C). All other liquid measures used are subdivisions of the gallon as defined.

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.

Malt beverage. A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption.

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.

Packer. Any person who places malt beverages in containers of a capacity in excess of one gallon.

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.

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

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

[T.D. ATF-48, 43 FR 13534, Mar. 31, 1978; 44 FR 55839, Sept. 28, 1979, as amended by T.D. ATF-66, 45 FR 40550, June 13, 1980; T.D. ATF-94, 46 FR 55097, Nov. 6, 1981]

shipped or delivered for shipment, or otherwise introduced into or received in any State from any place outside thereof, only to the extent that the law of such State imposes similar requirements with respect to the labeling of malt beverages not sold or shipped or delivered for shipment or otherwise introduced into or received in such State from any place outside thereof.

(b) Marking, branding, and labeling. No person engaged in business as a brewer, wholesaler, or importer of malt beverages, 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 malt beverages in containers unless the malt beverages are packaged, and the packages are marked, branded, and labeled in conformity with this subpart.

(c) Alteration of labels. (1) It shall be unlawful for any person to alter, mutilate, destroy, obliterate, or remove any mark, brand, or label upon malt beverages held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law. The regional director (compliance) may, upon written application, permit additional labeling or relabeling of malt beverages in containers if, in his judgment, the facts show that the additional labeling or relabeling is for the purpose of compliance with the requirements of this subpart 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 malt beverages, and the name and address of the person by whom they will be relabeled.

[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF-66, 45 FR 40551, June 13, 1980]

§ 7.21 Misbranding.

Malt beverages in containers shall be deemed to be misbranded:

(a) If the container fails to bear on it a brand label (or a brand label and other permitted labels) containing the mandatory label information as required by §§ 7.20 through 7.29 and conforming to the general requirements specified in this part.

(b) If the container, cap, or any label on the container, or any carton, case, or other covering of the container used for sale at retail, or any written, printed, graphic, or other matter accompanying the container to the consumer buyer contains any statement, design, device, or graphic, pictorial, or emblematic representation that is prohibited by §§ 7.20 through 7.29.

(c) If the container has blown, branded, or burned therein the name or other distinguishing mark of any person engaged in business as a brewer, wholesaler, bottler, or importer, of malt beverages, or of any other person, except the person whose name is required to appear on the brand label.

§ 7.22 Mandatory label information.

There shall be stated:

(a) On the brand label:

(1) Brand name, in accordance with § 7.23.

(2) Class, in accordance with § 7.24.

(3) Name and address (except when branded or burned in the container) in accordance with § 7.25, except as provided in paragraph (b) of this section.

(4) Net contents (except when blown, branded, or burned, in the container) in accordance with § 7.27.

(b) On the brand label or on a separate label (back or front):

(1) In the case of imported malt beverages, name and address of importer in accordance with § 7.25.

(2) In the case of malt beverages bottled or packed for the holder of a permit or a retailer, the name and address of the bottler or packer, in accordance with § 7.25.

(3) Alcoholic content, when required by State law, in accordance with § § 7.26. (4) A statement that the product contains FD&C Yellow No. 5, where that coloring material is used in a product bottled on or after October 6, 1984.

(5) The following statement, separate and apart from all other informa

tion, when saccharin is prese finished product: Use of this may be hazardous to your hea product contains saccharin w been determined to cause c laboratory animals.

(6) Declaration of sulfites. T ment "Contains sulfites" or " (a) sulfiting agent(s)" or a st identifying the specific sulfitir where sulfur dioxide or a agent is detected at a level o more parts per million, meas total sulfur dioxide. The sulfit ration may appear on a strip neck label in lieu of appearing front or back label. The provis this paragraph shall apply to:

(i) Any certificate of label a issued on or after January 9, 198

(ii) Any malt beverage bottled after July 9, 1987, regardless date of issuance of the certific label approval; and,

(iii) Any malt beverage remov or after January 9, 1988.

(Paragraph (b)(6) approved by the O Management and Budget under Cont 1512-0469).

[T.D. 6521, 25 FR 13859, Dec. 29, 1 amended by T.D. ATF-94, 46 FR 5509 6, 1981; T.D. ATF-150, 48 FR 45557, 1983; T.D. ATF-220, 50 FR 51852, D 1985; T.D. ATF-236, 51 FR 34710, S 1986]

§ 7.23 Brand names.

(a) General. The product shal a brand name, except that if no under a brand name, then the na the person required to appear brand label shall be deemed a name for the purpose of this par

(b) Misleading brand name label shall contain any brand which, standing alone, or in as tion with other printed or g matter, creates any impression ference as to the age, origin, ide or other characteristics of the pr unless the Director finds that brand name, either when qualifi the word "brand" or when n qualified, conveys no erroneou pressions as to the age, origin, ty, or other characteristics o product.

(c) Trade name of foreign c This section shall not operate t

hibit the use by any person of any trade name or brand of foreign 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, the designation of the product shall be qualified by the name of the locality in the United States in which produced, and such qualification shall be in script, type, or printing as conspicuous as the trade name or brand.

§ 7.24 Class and type.

(a) The class of the malt beverage shall be stated and, if desired, the type thereof may be stated. Statements of class and type shall conform to the designation of the product as known to the trade. If the product is not known to the trade under a particular designation, a distinctive or fanciful name, together with an adequate and truthful statement of the composition of the product, shall be stated, and such statement shall be deemed to be a statement of class and type for the purposes of this part.

(b) Malt beverages which have been concentrated by the removal of water therefrom and reconstituted by the addition of water and carbon dioxide shall for the purpose of this part be labeled in the same manner as malt beverages which have not been concentrated and reconstituted, except that there shall appear in direct conjunction with, and as a part of, the class designation the statement "PRODUCED FROM--CONCENTRATE" (the blank to be filled in with the appropriate class designation). All parts of the class designation shall appear in lettering of substantially the same size and kind.

(c) No product shall be designated as "half and half” unless it is in fact composed of equal parts of two classes of malt beverages the names of which are conspicuously stated in conjunction with the designation "half and half".

(d) No product containing less than one-half of 1 percent of alcohol by volume shall bear the class designations "beer", "“lager beer”, “lager”,

"ale", "porter", or "stout", or any other class or type designation commonly applied to malt beverages containing one-half of 1 percent or more of alcohol by volume.

(e) No product other than a malt beverage fermented at comparatively high temperature, possessing the characteristics generally attributed to "ale," "porter," or "stout" and produced without the use of coloring or flavoring materials (other than those recognized in standard brewing prac tices) shall bear any of these class designations.

(f) Geographical names for distinctive types of malt beverages (other than names found by the Director under paragraph (g) of this section to have become generic) shall not be applied to malt beverages produced in any place other than the particular region indicated by the name unless (1) in direct conjunction with the name there appears the word "type" or the word "American", or some other statement indicating the true place of production in lettering substantially as conspicuous as such name, and (2) the malt beverages to which the name is applied conform to the type so designated. The following are examples of distinctive types of beer with geographical names that have not become generic; Dortmund, Dortmunder, Vienna, Wein, Weiner, Bavarian, Munich, Munchner, Salvator, Kulmbacher, Wurtzburger, Pilsen (Pilsener and Pilsner): Provided, That notwithstanding the foregoing provisions of this section, beer which is produced in the United States may be designated as "Pilsen," "Pilsener," or "Pilsner" without further modification, if it conforms to such type.

(g) Only such geographical names for distinctive types of malt beverages as the Director finds have by usage and common knowledge lost their geographical significance to such an extent that they have become generic shall be deemed to have become generic, e.g., India Pale Ale.

(h) Except as provided in § 7.23(b), geographical names that are not names for distinctive types of malt beverages shall not be applied to malt beverages produced in any place other

than the particular place or region indicated in the name.

[T.D. 6672, 28 FR 9637, Aug. 31, 1963, as amended at 29 FR 3572, Mar. 20, 1964; T.D. ATF-249, 52 FR 5956, Feb. 27, 1987]

§ 7.25 Name and address.

(a) Domestic malt beverages. (1) On labels of containers of domestic malt beverages there shall be stated the name of the bottler or packer and the place where bottled or packed. The bottler's or packer's principal place of business may be shown in lieu of the actual place where bottled or packed if the address shown is a location where bottling or packing operation takes place. The Director may disapprove the listing of a principal place of business if its use would create a false or misleading impression as to the geographic origin of the beer.

(2) If malt beverages are bottled or packed for a person other than the actual bottler or packer there may be stated in addition to the name and address of the bottler or packer (but not in lieu of), the name and address of such other person immediately preceded by the words "bottled for," "distributed by," or other similar appropriate phrase.

(b) Imported malt beverages. On labels of containers of imported malt beverages, there shall be stated the words "imported by," or a singular appropriate phrase, and immediately thereafter the name of the permittee who is 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. In addition there may, but need not, be stated unless required by State or foreign law or regulation the name and principal place of business of the foreign manufacturer, bottler, packer, or shipper.

(c) Post-office address. The "place" stated shall be the post-office address, except that the street address may be omitted. No additional places or addresses shall be stated for the same person, unless (1) such person is actively engaged in the conduct of an additional bona fide and actual malt beverage business at such additional place or address, and (2) the label also con

tains, in direct conjunction t appropriate descriptive mate cating the function occurring additional place or address in tion with the particular malt

(Approved by the Office of Ma and Budget under control numb 0474)

[T.D. 6551, 25 FR 13859, Dec. 29, amended by T.D. ATF-225, 51 Mar. 12, 1986]

§ 7.26 Alcoholic content.

The alcoholic content and t centage and quantity of the extract shall not be stated un quired by State law. When al content is required to be stat the manner of statement is no fied in the State law, it shall be in percentage of alcohol by we by volume, and not by proof maximums or minimums. Oth the manner of statement shall specified in the State law.

87.27 Net contents.

(a) Net contents shall be sta follows:

(1) If less than 1 pint, in ounces, or fractions of a pint.

(2) If 1 pint, 1 quart, or 1 gallo net contents shall be so stated.

(3) If more than 1 pint, but les 1 quart, the net contents sh stated in fractions of a quart, pints and fluid ounces.

(4) If more than 1 quart, bu than 1 gallon, the net contents be stated in fractions of a gallon quarts, pints, and fluid ounces.

(5) If more than 1 gallon, th contents shall be stated in gallor fractions thereof.

(b) All fractions shall be exp in their lowest denominations.

(c) The net contents need n stated on any label if the net con are displayed by having the blown, branded, or burned in the tainer in letters or figures in manner as to be plainly legible ordinary circumstances and such ment is not obscured in any man whole or in part.

§ 7.28 General requirements.

(a) Contrasting background. All labels shall be so designed that all statements required by this subpart are readily legible under ordinary conditions, and all the statements are on a contrasting background.

(b) Size of type. (1) Containers of more than one-half pint.

(i) All mandatory information required on labels by this part, except alcoholic content statements, shall be in script, type, or printing not smaller than 2 millimeter (or 8-point gothic until January 1, 1983); except that if contained among other descriptive or explanatory information, the script, type, or printing of all mandatory information shall be of a size substantially more conspicuous than that of the descriptive or explanatory information.

(ii) Where an alcoholic content statement is required by State law all portions of any such alcoholic content statement shall be of the same size and kind of lettering and of equally conspicuous color, and the lettering shall not be larger than 2 millimeters (or 8-point gothic until January 1, 1983), except when otherwise required by State law.

(2) Containers of one-half pint or less.

(i) All mandatory information required on labels by this part, except alcoholic content statements, shall be in script, type, or printing not smaller than 1 millimeter (or 6 point gothic until January 1, 1983); except that if contained among other descriptive or explanatory information, the script, type, or printing of all mandatory information shall be of a size substantially more conspicuous than that of the descriptive or explanatory information.

(ii) Where an alcoholic content statement is required by State law all portions of any such alcoholic content statement shall be of the same size and kind of lettering and of equally conspicuous color, and the lettering shall not be smaller than 1 millimeter (or 6-point gothic until January 1, 1983), but shall not be larger than 2 millimeters (or 8-gothic until January 1, 1983, except when otherwise required by State law.

(c) English language. All information, other than the brand name, required by this subpart to be stated on labels shall be in the English language. Additional statements in foreign languages may be made, if the statements do not conflict with, or are contradictory to, the requirements of this subpart. Labels on containers of malt beverages bottled or packed for consumption within Puerto Rico may, if desired, state the information required by this subpart solely in the Spanish language, in lieu of the English language, except that the net contents shall also be stated in the English language.

(d) Labels firmly affixed. All labels shall be affixed to containers of malt beverages in such manner that they cannot be removed without thorough application of water or other solvents.

(e) Additional information. Labels may contain information other than the mandatory label information required by this subpart if the information complies with the requirements of this subpart and does not conflict with, or in any manner qualify, statements required by this part.

[T.D. ATF-66, 45 FR 40552, June 13, 1980, as amended by T.D. ATF-94, 46 FR 55097, Nov. 6, 1981]

§7.29 Prohibited practices.

(a) Statements on labels. Containers of malt beverages, or any labels on such containers, or any carton, case, or individual covering of such containers, used for sale at retail or any written, printed, graphic, or other matter accompanying such containers to the consumer shall not contain:

(1) Any statement that is false or untrue in any particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific or technical matter, tends to create a misleading impression.

(2) Any statement that is disparaging of a competitor's products.

(3) Any statement, design, device, or representation which is obscene or indecent.

(4) Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of