percent of which was grown in the labeled appellation of origin area.

(c) Exceptions. (1) Wine made from any Vitis Labrusca variety (exclusive of hybrids with Labrusca parentage) may be labeled with the varietal name if:

(i) Not less than 51 percent of the wine is derived from grapes of that variety; (ii) the statement "contains not less than 51 percent (name of variety)" is shown on the brand label, back label or a separate strip label (except that this statement need not appear if 75 percent or more of the wine is derived from grapes of the named variety); and (iii) the entire qualifying percentage of the named variety was grown in the labeled appellation of origin area.

(2) Wine made from any variety of any species found by the Director upon appropriate application to be too strongly flavored at 75 percent minimum varietal content may be labeled with the varietal name if:

(i) Not less than 51 percent of the wine is derived from grapes of that variety; (ii) the statement "contains not less than 51 percent (name of variety)" is shown on the brand label, back label or a separate strip label (except that this statement need not appear if 75 percent or more of the wine is derived from grapes of the named variety); and (iii) the entire qualifying percentage of the named variety was grown in the labeled appellation of origin area.

(d) Two or three varieties. The names of two or three grape varieties may be used as the type designation if:

(1) All of the grapes used to make the wine are of the labeled varieties; (2) the percentage of the wine derived from each variety is shown on the label (with a tolerance of plus or minus 2 percent); (3) if labeled with a multicounty appellation, the percentage of the wine derived from each variety from each county is shown on the label; and (4) if labeled with a multistate appellation, the percentage of the wine derived from each variety from each state is shown on the label.

(27 U.S.C. 205; 22 U.S.C. 2778; 26 U.S.C. 7602; 5 U.S.C. 301)

[T.D. ATF-53, 43 FR 37675, Aug. 23, 19 amended by T.D. ATF-201, 50 FR Mar. 29, 1985]

§ 4.24 Generic, semi-generic, and no neric designations of geographic nificance.

(a)(1) A name of geographic sig cance which is also the designatio a class or type of wine, shal deemed to have become generic or so found by the Director.

(2) Examples of generic names, d nally having geographic significa which are designations for a clas type of wine are: Vermouth, Sake.

(b)(1) A name of geographic sig cance, which is also the designatio a class or type of wine, shall deemed to have become semi-ger only if so found by the Director. S generic designations may be use designate wines of an origin o than that indicated by such name if there appears in direct conjunc therewith an appropriate appella of origin disclosing the true plac origin of the wine, and if the win designated conforms to the stand of identity, if any, for such wine tained in the regulations in this or, if there be no such standard, to trade understanding of such clas type.

(2) Examples of semi-generic na which are also type designations grape wines are Angelica, Burgu Claret, Chablis, Champagne, Chi Malaga, Marsala, Madeira, Mos Port, Rhine Wine (syn. Hock), terne, Haut Sauterne, Sherry, Tok

(c)(1) A name of geographic sig cance, which has not been foun the Director to be generic or sem neric may be used only to desig wines of the origin indicated by: name, but such name shall no deemed to be the distinctive desi tion of a wine unless the Dire finds that it is known to the consu and to the trade as the designatio a specific wine of a particular plac region, distinguishable from all wines.

(2) Examples of non-generic na which are not distinctive designa of specific wines are: American, fornia, Lake Erie Islands, Napa Va New York State, French, Spanish.

53-087 0-85--2

(3) Examples of non-generic names which are also distinctive designations of specific grape wines are: Bordeaux Blanc, Bordeaux Rouge, Graves, Medoc, St. Julien, Chateau Yquem, Chateau Margaux, Chateau Lafite, Pommard, Chambertin, Montrachet, Rhone, Liebfraumilch, Rudesheimer, Forster, Deidesheimer, Schloss Johannisberger, Lagrima, Lacryma Christi.

(4) Examples of names, not generic or semi-generic, which are distinctive designations of specific natural table wines, when qualified by the word "wine," or its French or German equivalent: Bordeaux, Medoc, St. Julien, Margaux, Graves Barsac, Pomerol, St. Emilion; Bourgogne, Grand Chablis or Bourgogne des Environs de Chablis, Cote de Nuits, Gevrey-Chambertin, Morey, Chambolle-Musigny, Flagey-Echezeaux, Vosne-Romanee, Nuits or Nuits-St. Georges, Cote de Beaune, Aloxe-Corton, Savigny, Beaune, Pommard, Volnay, Santenay, Meursault, Puligny-Montrachet, Chassagne-Montrachet, Cote Maconnaise or Maconnais, Macon, Cote Beaujolaise, Beaujolais, Rhone or Cote du Rhone, Cote Rotie, Hermitage, Chateauneuf-du-Pape, Tavel; Loire, Anjou, Coteaux du Layon, Coteaux re la Loise, Saumur, Anjou-Saumur, Touraine, Vouvray; Alsace or Alsation; Mosel-Saar-Ruwer, Mosel; Swiss or

Suisse.

§ 4.25 Appellations of origin.

(a) A wine shall be entitled to an appellation of origin if (1) at least 75 percent of its volume is derived from fruit or agricultural products grown in the place or region indicated by such appellation, (2) it has been fully manufactured and finished within the State in which such place or region is located, and (3) it conforms to the requirements of the laws and regulations of such place or region governing the composition, method of manufacture, and designation of wines for home consumption.

(b) Wines subjected to cellar treatment outside the place or region of origin under the provisions of § 4.22(c), and blends of wines of the same origin blended together outside the place or region of origin (if all the wines in the blend have a common class, type or

other designation which is employed as the designation of the blend) shall be entitled to the same appellation of origin to which they would be entitled if such cellar treatment or blending took place within the place or region of origin.

(c) This section does not apply after December 31, 1982.

(27 U.S.C. 205; 22 U.S.C. 2778; 26 U.S.C. 7602; 5 U.S.C. 301)

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 7185, 37 FR 7976, Apr. 22. 1972; T.D. ATF-201, 50 FR 12533, Mar. 29, 1985]

§ 4.25a Appellations of origin.

no

(a) Definition-(1) American wine. An American appellation of origin is: (i) The United States; (ii) a State; (iii) two or more than three States which are all contiguous; (iv) a county (which must be identified with the word "county", in the same size of type, and in letters as conspicuous as the name of the county); (v) two or no more than three counties in the same States; of (vi) a viticultural area (as defined in paragraph (e) of this section).

(2) Imported wine. An appellation of origin for imported wine is: (i) A country, (ii) a state, province, territory, or similar political subdivision of a country equivalent to a state or county; or (iii) a viticultural area.

Qualification—(1)

(b) American wine. An American wine is entitled to an appellation of origin other than a multicounty or multistate appellation, or a viticultural area, if:

(i) At least 75 percent of the wine is derived from fruit or agricultural products grown in the appellation area indicated; (ii) it has been fully finished (except for cellar treatment pursuant to § 4.22(c), and blending which does not result in an alteration of class or type under § 4.22(b)) in the United States, if labeled "American"; or, if labeled with a State appellation, within the labeled State or an adjacent State; or if labeled with a county appellation, within the State in which the labeled county is located; and (iii) it conforms to the laws and regulations of the named appellation area governing the composition, method of manufacture,

and designation of wines made in such place.

(2) Imported wine. An imported wine is entitled to an appellation of origin other than a viticultural area if:

(i) At least 75 percent of the wine is derived from fruit or agricultural products grown in the area indicated by the appellation of origin; and (ii) The wine conforms to the requirements of the foreign laws and regulations governing the composition, method of production, and designation of wines available for consumption within the country of origin.

(c) Multicounty appellations. An appellation of origin comprising two or no more than three counties in the same State may be used if all of the grapes were grown in the counties indicated, and the percentage of the wine derived from grapes grown in each county is shown on the label, with a tolerance of plus or minus 2 percent.

(d) Multistate appellation. An appelation of origin comprising two or no more than three States which are all contiguous may be used, if:

(1) All of the grapes were grown in the States indicated, and the percentage of the wine derived from grapes grown in each State is shown on the label, with a tolerance of plus or minus 2 percent; (2) it has been fully finished (except for cellar treatment pursuant to § 4.22(c), and blending which does not result in an alteration of class or type under § 4.22(b)) in one of the labeled appellation States; (3) it conforms to the laws and regulations governing the composition, method of manufacture, and designation of wines in all the States listed in the appellation.

(e) Viticultural area—(1) Definition. (i) American wine. A delimited grape growing region distinguishable by geographical features, the boundaries of which have been recognized and defined in Part 9 of this chapter.

(ii) Imported wine. A delimited place or region (other than an appellation defined in paragraph (a)(2) (i) or (a)(2)(ii)) the boundaries of which have been recognized and defined by the country of origin for use on labels of wine available for consumption within the country of origin.

(2) Establishment of American cultural areas. Petitions for esta ment of American viticultural may be made to the director by a terested party, pursuant to the sions of § 71.41(c) of this title. Th tition may be in the form of a 1 and should contain the followin formation:

(i) Evidence that the name of t ticultural area is locally and/o tionally known as referring to the specified in the application; (ii) h ical or current evidence that boundaries of the viticultural are as specified in the application; (iii dence relating to the geographica tures (climate, soil, elevation, phy features, etc.) which distinguish viticultural features of the prop area from surrounding areas; (iv specific boundaries of the viticul area, based on features which ca found on U.S. Geological Su (U.S.G.S.) maps of the largest app ble scale; and (v) a copy of the ap priate U.S.G.S. map(s) with boundaries prominently marked. U.S.G.S. maps west of the Missis River, if the map name is known, the U.S. Geological Survey, Bran Distribution, Box 25286, Fe Center, Denver, Colorado 80225 U.S.G.S. maps east of the Missis River, if the map name is known, the U.S. Geological Survey, Bran Distribution, 1200 South Eads St Arlington, Virginia 22202; if the name is not known, request a index by State from the U.S. Ged cal Survey at the Arlington, Virg address.)

(3) Requirements for Use. A may be labeled with a viticultural appellation if:

(i) The appellation has been proved under Part 9 of this title the appropriate foreign governme

(ii) Not less than 85 percent of wine is derived from grapes g within the boundaries of the vi tural area;

(iii) In the case of foreign wir conforms to the requirements of foreign laws and regulations gove the composition, method of pr tion, and designation of wines able for consumption within the try of origin;

(iv) In the case of American wine, it has been fully finished within the State, or one of the States, within which the labeled viticultural area is located (except for cellar treatment pursuant to §4.22(c), and blending which does not result in an alteration of class and type under §4.22(b)); and (v) It conforms to the laws and regulations of all the States contained in the viticultural area.

(4) Overlap viticultural area appellations. An appellation of origin comprised of more than one viticultural area may be used in the case of overlapping viticultural areas if not less than 85 percent of the volume of the wine is derived from grapes grown in the overlapping area.

(27 U.S.C. 205; 22 U.S.C. 2778; 26 U.S.C. 7602; 5 U.S.C. 301)

[T.D. ATF-53, 43 FR 37675, Aug. 23, 1978, as amended by T.D. ATF-84, 46 FR 29261, June 1, 1981; T.D. ATF-92, 46 FR 46912, Sept. 23, 1981; T.D. ATF-195, 50 FR 763, Jan. 7, 1985; T.D. ATF-201, 50 FR 12533, Mar. 29, 1985]

§ 4.26 Estate bottled.

(a) Conditions for use. The term "Estate bottled" may be used by a bottling winery on a wine label only if the wine is labeled with a viticultural area appellation of origin and the bottling winery:

(1) Is located in the labeled viticultural area; (2) grew all of the grapes used to make the wine on land owned or controlled by the winery within the boundaries of the labeled viticultural area; (3) crushed the grapes, fermented the resulting must, and finished, aged, and bottled the wine in a continuous process (the wine at no time having left the premises of the bottling winery).

(b) Special rule for cooperatives. Grapes grown by members of a cooperative bottling winery are considered grown by the bottling winery.

(c) Definition of "Controlled". For purposes of this section, "Controlled by" refers to property on which the bottling winery has the legal right to perform, and does perform, all of the acts common to viticulture under the terms of a lease or similar agreement of at least 3 years duration.

(d) Use of other terms. No term other than "Estate bottled" may be used on a label to indicate combined growing and bottling conditions.

(27 U.S.C. 205; 22 U.S.C. 2778; 26 U.S.c. 7602; 5 U.S.C. 301)

[T.D. ATF-53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF-201, 50 FR 12533, Mar. 29, 1985]

§ 4.27 Vintage wine.

(a) General. Vintage wine is wine labeled with the year of harvest of the grapes and made in accordance with the standards prescribed in classes 1, 2, or 3 of § 4.21. At least 95 percent of the wine must have been derived from grapes harvested in the labeled calendar year, and the wine must be labeled with an appellation of origin other than a country (which does not qualify for vintage labeling). The appellation shall be shown in direct conjunction with the designation required by § 4.32(a)(2), in lettering substantially as conspicuous as that designation. In no event may the quantity of wine removed from the producing winery, under labels bearing a vintage date, exceed the volume of vintage wine produced in that winery during the year indicated by the vintage date.

(b) American wine. A permittee who produced and bottled or packed the wine, or a person other than the producer who repackaged the wine in containers of 5 liters (or 1-gallon before January 1, 1979) or less may show the year of vintage upon the label if the person possesses appropriate records from the producer substantiating the year of vintage and the appellation of origin; and if the wine is made in compliance with the provisions of paragraph (a) of this section.

(c) Imported wine. Imported wine may bear a vintage date if: (1) It is made in compliance with the provisions of paragraph (a) of this section; (2) it is bottled in containers of 5 liters (or 1-gallon before January 1, 1979) or less prior to importation, or bottled in the United States from the original container of the product (showing a vintage date); (3) if the invoice is accompanied by, or the American bottler possesses, a certificate issued by a duly authorized official of the country of

origin (if the country of origin authorizes the issuance of such certificates) certifying that the wine is of the vintage shown, that the laws of the country regulate the appearance of vintage dates upon the labels of wine produced for consumption within the country of origin, that the wine has been produced in conformity with those laws, and that the wine would be entitled to bear the vintage date if it had been sold within the country of origin.

[T.D. ATF-53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF-195, 50 FR 763, Jan. 7, 1985]

Subpart D-Labeling Requirements for Wine

§ 4.30 General.

(a) Application. No person engaged in business as a producer, rectifier, blender, importer, or wholesaler, 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 in containers unless such wine is packaged, and such packages are marked, branded, and labeled in conformity with this article. Wine domestically bottled or packed prior to Dec. 15, 1936, and imported wine entered in customs bond in containers prior to that date shall be regarded as being packaged, marked, branded and labeled in accordance with this article, if the labels on such wine (1) bear all the mandatory label information required by § 4.32, even though such information is not set forth in the manner and form as required by § 4.32 and other sections of this title referred to therein, and (2) bear no statements, designs, or devices which are false or misleading.

(b) Alteration of labels. (1) It shall be unlawful for any person to alter, mutilate, destroy, obliterate or remove any mark, brand, or label upon wine held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law, or except as provided in paragraph (b)(2) of this section: Provided, That the Regional director (compliance)

may, upon written application, p additional labeling or relabelin wine for purposes of compliance the requirements of this part State law.

(2) No application for permissi relabel wine need be made in any where there is added to the conta after removal from customs custo from the premises where bottle packed, a label identifying the w sale or retail distributor thereof containing no reference whatev the characteristics of the product.

CROSS REFERENCE: For customs houses and control of merchandise th see 19 CFR Part 19.

§ 4.32 Mandatory label information. (a) There shall be stated: on brand label:

(1) Brand name, in accordance § 4.33.

(2) Class, type, or other designa in accordance with § 4.34.

(3) Alcohol content, in accord with § 4.36.

(4) On blends consisting of Ame and foreign wines, if any referen made to the presence of foreign the exact percentage by volume.

(b) There shall be stated on label affixed to the container:

(1) Name and address, in accord with § 4.35.

(2) Net contents, in accordance § 4.37. If the net contents is a stan of fill other than an authorized m standard of fill as prescribed in § the net contents statement appear on a label affixed to the of the bottle.

(c) There shall be stated on brand label or on a back label as ment that the product contains F Yellow No. 5, where that coloring terial is used in a product bottle or after October 6, 1984.

[T.D. 6521, 25 FR 13835, Dec. 29, 19 amended by T.D. ATF-150, 48 FR 4 Oct. 6, 1983; T.D. ATF-195, 50 FR 763 7, 1985]

§ 4.33 Brand names.

(a) General. The product shall a brand name, except that if not under a brand name, then the nar the person required to appear or