PART 13—LABELING PROCEEDINGS Authority: 27 U.S.C. 205(e), 26 U.S.C. 5301 and 7805. Source: T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, unless otherwise noted. Editorial Note: Nomenclature changes to part 13 appear by T.D. ATF-449, 66 FR 19085, Apr. 13, 2001. Subpart A—Scope and Construction of Regulations § 13.1 Scope of part. The regulations in this part govern the procedure and practice in connection with the issuance, denial, and revocation of certificates of label approval, certificates of exemption from label approval, and distinctive liquor bottle approvals under 27 U.S.C. 205(e) and 26 U.S.C. 5301. The regulations in this part also provide for appeal procedures when applications for label approval, exemptions from label approval, or distinctive liquor bottle approvals are denied, when such applications are approved with qualifications, or when these applications are approved and then subsequently revoked. The appeal process in this part does not apply to organic claims on alcohol beverage labels. See § 13.101. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-483, 67 FR 62858, Oct. 8, 2002 ] § 13.2 Delegations of the Administrator. The regulatory authorities of the Administrator contained in this part are delegated to appropriate TTB officers. These TTB officers are specified in TTB Order 1135.13, Delegation of the Administrator's Authorities in 27 CFR Part 13, Labeling Proceedings. You may obtain a copy of this order by accessing the TTB Web site ( https://www.ttb.gov [T.D. TTB-44, 71 FR 16924, Apr. 4, 2006, as amended by T.D. TTB-196, 89 FR 87937, Nov. 6, 2024] § 13.3 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 4—Labeling and Advertising of Wine 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 16—Alcoholic Beverage Health Warning Statement 27 CFR Part 19—Distilled Spirits Plants 27 CFR Part 24—Wine 27 CFR Part 25—Beer 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 28—Exportation of Alcohol 27 CFR Part 71—Rules of Practice in Permit Proceedings [T.D. ATF-483, 67 FR 62858, Oct. 8, 2002, as amended by T.D. TTB-8, 69 FR 3829, Jan. 27, 2004] Subpart B—Definitions § 13.11 Meaning of terms. Where used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meaning ascribed in this subpart. Words in the plural form shall include the singular, and vice versa, and words importing the masculine gender shall include the feminine. The terms “include” and “including” do not exclude things not enumerated that are in the same general class. Act. Administrator. Applicant. Appropriate TTB officer. Brewer. Certificate holder. Certificate of exemption from label approval. Certificate of label approval. Distilled spirits. Distinctive liquor bottle. Distinctive liquor bottle approval. Interstate or foreign commerce. Liquor bottle: Malt beverage. Permittee. Person. TTB. 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-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 FR 19085, Apr. 13, 2001; T.D. TTB-44, 71 FR 16924, Apr. 4, 2006; T.D. TTB-91, 76 FR 5477, Feb. 1, 2011; T.D. TTB-196, 89 FR 87937, Nov. 6, 2024] Subpart C—Applications § 13.20 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 must be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, the information called for in each form is that which is required by this part. The form will be filed in accordance with the instructions on the form. (b) Forms prescribed by this part are available for printing through the TTB Web site ( https://www.ttb.gov [T.D. ATF-449, 66 FR 19085, Apr. 13, 2001, as amended by T.D. TTB-44, 71 FR 16924, Apr. 4, 2006; T.D. TTB-196, 89 FR 87937, Nov. 6, 2024] § 13.21 Application for certificate. (a) Form of application. (b) Time period for action on application. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 FR 19085, Apr. 13, 2001] § 13.22 Withdrawal of applications. A person who has filed an application for a certificate of label approval, certificate of exemption from label approval, or distinctive liquor bottle approval, may withdraw such application at any time before TTB takes action on the application. § 13.23 Notice of denial. Whenever an application for a certificate of label approval, certificate of exemption from label approval, or distinctive liquor bottle approval is denied, the appropriate TTB officer must issue to the applicant a notice of denial on a certificate of label approval rejection document briefly setting forth the reasons why the label or bottle is not in compliance with the applicable laws or regulations. The applicant may then submit a new application for approval after making the necessary corrections. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 FR 19085, Apr. 13, 2001; T.D. TTB-91, 76 FR 5477, Feb. 1, 2011] § 13.25 Appeal of qualification or denial. (a) Form of appeal. (b) Informal resolution. § 13.26 Decision after appeal of qualification or denial. (a) Decision. (b) Time limits for decision. (c) Judicial review. § 13.27 Second appeal of qualification or denial. (a) Form of appeal. (b) Time limits for decision after second appeal. (c) Judicial review. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999; T.D. ATF-406a, 64 FR 10949, Mar. 8, 1999, as amended by T.D. ATF-449, 66 FR 19086, Apr. 13, 2001] Subpart D—Revocations of Specific Certificates § 13.41 Authority to revoke certificates. Certificates of label approval, certificates of exemption from label approval, and distinctive liquor bottle approvals, previously approved on TTB Form 5100.31, may be revoked by the appropriate TTB officer upon a finding that the label or bottle at issue is not in compliance with the applicable laws or regulations. § 13.42 Notice of proposed revocation. Except as provided in § 13.51, when the appropriate TTB officer determines that a certificate of label approval, certificate of exemption from label approval, or distinctive liquor bottle approval has been issued for a label or bottle that is not in compliance with the laws or regulations, he or she must issue to the certificate holder a notice of proposed revocation. The notice must set forth the basis for the proposed revocation and must provide the certificate holder with 45 days from the date of receipt of the notice to present written arguments or evidence why the revocation should not occur. § 13.43 Decision after notice of proposed revocation. (a) Decision. (b) Time limits for decision. § 13.44 Appeal of revocation. (a) Filing of appeal. (b) Judicial review. [T.D. ATF-449, 66 FR 19086, Apr.13, 2001] § 13.45 Final decision after appeal. (a) Issuance of decision. (b) Time limits for decision. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 FR 19086, Apr. 13, 2001] Subpart E—Revocation by Operation of Law or Regulation § 13.51 Revocation by operation of law or regulation. TTB will not individually notify all holders of certificates of label approval, certificates of exemption from label approval, or distinctive liquor bottle approvals that their approvals have been revoked if the revocation occurs by operation of either TTB-administered law or regulation or applicable law or regulation of other agencies. If changes in labeling or other requirements are made as a result of amendments or revisions to the law or regulations, the certificate holder must voluntarily surrender all certificates that are no longer in compliance. The holder must submit applications for new certificates in compliance with the new requirements, unless TTB determines that new applications are not necessary. If a new application is unnecessary, it is the responsibility of the certificate holder to ensure that labels are in compliance with their requirements of the new regulations or law. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-483, 67 FR 62858, Oct. 8, 2002] § 13.52 Notice of revocation. If TTB determines that a certificate holder is still using a certificate of label approval, certificate of exemption from label approval, or distinctive liquor bottle approval that is no longer in compliance due to amendments or revisions in the law or regulations, the appropriate TTB officer will notify the certificate holder in writing that the subject certificate has been revoked by operation of law or regulations, with a brief description of the grounds for such revocation. § 13.53 Appeal of notice of revocation. Within 45 days after the date of receipt of a notice of revocation by operation of law or regulations, the certificate holder may file a written appeal with the appropriate TTB officer. The appeal should set forth the reasons why the certificate holder believes that the regulation or law at issue does not require the revocation of the certificate. § 13.54 Decision after appeal. (a) Issuance of decision. (b) Time limits for decision. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 FR 19086, Apr. 13, 2001] Subpart F—Miscellaneous § 13.61 Publicity of information. (a) Pending and denied applications General. (2) Labels that make organic claims. (b) Approved applications. https://www.ttb.gov (c) Revoked certificates. (d) Further disclosure of information on denied or revoked certificates. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-483, 67 FR 62859, Oct. 8, 2002; T.D. TTB-196, 89 FR 87937, Nov. 6, 2024] § 13.62 Third-party comment on certificates. When a third party (such as foreign government, another Federal agency, a State agency, an industry association, a competitor of a certificate holder, a consumer or consumer group, or any other interested person) wishes to comment on an approved certificate of label approval, certificate of exemption from label approval, or distinctive liquor bottle approval, such comments should be submitted in writing to the appropriate TTB officer who will review the subject of the comment. If the comment raises an issue that is outside the scope of TTB's statutory or regulatory authority, or the appropriate TTB officer determines that the certificate is in compliance with applicable law and regulations, the commenter will be informed that no further action will be taken. If the appropriate TTB officer determines that the commenter has raised a valid issue that TTB has authority to address, he or she will initiate appropriate action. The appropriate TTB officer may, in his or her discretion, notify the commenter as to the action being taken by TTB with respect to the certificate. [T.D. ATF-449, 66 FR 19086, Apr. 13, 2001] § 13.71 Informal conferences. (a) General. (b) Informal conference procedures. [T.D. ATF-449, 66 FR 19086, Apr. 13, 2001] § 13.72 Effective dates of revocations. (a) Effective dates Revocation of specific certificates. (2) Revocation by operation of law or regulation. (b) Use of certificate during period of appeal. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 FR 19086, Apr. 13, 2001] § 13.73 Effect of revocation. On and after the effective date of a revocation of a certificate of label approval, certificate or exemption from label approval, or distinctive liquor bottle approval, the label or distinctive liquor bottle in question may not be used to bottle or pack distilled spirits, wine or malt beverages, to remove such products from the place where they were bottled or packed, or to remove such products from customs custody for consumption. § 13.74 Surrender of certificates. On the effective date of a final decision that has been issued to revoke a certificate of label approval, certificate of exemption from label approval, or distinctive liquor bottle approval, the certificate holder must surrender the original of the certificate to TTB for manual cancellation. Regardless of whether the original certificate of label approval, certificate of exemption from label approval, or distinctive liquor bottle approval has been manually canceled or not, the certificate is null and void after the effective date of the revocation. It is a violation of this section for any certificate holder to present a certificate of label approval, certificate of exemption from label approval, or distinctive liquor bottle approval to an official of the United States Government as a valid certificate after the effective date of the revocation of the certificate if the certificate holder has been previously notified that such certificate has been revoked by TTB. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 FR 19086, Apr. 13, 2001] § 13.75 Evidence of receipt by TTB. If there is a time limit on TTB action that runs from TTB's receipt of a document, the date of receipt may be established by a certified mail receipt or equivalent written acknowledgment secured by a commercial delivery service or by a written acknowledgment of personal delivery. In the absence of proof of receipt, the date the document is logged in by TTB will be considered the date of receipt. § 13.76 Service on applicant or certificate holder. (a) Method of service. (b) Date of receipt. (c) Person to be served. § 13.81 Representation before TTB. An applicant or certificate holder may be represented by an attorney, certified public accountant, or other person recognized to practice before TTB as provided in 31 CFR part 8 (Practice Before the Bureau of Alcohol, Tobacco and Firearms). The applicable requirements of 26 CFR 601.521 through 601.527 (conference and practice requirements for alcohol, tobacco, and firearms activities) shall apply. § 13.91 Computation of time. In computing any period of time prescribed or allowed by this part, the day of the act, event or default after which the designated period of time is to run, is not counted. The last day of the period to be computed is counted, unless it is a Saturday, Sunday, or legal holiday, in which case the period runs until the next day that is not a Saturday, Sunday, or legal holiday. Papers or documents that are required or permitted to be filed under this part must be received at the appropriate office within the filing time limits, if any. § 13.92 Extensions. An applicant or certificate holder may apply to the appropriate TTB officer deciding the appeal for an extension of any time limit prescribed in this part. The time limit may be extended if TTB agrees the request is reasonable. [T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 FR 19086, Apr. 13, 2001] Subpart G—Appeals Concerning Other Agencies' Rules § 13.101 Appeals concerning use of the term “organic.” To appeal a determination that an organic claim on a label does not comply with the National Organic Program rules in 7 CFR part 205, contact the Program Manager, National Organic Program (NOP), Agricultural Marketing Service, United States Department of Agriculture. See the NOP appeal process in 7 CFR 205.680. [T.D. ATF-483, 67 FR 62859, Oct. 8, 2002]