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any impression that the product is imported, and such negative statements shall appear in the same size and kind of printing as such name.
(h) Statements, seals, flags, coats of arms, crests, and other insignia. Statements, seals, flags, coats of arms, crests, or other insignia, or graphic' or pictorial or emblematic representations thereof, 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 government, organization, family, or individual with whom such seal, flag, coat of arms, crest, or insignia is associated, are prohibited on any label of wine.
(i) Curative and therapeutic effects. Labels shall not contain any statement, design, or device representing that the use of any wine has curative or therapeutic effects if such statement is untrue in any particular or tends to create a misleading impression.
(j) Geographical statements indicative of source of materials. No statement, design, device, or representation of geographical significance, which creates the impression or tends to create the impression that the wine was made in a particular locality or viticultural area or was made from grapes or other materials grown
a particular locality or viticultural area, shall appear on any label unless the wine is in fact a wine made from grapes or other materials at least 75 percent of which were grown and fermented in the locality or viticultural area indicated by such statement, design, device, or representation. Examples of such statements, designs, 'devices, or representations of geographical significance are: The word "American" in the phrase "American Port”; the word "California" in the phrases “California Burgundy” and “California JohannisbergRiesling”; the words "Lake Erie” in the phrase "Lake Erie Catawba”; the words “Napa Valley” in the phrase “Napa Valley Gutedel"; the words “New York State" in the phrase "New York State Champagne”; the word “Spanish” in the phrase “Spanish light wine.'
(k) Individual coverings and cartons. Individual coverings, cartons, or other wrappers of containers of wine, or any written, printed, graphic, or other matter accompanying the container, shall not contain any statement or any graphic, pictorial, or emblematic representation or other matter which is prohibited from appearing on any label or container of wine.**
REQUIREMENTS FOR WITHDRAWAL OF WINE FROM CUSTOMS CUSTODY
4.40 Label approval and release-(a) Application. On or after December 15, 1936, imported wine shall not be released from customs custody for consumption, except pursuant to procedure and forms prescribed by this section.
(b) Affidavit. No imported wine shall be released from customs custody unless there shall have been deposited with the appropriate customs officer at the port of entry an “Affidavit for release of imported wine” (Form L. 12), which document shall be properly filled out and sworn to by the importer or transferee in bond, cover
**For statutory and source citations, see note to g 4.20.
ing the particular brand or lot of wine sought to be released, and which document shall be accompanied by the original or a photostatic copy firmly attached thereto of a “Certificate of label approval and release for imported wine" (Form L. 11).
Such certificate shall be issued by the Administrator upon application made on the form designated “Application for approval of labels for imported wine” (Form L. 10), properly filled out and certified to by the importer or transferee in bond.
(c) Release. If the "Affidavit for release of imported wine" (Form L. 12) is accompanied by the original or a photostatic copy of the “Certificate of label approval and release for imported wine" (Form L. 11), the certificate of which bears the signature of the officer designated by the Administrator, then the brand or lot of imported wine bearing labels identical with those shown on the original or a photostatic copy may be released from customs custody.
(d) Relabeling. Imported wine in customs custody which is not labeled in conformity with certificates of label approval issued by the Administrator must be relabeled prior to release, under the supervision and direction of the customs officers of the port at which such wine is located.+*+ [As amended Feb. 29, 1936, 1 F.R. 90] REQUIREMENTS FOR APPROVAL OF LABELS OF WINE DOMESTICALLY BOTTLED
OR PACKED 4.50 Certificates of label approval. (a) No person shall bottle or pack wine, other than wine bottled or packed in customs custody, or remove such wine from the plant where bottled or packed, unless upon application to the Administrator he has obtained and has in his possession a “Certificate of approval of labels of wine domestically bottled or packed" (Form L. 14), covering such wine. Such certificate of label approval shall be issued by the Administrator upon application made upon the form designated "Application for approval of labels of wine domestically bottled or packed” (Form L. 13), properly filled out and certified to by the applicant.
(b) Any bottler or packer of wine shall be exempt from the requirements of this section and $$ 4.51, 4.52 if upon application he shows to the satisfaction of the Administrator that the wine to be bottled or packed by him is not to be sold, offered for sale, or shipped or delivered for shipment, or otherwise introduced in interstate or foreign commerce. À “Certificate of exemption from label approval for wine” (Form L. 16) shall be issued by the Administrator upon application upon the form designated “Application for exemption from wine label approval” (Form L. 15), properly filled out and certified to by the applicant.***
Copies of the forms mentioned may be secured from the Administration on request. Instructions to collectors of customs relating to imported wine are contained in the Administration's circ. of Dec. 9, 1936 (FA-88).
Copies of the forms mentioned may be secured from the Administration on request. On Dec. 10, 1937, the Administrator issued a blanket certificate of label approval to cover all labels which had formerly been approved but were revised by omitting the Internal Revenue Supervisory District Number and the statement "Taxpaid by Stamps Affixed to Case”, since these matters were no longer required to appear under Internal Revenue Regulations (FA-127).
**For statutory and source citations, see note to $ 4.20.
4.51 Exhibiting certificates to Government officials. Any bottler or packer holding an original or duplicate original of a certificate of label approval or a certificate of exemption shall, upon demand, exhibit such certificate to a duly authorized representative of the United States Government.**
4.52 Photoprints. Photoprints or other reproductions of certificates of label approval or certificates of exemption are not acceptable, for the purposes of $$ 4.50 -4.52, as substitutes for an original or duplicate original of a certificate of label approval, or a certificate of exemption. The Administrator 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 original is shown and there is listed with the Administrator the name and address of the additional bottling or packing plant where the particular label is to be used.**
ADVERTISING OF WINE
4.60 Application. No person engaged in 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 published or disseminated by radio broadcast, or in any newspaper, periodical, or other publication, or by any sign or outdoor advertisement, or any other printed or graphic matter any advertisement of wine, if such advertisement is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with $8 4.60–4.64: Provided, That such sections shall not apply to outdoor advertising in place on June 18, 1935, but shall apply upon replacement, restoration, or renovation of any such advertising; And provided further, That such sections shall not apply to the publisher of any newspaper, periodical, or other publication, or radio broadcaster, unless such publisher or radio broadcaster is engaged in business as a producer, rectifier, blender, importer, or wholesaler of wine, directly or indirectly, or through an affiliate.* +
4.61 Definitions. As used in $84.60 4.64 the term "advertisement” includes any advertisement of wine through the medium of radio broadcast; or of newspapers, periodicals, or other publications; or of any sign or outdoor advertisement; or of any other printed or graphic matter, including trade booklets, menus, and wine cards—if such advertisement is in, or is calculated to induce sales in, interstate or foreign commerce; or is disseminated by mail; 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 or any written, printed, graphic, or other matter accompanying the container which constitutes a part of the labeling under $$ 4.30-4.39.
(b) Any editorial or other reading matter in any periodical or publication or newspaper for the publication of which no money or
**For statutory and source citations, see note to § 4.20.
other valuable consideration is paid or promised, directly or indirectly, by any permittee.**
4.62 Mandatory statements-(a) Responsible advertiser. The advertisement shall state the name and address of the permittee responsible for its publication or broadcast. Street number and name may be omitted in the address.
(b) Class, type, and distinctive designation. The advertisement shall contain a conspicuous statement of the class, type, or distinctive designation to which the product belongs, corresponding with the statement of class, type, or distinctive designation which is required to appear on the label of the product.
(c) Alcoholic content. (1) Alcoholic content shall be stated in the case of wine containing more than 14 percent of alcohol by volume, and, in the case of wines containing less than 14 percent of alcohol by volume, the alcoholic content may, but need not, be stated. Any statement of alcoholic content shall be made as prescribed in (2) of this paragraph.
(2) Alcoholic content shall be stated in per centum of alcohol by volume, and not otherwise, as provided in subdivisions (i) or (ii) of this paragraph.
(i "Alcohol ----% by volume.” Alcoholic content, when stated in the foregoing manner, shall be within an accuracy of one degree, either above or below such percentage statement.
(ii) “Alcohol ----% to ----% by volume.” Alcoholic content, when stated in the foregoing manner, shall be stated by a minimum and maximum percentage, with a range of not more than two degrees, and no tolerances will be permitted either below such minimum or above such maximum.**
4.63 Legibility of requirements. Statements required under 88 4.60 4.64 to appear in any written, printed, or graphic advertisement shall be in lettering or type of a size sufficient to render them both conspicuous and readily legible.**
4.64 Prohibited statements. (a) Restrictions. The advertisement of wine shall not contain
(1) Any statement that is false or misleading in any material particular.
(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 Administrator finds to be likely to mislead the consumer.
(5) Any statement, design, device, or representation of or relating to any guaranty, irrespective of falsity, which the Administrator finds to be likely to mislead the consumer.
(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.
**For statutory and source citations, see note to 8 4.20.
(7) Any statement of bonded winery and storeroom numbers unless stated in direct conjunction with the name and address of the person operating such winery or storeroom. Statement of bonded winery or storeroom numbers may be made in the following form: “Bonded Winery No.
» "B. W. No.
”, “Bonded reroom No.
23 --”, “B. Š. 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 accordance with Government specifications or standards.
(b) Statements inconsistent with labeling. The advertisement shall not contain any statement concerning a brand or lot of wine that is inconsistent with any statement on the labeling thereof. This requirement shall become effective December 15, 1936. [As amended Feb. 29, 1936]
(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, except that
(1) In the case of domestic vintage wine bottled or packed and labeled in accordance with the provisions of $ 4.39 (b) (i), (2), the year of vintage may be stated but only if there is likewise stated, in direct conjunction with the class, type, or distinctive designation of the wine, in lettering substantially as conspicuous as such designation and in the same manner and form as such statements appear on the brand label of the container, the name of the viticultural area in which the grapes were grown and the wine fermented.
(2) In the case of imported vintage wine bottled and labeled in accordance with the provisions of g 4.39 (b) (3) the year of vintage may be stated.
(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 appears without undue emphasis in the following form: "Bottled in
(inserting the year in which the wine was bottled).
(e) Use of the word "old." The use of the word "old" or other word denoting age, as part of the brand name, shall not be deemed to be a representation relative to age, if the word “brand” appears in direct conjunction with such brand name, in letters of equally conspicuous color and at least one-half the size of the lettering in which such brand name appears.
(f) 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 bottling date, shall be stated unless, in addition thereto, and in direct conjunction 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 person to whom it refers.
(g) Statements, seals, flags, coats of arms, crests, and other insignia. Statements, seals, flags, coats of arms, crests, or other