§ 4.64 Prohibited statements.

(a) Restrictions. The advertisement of wine shall not contain:

(1) Any statement that is false or misleading in any material particular. (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 falsity, which the Director finds to be likely to mislead the consumer.

(5) Any statement, design, device, or representation of or relating to any guaranty, irrespective of falsity, which the Director finds to be likely to mislead the consumer.

(6) Any statement that the wine is produced, blended, bottled, packed, or sold under, or in accordance with, any municipal, State, or Federal Government authorization, law, or regulations; and if a municipal, State, or Federal permit number is stated, the permit number shall not be accompanied by any additional statement relating thereto.

(7) Any statement of bonded winecellar and bonded winery numbers unless stated in direct conjunction with the name and address of the person operating such winery or storeroom. Statement of bonded winecellar and bonded winery numbers may be made in the following form: "Bonded Winecellar No. --," "Bonded Winery No. "B. W. C. No. --," "B. W. No. No additional reference thereto shall be made, nor shall any use be made of such statement that may convey the impression that the wine has been made or matured under Government supervision or in accordance with Government specifications or standards.

(8) Any statement, design, device, or representation which relates to alcoholic content or which tends to create the impression that a wine is "unfortified" or has been "fortified," or contains distilled spirits, or has intoxicating qualities, except that a statement of composition, if required to appear as a designation of a product not defined in these regulations, may include

a reference to the type of distilled spirits employed therein.

(9) Any word in the brand name or class and type designation which is the name of a distilled spirits product or which simulates, imitates, or creates the impression that the wine so labeled is, or is similar to, any product customarily made with a distilled spirits base.

(b) Statements inconsistent with labeling. The advertisement shall not contain any statement concerning a brand or lot of wine that is inconsistent with any statement on the labeling thereof.

(c) Statement of age. No statement of age or representation relative to age (including words or devices in any brand name or mark) shall be made, except (1) for vintage wine, in accordance with the provisions of § 4.27; (2) references in accordance with § 4.38(f); or (3) use of the word “old” as part of a brand name.

(d) Statement of bottling dates. The statement of any bottling date shall not be deemed to be a representation relative to age, if such statement appears without undue emphasis in the following form: "Bottled in (inserting the year in which the wine was bottled).

(e) Statement of miscellaneous dates. No date, except as provided in paragraphs (c) and (d) of this section, with respect to statement of vintage year and bottling date, shall be stated unless, in addition thereto, and in direct conjunction therewith, in the same size and kind of printing there shall be stated an explanation of the significance of such date: Provided, That if any date refers to the date of establishment of any business, such date shall be stated without undue emphasis and in direct conjunction with the name of the person to whom it refers.

(f) Flags, seals, coats of arms, crests, and other insignia. No advertisement shall contain any statement, design, device, or pictorial representation of or relating to, or capable of being construed as relating to, the armed forces of the United States, or of the American flag, or of any emblem, seal, insignia, or decoration associated with such

flag or armed forces; nor shall any advertisement contain any statement, device, design, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crests, or insignia is associated.

(g) Statements indicative of origin. No statement, design, device, or representation which tends to create the impression that the wine originated in a particular place or region, shall appear in any advertisement unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement in direct conjunction with the class and type designation.

(h) Use of the word "importer” or similar words. The word “importer" or similar words shall not appear in advertisements of domestic wine except as part of the bona fide name of the permittee by or for whom, or of a retailer for whom, such wine is bottled, packed or distributed: Provided, That in all cases where such words are used as part of such name, there shall be stated the words "Product of the United States" or similar words to negate any impression that the product is imported, and such negating statements shall appear in the same size and kind of printing as such name.

(i) Curative and therapeutic effects. The advertisement shall not contain any statement, design, or device representing that the use of any wine has curative or therapeutic effects, if such statement is untrue in any particular, or tends to create a misleading impression.

(j) Confusion of brands. Two or more different brands or lots of wine shall not be advertised in one advertisement (or in two or more advertisements in one issue of a periodical or newspaper, or in one piece of other written, printed, or graphic matter) if the advertisement tends to create the

impression that representations made as to one brand or lot apply to the other or others, and if as to such latter the representations contravene any provision of §§ 4.60-4.64 or are in any respect untrue.

[T.D. 6521, 25 FR 13843, Dec. 29, 1960, as amended by T.D. 6976, 33 FR 15025, Oct. 8, 1968; T.D. ATF-53, 43 FR 37678, Aug. 23, 1978]

Subpart H-Standards of Fill for Wine

§4.70 Application.

(a) Except as provided in paragraph (b) of this section, no person engaged in business as a producer, rectifier, blender, importer, or wholesaler of wine, 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 wine unless such wine is bottled or packed in the standard wine containers herein prescribed.

(b) Sections 4.70-4.74 do not apply to

(1) Sake;

(2) Wine packed in containers of 18 liters or more;

(3) Imported wine in the original containers in which entered customs custody if the wine was bottled or packed before January 1, 1979; or

(4) Wine domestically bottled or packed, either in or out of customs custody, before October 24, 1943, if the container, or the label on the container, bears a conspicuous statement of the net contents, and if the actual capacity of the container is not substantially less than the apparent capacity upon visual examination under ordinary conditions of purchase or

use.

(c) Sections 4.73-4.74 do not apply to wine domestically bottled or packed, either in or out of customs custody, before January 1, 1979, if the wine was bottled or packed according to the standards of fill prescribed by § 4.72.

[T.D. ATF-12, 39 FR 45222, Dec. 31, 1974, as amended by T.D. ATF-49, Ref. No. 310, 43 FR 19848, May 9, 1978]

40-071 0-79-4

§ 4.71 Standard wine containers.

(a) A standard wine container shall be made, formed and filled to meet the following specifications:

(1) Design. It shall be so made and formed as not to mislead the purchaser. Wine containers shall be held (irrespective of the correctness of the net contents specified on the label) to be so made and formed as to mislead the purchaser if the actual capacity is substantially less than the apparent capacity upon visual examination under ordinary conditions of purchase or use; and

(2) Fill. It shall be so filled as to contain the quantity of wine specified in one of the standards of fill prescribed in §§ 4.72 or 4.73; and

(3) Headspace. It shall be made and filled as to have a headspace not in excess of 6 percent of its total capacity after closure if the net content of the container is 187 milliliters or more, and a headspace not in excess of 10 percent of such capacity in the case of all other containers.

[T.D. ATF-12, 39 FR 45222, Dec. 31, 1974]

(2) In addition, for aperitif wines only: 15/16 quart:

(b) The tolerances in fill shall be the same as are allowed by § 4.37 in respect to statement of net contents upon labels.

(c) This section shall not apply on or after January 1, 1979. The metric standards of fill prescribed in § 4.73 may be substituted for the standards of fill in this section on or after January 1, 1975, but must be applied on or after January 1, 1979.

[T.D. ATF-12, 39 FR 45223, Dec. 31, 1974]

§4.73 Metric standards of fill.

(a) Authorized standards of fill. The standards of fill for wine are the following:

3 liters

1.5 liters

1 liter

750 milliliters 375 milliliters 187 milliliters 100 milliliters

(b) Sizes larger than 3 liters. Wine may be bottled or packed in containers of 4 liters or larger if the containers are filled and labeled in quantities of even liters (4 liters, 5 liters, 6 liters, etc.).

(c) Tolerances. The tolerances in fill are the same as are allowed by § 4.37 in respect to statement of net contents on labels.

(d) Completeness of conversion. Once a bottler has discontinued bottling in a given type or style of bottle (for example: burgundy bottle, champagne bottle, etc.) corresponding to a standard of fill prescribed by § 4.72, and has begun bottling in a replacement standard of fill prescribed by this section, the bottler may not revert back for that particular type or style of bottle, to the standard of fill prescribed by § 4.72.

(e) Effective date. The effective date of paragraphs (a) through (c) of this section is January 1, 1979, except that, the standards of fill prescribed by this section may be applied in lieu of those listed at § 4.72 on or after January 1, 1975. When the metric standards of fill are applied prior to January 1, 1979, the equivalent volume in U.S. measure will also be stated as specified in § 4.37(b).

[T.D. ATF-12, 39 FR 45223, Dec. 31, 1974, as amended by T.D. ATF-49, Ref. No. 310, 43 FR 19848, May 9, 1978]

§ 4.74 Bottles per shipping case.

(a) General. Wines bottled subject to the standards of fill prescribed by § 4.73 will be packed with the following number of bottles per shipping case or shipping container

5.41

5.42

5.38a

Metric net contents.

5.39 Presence of neutral spirits and coloring, flavoring, and blending materials. Statements of age and percentage. Bottle cartons, booklets and leaflets. Prohibited practices.

Subpart E-Standards of Fill for Bottled
Distilled Spirits

1 liter

750 milliliters..

375 milliliters..

187 milliliters..

100 milliliters..

(b) Exception. The Director may waive the bottles per case requirement set forth in paragraph (a) of this section if the bottler or importer can prove good cause. The bottler or importer shall make written application to the Director, and may include diagrams or photographs which demonstrate why the bottles cannot be packed with the prescribed number per case. The bottler or importer may not introduce wine in nonstandard cases into interstate or foreign commerce or remove the wine from customs custody until the Director approves the application.

[T.D. ATF-49, Ref. No. 310, 43 FR 19849, May 9, 1978]

Subpart G-Requirements for Approval of Labels of Domestically Bottled Distilled Spirits

5.55 Certificates of label approval. 5.56 Certificates of age and origin.

Subpart H-Advertising of Distilled Spirits

5.61 Application.

5.62 Definition.

5.63 Mandatory statements.

5.64 Lettering.

5.65 Prohibited statements.

AUTHORITY: 49 Stat. 981, as amended; 27 U.S.C. 205, unless otherwise noted.

SOURCE: T.D. 7020, 34 FR 20837, Dec. 30, 1969, unless otherwise noted.

Subpart A-Scope

§ 5.1 General.

The regulations in this part relate to the labeling and advertising of distilled spirits. This part applies to the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, but does not apply to distilled spirits for export.

§ 5.2 Related regulations.

Regulations relating to this part are listed below:

27 CFR Part 1-Basic Permit Requirements under the Federal Alcohol Administration Act.

27 CFR Part 2-Nonindustrial Use of Distilled Spirits and Wine.

27 CFR Part 3-Bulk Sales and Bottling of Distilled Spirits.

27 CFR Part 4-Labeling and Advertising of Wine.

27 CFR Part 7-Labeling and Advertising of Malt Beverages.

27 CFR Part 173-Returns of Substances, Articles or Containers.

27 CFR Part 200-Rules of Practice in Permit Proceedings.

27 CFR Part 201-Distilled Spirits Plants. 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.

Subpart B-Definitions

§ 5.11 Meaning of terms.

When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meaning ascribed in this section. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the same meaning assigned to it by such Act.

Act. The Federal Alcohol Administration Act.

Age. The period during which, after distillation and before bottling, distilled spirits have been stored in oak containers. "Age" for bourbon whisky, rye whisky, wheat whisky, malt whisky, or rye malt whisky, and straight whiskies other than straight corn whisky, means the period the whisky has been stored in charred new oak containers.

Assistant regional commissioner. Wherever used in this part shall mean a regional regulatory administrator as defined in this section.

Bottle. Any container, irrespective of the material from which made, used for the sale of distilled spirits at retail. Brand label. The principal display panel that is most likely to be dis

played, presented, shown, or examined under normal and customary conditions of display for retail sale, and any other label appearing on the same side of the bottle as the principal display panel. The principal display panel appearing on a cylindrical surface is that 40 percent of the circumference which is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

Director. The Director, the Department of the Treasury, Washington, D.C.

Distilled spirits. 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, except that this term shall not include mixtures containing wine, botted at 48° 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.