculated on a proof gallon

basis) of lees brandy. Fru rived from grapes, shall as "grape brandy" or "br that in the case of brand neutral brandy, pomace brandy or grappa brar from the fermented jui wine of grapes, or the res which has been stored in ers for less than 2 years, t of class and type shall be preceded, in the same size type, by the word "imma brandy, other than grape rived from one variety of be designated by the wo qualified by the name of (for example, "peach bran that "apple brandy" may ed "applejack". Fruit bra from more than one vari shall be designated as "fr qualified by a truthful an statement of composition.

(2) "Cognac", or "Cogr brandy", is grape brandy the Cognac region of Fran entitled to be so designa laws and regulations of Government.

(3) "Dried fruit brandy' that conforms to the st fruit brandy except that derived from sound, drie from the standard wine of Brandy derived from raisi raisin wine, shall be des "raisin brandy". Other bra be designated in the same fruit brandy from the co variety or varieties of fruit the name of the fruit sha fied by the word "dried".

(4) "Lees brandy" is bran from the lees of standard g or other fruit wine, and sha nated as "lees brandy", q the name of the fruit from lees are derived.

(5) "Pomace brandy", brandy", is brandy distille skin and pulp of sound, r citrus or other fruit, after drawal of the juice or wine and shall be designated a brandy", or "marc brandy by the name of the fruit derived. Grape pomace bra

designated as "grappa" or "grappa brandy".

(6) "Residue brandy" is brandy distilled wholly or in part from the fermented residue of fruit or wine, and shall be designated as "residue brandy" qualified by the name of the fruit from which derived. Brandy distilled wholly or in part from residue materials which conforms to any of the standards set forth in paragraphs (d)(1), (3), (4), and (5) of this section may, regardless of such fact, be designated "residue brandy", but the use of such designation shall be conclusive, precluding any later change of designation.

(7) "Neutral brandy" is brandy produced at more than 170° proof and shall be designated in accordance with the standards in this paragraph, except that the designation shall be qualified by the word "neutral"; for example, "neutral citrus residue brandy".

(8) “Substandard brandy” shall bear as a part of its designation the word "substandard", and shall include:

(i) Any brandy distilled from fermented juice, mash, or wine having a volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, in excess of 0.20 gram per 100 cubic centimeters (20° C.); measurements of volatile acidity shall be calculated exclusive of water added to facilitate distillation.

(ii) Any brandy which has been distilled from unsound, moldy, diseased, or decomposed juice, mash, wine, lees, pomace, or residue, or which shows in the finished product any taste, aroma, or characteristic associated with products distilled from such material.

(e) Class 5; blended applejack. "Blended applejack" (applejack-a blend) is a mixture which contains at least 20 percent of apple brandy (applejack) on a proof gallon basis, stored in oak containers for not less than 2 years, and not more than 80 percent of neutral spirits on a proof gallon basis if such mixture at the time of bottling is not less than 80° proof.

(f) Class 6; rum. "Rum" is an alcoholic distillate from the fermented juice of sugar cane, sugar cane syrup, sugar cane molasses, or other sugar cane by-products, produced at less

than 190° proof in such manner that the distillate possesses the taste, aroma and characteristics generally attributed to rum, and bottled at not less than 80° proof; and also includes mixtures solely of such distillates.

(g) Class 7; Tequila. "Tequila" is an alcoholic distillate from a fermented mash derived principally from the Agave Tequilana Weber ("blue" variety), with or without additional fermentable substances, distilled in such a manner that the distillate possesses the taste, aroma, and characteristics generally attributed to Tequila and bottled at not less than 80° proof, and also includes mixtures solely of such distillates. Tequila is a distinctive product of Mexico, manufactured in Mexico in compliance with the laws of Mexico regulating the manufacture of Tequila for consumption in that country.

(h) Class 8; cordials and liqueurs. Cordials and liqueurs are products obtained by mixing or redistilling distilled spirits with or over fruits, flowers, plants, or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolation, or maceration of such materials, and containing sugar, dextrose, or levulose, or a combination thereof, in an amount not less than 22 percent by weight of the finished product.

(1) "Sloe gin" is a cordial or liqueur with the main characteristic flavor derived from sloe berries.

(2) "Rye liqueur", "bourbon liqueur" (rye, bourbon cordial) are liqueurs, bottled at not less than 60° proof, in which not less than 51 percent, on a proof gallon basis, of the distilled spirits used are, respectively, rye or bourbon whisky, straight rye or straight bourbon whisky, or whisky distilled from a rye or bourbon mash, and which possess a predominant characteristic rye or bourbon flavor derived from such whisky. Wine, if used, must be within the 22 percent limitation provided in § 5.23 for coloring, flavoring, and blending materials.

(3) "Rock and rye", "rock and bourbon", "rock and brandy", "rock and rum" are liqueurs, bottled at not less than 48° proof, in which, in the case of rock and rye and rock and bourbon,

not less than 51 percent, on a proof gallon basis, of the distilled spirits used are, respectively, rye or bourbon whisky, straight rye or straight bourbon whisky, or whisky distilled from a rye or bourbon mash, and, in the case of rock and brandy and rock and rum, the distilled spirits used are all grape brandy or rum, respectively; containing rock candy or sugar syrup, with or without the addition of fruit, fruit juices, or other natural flavoring materials, and possessing, respectively, a predominant characteristic rye, bourbon, brandy, or rum flavor derived from the distilled spirits used. Wine, if used, must be within the 21⁄2 percent limitation provided in § 5.23 for harmless coloring, flavoring, and blending materials.

(4) “Rum liqueur,” “gin liqueur," "brandy liqueur," are liqueurs, bottled at not less than 60 proof, in which the distilled spirits used are entirely rum, gin, or brandy, respectively, and which possess, respectively, a predominant characteristic rum, gin, or brandy flavor derived from the distilled spirits used. In the case of brandy liqueur, the type of brandy must be stated in accordance with § 5.22(d), except that liqueurs made entirely with grape brandy may be designated simply as "brandy liqueur." Wine, if used, must be within the 22 percent limitation provided for in § 5.23 for harmless coloring, flavoring, and blending materials.

(5) The designation of a cordial or liqueur may include the word "dry" if the sugar, dextrose, or levulose, or a combination thereof, are less than 10 percent by weight of the finished product.

(6) Cordials and liqueurs shall not be designated as "distilled" or "com

pound".

(i) Class 9; flavored brandy, flavored gin, flavored rum, flavored vodka, and flavored whisky. "Flavored brandy," "flavored gin," "flavored rum," "flavored vodka," and "flavored whisky" are brandy, gin, rum, vodka, and whisky, respectively, to which have been added natural flavoring materials, with or without the addition of sugar, and bottled at not less than 70° proof. The name of the predominant flavor shall appear as a part of the

designation. If the finish contains more than 21⁄2 volume of wine, the kinds a ages by volume of wine mu as a part of the designat that a flavored brandy may additional 121⁄2 percent by wine, without label disclos additional wine is derived particular fruit correspond labeled flavor of the product

(j) Class 10; imitations. shall bear, as a part of the d thereof, the word "imita shall include the following:

(1) Any class or type of dis its to which has been added or flavoring material of such to cause the resultant produc late any other class or type o spirits;

(2) Any class or type of dist its (other than distilled sp quired under § 5.35 to bear tive or fanciful name and a and adequate statement of tion) to which has been adde considered to be artificial or i In determining whether a fla tificial or imitation, recognitio given to what is considere "good commercial practice" flavor manufacturing industry

(3) Any class of type of disti its (except cordials, liqueurs cialties marketed under labe do not indicate or imply, th= ticular class or type of distill was used in the manufacture to which has been added an essense, brandy essence, rum or similar essence or extra simulates or enhances, or is the trade or in the particular to simulate or enhance, the c istics of any class or type of spirits;

(4) Any type of whisky beading oil has been added;

(5) Any rum to which neutr or distilled spirits other th have been added;

(6) Any brandy made from material to which has been a amount of sugar other than and amount of sugar expressly ized in the production of wine; and