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of arms, crest, or insignia is associated, are prohibited on any label of distilled spirits.

(f) Curative and therapeutic effects. Labels shall not contain any statement, design, or device representing that the use of any distilled spirits has curative or therapeutic effects if such statement is untrue in any particular or tends to create a misleading impression.

(g) Individual coverings and cartons. Individual coverings, cartons, or other containers of bottled distilled spirits, or any written, printed, graphic, or other matter accompanying the bottle shall not contain any statement or any graphic, pictorial, or emblematic representation or other matter which is prohibited from appearing on any label or bottle of distilled spirits.*7

OF BOTTLED

REQUIREMENTS FOR WITHDRAWAL FROM CUSTOMS CUSTODY

IMPORTED DISTILLED SPIRITS

5.45 Label approval and release-(a) Application. On or after August 15, 1936, bottled distilled spirits shall not be released from customs custody for consumption, except pursuant to procedure and form prescribed by S8 5.75, 5.46.

(b) Affidavit. No bottled distilled spirits 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 Distilled Spirits" (Form L. 3), which document shall be properly filled out and sworn to by the importer or transferee in bond, covering the particular brand or lot of distilled spirits 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 Distilled Spirits” (Form L. 2). Such certificate shall be issued by the Administrator upon application made on the form designated “Application for Approval of Labels for Distilled Spirits Imported in Bottles" (Form L. 1), properly filled out and certified to by the importer or transferee in bond.

(c) Release. If the "Affidavit for Release of Distilled Spirits” (Form L. 3) is accompanied by the original or a photostatic copy of the “Certificate of Label Approval and Release for Imported Distilled Spirits" (Form L. 2) the certificate of which bears the signature of the officer designated by the Administrator, then the brand or lot of bottled distilled spirits bearing labels identical with those shown on the original or a photostatic copy may be released from customs custody.

(d) Relabeling. Distilled spirits in customs custody which are 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 distilled spirits are located.21 [As amended Feb. 29, 1936, 1 F.R. 103]**

21

Copies of the forms mentioned may be secured from the Administration on request. Instructions to collectors of customs relating to imported distilled spirits are contained in the Administration's circular of August 6, 1936 (FA-64). Page 58

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

5.46 Certificates of origin and age. (a) Scotch, Irish, and Canadian whiskeys, in bottles, whether blended or unblended, imported on or after August 15, 1936, shall not be released from customs custody for consumption unless the invoice is accompanied by a certificate of origin issued by a duly authorized official of the British, Irish, or Canadian Governments, certifying (1) that the particular distilled spirits are Scotch, Irish, or Canadian whiskey, as the case may be, (2) that the distilled spirits have been manufactured in compliance with the laws of the respective foreign governments regulating the manufacture of the whiskey for home consumption, and (3) that the product conforms to the requirements of the Immature Spirits Act of such foreign government for spirits intended for home consumption. [As amended Feb. 29, 1936, 1 F.R. 103]

(b) If the label of any Scotch, Irish, or Canadian whiskey, whether blended or unblended, imported in bottles on or after August 15, 1936, contains any statement of age for Scotch or Irish whiskey in excess of 3 years, or Canadian whiskey in excess of 2 years, the whiskey shall not be released from customs custody unless accompanied by a certificate issued by a duly authorized official of the appropriate foreign government certifying that none of the distilled spirits in the bottle are of an age less than that stated on the label. The age certified shall be the period during which, after distillation and before bottling, the distilled spirits have been kept in oak containers. [As amended Feb. 29, 1936, 1 F.R. 103]

(c) If the label of any rum, brandy, or cognac, imported in bottles on or after August 15, 1936, contains any statement of age, the rum, brandy, or cognac shall not be released from customs custody unless accompanied by a certificate issued by a duly authorized official of the Government of the foreign country in which the rum, brandy, or cognac was produced, certifying that none of the distilled spirits in the product are of an age less than that stated on the label. The age certified shall be the period during which, after distillation and before bottling, the distilled spirits have been kept in oak containers. Cognac in bottles, imported on or after August 15, 1936, shall not be released from customs custody unless the invoice is accompanied by a certificate issued by a duly authorized official of the appropriate foreign government, certifying that the product is grape brandy distilled in the Cognac Region of France and entitled to be designated as “Cognac” by the_laws and regulations of the French Government. As amended Feb. 29, 1936, 1 F.R. 103]

(d). Whiskey (as defined in $ 5.21, paragraph (b), Class 2) and American type whiskeys, imported on or after August 15, 1936, shall not be released from customs custody in bottles unless there is presented at the time of entry or at the time of request for release, a certificate issued by a duly authorized official of the appropriate foreign government certifying:

(1) In case of straight whiskey, (i) the class and type (such as straight whiskey, straight rye whiskey, straight bourbon whiskey, etc.) thereof, (ii) the American proof at which distilled, (iii) that no neutral spirits or other whiskey has been added as a part thereof or included therein, whether or not for the purpose of replacing

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outage, (iv) the age of the whiskey, and (v) the type of container in which such age was acquired (whether new or re-used, also whether charred or uncharred);

(2) In case of whiskey and the distinctive types of whiskey, (i) the class and type (such as whiskey, rye whiskey, bourbon whiskey, etc.), (ii) the American proof at which distilled, (iii) that no neutral spirits has been added as a part thereof or included therein, whether or not, for the purpose of replacing outage, (iv) the age of the whiskey, and (v) the type of container in which such age was acquired (whether new or reused, also whether charred or uncharred);

(3) In case of blended whiskey, (i) the class and type (such as blended whiskey, blended rye whiskey, blended bourbon whiskey, etc.), (ii) the percentage of straight whiskey, or any distinctive type thereof, used in the blend, (iii) the American proof at which the straight whiskey was distilled, (iv) the percentage of other whiskey, if any, in the blend, (v) the percentage of neutral spirits, if any, in the blend, and the name of the commodity from which distilled, (vi) the age of the straight whiskey and the age of the other whiskey, if any, in the blend, and (vii) the type of containers in which such age or ages were acquired (whether new or re-used, also whether charred or uncharred). [As amended Feb. 28, 1938, 3 F.R. 486]*+

REQUIREMENTS FOR APPROVAL OF LABELS OF DOMESTICALLY BOTTLED

DISTILLED SPIRITS

5.50 Certificates of label approval. (a) No person shall bottle distilled spirits, other than distilled spirits in customs custody, or remove such spirits from his bottling plant unless upon application to the Administrator he has obtained, and has in his possession, a “Certificate of Approval of Labels of Domestically Bottled Distilled Spirits” (Form L. 5), covering such distilled spirits. Such certificate of label approval shall be issued by the Administrator upon application made on the form designated “Application for Approval of Labels of Domestically Bottled Distilled Spirits” (Form L. 4), properly filled out and certified to by the permittee.

(b) Ăny bottler of distilled spirits shall be exempt from the requirements of $$ 5.50–5.53 if upon application he shows to the satisfaction of the Administrator that the distilled spirits to be bottled by him are not to be sold, offered for sale, or shipped or delivered for shipment, or otherwise introduced in interstate or foreign commerce. A "Certificate of Exemption from Label Approval for Distilled Spirits” (Form L. 7) shall be issued by the Administrator upon application made on the form designated “Application for Exemption from Distilled Spirits Label Approval” (Form L. 6), properly filled out and certified to by the permittee.22**

22

Copies of the forms mentioned may be secured from the Administration on request. On April 23, 1937, the Administrator issued a blanket certificate of label approval to cover strip labels, containing only the mandatory age statement, for use in connection with approved brand labels (FA-102) and a similar blanket certificate for identification stamps required by State law to be

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

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5.51 Certificates of age and origin. (a) Scotch, Irish, and Canadian whiskeys, whether blended or unblended, imported in bulk on or after August 15, 1936, and bottled in the United States, shall not be labeled as Scotch, Irish, or Canadian whiskeys respectively, unless the bottler possesses a certificate of origin issued by a duly authorized official of the British, Irish, or Canadian governments, certifying (1) that the particular distilled spirits are Scotch, Irish, or Canadian whiskey, as the case may be, (2) that the distilled spirits have been manufactured in compliance with the laws of the respective foreign governments regulating the manufacture of the whiskey for home consumption, and (3) that the product conforms to the requirements of the Immature Spirits Act of such foreign government for spirits intended for home consumption. [As amended Feb. 29, 1936, 1 F.R. 1037

(b) If any Scotch, Irish, or Canadian whiskey, whether blended or unblended, is imported in bulk on or after August 15, 1936, and bottled in the United States, no statement shall appear on the label thereof representing the age of such Scotch or Irish whiskey to be in excess of 3 years, or Canadian whiskey in excess of 2 years, unless the permittee authorized to bottle such distilled spirits possesses a certificate for such distilled spirits issued by a duly authorized official of the appropriate foreign government certifying as to age of such whiskey. The age certified shall be the period during which, after distillation and before bottling, the distilled spirits have been kept in oak containers. [As amended Feb. 29, 1936, i F.R. 103]

(c) If any rum or brandy is imported in bulk on or after August 15, 1936, and bottled in the United States, no statement of age shall appear on the labels of such rum or brandy, unless the permittee authorized to bottle such distilled spirits possesses a certificate issued by a duly authorized official of the government of the foreign country in which the rum or brandy was produced, certifying as to the age of such rum or brandy. The age certified shall be the period during which, after distillation and before bottling, the distilled spirits have been kept in oak containers. Brandy imported in bulk on or after August 15, 1936, and bottled in the United States, shall not be labeled as “Cognac" unless the permittee authorized to bottle such distilled spirits possesses a certificate issued by a duly authorized official of the appropriate foreign government, certifying that the product is grape brandy distilled in the Cognac Region of France and entitled to be designated as “Cognac” by the laws and regula

placed upon containers of distilled spirits sold at retail in that State, provided that such stamps contain no material prohibited by the provisions of this part (FA-103). In the Administration's circular of Feb. 28, 1936, prescribing the form of the “government” label (see note to § 5.32 (c)), the Administrator ruled that no application for certificates of label approval need be filed to cover the “government” label for use on domestically bottled distilled spirits other than highballs, cocktails, gin fizzes, specialty products, imitation products, and products for which no standard of identity is prescribed in this part, unless the “government” label is superimposed upon a label bearing other material. (FA41, Part IV.) The prescribed form of certificates of exemption from label approval provides that they may be used only for products bearing the statement “For intrastate sale”. (Fed. Alc. Adm. Form L-7, FA-91).

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tions of the French government. [As amended Feb. 29, 1936, 1 F.R. 103]

(d) Distilled spirits imported in bulk on or after August 15, 1936, and bottled in the United States with or without taxable rectification, shall not be labeled as whiskey (as defined in $ 5.21, Class 2), or as any type of American whiskey, unless the permittee authorized to bottle such distilled spirits possesses a certificate for such whiskey issued by a duly authorized official of the appropriate foreign government certifying:

(1) In case of straight whiskey: (i) the class and type (such as straight whiskey, straight rye whiskey, straight bourbon whiskey, etc.) thereof; (ii) the American proof at which distilled; (iii) that no neutral spirits or other whiskey has been added as a part thereof or included therein, whether or not for the purpose of replacing outage; (iv) the age of the whiskey; and (v) the type of container in which such age was acquired (whether new or re-used, also whether charred or uncharred);

(2) In case of whiskey and the distinctive types of whiskey: (i) the class and type (such as whiskey, rye whiskey, bourbon whiskey, etc.); (ii) the American proof at which distilled; (iii) that no neutral spirits has been added as a part thereof or included therein, whether or not for the purpose of replacing outage; (iv) the age of the whiskey; and (v) the type of container in which such age was acquired (whether new or re-used, also whether charred or uncharred);

(3) In case of blended whiskey: (i) the class and type (such as blended whiskey, blended rye whiskey, blended bourbon whiskey, etc.); (ii) the percentage of straight whiskey, or any distinctive type thereof, used in the blend; (iii) the American proof at which the straight whiskey was distilled; (iv) the percentage of other whiskey, if

any, in the blend; (v) the percentage of neutral spirits, if any, in the blend, and the name of the commodity from which distilled; (vi) the

age of the straight whiskey and the age of the other whiskey, if any, in the blend; and (vii) the type of containers in which such age or ages were acquired (whether new or re-used, also whether charred or uncharred); and unless the labels are in all particulars consistent with the facts stated in the certificate. [As amended Feb. 28, 1938, 3 F.R. 486]**

5.52 Exhibiting certificates to Government officials. Any bottler 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.**

5.53 Photoprints. Photoprints or other reproductions of certificates of label approval or certificates of exemption are not acceptable, for the purposes of this article, 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, issue duplicate originals of certificates of label approval or certificates of exemption if distilled spirits under the same brand are bottled at more than one plant by the same permittee, and if the necessity for the duplicate original is shown and there is listed with

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

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