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(c) Use of word "bonded”, etc. The words "bonded", "bottled in bond”, “aged in bond”, “bonded age”, “bottled under customs supervision”, or phrases containing these or synonymous terms which imply governmental supervision over production, bottling, or packing, shall not be used on any label for malt beverages.

(d) 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 statement, seal, flag, coat of arms, crest, or insignia is associated, are prohibited on any label of malt beverages.

(e) Curative and therapeutic effects. Labels shall not contain any statement, design, or device representing that the use of

any

inalt beverage has curative or therapeutic effects, if such statement is untrue in any particular or tends to create a misleading impression.

(f) Use of words “strong”, “full strength”, and similar words. Labels shall not contain the words “strong", "full strength”, strength”, “high test”, “high proof”, “pre-war strength", "full oldtime alcoholic strength”, or similar words or statements, likely to be considered as statements of alcoholic content, except where required by State law.

(g) Use of numerals. Labels shall not contain any statements, designs, or devices whether in the form of numerals, letters, characters, figures, or otherwise, which are likely to be considered as statements of alcoholic content, unless required by State law.

(h) Coverings, cartons, or cases. Individual coverings, cartons, cases, or other wrappers of containers of malt beverages, used for sale at retail, 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 malt beverages.*+

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REQUIREMENTS FOR WITHDRAWAL OF IMPORTED MALT BEVERAGES

FROM CUSTOMS CUSTODY

7.30 Application. Sections 7.30, 7.31 shall apply to withdrawals of malt beverages from customs custody only in the event that the laws or regulations of the State in which such malt beverages are withdrawn for consumption require that all malt beverages sold or otherwise disposed of in such State be labeled in conformity with the requirements of $$ 7.20–7.29.**

7.31 Label approval and release-(a) Application. On or after December 15, 1936, imported malt beverages shall not be released from customs custody for consumption, except pursuant to the procedure and forms prescribed by $$ 7.30, 7.31.

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**For statutory and source citations, see note to $ 7.20.

(b) Affidavit. No imported malt beverages 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 Malt Beverages” (Form L. 22), which document shall be properly filled out and sworn to by the importer or transferee in bond, covering the particular brand' or lot of malt beverages 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 Malt Beverages" (Form L. 21). Such certificate shall be issued by the Administrator, upon application made on the form designated “Application for Approval of Labels for Imported Malt Beverages" (Form L. 20), properly filled out and certified to by the importer or transferee in bond

(c) Release. If the "Affidavit for Release of Imported Malt Beverages” (Form L. 22) is accompanied by the original or a photostatic copy of the “Certificate of Label Approval and Release for Imported Malt Beverages" (Form L. 21), the certificate of which bears the signature of the officer designated by the Administrator, then the brand or lot of malt beverages bearing labels identical with those shown on the original or a photostatic copy may be released from customs custody.

(d) Relabeling. Imported malt beverages 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 malt beverages are located.****

REQUIREMENTS FOR APPROVAL OF LABELS OF MALT BEVERAGES

DOMESTICALLY BOTTLED OR PACKED

7.40 Application. Sections 7.40–7.42 shall apply only to persons bottling or packing malt beverages (other than malt beverages in customs custody) for shipment, or delivery for sale or shipment, into a State, the laws or regulations of which require that all malt beverages sold or otherwise disposed of in such State be labeled in conformity with the requirements of SS 7.20–7.29.**

Cross REFERENCE: For requirements of the Food and Drug Administration regarding alcoholic substances required to be stated on the label, see 21 CFR 1.55, 1.56.

7.41 Certificates of label approval. No person shall bottle or pack malt beverages, or remove such malt beverages 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 Malt Beverages Domestically Bottled or Packed” (Form L. 24) covering such malt beverages. Such certificate of label approval shall be issued by the Administrator upon application made on the form designated “Application for Approval of Labels of Malt

20 Copies of forms mentioned may be secured from the Administration on request.

**For statutory and source citations, see note to $ 7.20.

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Beverages Domestically Bottled or Packed” (Form L. 23), properly filled out and certified to by the applicant.30**

7.42 Exhibiting certificates to Government officials. Any bottler or packer holding an original or duplicate original of a certificate of label approval shall, upon demand, exhibit such certificate to a duly authorized representative of the United States Government or any duly authorized representative of a State or political subdivision thereof.**

ADVERTISING OF MALT BEVERAGES

7.50 Application. No person engaged in business as a brewer, wholesaler, or importer, of malt beverages, 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 malt beverages 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 $87.50–7.54: Provided, That $8 7.50–7.54 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 $8_7.50–7.54 shall apply to advertisements of malt beverages intended to be sold or shipped or delivered for shipment, or otherwise introduced into or received in any State from any place outside thereof, only to the extent that the laws of such State impose similar requirements with respect to advertisements of malt beverages manufactured and sold or otherwise disposed of in such State: And provided further, That $$ 7.50–7.54 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 brewer, wholesaler, bottler, or importer, of malt beverages, directly or indirectly, or through an affiliate.**

7.51 Definitions. As used in $$ 7.50–754–

The term “advertisement” includes any advertisement of malt beverages 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 malt beverages; or any coverings, cartons or cases of containers of malt beverages used for sale at retail, or any written, printed, graphic, or other matter accompanying the container which constitutes a part of the labeling under $$ 7.20–7.29.

30

Copies of the forms mentioned may be secured from the Administration on request. During flood emergency of 1937 brewers were permitted to have their products made by others if they used additional labels bearing the statement “Manufactured and bottled for us during the flood emergency by (name and address of brewer)” or similar statement (FA-93).

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**For statutory and source citations, see note to $ 7.20.

(b) Any editorial or other reading matter in any periodical or publication or newspaper for the publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any person engaged in business as a brewer, wholesaler, or importer, of malt beverages.**

7.52 Mandatory statements-(a) Responsible advertiser. The advertisement shall state the name and address of the brewer, bottler, packer, wholesaler, or importer responsible for its publication or broadcast. Street number and name may be omitted in the address.

(b) Class. The advertisement shall contain a conspicuous statement of the class to which the product belongs, corresponding to the statement of class which is required to appear on the label of the product.**

7.53 Legibility of requirements. Statements required under 88 7.50–7.54 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. **

7.54 Prohibited statements. (a) An advertisement of malt beverages 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 malt beverages are brewed, made, bottled, packed, labeled, or sold under, or in accordance with, any municipal, State, or Federal authorization, law, or regulation; and if a municipal or State permit number is stated, the permit number shall not be accompanied by any additional statement relating thereto.

(7) The words “bonded", "bottled in bond", "aged in bond”, "bonded age”, “bottled under customs supervision", or phrases containing these or synonymous terms which imply governmental supervision over production, bottling, or packing:

(b) Statements inconsistent with labeling. The advertisement shall not contain any statement concerning a brand or lot of malt beverages that is inconsistent with any statement on the labeling thereof.

(c) Alcoholic content. The advertisement shall not contain any statement of alcoholic content, or any statement of the percentage and quantity of the original extract, or any numerals, letters, characters, or figures, likely to be considered as designations of alcoholic content.

**For statutory and source citations, see note to $ 7.20.

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(d) Class. (1) No product containing less than one-half of 1 per centum of alcohol by volume shall be designated in any advertisement as “beer”, “lager beer”, “lager”, “ale”, “porter", or "stout", or by any other class or type designation commonly applied to fermented malt beverages containing one-half of 1 per centum or more of alcohol by volume.

(2) No product containing less than 5 per centum of alcohol by volume shall be designated in any advertisement as "ale", "porter", or "stout", or by any other class or type designation commonly applied to fermented malt beverages containing 5 per centum or more of alcohol by volume.

(e) Curative and therapeutic effects. The advertisement shall not contain any statement, design, or device representing that the use of any malt beverage has curative or therapeutic effects, if such statement is untrue in any particular, or tends to create a misleading impression.

(f) Confusion of brands. Two or more different brands or lots of malt beverages shall not be advertised in one advertisement (or in two or more advertisements in one issue of a periodical or a newspaper or in one piece of other written, printed, or graphic matter) if the advertisement tends to create the impression that representations made as to one brand or lot apply to the other or others, and if as to such latter the representations contravene any provision of $$ 7.50–7.54 or are in any respect untrue.

(g) 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 statement, seal, flag, coat of arms, crest, or insignia is associated, are prohibited.*

GENERAL PROVISIONS

7.60 Exports. This part shall not apply to malt beverages exported in bond.**

7.61 Effective date. Except as otherwise provided herein, this part is effective on and after the 15th day of December 1936.** INVESTMENT SECURITIES REGULATION: See Banks and Banking, 12

CFR Part 1. IRRIGATION AND RECLAMATION: See Public Lands: Interior, 43 CFR Parts

230–234, 401-404. IRRIGATION PROJECTS, INDIAN RESERVATIONS: See Indians, 25 CFR

Parts 91-132, 141-147, 151, 154. JOINT BOARD PROCEDURE, MOTOR CARRIER ACT, 1935: See Transporta

tion and Railroads, 49 CFR Part 6. JOINT STOCK LAND BANKS: See Agricultural Credit, 6 CFR Part 14.

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**For statutory and source citations, see note to $ 7.20.

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