AUTHORITY: 49 Stat. 981, as amended (27 U.S.C. 205).

SOURCE: T.D. ATF-74, 45 FR 63256, Sept. 23, 1980, unless otherwise noted.

Subpart A-Scope of Regulations

§ 8.1 General.

The regulations in this part, issued pursuant to section 5 of the Federal Alcohol Administration Act (27 U.S.C. 205), specify practices which are prohibited by subsection (a), “Exclusive outlet." This part does not attempt to enumerate all of the practices prohibited by section 5(a) of the Act. Nothing in this part shall operate to exempt any person from the requirements of any State law or regulation.

§ 8.2 Territorial extent.

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

§ 8.3 Application.

(a) General. This part applies only to transactions between industry members and retailers. It does not apply to transactions between two industry members; for example, between a producer and a wholesaler.

(b) Transactions involving State agencies. The regulations in this part apply only to transactions between industry members and State agencies operating as retailers as defined in this part. The regulations do not apply to State agencies with regard to their wholesale dealings with retailers.

§ 8.4 Jurisdictional limits.

(a) General. The regulations in this part apply where:

(1) The industry member requires, by agreement or otherwise, a retailer to purchase distilled spirits, wine, or malt beverages from such industry member to the exclusion in whole or in part of products sold or offered for sale by other persons in interstate or foreign commerce; and

(2) If: (i) The requirement is made in the course of interstate or foreign commerce; or

(ii) The industry member engages in the practice of using a requirement to such an extent as substantially to re

strain or prevent transactions in interstate or foreign commerce in any such products; or

(iii) The direct effect of the requirement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign

commerce.

(b) Malt beverages. In the case of malt beverages, this part applies to transactions between a retailer in any State and a brewer, importer, or wholesaler of malt beverages inside or outside such State only to the extent that the law of such State imposes requirements similar to the requirements of section 5(a) of the Federal Alcohol Administration Act (27 U.S.C. 205(a)), with respect to similar transactions between a retailer in such State and a brewer, importer, or wholesaler of malt beverages in such State.

As used in this part, unless the context otherwise requires, terms have the meanings given in this section. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the meaning assigned to it by that Act.

Act. The Federal Alcohol Administration Act.

Industry member. Any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer or wholesaler, of distilled spirits, wine or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits; industry member does not include an agency of a State or political subdivision thereof, or an officer or employee of such agency.

Product. Distilled spirits, wine or malt beverages, as defined in the Federal Alcohol Administration Act.

Retailer. Any person engaged in the sale of distilled spirits, wine or malt beverages to consumers. A wholesaler who makes incidental retail sales representing less than five percent of the wholesaler's total sales volume for the preceding two-month period shall not

§ 8.22 Contracts to purchase distilled spirits, wine, or malt beverages.

Any contract or agreement, written or unwritten, which has the effect of requiring the retailer to purchase distilled spirits, wine, or malt beverages from the industry member beyond a single sales transaction is prohibited. Examples of such contracts are:

(a) An advertising contract between an industry member and a retailer with the express or implied requirement of the purchase of the advertiser's products; or

(b) A sales contract awarded on a competitive bid basis which has the effect of prohibiting the retailer from purchasing from other industry members by:

For example, a supplier enter contractual agreement or ot rangement with a third part third party, a ballclub, or muni private corporation, not acting tailer, leases the concession rig is able to control the purchasin sions of the retailer. The busin rangements entered into, betwe industry member and the third may consist of such things as s ing radio or television broadc paying for advertising, or pro other services or things of valu third party, in consideration above, requires the retailer t Ichase the industry member's pr either exclusively or on a sp percentage basis.

(1) Requiring that for the period of the agreement, the retailer purchase a product or line of products exclusively from the industry member; or

(2) Requiring that the retailer purchase a specific or minimum quantity during the period of the agreement.

§ 8.23 Third party arrangements.

Industry member arrangements with non-retailers which result in a retailer being required to purchase the industry member's products are prohibited.

AUTHORITY: 27 U.S.C. 205.

SOURCE: T.D. ATF-60, 44 FR 56692, Oct. 2, 1979, unless otherwise noted.

Subpart A-General Provisions

§ 9.1 Scope.

The regulations in this part relate to American viticultural areas.

§ 9.2 Territorial extent.

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

§ 9.3 Relation to Parts 4 and 71 of this chapter.

(a) Procedure. In accordance with §§ 4.25a(e)(2) and 71.41(c) of this chapter, the Director shall receive petitions to establish American viticultural areas and shall use the informal rulemaking process, under 5 U.S.C. 553, in establishing viticultural areas in this part.

(b) Information to establish an American viticultural area. A petition, made in writing, shall contain the following information:

(1) Evidence that the name of the viticultural area is locally and/or nationally known as referring to the area specified in the application;

(2) Historical or current evidence that the boundaries of the viticultural area are as specified in the application;

(3) Evidence relating to the geographical features (climate, soil, elevation, physical features, and the like) which distinguish the viticultural features of the proposed area from surrounding areas;

(4) The specific boundaries of the viticultural area, based on features which can be found on United States Geological Survey (U.S.G.S.) maps of the largest applicable scale; and

(5) A copy of the appropriate U.S.G.S. map(s) with the boundaries prominently marked. (For U.S.G.S. maps west of the Mississippi River, if the map name is known, write the U.S. Geological Survey, Branch of Distribution, Box 25286, Federal Center, Denver, Colorado 80225; for U.S.G.S. maps east of the Mississippi River, if the map name is known, write the U.S.

Geological Survey, Branch of Distribution, 1200 South Eads Street, Arlington, Virginia 22202; if the map name is not known, request a map index by State from the U.S. Geological Survey at the Arlington, Virginia, address.)

[T.D. ATF-60, 44 FR 56692, Oct. 2, 1979, as amended by T.D. ATF-92, 46 FR 46913, Sept. 23, 1981]

Subpart B-Definitions

§ 9.11 Meaning of terms.

As used in this part, unless the context otherwise requires, terms shall have the meaning ascribed in this section.

American. Of or relating to the several States, the District of Columbia, and Puerto Rico; "State" includes the District of Columbia and Puerto Rico. Approved map. The map used to define the boundaries of an approved viticultural area.

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

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.

U.S.G.S. The United States Geological Survey.

Viticultural area. A delimited, grapegrowing region distinguishable by geographical features, the boundaries of which have been delineated in Subpart C of this part.

Subpart C-Approved American Viticultural Areas

§ 9.21 General.

The viticultural areas listed in this subpart are approved for use as appellations of origin in accordance with Part 4 of this chapter.

§ 9.22 Augusta.

(a) Name. The name of the viticultural area described in this section is "Augusta."

(b) Approved maps. The approved maps for the Augusta viticultural area are two U.S.G.S. maps. They are titled:

(1) "Washington East, Misso minute quadrangle; and

(2) "Labadie, Missouri", 7.5 quadrangle.

(c) Boundaries. The bounda the Augusta viticultural area ar ed in the State of Missouri and follows:

(1) The beginning point boundary is the intersection of Charles County line, the County line and the Franklin line.

(2) The western boundary is Charles County-Warren Coun from the beginning point to the ship line identified on the ap maps as "T45N/T44N."

(3) The northern boundary township line "T45N/T44N" fro St. Charles County-Warren line to the range line identified approved maps as "R1E/R2E.”

(4) The eastern boundary range line "R1E/R2E" from tov line "T45N/T44N" extended to Charles County-Franklin Count

(5) The southern boundary is Charles County-Franklin Count from the extension of rang "R1E/R2E" to the beginning po [T.D. ATF-72, 45 FR 41633, June 20 § 9.23 Napa Valley.

(a) Name. The name of the tural area described in this sec "Napa Valley."

(b) Approved maps. The maps ing the boundaries of the Napa viticultural area are the:

(1) "Mt. St. Helena" U.S.G minute quadrangle;

(2) "Detert Reservoir" U.S.G minute quadrangle;

(3) "St. Helena" U.S.G.S. 15 1 quadrangle;

(4) "Jericho Valley" U.S.G. minute quadrangle;

(5) "Lake Berryessa" U.S.G minute quadrangle;

(6) "Mt. Vaca" U.S.G.S. 15 1 quadrangle;

(7) "Cordelia" U.S.G.S. 7.5 1 quadrangle;

(8) "Cuttings Wharf" U.S.G minute quadrangle; and

(9) Appropriate Napa County tax assessor's maps showing the Napa County-Sonoma County line.

(c) Boundaries. The Napa Valley viticultural area is located within Napa County, California. From the beginning point at the conjuction of the Napa County-Sonoma County line and the Napa County-Lake County line, the boundary runs along

(1) The Napa County-Lake County line;

(2) Putah Creek and the western and southern shores of Lake Berryessa; (3) The Napa County-Solano County line; and

(a) Name The name of the viticultural area described in this section is "Chalone."

(b) Approved maps. The appropriate maps for determining the boundaries of the Chalone viticultural area are four U.S.G.S. 7.5 minute quadrangle maps. They are titled:

(1) "Mount Johnson, California, 1968";

(2) "Bickmore Canyon, California, 1968";

(3) "Soledad, California, 1955"; and (4) "North Chalone Peak, California, 1969."

(c) Boundaries. The Chalone viticultural area includes 8640 acres, primarily located in Monterey County, California, with small portions in the north and east located in San Benito County, California. The boundaries of the Chalone viticultural area encompass:

(1) Sections 35 and 36, in their entirety, of T.16 S., R.6.E.;

(2) Sections 1, 2 and 12, in their entirety, of T.17 S., R.6 E.;

(3) Sections 6, 7, 8, 9, 16, and 17, in their entirety, the western half of Section 5, and the eastern half of Section 18 of T.17 S., R.7 E.; and

(4) Section 31, in its entirety, and the western half of Section 32 of T.16 S., R.7 E.

[T.D. ATF-107, 47 FR 25519, June 14, 1982]

§ 9.25 San Pasqual Valley.

(a) Name. The name of the viticultural area described in this section is "San Pasqual Valley."

(b) Approved maps. The appropriate maps for determining the boundaries are three U.S.G.S. maps. They are entitled:

(1) "Escondido Quadrangle, California-San Diego County", 7.5 minute series;

(2) "San Pasqual Quadrangle, California-San Diego County", 7.5 minute series;

(3) "Valley Center Quadrangle, California-San Diego County", 7.5

minute series.

(c) Boundaries. The San Pasqual Valley viticultural area is located in San Diego County, California.

(1) From the beginning point at the intersection of Interstate 15 and the 500-foot contour line, north of the intersection of point of Interstate 15 and T.12 S./T.13 S., the boundary line follows the 500-foot contour line to;

(2) The point nearest San Pasqual Road and the 500-foot contour line, the boundary line follows the Escondido Corporate Boundary line to the 500-foot contour line on the hillock and circumnavigates said hillock back to the Escondido Corporate Boundary line and returns to the 500-foot contour line nearest to San Pasqual Road and;

(3) Continues along the 500-foot contour line completely around San Pasqual Valley to a point where the 500foot contour line intersects with Pomerado Road, at this point, the boundary line, in a straight, northwesterly direction crosses over to;

(4) The 500-foot contour line of Battle Mountain, following the 500foot contour line around Battle Mountain to point nearest to Interstate 15, at which point the boundary line crosses over to Interstate 15; and (5) Continues northward along Interstate 15 to the point of beginning.

[T.D. ATF-92, 46 FR 41493, Sept. 23, 1981] § 9.26 Guenoc Valley.

(a) Name. The name of the viticultural area described in this section is "Guenoc Valley."