EXEMPTION FROM MANDATORY AGE
STATEMENTS FOR GRAPPA BRANDY
(27 C.F.R. 5.40(b))
Distilled Spirits Plant Proprietors, Importers and Others
Concerned:
Purpose. The purpose of this circular is to advise
industry members of a forthcoming ATF ruling relating to
an exemption from mandatory label references to age for
grappa brandy (27 C.F.R. 5.40(b)). The pertinent portions
of the ruling read substantially as follows:
The Bureau of Alcohol, Tobacco and Firearms (ATF)
has been asked whether grappa brandy is exempt from any
mandatory label references to age in accordance with the
provisions of § 5.40(b). Section 5.40(b) exempts from the
statement of age requirement immature brandy and fruit
brandy not customarily stored in oak containers.
Background. Under current regulations "grappa"
(or "grappa brandy") is a type of brandy produced by
distilling the grape skins and pulp that remain after
the juice or wine has been pressed out. Section 5.40(b)
requires that an appropriate age statement must appear
on the brand label of brandy not stored in oak containers
for a period of at least 2 years. Section 5.40(b) also
provides for an exemption from any mandatory label
references to age for certain types of brandy including,
"fruit brandies which are not customarily stored in oak
containers." ATF has been asked whether grappa falls
within this exemption.
ATF's research on the subject of grappa, including
information provided in technical books and an examination
of numerous hearing transcripts on proposed regulations
dating back to 1940, indicates that this type of brandy
is usually unaged and is most often bottled directly after
distillation. Although sometimes stored in paraffin lined
barrels or other kinds of containers which preclude
contact of the spirits with the wood surface, grappa is
not customarily stored in oak containers and, as such,
should be exempt from any mandatory label references to age. As grappa is not so customarily stored, this ruling
encompasses all grappas, including those which do happen
to be stored in oak containers for a period of less than
2 years.
Finally, ATF's National Laboratory, has determined
that grappa is fruit brandy that is not customarily stored
in oak containers. As such, the statement of age
requirement set forth in section 5.40(b) is optional.
If grappa producers wish to delete the age statement
from grappa labels, they will not need to obtain a new
certificate of label approval from ATF. This also applies
to grappa labels bearing a statement indicating that the
product has not been aged.
Held, "grappa" (or "grappa brandy") is exempt from any
mandatory label references to age in accordance with the
provisions of 27 C.F.R. 5.40(b), as it is a fruit brandy
not customarily stored in oak containers.
Inquiries. Inquiries concerning this circular should
refer to its number and be addressed to: Chief, Industry
Compliance Division, Bureau of Alcohol, Tobacco and
Firearms, 650 Massachusetts Avenue, NW, Washington, DC
20226.
Director |