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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.
(h) 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 in a particular locality or viticultural area, shall appear 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.
(i) Use of the word "Importer” or similar words. The word "Importer” or similar words shall not be stated except as part of the bona fide name of a permittee by or for whom, or of a retailer for whom, such wine is bottled or packed: Provided, That in all cases where such words are used as part of such name, there shall be stated the words “Product of the United States", or similar words to negative any impression that the product is imported, and such negative statements shall
appear in the same size and kind of printing as such name. (j) Curative and therapeutic effects. The advertisement 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.
(k) Confusion of brands. Two or more different brands or lots of wine shall not be advertised in one advertisement (or in two or more advertisements in one issue of a periodical or 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 88 4.60 4.64 or are in any respect untrue.*+
4.70 Exports. This part shall not apply to wine exported in bond. +
4.71 Effective dates. Sections 4.1, 4.20-4.25, 4.60 4.64, except as otherwise provided, are effective on and after May 1, 1936. Sections 4.30-4.39, 440, 4.50–4.52, except as otherwise provided, are effective on and after December 15, 1936.** [As amended Feb. 29, 1936, 1 F.R. 90]
**For statutory and source citations, see note to 8 4.20.
PART 5-LABELING AND ADVERTISING OF DISTILLED
Sec. 5.1 Deiinitions.
Requirements for Approval of Standards of Identity for Distilled
Labels of Domestically Bottled Spirits
Distilled Spirits 5.20 Application of standards.
5.50 Certificates of label approval. 5.21 The standards of identity.
5.51 Certificates of age and origin. Labeling Requirements for Dis- 5.52 Exhibiting certificates to Governtilled Spirits
ment oficials. 5.30 General.
5.53 Photoprints. 5.31 Misbranding.
Advertising of Distilled Spirits 5.32 Mandatory label information.
5.60 Application. 5.33 Brand names.
5.61 Definitions. 5.34 Class and type.
5.62 Mandatory statements. 5.35 Name and address. 5.36 Alcoholic content.
5.63 Lettering. 5.37 Net contents.
5.64 Prohibited statements. 5.38 Presence of neutral spirits and Standards of will for Bottled Dis
coloring, flavoring, and blending tilled Spirits
5.70 Application. 5.39 Statements of age and percent
5.71 Misbranding. age. 5.40 General requirements.
5.72 Standard liquor bottles. 5.41 Prohibited practices.
5.73 Standards of All.
5.74 Vintage spirits.
5.80 Exports. 5.45 Label approval and release. 5.81 Applicability of other regulations 5.46 Certificates of age and origin. 5.82 Effective dates.
Regulations relating to the labeling and advertising of wine: See Part 4. Regulations relating to the labeling and advertising of malt beverages : See
Part 7. Bureau of Customs proof of distilled spirits : See Customs Duties, 19 CFR
24.15. Bureau of Customs regulations concerning forfeiture and disposal of alcoholic
liquors: See Customs Duties, 19 CFR 21.7. Bureau of Customs regulations concerning marking and stamping of spirits,
wines, malt liquors, and alcoholic fruit juices in casks and similar containers:
See Customs Duties, 19 CFR 9.7. Bureau of Customs regulations relating to insular possessions; shipments of
spirits and wines withdrawn from warehouses: See Customs Duties, 19 CFR
5.2-5.10. Bureau of Customs regulations relating to regauging of distilled spirits upon
withdrawal for exportation: See Customs Duties, 19 CFR 6.50. Bureau of Customs regulations with respect to exemption accorded returning
residents relating to the importation of wine, distilled spirits, malt liquors :
See Customs Duties, 19 CFR 8.20. Collection of internal revenue tax on intoxicating liquors, denatured alcohol,
and articles containing denatured alcohol, coming into the United States from the Philippine Islands, the Virgin Islands, and Puerto Rico: See
Internal Revenue, 26 CFR Part 180. Disposition of substances used in the manufacture of distilled spirits, de
natured alcohol, denatured rum, and substances or preparations containing denatured rum, or denatured alcohol: See Internal Revenue, 26 CFR Parts
173, 174. Drawback on distilled spirits bottled especially for export: See Internal
Revenue, 26 CFR Part 176.
Provisions regarding reduced customs rates on whiskey aged in wood four
years or more classified as an article for institutions: See Customs Duties,
19 CFR 8.57. Traffic in containers of distilled spirits: See Internal Revenue, 26 CFR Part
175. Transfer of or succession to special tax stamps under the internal revenue
laws pertaining to alcoholic liquors: See Internal Revenue, 28 CFR Part 179. Use by customs' appraisers of conventional gauges for distilled spirits imported in bottles : See Customs Duties, 19 CFR 12.4. Section 5.1 Definitions. As used in this part
(a) The term "Act" means the Federal Alcohol Administration Act.
(b) The term “Administration" means the Federal Alcohol Administration.
(c) The term "Administrator" means the head of the Federal Alcohol Administration.
(d) The term “permittee” means any person holding a basic permit under the Federal Alcohol Administration Act.
(e) The term "distilled spirits” means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use.
(f) The term "bottle” means any container, irrespective of the material from which made, used for the sale of distilled spirits at retail.
(g) The term "in bulk” means in containers having a capacity in excess of one wine gallon.
(h) The term "gallon" means United States gallon of 231 cubic inches of alcoholic beverage at 68° F. (20° C.). All other liquid measures used are subdivisions of the gallon as so defined.
(i) The term "brand label” means the label carrying, in the usual distinctive design, the brand name of the distilled spirits.
(j)' The term "age” means the period during which, after distillation and before bottling, distilled spirits have been kept in oak containers, charred if for a whiskey of American type other than corn whiskey, straight corn whiskey, blended corn whiskey, or a blend of straight corn whiskeys. In the case of American type whiskeys produced on or after July 1, 1936, other than corn whiskey, straight corn whiskey, blended corn whiskey, and blends of straight corn whiskey “age” means the period during which the whiskey has been kept in charred new oak containers.
(k) The term “United States” means the several States and Territories and the District of Columbia; the term “State" includes a Territory and the District of Columbia; and the term "Territory" means Alaska, Hawaii, and Puerto Rico.
(1) The term “interstate or foreign commerce" means commerce between any State and any place outside thereof, or commerce within any Territory or the District of Columbia, or between points within the same State but through any place outside thereof.
(m) The term “person" means any individual, partnership, joint stock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating
agent and including an officer or employee of any agency of a State or political subdivision thereof; and the term "trade buyer" means any person who is a wholesaler or retailer.
(n) Any other term defined in the Federal Alcohol Administration Act and used herein shall have the same meaning assigned to it by such Act.8a (Sec. 2 (d), 49 Stat. 977; 27 U.S.C. Sup. I, 202 (d): interprets sec. 17 (a), 49 Stat. 989; 27 U.S.C., Sup., 211 (a)) [Art. I, Regs. 5, Fed. Alc. Adm., Jan. 18, 1936, as amended July 8, 1936, 1 F.R. 757]
STANDARDS OF IDENTITY FOR DISTILLED SPIRITS
5.20 Application of standards. The standards of identity for the several classes and types of distilled spirits set forth herein shall be applicable to all regulations and permits issued under the Act. Whenever any term for which a standard of identity has been established herein is used in any such regulation or permit, such term shall have the meaning assigned to it by such standard of identity.**
*$$ 5.20 to 5.82, inclusive, issued under the authority contained in sec. 2 (d), 49 Stat. 977; 27 U.S.C., Sup. I, 202 (d): interpret sec. 5 (e), (f), 49 Stat. 982, 984, as amended by sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat. 1965, 1966; 27 U.S.C., Sup., 205 (e), (f).
+In $$ 5.20 to 5.82, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Regs. 5, Fed. Alc. Adm., Jan. 18, 1936. Amendments are noted in brackets following paragraphs or sections affected.
5.21 The standards of identity. Standards of identity for the several classes and types of distilled spirits set forth herein shall be as follows:
(a) Class 1. Neutral spirits or alcohol. “Neutral spirits" or Salcohol" are distilled spirits distilled from any material at or above 190° proof, whether or not such proof is subsequently reduced.
(b) Class 2. Whiskey. “Whiskey” is an alcoholic distillate from a fermented mash of grain distilled at less than 190° proof in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to whiskey, and withdrawn from the cistern room of the distillery at not more than 110° and not less than 80° proof, whether or not such proof is further reduced prior to bottling to not less than 80° proof; and also includes mixtures of the foregoing distillates for which no specific standards of identity are prescribed herein. Those types of whiskey specified in (1)-(10) of this paragraph shall be deemed “American type” whiskeys. [As amended Feb. 28, 1938, 3 F.R. 486]
(1) “Rye whiskey", "bourbon whiskey”, “wheat whiskey", “malt whiskey", or "rye malt whiskey” is whiskey which has been distilled at 'not exceeding 160° proof from a fermented mash of not less than 51 percent rye grain, corn grain, wheat grain, malted barley
8a The Administration from time to time has issued circulars construing or applying the various provisions of this part. In view of the fact that these circulars do not have the effect of amending or modifying the regulations they are only cited in the codification where they may be of unusual interest. Among the circulars are a digest of interpretations of Regulations No. 5, Relating to the Labeling and Advertising of Distilled Spirits, dated January, 1937 (FA-91) and Supplement No. 1 thereto, January to October, 1937 (FA-123). Copies of these circulars may be obtained from the Administration upon request. Page 36
grain or malted rye grain, respectively, and, if produced on or after March 1, 1938, stored in charred new oak containers, and also includes mixtures of such whiskeys where the mixture consists exclusively of whiskeys of the same type. “Corn whiskey” is whiskey which has been distilled at not exceeding 160° proof from a fermented mash of not less than 80 percent corn grain, stored in uncharred oak containers or reused charred oak containers, and not subjected, in the process of distillation or otherwise, to treatment with charred wood, and also includes mixtures of such whiskey. [As amended Feb. 28, 1938, 3 F.R. 486]
(2) "Straight whiskey” is an alcoholic distillate from a fermented mash of grain distilled at not exceeding 160° proof and withdrawn from the cistern room of the distillery at not more than 110° and not less than 80° proof, whether or not such proof is further reduced prior to bottling to not less than 80° proof, and is
(i) Aged for not less than 12 calendar months if bottled on or after July 1, 1936, and before July 1, 1937; or
(ii) Aged for not less than 18 calendar months if bottled on or after July 1, 1937, and before July 1, 1938; or
(iii) Aged for not less than 24 calendar months if bottled on or after July 1, 1938.
The term “straight whiskey", also includes mixtures of straight whiskey which, by reason of being homogeneous, are not subject to the rectification tax under the internal-revenue laws.
(3) "Straight rye whiskey” is straight whiskey distilled from a fermented mash of grain of which not less than 51 percent is rye grain.
(4) (i) “Straight bourbon whiskey” is straight whiskey distilled from a fermented mash of grain of which not less than 51 percent is corn grain.
(ii) “Straight corn whiskey” is straight whiskey distilled from a fermented mash of grain of which not less than 80 percent is corn grain, aged for the required period in uncharred oak containers or reused charred oak containers, and not subjected, in the process of distillation or otherwise, to treatment with charred wood. [As amended Feb. 28, 1938, 3 F.R. 486]
(5) "Straight wheat whiskey” is straight whiskey distilled from a fermented mash of grain of which not less than 51 percent is wheat grain.
(6) "Straight malt whiskey" and "straight rye malt whiskey" are straight whiskey distilled from a fermented mash of grain of which not less than 51 percent of the grain is malted barley or malted rye, respectively.
(7). "Blended whiskey" (whiskey-a blend) is a mixture which contains at least 20 percent by volume of 100° proof straight whiskey and, separately or in combination, whiskey or neutral spirits, if such mixture at the time of bottling is not less than 80° proof.
(8) "Blended rye whiskey" (rye whiskey—a blend), "blended bourbon whiskey" (bourbon whiskey-a blend), "blended corn whiskey" (corn whiskey-a blend), “blended wheat whiskey" (wheat whiskey -a blend), "blended malt whiskey" (malt whiskey—a blend) or