1513-0111 Law and Regs.

-7-

1513-0111

27 U.S.C.

Sec. 205. Unfair competition and unlawful practices

It shall be unlawful for any person engaged in business as a

distiller, brewer, rectifier, blender, or other producer, or as an

importer or wholesaler, of distilled spirits, wine, or malt beverages,

or as a bottler, or warehouseman and bottler, of distilled spirits,

directly or indirectly or through an affiliate:

(e) Labeling

To sell or ship or deliver for sale or shipment, or otherwise

introduce in interstate or foreign commerce, or to receive therein, or

to remove from customs custody for consumption, any distilled spirits,

wine, or malt beverages in bottles, unless such products are bottled,

packaged, and labeled in conformity with such regulations, to be

prescribed by the Secretary of the Treasury, with respect to packaging,

marking, branding, and labeling and size and fill of container (1) as

will prohibit deception of the consumer with respect to such products or the quantity thereof and as will prohibit, irrespective of falsity, such statements relating to age, manufacturing processes, analyses,

guarantees, and scientific or irrelevant matters as the Secretary of the Treasury finds to be likely to mislead the consumer; (2) as will provide the consumer with adequate information as to the identity and quality of the products, the alcoholic content thereof (except that statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages are prohibited unless required by State law and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by volume), the net contents of the package, and the manufacturer or bottler or importer of the product; (3) as will require an accurate statement, in the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer of the percentage of neutral spirits so used and of the name of the commodity from which such neutral spirits have been distilled, or in case of neutral spirits or of gin produced by a process of continuous distillation, the name of the commodity from which distilled; (4) as will prohibit statements on the label that are disparaging of a competitor's products or are false, misleading, obscene, or indecent; and (5) as will prevent deception of the consumer by use of 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, and as will prevent the use of a 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 indorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization: Provided, That this clause shall not apply to the use of the name of any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer, wholesaler, retailer, bottler, or warehouseman, of distilled spirits, wine, or malt beverages, nor to the use by any person of a trade or brand name used by him or his predecessor in interest prior to August 29, 1935; including regulations requiring, at time of release from customs custody, certificates issued by foreign governments covering origin, age, and identity of imported products: Provided further, That nothing herein nor any decision, ruling, or regulation of any Department of the Government shall deny the right of any person to use any trade name or brand of foreign origin not presently effectively registered in the United States Patent and Trademark Office which has been used by such person or predecessors in the United States for a period of at least five years last past, if the use of such name or brand is qualified by the name of the locality in the United States in which the product is produced, and, in the case of the use of such name or brand on any label or in any advertisement, if such qualification is as conspicuous as such name or brand.

It shall be unlawful for any person to alter, mutilate, destroy,

obliterate, or remove any mark, brand, or label upon distilled spirits,

wine, or malt beverages held for sale in interstate or foreign commerce

or after shipment therein, except as authorized by Federal law or except pursuant to regulations of the Secretary of the Treasury authorizing relabeling for purposes of compliance with the requirements of this subsection or of State law.

In order to prevent the sale or shipment or other introduction of

distilled spirits, wine, or malt beverages in interstate or foreign

commerce, if bottled, packaged, or labeled in violation of the

requirements of this subsection, (1) no bottler of distilled spirits, no producer, blender, or wholesaler of wine, or proprietor of a bonded wine storeroom, and no brewer or wholesaler of malt beverages shall bottle, and (2) no person shall remove from customs custody, in bottles, for sale or any other commercial purpose, distilled spirits, wine, or malt beverages, respectively, after such date as the Secretary of the Treasury fixes as the earliest practicable date for the application of the provisions of this subsection to any class of such persons (but not later than August 15, 1936, in the case of distilled spirits, and December 15, 1936, in the case of wine and malt beverages, and only after thirty days' public notice), unless, upon application to the Secretary of the Treasury, he has obtained and has in his possession a certificate of label approval covering the distilled spirits, wine, or malt beverages, issued by the Secretary in such manner and form as he shall by regulations prescribe: Provided, That any such bottler of distilled spirits, or producer, blender, or wholesaler of wine, or proprietor of a bonded wine storeroom, or brewer or wholesaler of malt beverages shall be exempt from the requirements of this subsection if, upon application to the Secretary, he shows to the satisfaction of the Secretary that the distilled spirits, wine, or malt beverages to be bottled by the applicant are not to be sold, or offered for sale, or shipped or delivered for shipment, or otherwise introduced, in interstate or foreign commerce. Officers of internal revenue are authorized and directed to withhold the release of distilled spirits from the bottling plant unless such certificates have been obtained, or unless the application of the bottler for exemption has been granted by the Secretary; and customs officers are authorized and directed to withhold the release from customs custody of distilled spirits, wine, and malt beverages, unless such certificates have been obtained. The District Courts of the United States, and the United States court for any Territory shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Secretary upon any application under this subsection; or

(Aug. 29, 1935, ch. 814, title I, Sec. 105, formerly Sec. 5, 49 Stat.

981; Feb. 29, 1936, ch. 105, Sec. 2, 49 Stat. 1152; June 25, 1936, ch.

804, 49 Stat. 1921; June 26, 1936, ch. 830, title V, Secs. 505, 506, 49

Stat. 1965, 1966; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940,

5 F.R. 2108, 54 Stat. 1232; Apr. 20, 1942, ch. 244, Sec. 1(h), 56 Stat.

219; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; renumbered title I, Sec. 105, and amended Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102 Stat. 4517, 4521; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(13)], Nov. 29, 1999, 113 Stat. 1536, 1501A-584.)

27 CFR

Sec. 4.40 Label approval and release.

(a) Certificate of label approval. No imported beverage wine in

containers shall be released from U.S. Customs custody for consumption

unless there is deposited with the appropriate Customs officer at the

port of entry the original or a photostatic copy of an approved

certificate of label approval, TTB Form 5100.31.

(b) If the original or photostatic copy of TTB Form 5100.31 has been approved, the brand or lot of imported wine bearing labels identical with those shown thereon may be released from U.S. Customs custody.

(c) Relabeling. Imported wine in U.S. Customs custody which is not

labeled in conformity with certificates of label approval issued by the

appropriate TTB officer must be relabeled prior to release under the

supervision and direction of Customs officers of the port at which the

wine is located.

(d) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, as well as appeal

procedures, see part 13 of this chapter.

[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]

Sec. 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. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, and certificates of

exemption from label approval, as well as appeal procedures, see part 13 of this chapter.

[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]

Sec. 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.

Sec. 5.51 Label approval and release.

(a) Certificate of label approval. Bottled distilled spirits shall

not be released from Customs custody for consumption unless there is

deposited with the appropriate Customs officer at the port of entry the

original or a photostatic copy of an approved certificate of label

approval, TTB Form 5100.31.

(b) Release. If the original or photostatic copy of TTB Form 5100.31 has been approved, the brand or lot of distilled spirits bearing labels identical with those shown thereon may be released from U.S. Customs custody.

(c) Relabeling. Imported distilled spirits in U.S. Customs custody

which are not labeled in conformity with certificates of label approval

issued by the appropriate TTB officer must be relabeled prior to release under the supervision of the Customs officers of the port at which the spirits are located.

(d) Statements of process. TTB Forms 5100.31 covering labels for gin bearing the word ``distilled'' as a part of the designation shall be accompanied by a statement prepared by the manufacturer, setting forth a step-by-step description of the manufacturing process.

(e) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, as well as appeal

procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40549, June 13, 1980, as amended by T.D. ATF-94, 46

FR 55097, 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 2129, Jan. 13,

1999]

Sec. 5.55 Certificates of label approval.

(a) Requirement. Distilled spirits shall not be bottled or removed

from a plant, except as provided in paragraph (b) of this section,

unless the proprietor possesses a certificate of label approval, TTB

Form 5100.31, covering the labels on the bottle, issued by the

appropriate TTB officer pursuant to application on such form.

Application for certificates of label approval covering labels for

imported gin bearing the word ``distilled'' as a part of the designation shall be accompanied by a statement prepared by the manufacturer setting forth a step-by-step description of the manufacturing process.

(b) Exemption. Any bottler of distilled spirits shall be exempt from the requirements in paragraph (a) of this section and Sec. 5.56 if the bottler possesses a certificate of exemption from label approval, TTB Form 5100.31, issued by the appropriate TTB officer pursuant to application on that Form showing that the distilled spirits to be bottled are not to be sold, offered for sale, or shipped or delivered for shipment, or otherwise introduced into interstate or foreign commerce.

(c) Miscellaneous. Photoprints or other reproductions of

certificates of label approval, or certificates of exemption are not

acceptable as substitutes for an original or duplicate original (issued, on request, by the appropriate TTB officer) of a certificate. The original or duplicate original of such certificates shall, on demand, be exhibited to an authorized officer of the U.S. Government.

(d) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval and certificates of

exemption from label approval, as well as appeal procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40550, June 13, 1980, as amended by T.D. ATF-94, 46

FR 55097, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D.

ATF-406, 64 FR 2129, Jan. 13, 1999]

Sec. 7.30 Application.

Sections 7.30 and 7.31 shall apply to withdrawals of malt beverages

from customs custody only in the event that the laws or regulations of

the State in which such malt beverages are withdrawn for consumption

require that all malt beverages sold or otherwise disposed of in such

State be labeled in conformity with the requirements of Sec. Sec. 7.20

through 7.29.

Sec. 7.31 Label approval and release.

(a) Certificate of label approval. No imported malt beverages in

containers shall be released from Customs custody for consumption unless there is deposited with the appropriate Customs officer at the port of entry the original or a photostatic copy of an approved certificate of label approval, TTB Form 5100.31.

(b) Release. If the original or photostatic copy of TTB Form 5100.31 has been approved, the brand or lot of imported malt beverages bearing labels identical with those shown thereon may be released from U.S. Customs custody.

(c) Relabeling. Imported malt beverages in U.S. Customs custody

which are not labeled in conformity with certificates of label approval

issued by the appropriate TTB officer must be relabeled, prior to

release, under the supervision and direction of the U.S. Customs

officers of the port at which the malt beverages are located.

(d) Formula and samples. The appropriate TTB officer may require an

importer to submit a formula for a malt beverage, or a sample of any

malt beverage or ingredients used in producing a malt beverage, prior to or in conjunction with the filing of a certificate of label approval on TTB Form 5100.31.

(e) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, as well as appeal

procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40552, June 13, 1980, as amended by T.D. ATF-94, 46

FR 55097, 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 2129, Jan. 13,

1999; TTB T.D.-21, 70 FR 235, Jan. 3, 2005]

Sec. 7.40 Application.

Sections 7.40 through 7.42 shall apply only to persons bottling or

packing malt beverages (other than malt beverages in customs custody)

for shipment, or delivery for sale or shipment, into a State, the laws

or regulations of which require that all malt beverages sold or

otherwise disposed of in such State be labeled in conformity with the

requirements of Sec. Sec. 7.20 through 7.29.

Sec. 7.41 Certificates of label approval.

(a) Requirement. No person may bottle or pack malt beverages, or

remove malt beverages from the plant where bottled or packed unless an

approved certificate of label approval, TTB Form 5100.31, is issued.

(b) Cross reference. For procedures regarding the issuance, denial,

and revocation of certificates of label approval, as well as appeal

procedures, see part 13 of this chapter.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-425, 65 FR 11892, Mar. 7, 2000]

Sec. 7.42 Exhibiting certificates to Government officials.

Any bottler or packer holding an original or duplicate original of a certificate of label approval shall, upon demand exhibit such

certificate to a duly authorized representative of the United States

Government or any duly authorized representative of a State or political subdivision thereof.