GUIDELINES FOR LABELING DILUTED SPIRITS
Proprietors of Distilled Spirits Plants
and Others Concerned:
Purpose. This circular is to inform industry members that an
ATF Ruling will be published in the ATF Bulletin which will prescribe
guidelines for labeling diluted spirits. The ruling will read as
follows:
The Bureau of Alcohol, Tobacco and Firearms has
been requested to explain the application of regulations
relating to the labeling of various distilled spirits
that are diluted with water for bottling below the
minimum bottling proofs prescribed in 27 CFR 5.22.
The regulations in 27 CFR 5.22 provide that various
classes and types of whisky and other distilled spirits
shall be bottled at not less than 80 degrees of proof.
Section 5.22 does not provide any tolerance below 80
degrees of proof with respect to the eligibility of such
spirits to bear its designations. However, as a matter
of practical necessity, the regulations in 27 CFR
201.333, 201.459, and 201.470k specifically provide, in
part, that bottles of spirits shall be so labeled that
the bottled spirits agree in proof with the data on the
label except for an allowance for a normal drop in proof
occurring during the bottling process not to exceed
three-tenths of a degree. The Bureau has always required
distilled spirits to be labeled as "Diluted" if the
spirits exceeded the three-tenths of a degree allowance
or, even though within such allowance, if the variation
was not due to a normal drop in proof occurring during
the bottling process.
Moreover, in Circular FA-91, dated January 21, 1937,
(relating to a digest of interpretations of Regulations 5,
concerning the labeling and advertising of distilled
spirits), the Administrator of the Federal Alcohol
Administration (a predecessor agency administering the
Federal Alcohol Administration Act) ruled that with regard to the labeling of an underproof product there
must appear immediately following and in direct con-
junction with the class and type designation for such
product the actual proof thereof and the phrase
"United States Government Standard for ______ Requires
Not Less Than 80° Proof"; e.g., if the underproof
product is "Blended Whisky," the correct class and
type designation would be "Diluted Blended Whisky,"
followed immediately by the actual proof and the
phrase stated above.
Section 5.35(a) of title 27 of the Code of
Federal Regulations provides, in part, that the class
and type of distilled spirits shall be stated in con-
formity with the standards of identity set forth in
section 5.22 if defined therein. In all other
instances the product is required to be designated
in accordance with trade and consumer understanding
thereof, or, if no such understanding exists, by a
distinctive or fanciful name, and in either case
followed by a truthful and adequate statement of
composition. No statement of composition is required
if the designation through general and established
usage adequately indicates to the consumer the
composition of the product.
In view of the various minimum bottling proofs
prescribed in section 5.22 and in accordance with
section 5.35, the Bureau has established new guide-
lines for labeling diluted products.
Held, where the minimum bottling proof for
various classes and types of distilled spirits pre-
scribed in 27 CFR 5.22 is 80 degrees of proof, the
bottling proof of any spirits to be bottled at that
proof must be set exactly at such proof in the
bottling tank. However, where, through no fault of
the proprietor, there is a subsequent loss of proof
in the bottling process of not more than three-tenths
of a degree of proof, the bottled product retains its
eligibility to be labeled in accordance with the
class and type prescribed. Conversely, any shading
of the proof of any such product through deliberate
acts or negligence on the part of the bottler which
results in the product being less than 80 proof would
render the product ineligible for its original
designation and subject it to being labeled as a
"Diluted Product."
Held further,
(1) The designation of a "Diluted
Product" shall include the word "Diluted," followed
by the standard class and type designation. There
must be stated, immediately following and in direct
conjunction with the class and type designation, the
actual proof of the product. No part of the desig-
nation may appear separately on any portion of the
brand label, back label, or strip label.
(2) Where desired by the bottler or required by
State regulation, the alcohol content may be stated
in percent by volume, provided it appears in direct
conjunction with the statement of the actual proof
of the product.
(3) The word "Diluted" must be as conspicuous
as the statement of class to which it refers and
must appear in direct conjunction therewith and in
readily legible type on a completely contrasting
background. In no event shall it be less than 8-point
Gothic caps except in the case of labels on bottles of
less than one-half pint capacity in which case it may
be smaller than 8-point Gothic caps if readily legible
under ordinary conditions.
(4) The actual proof must be stated in numerals
in script, type, or printing.
(5) The statement "United States Government
Standard for ______ Requires Not Less Than ______ °
Proof", as set forth in Circular FA-91, is no longer
required and is hereby prohibited for use in the
labeling of diluted products.
These guidelines are effective immediately and
apply to all new label applications for diluted
products. The Bureau will permit the use until
April 1, 1976, of all previously approved labels for
diluted products that do not meet the requirements
of this ruling. Label approval certificates for such
labels shall be surrendered for cancellation upon
depletion of present inventories thereof or upon
close of business March 31, 1976, whichever occurs
first.
That part of Circular FA-91 which interprets
prior section 34(a) of FAA Regulations 5, relating
to the labeling of whisky and gin diluted to less
than 80° proof, is superseded.
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, D. C. 20226.
![Rex Davis](https://webarchive.library.unt.edu/web/20130226122142im_/http://www.ttb.gov/images/rex_davis.jpg)
Rex D. Davis
Director |