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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. Age-11

(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."

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."

(e) Location of Label.-No label other than stamps authorized or required by this or any other Government, shall be affixed over the mouths of bottles of distilled spirits; and no label shall obscure any Government stamp or be obscured thereby, or obscure any markings or information required to be blown in the bottle by regulations of the Secretary of the Treasury.

(f) "Bottled in Bond."-Nothing in this section shall prohibit any statement on any label that any distilled spirits were bottled in bond under governmental supervision, in accordance with the laws and regulations of the country in which such distilled spirits are so bottled, if, in direct conjunction therewith, and in script, type, or printing substantially as emphatic and conspicuous as that used in connection with such statement, the label further states the name of the country under whose laws and regulations such distilled spirits were bottled: Provided, That the words, "Bond ", "Bonded", "Bottled in Bond", "Aged in Bond ", "Bottled Under Customs Supervision ", or similar words, shall not be used on any label or as part of the brand name of distilled spirits unless such distilled spirits were in fact bottled in bond under the Bottling in Bond Act of the United States, or a similar act or regulations of some foreign government.

(g) Geographical Brand Names.-The word "Brand" shall be stated in direct conjunction with a brand name containing a geographical name or adjective as a part or the whole thereof, in type at least one-half the size of the type in which such geographical name or adjective is printed on the label, unless such distilled spirits were in fact produced in such place: Provided, That if such product was not in fact produced in the place or region indicated by such brand name, and the Director finds that the general appearance of the label, or any statement, design, or device appearing thereon, tends to create the impression that the product is of foreign origin or was produced in a region other than that of actual production, he may require, in addition to the word "Brand", other appropriate language which will indicate the true place of production.

(h) Labels Firmly Affixed.-All labels shall be affixed to bottles of distilled spirits in such manner that they cannot be removed without thorough application of water or other solvents.

(i) Additional Information on Labels.-The labels may contain information other than the mandatory label information required by this article, provided such information complies with the requirements of this article, and does not conflict with, nor in any manner qualify statements required by, any regulations promulgated by the Administration.

(3) Use of Word "Pure."-The word "pure" shall not be stated in any manner on any label, except as part of the bona fide name of a member of the industry or retailer for whom the distilled spirits are bottled.

(k) Guarantees.-The words "guaranteed ", "warranted ", "certified", or similar words shall not be stated on any label except in connection with a bona fide guarantee creating an intelligible and enforceable obligation to the purchaser of the distilled spirits so labeled.

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(1) Use of "Double Distilled" or Similar Terms.-No gin or other distilled spirits shall be labeled "double distilled or "triple distilled", or any similar term.

(m) Representations as to Materials. If any representation (other than representations or information required by this article) is made as to the presence, excellence, or other characteristic of any ingredient in any distilled spirits, or in the production thereof, the label containing such representation shall state in print, type, or script, substantially as emphatic and conspicuous as such representation, the name and amount in percent by volume of each of such ingredients, except that percentages of whiskey, where stated, may be stated as provided in Section 39: Provided, That no statement shall appear on any label with reference to the use of selected or choice grain, fruit, herbs, or other materials in the distilled spirits, or in the production thereof, unless such materials are of a higher grade than that customarily used in the industry, and then only if the Director has previously found, on the basis of evidence submitted to him by the industry member, that such materials are of such higher grade. If only a portion of the materials used is of such higher grade, then the percentage thereof that is of such higher grade shall be stated in direct conjunction with such statement, in print, type, or script, substantially as emphatic and conspicuous as that used in connection with such statement.

(n) Exports.-This article shall not apply to distilled spirits bottled for exportation in foreign commerce according to specifications or directions of the foreign purchaser or the requirements of law of the country of destination.

Distilled Spirits Acquired at Government Sales "

SEC. 41 (a). Notwithstanding the foregoing provisions of this article, distilled spirits acquired by a member of the industry at any sale conducted by the United States Government subsequent to August 10, 1934, shall be labeled as hereinafter provided.

(b) Distilled spirits acquired at such Government sales shall not be sold or otherwise introduced into commerce by members of the industry in the bottles in which so acquired, unless prior thereto (1) the labels appearing on such bottles at the Government sale have been removed, and (2) the written consent of the owner of a trade mark or brand name blown into such bottles has been obtained.

(c) Distilled spirits acquired at such Government sales shall not be sold or otherwise introduced into commerce in bottles by members of the industry, unless prior thereto such distilled spirits have been labeled or relabeled as follows:

(1) If the distilled spirits are rectified (otherwise than by nontaxable purification or bottling) following purchase at the Government sale, then the labeling shall be in conformity with sections 30 to 40, inclusive, of this article.

(2) If the distilled spirits are not rectified, or are rectified only by nontaxable purification or bottling, following purchase at the

14 Regulations relating to the Labeling of Distilled Spirits Acquired at Government Sales (Misbranding Regulations, series 3), originally issued on June 11, 1934.

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