LABELING OF EEC WINES
Importers and Others Concerned:
Purpose. The purpose of this circular is to inform
industry members that ATF Ruling 77-30 will be published
in a future issue of the Alcohol, Tobacco and Firearms
Bulletin. The ruling will read substantially as follows:
The Bureau of Alcohol, Tobacco and Firearms recognizes
the need for clarification of its position regarding the
labeling of wines consisting of a blend of wines from
various foreign countries. Such wines have been labeled
in the country where blended as products of the blending
country, sometimes with vintage dates and appellations
of origin. The need for this ruling is brought about by
the recent influx of questionably labeled EEC (European
Economic Community) blends shipped to the United States.
The Bureau wishes to notify all importers that this type
of labeling is contrary to Section 5(e) of the Federal
Alcohol Administration Act, as implemented by 27 CFR
Part 4.
27 CFR 4.10(h) defines vintage wine, in part, as a wine
deriving not less than 95 percent of its volume from grapes
gathered in the same calendar year, grown in the same
viticultural area, and fermented in the State in which this
viticultural area is located.
27 CFR 4.25 states that wine shall be entitled to an appel-
lation of origin if (1) at least 75 percent of its volume is
derived from fruit or agricultural products grown in the
place or region indicated by such appellation, (2) it has
been fully manufactured and finished within the State in
which such place or region is located, and (3) it conforms
to the requirements of the laws and regulations of such place
or region governing the composition, method of manufacture,
and designation of wines for home consumption.
27 CFR 4.35(b)(2) requires that if wine is blended, bottled
or packed in a foreign country other than the country of ori-
gin and the country of origin is stated or otherwise indicated
on the label, there shall also be stated the name of the bottler,
packer, or blender and the place where bottled, packed
or blended, immediately preceded by the words "Bottled
by," "Packed by," "Blended by," or other appropriate
statement.
27 CFR 4.39(a)(1) prohibits the appearance on containers
of wine, or any label on such containers, or any indi-
vidual covering, carton or other wrapper of such
container, or any written, printed, graphic, or other
matter accompanying such containers of any statement
which is likely to mislead the consumer.
27 CFR 4.45 provides that imported wine shall not be
released from Customs custody unless the invoice is
accompanied by a certificate of origin issued by a duly
authorized official of the appropriate foreign government,
if the issuance of such certificates with respect to such
wine has been authorized by the foreign government
concerned.
19 CFR 134.11 implementing Section 304 of the Tariff Act
of 1930 requires, in part, that every article of foreign
origin (or its container) imported into the United States
shall be marked in a conspicuous place as legibly, indelibly,
and permanently as the nature of the article (or container)
will permit, in such a manner as to indicate to an ultimate
purchaser in the United States the English name of the
country of origin of the article, at the time of importation
into the United States.
We have been advised by the United States Customs Service
that wine consisting of a blend of wines from various foreign
countries may comply with the country of origin require-
ments of 19 CFR 134.11 in one of two ways. First, Customs
will permit the country in which the wine was blended to be
named as the country of origin. The Bureau of Alcohol,
Tobacco and Firearms has determined that the labeling
of such blended wine as product of the blending country
violates 27 CFR 4.39(a)(1) since it creates the mis-
leading impression that the grapes were actually grown
and the wine produced in that country. Second,
Customs will permit labeling which discloses the
percentage and country of origin of each component
wine contributing to the blended product. For example:
60 percent wine produced in Italy
30 percent wine produced in France
10 percent wine produced in Germany.
In order to ensure that blended wines comply with
both the country of origin markings required by
Customs and ATF regulations concerning the use
of appellation of origin and other requirements, the
following guidelines are established:
Held,
1. Pursuant to 27 CFR 4.39(a)(1), labels on wine
consisting of a blend of wines from various foreign
countries may not claim to be a product of the blend-
ing country unless the wine is entitled to an appellation
of origin under 27 CFR 4.25. In addition, wine so
labeled will not be released by Customs unless the
invoice is accompanied by a certificate of origin and
identity as required by 27 CFR 4.45. Therefore, labels
on wine not entitled to an appellation of origin must
list the percentage and origin of the component wines
in order to comply with 19 CFR 134.11, without
violating Section 4.39(a)(1).
2. The labels for wines consisting of a blend of wines
from various foreign countries must bear the name
and address (city and country) of the blender and of the
bottler preceded by the legends "Blended by" and
"Bottled by" or "Blended and Bottled by," where appli-
cable, in compliance with 27 CFR 4.35(b)(2).
3. Wine consisting of a blend of wines from various
foreign countries is not entitled to a vintage date unless
the wine derives at least 95 percent of its volume from
grapes grown in the same calendar year, in the same viticultural area and is fermented in the country where
the viticultural area is located.
These guidelines are effective immediately and apply to
all new label applications for wines consisting of a blend of
wines from various foreign countries. The Bureau will
permit the use until January 1, 1978, of all previously ap-
proved labels which do not meet the requirements of this
ruling and bear wording such as "Aus Landern der EWG, "
"Aus Landern EG," "Produce of the EEC" or similar
wording. Label approval certificates shall be surrendered
for cancellation upon close of business, December 31, 1977.
Inquiry. 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.
Rex D. Davis
Director |