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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)

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$ 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-
son operating such winery or store-
room. 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 accord-
ance with Government specifications
or standards.

(8) Any statement, design, device, or
representation which relates to alcohol
content or which tends to create the
impression that a wine:

(i) Contains distilled spirits; or

(ii) Is comparable to a distilled spirit;
or

(iii) Has intoxicating qualities.
However, if a statement of composition
is required to appear as the designation
of a product not defined in these regu-
lations, such statement of composition
may include a reference to the type of
distilled spirits contained therein. Fur-
ther, an approved wine label, which
bears the statement of alcohol content
may be depicted in any advertising
media, or an actual wine bottle show-
ing the approved label bearing the
statement of alcoholic content may be
displayed in any advertising media.

(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 cus-
tomarily made with a distilled spirits
base.

(b) Statements inconsistent with label-
ing. (1) Advertisements shall not con-
tain any statement concerning a brand
or lot of wine that is inconsistent with
any statement on the labeling thereof.

(2) Any label depicted on a bottle in
an advertisement shall be a reproduc-
tion of an approved label.

(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, ex-
cept (1) for vintage wine, in accordance
with the provisions of $ 4.27; (2) ref-
erences 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 ap-
pears without undue emphasis in the
following form: “Bottled in

(in-
serting 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 bot-
tling date, shall be stated unless, in ad-
dition thereto, and in direct conjunc-
tion 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 per-
son 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 con-
strued as relating to, the armed forces
of the United States, or of the Amer-
ican flag, or of any emblem, seal, insig-
nia, or decoration associated with such
flag or armed forces; nor shall any ad-
vertisement contain any statement, de-
vice, 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 govern-
ment, organization, family, or indi-
vidual with whom such flag, seal, coat
of arms, crests, or insignia is associ-
ated.

(g) Statements indicative of origin. No
statement, design, device, or represen-
tation which tends to create the im-
pression that the wine originated in a
particular place or region, shall appear
in any advertisement unless the label
of the advertised product bears an ap-
pellation of origin, and such appella-
tion of origin appears in the advertise-
ment in direct conjunction with the
class and type designation.

(b) Taste tests. (1) Taste test results
may be used in advertisements com-
paring competitors' products unless
they are disparaging, deceptive, or
likely to mislead the consumer.

(2) The taste test procedure used
shall meet scientifically accepted pro-
cedures. An example of a scientifically
accepted procedure is outlined in the
Manual on Sensory Testing Methods,
ASTM Special Technical Publication
434, published by the American Society
for Testing and Materials, 1916 Race
Street, Philadelphia, Pennsylvania
19103, ASTM, 1968, Library of Congress
Catalog Card Number 68–15545.

(3) A statement shall appear in the
advertisement providing the name and
address of the testing administrator.

(T.D. ATF-180, 49 FR 31673, Aug. 8, 1984)

Subpart H-Standards of Fill for

Wine

(h) Use of the word importer" or simi-
lar words. The word importer or similar
words shall not appear in advertise-
ments 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 impres-
sion 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 thereapeutic claims.
Advertisements shall not contain any
statement, design, representation, pic-
torial representation, or device rep-
resenting that the use of wine has cu-
rative or therapeutic effects if such
statement is untrue in any particular
or tends to create a misleading impres-
sion.

(1) 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, print-
ed, or graphic matter) if the advertise-
ment tends to create the impression
that representations made as to one
brand or lot apply to the other or oth-
ers, and if as to such latter the rep-
resentations contravene any provision
of $8 4.60 through 4.64 or are in any re-
spect untrue.

(k) Deceptive advertising techniques.
Subliminal or similar techniques are
prohibited. “Subliminal similar
techniques," as used in this part, refers
to any device or technique that is used
to convey, or attempts to convey, a
message to a person by means of im-
ages or sounds of a very brief nature
that cannot be perceived at a normal
level of awareness.

or

$ 4.70 Application.

(a) Except as provided in paragraph
(b) of this section, no person engaged in
business as a producer, rectifier, blend-
er, importer, or wholesaler of wine, di-
rectly or indirectly or through an affil-
iate, shall sell or ship or deliver for
sale or shipment, or otherwise intro-
duce in interstate or foreign com-
merce, or receive therein, or remove
from customs custody, any wine unless
such wine is bottled or packed in the
standard wine containers herein pre-
scribed.

(b) Sections 4.70 through 4.73 do not
apply to:

(1) Sake;

(2) Wine packed in containers of 18 li-
ters or more;

(3) Imported wine in the original con-
tainers in which entered customs cus-
tody if the wine was bottled or packed
before January 1, 1979; or

(4) Wine domestically bottled or
packed, either in or out of customs cus-
tody, before October 24, 1943, if the con-
tainer, 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 con-
ditions of purchase or use.

(T.D. 6521. 25 FR 13843. Dec. 29, 1960, as
amended by T.D. 6976, 33 FR 15025, Oct. 8.
1998; T.D. ATF-53. 43 FR 37678. Aug. 23, 1978;
T.D. ATF-180, 49 FR 31672, Aug. 8, 1984)

$4.65 Comparative advertising.

(a) General. Comparative adverstising
shall not be disparaging of a competi-
tor's product.

(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

Variety Names

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