Polyethylene Terephthalate Liquor Bottles
Proprietors of Distilled Spirits Plants, Importers and
Others Concerned:
Purpose: The purpose of this circular is to
inform you of a forthcoming ATF Ruling concerning the
approval of polyethylene terephthalate containers for
bottling distilled spirits. The ATF Ruling will read
as follows:
The Bureau of Alcohol, Tobacco and Firearms has
been requested to approve the use of polyethylene
terephthalate (PET) as a suitable material for the
manufacture of liquor bottles.
Section 5301(a) of Title 26, United States Code,
provides that the Secretary may regulate the kind of
containers designed or intended for use in the sale
of distilled spirits. Sections 19.11, 194.11, 250.11
and 251.11 of Title 27, Code of Federal Regulations,
provide for liquor bottles to be 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 Director to adequately
protect the revenue.
The Bureau is aware of the need to recognize
advancing technology which provides materials adaptable
or developed for packaging distilled spirits. At the
same time, the Bureau is aware of its responsibilities
for protecting the Federal excise tax revenues, as pre-
scribed by the Internal Revenue Code (Title 26, U.S.C.,
Chapter 51); for insuring an orderly marketplace, in
accordance with the requirements of the Federal Alcohol
Administration Act (Title 27, U.S.C., section 205(e));
and for protecting the environment, pursuant to the
National Environmental Policy Act (Title 42, U.S.C.,
section 4332).
The Bureau recognizes that, in some minor
instances, a proof gain of up to two degrees of proof
per year (and a corresponding water volume loss) may
occur. However, this effect can be minimized by
avoiding high storage temperatures, by insuring that
the wall thickness of PET containers is uniform, and
by insuring market turnover. In any event, ATF has
concluded that this characteristic of PET packaging
poses no jeopardy to the revenue because the taxable
commodity, the alcohol, does not travel through the
package wall. The quantity of alcohol does not change
between the time of bottling and the point of tax
determination. Therefore, it has been determined that
the use of PET for liquor bottles provides adequate
protection to the excise tax revenue and is a suitable
material for this use.
The consumer obtains the same amount of alcohol
contained in the product at the time of bottling, since
only water is lost. Since the same amount of alcohol
is contained in the product with only a very minor, if
any, increase in proof, the label on the product pro-
vides adequate information to the consumer regarding
alcohol content.
In accordance with the requirements imposed by the
National Environmental Policy Act, the Bureau prepared
an assessment of the projected effect on the environ-
ment of PET liquor bottles. The conclusion reached on
the pertinent issues was that neither container use
nor disposal would have a significant environmental
impact.
Held, polyethylene terephthalate (PET) liquor
bottles conforming to the following specifications may
be used as containers for distilled spirits:
(1) The bottles must be rigid or semi-rigid with
molded shape or design which cannot be altered by
pressure without damage to the bottle, and the
wall thickness of the bottle must be as uniform as
possible;
(2) The bottle must be manufactured in an approved
standard of fill; and
(3) The material used to construct the PET bottle
must meet the Food and Drug Administration's health
and safety specifications for the packaging of
alcoholic beverages for consumption as promulgated
in the Code of Federal Regulations.
Inquiries: Inquiries concerning this circular
should refer to its number and be addressed to the
Assistant Director, Regulatory Enforcement, Bureau
of Alcohol, Tobacco and Firearms, 1200 Pennsylvania
Avenue, NW., Washington, DC 20226. Attention:
Commodity Classification Branch.
Acting Director |