27 CFR Part 4 — Labeling and Advertising of Wine

PART 4—LABELING AND ADVERTISING OF WINE Authority: 27 U.S.C. 205, unless otherwise noted. Source: T.D. 6521, 25 FR 13835, Dec. 29, 1960, unless otherwise noted. Editorial Note: Nomenclature changes to part 4 appear by T.D. ATF-425, 65 FR 11890, Mar. 7, 2000. Subpart A—Scope § 4.1 General. The regulations in this part relate to the labeling and advertising of wine. § 4.2 Territorial extent. This part applies to the several States of the United States, the District of Columbia, and Puerto Rico. § 4.3 Forms prescribed. (a) The appropriate TTB officer is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, information called for in each form shall be furnished as required by this part. The form will be filed in accordance with the instructions for the form. (b) Forms prescribed by this part are available for printing through the TTB Web site ( https://www.ttb.gov [T.D. ATF-92, 46 FR 46911, Sept. 23, 1981, as amended by T.D. ATF-249, 52 FR 5955, Feb. 27, 1987; T.D. 372, 61 FR 20723, May 8, 1996; T.D. ATF-425, 65 FR 11890, Mar. 7, 2000; T.D. TTB-44, 71 FR 16920, Apr. 4, 2006; T.D. TTB-196, 89 FR 87935, Nov. 6, 2024] § 4.4 Delegations of the Administrator. Most of the regulatory authorities of the Administrator contained in this part are delegated to appropriate TTB officers. These TTB officers are specified in TTB Order 1135.4, Delegation of the Administrator's Authorities in 27 CFR Part 4, Labeling and Advertising of Wine. You may obtain a copy of this order by accessing the TTB Web site ( https://www.ttb.gov [T.D. TTB-44, 71 FR 16920, Apr. 4, 2006, as amended by T.D. TTB-196, 89 FR 87935, Nov. 6, 2024] § 4.5 Related regulations. The following regulations also relate to this part: 7 CFR Part 205—National Organic Program 27 CFR Part 1—Basic Permit Requirements Under the Federal Alcohol Administration Act, Nonindustrial Use of Distilled Spirits and Wine, Bulk Sales and Bottling of Distilled Spirits 27 CFR Part 5—Labeling and Advertising of Distilled Spirits 27 CFR Part 7—Labeling and Advertising of Malt Beverages 27 CFR Part 9—American Viticultural Areas 27 CFR Part 12—Foreign Nongeneric Names of Geographic Significance Used in the Designation of Wines 27 CFR Part 13—Labeling Proceedings 27 CFR Part 16—Alcoholic Beverage Health Warning Statement 27 CFR Part 24—Wine 27 CFR Part 26—Liquors and Articles From Puerto Rico and the Virgin Islands 27 CFR Part 27—Importation of Distilled Spirits, Wines, and Beer 27 CFR Part 28—Exportation of Alcohol 27 CFR Part 71—Rules of Practice in Permit Proceedings [T.D. ATF-483, 67 FR 62857, Oct. 8, 2002, as amended by T.D. TTB-8, 69 FR 3829, Jan. 27, 2004; T.D. TTB-91, 76 FR 5476, Feb. 1, 2011] § 4.6 Wines covered by this part. The regulations in this part apply to wine containing not less than 7 percent and not more than 24 percent alcohol by volume. [T.D. TTB-158, 85 FR 18721, Apr. 2, 2020] § 4.7 Products produced as wine that are not covered by this part. Certain wine products do not fall within the definition of a “wine” under the Federal Alcohol Administration Act (FAA Act) and are thus not subject to this part. They may, however, also be subject to other labeling requirements. See 27 CFR parts 24 and 27 for labeling requirements applicable to “wine” as defined by the IRC. See 27 CFR part 16 for health warning statement requirements applicable to “alcoholic beverages” as defined by the Alcoholic Beverage Labeling Act. (a) Products containing less than 7 percent alcohol by volume. (b) Products containing more than 24 percent alcohol by volume. [T.D. TTB-158, 85 FR 18721, Apr. 2, 2020, as amended by T.D. TTB-196, 89 FR 87935, Nov. 6, 2024] Subpart B—Definitions § 4.10 Meaning of terms. As used in this part, unless the context otherwise requires, terms shall have the meaning ascribed in this part. Added brandy. Administrator. Advertisement. Alcohol. American. Appropriate TTB officer. Bottler. Brand label. Certificate of label approval (COLA). www.ttb.gov Container. Customs officer. Gallon. Interstate or foreign commerce. Liter or litre. (b) For purposes of regulation, one liter of wine is defined as that quantity (mass) of wine occupying a one-liter volume at 20 °Celsius (68 °F). Packer. Percent or percentage. Permittee. Person. Pure condensed must. Restored pure condensed must. Sugar. Total solids. Trade buyer. United States. Use of other terms. Wine. (2) Other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry, and sake, only if for nonindustrial use and containing not less than 7 percent and not more than 24 percent of alcohol by volume. [T.D. ATF-48, 43 FR 13532, Mar. 31, 1978, as amended by T.D. ATF-49, 43 FR 19848, May 9, 1978; T.D. ATF-53, 43 FR 37675, Aug. 23, 1978; 44 FR 55838, Sept. 29, 1979; T.D. ATF-66, 45 FR 40544, June 13, 1980; T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-299, 55 FR 24988, June 19, 1990; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000; T.D. TTB-44, 71 FR 16921, Apr. 4, 2006; T.D. TTB-91, 76 FR 5476, Feb. 1, 2011; T.D. TTB-145, 81 FR 94196, Dec. 22, 2016; T.D. TTB-158, 85 FR 18721, Apr. 2, 2020; T.D. TTB-196, 89 FR 87935, Nov. 6, 2024] Subpart C—Standards of Identity for Wine § 4.20 Application of standards. The standards of identity for the several classes and types of wine set forth herein shall be applicable to all regulations and permits issued under the Federal Alcohol Administration 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. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. TTB-196, 89 FR 87935, Nov. 6, 2024] § 4.21 The standards of identity. Standards of identity for the several classes and types of wine set forth in this part shall be as follows: (a) Class 1; grape wine Grape wine (2) Still grape wine may be ameliorated, or sweetened, before, during, or after fermentation, in a way that is consistent with the limits set forth in 26 U.S.C. 5383 for natural grape wine. (3) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide is 0.14 gram per 100 mL (20 degrees Celsius) for red wine and 0.12 gram per 100 mL (20 degrees Celsius) for other grape wine, provided that the maximum volatile acidity for wine produced from unameliorated juice of 28 or more degrees Brix is 0.17 gram per 100 mL for red wine and 0.15 gram per 100 mL for white wine. (4) Grape wine deriving its characteristic color or lack of color from the presence or absence of the red coloring matter of the skins, juice, or pulp of grapes may be designated as “red wine,” “pink (or rose) wine,” “amber wine,” or “white wine” as the case may be. Any grape wine containing no added grape brandy or alcohol may be further designated as “natural.” (5) Table wine (6) Dessert wine (b) Class 2; sparkling grape wine. Sparkling grape wine (2) Champagne (3)(i) A sparkling light wine having the taste, aroma, and characteristics generally attributed to champagne but not otherwise conforming to the standard for “champagne” may, in addition to but not in lieu of the class designation “sparkling wine,” be further designated as: (A) “Champagne style;” or (B) “Champagne type;” or (C) “American (or New York State, Napa Valley, etc.) champagne,” along with one of the following terms: “Bulk process,” “fermented outside the bottle,” “secondary fermentation outside the bottle,” “secondary fermentation before bottling,” “not fermented in the bottle,” or “not bottle fermented.” The term “charmat method” or “charmat process” may be used as additional information. (ii) Labels shall be so designed that all the words in such further designation are readily legible under ordinary conditions and are on a contrasting background. In the case of paragraph (b)(3)(i)(C) of this section, TTB will consider whether the label as a whole provides the consumer with adequate information about the method of production and origin of the wine. TTB will evaluate each label for legibility and clarity, based on such factors as type size and style for all components of the further designation and the optional term “charmat method” or “charmat process,” as well as the contrast between the lettering and its background, and the placement of information on the label. (iii) Notwithstanding the provisions of paragraphs (b)(3)(i)(A), (B) and (C) of this section, the appropriate TTB officer may authorize the use of a term on sparkling wine labels, as an alternative to those terms authorized in paragraph (b)(3)(i) of this section, but not in lieu of the required class designation “sparkling wine,” upon a finding that such term adequately informs the consumer about the method of production of the sparkling wine. (4) Crackling wine, petillant wine, frizzante wine (c) Class 3; carbonated grape wine. “Carbonated grape wine” “carbonated wine,” “carbonated red wine,” “carbonated white wine” (d) [Reserved] (e) Class 5; fruit wine. (1) Fruit wine is wine produced by the normal alcoholic fermentation of the juice of sound, ripe fruit (including restored or unrestored pure condensed fruit must) other than grapes, with or without the addition, after fermentation, of pure condensed fruit must and, with or without added spirits of the type authorized for natural wine under 26 U.S.C. 5382, but without other addition or abstraction except as may occur in cellar treatment of the type authorized for natural wine under 26 U.S.C. 5382. (2) Fruit wine may be ameliorated, or sweetened, before, during, or after fermentation, in a way that is consistent with the limits set forth in 26 U.S.C. 5384 for natural fruit wine. (3) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for fruit wine that does not contain added brandy or wine spirits, more than 0.14 gram, and for other fruit wine, more than 0.12 gram, per 100 milliliters (20 degrees Celsius). (4) Any fruit wine containing no added grape brandy or alcohol may be further designated as “natural.” (5) Berry wine (6) Fruit table wine berry table wine (7) Fruit dessert wine berry dessert wine (8) Fruit wine derived wholly (except for sugar, water, or added alcohol) from one kind of fruit shall be designated by the word “wine” qualified by the name of such fruit, e.g., (f) Class 6; wine from other agricultural products. Provided, (ii) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for natural wine of this class, more than 0.14 gram, and for other wine of this class, more than 0.12 gram, per 100 milliliters (20 °C.). (iii) Wine of this class containing no added alcohol or other spirits may be further designated as “natural”. (2) Table wine (3) Dessert wine (4) Raisin wine (5) Sake (6) Wine of this class derived wholly (except for sugar, water, or added alcohol) from one kind of agricultural product shall except in the case of “sake,” be designated by the word “wine” qualified by the name of such agricultural product, e.g., “honey wine,” “raisin wine,” “dried blackberry wine.” Wine of this class not derived wholly from one kind of agricultural product shall be designated as “wine” qualified by a truthful and adequate statement of composition appearing in direct conjunction therewith. Wine of this class rendered effervescent by carbon dioxide resulting solely from the secondary fermentation of wine within a closed container, tank, or bottle shall be further designated as “sparkling”; and wine of this class rendered effervescent by carbon dioxide otherwise derived shall be further designated as “carbonated.” (g) Class 7; aperitif wine. Aperitif wine (2) Vermouth (h) Class 8; imitation and substandard or other than standard wine. (i) Any wine containing synthetic materials. (ii) Any wine made from a mixture of water with residue remaining after thorough pressing of grapes, fruit, or other agricultural products. (iii) Any class or type of wine the taste, aroma, color, or other characteristics of which have been acquired in whole or in part, by treatment with methods or materials of any kind (except as permitted in § 4.22(c)(6)), if the taste, aroma, color, or other characteristics of normal wines of such class or type are acquired without such treatment. (iv) Any wine made from must concentrated at any time to more than 80° (Balling). (2) “Substandard wine” or “other than standard wine” shall bear as a part of its designation the words “substandard” or “other than standard,” and shall include: (i) Any wine having a volatile acidity in excess of the maximum prescribed therefor in §§ 4.20 to 4.25. (ii) Any wine for which no maximum volatile acidity is prescribed in §§ 4.20 to 4.25, inclusive, having a volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, in excess of 0.14 gram per 100 milliliters (20 °C.). (iii) Any wine for which a standard of identity is prescribed in this §§ 4.20 to 4.25, inclusive, which, through disease, decomposition, or otherwise, fails to have the composition, color, and clean vinous taste and aroma of normal wines conforming to such standard. (iv) Any “grape wine” “citrus wine,” “fruit wine,” or “wine from other agricultural products” to which has been added sugar and water solution in an amount which is in excess of the limitations prescribed in the standards of identity for these products, unless, in the case of “citrus wine,” “fruit wine” and “wine from other agricultural products” the normal acidity of the material from which such wine is produced is 20 parts or more per thousand and the volume of the resulting product has not been increased more than 60 percent by such addition. (i) Class 9; retsina wine. Cross Reference: For regulations relating to the use of spirits in wine, see part 24 of this chapter. [T.D. 6521, 25 FR 13835, Dec. 29, 1960]] Editorial Note: For Federal Register www.govinfo.gov. § 4.22 Blends, cellar treatment, alteration of class or type. (a) If the class or type of any wine shall be altered, and if the product as so altered does not fall within any other class or type either specified in §§ 4.20 through 4.25 or known to the trade, then such wine shall, unless otherwise specified in this section, be designated with a truthful and adequate statement of composition in accordance with § 4.34. (b) Alteration of class or type shall be deemed to result from any of the following occurring before, during, or after production. (1) Treatment of any class or type of wine with substances foreign to such wine which remain therein: Provided, (2) Treatment of any class or type of wine with substances not foreign to such wine but which remain therein in larger quantities than are naturally and normally present in other wines of the same class or type not so treated. (3) Treatment of any class or type of wine with methods or materials of any kind to such an extent or in such manner as to affect the basic composition of the wine so treated by altering any of its characteristic elements. (4) Blending of wine of one class with wine of another class or the blending of wines of different types within the same class. (5) Treatment of any class or type of wine for which a standard of identity is prescribed in this subpart with sugar or water in excess of the quantities specifically authorized by such standards: Provided, That (i) Where such wine (other than grape wine) is derived from fruit or other agricultural products having a high normal acidity, if the total solids content is not more than 22 grams per 100 cubic centimeters and the content of natural acid is not less than 7.69 grams per liter, and (ii) Where such wine is derived exclusively from fruit or other agricultural products the normal acidity of which is 20 parts or more per thousand, if the volume of the resulting product has been increased not more than 60 percent by the addition of sugar and water solution for the sole purpose of correcting natural deficiencies due to such acidity and (except in the case of such wine when produced from fruit or berries other than grapes) there is stated as part of the class and type designation the phrase “Made with over 35 percent sugar solution.” (c) Nothing in this section shall preclude the treatment of wine of any class or type in the manner hereinafter specified, provided such treatment does not result in the alteration of the class or type of the wine under the provisions of paragraph (b) of this section. (1) Treatment with filtering equipment, and with fining or sterilizing agents. (2) Treatment with pasteurization as necessary to perfect the wines to commercial standards in accordance with acceptable cellar practice but only in such a manner and to such an extent as not to change the basic composition of the wine nor to eliminate any of its characteristic elements. (3) Treatment with refrigeration as necessary to perfect the wine to commercial standards in accordance with acceptable cellar practice but only in such a manner and to such an extent as not to change the basic composition of the wine nor to eliminate any of its characteristic elements. (4) Treatment with methods and materials to the minimum extent necessary to correct cloudiness, precipitation, or abnormal color, odor, or flavor developing in wine. (5) Treatment with constituents naturally present in the kind of fruit or other agricultural product from which the wine is produced for the purpose of correcting deficiencies of these constituents, but only to the extent that such constituents would be present in normal wines of the same class or type not so treated. (6) Treatment of any class or type of wine involving the use of volatile fruit-flavor concentrates in the manner provided in section 5382 of the Internal Revenue Code. (7) Notwithstanding the provisions of § 4.21(b) (1), (2) and (4), (c), (d)(4), (e)(5), and (f)(6) carbon dioxide may be used to maintain counterpressure during the transfer of finished sparkling wines from (i) bulk processing tanks to bottles, or (ii) bottle to bottle: Provided, [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 6776, 29 FR 16985, Dec. 11, 1964; T.D. 7185, 37 FR 7976, Apr. 22, 1972; T.D. ATF-403, 64 FR 50253, Sept. 16, 1999; T.D. ATF-458, 66 FR 37578, July 19, 2001; T.D. ATF-953, 68 FR 39455, July 2, 2003] § 4.23 Varietal (grape type) labeling. (a) General. (b) One variety. (c) Exceptions. Vitis labrusca Vitis labrusca (i) Not less than 51 percent of the wine is derived from grapes of the named variety; (ii) The statement “contains not less than 51 percent (name of variety)” is shown on the brand label, back label, or a separate strip label, (except that this statement need not appear if 75 percent or more of the wine is derived from grapes of the named variety); and (iii) The entire qualifying percentage of the named variety was grown in the labeled appellation of origin area. (2) Wine made from any variety of any species found by the appropriate TTB officer upon appropriate application to be too strongly flavored at 75 percent minimum varietal content may be labeled with the varietal name if: (i) Not less than 51 percent of the wine is derived from grapes of that variety; (ii) The statement “contains not less than 51 percent (name of variety)” is shown on the brand label, back label, or a separate strip label (except that this statement need not appear if 75 percent or more of the wine is derived from grapes of the named variety); and (iii) The entire qualifying percentage of the named variety was grown in the labeled appellation of origin area. (d) Two or more varieties. (1) All of the grapes used to make the wine are of the labeled varieties; (2) The percentage of the wine derived from each variety is shown on the label (with a tolerance of plus or minus 2 percent); and (3)(i) If labeled with a multicounty appellation of origin, the percentage of the wine derived from each variety from each county is shown on the label; or (ii) If labeled with a multistate appellation of origin, the percentage of the wine derived from each variety from each state is shown on the label. (e) List of approved variety names. [T.D. ATF-370, 61 FR 538, Jan. 8, 1996, as amended by T.D. TTB-91, 76 FR 5476, Feb. 1, 2011] § 4.24 Generic, semi-generic, and non-generic designations of geographic significance. (a)(1) A name of geographic significance which is also the designation of a class or type of wine, shall be deemed to have become generic only if so found by the Administrator. (2) Examples of generic names, originally having geographic significance, which are designations for a class or type of wine are: Vermouth, Sake. (b)(1) A name of geographic significance, which is also the designation of a class or type of wine, shall be deemed to have become semi-generic only if so found by the Administrator. Semi-generic designations may be used to designate wines of an origin other than that indicated by such name only if there appears in direct conjunction therewith an appropriate appellation of origin disclosing the true place of origin of the wine, and if the wine so designated conforms to the standard of identity, if any, for such wine contained in the regulations in this part or, if there be no such standard, to the trade understanding of such class or type. See § 24.257(c) of this chapter for exceptions to the Administrator's authority to remove names from paragraph (b)(2) of this section. (2) Examples of semi-generic names which are also type designations for grape wines are Angelica, Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine Wine (syn. Hock), Sauterne, Haut Sauterne, Sherry, Tokay. (c)(1) A name of geographic significance, which has not been found by the Administrator to be generic or semi-generic may be used only to designate wines of the origin indicated by such name, but such name shall not be deemed to be the distinctive designation of a wine unless the Administrator finds that it is known to the consumer and to the trade as the designation of a specific wine of a particular place or region, distinguishable from all other wines. (2) Examples of nongeneric names which are not distinctive designations of specific grape wines are: American, California, Lake Erie, Napa Valley, New York State, French, Spanish. Additional examples of foreign nongeneric names are listed in subpart C of part 12 of this chapter. (3) Examples of nongeneric names which are also distinctive designations of specific grape wines are: Bordeaux Blanc, Bordeaux Rouge, Graves, Medoc, Saint-Julien, Chateau Yquem, Chateau Margaux, Chateau Lafite, Pommard, Chambertin, Montrachet, Rhone, Liebfraumilch, Rudesheimer, Forster, Deidesheimer, Schloss Johannisberger, Lagrima, and Lacryma Christi. A list of foreign distinctive designations, as determined by the Administrator, appears in subpart D of part 12 of this chapter. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-296, 55 FR 17967, Apr. 30, 1990; T.D. ATF-398, 63 FR 44783, Aug. 21, 1998; T.D. ATF-425, 65 FR 11890, 11891, Mar. 7, 2000] § 4.25 Appellations of origin. (a) Definition American wine. (2) Imported wine. (i) A country; (ii) A state, province, territory, or similar political subdivision of a country equivalent to a state or county; (iii) Two or no more than three states, provinces, territories, or similar political subdivisions of a country equivalent to a state which are all contiguous; or (iv) A viticultural area (as defined in paragraph (e) of this section). (b) Qualification American wine. (i) At least 75 percent of the wine is derived from fruit or agricultural products grown in the appellation area indicated; (ii) it has been fully finished (except for cellar treatment pursuant to § 4.22(c), and blending which does not result in an alteration of class or type under § 4.22(b)) in the United States, if labeled “American”; or, if labeled with a State appellation, within the labeled State or an adjacent State; or if labeled with a county appellation, within the State in which the labeled county is located; and (iii) it conforms to the laws and regulations of the named appellation area governing the composition, method of manufacture, and designation of wines made in such place. (2) Imported wine. (i) At least 75 percent of the wine is derived from fruit or agricultural products grown in the area indicated by the appellation of origin; and (ii) The wine conforms to the requirements of the foreign laws and regulations governing the composition, method of production, and designation of wines available for consumption within the country of origin. (c) Multicounty appellations. (d) Multistate appellations. American wine. (i) All of the fruit or other agricultural products were grown in the States indicated, and the percentage of the wine derived from fruit or other agricultural products grown in each State is shown on the label with a tolerance of plus or minus 2 percent; (ii) The wine has been fully finished (except for cellar treatment pursuant to § 4.22(c), and blending that does not result in an alteration of class or type under § 4.22(b)) in one of the labeled appellation States; and (iii) The wine conforms to the laws and regulations governing the composition, method of manufacture, and designation of wines in all of the States listed in the appellation. (2) Imported wine. (i) All of the fruit or other agricultural products were grown in the states, provinces, territories, or similar political subdivisions of a country equivalent to a state indicated, and the percentage of the wine derived from fruit or other agricultural products grown in each state, province, territory, or political subdivision equivalent to a state is shown on the label with a tolerance of plus or minus 2 percent; and (ii) The wine conforms to the requirements of the foreign laws and regulations governing the composition, method of production, and designation of wines available for consumption within the country of origin. (e) Viticultural area Definition American wine. (ii) Imported wine. (2) Establishment of American viticultural areas. (3) Requirements for use. (i) The appellation has been approved under part 9 of this chapter or by the appropriate foreign government; (ii) Not less than 85 percent of the wine is derived from grapes grown within the boundaries of the viticultural area; (iii) In the case of foreign wine, it conforms to the requirements of the foreign laws and regulations governing the composition, method of production, and designation of wines available for consumption within the country of origin; and (iv) In the case of American wine, it has been fully finished within the State, or one of the States, within which the labeled viticultural area is located (except for cellar treatment pursuant to § 4.22(c), and blending which does not result in an alteration of class and type under § 4.22(b)). (4) Overlap viticultural area appellations. [T.D. ATF-53, 43 FR 37675, Aug. 23, 1978] Editorial Note: For Federal Register www.govinfo.gov. § 4.26 Estate bottled. (a) Conditions for use. Estate bottled (1) Is located in the labeled viticultural area; (2) grew all of the grapes used to make the wine on land owned or controlled by the winery within the boundaries of the labeled viticultural area; (3) crushed the grapes, fermented the resulting must, and finished, aged, and bottled the wine in a continuous process (the wine at no time having left the premises of the bottling winery). (b) Special rule for cooperatives. (c) Definition of “Controlled”. Controlled by (d) Use of other terms. Estate bottled [T.D. ATF-53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF-201, 50 FR 12533, Mar. 29, 1985] § 4.27 Vintage wine. (a) General. (1) If an American or imported wine is labeled with a viticultural area appellation of origin (or its foreign equivalent), at least 95 percent of the wine must have been derived from grapes harvested in the labeled calendar year; or (2) If an American or imported wine is labeled with an appellation of origin other than a viticultural area (or its foreign equivalent), at least 85 percent of the wine must have been derived from grapes harvested in the labeled calendar year. (b) American wine. (c) Imported wine. (1) It is made in compliance with the provisions of paragraph (a) of this section; and (2) The wine is of the vintage shown, the laws of the country of origin regulate the appearance of vintage dates upon the labels of wine produced for consumption within the country of origin, the wine has been produced in conformity with those laws, and the wine would be entitled to bear the vintage date if it had been sold within the country of origin. The importer of the wine imported in bottles or the domestic bottler of wine imported in bulk and bottled in the United States must be able to demonstrate, upon request by the appropriate TTB officer or a customs officer, that the wine is entitled to be labeled with the vintage date. [T.D. ATF-53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF-195, 50 FR 763, Jan. 7, 1985; T.D. TTB-45, 71 FR 25752, May 2, 2006; T.D. TTB-105, 77 FR 56541, Sept. 13, 2012; T.D. TTB-145, 81 FR 94196, Dec. 22, 2016; T.D. TTB-158, 85 FR 18722, Apr. 2, 2020] § 4.28 Type designations of varietal significance. The following are type designations of varietal significance for American wine. These names may be used as type designations for American wines only if the wine is labeled with an appellation of origin as defined in § 4.25. (a) Muscadine. Muscadinia rotundifolia (b) Muscatel. (c) Muscat or Moscato. (d) Scuppernong. Muscadinia rotundifolia (e)(1) Gamay Beaujolais. (2) For wines bottled on or after January 1, 1999, and prior to April 9, 2007, the name “Gamay Beaujolais” may be used as a type designation only if there appears in direct conjunction therewith, but on a separate line and separated by the required appellation of origin, the name(s) of the grape variety or varieties used to satisfy the requirements of paragraph (e)(1) of this section. Where two varietal names are listed, they shall appear on the same line, in order of predominance. The appellation of origin shall appear either on a separate line between the name “Gamay Beaujolais” and the grape variety name(s) or on the same line as the grape variety name(s) in a manner that qualifies the grape variety name(s). The following statement shall also appear on the brand or back label: “Gamay Beaujolais is made from at least 75 percent Pinot noir and/or Valdiguié grapes.” (3) The designation “Gamay Beaujolais” may not be used on labels of American wines bottled on or after April 9, 2007. [T.D. ATF-370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF-388, 62 FR 16490, Apr. 7, 1997; T.D. ATF-388a, 62 FR 33747, June 23, 1997; T.D. TTB-91, 76 FR 5476, Feb. 1, 2011] Subpart D—Labeling Requirements for Wine § 4.30 General. (a) Application. (b) Alteration of labels. Provided, (2) No application for permission to relabel wine need be made in any case where there is added to the container, after removal from customs custody or from the premises where bottled or packed, a label identifying the wholesale or retail distributor thereof, and containing no reference whatever to the characteristics of the product. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-425, 65 FR 11891, Mar. 7, 2000; T.D. ATF-953, 68 FR 39455, July 2, 2003] Cross Reference: For customs warehouses and control of merchandise therein, see 19 CFR part 19. § 4.32 Mandatory label information. (a) There shall be stated on the brand label: (1) Brand name, in accordance with § 4.33. (2) Class, type, or other designation, in accordance with § 4.34. (3) [Reserved] (4) On blends consisting of American and foreign wines, if any reference is made to the presence of foreign wine, the exact percentage by volume. (b) There shall be stated on any label affixed to the container: (1) Name and address, in accordance with § 4.35. (2) Net contents, in accordance with § 4.37. If the net contents is a standard of fill other than an authorized metric standard of fill as prescribed in § 4.72, the net contents statement shall appear on a label affixed to the front of the bottle. (3) Alcohol content, in accordance with § 4.36. (c) There shall be stated on the brand label or on a back label a statement that the product contains FD&C Yellow No. 5, where that coloring material is used in a product bottled on or after October 6, 1984. (d) Declaration of cochineal extract or carmine. (e) Declaration of sulfites. (1) Any certificate of label approval issued on or after January 9, 1987; (2) Any wine bottled on or after July 9, 1987, regardless of the date of issuance of the certificate of label approval; and, (3) Any wine removed on or after January 9, 1988. (Paragraph (e) approved by the Office of Management and Budget under Control Number 1512-0469) [T.D. 6521, 25 FR 13835, Dec. 29, 1960] Editorial Note: For Federal Register www.govinfo.gov. § 4.32a Voluntary disclosure of major food allergens. (a) Definitions. (1) Major food allergen. Major food allergen (i) Milk, egg, fish (for example, bass, flounder, or cod), Crustacean shellfish (for example, crab, lobster, or shrimp), tree nuts (for example, almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or (ii) A food ingredient that contains protein derived from a food specified in paragraph (a)(1)(i) of this section, except: (A) Any highly refined oil derived from a food specified in paragraph (a)(1)(i) of this section and any ingredient derived from such highly refined oil; or (B) A food ingredient that is exempt from major food allergen labeling requirements pursuant to a petition for exemption approved by the Food and Drug Administration (FDA) under 21 U.S.C. 343(w)(6) or pursuant to a notice submitted to FDA under 21 U.S.C. 343(w)(7), provided that the food ingredient meets the terms or conditions, if any, specified for that exemption. (2) Name of the food source from which each major food allergen is derived. Name of the food source from which each major food allergen is derived (i) In the case of a tree nut, it means the name of the specific type of nut (for example, almonds, pecans, or walnuts); (ii) In the case of Crustacean shellfish, it means the name of the species of Crustacean shellfish (for example, crab, lobster, or shrimp); and (iii) The names “egg” and “peanuts”, as well as the names of the different types of tree nuts, may be expressed in either the singular or plural form, and the term “soy”, soybean”, or “soya” may be used instead of “soybeans”. (b) Voluntary labeling standards. (c) Cross reference. [T.D. TTB-53, 71 FR 42267, July 26, 2006] § 4.32b Petitions for exemption from major food allergen labeling. (a) Submission of petition. (1) Does not cause an allergic response that poses a risk to human health; or (2) Does not contain allergenic protein derived from one of the foods identified in § 4.32a(a)(1)(i), even though a major food allergen was used in production. (b) Decision on petition. (c) Resubmission of a petition. (d) Availability of information General. https://www.ttb.gov, (2) Requests for confidential treatment of business information. (i) The request must be in writing; (ii) The request must clearly identify the information to be kept confidential; (iii) The request must relate to information that constitutes trade secrets or other confidential commercial or financial information regarding the business transactions of an interested person, the disclosure of which would cause substantial harm to the competitive position of that person; (iv) The request must set forth the reasons why the information should not be disclosed, including the reasons the disclosure of the information would prejudice the competitive position of the interested person; and (v) The request must be supported by a signed statement by the interested person, or by an authorized officer or employee of that person, certifying that the information in question is a trade secret or other confidential commercial or financial information and that the information is not already in the public domain. [T.D. TTB-53, 71 FR 42267, July 26, 2006, as amended by T.D. TTB-196, 89 FR 87935, Nov. 6, 2024] § 4.33 Brand names. (a) General. (b) Misleading brand names. (c) Trade name of foreign origin. Provided, [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. TTB-196, 89 FR 87935, Nov. 6, 2024] § 4.34 Class and type. (a) The class of the wine shall be stated in conformity with subpart C of this part if the wine is defined therein, except that “table” (“light”) and “dessert” wines need not be designated as such. In the case of still grape wine there may appear, in lieu of the class designation, any varietal (grape type) designation, type designation of varietal significance, semigeneric geographic type designation, or geographic distinctive designation, to which the wine may be entitled. In the case of champagne, or crackling wines, the type designation “champagne” or “crackling wine” (“petillant wine”, “frizzante wine”) may appear in lieu of the class designation “sparkling wine”. In the case of wine which has a total solids content of more than 17 grams per 100 cubic centimeters the words “extra sweet”, “specially sweetened”, “specially sweet” or “sweetened with excess sugar” shall be stated as a part of the class and type designation. The last of these quoted phrases shall appear where required by part 24 of this chapter, on wines sweetened with sugar in excess of the maximum quantities specified in such regulations. If the class of the wine is not defined in subpart C, a truthful and adequate statement of composition shall appear upon the brand label of the product in lieu of a class designation. In addition to the mandatory designation for the wine, there may be stated a distinctive or fanciful name, or a designation in accordance with trade understanding. The statement of composition will not include any reference to a varietal (grape type) designation, type designation of varietal significance, semi-generic geographic type designation, or geographic distinctive designation. All parts of the designation of the wine, whether mandatory or optional, shall be in direct conjunction and in lettering substantially of the same size and kind. (b) An appellation of origin such as “American,” “New York,” “Napa Valley,” or “Chilean,” disclosing the true place of origin of the wine, shall appear in direct conjunction with and in lettering substantially as conspicuous as the class and type designation if: (1) A varietal (grape type) designation is used under the provisions of § 4.23; (2) A type designation of varietal significance is used under the provisions of § 4.28; (3) A semi-generic type designation is employed as the class and type designation of the wine pursuant to § 4.24(b); (4) A product name is qualified with the word “Brand” under the requirements of § 4.39 (j); or (5) The wine is labeled with the year of harvest of the grapes, and otherwise conforms with the provisions of § 4.27. [T.D. ATF-53, 43 FR 37677, Aug. 23, 1978; T.D. ATF-48, 44 FR 55839, Sept. 28, 1979, as amended by T.D. ATF-195, 50 FR 763, Jan. 7, 1985; T.D. ATF-229, 51 FR 20482, June 5, 1986; T.D. ATF-312, 56 FR 31077, July 9, 1991; T.D. ATF-370, 61 FR 539, Jan. 8, 1996; T.D. ATF-431, 65 FR 59724, Oct. 6, 2000; T.D. TTB-105, 77 FR 56541, Sept. 13, 2012] § 4.35 Name and address. (a) American wine Mandatory statement. (2) Optional statements. (ii) The words defined in paragraphs (a)(2)(iii)-(a)(2)(vi) may be used, in accordance with the definitions given, in addition to the name and address statement required by paragraph (a)(1). Use of these words may be conjoined, using the word “and”, and with the words “bottled by” or “packed by” only if the same person performed the defined operation at the same address. More than one name is necessary if the defined operation was performed by a person other than the bottler or packer and more than one address statement is necessary if the defined operation was performed at a different address. (iii) Produced Made (A) Fermented not less than 75% of such wine at the stated address, or (B) Changed the class or type of the wine by addition of alcohol, brandy, flavors, colors, or artificial carbonation at the stated address, or (C) Produced sparkling wine by secondary fermentation at the stated address. (iv) Blended (v) Cellared, Vinted Prepared (b) Imported wine Mandatory statements. (ii) If the wine was bottled or packed in the United States, the label shall also state one of the following: (A) “Bottled by” or “packed by” followed by the name of the bottler or packer and the address (in accordance with paragraph (c)) of the place where the wine was bottled or packed; or (B) If the wine was bottled or packed for the person responsible for the importation, the words “imported by and bottled (packed) in the United States for” (or a similar appropriate phrase) followed by the name and address of the principal place of business in the United States of the person responsible for the importation; or (C) If the wine was bottled or packed by the person responsible for the importation, the words “imported and bottled (packed) by” followed by the name and address of the principal place of business in the United States of the person responsible for the importation. (iii) If the wine was blended, bottled or packed in a foreign country other than the country of origin, and the label identifies the country of origin, the label shall state “blended by,” “bottled by,” or “packed by,” or other appropriate statement, followed by the name of the blender, bottler or packer and the place where the wine was blended, bottled or packed. (2) Optional statements. (c) Form of address. (1) Such person 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. (d) Trade or operating names. (e) Cross reference—country of origin statement. [T.D. ATF-328, 57 FR 33114, July 27, 1992; 57 FR 37591, Aug. 19, 1992. Redesignated by T.D. ATF-953, 68 FR 39455, July 2, 2003; T.D. TTB-158, 85 FR 18722, Apr. 2, 2020] § 4.36 Alcoholic content. (a) Alcoholic content shall be stated in the case of wines containing more than 14 percent of alcohol by volume. In the case of wine containing 14 percent or less of alcohol by volume, the alcohol content may be stated, but need not be stated if the type designation “table” wine (or “light” wine) appears on the brand label as prescribed in § 4.32(a)(2). Any statement of alcoholic content shall be made as prescribed in paragraph (b) of this section. (b) Alcoholic content shall be stated in terms of percentage of alcohol by volume, and not otherwise, as provided in either paragraph (b)(1) or (2) of this section: (1) “Alcohol __ % by volume,” or similar appropriate phrase; Provided, (2) “Alcohol __ % to __ % by volume,” or similar appropriate phrase; Provided, (c) Regardless of the type of statement used and regardless of tolerances normally permitted in direct statements and ranges normally permitted in maximum and minimum statements, alcoholic content statements, whether required or optional, shall definitely and correctly indicate the class, type and taxable grade of the wine so labeled and nothing in this section shall be construed as authorizing the appearance upon the labels of any wine of an alcoholic content statement in terms of maximum and minimum percentages which overlaps a prescribed limitation on the alcoholic content of any class, type, or taxable grade of wine, or a direct statement of alcoholic content which indicates that the alcoholic content of the wine is within such a limitation when in fact it is not. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-275, 53 FR 27046, July 18, 1988; T.D. TTB-114, 78 FR 34568, June 10, 2013] § 4.37 Net contents. (a) Statement of net contents. (1) If more than one liter, net contents shall be stated in liters and in decimal portions of a liter accurate to the nearest one-hundredth of a liter. (2) If less than one liter, net contents shall be stated in milliliters (ml). (b) Statement of U.S. equivalent net contents. (1) For the metric standards of fill shown in table 1 to paragraph (b)(1), the equivalent U.S. measures are: Table 1 to Paragraph ( b Metric measure Equivalent 3 liters (L) 101 fluid ounces (fl. oz.). 2.25 L 76.1 fl. oz. 1.8 L 60.9 fl. oz. 1.5 L 50.7 fl. oz. 1 L 33.8 fl. oz. 750 milliliters (mL) 25.4 fl. oz. 720 mL 24.3 fl. oz. 700 mL 23.7 fl. oz. 620 mL 21.0 fl. oz. 600 mL 20.3 fl. oz. 568 mL 19.2 fl. oz. 550 mL 18.6 fl. oz. 500 mL 16.9 fl. oz. 473 mL 16 fl. oz. 375 mL 12.7 fl. oz. 360 mL 12.2 fl. oz. 355 mL 12.0 fl. oz. 330 mL 11.2 fl. oz. 300 mL 10.1 fl. oz. 250 mL 8.5 fl. oz. 200 mL 6.8 fl. oz. 187 mL 6.3 fl. oz. 180 mL 6.1 fl. oz. 100 mL 3.4 fl. oz. 50 mL 1.7 fl. oz. (2) Equivalent volumes of less than 100 fluid ounces will be stated in fluid ounces only, accurate to the nearest one-tenth of a fluid ounce; for example, 700 ml (23.7 fl. oz.). (3) Equivalent volumes of 100 fluid ounces or more will be stated in fluid ounces only, accurate to the nearest whole fluid ounce; for example, 6 liters (203 fl. oz.). (c) Net contents marked in bottle. (d) Tolerances. (1) Discrepancies due exclusively to errors in measuring which occur in filling conducted in compliance with good commercial practice. (2) Discrepancies due exclusively to differences in the capacity of containers, resulting solely from unavoidable difficulties in manufacturing such containers so as to be of uniform capacity: Provided, (3) Discrepancies in measure due to differences in atmospheric conditions in various places and which unavoidably result from the ordinary and customary exposure of alcoholic beverages in containers to evaporation. The reasonableness to discrepancies under this paragraph shall be determined on the facts in each case. (e) Unreasonable shortages. [T.D. ATF-12, 39 FR 45222, Dec. 31, 1974, as amended by T.D. ATF-49, 43 FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981; T.D. ATF-303, 55 FR 42713, Oct. 23, 1990; T.D. TTB-91, 76 FR 5476, Feb. 1, 2011; T.D. TTB-200, 90 FR 1875, Jan. 10, 2025] § 4.38 General requirements. (a) Legibility. (b) Size of type. (2) Containers of 187 milliliters or less. All mandatory information required on labels by this part, except the alcoholic content statement, shall not be smaller than 1 millimeter, except that if contained among other descriptive or explanatory information, the script, type, or printing of the mandatory information shall be of a size substantially more conspicuous than that of the descriptive or explanatory information. (3) Alcoholic content statements shall not appear in script, type, or printing larger or more conspicuous than 3 millimeters nor smaller than 1 millimeter on labels of containers having a capacity of 5 liters or less and shall not be set off with a border or otherwise accentuated. (c) English language. (d) Location of label. (e) Labels firmly affixed. (f) Additional information on labels. (g) Representations as to materials. (h) Statement of contents of containers. [T.D. ATF-53, 43 FR 37677, Aug. 23, 1978, as amended by T.D. ATF-66, 45 FR 40544, June 13, 1980; T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-249, 52 FR 5955, Feb. 27, 1987; T.D. ATF-275, 53 FR 27046, July 18, 1988; T.D. ATF-312, 56 FR 31077, July 9, 1991] § 4.38a Bottle cartons, booklets and leaflets. (a) General. (b) Sealed cartons. (c) Other cartons. (2) Cartons displaying brand names and/or designations must display such names and designations in their entirety—brand names required to be modified, e.g. by “Brand” or “Product of U.S.A.”, must also display such modification. (3) Wines for which a truthful and adequate statement of composition is required must display such statement. [T.D. ATF-36, 41 FR 47425, Oct. 29, 1976] § 4.39 Prohibited practices. (a) Statements on labels. (1) Any statement that is false or untrue in any particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific or technical matter, tends to create a misleading impression. (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 appropriate TTB officer finds to be likely to mislead the consumer. (5) Any statement, design, device or representation of or relating to any guarantee, irrespective of falsity, which the appropriate TTB officer finds to be likely to mislead the consumer. Money-back guarantees are not prohibited. (6) A trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, or any graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead 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, such individual or organization; Provided, (7) Any statement, design, device, or representation (other than a statement of alcohol content in conformity with § 4.36), which tends to create the impression that a wine: (i) Contains distilled spirits; (ii) Is comparable to a distilled spirit; or (iii) Has intoxicating qualities. However, if a statement of composition is required to appear as the designation of a product not defined in these regulations, such statement of composition may include a reference to the type of distilled spirits contained therein. (8) Any coined word or name in the brand name or class and type designation which simulates, imitates, or which tends to create the impression that the wine so labeled is entitled to bear, any class, type, or permitted designation recognized by the regulations in this part unless such wine conforms to the requirements prescribed with respect to such designation and is in fact so designated on its labels. (9) Any word in the brand name or class and type designation which is the name of a distilled spirits product or which simulates, imitates, or created the impression that the wine so labeled is, or is similar to, any product customarily made with a distilled spirits base. Examples of such words are: “Manhattan,” “Martini,” and “Daquiri” in a class and type designation or brand name of a wine cocktail; “Cuba Libre,” “Zombie,” and “Collins” in a class and type designation or brand name of a wine specialty or wine highball; “creme,” “cream,” “de,” or “of” when used in conjunction with “menthe,” “mint,” or “cacao” in a class and type designation or a brand name of a mint or chocolate flavored wine specialty. (b) Statement of age. (c) Statement of bottling dates. (d) Statement of miscellaneous dates. (e) Simulation of Government stamps. (2) Bonded wine cellar and bonded winery numbers may be stated but only in direct conjunction with the name and address of the person operating such wine cellar or winery. Statement of bonded wine cellar or winery numbers may be made in the following form: “Bonded Wine Cellar No. __”, “Bonded Winery No. __”, “B. W. C. No. __”, “B. W. 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. (3) If imported wines are covered by a certificate of origin and/or a certificate of vintage date issued by a duly authorized official of the appropriate foreign government, the label, except where prohibited by the foreign government, may refer to such certificate or the fact of such certification, but shall not be accompanied by any additional statements relating thereto. The reference to such certificate or certification shall be substantially in the following form: This product accompanied at the time of the importation by a certificate issued by the (Name of government) government indicating that the product is (Class and type as stated on the label) and (if label bears a statement of vintage date) that the wine is of the vintage of (Year of vintage stated on the label) (f) Use of the word “Importer”, or similar words. Importer, Provided, (g) Flags, seals, coats of arms, crests, and other insignia. (h) Health-related statements Definitions. (i) Health-related statement (ii) Specific health claim (iii) Health-related directional statement (2) Rules for labeling Health-related statements. (ii) Specific health claims. (B) TTB will approve the use of a specific health claim on a wine label only if the claim is truthful and adequately substantiated by scientific or medical evidence; sufficiently detailed and qualified with respect to the categories of individuals to whom the claim applies; adequately discloses the health risks associated with both moderate and heavier levels of alcohol consumption; and outlines the categories of individuals for whom any levels of alcohol consumption may cause health risks. This information must appear as part of the specific health claim. (iii) Health-related directional statements. (A) Directs consumers in a neutral or other non-misleading manner to a third party or other source for balanced information regarding the effects on health of wine or alcohol consumption; and (B)( 1 ( 2 (i) Geographic brand names. (2) For brand names used in existing certificates of label approval issued prior to July 7, 1986: (i) The wine shall meet the appellation of origin requirements for the geographic area named; or (ii) The wine shall be labeled with an appellation of origin in accordance with § 4.34(b) as to location and size of type of either: (A) A county or a viticultural area, if the brand name bears the name of a geographic area smaller than a state, or; (B) A state, county or a viticultural area, if the brand name bears a state name; or (iii) The wine shall be labeled with some other statement which the appropriate TTB officer finds to be sufficient to dispel the impression that the geographic area suggested by the brand name is indicative of the origin of the wine. (3) A name has viticultural significance when it is the name of a state or county (or the foreign equivalents), when approved as a viticultural area in part 9 of this chapter, or by a foreign government, or when found to have viticultural significance by the appropriate TTB officer. (j) Product names of geographical significance (not mandatory before January 1, 1983). (k) Other indications of origin. (l) Foreign terms. (m) Use of a vineyard, orchard, farm or ranch name. (n) Use of a varietal name, type designation of varietal significance, semi-generic name, or geographic distinctive designation. [T.D. 6521, 25 FR 13841, Dec. 29, 1960] Editorial Note: For Federal Register www.govinfo.gov. Subpart E—Requirements for Withdrawal of Wine From Customs Custody § 4.40 Label approval and release. (a) Certificate of label approval. (b) [Reserved] (c) Relabeling. (d) Cross reference. (Approved by the Office of Management and Budget under control numbers 1513-0020 and 1513-0064) [T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. ATF-359, 59 FR 42160, Aug. 17, 1994; T.D. ATF-406, 64 FR 2128, Jan. 13, 1999; T.D. TTB-145, 81 FR 94197, Dec. 22, 2016] § 4.45 Certificates of origin, identity and proper cellar treatment. (a) Certificate of origin and identity. (b) Certification of proper cellar treatment of natural wine General. (i) The importer must attach a copy of the certification to the application for a certificate of label approval for the wine in question submitted under § 13.21 of this chapter; or (ii) If a certification for the wine in question was not available when the importer submitted the application for label approval, the importer must submit a copy of the certification to the appropriate TTB officer prior to release from customs custody of the first shipment of the wine. (2) Validity of certification. (3) Use of certification. www.ttb.gov. (c) Retention of certificates. (Approved by the Office of Management and Budget under control numbers 1513-0064 and 1513-0119) [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. TTB-31, 70 FR 49482, Aug. 24, 2005; T.D. TTB-145, 81 FR 94197, Dec. 22, 2016] Subpart F—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 U.S. Customs custody, or remove such wine from the plant where bottled or packed, unless an approved certificate of label approval, TTB Form 5100.31, is issued by the appropriate TTB officer. (b) Any bottler or packer of wine shall be exempt from the requirements of this section if upon application the bottler or packer shows to the satisfaction of the appropriate TTB officer that the wine to be bottled or packed is not to be sold, offered for sale, or shipped or delivered for shipment, or otherwise introduced in interstate or foreign commerce. Application for exemption shall be made on TTB Form 5100.31 in accordance with instructions on the form. If the application is approved, a certificate of exemption will be issued on the same form. (c) Cross reference. [T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. ATF-344, 58 FR 40354, July 28, 1993; T.D. ATF-406, 64 FR 2128, Jan. 13, 1999; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000] § 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 through 4.52, as substitutes for an original or duplicate original of a certificate of label approval, or a certificate of exemption. The appropriate TTB officer 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 originals is shown and there is listed with the appropriate TTB officer the name and address of the additional bottling or packing plant where the particular label is to be used. § 4.53 Retention of certificates. Wine that would be required under § 4.45 to be covered by a certificate of origin and identity and/or a certification of proper cellar treatment and that is imported in bulk for bottling in the United States may be removed for consumption from the premises where bottled only if the bottler possesses a certificate of origin and identity and/or a certification of proper cellar treatment of natural wine applicable to the wine, issued by the appropriate entity as set forth in §§ 4.45 and 27.140 of this chapter respectively, that provides the same information as a certificate required under § 4.45(a) and (b) would provide for like wine imported in bottles. The bottler of wine imported in bulk must retain for five years following the removal of such wine from the bonded wine cellar where bottled copies of the certificates required by § 4.45(a) and (b), and must provide them upon request of the appropriate TTB officer. (Approved by the Office of Management and Budget under control number 1513-0064) [T.D. TTB-145, 81 FR 94197, Dec. 22, 2016] § 4.54 Personalized labels. (a) General. (b) Application. (c) Approval of personalized label. (d) Changes not allowed to personalized labels. [T.D. TTB-158, 85 FR 18722, Apr. 2, 2020] Subpart G—Advertising of Wine § 4.60 Application. No person engaged in the 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 or television broadcast, or in any newspaper, periodical, or any publication, by any sign or outdoor advertisement, or any other printed or graphic matter, any advertisement of wine, if such advertising is in, or is calculated to induce sale in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with §§ 4.60-4.65 of this part. Provided, that such sections shall not apply to outdoor advertising in place on September 7, 1984, but shall apply upon replacement, restoration, or renovation of any such advertising; and provided further, that such sections shall not apply to a retailer or the publisher of any newspaper, periodical, or other publication, or radio or television broadcast, unless such retailer or publisher or radio or television broadcaster is engaged in business as a producer, rectifier, blender, importer, or wholesaler of wine, directly or indirectly, or through an affiliate. [T.D. ATF-180, 49 FR 31672, Aug. 8, 1984] § 4.61 Definitions. As used in §§ 4.60 through 4.65 of this part, the term advertisement (a) Any label affixed to any container of wine, or any individual covering, carton, or other wrapper of such container which constitute a part of the labeling under provisions of §§ 4.30-4.39 of this part. (b) Any editorial or other reading material ( i.e., [T.D. ATF-180, 49 FR 31672, Aug. 8, 1984, as amended by T.D. TTB-91, 76 FR 5477, Feb. 1, 2011] § 4.62 Mandatory statements. (a) Responsible advertiser. (b) Class, type, and distinctive designation. (c) Exception. (2) On consumer specialty items, the only information necessary is the company name or brand name of the product. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-180, 49 FR 31672, Aug. 8, 1984; T.D. TTB-158, 85 FR 18722, Apr. 2, 2020] § 4.63 Legibility of mandatory information. (a) Statements required under §§ 4.60 through 4.65 of this part to appear in any written, printed, or graphic advertisement shall be in lettering or type size sufficient to be conspicuous and readily legible. (b) In the case of signs, billboards, and displays the name and address of the permittee responsible for the advertisement may appear in type size of lettering smaller than the other mandatory information, provided such information can be ascertained upon closer examination of the sign or billboard. (c) Mandatory information shall be so stated as to be clearly a part of the advertisement and shall not be separated in any manner from the remainder of the advertisement. (d) Mandatory information for two or more products shall not be stated unless clearly separated. (e) Mandatory information shall be so stated in both the print and audio-visual media that it will be readily apparent to the persons viewing the advertisement. [T.D. ATF-180, 49 FR 31672, Aug. 8, 1984] § 4.64 Prohibited practices. (a) Restrictions. (1) Any statement that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific or technical matter tends to create a misleading impression. (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 appropriate TTB officer finds to be likely to mislead the consumer. (5) Any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, which the appropriate TTB officer finds to be likely to mislead the consumer. Money-back guarantees are not prohibited. (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. (7) Any statement of bonded winecellar and bonded winery numbers unless stated in direct conjunction with the name and address of the person operating such winery or storeroom. Statement of bonded winecellar and bonded winery numbers may be made in the following form: “Bonded Winecellar No. __,” “Bonded Winery No. __,” “B. W. C. No. __,” “B. W. 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. (8) Any statement, design, device, or representation which relates to alcohol content or which tends to create the impression that a wine: (i) Contains distilled spirits; or (ii) Is comparable to a distilled spirit; or (iii) Has intoxicating qualities. However, if a statement of composition is required to appear as the designation of a product not defined in these regulations, such statement of composition may include a reference to the type of distilled spirits contained therein. Further, an approved wine label, which bears the statement of alcohol content may be depicted in any advertising media, or an actual wine bottle showing the approved label bearing the statement of alcoholic content may be displayed in any advertising media. (9) Any word in the brand name or class and type designation which is the name of a distilled spirits product or which simulates, imitates, or creates the impression that the wine so labeled is, or is similar to, any product customarily made with a distilled spirits base. (b) Statements inconsistent with labeling. (2) Any label depicted on a bottle in an advertisement shall be a reproduction of an approved label. (c) Statement of age. (d) Statement of bottling dates. (e) Statement of miscellaneous dates. Provided, (f) Flags, seals, coats of arms, crests, and other insignia. (g) Statements indicative of origin. (h) Use of the word “importer” or similar words. importer Provided, (i) Health-related statements Definitions. (i) Health-related statement (ii) Specific health claim (iii) Health-related directional statement (2) Rules for advertising Health-related statements. (ii) Specific health claims. (iii) Health-related directional statements. (A) Directs consumers in a neutral or other non-misleading manner to a third party or other source for balanced information regarding the effects on health of wine or alcohol consumption; and (B)( 1 ( 2 (j) Confusion of brands. (k) Deceptive advertising techniques. [T.D. 6521, 25 FR 13843, Dec. 29, 1960, as amended by T.D. 6976, 33 FR 15025, Oct. 8, 1968; T.D. ATF-53, 43 FR 37678, Aug. 23, 1978; T.D. ATF-180, 49 FR 31672, Aug. 8, 1984; TTB T.D.-1, 68 FR 10103, Mar. 3, 2003] § 4.65 Comparative advertising. (a) General. (b) Taste tests. (2) The taste test procedure used shall meet scientifically accepted procedures. An example of a scientifically accepted procedure is outlined in the Manual on Sensory Testing Methods, (3) A statement shall appear in the advertisement providing the name and address of the testing administrator. [T.D. ATF-180, 49 FR 31673, Aug. 8, 1984, as amended by T.D. TTB-91, 76 FR 5477, Feb. 1, 2011] Subpart H—Standards of Fill for Wine § 4.70 Application. (a) Except as provided in paragraph (b) of this section, no person engaged in business as a producer, rectifier, blender, importer, or wholesaler of wine, directly or indirectly or through an affiliate, shall sell or ship or deliver for sale or shipment, or otherwise introduce in interstate or foreign commerce, or receive therein, or remove from customs custody, any wine unless such wine is bottled or packed in the standard wine containers herein prescribed. (b) Sections 4.71 and 4.72 of this part do not apply to: (1) Sake; (2) Wine packed in containers of 18 liters or more; (3) Imported wine in the original containers in which entered customs custody if the wine was bottled or packed before January 1, 1979; (4) Imported wine bottled or packed before January 1, 1979, and certified as to such in a statement, available to the appropriate TTB officer upon request, signed by an official duly authorized by the appropriate foreign government; or (5) Wine domestically bottled or packed, either in or out of customs custody, before October 24, 1943, if the container, or the label on the container, bears a conspicuous statement of the net contents, and if the actual capacity of the container is not substantially less than the apparent capacity upon visual examination under ordinary conditions of purchase or use. (c) Section 4.72 of this part does not apply to wine domestically bottled or packed, either in or out of customs custody, before January 1, 1979, if the wine was bottled or packed according to the standards of fill (listed in ounces, quarts, and gallons) prescribed by regulation before that date. (Approved by the Office of Management and Budget under control number 1513-0064) [T.D. ATF-12, 39 FR 45222, Dec. 31, 1974, as amended by T.D. ATF-49, 43 FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981; T.D. TTB-91, 76 FR 5477, Feb. 1, 2011; T.D. TTB-145, 81 FR 94197, Dec. 22, 2016] § 4.71 Standard wine containers. (a) A standard wine container shall be made, formed and filled to meet the following specifications: (1) Design. (2) Fill. (3) Headspace. (i) 187 mL or more. (ii) Less than 187 mL. (iii) Exception. [T.D. ATF-12, 39 FR 45222, Dec. 31, 1974, as amended by T.D. TTB-91, 76 FR 5477, Feb. 1, 2011; T.D. TTB-165, 85 FR 85520, Dec. 29, 2020] § 4.72 Metric standards of fill. (a) Authorized standards of fill. (1) 3 liters. (2) 2.25 liters. (3) 1.8 liters. (4) 1.5 liters. (5) 1 liter. (6) 750 milliliters. (7) 720 milliliters. (8) 700 milliliters. (9) 620 milliliters. (10) 600 milliliters. (11) 568 milliliters. (12) 550 milliliters. (13) 500 milliliters. (14) 473 milliliters. (15) 375 milliliters. (16) 360 milliliters. (17) 355 milliliters. (18) 330 milliliters. (19) 300 milliliters. (20) 250 milliliters. (21) 200 milliliters. (22) 187 milliliters. (23) 180 milliliters. (24) 100 milliliters. (25) 50 milliliters. (b) Sizes larger than 3 liters. (c) Tolerances. [T.D. ATF-12, 39 FR 45223, Dec. 31, 1974, as amended by T.D. ATF-49, 43 FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981; T.D. ATF-303, 55 FR 42713, Oct. 23, 1990. Redesignated by T.D. ATF-953, 68 FR 39455, July 2, 2003; T.D. TTB-165, 85 FR 85520, Dec. 29, 2020; T.D. TTB-200, 90 FR 1875, Jan. 20, 2025] Subpart I—General Provisions § 4.80 Exports. The regulations in this part shall not apply to wine exported in bond. Subpart J—American Grape Variety Names Source: T.D. ATF-370, 61 FR 539, Jan. 8, 1996, unless otherwise noted. § 4.91 List of approved names. The following grape variety names have been approved by the Administrator for use as type designations for American wines. When more than one name may be used to identify a single variety of grape, the synonym is shown in parentheses following the grape variety names. Grape variety names may appear on labels of wine in upper or in lower case, and may be spelled with or without the hyphens or diacritic marks indicated in the following list. Aglianico Agawam Albariño (Alvarinho) Albemarle Aleatico Alicante Bouschet Aligoté Alvarelhão Alvarinho (Albariño) Arneis Aurore Auxerrois Bacchus Baco blanc Baco noir Barbera Beacon Beclan Bellandais Beta Biancolella Black Corinth Black Malvoisie (Cinsaut) Black Monukka Black Muscat (Muscat Hamburg) Black Pearl Blanc Du Bois Blaufränkish (Lemberger, Limberger) Blue Eye Bonarda Bountiful Brianna Burdin 4672 Burdin 5201 Burdin 11042 Burgaw Burger Cabernet Diane Cabernet Doré Cabernet franc Cabernet Pfeffer Cabernet Sauvignon Calzin Campbell Early Island Belle Canada Muscat Canaiolo (Canaiolo Nero) Canaiolo Nero (Canaiolo) Captivator Carignan (Carignane) Carignane (Carignan) Carlos Carmenère Carmine Carnelian Cascade Castel 19-637 Catawba Cayuga White Centurion Chambourcin Chancellor Charbono Chardonel Chardonnay Chasselas doré Chelois Chenin blanc Chief Chowan Cinsaut Black Malvoisie Clairette blanche Clinton Colombard French Colombard Colobel Corot noir Cortese Corvina Concord Conquistador Couderc noir Counoise Cowart Creek Crimson Cabernet Cynthiana Norton Dearing De Chaunac Delaware Diamond Dixie Dolcetto Doreen Dornfelder Dulcet Durif (Petite Sirah) Dutchess Early Burgundy Early Muscat Edelweiss Eden Ehrenfelser Ellen Scott Elvira Emerald Riesling Erbaluce Favorite Feher Szagos Fernão Pires Fern Munson Fiano Flame Tokay Flora Florental Folle blanche Forastera Fredonia Freedom Freisa French Colombard (Colombard) Frontenac Frontenac gris Fry Fumé blanc (Sauvignon blanc) Furmint Gamay noir Garnacha (Grenache, Grenache noir) Garnacha blanca (Grenache blanc) Garronet Geneva Red 7 Gewürztraminer Gladwin 113 Glennel Gold Golden Isles Golden Muscat Graciano Grand Noir Green Hungarian Grenache (Garnacha, Grenache noir) Grenache blanc (Garnacha blanca) Grenache noir (Garnacha, Grenache) Grignolino Grillo Gros Verdot Grüner Veltliner Helena Herbemont Higgins Horizon Hunt Iona Interlaken Isabella Island Belle (Campbell Early) Ives James Jewell Joannes Seyve 12-428 Joannes Seyve 23-416 Kerner Kay Gray Kleinberger La Crescent LaCrosse Lagrein Lake Emerald Lambrusco Landal Landot noir Lenoir Léon Millot Lemberger (Blaufränkish, Limberger) Limberger (Blaufränkisch, Lemberger) Louise Swenson Lucie Kuhlmann Madeline Angevine Magnolia Magoon Malbec Malvasia bianca (Moscato greco) Mammolo Maréchal Foch Marquette Marsanne Mataro (Monastrell, Mourvèdre) Melody Melon (Melon de Bourgogne) Melon de Bourgogne (Melon) Merlot Meunier (Pinot Meunier) Mish Mission Missouri Riesling Monastrell (Mataro, Mourvèdre) Mondeuse (Refosco) Montefiore Montepulciano Moore Early Morio-Muskat Moscato greco (Malvasia bianca) Mourvèdre (Mataro) Mourvèdre (Mataro, Monastrell) Müller-Thurgau Münch Muscadelle Muscat blanc (Muscat Canelli) Muscat Canelli (Muscat blanc) Muscat du Moulin Muscat Hamburg (Black Muscat) Muscat of Alexandria Muscat Ottonel Naples Nebbiolo Négrette Negrara Negro Amaro Nero d'Avola New York Muscat Niagara Noah Noble Noiret Norton (Cynthiana) Ontario Orange Muscat Palomino Pamlico Pedro Ximenes Peloursin Petit Bouschet Petit Manseng Petit Verdot Petite Sirah (Durif) Peverella Picpoul (Piquepoul blanc) Pinotage Pinot blanc Pinot Grigio (Pinot gris) Pinot gris (Pinot Grigio) Pinot Meunier (Meunier) Pinot noir Piquepoul blanc (Picpoul) Prairie Star Precoce de Malingre Pride Primitivo Princess Rayon d'Or Ravat 34 Ravat 51 (Vignoles) Ravat noir Redgate Refosco (Mondeuse) Regale Reliance Riesling (White Riesling) Rkatsiteli (Rkatziteli) Rkatziteli (Rkatsiteli) Roanoke Rondinella Rosette Roucaneuf Rougeon Roussanne Royalty Rubired Ruby Cabernet St. Croix St. Laurent St. Pepin St. Vincent Sabrevois Sagrantino Saint Macaire Salem Salvador Sangiovese Sauvignon blanc (Fumé blanc) Sauvignon gris Scarlet Scheurebe Sémillon Sereksiya Seyval Seyval blanc Seyval blanc (Seyval) Shiraz (Syrah) Siegerrebe Siegfried Southland Souzão Steuben Stover Sugargate Sultanina Thomspon Seedless Summit Suwannee Sylvaner Symphony Syrah Shiraz Swenson Red Tannat Tarheel Taylor Tempranillo Valdepeñas Teroldego Thomas Thompson Seedless Sultanina Tinta Madeira Tinto cão Tocai Friulano Topsail Touriga Traminer Traminette Trebbiano (Ugni blanc) Trousseau Trousseau gris Ugni blanc Trebbiano Valdepeñas (Tempranillo) Valdiguié Valerien Valiant Valvin Muscat Van Buren Veeblanc Veltliner Ventura Verdelet Verdelho Vergennes Vermentino Vidal blanc Vignoles (Ravat 51) Villard blanc Villard noir Vincent Viognier Vivant Welsch Rizling Watergate Welder White Riesling (Riesling) Wine King Yuga Zinfandel Zinthiana Zweigelt [T.D. ATF-370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF-417, 64 FR 49388, Sept. 13, 1999; T.D. ATF-433, 65 FR 78096, Dec. 14, 2000; T.D. ATF-466, 66 FR 49280, Sept. 27, 2001; T.D. ATF-475, 67 FR 11918, Mar. 18, 2002; T.D. ATF-481, 67 FR 56481, Sept. 4, 2002; T.D. TTB-95, 76 FR 66628, Oct. 25, 2011] § 4.92 Alternative names permitted for temporary use. The following alternative names shown in the left column may be used as the type designation for American wine in lieu of the name of the grape variety shown in the right column. Alternative names listed in the left column may only be used for wine bottled prior to the date indicated. (a) Wines bottled prior to January 1, 1997. Alternative Name/Name Baco 1—Baco noir Baco 22A—Baco blanc Bastardo—Trousseau Black Spanish—Lenoir Burdin 7705—Florental Cayuga—Cayuga White Chancellor noir—Chancellor Chasselas—Chasselas doré Chevrier—Sémillon Chelois noir—Chelois Couderc 71-20—Couderc noir Couderc 299-35—Muscat du Moulin Foch—Maréchal Foch Franken Riesling—Sylvaner Gutedel—Chasselas doré Ives Seedling—Ives Jacquez—Lenoir Joannes Seyve 26-205—Chambourcin Landot 244—Landal Landot 4511—Landot noir Millot—Leon Millot Moore's Diamond—Diamond Norton Seedling—Norton Pfeffer Cabernet—Cabernet Pfeffer Pineau de la Loire—Chenin blanc Pinot Chardonnay—Chardonnay Ravat 262—Ravat noir Ruländer—Pinot gris Seibel 128—Salvador Seibel 1000—Rosette Seibel 4986—Rayon d'Or Seibel 5279—Aurore Seibel 5898—Rougeon Seibel 7053—Chancellor Seibel 8357—Colobel Seibel 9110—Verdelet Seibel 9549—De Chaunac Seibel 10878—Chelois Seibel 13053—Cascade Seibel 14596—Bellandais Seyve-Villard 5-276—Seyval Seyve-Villard 12-309—Roucaneuf Seyve-Villard 12-375—Villard blanc Seyve-Villard 18-283—Garronet Seyve-Villard 18-315—Villard noir Seyve-Villard 23-410—Valerien Sweetwater—Chasselas doré Verdelet blanc—Verdelet Vidal 256—Vidal blanc Virginia Seedling—Norton Wälschriesling—Welsch Rizling Welschriesling—Welsch Rizling (b) Wines bottled prior to January 1, 1999. Alternative Name/Name Cabernet—Cabernet Sauvignon Grey Riesling—Trousseau gris Muscat Frontignan—Muscat blanc Muscat Pantelleria—Muscat of Alexandria Napa Gamay—Valdiquié Pinot Saint George—Négrette Sauvignon vert—Muscadelle (c) Wines bottled prior to January 1, 2006. Alternative Name/Name Johannisberg Riesling—Riesling (d) Wines bottled prior to Alternative Name/Name Agwam—Agawam [T.D. ATF-370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF-417, 64 FR 49388, Sept. 13, 1999; T.D. TTB-95, 76 FR 66629, Oct. 27, 2011] § 4.93 Approval of grape variety names. (a) Any interested person may petition the Administrator for the approval of a grape variety name. The petition may be in the form of a letter and should provide evidence of the following— (1) Acceptance of the new grape variety, (2) The validity of the name for identifying the grape variety, (3) That the variety is used or will be used in winemaking, and (4) That the variety is grown and used in the United States. (b) For the approval of names of new grape varieties, documentation submitted with the petition to establish the items in paragraph (a) of this section may include— (1) reference to the publication of the name of the variety in a scientific or professional journal of horticulture or a published report by a professional, scientific or winegrowers' organization, (2) reference to a plant patent, if so patented, and (3) information pertaining to the commercial potential of the variety, such as the acreage planted and its location or market studies. (c) The Administrator will not approve a grape variety name if: (1) The name has previously been used for a different grape variety; (2) The name contains a term or name found to be misleading under § 4.39; or (3) The name of a new grape variety contains the term “Riesling.” (d) For new grape varieties developed in the United States, the Administrator may determine if the use of names which contain words of geographical significance, place names, or foreign words are misleading under § 4.39. The Administrator will not approve the use of a grape variety name found to be misleading. (e) The Administrator shall publish the list of approved grape variety names at least annually in the Federal Register. (Approved by the Office of Management and Budget under Control Number 1512-0513) Subpart K—Use of the Term “Organic” § 4.101 Use of the term “organic.” (a) Use of the term “organic” is optional and is treated as “additional information on labels” under § 4.38(f). (b) Any use of the term “organic” on a wine label or in advertising of wine must comply with the United States Department of Agriculture's (USDA) National Organic Program rules (7 CFR part 205) as interpreted by the USDA. (c) This section applies to labels and advertising that use the term “organic” on and after October 21, 2002. [T.D. ATF-483, 67 FR 62858, Oct. 8, 2002]

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