bitters, and such similar distilled spirits as may be specified by the Administration from time to time.

SEC. 36. Net contents

(a) The net contents shall be stated as follows:

8

If one pint, one quart, or one gallon, the net contents shall be so stated:

(2) If less than a pint, the net contents shall be stated in fractions of a pint;

(3) If more than a pint, but less than a quart, the net contents shall be stated in fractions of a quart;

(4) If more than a quart, but less than a gallon, the net contents shall be stated in fractions of a gallon.

8

(b) All fractions shall be expressed in their lowest denomination. The net contents need not be stated on any label if the net contents are displayed by having the same blown in the bottle on the same side of the bottle as the brand label, in letters and figures in such manner as to be plainly legible under ordinary circumstances, and such statement is not obscured in any manner in whole or in part. The letters and figures shall be not less than three-eighths inch in height, except in case of bottles having a capacity of less than one-half pint, in which case the letters and figures shall be of such size as to be readily legible under ordinary conditions.

SEC. 37. Name and Address

(a) "Distilled By."-On labels of domestic distilled spirits bottled by or for the actual distiller thereof, there shall be stated the words "distilled by ", and immediately thereafter the name of such distiller and the place where distilled.

(b) "Blended By ","Made By", "Prepared By", "Manufactured By", or "Produced By."-On labels of domestic distilled spirits bottled by or for the actual rectifier thereof, there shall be stated the words "blended by ", "made by ", " prepared by ", " manufactured by ", or "produced by ", whichever may be applicable, and immediately thereafter the name of the rectifier and the place where blended, made, or prepared.

(c) (1)" Imported By."—On labels of distilled spirits imported in bottles there shall be stated the words "imported by ", "imported exclusively by ", or a similar appropriate phrase, and immediately thereafter the name of the importer, or exclusive agent, or sole distributor, or other person responsible for the importation, together with the principal place of business in the United States of such

person.

(2) On labels of bottled distilled spirits, imported in bulk or consulated for importation in bulk prior to January 1, 1935, and bottled after importation by or for the importer thereof, there shall be stated the words "imported and bottled by " or " imported and bottled for ", and immediately thereafter the name of the importer, or exclusive agent, or sole distributor, or other person responsible for the importation, together with the principal place of business in the United States of such person.

(3) The statements provided for domestic distilled spirits by subsections (a), (b), (d), and (e), if applicable, may, but need not

As amended on Oct. 18, 1934. Prior to the amendment the word "domestic did not appear in section 37 (a) of this article.

8 As amended on Oct. 18, 1934. Prior to the amendment the word "domestic did not appear in section 37 (b) of this article.

appear on labels of imported bottled distilled spirits, unless required by State or foreign law or regulation. If required by State or foreign law or regulation, they shall appear in accordance with the requirements thereof."

(d) "Bottled By."-On labels of domestic distilled spirits bottled by a distiller or rectifier other than the actual distiller or rectifier thereof, and without taxable rectification, the name of the actual distiller or rectifier need not appear unless required by State law or regulation, but in lieu thereof there shall be stated the words "bottled by " and immediately thereafter the name of the bottler and the place where bottled.

(e) "Bottled For."-On labels of domestic distilled spirits bottled for a member of the industry or a bona fide retailer, other than the actual distiller, rectifier, or bottler, the name of the actual distiller, rectifier, or bottler need not appear unless required by State law or regulation, but in lieu thereof there shall be stated the words "bottled for " and immediately thereafter the name and principal place of business of the person, firm, or corporation for whom the goods were bottled.

(f) Post-Office Address.-The "place" stated shall be the PostOffice address, except that the street address may be omitted. No additional places or addresses shall be stated for the same person, firm, or corporation, unless (1) the member of the industry or retailer is actively engaged in the conduct of an additional bona fide and actual alcoholic beverages business at such additional place or address, and (2) the label also contains, in direct conjunction therewith, appropriate descriptive material indicating the function occurring at such additional place or address in connection with the particular product.

(g) State of Distillation of Straight Whiskey.-On labels of any domestic type of straight whiskey there shall be stated the State of distillation of such whiskey, if such whiskey is not distilled in the State given in the address on the brand label. Notwithstanding the provisions of section 32 (C), the statement of the State of distillation shall appear on the brand label in all cases where the Director finds that without such statement the label is misleading as to the State of actual distillation.

(h) Trade Names.-The trade name of any member of the industry appearing upon any label shall be identical with the name in which his basic permit is issued by the Administration.10

As amended on Oct. 18, 1934. Prior to the amendment section 37 (c) read as follows: "(c) Imported By.'-On labels of bottled distilled spirits imported in bottles or imported in bulk and thereafter bottled by or for the importer thereof, there shall be stated the requirements of either (a) or (b) above, whichever may be applicable; and there shall also be stated the words imported by' (or if imported in bulk, 'imported and bottled by' or 'imported and bottled for '), and immediately thereafter the name of the importer and his principal place of business in the United States."

10 Prior to these regulations, paragraph (h) above read as follows:

"(h) Fictitious Trade Names.-No fictitious or arbitrary trade names for any distiller, rectifier, importer, wholesaler, retailer, or bottler shall be used on any label (1) unless such use is permitted by and is in conformity with the law of the State in which the distilled spirits are bottled and such name has, prior to the use thereof on the label, been registered with the Administration and approved by it, and (2) if such person is the holder of a basic permit from the Administration, unless the name is identical with that in which the basic permit is issued."

SEC. 38. Coloring, Flavoring, and Blending Materials

(a) The presence in any distilled spirits of any coloring, blending, smoothing, or flavoring material (including malt whiskey used in blending other types of whiskey) need not be indicated unless such material causes the product to simulate another class or type of distilled spirits: Provided, That if the aggregate amount of coloring, blending, smoothing, or flavoring materials in any distilled spirits other than cordials, liqueurs, gins, gin fizzes, high-balls, bitters, and such similar distilled spirits as may be specified by the Administration from time to time, is in excess of 22% by volume of the distilled spirits contained in any bottle, then the name and amount in percent of volume of each such material shall be stated.

(b) The presence of beading oil in any type of whiskey shall be stated.

SEC. 39. Age11

(a) Statement of Age and Percentage for Whiskey.-There shall be stated in the case of whiskey (except Scotch, Irish, and Canadian and Blended Scotch, Irish, and Canadian whiskey, as defined in Article II, section 21, class 2, and except straight whiskey bottled under the Bottling in Bond Act of the United States, in which cases statement of age shall be optional) the following:

(1) The age of all types of straight whiskey.

(2) The age of neutral whiskey when unmixed with other types of whiskey or other distilled spirits.

The statement of age in cases under paragraphs (1) and (2) shall be as follows: "This whiskey (neutral whiskey) is

years (and/or months) old." If more than a year in age, months in excess of a year may be omitted.

(3) In case of any of the types of blended whiskey and in case of spirit whiskey, the age of the straight whiskey (or if there be two or more straight whiskeys, then of the youngest straight whiskey) together with the percentage by volume of each of the following: the straight whiskey or whiskeys, the neutral spirits, and the neutral whiskey therein.

The statement of age in cases under paragraph (3) shall be as follows, according to the number of straight whiskies used: If one only: "The straight whiskey in this product is years (and/or months) old"; or if more than one: "The straight whiskeys in this product are years (and/or months) or more old ", the blank in each form to be filled with a figure correctly stating an age not in excess of that of the youngest straight whiskey. If more than a year in age, months in excess of a year may be omitted.

If the whiskey is a blend of straight whiskeys, the label, in addition to so stating the age, may state (1) the aggregate percentage and minimum age of the older whiskeys, or (2) the average age of all whiskeys in the blend, or (3) the aggregate percentage and average age of the older whiskeys, the average in either case being an average weighted by volume.

For an interpretation of the requirements as to age and percentage standards, see F. A. C. A. misbranding ruling no. 4, issued Aug. 30, 1934, and misbranding ruling no. 75, issued Dec. 8, 1934.

(b) Use of the Word "Old", or Other Representations as to Age. If any age, maturity, or similar representation (including words or devices in any brand name or mark) is made relative to any distilled spirits (except neutral spirits, gin, liqueurs, cordials, vodka, cocktails, gin fizzes, highballs, and bitters), the age shall also be stated on all labels where such representation appears, and in script, type, or printing substantially as emphatic and conspicuous as such representation. Age, maturity, or similar representations as to neutral spirits, gin, liqueurs, cordials, vodka, cocktails, gin fizzes, highballs, and bitters, are misleading, and shall not appear upon any label, except that the use of the word "old" or other word denoting age, appearing as part of the brand name, shall not be deemed to be an age representation in the case of such distilled spirits, or in the case of distilled spirits bottled in bond under the Bottling in Bond Act of the United States. As to all other distilled spirits, the word "old" or other word denoting age, appearing as part of the brand name, shall be deemed to be an age representation unless the word "brand" appears in direct conjunction with such brand name in letters of equally conspicuous color and at least One-half the size of the type in which such brand name is printed.

(c) Blended Scotch Type Whiskey.-Notwithstanding the provisions of subsection (a) above, there shall be stated, in case of blended Scotch type whiskey, the age of the youngest of the whiskeys if any of the malt whiskeys in the product are less than three years old. If all the malt whiskeys in the product are three years or more old, the age may (but need not) be stated. The statement of age shall be in the following form: "The malt whiskey in this product is years (and/or months) or more old ", the blank to be filled in with a figure correctly stating an age not in excess of that of the youngest malt whiskey. If more than a year in age, months in excess of a year may be omitted.1

SEC. 40. General requirements

(a) Contrasting Background. All labels shall be so designed that all the statements thereon required by this article are readily legible under ordinary conditions, and all such statements shall be on a contrasting background.

(b) Size of Type.-All statements required on labels by this article shall be in script, type, or printing not smaller than eight-point face caps, except that if contained among other descriptive or explanatory reading matter, the script, type, or printing of all required material shall be of a size substantially more conspicuous and emphatic than such other descriptive or explanatory reading matter; Provided, That in the case of labels on bottles having a capacity of less than one-half pint, such script, type, or printing thereon need not be in eight-point face caps, but shall be readily legible under ordinary conditions. All statements of the type of distilled spirits shall be in script, type, or printing substantially as emphatic and conspicuous as the statement of the class to which it refers, and in direct conjunction therewith.

(c) English Language.-All the requirements of this article shall be stated on all labels in the English language: Provided, That

12 As amended on Mar. 14, 1935, effective June 1, 1935. Prior to this amendment subsection (c) did not appear in this Article.

the brand name, the place of production, and the name of the producer appearing on labels need not be in the English language if the words "product of" immediately precede the name of the country in which the distilled spirits were produced. Additional statements in foreign languages may be made on labels, if no such statements conflict with, or are contradictory to, the requirements of this article. Labels on bottles of distilled spirits bottled for consumption within Puerto Rico may, if desired, state the information required by this article solely in the Spanish language, in lieu of the English language, except that the net contents, and, if an imitation, the word "imitation" shall also be stated in the English language.

(d) Simulation of Government Stamps.-(1) No label shall be of such design as to resemble or simulate a stamp of this or any other Government. No label, other than stamps authorized or required by this or any other Government, shall state or indicate that the distilled spirits contained in the labeled bottle are distilled, blended, made, bottled, or sold, under, or in accordance with, any municipal, State, or Federal authorization, law, codes, or regulations, unless such statement is required by Federal, State, or municipal law or regulation, or is required or specifically authorized by the laws or regulations of a foreign country. If the municipal, State, or Federal Government permit number is stated upon a label, it shall not be accompanied by any additional statement relating thereto.

(2) If distilled spirits imported in bottles are labeled Scotch whiskey, blended Scotch whiskey, Irish whiskey, blended Irish whiskey, Canadian whiskey, blended Canadian whiskey, or Cognac, or are labeled as whiskey of an American type, and such distilled spirits are covered by a certificate of origin or of age issued by a duly authorized official of the appropriate foreign government, the label, except where prohibited by the foreign government, may refer to such certificate or the fact of such certification, but shall not be accompanied by any additional statement relating thereto. The reference to such certificate or certification shall, in the case of Cognac, be substantially in the following form: "This product accompanied at time of importation by an 'Acquit Regional Jaune d'Or' issued by the French Government, indicating that this grape brandy was distilled in the Cognac Region of France "; and in the case of the other distilled spirits, substantially in the following form: "This product accompanied at time of importation by a certificate issued by the -government (name of government), indicating that the product is... (class and type as required to be stated on the label) and (if label claims age) that none of the distilled spirits are of an age less than stated on this label."18

18 As amended on Apr. 13, 1935. effective June 1, 1935. Prior to this amendment paragraph (2) of subsection (d) did not appear in these regulations. Paragraph (1) of subsection (d) read precisely as it now appears above; it was the result of an earlier amendment on Mar. 14, 1935. Prior to this earlier amendment section 40 (d) read as follows:

"(d) Simulation of Government Stamps. No label shall be of such design as to resemble or simulate a stamp of this or any other Government; and no label, other than stamps authorized or required by this or any other Government, shall state or indicate that the distilled spirits contained in the labeled bottle are distilled, blended, made, bottled, or sold under, or in accordance with, any municipal, State, or Federal government permit, authorization, law, codes, or regulations, unless such statement is required by Federal, State, or municipal law or regulation, or the laws or regulations of a foreign country."