[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR13.11]

[Page 304-305]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 13_LABELING PROCEEDINGS--Table of Contents
 
                          Subpart B_Definitions
 
Sec.  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. The Federal Alcohol Administration Act.
    Administrator. The Administrator, Alcohol and Tobacco Tax and Trade 
Bureau, Department of the Treasury, Washington, DC.
    Applicant. The permittee or brewer whose name, address, and basic 
permit number, or plant registry number, appears on an unapproved Form 
5100.31, application for a certificate of label approval, certificate of 
exemption from label approval, or distinctive liquor bottle approval.
    Appropriate TTB officer. An officer or employee of the Alcohol and 
Tobacco Tax and Trade Bureau (TTB) authorized to perform any functions 
relating to the administration or enforcement of this part by TTB Order 
1135.13, Delegation of the Administrator's Authorities in 27 CFR Part 
13, Labeling Proceedings.
    Brewer. Any person who brews beer (except a person who produces only 
beer exempt from tax under 26 U.S.C. 5053(e)) and any person who 
produces beer for sale.
    Certificate holder. The permittee or brewer whose name, address, and 
basic permit number, or plant registry number, appears on an approved 
Form 5100.31, certificate of label approval, certificate of exemption 
from label approval, or distinctive liquor bottle approval.
    Certificate of exemption from label approval. A certificate issued 
on Form 5100.31 which authorizes the bottling of wine or distilled 
spirits, under the condition that the product will under no 
circumstances be sold, offered for sale,

[[Page 305]]

shipped, delivered for shipment, or otherwise introduced by the 
applicant, directly or indirectly, into interstate or foreign commerce.
    Certificate of label approval. A certificate issued on Form 5100.31 
that authorizes the bottling or packing of wine, distilled spirits, or 
malt beverages, or the removal of bottled wine, distilled spirits, or 
malt beverages from customs custody for introduction into commerce, as 
long as the project bears labels identical to the labels affixed to the 
face of the certificate, or labels with changes authorized by the 
certificate.
    Distilled spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits 
of wine, whisky, rum, brandy, gin, and other distilled spirits, 
including all dilutions and mixtures thereof for nonindustrial use. The 
term ``distilled spirits'' does not include mixtures containing wine, 
bottled at 48 degrees of proof or less, if the mixture contains more 
than 50 percent wine on a proof gallon basis.
    Distinctive liquor bottle. A liquor bottle of distinctive shape or 
design.
    Distinctive liquor bottle approval. Approval issued on Form 5100.31 
that authorizes the bottling of distilled spirits, or the removal of 
bottled distilled spirits from customs custody for introduction into 
commerce, as long as the bottle is identical to the photograph affixed 
to the face of the form.
    Interstate or foreign commerce. Commerce between any State and any 
place outside that State, or commerce within any Territory or the 
District of Columbia, or between points within the same State but 
through any place outside that State.
    Liquor bottle: A bottle made of glass or earthenware, or of other 
suitable material approved by the Food and Drug Administration, which 
has been designed or is intended for use as a container for distilled 
spirits for sale for beverage purposes, and which has been determined by 
the appropriate TTB officer to protect the revenue adequately.
    Malt beverage. A beverage made by the alcoholic fermentation of an 
infusion or decoction, or combination of both, in potable brewing water, 
of malted barley with hops, or their parts, or their products, and with 
or without other malted cereals, and with or without the addition of 
unmalted or prepared cereals, other carbohydrates, or products prepared 
therefrom, and with or without the addition of carbon dioxide, and with 
or without other wholesome products suitable for human food consumption.
    Permittee. Any person holding a basic permit under the Federal 
Alcohol Administration Act.
    Person. Any individual, partnership, joint stock company, business 
trust, association, corporation, or other form of business enterprise, 
including a receiver, trustee, or liquidating agent and including an 
officer or employee of any agency of a State or political subdivision 
thereof.
    TTB. The Alcohol and Tobacco Tax and Trade Bureau, Department of the 
Treasury, Washington, DC.
    United States. The several States and Territories and the District 
of Columbia; the term ``State'' includes a Territory and the District of 
Columbia; and the term ``Territory'' means the Commonwealth of Puerto 
Rico.
    Use of other terms. Any other term defined in the Federal Alcohol 
Administration Act and used in this part shall have the same meaning 
assigned to it by the Act.
    Wine. Wine as defined in section 610 and section 617 of the Revenue 
Act of 1918 (26 U.S.C. 3036, 3044, 3045) and 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; in each instance only if containing not less than 7 percent, and 
not more than 24 percent of alcohol by volume, and if for nonindustrial 
use.

[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]