NOTICE OF PROPOSED RULE MAKING
27 CFR Part 5
Proprietors of Distilled Spirits Plants,
Importers and Wholesalers of Distilled
Spirits, Cooperage Industry, and others
concerned:
Industry Circular No. 67-3, dated April 21, 1967, advised
you that hearings would be held on industry proposals to amend
the regulations covering the labeling of domestic whiskies,
particularly as affected by cooperage. These hearings will
begin on September 18, 1967. This circular is issued to pro-
vide you with a reprint of the proposed rule making which was
published in the Federal Register for July 11, 1967.
- - - - -
(27 CFR Part 5)
LABELING AND ADVERTISING OF
DISTILLED SPIRITS
NOTICE OF HEARING ON PETITIONS PROPOSING
CHANGES IN REGULATIONS
Notice is hereby given, pursuant to the provisions of
section 5 of the Federal Alcohol Administration Act (49 Stat.
981 as amended; 27 U.S.C. 205), of a public hearing to begin
at 9:30 A.M. (EDT)
On Monday, September 18, 1967, in the
Auditorium of the Museum of Natural
History, 10th Street and Constitution
Avenue, N.W., Washington, D. C. at which time and place all interested parties will be
afforded opportunity to be heard, in person or by authorized
representative, concerning the petitions for regulatory
changes in 27 CFR Part 5 as stated below.
PETITIONS
1. Petitioner: The American Distilling Company
150 East Forty-Second Street
New York, New York 10017
Petition: a. To add a new standard of identity for a whisky
which has been distilled at more than 160° proof but at less
than 190° proof, aged in oak barrels seasoned by prior use,
and to permit such whisky to bear a conventional age statement.
2. Petitioner: The Associated Cooperage Industries of
America, Inc.
408 Olive Street
St. Louis, Missouri 63102
Petition: a. To provide a maximum limit of 53 wine gallons
on the size of new white oak barrels used for the aging of
domestic whiskies.
Remarks: Persons desiring to testify on this proposal
should be prepared to discuss the effect of barrel size on
the aging of whisky, and, if the testimony is directed at
barrels of a particular size, the relative effect of that
size on age should be covered. Persons who support large
size containers provided pieces of charred oak wood can be
inserted into the containers to correct or minimize deficien-
cies resulting from the large size of the container, should
submit evidence:
(1) as to the effect of aging whisky in
this manner;
(2) as to any differences from aging whisky in
barrels to which wood chips have been added; and
(3) as to
whether the insertion of pieces of charred oak wood into the
containers should be required to be disclosed on the label.
3. Petitioner: Grosscurth Distillers, Inc.
Echo Trail Road
Anchorage, Kentucky 40001
Petition:
a. To redefine "bourbon whisky," "rye whisky,"
"wheat whisky," "malt whisky," or "rye malt whisky," as
whisky which has been distilled from a fermented mash of not
less than 51 percent corn grain, rye grain, wheat grain,
malted barley grain, or malted rye grain, respectively, and
stored in any type of charred white oak container, new or used.
b. To eliminate the requirement that domestically
produced whiskies (other than corn) aged in reused cooperage
bear a statement to the effect that they have been stored in
reused cooperage.
c. To permit the normal age claim for domestic
whiskies aged in reused cooperage.
d. To eliminate the maximum distillation proofs
prescribed for whisky and American type whiskies respectively,
which presently are as follows:
(1) Less than 190° proof for the
class whisky, and
(2) 160° proof or less for American
type whiskies.
4. Petitioner: Publicker Industries, Inc.
1429 Walnut Street
Philadelphia, Pennsylvania 19102
Petition: a. To redefine "bourbon whisky," "rye whisky,"
"wheat whisky," "malt whisky," or "rye malt whisky" as whisky
which has been distilled at less than 190° proof from a fer-
mented mash of not less than 51 percent corn grain, rye grain,
wheat grain, malted barley grain, or malted rye grain,
respectively, and stored in any type of charred white oak
container, new or used.
b. To eliminate the requirement that domestically
produced whiskies (other than corn) aged in reused cooperage
bear a statement to the effect that they have been stored in
reused cooperage, and to permit the normal age statement for
domestic whiskies aged in reused cooperage.
c. To provide that any mixture of one type of
straight whisky be designated as "straight (appropriate type)
whisky" instead of "a blend of straight (appropriate type)
whiskies."
d. To provide that any mixture of different types
of straight whiskies be designated as "straight whisky"
instead of "a blend of straight whiskies."
e. To provide that all domestically produced
whiskies must be aged a minimum of four years before bottling.
f. To eliminate the present maximum proof (125°)
at which whiskies may be stored.
5. Petitioner: Schenley Industries, Inc.
1290 Avenue of the Americas
New York, New York 10019
Petition:
a. To eliminate the requirement that domestically
produced whiskies (other than corn) aged in reused cooperage
bear a statement to the effect that they have been stored in
reused cooperage and to permit the normal age statement for
domestic whiskies aged in reused cooperage.
b. To redefine "bourbon whisky," "rye whisky,"
"wheat whisky," "malt whisky," or "rye malt whisky" as whisky
which, without limitation as to distillation or entry proof,
has been distilled from a fermented mash of not less than 51
percent corn grain, rye grain, wheat grain, malted barley
grain, or malted rye grain, respectively, and stored in any
type of charred white oak container, new or used.
c. To provide that all domestically produced
whiskies must be aged a minimum of two years before bottling.
d. To provide that regulatory changes in respect
to the labeling of any whisky or other distilled spirits shall
not apply to products produced before the date of the publica-
tion of the new regulations in final form; nor to products
produced after said date if bottled in less than six years
from the date of publication.
6. Petitioner: Joseph E. Seagram & Sons, Inc.
375 Park Avenue
New York, New York 10022
Petition:
a. To amend the standards of identity with respect
to distilled spirits distilled at or above 190° proof from a
fermented mash of grain to provide that such distilled spirits,
when stored in reused cooperage for not less than 2 years, be
designated "grain spirits" in lieu of "neutral spirits" with
the required statement as to the commodity from which distilled.
b. To provide that spirits distilled at or above
190° proof from a fermented mash of grain and placed in reused
cooperage for a minimum of 2 years be permitted to claim age
for the period of storage in reused cooperage.
TESTIMONY
In the interest of orderly procedure the subjects raised
by the petitions will be heard separately and in the order set
forth below:
Order of Subjects |
Petition |
Proposal |
1. Prescribe a new type of light whisky stored in used cooperage which will bear a conventional age statement. |
American DistillingCompany |
a |
2. Eliminate the reused cooperage statement for all whiskies. |
Grosscurth Distillers
Publicker Industries
Schenley Industries |
b
b
a |
3. Permit age statement for domestic whisky stored in used cooperage. |
Grosscurth Distillers
Publicker Industries
Schenley Industries |
c
b
a |
4. Permit storage of bourbons, ryes, etc. in used cooperage. |
Grosscurth Distillers
Publicker Industries
Schenley Industries |
a
a
b |
5. Eliminate present maximum distillation proofs. |
Grosscurth Distillers
Publicker Industries
Schenley Industries |
d
a
b |
6. Eliminate present maximum entry proof. |
Publicker Industries
Schenley Industries |
f
b |
7. Establish minimum age re- quirement for whiskies. |
Publicker Industries
Schenley Industries |
e
c |
8. Limit barrel size. |
Associated Cooperage Industries |
a |
9. Change designation for mixtures of one type of straight whisky. |
Publicker Industries |
c |
10. Change designation for mixtures of different types of straight whiskies. |
Publicker Industries |
d |
Order of Subjects |
Petition |
Proposal |
11. Prescribe a new designation and age claim for neutral spirits stored in used cooperage. |
Joseph E. Seagram |
a&b |
12. Effective dates. |
Schenley Industries |
d |
REQUESTS TO PRESENT ORAL TESTIMONY
All persons who desire to present oral testimony should
so advise the Director, Alcohol and Tobacco Tax Division,
Internal Revenue Service, Washington, D. C., 20224, not later
than Friday, September 8, 1967. Requests shall be submitted
in an original and three copies and must include
(1) the name
and address of the party submitting the request,
(2) the name
and address of the person or persons who will present oral
testimony,
(3) identification of the subject or subjects to
which the testimony will be directed, and
(4) the approximate
length of time desired for the presentation of testimony on
each subject.
SUBMISSION OF WRITTEN MATERIAL Any interested party may submit to the Director, Alcohol
and Tobacco Tax Division, Internal Revenue Service, Washington,
D. C., 20224, in an original and nine copies, relevant and
material written data, views or arguments for incorporation
into the record of hearing. The subject to which the comments
are directed must be specifically identified. Written material
must be received not later than Wednesday, September 13, 1967,
At the conclusion of the hearing a reasonable time will
be afforded interested parties for examination of the record
and submission of written arguments and briefs.
Inquiries concerning this circular should refer to its
number and be addressed to the Director, Alcohol and Tobacco
Tax Division (Attention: CP:AT:JHL), Washington, D.C. 20224.
Harold A. Serr
Director, Alcohol and Tobacco Tax Division |