Industry Circular

Number: 76-12

Date: June 10, 1976

Department of the Treasury

Bureau of Alcohol, Tobacco and Firearms

Washington, DC 20226

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ARTIFICIALLY TOP-NOTED FLAVORS IN SPECIAL NATURAL WINES

Proprietors of Bonded Wine Cellars and Others Concerned:

Purpose. This circular is issued to inform producers of special natural wine of the extension of the time limitations for taking certain actions regarding the use of artificially top-noted flavors in special natural wines and the labeling of the special natural wines so treated.

Background. Industry Circular No. 75-12 called to your attention amendments made to the Food and Drug Administration regulations under 21 CFR 1.12, effective June 30, 1975. These amendments established a highly restrictive definition of the term "natural flavor." The effect of the FDA regulatory changes as applied to certain flavoring ingredients listed on approved special natural wine formulas was considered by the Bureau at that time and it was concluded that winemakers affected would be given until June 30, 1976, to comply with certain ATF requirements brought about by the FDA regulatory changes.

We have again reviewed the situation and find that in order to avoid any undue hardships one final period beyond June 30, 1976, will be required by those winemakers affected. Accordingly, the time period has been extended to December 31, 1976, as set forth below.

Compliance. Flavors labeled under the new FDA regulations as "natural and artificial" may continue to be used on bonded wine cellar premises in the production of special natural wines until December 31, 1976. Not later than December 31, 1976, winemakers using such flavors shall surrender the applicable approved Forms 698 Supplemental for cancellation, unless such formulas can be amended by rider, in accordance with the proviso under 27 CFR 240.441(b), to include natural flavors in substitution for the flavors no longer recognized as com- pletely natural. In such case, the rider shall show the replacement of the flavor now labeled as "natural and artifi- cial" with a flavor eligible for a "natural" designation under the amended FDA regulations, and new samples of products produced under the amended formulas must be submitted. Further, all approved labels related to the amended formulas must be examined. If they have been rendered inaccurate by the changes in formula, revised labels must be submitted for approval at the same time the amended formula is submitted for approval.

Forms 698 Supplemental previously approved with the qualification that limits production of special natural wines with artificial topnotes to June 30, 1976, are hereby automatically extended to December 31, 1976.

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