USE OF DESCRIPTIVE TERMS ON WINE LABELS
Proprietors of Bonded Wine Cellars,
Taxpaid Wine Bottling Houses,
Importers, and Others Concerned:
Purpose. The purpose of this circular is to inform
industry members that ATF Ruling 77-6 will be published in the
April issue of the Alcohol, Tobacco and Firearms Bulletin. The
ruling will permit the use on wine labels of certain descriptive
terms not defined by regulations and will read substantially as
follows:
The Bureau of Alcohol, Tobacco and Firearms has
been asked to reconsider its position regarding the
authorized use of specific descriptive terms on a wine
label which are intended to indicate a higher sugar content
for the grapes used in the wine. Presently, the Bureau
allows terms such as "Late Harvest," "Late Picked,"
"Botrytis Infected," "Pourriture Noble," "Ice Wine,"
and acceptable variations thereof without further
qualification.
Section 4.39(a) of the regulations implementing
section 5(e) of the Federal Alcohol Administration Act
(27 U.S.C. 205(e)) prohibits the use of any label
containing a statement on a wine container which is
likely to mislead or deceive consumers about the wine
product therein.
Section 4.38(f) of the regulations provides that
labels may contain information other than the manda-
tory label information provided such information does
not conflict with, nor in any manner qualify, state-
ments required by any regulations promulgated under
the Act.
Since terms such as "Late Harvest," "Late Picked,"
"Botrytis Infected," "Pourriture Noble," "Ice Wine,"
and variations thereof are subject to several different
interpretations, the Bureau has determined that the
use of such terms on a wine label without qualification
is likely to mislead the consumer as to the identity of the wine.
Held, in accordance with the requirements of section
4.38(f), the Bureau will approve the use of the terms "Late
Harvest" and "Late Picked" and acceptable variations thereof,
for appearance on labels for grape wine provided the amount
of sugar contained in the grapes at the time of harvest and
the amount of residual sugar in the finished wine are accurately
stated on a front or back label for the product. The amount of
sugar may be stated in degrees brix or percent by weight but
must be stated in the same kind of measure for both the sugar
content of the grapes and the residual sugar content of the
finished wine.
The terms "Botrytis Infected," "Pourriture Noble" and
other synonyms for infection by the botrytis cinerea mold will
be acceptable on labels for wine made from grapes which have
been infected with the mold, provided the labels bear the state-
ments of sugar content as required for "Late Harvest" and
"Late Picked" wines.
The term "Ice Wine" may appear on labels for wine made
from grapes which have been partially frozen on the vine, pro-
vided the labels bear the statements of sugar content as required
above for "Late Harvest" and "Late Picked" wines.
Held further, except for vintage wine, harvest or picking
dates may not be stated on labels since such dates would have
little meaning due to variations of growing locations, grape
varieties, and climatic conditions and could likely mislead
the consumer into believing the wine is vintage wine.
These requirements are effective immediately and
apply to all new label applications using the terms permitted
herein. The Bureau will, however, permit the use until
June 1, 1977, of all previously approved labels bearing
references to "Late Harvest," "Late Picked," "Ice Wine,"
or similar terms which do not meet the requirements of
this ruling. Label approval certificates for such labels
shall be surrendered for cancellation upon the close of
business May 31, 1977.
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.
Rex D. Davis
Director
GPO 913.934 |