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DEPOSITED BY THE
UNITED STATES OF AMERICA

JUN 4.5 35

6-21-46

HV 5076 A45 1935

PREFATORY NOTE

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Each of the several codes of fair competition for the alcoholic beverage industries prohibits the publication or dissemination in any manner of any false advertisement of alcoholic beverages, and the sale or other introduction into commerce of alcoholic beverages that are misbranded within the meaning of the Federal Food and Drugs Act, or that do not conform to the standards of fill, standards of identity, standards of quality, or label requirements prescribed by regulations of the Federal Alcohol Control Administration,

The Administration now has in force regulations relating to standards of identity, standards of fill, guaranties to wholesalers, advertising requirements, and label requirements for distilled spirits. There are also regulations relating to the requirements for withdrawal from customs custody of imported distilled spirits, and requirements for approval of labels of domestically bottled distilled spirits. Several of these regulations have been amended from time to time since the date of their original issuance. In the following pages a compilation has been made of these regulations and all amendments thereof to date. In the appendices are the Treasury Department Bottling Regulations, extracts from the codes and the Federal Food and Drugs Act, and certain other related materials.

The purpose of this compilation is to bring together for ready reference and comparison all the misbranding regulations pertaining to distilled spirits which have been issued by this Administration, and various other related materials. It should be noted that the scope of this compilation is restricted to regulations relating to distilled spirits only.

The following misbranding regulations, and all amendments to date, heretofore issued in mimeographed form, are superseded by this compilation but only insofar as they apply to distilled spirits.

Series 1, revision 1, relating to the labeling of distilled spirits.

Series 2, revision 1, relating to standards of fill for bottled distilled spirits. Series 4, relating to standards of identity for distilled spirits. Series 5, relating to guaranties to wholesalers. Series 10, relating to false advertising of distilled spirits and wine.

Series 11, relating to requirements for withdrawal from customs custody of imported distilled spirits.

Series 13, relating to requirements for approval of labels of domestically bottled distilled spirits.

The revised form in which these regulations now appear was approved by the Administration on May 13, 1935 (see p. i herein). In the future, reference to any regulation relating to the false advertising and misbranding of distilled spirits should

be made by citation of the pertinent article and section of these regulations.

(III)

REGULATIONS RELATING TO FALSE ADVERTISING AND MISBRANDING OF DISTILLED SPIRITS

By virtue of the authority vested in the Federal Alcohol Control Administration by Executive Order No. 6474, dated December 4, 1933, and Executive Order No. 6829, dated August 21, 1934, issued pursuant to title I of the National Industrial Recovery Act, approved June 16, 1933, and by virtue of the authority vested in' it by the Codes of Fair Competition, as amended, approved by the President for the following industries : Distilled Spirits Industry, Distilled Spirits Rectifying Industry, Alcoholic Beverage Wholesale Industry, and Alcoholic Beverages Importing Industry—the Federal Alcohol Control Administration herewith prescribes and promulgates on this 13 day of May, 1935, the following Regulations Relating to the False Advertising and Misbranding of Distilled Spirits, which shall have the same force and effect as the provisions of said Codes of Fair Competition. FEDERAL ALCOHOL CONTROL ADMINISTRATION,

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ARTICLE I. GENERAL PROVISIONS

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SECTION 1. Definitions.-As used in these regulations

(1) The term “Administration ” means the Federal Alcohol Control Administration.

(2) The term “ Director means the Director of the Federal Alcohol Control Administration. (3) The term “ Code

Code” means the Code of Fair Competition, as now or hereafter amended, approved by the President for the distilled spirits, distilled spirits rectifying, alcoholic beverages importing, or alcoholic beverage wholesale industry.

(4) The term “member of the industry” means a member of any alcoholic beverage industry for which a Code has been approved.

(5) The term " wholesaler” means a member of the Alcoholic Beverage Wholesale Industry, as defined in the Code of Fair Competition for that industry, as now or hereafter amended.

(6) The term "sale" means sale or other disposition. .

(7) The term " distilled spirits means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial purposes as defined in the Regulations Relating to Non-industrial Use of Distilled Spirits as amended, prescribed and promulgated by the Administration.

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(8) The terms “bottle” and liquor bottle"

mean any container for distilled spirits, irrespective of the material from which made, having a capacity not in excess of 1 gallon.

(9) The term in bulk” means in any container for distilled spirits having a capacity in excess of 1 gallon.

(10) The term gallon" means U. S. gallon of 231 cubic inches of alcoholic beverage at 68° F. (20° C.). All other units of liquid measure used herein are subdivisions of the gallon as so defined.

(11) The term “customs custody” means supervision and control by officers of the Bureau of Customs, Treasury Department.

(12) The term “consulated for importation" means certification by a consular officer of the United States of the invoice or other shipping documents covering a particular shipment, or, in case of a shipment from a possession of the United States other than Puerto Rico, means certified for shipment by a collector or deputy collector of customs in such possession.

(13) The term United States” means the several States and Territories, and the District of Columbia, but does not include possessions of the United States.

SEC. 2. Application. Except as otherwise provided herein these regulations apply (1) within the United States and Puerto Rico to all members of the industry, and within the Virgin Islands to all members of the distilled spirits or distilled spirits rectifying industries; and (2) to all distilled spirits.

SEC. 3. Effective date.-Except as otherwise provided herein these regulations are effective on and after June 10, 1935.

Sec. 4. Reenactment.—These regulations are a compilation and revision with amendments of regulations heretofore prescribed and promulgated by the Administration, and to the extent that they are not in conflict with the prior regulations shall be held to be a reenactment of the prior regulations. To the extent of any conflict between these and the prior regulations, the prior regulations shall be deemed repealed. Any violation of the prior regulations may be prosecuted, or otherwise proceeded against, to the same extent and in the same manner and with the same effect as if these regulations had not been prescribed and promulgated.

ARTICLE II. STANDARDS OF IDENTITY FOR DISTILLED

SPIRITS 1

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Sec. 20. Application of standards. The standards of identity for the several classes and types of distilled spirits set forth herein shall be applicable to all Codes, and to all regulations, interpretations, instructions, and permits issued by the Administration. Whenever any term for which a standard of identity has been established herein is used in any Code, amendment, regulation, interpretation, instructions, or permit, such term shall have the meaning assigned to it by such standard of identity.

SEC. 21. The standards of identity.Standards of identity for the several classes and types of distilled spirits set forth herein shall be as follows:

1 Misbranding Regulations, series 4, originally issued on Aug. 10, 1934.

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Class 1. Neutral spirits.? (a) Neutral spirits or alcohol are distilled spirits distilled from any material at or above 190° proof, whether or not such proof is subsequently reduced.

(6) Grain neutral spirits or grain alcohol are alcoholic distillates from a fermented mash of grain distilled at or above 190° proof, whether or not such proof is subsequently reduced.

Class 2. Whiskey. (a) Neutral whiskey is an alcoholic distillate from a fermented mash of grain, distilled at more than 160° proof and less than 190° proof, whether or not such proof is further reduced prior to bottling to not less than 80° proof.

(b) Straight whiskey is any alcoholic distillate from a fermented mash of grain, distilled at not exceeding 160° proof and withdrawn from the cistern room of the distillery between 110° proof and 80° proof, and distilled by the same distillery from the same kind of materials and as part of the same season's distillation, whether or not such proof is further reduced prior to bottling to not less than 80° proof.

(0) Straight rye whiskey is straight whiskey distilled from a fermented mash of grain of which not less than 51% is rye grain.

(d) Straight bourbon whiskey and Straight corn whiskey are straight whiskey distilled from a fermented mash of grain of which not less than 51% is corn grain.s

(e) Straight wheat whiskey is straight whiskey distilled from a fermented mash of grain of which not less than 51% is wheat grain.“

(f) Straight malt whiskey is straight whiskey distilled from a fermented mash of grain of which not less than 51% of the grain is malted barley.

(g) Blended whiskey (Whiskey-1 Blend) is a mixture which contains at least 20% by volume of 100 proof straight whiskey and either (1) other straight whiskey or whiskeys, or (2) neutral whiskey, or (3) grain neutral spirits, or (4) neutral whiskey and grain neutral spirits; if such mixture at time of bottling is reduced to not less than 80° proof.

(h) Blended rye whiskey (Rye whiskey-A blend), Blended bourbon whiskey (Bourbon whiskey-A blend), Blended corn whiskey (Corn whiskeyA blend), Blended wheat whiskey (Wheat whiskeyA blend), or Blended malt whiskey (Malt whiskey-A Blend) is blended whiskey which contains not less than 51% by volume of straight rye whiskey or whiskeys, straight bourbon whiskey or whiskeys, straight corn whiskey or whiskeys, straight wheat

2 An amended on Oct. 6, 1934. Prior to the amendment class 1, relating to neutral spirits, read as follows:

“ Class 1. Neutral spirits. (a) Neutral spirits are distilled spirits distilled from any materials at or above 190° proof, whether or not such proof is subsequently reduced."

As amended by these Regulations effective as of Mar. 15, 1935. Prior to the amendment class 2 (d) read as follows:

(d) Straight bourbon whiskey and Straight corn whiskey are straight whiskey distilled from a fermented mash of grain of which not less than 51% is corn grain. The designation of the product shall be straight corn whiskey only if it is without added color derived from charred oak or otherwise."

The immediately foregoing provisions were the result of an earlier amendment on Mar. 15, 1935. Prior to this first amendment, and as it read in the Standards of Identity as originally issued. the definition of straight bourbon whiskey was found in class 2 (d), and the definition of straight corn whiskey was found in class 2 (e). These two definitions read as follows:

(d) Straight bourbon whiskey is straight whiskey distilled from a fermented mash of grain of which not less than 51% and not more than 80% is corn grain.

e) Straight corn whiskey is straight whiskey distilled from a fermented mash of grain of which more than 80% is corn grain.

* As amended on Mar. 15, 1935. Prior to the amendment, the definition of straight wheat whiskey did not appear in this Article.

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