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with (i) light wine and brandy, (ii) fortified wine, or (iii) fortified wine and brandy, and manufactured in such manner that the product possesses the taste, aroma, and characteristics generally attributed to vermouth.
(2) A compound having the taste, aroma, and characteristics generally attributed to vermouth, but which does not conform to the definition of "vermouth" in (1) of this paragraph, including any compound made by the mixture of extracts from macerated aromatic flavoring materials with light wine only or with diluted alcohol or brandy, shall not contain the word “vermouth” as a part of its designation, unless such designation is immediately preceded by the word “imitation” in the same size and kind of type.
(j) Class 10. Imitation, concentrate, and substandard wine. (1) "Imitation wine" shall include the following when offered for sale as wine :
(i) Compounds made from synthetic materials, or by the addition of natural or synthetic flavoring material to distilled spirits;
(ii) Products made by the addition of water to residue (skins, seeds, pulp) remaining after the thorough pressing of fresh grapes.
The label for imitation wines shall include the word "imitation” in direct conjunction with and in the same size and kind of type as the class or type designation.
(2). “Concentrate wine” is any wine made from a must concentrated at any time to more than 80° (Balling), and the label for such wine shall include the word "concentrate” in direct conjunction with and in the same size and kind of type as the class or type designation.
(3) "Substandard wine" is any wine of class 1 or 6, containing in 100 cubic centimeters (20° C.) in the case of light red wine more than 0.14 gram exclusive of sulphur dioxide, and in the case of light white wine more than 0.12 gram exclusive of sulphur dioxide, and in the case of fortified wine more than 0.12 gram exclusive of sulphur dioxide, of volatile acids calculated as acetic acid; and the label for such wine shall include in direct conjunction with and in the same size and kind of type as the class or type designation, the words "substandard quality."'*+
CROSS REFERENCE: For Internal Revenue regulations relating to fortified wine, see 26 CFR 178.227–178.316, 178.344–178.346.
4.22 Blends. Each of the foregoing classes or types includes a blend of wines conforming to the definition of that class or type.*+
4.23 Grape type designations. (a) The name of a variety of grape which is also the designation of a type of wine may be employed as the designation of a wine only if the wine (1) conforms to the type, and (2) derives at least 51 percent of its volume from that variety
of grape. (b) The following are examples of names of some grape varieties which are also designations of types of wine: Niagara, Delaware, Zinfandel, Catawba, Riesling, Norton, Ives, Cabernet and Barbera.**
4.24 Geographic type designations. (a) A name of geographic significance which is also the designation of a type of wine (other than type designations found by the Administrator under paragraph (b) to have become generic) shall not be applied to a wine of any
**For statutory and source citations, see note to $ 4.20.
place or region other than the particular place or region indicated by the name, unless (1) the wine conforms to the type, and (2) in direct conjunction with such type designation there appears the word "American", "California", "New York State", or some other adjective which will disclose the true place of origin, in lettering substantially as conspicuous and emphatic.
A name of geographic significance which is also the designation of a type of wine shall be used only for a wine conforming to the standard of identity, if any, for such type specified in $$ 4.20-4.25, or, if no such standard is specified in such sections, then in accordance with the trade understanding of that type. A name of geographic significance which is also the designation of a type of wine shall not be used as the name or part of the name for a wine which is not of that type.
(b) A name of geographic significance which is also the designation of a type of wine shall not be deemed to have become generic unless the Administrator finds that such type designation has by usage and common knowledge lost its geographic significance to such an extent that it has become generic.***
4.25 Distinctive designations of specific wines. (a) A name of geographic significance for a wine of the particular class or type to which it in fact conforms but which is not in and of itself the designation of such class or type, shall be deemed the distinctive designation of a specific wine only if the Administrator finds that such name is known to the consumer and to the trade to distinguish a specific wine of a particular place or region from all other wines, and such distinctive designation shall be used to designate only the specific wine of the particular place or region indicated by such name,
(b) The following are examples of names of geographic significance which are also distinctive designations of specific wines: Chateau d'Yquem, Chateau Margaux, Chateau Lafite, Schloss Johannisberger, Pommard, Rhone, Liebfraumilch, Lacryma Christi, Lagrima, Bordeaux Blanc, Bordeaux Rouge, Medoc, Graves, St. Julien, Chambertin, Montrachet, Rudesheimer, Forster Deidesheimer.**
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
4 Examples of names of geographic significance which are also the designations of types of wine are Angelica, Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Maderia, Moselle, Port, Rhine Wine (syn. Hock), Sauterne, Haut Sauterne, Sherry and Tokay. (Administrator's circ. letter of Mar. 26, 1936, addressed to all Producers, Blenders, Wholesalers and Importers of Wine (FA-50).) **For statutory and source citations, see note to $ 4.20.
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 84.32, 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: Provided, That the Administrator may, upon written application, permit additional labeling or relabeling of wine in containers, if, in his judgment, the facts show that such additional labeling or relabeling is for the purpose of compliance with the requirements of this article or of State law.
(2) Application for permission to relabel shall be accompanied by two complete sets of the old labels and two complete sets of any proposed labels, together with a statement of the reasons for relabeling, the quantity and the location of the wine, and the name, address, and permit number of the person by whom it will be relabeled."** [As amended, Feb. 29, 1936, 1 F.R. 90]
CROSS REFERENCE: For customs warehouses and control of merchandise therein, see 19 CFR Part 17.
4.31 Misbranding. Wine in containers shall be deemed to be misbranded
(a) If the container fails to bear on it a brand label (or a brand label and other permitted labels) containing the mandatory label information as required by this article and conforming to the general requirements specified herein.
(b) If the container or any label on the container or any individual covering, carton, or other wrapper of the container used for sale at retail (other than a shipping carton, covering or wrapper of the container) or any written, printed, graphic, or other matter accompanying the container to the consumer buyer contains any statement, design, device, or graphic, pictorial or emblematic representation that is prohibited by this article.
(c) If the container is in an individual carton, covering, or other wrapper used for sale at retail (other than a shipping carton, covering, or wrapper of the container) displaying thereon any written, printed, graphic, or other matter, other than the name and address of the producer, importer, or person by whom bottled or packed (and in addition the name and address of the person for whom bottled or packed), and such individual covering, carton, or other wrapper obscures the mandatory label information required to be stated, and such individual covering, carton or other wrapper fails to reproduce on it, in the same manner, all information so obscured; or if any statement required by this section to appear upon the label, or upon such individual covering, carton, or other wrapper, is obscured in any
other manner or is modified in any manner.**
* No forms of application for permission to relabel have been prescribed. Page 20
*iFor statutory and source citations, see note to $ 4.20.
4.32 Mandatory label information. There shall be stated (a) On the brand label(1) Brand name, in accordance with $ 4.33. (2) Class, type, or other designation, in accordance with $ 4.34.
(3) Name and address (except as provided in paragraph (c) of this section), in accordance with $ 4.35.
(4) On blends consisting of foreign and domestic wines, if any reference to the presence of foreign wine is made, the exact percentage by volume of foreign wine.
(b) on the brand label, or on a separate label affixed in immediate proximity thereto on the same side of the container
(1) Alcoholic content, in accordance with $ 4.36. (2) Net contents, in accordance with $ 4.37.
(c) On the brand label, or on a separate label affixed in immediate proximity thereto on the same side of the container, or on a back Tabel
In case of imported wines, the name and address of the importer, in accordance with $ 4.35.*+
4.33 Brand names-(a) General. The wine shall bear a brand name, except that if wine is not sold under a brand name, then the name of the person required to appear on the brand label shall be deemed a brand name for the purpose of 88 4.30-4.39.
(b) Brand names of geographical significance. The word “brand” shall be stated in direct conjunction with and in lettering at least one-half as large as any geographical brand name which, either alone or by reason of any statement, design, or device appearing upon the label, tends to create the impression that the wine was made from grapes or other materials grown and fermented in a particular place or region, unless the wine was made from grapes or other materials, at least 75 percent of which were grown and fermented in such place. The Administrator may require additional appropriate language which will disclose the true place of origin if the word “brand” does not sufficiently negative any false impression created by the use of such brand name.
(c) Use of unregistered brand names. This section shall not apply to the use by any person of any trade name or brand of foreign origin not effectively registered in the United States Patent Office on August 29, 1935, which has been used by such person or his predecessors in the United States for a period of at least 5 years immediately preceding August 29, 1935: Provided, That if such trade name or brand is used, it shall be qualified by the name of the locality in the United States in which the product was produced, and provided such qualification shall be in script, type, or printing as emphatic and conspicuous as the trade name or brand which it qualifies, and shall be in direct conjunction therewith.**
4.34 Class, type, and distinctive designations. (a) The class of the wine shall be stated, except that in the case of light wines, fortified wines, and champagne, the type designation or a name of geographic significance which is the distinctive designation of a specific wine, may be stated in lieu of the class designation. In addition to the statement of class, there may also be stated the type
**For statutory and source citations, see note to $ 4.20.
designation, or a name of geographic significance which is the distinctive designation of a specific wine. The type or distinctive designation shall be stated in direct conjunction with and in lettering not greater than twice the size of the statement of class.
(b) The class or type stated shall be in conformity with $$ 4.20– 4.25, if the wine is of a class or type defined therein. If the wine is not of a class or type defined in such sections, then it shall be labeled in conformity with the designation of such product as known to the trade. If there is no trade designation, then in lieu of the statement of class or type there shall appear a distinctive or fanciful name together with an adequate and truthful statement of the composition of the product.
(c) A white sparkling wine having the taste, aroma, and characteristics generally attributed to champagne but not otherwise conforming to the standard for “champagne” set forth in 88 4.20-4.25 may, in addition to but not in lieu of the class designation "sparkling wine”, be further designated as “champagne style” or “champagne type" or "American (or New York State, California, etc.) champagne—bulk process”; all the words in any such further designation shall be equally conspicuous and shall appear in direct conjunction with and in lettering not greater than one-half the size of the words "sparkling wine.” **
4.35 Name and address-(a) Domestic wine. On labels of containers of domestic wine, there shall be stated the name of the bottler or packer and the place where bottled or packed (or in lieu of such place, the principal place of business of the bottler or packer if in the same State where the wine was bottled or packed) immediately preceded by the words “Bottled by", or “Packed by”, except that,
(1) If the bottler or packer is also the person who made not less than 75 percent of such wine by crushing the grapes or other materials, fermenting the must and clarifying the resulting wine, there may be stated, in lieu of the words “Bottled by” or “Packed by” the words “Produced and bottled by” or “Produced and packed by.”
(2) If the bottler or packer has also either manufactured or treated the wine, otherwise than as described in (1), there may be stated, in lieu of the words “Bottled
by” or “Packed by”, the phrases “Blended and bottled (packed) by”, “Rectified and bottled (packed) by”, “Prepared and bottled (packed) by”, “Made and bottled (packed) by", or “Manufactured and bottled (packed) by”, as the case may be.
(3) In addition to the name of the bottler or packer and the place where bottled or packed (but not in lieu thereof) there may be stated the name and address of any other person for whom such wine is bottled or packed, immediately preceded by the words “Bottled for” or “Packed for” or “Distributed by” or other similar statement; or the name and principal place of business of the rectifier, blender, manufacturer, or maker, immediately preceded by the words "Rectified by”, “Blended by”, “Manufactured by", or “Made by”, respectively.
(b) Imported wine. On labels of containers of imported wine, there shall be stated the words “Imported by” or a similar appropriate phrase, and immediately thereafter the name of the permittee who is the importer, agent, sole distributor, or other person responsible
**For statutory and source citations, see note to $ 4.20.