Area supervisor. The supervisory officer of the Bureau of Alcohol, Tobacco and Firearms area office.

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 displayed, 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, Bureau of Alcohol, Tobacco and Firearms, 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. The term "distilled spirits" shall not include mixtures containing wine, bottled at 48 degrees of proof or less, if the mixture contains more than 50 percent wine on a proof gallon basis. Such mixtures shall be subject to the formula requirements of this part and the labeling, advertising and standards of fill requirements in 27 CFR Part 4.

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 basic permit under the Federal Al hol Administration Act.

Person. Any individual, partnersh joint stock company, business tru association, corporation, or other fo of business enterprise, including a ceiver, trustee, or liquidating age and including an officer or employ of any agency of a State or politi subdivision thereof; and the te "trade buyer" means any person w is a wholesaler or retailer.

Produced at. As used in §§ 5.22 a 5.52 in conjunction with specific grees of proof to describe the sta ards of identity, means the compos proof of the spirits after completion distillation and before reduction proof.

Proof gallon. A gallon of liquid at F. which contains 50 percent volume of ethyl alcohol having a s cific gravity of 0.7939 at 60° F. refer to water at 60° F. as unity, or the al holic equivalent thereof.

Season. The period from January through June 30, is the spring seas and the period from July 1 throu December 31 is the fall season.

United States. The several Sta and Territories and the District of lumbia; the term "State" includes Territory and the District of Colu bia; and the term "Territory" mea the Commonwealth of Puerto Rico. (26 U.S.C. 7805 (68 Stat. 917, as amended U.S.C. 205 (49 Stat. 981, as amended))) [T.D. ATF-48, 43 FR 13533, Mar. 31, 19 44 FR 55839, Sept. 28, 1979, as amended T.D. ATF-62, 44 FR 71620, Dec. 11, 19 T.D. ATF-66, 45 FR 40547, June 13, 19 T.D. ATF-94, 46 FR 55096, Nov. 6, 19 T.D. ATF-198, 50 FR 8463, Mar. 1, 1985]

EFFECTIVE DATE NOTE: At 50 FR 8463, M 1, 1985, § 5.11 was amended by revising definition of "Distilled spirits", effec June 1, 1985. For the convenience of user the superseded text is set forth bel § 5.11 Meaning of terms.

Distilled spirits. Ethyl alcohol, hydra oxide of ethyl, spirits of wine, whisky, r brandy, gin, and other distilled spirits,

cluding all dilutions and mixtures thereof, for nonindustrial use.

Subpart C-Standards of Identity for Distilled Spirits

§ 5.21 Application of standards.

The standards of identity for the several classes and types of distilled spirits set forth in this part shall be applicable only to distilled spirits for beverage or other nonindustrial purposes.

§ 5.22 The standards of identity.

Standards of identity for the several classes and types of distilled spirits set forth in this section shall be as follows (see also § 5.35, class and type):

(a) Class 1; neutral spirits or alcohol. "Neutral spirits" or "alcohol" are distilled spirits produced from any material at or above 190° proof, and, if bottled, bottled at not less than 80° proof.

(1) "Vodka” is neutral spirits so distilled, or so treated after distillation with charcoal or other materials, as to be without distinctive character, aroma, taste, or color.

(2) "Grain spirits" are neutral spirits distilled from a fermented mash of grain and stored in oak containers.

(b) Class 2; whisky. “Whisky" is an alcoholic distillate from a fermented mash of grain produced at less than 190° proof in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to whisky, stored in oak containers (except that corn whisky need not be so stored), and bottled at not less than 80° proof, and also includes mixtures of such distillates for which no specific standards of identity are prescribed.

(1) (i) "Bourbon whisky", "rye whisky", "wheat whisky", "malt whisky", or "rye malt whisky" is whisky produced at not exceeding 160° proof from a fermented mash of not less than 51 percent corn, rye, wheat, malted barley, or malted rye grain, respectively, and stored at not more than 125° proof in charred new oak containers; and also includes mixtures of such whiskies of the same type.

(ii) "Corn whisky" is whisky produced at not exceeding 160° proof from a fermented mash of not less than 80 percent corn grain, and if stored in oak containers stored at not more than 125° proof in used or uncharred new oak containers and not subjected in any manner to treatment with charred wood; and also includes mixtures of such whisky.

(iii) Whiskies conforming to the standards prescribed in paragraphs (b)(1)(i) and (ii) of this section, which have been stored in the type of oak containers prescribed, for a period of 2 years or more shall be further designated as "straight"; for example, "straight bourbon whisky", "straight corn whisky", and whisky conforming to the standards prescribed in paragraph (b)(1)(i) of this section, except that it was produced from a fermented mash of less than 51 percent of any one type of grain, and stored for a period of 2 years or more in charred new oak containers shall be designated merely as "straight whisky". No other whiskies may be designated "straight". "Straight whisky" includes mixtures of straight whiskies of the same type produced by the same proprietor at the same distillery all of which are not less than four years old.

(2) "Whisky distilled from bourbon (rye, wheat, malt, or rye malt) mash" is whisky produced in the United States at not exceeding 160° proof from a fermented mash of not less than 51 percent corn, rye, wheat, malted barley, or malted rye grain, respectively, and stored in used oak containers; and also includes mixtures of such whiskies of the same type. Whisky conforming to the standard of identity for corn whisky must be designated corn whisky.

(3) "Light whisky" is whisky produced in the United States at more than 160° proof, on or after January 26, 1968, and stored in used or uncharred new oak containers; and also includes mixtures of such whiskies. If "light whisky" is mixed with less than 20 percent of straight whisky on a proof gallon basis, the mixture shall be designated "blended light whisky” (light whisky-a blend).

(4) "Blended whisky" (whisky-a blend) is a mixture which contains at

least 20 percent of straight whisky on a proof gallon basis and, separately or in combination, whisky or neutral spirits. A blended whisky containing not less than 51 percent on a proof gallon basis of one of the types of straight whisky shall be further designated by that specific type of straight whisky; for example, "blended rye whisky" (rye whisky—a blend).

(5) "A blend of straight whiskies" (blended straight whiskies) is a mixture of straight whiskies. A blend of straight whiskies consisting entirely of one of the types of straight whisky, and not conforming to the standard for "straight whisky”, shall be further designated by that specific type of straight whisky; for example, "a blend of straight rye whiskies" (blended straight rye whiskies).

(6) "Spirit whisky” is a mixture of neutral spirits and not less than 5 percent on a proof gallon basis of whisky, or straight whisky, or straight whisky and whisky, if the straight whisky component is less than 20 percent on a proof gallon basis.

(7) "Scotch whisky" is whisky which is a distinctive product of Scotland, manufactured in Scotland in compliance with the laws of the United Kingdom regulating the manufacture of Scotch whisky for consumption in the United Kingdom: Provided, That if such product is a mixture of whiskies, such mixture is "blended Scotch whisky" (Scotch whisky-a blend).

(8) "Irish whisky" is whisky which is a distinctive product of Ireland, manufactured either in the Republic of Ireland or in Northern Ireland, in compliance with their laws regulating the manufacture of Irish whisky for home consumption: Provided, That if such product is a mixture of whiskies, such mixture is "blended Irish whisky" (Irish whisky-a blend).

(9) "Canadian whisky" is whisky which is a distinctive product of Canada, manufactured in Canada in compliance with the laws of Canada regulating the manufacture of Canadian whisky for consumption in Canada: Provided, That if such product is a mixture of whiskies, such mixture is "blended Canadian whisky” (Canadian whisky-a blend).

(c) Class 3; gin. "Gin" is a pro obtained by original distillation f mash, or by redistillation of disti spirits, or by mixing neutral spi with or over juniper berries and ot aromatics, or with or over extracts rived from infusions, percolations, maceration of such materials, and cludes mixtures of gin and neut spirits. It shall derive its main char teristic flavor from juniper berries a be bottled at not less than 80° pro Gin produced exclusively by origin distillation or by redistillation may further designated as "distilled". "D gin" (London dry gin), "Geneva gi (Hollands gin), and "Old Tom gi (Tom gin) are types of gin know under such designations.

(d) Class 4; brandy. "Brandy" is a alcoholic distillate from the fermente juice, mash, or wine of fruit, or fro the residue thereof, produced at les than 190° proof in such manner tha the distillate possesses the tast aroma, and characteristics generall attributed to the product, and bottle at not less than 80° proof. Brandy, o mixtures thereof, not conforming t any of the standards in paragraph (d)(1) through (8) of this section sha be designated as "brandy", and suc designation shall be immediately fo lowed by a truthful and adequat statement of composition.

(1) "Fruit brandy" is brandy distille solely from the fermented juice o mash of whole, sound, ripe fruit, d from standard grape, citrus, or othe fruit wine, with or without the add tion of not more than 20 percent b weight of the pomace of such juice o wine, or 30 percent by volume of th lees of such wine, or both (calculate prior to the addition of water to facil tate fermentation or distillation Fruit brandy shall include mixtures such brandy with not more than 3 percent (calculated on a proof gallo basis) of lees brandy. Fruit brandy, d rived from grapes, shall be designate as "grape brandy” or “brandy", excep that in the case of brandy (other tha neutral brandy, pomace brandy, mai brandy or grappa brandy) distille from the fermented juice, mash, wine of grapes, or the residue thereo which has been stored in oak contai ers for less than 2 years, the statemer

of class and type shall be immediately preceded, in the same size and kind of type, by the word "immature". Fruit brandy, other than grape brandy, derived from one variety of fruit, shall be designated by the word "brandy" qualified by the name of such fruit (for example, "peach brandy"), except that "apple brandy" may be designated "applejack". Fruit brandy derived from more than one variety of fruit shall be designated as "fruit brandy" qualified by a truthful and adequate statement of composition.

(2) "Cognac", or "Cognac (grape) brandy", is grape brandy distilled in the Cognac region of France, which is entitled to be so designated by the laws and regulations of the French Government.

(3) "Dried fruit brandy" is brandy that conforms to the standard for fruit brandy except that it has been derived from sound, dried fruit, or from the standard wine of such fruit. Brandy derived from raisins, or from raisin wine, shall be designated as "raisin brandy". Other brandies shall be designated in the same manner as fruit brandy from the corresponding variety or varieties of fruit except that the name of the fruit shall be qualified by the word "dried".

(4) "Lees brandy" is brandy distilled from the lees of standard grape, citrus, or other fruit wine, and shall be designated as "lees brandy", qualified by the name of the fruit from which such lees are derived.

(5) "Pomace brandy", or "marc brandy", is brandy distilled from the skin and pulp of sound, ripe grapes, citrus or other fruit, after the withdrawal of the juice or wine therefrom, and shall be designated as "pomace brandy", or "marc brandy", qualified by the name of the fruit from which derived. Grape pomace brandy may be designated as "grappa" or "grappa brandy".

(6) "Residue brandy" is brandy distilled wholly or in part from the fermented residue of fruit or wine, and shall be designated as "residue brandy" qualified by the name of the fruit from which derived. Brandy distilled wholly or in part from residue materials which conforms to any of the standards set forth in paragraphs

(d)(1), (3), (4), and (5) of this section may, regardless of such fact, be designated "residue brandy", but the use of such designation shall be conclusive, precluding any later change of designation.

(7) "Neutral brandy" is brandy produced at more than 170° proof and shall be designated in accordance with the standards in this paragraph, except that the designation shall be qualified by the word "neutral"; for example, "neutral citrus residue brandy".

(8) "Substandard brandy" shall bear as a part of its designation the word "substandard", and shall include:

(i) Any brandy distilled from fermented juice, mash, or wine having a volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, in excess of 0.20 gram per 100 cubic centimeters (20° C.); measurements of volatile acidity shall be calculated exclusive of water added to facilitate distillation.

(ii) Any brandy which has been distilled from unsound, moldy, diseased, or decomposed juice, mash, wine, lees, pomace, or residue, or which shows in the finished product any taste, aroma, or characteristic associated with products distilled from such material.

(e) Class 5; blended applejack. "Blended applejack" (applejack-a blend) is a mixture which contains at least 20 percent of apple brandy (applejack) on a proof gallon basis, stored in oak containers for not less than 2 years, and not more than 80 percent of neutral spirits on a proof gallon basis if such mixture at the time of bottling is not less than 80° proof.

(f) Class 6; rum. "Rum" is an alcoholic distillate from the fermented juice of sugar cane, sugar cane syrup, sugar cane molasses, or other sugar cane by-products, produced at less than 190° proof in such manner that the distillate possesses the taste, aroma and characteristics generally attributed to rum, and bottled at not less than 80° proof; and also includes mixtures solely of such distillates.

(g) Class 7; Tequila. “Tequila" is an alcoholic distillate from a fermented mash derived principally from the Agave Tequilana Weber (“blue” variety), with or without additional fer

mentable substances, distilled in such a manner that the distillate possesses the taste, aroma, and characteristics generally attributed to Tequila and bottled at not less than 80° proof, and also includes mixtures solely of such distillates. Tequila is a distinctive product of Mexico, manufactured in Mexico in compliance with the laws of Mexico regulating the manufacture of Tequila for consumption in that country.

(h) Class 8; cordials and liqueurs. Cordials and liqueurs are products obtained by mixing or redistilling distilled spirits with or over fruits, flowers, plants, or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolation, or maceration of such materials, and containing sugar, dextrose, or levulose, or a combination thereof, in an amount not less than 22 percent by weight of the finished product.

(1) "Sloe gin" is a cordial or liqueur with the main characteristic flavor derived from sloe berries.

(2) "Rye liqueur", "bourbon liqueur" (rye, bourbon cordial) are liqueurs, bottled at not less than 60° proof, in which not less than 51 percent, on a proof gallon basis, of the distilled spirits used are, respectively, rye or bourbon whisky, straight rye or straight bourbon whisky, or whisky distilled from a rye or bourbon mash, and which possess a predominant characteristic rye or bourbon flavor derived from such whisky. Wine, if used, must be within the 21⁄2 percent limitation provided in § 5.23 for coloring, flavoring, and blending materials.

(3) "Rock and rye", "rock and bourbon", "rock and brandy", "rock and rum" are liqueurs, bottled at not less than 48° proof, in which, in the case of rock and rye and rock and bourbon, not less than 51 percent, on a proof gallon basis, of the distilled spirits used are, respectively, rye or bourbon whisky, straight rye or straight bourbon whisky, or whisky distilled from a rye or bourbon mash, and, in the case of rock and brandy and rock and rum, the distilled spirits used are all grape brandy or rum, respectively; containing rock candy or sugar syrup, with or without the addition of fruit, fruit

juices, or other natural flavoring n terials, and possessing, respectively predominant characteristic rye, bo bon, brandy, or rum flavor deriv from the distilled spirits used. Wine used, must be within the 22 perce limitation provided in § 5.23 for har less coloring, flavoring, and blendi materials.

bran

(4) "Rum liqueur," "gin liqueu "brandy liqueur," are liqueurs, bott) at not less than 60 proof, in which t distilled spirits used are entirely ru gin, or brandy, respectively, and whi possess, respectively, a predomina characteristic rum, gin, or flavor derived from the distilled spir used. In the case of brandy lique the type of brandy must be stated accordance with § 5.22(d), except th liqueurs made entirely with gra brandy may be designated simply "brandy liqueur." Wine, if used, m be within the 21⁄2 percent limitati provided for in § 5.23 for harml coloring, flavoring, and blending ma rials.

(5) The designation of a cordial or queur may include the word "dry" the sugar, dextrose, or levulose, o combination thereof, are less than percent by weight of the finish product.

(6) Cordials and liqueurs shall not designated as "distilled" or "co pound".

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(i) Class 9; flavored brandy, flavo gin, flavored rum, flavored vodka, a flavored whisky. "Flavored brand "flavored gin," "flavored rum," vored vodka," and "flavored whisk are brandy, gin, rum, vodka, a whisky, respectively, to which ha been added natural flavoring mate als, with or without the addition sugar, and bottled at not less than proof. The name of the predomina flavor shall appear as a part of designation. If the finished prod contains more than 21⁄2 percent volume of wine, the kinds and perce ages by volume of wine must be sta as a part of the designation, exc that a flavored brandy may contain additional 122 percent by volume wine, without label disclosure, if additional wine is derived from particular fruit corresponding to labeled flavor of the product.