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imitation, and such name if approved by the Administration shall not thereafter be used as a designation for any other class or type of distilled spirits.

Class 8. Geographical designations.-(a) Geographical names for distinctive types of distilled spirits (other than names found by the Administration under subsection () to have become generic) shall not be applied to distilled spirits produced in any other place than the particular region indicated by the name, unless (1), in direct conjunction with the name there appears the word “type the word " American", or some other adjective indicating the true place of production, in lettering substantially as conspicuous and emphatic as such name, and (2) the distilled spirits to which the name is applied conform to the distilled spirits of that particular region. The following are examples of distinctive types of distilled spirits with geographical names that have not become generic: Eau de Vie de Dantzig (Danziger Goldwasser), Ojen, Tequila, Swedish Punch, Blended Scotch Whiskey, Blended Irish Whiskey, Blended Canadian Whiskey. Geographical names for distinctive types of distilled spirits shall be used to designate only distilled spirits conforming to the standard of identity, if any, for such type specified in this article, or if no such standard is so specified, then in accordance with the trade understanding of that distinctive type. Such geographical names for distinctive types of distilled spirits shall not be used as the name or a part of the name for distilled spirits not of that distinctive type.

(6) Only such geographical names for distilled spirits as the Administration finds have by usage and common knowledge lost their geographical significance to such extent that they have become generic, shall be deemed to have become generic. The following are examples of distinctive types of distilled spirits with geographical names that have bcome generic: London Dry Gin, Geneva Gin, Hollands Gin, Plymouth Gin. i (0) Geographical names that are not names for distinctive types of distilled spirits, and that have not become generic, shall not be applied to distilled spirits produced in any other place than the particular place or region indicated in the name. The following are examples of geographical names for distilled spirits that are not generic and are not names for distinctive types of distilled spirits: Cognac, Armagnac, Greek Brandy, Pisco Brandy, Jamaica Rum, Kentucky Straight Bourbon Whiskey, Maryland Straight Rye Whiskey.

Class 9. Products without geographical designations but distinctive of a particular place.-(a) The whiskies of the types specified in paragraphs (a) to (i), inclusive, of class 2 of this article, are distinctive products of the United States, and if produced in a foreign country, shall be designated by the applicable designation prescribed in such paragraph, together with the words "American Type” or the words "Produced (distilled, blended) in blank to be filled in with the name of the foreign country.

(6) The name for other distilled spirits which are distinctive products of a particular place or country shall not be given to the product of any other place or country unless the designation for such product includes the word " type” or an adjective such as "Ameri

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can” or the like, clearly indicating the true place of production. This paragraph shall not apply to designations which by usage and common knowledge have lost their geographical significance to such an extent that they have become generic, provided the approval of the Administration is obtained prior to using such designation. An example of a product which is a distinctive product of a particular place or country and which has not become generic, is the following: Habanero. Examples of products which have lost their geographical significance to such an extent that they are no longer distinctive products of a particular place or country, but have become generic, are the following: Vodka, Slivovitz, Zubrovka, Aquavit, Arrack, and Kirschwasser.1

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ARTICLE III. LABELING REQUIREMENTS FOR DISTILLED

SPIRITS 1

SEC. 30. General.-(a) Application of this article.—This article shall apply to bottled distilled spirits, irrespective of the date of bottling or of importation or consultation for importation into the United States; except that there are excluded from the provisions of this article distilled spirits bottled in bond prior to April 9, 1934, under the Bottling in Bond Act of the United States, and correctly labeled under that act.2

12 As amended by these Regulations. Prior to these regulations the provisions of classes 8 and bove read as follows:

(a) Geographioal Names.The name for distilled spirits (1) which have a geographical name or (2) which are distinctive products of a particular place or country shall not be given the product of any other place or country unless such product, in fact, conforms to such distilled spirits except as to age and unless such name includes the word 'type' or an adjective, such as American or the like, clearly indicating the true place of production. This paragraph shall not apply to designations which by usage and common knowledge have lost their geographical significance to such an extent that they have become generic, provided the approval of the Administration is obtained prior to using such designation.

(0) American Type Whiskies.-Any Whiskey of any type specified in paragraph (a) to (i), inclusive, of class 2, produced in a foreign country shall be designated either by the name of the country in which produced or as American Type', together with the applicable designation prescribed in such paragraphs."

i Misbranding Regulations, series 1, revision 1, originally issued on Aug. 10, 1934.

* Subsection (a) of section 30 supersedes the following provisions which have become obsolete :

(a). Effective date.-The effective date of these Regulations is Sept. 15, 1934, except as otherwise provided herein.

(b) Goods Bottled Prior to Original Labeling Regulations.—Distilled spirits domestically bottled before Apr. 9, 1934, or consulated for importation in bottles before May 1, 1934, shall not be sold or otherwise introduced into commerce after Jan. 1, 1935, by any member of the industry unless labeled in conformity with these regulations;

except that distilled spirits bottled in bond before Apr, 9, 1934, under the Bottling, in Bond Act of the United States and correctly labeled under that act, need not be labeled in conformity with these regulations.

"(c) Goods Bottled Under Original Labeling Regulations.-Distilled spirits domestically bottled on or after Apr. 9, 1934, and before the effective date of these regulations (i. e., Sept. 15, 1934), or consulated for importation in bottles on or after May 1, 1934, and before the effective date of these regulations (i. e., Sept. 15, 1934), shall not be sold, imported, or otherwise introduced into commerce after such effective date by any member of the industry unless labeled in conformity with these regulations: Provided, That for the period ending Jan. 1, 1935, such distilled spirits may be sold, imported, or otherwise introduced into commerce if labeled in conformity with the original Labeling Regulations of the Administration.

(d) Goods Bottled Under These Regulations.—Distilled spirits domestically bottled, or consulated for importation in bottles, on or after the effective date of these regulations (i. e., Sept. 15, 1934), shall not be sold, imported, or otherwise introduced into commerce by any member of the industry unless labeled in conformity with these regulations.

"(e) Use of Existing stocks of Labels.- Notwithstanding the foregoing provisions of this section, distilled spirits domestically bottled or consulated for importation in bottles, after the date of promulgation of these regulations (i. e., Aug. 10, 1934), may for the period ending Jan. 1, 1935. be sold, imported, or otherwise introduced into commerce if they bear labels approved by the Director, upon application to bim, (1) as being labels in substantial conformity with the original Labeling Regulations of the Administration, and (2) as being labels held in stock by the member of the industry on such date of promulgation of these regulations (i, e., Aug. 10. 1934).

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(6) Wholesalers' guaranty.--A member of the Alcoholic Beverage Wholesale Industry shall not be held to have violated this article if such member can establish with respect to the particular distilled spirits a guaranty in accordance with Article VI of these regulations, from the distiller, rectifier, or importer of the bottled distilled spirits, that they are labeled as required or permitted by this article.

(c) Definitions.-As used in this article

(1) The term “ brand label” means the label carrying, in the usual distinctive design, the brand name of the distilled spirits.

(2) The term age means the period during which, after distillation and before bottling, distilled spirits have been kept in oak containers, charred if for a whiskey of American type other than straight corn whiskey, blended corn whiskey (corn whiskey—a blend), or a blend of straight corn whiskeys.

Sec. 31. Misbranding.

(a) A member of the industry shall not sell, import, or otherwise introduce into commerce any bottled distilled spirits to which this article applies if the distilled spirits are misbranded under the provisions of this article: Provided, That the foregoing shall not be held to prevent relabeling distilled spirits in customs custody or under the supervision of officers of the Food and Drug Administration or other Government officers, in such manner as to bring such distilled spirits in conformity with this article.

(6) Distilled spirits in bottles shall be deemed to be misbranded

(1) If the bottle fails to bear on it a brand label (or a brand label and other permitted labels) containing the mandatory label information as required by section 32 and conforming to the general requirements specified in section 40; or

(2) If the bottle is in an individual covering, carton, or other container used for sale at retail, other than a shipping container, displaying thereon any written, printed, graphic, or other matter, other than the name and address of the producer, importer, or person by or for whom bottled, and such individual covering, carton, or other container obscures the mandatory label information required

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(f) Goods Acquired by Wholesalers Prior to Jan. 1, 1935.-Notwithstanding the foregoing provisions of this section, bottled distilled spirits acquired by, and in the actual possession of any member of the Alcoholic Beverage Wholesale Industry, prior to Jan. 1, 1935, may, for the period ending Apr. 1,

1935, be sold or otherwise introduced into commerce by any member of the Alcoholic Beverage. Wholesale Industry, if the bottled distilled spirits were properly labeled under the requirements of the Federal Food and Drugs Act and applicable labeling regulations, if any, of the Administration in force at the time they were acquired by the member of the Alcoholic Beverage Wholesale Industry. The provisions of this paragraph shall apply only with respect to those distilled spirits not labeled under such wholesaler's own brand name.

The immediately foregoing provisions were the result of an earlier amendment on Oct. 18, 1934. This earlier amendment changed the corresponding provisions of the regu. lations as originally issued in two respects only: (1) Whereas the date which appears in the foregoing provisions reads Jan. 1, 1935, prior to the amendment of Oct. 18, 1934, it read Nov. 1, 1934 ; (2) subsection (f), relating to goods acquired by wholesalers prior to Jan. 1, 1935, did not appear in the regulations

prior to the amendment of Oct. 18, 1934. 3 Prior to these regulations, subsection (b) of section 30 appeared as subsection (9), and prior to the amendment of Oct. 18, 1934, as subsection (f) of the regulations as originally issued (revision 1). The language of this subsection remained the same throughout.

* As amended by these Regulations effective as of Mar. 14, 1935. Prior to the amend. ment the word " newly appeared before the word “charred'". so appearing by virtue of an amendment on Mar. 14, 1935. Prior to the amendment of Mar. 14, 1935, section 30 (c), (2) read as follows:

The term means the period during which, after distillation and before bottling, distilled spirits have been kept in oak containers, charred if for whiskey of American type."

At the time of the adoption of these regulations the requirement that oak containers be “ newly charred was suspended until further action by the Administration.

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to be stated and such individual covering, carton, or other container fails to reproduce on it, in the same manner, all information so obscured; or if any statement required by this article to appear upon the label, or upon such individual covering, carton, or other container of the bottle, is obscured in any other manner or is modified in any manner; or

(3) If the bottle, or any label on the bottle, or any individual covering, carton, or other container of the bottle used for sale at retail, or any written, printed, graphic, or other matter accompanying the bottle to the consumer buyer, contains any statement that is untrue in any particular, or directly or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression of the distilled spirits.

(c) Domestic distilled spirits in bottles shall be deemed to be misbranded if any label or labels have been affixed, in whole or in part, by any person other than the bottler thereof or the distiller or rectifier for whom bottled. Imported distilled spirits in bottles shall be deemed to be misbranded if any label or labels have been affixed, in whole or in part, by any person in the United States other than the member of the alcoholic beverages importing industry by whom the distilled spirits are imported : Provided, That the Director may, upon written application, permit additional labeling or relabeling of bottled distilled spirits by other persons, if, in his judgment, the facts show that such additional labeling or relabeling will not be misleading to consumer buyers.

Sec. 32. Mandatory Label Information. –There shall be stated: A. On the Brand Label (1) Brand name, in accordance with section 33 below. (2) Class and type, in accordance with section 34 below. 3) Name and address (except in case of imported distilled

( spirits) in accordance with section 37 below.

B. On either the brand label or on a separate label affixed in immediate proximity thereto on the same side of the bottle

(4) Alcoholic content, in accordance with section 35 below. (5) Net contents, in accordance with section 36 below.

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B As amended on Mar. 14, 1935. Prior to the amendment subsection (c) of section 31 did not appear in this article.

6 As amended on Oct. 18, 1934. Prior to the amendment section 32 read as follows: “ SEC. 4. Mandatory Label Information.-There shall be stated(a) on the Brand Label "1) Brand name, in accordance with section 5 below, "72) Class and type, in accordance with section 6 below, “(3) Name and address (except those of importers), in accordance with section 9 below.

(0) On either the Brand Label, or on a separate label affixed in immediate proximity thereto on the same side of the bottle "14) Alcoholic content, in accordance with section 7 below, 15) Net contents in accordance with section 8 below, "16) Name and address of importer, in accordance with section 9 below.

lo) On either the Brand Label, or on a separate label affixed in immediate procimity thereto on the same side of the bottle, or on a back label"(7) Excessive coloring or flavoring, in accordance with section 10 below, and

(8) If whiskey, age of straight whiskey, and respective percentages of straight whiskey, neutral whiskey, and

neutral spirits, in accordance with section 11 below. The requirements of this paragraph (8) and of paragraph (7) shall all appear on the same label.

"The information required as to each of the above eight items shall also be stated in accordance with such general requirements of section 12 of these regulations as may be applicable."

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C. On either the brand label or on a separate label affixed in immediate proximity thereto on the same side of the bottle or on a back label

(6) In case of imported distilled spirits, name and address of importer, in accordance with section 37 below.

(7) Excessive coloring or flavoring, in accordance with section 38 below.

(8) If whiskey, age of straight whiskey and respective percentages of straight whiskey, neutral whiskey, and neutral spirits, in accordance with section 39 below. The requirements of this paragraph shall all appear on the same label.

(9) State of distillation of domestic types of straight whiskey, in accordance with section 37 (9).

Sec. 33. Brand Name.—The distilled spirits shall bear a brand name, except that if distilled spirits are not sold under a brand name, then the name of the person required to appear on the brand label shall be deemed a brand name for the purposes of this article.

SEC. 34. Class and Type.-(a) The class of the distilled spirits shall be stated. If the particular distilled spirits are a type of such class and if such type is defined in article II of these regulations, then such type shall also be stated. Any statement of class or type shall be in conformity with article II of these regulations, if such class or type is defined therein. If either the class or type stated is not defined in article II of these regulations, then any statement of such class or type shall be in conformity with the trade designation thereof: Provided, That if there is no trade designation, the product shall be given a distinctive or fanciful name or an accurate and truthful statement of its true composition shall be made on the brand label.

(6) The labeling of any bottled highballs, cocktails, gin fizzes, and other prepared specialties shall state, in conformity with subsection (a), the class and type of the distilled spirits used and the percentage by volume of such distilled spirits in the bottle. Any such statement of class and type may, but need not, be stated as part of the designation of the product. If not made a part of the designation of the product, then such percentage and class and type statement shall be stated elsewhere upon the brand label or on a separate label affixed in immediate proximity thereto on the same side of the bottle.

(c) Upon request of the Administration, a member of the industry shall submit to the Administration a full and accurate statement of the contents of the bottles to which labels are to be or have been affixed. Such statements shall be confidential and shall not be disclosed by any member, officer, or employee of the Administration, except pursuant to court order or order of the President or Resolution of either House of Congress.

SEC. 35. Alcoholic Content

(a) The alcoholic content by proof shall be stated for distilled spirits except as provided in subsection (6) of this section.

(6.). The alcoholic content in percentage by volume or by proof shall be stated for cordials, liqueurs, gin fizzes, cocktails, highballs,

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