[T.D. ATF-370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF-417, 64 FR 49388, Sept. 13. 1999; T.D. ATF-433, 65 FR 78096, Dec. 14, 2000] $4.92 Alternative names permitted for temporary use. The following alternative names shown in the left column may be used as the type designation for American wine in lieu of the prime name of the grape variety shown in the right column. Alternative names listed in the left column may only be used for wine bottled prior to the date indicated. (a) Wines bottled prior to January 1, 1997. Pfeffer Cabernet-Cabernet Pfeffer Seibel 128-Salvador Seibel 1000-Rosette Seibel 4986-Rayon d'Or Seibel 5279— Aurore Seibel 7053-Chancellor Seibel 8357-Colobel Seibel 9549-De Chaunac Seibel 10878-Chelois Seibel 13053-Cascade Seibel 14596-Bellandais Seyve-Villard 5-276-Seyval Seyve-Villard 12-309-Roucaneuf Seyve-Villard 12-375-Villard blanc Seyve-Villard 18-283-Garronet Seyve-Villard 18-315-Villard noir Verdelet blanc-Verdelet Walschriesling-Welsch Rizling (b) Wines bottled prior to January 1, 1999. Alternative Name/Prime Name Cabernet-Cabernet Sauvignon Grey Riesling-Trousseau gris Pinot Saint George-Négrette (c) Wines bottled prior to January 1, 2006. (4) That the variety is grown and used in the United States. (b) For the approval of names of new grape varieties, documentation submitted with the petition to establish the items in paragraph (a) of this section may include (1) reference to the publication of the name of the variety in a scientific or professional journal of horticulture or a published report by a professional, scientific or winegrowers' organization, (2) reference to a plant patent, if so patented, and (3) information pertaining to the commercial potential of the variety, such as the acreage planted and its location or market studies. (2) The name contains a term or name found to be misleading under §4.39; or (3) The name of a new grape variety contains the term "Riesling." (d) For new grape varieties developed in the United States, the Director may determine if the use of names which contain words of geographical significance, place names, or foreign words are misleading under §4.39. The Director will not approve the use of a grape variety name found to be misleading. (e) The Director shall publish the list of approved grape variety names at least annually in the FEDERAL REG Alcohol content. Net contents. Presence of neutral spirits and coloring, flavoring, and blending materials. 5.40 Statements of age and percentage. 5.51 5.52 Label approval and release. Certificates of age and origin. 5.53 Certificate of nonstandard fill. Subpart G-Requirements for Approval of Labels of Domestically Bottled Distilled Spirits 5.61 Application. 5.62 Definition. 5.63 Mandatory statements. 5.64 Legibility of mandatory information. 5.65 Prohibited practices. 5.66 Comparative advertising. AUTHORITY: 26 U.S.C. 5301, 7805, 27 U.S.C. 205. SOURCE: T.D. 7020, 34 FR 20337, Dec. 30, 1969, unless otherwise noted. EDITORIAL NOTE 1: For a document affecting part 5, see Editorial Note 1 appearing at the beginning of part 4. EDITORIAL NOTE 2: Nomenclature changes to part 5 appear by T.D. ATF-425, 65 FR 11891. Mar. 7, 2000. 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. 21 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 16-Alcoholic Beverage Health Warning Statement. 27 CFR Part 19-Distilled Spirits Plants. 27 CFR Part 200-Rules of Practice in Permit Proceedings. 27 CFR Part 250-Liquors and Articles from Puerto Rico and the Virgin Islands. CFR Part 251-Importation of Distilled Spirits. Wines and Beer. 7 CFR Part 252-Exportation of Liquors. 26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 49 Stat. 981, as amended) TD. 720. 34 FR 20637, Dec. 30. 1969, as amended by T.D. ATF-62, 44 FR 71620, Dec. 11, 1979; TD. ATF-114, 47 FR 43947, Oct. 5, 1982; 55 FR 5421. Feb. 14, 1990] $5.3 Forms prescribed. (a) The appropriate ATF officer is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, information called for in each form shall be furnished as required by this part. The form will be filed in accordance with the instructions for the form. (b) Forms may be requested from the ATF Distribution Center, PO Box 5950, Springfield, Virginia 22153-5190, or by accessing the ATF web site (http:// www.atf.treas.gov/). [T.D. ATF-92, 46 FR 46912, Sept. 23, 1981, as amended by T.D. ATF-249, 52 FR 5956, Feb. 27, 1987; T.D. 372, 61 FR 20723. May 8, 1996; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000] $5.4 Delegations of the Director. Most of the regulatory authorities of the Director contained in this part 5 are delegated to appropriate ATF officers. These ATF officers are specified in ATF Order 1130.2A, Delegation Order-Delegation of the Director's Authorities in 27 CFR parts 4, 5 and 7, Labeling and Advertising of Wine, Distilled Spirits and Malt Beverages. ATF delegation orders, such as ATF Order 1130.2A, are available to any interested person by mailing a request to the ATF Distribution Center, PO Box 5950, Springfield, Virginia 22150-5190, or by accessing the ATF web site (http:// www.atf.treas.gov/). [T.D. ATF-425, 65 FR 11891, Mar. 7, 2000] 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. Advertisement. See $5.62 for meaning of term as used in subpart H of this part. 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. |