1513-0084 Regs

1513-0084 Regs.doc

Labeling of Sulfites in Alcoholic Beverages

1513-0084 Regs

OMB: 1513-0084

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§ 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) Alcohol content, in accordance with §4.36.

(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 §4.73, the net contents statement shall appear on a label affixed to the front of the bottle.

(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) [Reserved]

(e) Declaration of sulfites. There shall be stated on a front label, back label, strip label or neck label, the statement “Contains sulfites” or “Contains (a) sulfiting agent(s)” or a statement identifying the specific sulfiting agent where sulfur dioxide or a sulfiting agent is detected at a level of 10 or more parts per million, measured as total sulfur dioxide. The provisions of this paragraph shall apply to:

(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, as amended by T.D. ATF–150, 48 FR 45556, Oct. 6, 1983; T.D. ATF–195, 50 FR 763, Jan. 7, 1985; T.D. ATF–220, 50 FR 51852, Dec. 20, 1985; T.D. ATF–236, 51 FR 34710, Sept. 30, 1986; T.D. ATF–282, 54 FR 7162, Feb. 16, 1989; T.D. ATF–312, 56 FR 31076, 31077, July 9, 1991; T.D. TTB–12, 69 FR 33573, June 16, 2004]

§ 5.32   Mandatory label information.

There shall be stated:

(a) On the brand label:

(1) Brand name.

(2) Class and type, in accordance with §5.35.

(3) Alcoholic content, in accordance with §5.37.

(4) In the case of distilled spirits packaged in containers for which no standard of fill is prescribed in §5.47, net contents in accordance with §5.38(b) or §5.38a(b)(2).

(b) On the brand label or on a back label:

(1) Name and address, in accordance with §5.36.

(2) In the case of imported spirits, the country of origin, in accordance with §5.36.

(3) In the case of distilled spirits packaged in containers conforming to the standards of fill prescribed in §5.47 or §5.47a, net contents in accordance with §5.38(a), §5.38a(a), or §5.38a(b)(1).

(4) Coloring or flavoring, in accordance with §5.39.

(5) 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.

(6) [Reserved]

(7) Declaration of sulfites. There shall be stated, the statement “Contains sulfites” or “Contains (a) sulfiting agent(s)” or a statement identifying the specific sulfiting agent where sulfur dioxide or a sulfiting agent is detected at a level of 10 or more parts per million, measured as total sulfur dioxide. The sulfite declaration may appear on a strip label or neck label in lieu of appearing on the front or back label. The provisions of this paragraph shall apply to:

(i) Any certificate of label approval issued on or after January 9, 1987;

(ii) Any distilled spirits bottled on or after July 9, 1987, regardless of the date of issuance of the certificate of label approval; and,

(iii) Any distilled spirits removed on or after January 9, 1988.

(8) Percentage of neutral spirits and name of commodity from which distilled, or in the case of continuously distilled neutral spirits or gin, the name of the commodity only, in accordance with §5.39.

(9) A statement of age or age and percentage, when required, in accordance with §5.40.

(10) State of distillation of domestic types of whisky and straight whisky, except light whisky and blends, in accordance with §5.36.

(c) In the case of a container which has been excepted under the provisions of §5.46(d), the information required to appear on the “brand label,” as defined, may appear elsewhere on such container if it can be demonstrated that the container cannot reasonably be so designed that the required brand label can be properly affixed.

(Paragraph (b)(7) approved by the Office of Management and Budget under Control No. 1512–0469)

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF–25, 41 FR 10220, Mar. 10, 1976; 41 FR 11022, Mar. 16, 1976; T.D. ATF–94, 46 FR 55096, Nov. 6, 1981; T.D. ATF–150, 48 FR 45556, Oct. 6, 1983; 48 FR 46518, Oct. 13, 1983; T.D. ATF–220, 50 FR 51852, Dec. 20, 1985; T.D. ATF–236, 51 FR 34710, Sept. 30, 1986; T.D. ATF–282, 54 FR 7162, Feb. 16, 1989; T.D. ATF–312, 56 FR 31077, July 9, 1991; T.D. ATF–344, 58 FR 40354, July 28, 1993; T.D. ATF–425, 65 FR 11891, Mar. 7, 2000; T.D TTB–12, 69 FR 33574, June 16, 2004]

§ 7.22   Mandatory label information.

There shall be stated:

(a) On the brand label:

(1) Brand name, in accordance with §7.23.

(2) Class, in accordance with §7.24.

(3) Name and address (except when branded or burned in the container) in accordance with §7.25, except as provided in paragraph (b) of this section.

(4) Net contents (except when blown, branded, or burned, in the container) in accordance with §7.27.

(5) Alcohol content in accordance with §7.71, for malt beverages that contain any alcohol derived from added flavors or other added nonbeverage ingredients (other than hops extract) containing alcohol.

(b) On the brand label or on a separate label (back or front):

(1) In the case of imported malt beverages, name and address of importer in accordance with §7.25.

(2) In the case of malt beverages bottled or packed for the holder of a permit or a retailer, the name and address of the bottler or packer, in accordance with §7.25.

(3) Alcoholic content, when required by State law, in accordance with §7.71.

(4) 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.

(5) [Reserved]

(6) Declaration of sulfites. The statement “Contains sulfites” or “Contains (a) sulfiting agent(s)” or a statement identifying the specific sulfiting agent where sulfur dioxide or a sulfiting agent is detected at a level of 10 or more parts per million, measured as total sulfur dioxide. The sulfite declaration may appear on a strip label or neck label in lieu of appearing on the front or back label. The provisions of this paragraph shall apply to:

(i) Any certificate of label approval issued on or after January 9, 1987;

(ii) Any malt beverage bottled on or after July 9, 1987, regardless of the date of issuance of the certificate of label approval; and,

(iii) Any malt beverage removed on or after January 9, 1988.

(7) Declaration of aspartame. The following statement, in capital letters, separate and apart from all other information, when the product contains aspartame in accordance with Food and Drug Administration (FDA) regulations:

PHENYLKETONURICS: CONTAINS PHENYLALANINE.”

(Paragraph (b)(6) approved by the Office of Management and Budget under Control No. 1512–0469)

[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF–94, 46 FR 55097, Nov. 6, 1981; T.D. ATF–150, 48 FR 45557, Oct. 6, 1983; T.D. ATF–220, 50 FR 51852, Dec. 20, 1985; T.D. ATF–236, 51 FR 34710, Sept. 30, 1986; T.D. ATF–282, 54 FR 7162, Feb. 16, 1989; T.D. ATF–312, 56 FR 31077, July 9, 1991; T.D. ATF–339, 58 FR 21231, Apr. 19, 1993; T.D. ATF–347, 58 FR 44132, Aug. 19, 1993; T.D. TTB–12, 69 FR 33574, June 16, 2004; TTB T.D.–21, 70 FR 234, Jan. 3, 2005]


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