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(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 so 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.
(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.
Government sale, then the labeling shall be in conformity with such sections, but subject to the following modifications:
(A) The brand label shall conspicuously state the following:
À distinctive brand name belonging to the purchaser or the person for whom bottled, rebottled, or relabeled.
"Purchased from United States Government After Seizure (Condemnation Sale)."
The name and address of the purchaser or the person for whom bottled, rebottled, or relabeled.
The class and type of distilled spirits, e. g., rye whiskey, bourbon whiskey, Scotch whiskey, rum, gin, cordial, etc. This statement shall conform with the report of the Government chemist, but shall be subject to the limitations of paragraph (G) below.
The brand label or an additional label may state information obtained from the report of the Government chemist, which does not conflict with the provisions of this section, but such statement shall be subject to the limitations of paragraph (G) below.
(B) The year and, if desired, the month of seizure or condemnation sale may be stated.
(c) No representation shall be made as to the age of the distilled spirits, except that distilled spirits aged in wood for any period after seizure or in Government custody may state on the label that such distilled spirits have been aged in wood for such period.
(D) Whiskeys shall not be qualified as straight, blended, or spirit, but if imitation whiskey, the brand label shall so state.
(E) No statement shall be made as to bottling in bond or under supervision of any Government.
(F) The statements required as to percentage of straight whiskey, neutral spirits or neutral whiskey, flavoring and coloring matter, and distilled or compound gin may be omitted.
(G) The labeling of distilled spirits acquired at such Government sales shall not directly or indirectly or by inference create the impression that any statement on the new label appeared on the original labels, if any, at time of Government sale, or is derived from a report of a Government chemist, or, except as specifically authorized by paragraph (A) above, make any statement as to the original source, producer, or place of manufacture, or as to the character of the distilled spirits.15
15 The following requirements relating to the filing of labels will become ineffective on May 15, 1935, and thereafter, in lieu of the procedure set up by these requirements, the procedure outlined in articles IV and V of these regulations will be observed:
"Filing of Labels. (a) Six specimens of all brand labels, and all back or other labels used in connection with such brand labels, and all devices, wrappers, or individual cartons, other than entirely unmarked material, placed upon bottles of distilled spirits, domestically bottled, not heretofore filed with the Administration, shall be filed with it and also with the appropriate Code Authority or Divisional Committee. Such filing shall be made not later than Oct. 1, 1934, except that if first used thereafter then not later than ten days after such first use. The responsibility for filing such labels shall be as follows:
"1. Distillers. For all distilled spirits bottled by or for a distiller and labeled under such distiller's own brand name or the brand name of a retailer.
"2. Rectifiers. For all distilled spirits bottled by or for a rectifier and labeled under such rectifier's own brand name or the brand name of a retailer.
"3. Wholesalers.-For all distilled spirits bottled for a wholesaler and labeled under such wholesaler's own brand name.
"(b) In the event any alteration is made in any such labels, devices, wrappers, or individual cartons, the altered labels, devices, wrappers or individual cartons shall likewise be filed in the manner and number hereinbefore specified.
"(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
ARTICLE IV. REQUIREMENTS FOR WITHDRAWAL FROM CUSTOMS CUSTODY OF BOTTLED IMPORTED DISTILLED SPIRITS 1
SEC. 45. Withdrawal Labeling Releases.
(a) On or after February 23, 1935, bottled distilled spirits shall not be withdrawn from customs custody for consumption, whether entered for consumption or warehouse before or on or after that date, except pursuant to procedure and forms prescribed by this article.
(b) No lot of bottled distilled spirits shall be withdrawn from customs custody unless there shall be deposited with the appropriate customs officer at the port of entry an Importer's Affidavit for Release of Distilled Spirits (F. A. C. A. Legal Form No. 45), which document shall be properly filled out and executed under oath by the importer or transferee in bond, covering the particular brand of distilled spirits to be withdrawn, and which shall be accompanied by a photostatic copy firmly attached thereto of one of the following forms of releases which have been prescribed by the Administration: (1) General Release for Imported Distilled Spirits (F. A. C. A. Legal Form No. 42); (2) Limited Release for Imported Distilled Spirits (F. A. C. A. Legal Form No. 43); (3) Release of Imported Distilled Spirits to be Relabeled (F. A. C. A. Legal Form No. 44). Such releases shall be issued by the Administration only upon application upon the form designated "Application for Approval of Labels for Distilled Spirits Imported in Bottles " (F. A. C. A. Legal Form No. 41) properly filled out and executed under oath by the importer or transferee in bond.
(c) General Release.-If the Importer's Affidavit for Release of Distilled Spirits (Form No. 45) is accompanied by a photostatic copy of the General Release (Form No. 42), the certificate of which bears the signature of the designated officer of the Administration, then bottled distilled spirits bearing labels identical with those shown on the photostatic copy, irrespective of the customs entry number by which covered, may be withdrawn from customs custody.
(d) Limited Release.-If the Importer's Affidavit for Release of Distilled Spirits (Form No. 45) is accompanied by a photostatic copy of the Limited Release (Form No. 43), the certificate of which
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.
"(d) Labels, wrappers, devices, and individual cartons will be reviewed by officers of the Administration, and their views as to conformity to these regulations will be stated in writing to members of the industry."
The foregoing provisions were the result of an amendment on Feb. 2, 1935. Prior to this amendment the provisions of the regulations as originally issued were substantially identical with the foregoing provisions except that they also provided as follows for the filing of labels by importers:
"The responsibility for filing such labels shall be as follows:
"3. Importers.-For all distilled spirits imported pursuant to such importer's own permit, whether or not labeled under such importer's own brand name: Provided, That if the importation of specific brands of distilled spirits is controlled by an exclusive agent and such agent has filed labels for such brands as prescribed herein, importers acting as distributors of such distilled spirits are not required to file additional labels."
The amendment of Feb. 2, 1935, relieved the importer of responsibility for filing labels by omitting the immediately foregoing paragraph 3 relating to importers.
1 Misbranding Regulations, series 11, originally issued Feb. 20, 1935. See Appendix F (herein at p. 47) for Instructions to Customs officers for the administration of these regulations.
bears the signature of the designated officer of the Administration, then bottled distilled spirits bearing labels identical with those shown on the photostatic copy and covered by the customs entry numbers shown on the photostatic copy, may be withdrawn from customs custody.
(e) Relabeling Release.-If the Importer's Affidavit for Release of Distilled Spirits (Form No. 45) is accompanied by a photostatic copy of the Relabeling Release (Form No. 44), and the certificate thereof bears the signature of the designated officer of the Administration and the "Importer's Undertaking" thereon has been duly executed by the importer, then bottled distilled spirits bearing labels identical with those shown on the photostatic copy and covered by the customs entry numbers shown thereon, may be withdrawn from customs custody. When the bottled distilled spirits authorized to be withdrawn from customs custody upon Relabeling Release (Form No. 44) have been relabeled in accordance with the instructions indicated on such form, there shall be forwarded to the Administration the Importer's Relabeling Affidavit (F. A. C. A. Legal Form No. 46), properly filled out and executed by the importer, together with a set of labels affixed to the reverse side thereof identical with those appearing upon the relabeled bottles. Bottled distilled spirits so relabeled shall not be sold or otherwise introduced into commerce until there shall have been received by such importer the certificate of the Federal Alcohol Control Administration bearing the signature of the designated officer thereof, authorizing the introduction into commerce of such relabeled distilled spirits; and failure to observe this requirement will subject the member of the industry to proceedings for the revocation or suspension of his basic permit, or such other proceedings as may be appropriate. The relabeling and release of bottled imported distilled spirits held by a transferee in bond who is not a member of the industry will be governed by special instructions of the Director.
(f) Importer's Affidavit.-The Importer's Affidavit (Form No. 45) and the photostatic copy of the Administration's release affixed thereto shall be retained for the files of the Collector of Customs. Upon their being deposited with the appropriate customs officer, there will be made on the entry an appropriate notation to the effect that the labeling of distilled spirits covered by the customs entry number shown on the photostatic copy and bearing labels of the brand shown on the photostatic copy are authorized by the Administration to be withdrawn. In the event of a partial withdrawal only of distilled spirits of the particular brand covered by the particular customs entry number, the remaining bottled distilled spirits of that brand covered by that customs entry number may be subsequently withdrawn without the filing of an additional Importer's Affidavit and accompanying photostatic copy of the Administration's release.
SEC. 46. Certificates of Origin and Age."—
(a) If consulated for importation on or after September 15, 1934, Scotch, Irish, and Canadian whiskeys in bottles, whether blended or
By an amendment on Apr. 13, 1935, section 46 superseded the following provisions, relating to certificates of origin and age for certain imported distilled spirits, which originally appeared in the Labeling Regulations (Revision 1):