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foreign commerce. Application for exemption shall be made on ATF Form 5100.31 in accordance with instructions on the form. If the application is approved, a certificate of exemption will be issued on the same form.
(c) Cross reference. For procedures regarding the issuance, denial, and revocation of certificates of label approval, and certificates of exemption from label approval, as well as appeal procedures, see part 13 of this chapter. [T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. ATF-344, 58 FR 40354, July 28, 1993; T.D. ATF 406, 64 FR 2128, Jan. 13. 1999; T.D. ATF425, 65 FR 11891, Mar. 7, 2000)
published or disseminated by radio or television broadcast, or in any newspaper, periodical, or any publication, by any sign or outdoor advertisement, or any other printed or graphic matter, any advertisement of wine, if such advertising is in, or is calculated to induce sale in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with $$ 4.60 4.65 of this part. Provided, that such sections shall not apply to outdoor advertising in place on September 7, 1984, but shall apply upon replacement, restoration, or renovation of any such advertising; and provided further, that such sections shall not apply to a retailer or the publisher of any newspaper, periodical, or other publication, or radio or television broadcast, unless such retailer or publisher or radio or television broadcaster is engaged in business as a producer, rectifier, blender, importer, or wholesaler of wine, directly or indirectly, or through an affiliate.
[T.D. ATF-180, 49 FR 31672, Aug. 8, 1984)
$ 4.51 Exhibiting certificates to Gov
ernment officials. Any bottler or packer holding an original or duplicate original of a certificate of label approval or a certificate of exemption shall, upon demand, exhibit such certificate to a duly authorized representative of the United States Government. $4.52 Photoprints.
Photoprints or other reproductions of certificates of label approval or certificates of exemption are not acceptable, for the purposes of $$ 4.50 through 4.52, as substitutes for an original or duplicate original of a certificate of label approval, or a certificate of exemption. The appropriate ATF officer will, upon the request of the bottler or packer, issue duplicate originals of certificates of label approval or of certificates of exemption if wine under the same brand is bottled or packed at more than one plant by the same person, and if the necessity for the duplicate originals is shown and there is listed with the appropriate ATF officer the name and address of the additional bottling or packing plant where the particular label is to be used.
$ 4.61 Definitions.
As used in $$ 4.60 through 4.65 of this part, the term advertisement includes any written or verbal statement, illustration, or depiction which is in, or calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, whether it appears in a newspaper, magazine, trade booklet, menu, wine card, leaflet, circular, mailer, book insert, catalog, promotional material, sales pamphlet, or any written, printed, graphic, or other matter accompanying the container, representations made on cases, billboard, sign, or othe outdoor display, public transit card, other periodical literature, publication, or in a radio or television broadcast, or in any other media; except that such term shall not include:
(a) Any label affixed to any container of wine, or any individual covering, carton, or other wrapper of such container which constitute a part of the labeling under provisions of $$ 4.30 4.39 of this part.
(b) Any editorial or other reading material (i.e., news release) in any periodical or publication or newspaper for the publication of which no money or
Subpart G–Advertising of Wine 84.60 Application.
No person engaged in the business as a producer, rectifier, blender, importer, or wholesaler of wine, directly or indirectly or through an affiliate, shall publish or disseminate or cause to be
valuable consideration is paid or prom
ised, directly or indirectly, by any perE mittee, and which is not written by or * at the direction of the permittee.
[T.D. ATF-180, 49 FR 31672, Aug. 8, 1984)
closer examination of the sign or billboard.
(c) Mandatory information shall be so stated as to be clearly a part of the advertisement and shall not be separated in any manner from the remainder of the advertisement.
(d) Mandatory information for two or more products shall not be stated unless clearly separated.
(e) Mandatory information shall be so stated in both the print and audiovisual media that it will be readily apparent to the persons viewing the advertisement.
[T.D. ATF-180, 49 FR 31672, Aug. 8, 1984)
$ 4.62 Mandatory statements.
(a) Responsible advertiser. The adver: tisement shall state the name and ad
dress of the permittee responsible for its publication or broadcast. Street number and name may be omitted in the address.
(b) Class, type, and distinctive designa: tion. The advertisement shall contain a
conspicuous statement of the class, type, distinctive designation to which the product belongs, responding with the statement of class, type, or distinctive designation which
is required to appear on the label of the e product,
(c) Erception. (1) If an advertisement refers to a general wine line or all of the wine products of one company, whether by the company name or by the brand name common to all the wine in the line, the only mandatory information necessary is the name and address of the responsible advertiser. This exception does not apply where only one type of wine is marketed under the specific brand name advertised.
(2) On consumer specialty items, the only information necessary is the company name or brand name of the product.
84.64 Prohibited practices.
(a) Restrictions. The advertisement of wine shall not contain:
(1) Any statement that is false or untrue in any material 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 falsity, which the appropriate ATF officer finds to be likely to mislead the consumer.
(5) Any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, which the appropriate ATF officer finds to be likely to mislead the consumer. Money-back guarantees are not prohibited.
(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
(T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-180, 49 FR 31672, Aug. 8, 1984)
$4.63 Legibility of mandatory informa
tion. (a) Statements required under $8 4.60 through 4.65 of this part to appear in any written, printed, or graphic advertisement shall be in lettering or type size sufficient to be conspicuous and readily legible.
(b) In the case of signs, billboards, w and displays the name and address of
the permittee responsible for the advertisement may appear in type size of lettering smaller than the other mandatory information, provided such information can be ascertained upon
with the name and address of the per-
No additional reference
(8) Any statement, design, device, or
(i) Contains distilled spirits; or
(ii) Is comparable to a distilled spirit;
(iii) Has intoxicating qualities.
(9) Any word in the brand name or
(b) Statements inconsistent with label-
(2) Any label depicted on a bottle in
(c) Statement of age. No statement of
(3) use of the word "old" as part of a
(d) Statement of bottling dates. The
(e) Statement of miscellaneous dates. No
(f) Flags, seals, coats of arms, crests,
(g) Statements indicative of origin. No
(b) Taste tests. (1) Taste test results
(2) The taste test procedure used
(3) A statement shall appear in the
(T.D. ATF-180, 49 FR 31673, Aug. 8, 1984)
Subpart H-Standards of Fill for
(h) Use of the word “importer" or simi-
(i) Curative and thereapeutic claims.
(1) Confusion of brands. Two or more
(k) Deceptive advertising techniques.
$ 4.70 Application.
(a) Except as provided in paragraph
(b) Sections 4.70 through 4.73 do not
(2) Wine packed in containers of 18 li-
(3) Imported wine in the original con-
(4) Wine domestically bottled or
(T.D. 6521. 25 FR 13843. Dec. 29, 1960, as
$4.65 Comparative advertising.
(a) General. Comparative adverstising
(c) This section does not apply after December 31, 1978.
(c) Section 4.73 does 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, 43 FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981)
(T.D. ATF-12, 39 FR 45223, Dec. 31, 1974. as amended by T.D. ATF-76, 46 FR 1727, Jan. 7. 1981)
$ 4.73 Metric standards of fill.
(a) Authorized standards of fill. The standards of fill for wine are the following: 3 liters.
375 milliliters. 1.5 liters.
187 milliliters 1 liter
100 milliliters. 750 milliliters.
50 milliliters. 500 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.
$ 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 45223, Dec. 31, 1974, as amended by T.D. ATF-49, 43 FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981, T.D. ATF-303, 55 FR 42713, Oct. 23, 1990)
Subpart 1-General Provisions
$ 4.80 Exports.
The regulations in this part shall not apply to wine exported in bond.
Subpart J-American Grape