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law or regulation, they shall appear in accordance with the requirements thereof. [As amended July 8, 1936, 1 F.R. 757]

(d) "Bottled by." On labels of domestic distilled spirits bottled without taxable rectification by the holder of a warehousing and bottling permit, or by any State or political subdivision thereof, who is not the actual distiller or rectifier of such distilled spirits, there shall be stated the words "bottled by", and immediately thereafter the name of the bottler and the place where bottled.1

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(e) "Bottled for." In addition to the requirements of (a), (b), (c), and (d) of this section, on labels of distilled spirits bottled for the holder of a permit, or a retailer, who is not the actual distiller or rectifier of such distilled spirits, there may be stated the name and address of the permittee or retailer for whom such distilled spirits are so bottled, immediately preceded by the words "bottled for", or "distributed by", or other similar statement. [As amended July 8, 1936, 1 F.R. 757

(f) Post-office address. The "place" stated shall be the postoffice address, except that the street address may be omitted. No additional places or addresses shall be stated for the same person, firm, or corporation, unless (1) such person or retailer is actively engaged in the conduct of an additional bona fide and actual alcoholic beverage business at such additional place or address, and (2) the label also contains, in direct conjunction therewith, appropriate descriptive material indicating the function occurring at such additional place or address in connection with the particular product.

(g) State of distillation. On labels of whiskey and straight whiskey there shall be stated the State of distillation of such whiskey, if such whiskey is not distilled in the State given in the address on the brand label. Notwithstanding the provisions of § 5.32 (c), the statement of the State of distillation shall appear on the brand label in all cases where the Administrator finds that without such statement the label is misleading as to the State of actual distillation.

(h) Trade names. The trade name of any permittee appearing upon any label shall be identical with the name in which his basic permit is issued by the Administrator.*t

5.36 Alcoholic content. (a) The alcoholic content by proof shall be stated for distilled spirits except as provided in paragraph (b) of this section.

(b) The alcoholic content in percentage by volume or by proof shall be stated for cordials and liqueurs, and gin fizzes, cocktails, highballs, bitters, and such other specialties as may be specified by the Administrator from time to time.**

5.37 Net contents. (a) The net contents shall be stated as follows:

(1) If one pint, one quart, or one gallon, the net contents shall be so stated.

(2) If less than a pint, the net contents shall be stated in fractions of a pint.

18 On June 8, 1938, paragraph (d) was amended, 3 F.R. 1935 (DI).

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**For statutory and source citations, see note to § 5.20.

(3) If more than a pint, but less than a quart, the net contents shall be stated in fractions of a quart.

(4) If more than a quart, but less than a gallon, the net contents shall be stated in fractions of a gallon.

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(b) All fractions shall be expressed in their lowest denomination. (c) The net contents need not be stated on any label if the net contents are displayed by having the same blown in the bottle on the same side of the bottle as the brand label, in letters and figures in such manner as to be plainly legible under ordinary circumstances, and such statement is not obscured in any manner in whole or in part. The letters and figures shall be not less than one-quarter inch in height, except in case of bottles having a capacity of less than onehalf pint, in which case the letters and figures shall be of such size as to be readily legible under ordinary conditions.*†

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5.38 Presence of neutral spirits and coloring, flavoring, and blending materials. (a) In the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, there shall be stated the percentage of neutral spirits so used and the name of the commodity from which such neutral spirits have been distilled. The statement of percentage and the name of the commodity shall be made in substantially the following form:" --% neutral spirits distilled from grain"; or -% neutral spirits distilled from cane products"; or -% neutral spirits distilled from fruit"; or % grain (cane products), (fruit) neutral spirits.' (b) In the case of neutral spirits or of gin produced by a process of continuous distillation, there shall be stated the name of the commodity from which such neutral spirits or gin has been distilled. The statement of the name of the commodity shall be made in substantially the following form: "Distilled from grain", or "Distilled from cane products", or "Distilled from fruit.”

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(c) If the aggregate amount of coloring, blending, smoothing, or flavoring materials in any distilled spirits other than cordials, liqueurs, gin, gin fizzes, highballs, bitters, and such other specialties as may be specified by the Administration from time to time, is in excess of 22 percent by volume of the distilled spirits contained in the bottle, then the name and amount in percent by volume of each of such materials shall be stated.

(d) There shall be stated the words "artificially colored" on the label of any distilled spirits containing synthetic or imitation coloring materials: Provided, That this statement shall not be required by reason of the use of caramel in coloring any type of whiskey (not including straight whiskey) brandy, or rum.'

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(e) The presence of beading oil in any type of whiskey shall be stated.**

5.39 Statements of age and percentage-(a) Statement of age and percentage for whiskey. There shall be stated in the case of whiskey (except Scotch, Irish, and Canadian and blended Scotch,

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On June 8, 1938, effective June 23, 1938, paragraph (d) was amended, 3 F.R. 1395 (DI).

**For statutory and source citations, see note to § 5.20.

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Irish, and Canadian whiskey, as defined in § 5.21 (b), and except straight whiskey bottled under the Bottling in Bond Act of the United States, in which cases statement of age shall be optional) the following:

(1) Whiskey, rye whiskey, etc. In the case of the whiskeys defined in § 5.21 (b), (b) (1), if not mixed, the age of the whiskey; if mixed, the age of the youngest whiskey. The statement of age in both cases under this paragraph shall be as follows: "This whiskey is (years and/or months) old."

(2) Straight whiskey. In the case of any of the types of straight whiskey, the age of the straight whiskey. The statement of age in cases under this paragraph shall be as follows: "This whiskey is

(years and/or months) old."

(3) Blended whiskey. In case of any of the types of blended whiskey as defined in § 5.21 (b) (7), (8), the age of the straight whiskey (or if there be two or more straight whiskeys, then of the youngest thereof) and the age of the other whiskey (or if there be two or more other whiskeys, then of the youngest of such other whiskeys) together with the percentage by volume of straight whiskey, other whiskey, and neutral spirits therein.

The statement of age in cases under this paragraph shall be as follows, in accordance with the ingredients used. If only one straight whiskey and one other whiskey is in the blend, the statement of the age shall read "The straight whiskey in this product is (years and/or months) old, ------% straight whiskey, -% other whiskey (years and/or months) old." The age blanks shall be filled in with the respective ages of the straight whiskey and the other whiskey. If more than one straight whiskey and more than one other whiskey is in the blend, the statement of age shall read "The straight whiskeys in this product are (years and/or months) or more old, -- --% straight whiskey, % other whiskey (years and/or months) or more old." The age blanks shall be filled in with the ages of the youngest straight whiskey and the youngest of the other whiskeys. If neutral spirits have been used in the blend, the statement thereof shall appear in immediate conjunction with the statement of age and percentage amounts of straight whiskey and other whiskey (if any) and shall be in the form required by 8 5.38 (a).

In addition (but not as a substitute for the foregoing required statements) a statement may be made of the ages and percentages of all of the straight whiskeys in the blend. Such statements, if made, shall read " -% straight whiskey, years old, --% straight whiskey, years old, and % straight whiskey, ------ years old." The age and percentage blanks shall be filled in with the respective ages and percentages of all of the straight whiskeys in the blend.

(4) Blends of straight whiskeys. If the product is a blend of straight whiskeys, the age of the youngest straight whiskey. The statement of age under this paragraph shall be as follows: "The straight whiskeys in this product are (years and/or months)

or more old." The blank shall be filled in with the age of the youngest

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straight whiskey in the blend. In addition (but not as a substitute for the foregoing required statement) a statement may be made of the ages and percentages of all of the straight whiskeys in the blend. Such statements, if made, shall read: " --% straight whiskey, % straight whiskey, years old, and -% straight whiskey, years old." The age and percentage blanks shall be filled in with the respective ages and percentages of all of the straight whiskeys in the blend.

years old,

(5) Spirit whiskey. In the case of spirit whiskey, the age of the whiskey or straight whiskey (or if there be two or more whiskeys or straight whiskeys, then the youngest whiskey or straight whiskey) together with the percentage by volume of the whiskey or straight whiskey and the percentage by volume of neutral spirits. Such statement shall be as follows: "The whiskey (straight whiskey) in this product is (years and/or months) old; ---% straight whiskey, ----% whiskey, and ------% neutral spirits (continuing in accordance with the requirements of § 5.38 (a) to state the commodity from which the neutral spirits is derived)." If there be either no straight whiskey or whiskey in product, the percentage statement with respect thereto shall be omitted.

(6) Imported American type whiskeys. In the case of imported American type whiskeys (as defined in § 5.21, Class 9) the labels shall state the ages and percentages in the same manner and form as is required for the same type of whiskey produced in the United States.

stored

*

Notwithstanding the foregoing provisions of this paragraph, in the case of whiskey (as defined in § 5.21, paragraph (b), Class 2), produced in the United States on and after March 1, 1938, and stored in reused cooperage, there shall be stated in lieu of the words ** * * is (years and/or months) old", the words "* (years and/or months) in reused cooperage", and in lieu of the words "* * * (years and/or months) or more old", the words "* * stored (years and/or months) or more in reused cooperage". [As amended Feb. 28, 1938, 3 F.R. 486] (b) Statements of age for rum, brandy, Scotch, Irish, and Canadian whiskeys, and blended Scotch, blended Irish, and blended Canadian whiskeys. (1) Age may, but need not, be stated on labels of rums, brandies, Scotch whiskeys, Irish whiskeys, Canadian whiskeys, blended Scotch whiskeys, blended Irish whiskeys, and blended Canadian whiskeys, as defined in §§ 5.20-5.21. (2) If age is stated, it shall be substantially as follows: "This rum is years old"; "This brandy is years old"; "This whiskey is years old"; the blanks to be filled in with the age of the youngest distilled spirits in the product. (c) Statements of age and percentage for blended Scotch type whiskey and blended Irish type whiskey. (1) In the case of blended Scotch type whiskey, there shall be stated the age of the youngest malt whiskey and the age of the youngest other whiskey, together with the percentages by volume of the malt whiskey and of the other whiskey therein. The statement of age and percentage shall be in the following form: "The malt whiskey in this product

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is

(years and/or months) old; ------% malt whiskey, -----% other whiskey, (years and/or months) old." If the product is composed of malt whiskey and neutral spirits, there shall be stated the age of the youngest malt whiskey, together with the percentage by volume of malt whiskey and the percentage by volume of neutral spirits. Such statement shall be in the following form: "The malt whiskey in this product is ------ (years and/or months) old; ------% malt whiskey, ------% neutral spirits (continuing in accordance with the requirements of § 5.38 (a) to state the commodity from which the neutral spirits is derived)."

(2) In the case of blended Irish type whiskey, as defined in § 5.21, paragraph (b), Class 2 (15) (i), there shall be stated the age of the youngest whiskey. The statement of age shall be as follows: "This whiskey is (years and/or months) old."

(3) In the case of blended Irish type whiskey, as defined in § 5.21, paragraph (b), Class 2 (15) (ii), there shall be stated the age of the youngest malt whiskey and the age of the youngest other whiskey, together with the percentages by volume of the malt whiskey and of the other whiskey therein. The statement of age and percentage shall be in the following form: "The malt whiskey in this product is_---(years and/or months) old; .--% malt whiskey, --- --% other whiskey, (years and/or months) old." If the product is composed of malt whiskey and neutral spirits, there shall be stated the age of the youngest malt whiskey, together with the percentage by volume of malt whiskey and the percentage by volume of neutral spirits. Such statement shall be in the following form: "The malt whiskey in this product is------ (years and/or months) old; ‒‒‒‒‒‒% malt whiskey, -----% neutral spirits (continuing in accordance with the requirements of § 5.38 (a) to state the commodity from which the neutral spirits is derived)." [As amended July 20, 1936, 1 F.R. 865]

(d) Other distilled spirits. Age, maturity, or similar statements or representations as to neutral spirits, gin, liqueurs, cordials, vodka, cocktails, gin fizzes, highballs, bitters, and specialties are misleading and are prohibited from being stated on any label.

(e) Miscellaneous age representations. (1) If the age of any product for which age is required to be stated is in excess of 1 year, months in excess of a year may be omitted, and if the age is less than month, the age shall be stated as "Less than one month" in lieu of (years and/or months)."

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(2) Age may be understated but may not be overstated.

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(3) Any permissive additional statements as to age shall appear on the same labels as the required statements and only in direct conjunction therewith and in substantially the same size and kind of print. Any such additional permissive statements as to age not in direct conjunction with the required statements are prohibited, and all statements as to age other than the required statements, the additional permissive statements, and the optional statements for distilled spirits are prohibited. Additional permissive age and percentage statements shall not be given prominence, either by position or color over required age and percentage statements.

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