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(c) The provisions of the Federal Alcohol Administration Act, which forbid any person to sell, offer to sell, contract to sell or otherwise dispose of warehouse receipts for distilled spirits in bulk, do not apply to warehouse receipts for bottled distilled spirits.**

CROSS REFERENCE: For labeling of distilled spirits, see Part 5.

3.4 Sales by permittees of distilled spirits for industrial use. Distillers, rectifiers, and other permittees engaged in the sale or other disposition of distilled spirits for nonindustrial use shall not sell or otherwise dispose of distilled spirits in bulk (other than alcohol) for industrial use, unless such distilled spirits are shipped or delivered directly to the industrial user thereof.**

PART 4-LABELING AND ADVERTISING OF WINE

Sec.

Sec. 4.1 Definitions.

4.39 Prohibited practices. Standards of Identity for Wine

Requirements for Withdrawal of 4.20 Application of standards.

Wine from Customs Custody 4.21 The standards of identity.

4.40 Label approval and release. 4.22 Blends.

Requirements for Approval of 4.23 Grape type designations.

Labels of Wine Domestically Bot4.24 Geographic type designations.

tled or Packed 4.25 Distinctive designations of specific 4.50 Certificates of label approval. wines.

4.51 Exhibiting certificates to GovernLabeling Requirements for Wine

ment officials. 4.30 General.

4,52 Photoprints. 4.31 Misbranding.

Advertising of Wine 4.32 Mandatory label information. 4.60 Application. 4.33 Brand names.

4.61 Definitions, 4.34 Class, type, and distinctive desig- 4.62 Mandatory statements. nations.

4.63 Legibility of requirements. 4.35 Name and address.

4.64 Prohibited statements. 4.36 Alcoholic content.

General Provisions 4.37 Net contents.

4.70 Exports. 4.38 General requirements.

4.71 Effective date.

CROSS REFERENCES

Regulations relating to the labeling and advertising of distilled spirits: See

Part 5. Regulations relating to the labeling and advertising of malt beverages: See

Part 7. Bureau of Customs regulations concerning forfeiture and disposal of alcoholic

liquors: See Customs Duties, 19 CFR 21.7. Bureau of Customs regulations concerning marking and stamping of spirits,

wines, malt liquors, and alcoholic fruit juices in casks and similar containers :

See Customs Duties, 19 CFR 9.7. Bureau of Customs regulations with insular possessions regarding spirits and

wine withdrawn from warehouse for shipment: See Customs Duties, 19 CFR

5.2–5.10. Bureau of Customs regulations with respect to exemption ac rde returning

residents relating to importation of wine, distilled spirits, malt liquors: See

Customs Duties, 19 CFR 8.20.
Production, fortification, and tax payment of wine: See Internal Revenue, 26

CFR Part 178.
Section 4.1 Definitions. As used in this part-

(a) The term “Act” means the Federal Alcohol Administration Act.

**For statutory and source citations, see note to g 3.1.

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(b) The term “Administration” means the Federal Alcohol Administration.

(c) The term “Administrator” means the head of the Federal Alcohol Administration.

(d) The term “permittee” means any person holding a basic permit under the Federal Alcohol Administration Act.

(e) The term “wine” means (1) wine as defined in section 610 and section 617 of the Revenue Act of 1918 (U.S.C., title 26, secs. 441 and 444) as amended, and (2) other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry, and sake; in each instance only if containing not less than 7 per centum, and not more than 24 per centum of alcohol by volume, and if for nonindustrial use.

(f) The term "red wine” means wine containing red coloring matter derived from the skins, juice, or pulp of grapes.

(g) The term “white wine” means wine made from white grapes, or from the expressed fresh juice of other grapes but not containing the red coloring matter of the skins, juice, or pulp of grapes.

(h) The term “vintage wine” means a wine made wholly from grapes gathered in the same calendar year and grown and fermented in the same viticultural area, and conforming to the standards prescribed in paragraph (a), Class 1, paragraph (b), Class 2, paragraph (f), Class 6, in $ 4.21.

(i) The term "container" means any bottle, barrel, cask or other closed receptacle irrespective of size or of the material from which made for use for the sale of wine at retail. The term “bottler” means any person who places wine in containers of a capacity of 1 gallon or less; and the term “packer” means any person who places wine in containers of a capacity in excess of 1 gallon.

(j) The term “gallon” means United States gallon of 231 cubic inches of alcoholic beverage at 68° F. (20° C.). All other liquid measures used are subdivisions of the gallon as so defined.

(k) The term “brand label” means the label carrying, in the usual distinctive design, the brand name of the wine.

(1) The term “United States” means the several States and Territories and the District of Columbia; the term “State” includes a Territory and the District of Columbia; and the term “Territory” means Alaska, Hawaii, and Puerto Rico.

(m) The term “interstate or foreign commerce” means 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.

(n) The term “person" means any individual, partnership, jointstock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent, and including an officer or employee of any agency of a State or political subdivision thereof; and the term “trade buyer” means any person who is a wholesaler or retailer.

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(0) Any other term defined in the Federal Alcohol Administration Act and used herein shall have the same meaning assigned to it by such Act.8 (Sec. 2 (d), 49 Stat. 977; 27 U.S.C., Sup. I, 202 (d): interprets sec. 17 (a), 49 Stat. 989; 27 U.S.C., Sup., 211 (a)) [Art. I, Regs. 4, Dec. 30, 1935]

STANDARDS OF IDENTITY FOR WINE

4.20 Application of standards. The standards of identity for the several classes and types of wine set forth herein shall be applicable to all regulations and permits issued under the Act. Whenever any term for which a standard of identity has been established herein is used in any such regulation or permit such term shall have the meaning assigned to it by such standard of identity.**

*S$ 4.20 to 4.71, inclusive, issued under the authority contained in sec. 2 (d), 49 Stat. 977; 27 U.S.C., Sup. I, 202 (d); interpret sec. 5 (e), (f), 49 Stat. 982, 984, as amended by sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat. 1965, 1966 ; 27 U.S.C., Sup., 205 (e), (f).

*In 88 4.20 to 4.71, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Regs. 4, Fed. Alc. Adm., Dec. 30, 1935. Amendments are noted in brackets following paragraphs or sections affected.

4.21 The standards of identity. Standards of identity for the several classes and types of wine set forth herein shall be as follows:

(a) Class 1. Light wine. (1) “Light wine" is the product made from the normal alcoholic fermentation of the juice of sound, ripe grapes, without addition or abstraction, except such as may occur in the usual cellar treatment of clarifying and aging: Provided, That there may be added to the must or to the wine a solution of water and pure cane, beet, or dextrose sugar (containing, respectively, not less than 95 percent of actual sugar calculated on a dry basis), for the purpose of correcting natural deficiencies, if the resulting product contains not less than 5 parts per thousand of acid before fermentation and not more than 13 percent of alcohol by, volume after complete fermentation, and if the volume of the resulting product is not increased more than 35 percent; And provided further, That there may be added to the wine after complete fermentation, a dosage of brandy, sugar, sugar solution, or fortified wine, separately or in combination, so far as permitted by the internal-revenue laws, if the resulting product does not contain more than 14 percent of alcohol by volume.

In 100 cubic centimeters (20° C.) of light wine there shall not be, if a red wine, more than 0.14 gram exclusive of sulphur dioxide, and, if a white wine, more than 0.12 gram exclusive of sulphur dioxide, of volatile acid calculated as acetic acid.

(b) Class 2. Sparkling wine. (1) “Sparkling wine" is a light wine made effervescent with carbon dioxide resulting solely from

* The Administration from time to time has issued circulars construing or applying the various provisions of this part. In view of the fact that these circulars do not have the effect of amending or modifying the regulations, they are only cited in the codification where they may be of unusual interest. Copies of these circulars may be obtained from the Administration upon request.

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the secondary fermentation of the wine within a closed container, tank, or bottle.

(2) "Champagne" is a type of white sparkling wine which derives its effervescence solely from the secondary fermentation of the wine within glass containers of not greater than 1 gallon capacity, and which possesses the taste, aroma, and other characteristics attributed to champagne as made in the champagne district of France.

(c) Class 3. Carbonated wine. Carbonated wine" is light wine made effervescent with carbon dioxide other than that resulting solely from the secondary fermentation of the wine within a closed container, tank, or bottle.

(d) Class 4. Citrus fruit wine. “Citrus fruit wine" is the product of normal alcoholic fermentation of the juice of sound, ripe citrus fruit (except lemons and limes), with or without the addition of dry cane, beet, or dextrose sugar (containing, respectively, not less than 95 percent of actual sugar, calculated on a dry basis) for the purpose of perfecting the product according to standards, but without the addition or abstraction of other substances, except as may occur in the usual cellar treatment of clarifying or aging, if the resulting product does not contain over 13 percent of alcohol by volume after complete fermentation: Provided, That there may be added to the wine after complete fermentation a dosage of brandy, sugar, sugar solution, or fortified wine, separately or in combination, so far as permitted by internal-revenue laws, if the resulting product does not contain more than 14 percent of alcohol by volume.

Citrus fruit wine shall be designated by the name of the citrus fruit used, e. g., "orange wine", "grapefruit wine.

(e) Class 5. Fruit or vegetable wine. (1) “Fruit wine” (other than light wine or citrus fruit wine as above defined), or “vegetable wine” is a product made by the alcoholic fermentation of the juice or pulp of raisins or other fruits or of vegetables, in accordance with the commonly accepted method of the manufacture of such product: Provided, That if a solution of water and pure cane, beet, or dextrose sugar is added for the sole purpose of correcting natural deficiencies, in accordance with internal-revenue laws, the resulting product may not contain more than 13 percent of alcohol by volume after complete fermentation: And provided further, That there may be added to the wine after complete fermentation a dosage of brandy, sugar, sugar solution, or fortified wine, separately or in combination, so far as permitted by internal-revenue laws, if the resulting product does not contain more than 14 percent of alcohol by volume.

Fruit or vegetable wine shall be designated by the name of the fruit or vegetable used, e. g., “raisin wine”, “peach wine", "blackberry wine."

(2) “Cider” and “perry” are the products made by the alcoholic fermentation of the juice or pulp of apples and pears, respectively, and shall bear such respective designations: Provided, That if such products are made in the manner of wine and have vinous taste, aroma, and characteristics, they may bear the respective designations “apple wine” and “pear wine.'

(3) “Sake” is a wine made from rice in accordance with the commonly accepted method of manufacture of such product. Page 16

(f) Class 6. Fortified wine. (1) “Fortified wine” is the product made by the addition of such brandy or alcohol as is permitted under internal-revenue laws to—

(i) Light wine, as defined above; or

(ii) The product resulting from the fermented or partially fermented juice of sound, ripe grapes, with the usual cellar treatment of clarifying and aging, and with no other substance whatever introduced before, at the time of, or after fermentation, except that there may be added to the juice before fermentation, or to the fermented product of the juice, or to both, pure boiled or condensed grape must or pure crystallized cane or beet sugar, or pure dextrose sugar (containing, respectively, not less than 95 percent of actual sugar calculated on a dry basis), or water, or any or all of them : Provided, That the added sugar is not in excess of 11 percent of the weight of the wine to be fortified, and the added water is not in excess of 10 percent of the weight of the wine or juice to which added, and the wine to which the water is added does not, after fermentation, have an alcoholic content of less than 5 percent by volume.

In 100 cubic centimeters (200 C.) of fortified wine there shall not be more than 0.12 gram exclusive of sulphur dioxide of volatile acid calculated as acetic acid.

(2) "Angelica”, “Madeira”, “Muscatel”, and “Port” are types of fortified wine having the taste, aroma, and characteristics generally attributed to these products and containing not less than 18 percent of alcohol by volume.

(3), “Sherry” is a type of fortified wine having the taste, aroma, and characteristics generally attributed to this product and containing not less than 17 percent of alcohol by volume.

(4) "Light port” and “light sherry" are types of fortified wine having the taste, aroma, and characteristics generally attributed to “port” and “sherry”, respectively, and containing not less than 14 percent of alcohol by volume.

(g) Class 7. Fortified citrus fruit wine. “Fortified citrus fruit wine" is the product made by the addition of such brandy or alcohol as is permitted under internal-revenue laws to citrus fruit wine, as defined above.

Fortified citrus fruit wine shall be designated by the name of the citrus fruit wine used, preceded by or in direct conjunction with the word “fortified”, e. g., "fortified orange wine”, “fortified grapefruit wine."

(h) Class 8. Fortified fruit wine or fortified vegetable wine. “Fortified fruit wine” or “fortified vegetable wine” are products made by the addition of brandy or alcohol to “fruit wine” or “vegetable wine", respectively, as defined above.

Fortified 'fruit wine or fortified vegetable wine shall be designated by the name of the fruit wine or vegetable wine used, preceded by or in direct conjunction with the word “fortified”, e. g., “fortified blackberry wine", "fortified raisin wine”, “fortified peach wine.”

(i) Class 9. Vermouth. (1) “Vermouth" is a compound having an alcoholic content of not less than 15 percent by volume, made by the mixture of extracts from macerated aromatic flavoring materials

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