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unblended, shall not be withdrawn from customs custody unless the invoice is accompanied by a certificate of origin issued by a duly authorized official of the British, Irish, or Canadian Governments, certifying (1) that the particular distilled spirits are Scotch, Irish, or Canadian whiskey, as the case may be; that has been manufactured in compliance with those laws of the respective foreign government regulating the manufacture of the whiskey for home consumption, and (2) that the product conforms to the requirements of the Immature Spirits Act of such foreign government for spirits intended for home consumption.

() If the label of any such Scotch, Irish, or Canadian whiskey, whether blended or unbỉended, as shown on the photostatic copy of the Administration's release, contains any statement of age for Scotch or Irish whiskey in excess of 3 years, or Canadian whiskey in excess of 2 years, the whiskey shall not be withdrawn from customs custody unless accompanied by a certificate issued by a duly authorized official of the appropriate foreign government certifying that none of the distilled spirits in the product are of an age less than that stated on the label. The age certified shall be the period during which, after distillation and before bottling, the distilled spirits have been kept in oak containers.

(c) If consulated for importation on or after September 15, 1934, Cognac in bottles, whether blended or unblended, shall not be withdrawn from customs custody unless the invoice is accompanied by a certificate issued by a duly authorized official of the appropriate foreign government, certifying that the product is grape brandy distilled in the Cognac Region of France and entitled to be designated as “ Cognac” by the laws and regulations of the appropriate foreign government.

(d) If consulated for importation on or after June 1, 1935, American Type Whiskeys (i. e., American straight or blended, bourbon, rye, etc., whiskeys produced in foreign countries) imported in bottles from Great Britain, Canada, or the Irish Free State, shall not be withdrawn from customs custody unless there is presented, at the time of entry or at the time of request for withdrawal, a certificate issued by a duly authorized official of the appropriate foreign gov. ernment certifying that the product is of the type as represented on the label and that the age of the youngest whiskey in the product is not less than the age stated on the label.s

“ SEC. 14. Distilled spirits imported in bottles shall be deemed prima facie misbranded

(a) If labeled Scotch Whiskey, Blended Scotch Whiskey, Irish Whiskey, Blended Irish Whiskey, Canadian Whiskey, Blended Canadian Whiskey, or Cognac, unless accompanied at time of importation by a certificate issued by a duly authorized official of the appropriate foreign government. stating that the distilled spirits are wiskey of such respective type, or are Cognac, as defined in the Regulations relating to Standards of Identity of Distilled Spirits (Misbranding Regulations, series 4).

(6) If the label bears a statement of age in excess of two years for Canadian or Blended Canadian Whiskey, or a statement of age in excess of three years for the other whiskeys above specified, unless accompanied at time of importation by the certificate issued by a duly authorized official of the appropriate foreign government, stating that none of the distilled spirits are of an age less than that stated on the label.

“ SEC. 15. The label shall contain no reference to any such certificate or the fact of such certification."

The foregoing provisions remain in effect after Apr. 13. 1935. only so far as may be necessary for the purpose of prosecuting or otherwise proceeding with respect to violations thereof occurring prior to that date.

8 As amended on Apr. 13, 1935, effective June 1, 1935. Prior to this amendment sube section (d) of section 46 did not appear in this article. The requirements of this article are in addition to and not in substitution for any similar or other requirements of the Food and Drug Administration or the Federal Food and Drugs Act. Inquiries with reference to these latter requirements should be addressed to the Food and Drug Administration, Department of Agriculture, Washington, D. C.

ARTICLE V. REQUIREMENTS FOR APPROVAL OF LABELS OF DOMESTICALLY BOTTLED DISTILLED SPIRITS 1

Sec. 50. Certificates of Label Approval.

(a) On and after June 1, 1930, domestically bottled distilled spirits shall not be shipped or removed from the plant where bot-' tied, or sold or otherwise introduced into commerce by any member of the industry, by or for whom such distilled spirits are bottled, unless the member of the distilled spirits or distilled spirits rectifying industry bottling such distilled spirits holds in his possession in full force and effect an original or duplicate original of the following certificate of label approval: General Approval of Labels of Domestically Bottled Distilled Spirits (F. A. C. A. Legal Form No. 61). Such certificate of label approval shall be issued by the Administration only upon application upon the form designated “Application for Approval of Labels of Domestically Bottled Distilled Spirits" (F. A. C. A. Legal Form No. 60), properly filled cut and executed under oath by the member of the industry bottling the distilled spirits under the particular label for which approval is sought.

(0) If the member of the distilled spirits or distilled spirits rectifying industry bottling distilled spirits is in possession of an original or duplicate original of a General Approval (F. A. C. A. Legal Form No. 61) bearing the signature of the designated officer of the Administration, then domestically bottled distilled spirits bearing labels identical with those shown on the General Approval form may be shipped or removed from the plant where bottled and sold or otherwise introduced into commerce.

(c) The shipment or removal by a member of the industry, on or after June 1, 1935, of domestically bottled distilled spirits from the plant where bottled, or the selling or otherwise introducing into commerce of such distilled spirits, unless the member of the distilled spirits or distilled spirits rectifying industry bottling such distilled spirits has in his possession an original or duplicate original of a General Approval (F. A. C. A. Legal Form No. 61), bearing labels identical with those contained upon the distilled spirits so shipped or removed, will subject the member of the industry to revocation or suspension of his basic permit, or such other proceedings as may be appropriate.

SEC. 51. Exhibiting Certificates to Government Officials. Any member of the distilled spirits or distilled spirits rectifying industry holding an original or duplicate original of a certificate of label approval shall, upon demand, exhibit such certificate to a duly authorized representative of the United States Government or any duly authorized representative of a State or political subdivision thereof.

Sec. 52. Photoprints.-Photoprints or other reproductions of certificates of label approval are not acceptable, for the purposes of this article, as substitutes for an original or duplicate original of a certificate of label approval. The Administration will, upon the

1 Misbranding Regulations, series 13, originally issued on Mar. 25, 1935. See Appendix G (herein at p. 51) for instructions issued by the Alcohol Tax Unit for the enforcement of the provisions of this article.

request of the member of the distilled spirits or distilled spirits rectifying industry, issue duplicate originals of certificates of label approval if distilled spirits under the same brand label are bottled at more than one plant by the same member of the distilled spirits or distilled spirits rectifying industry, and if the necessity for the duplicate original is shown and there is listed with the Administraton the name and address of the additional bottling plant where the particular label is to be used.

ARTICLE VI. GUARANTIES TO WHOLESALERS 1

2

SEC. 60. Form of Guaranty. -(a) Any member of the industry may furnish to any wholesaler a written guaranty that distilled spirits sold to such wholesaler are not misbranded within the meaning of any applicable Code or the provisions of these regulations.

(6) Each guaranty, to be considered valid, shall contain the name and address of, and shall be signed by, the member of the industry selling the distilled spirits covered by such guaranty, and shall state that the distilled spirits sold by the member of the industry and covered by the guaranty are not misbranded within the meaning of any applicable Code or the provisions of these regulations.

(c) If the guarantor is other than an individual, the guaranty shall be signed by an officer of such member of the industry, duly authorized to execute guaranties by and on behalf of such member.

(d) Guaranties under this article may be either particular guaranties, or general continuing guaranties, as follows:

(1) A particular guaranty shall be one given for a particular lot or shipment of distilled spirits sold, and may be incorporated in and made a part of the bill of sale, invoice, bill of lading, or other

1 Misbranding Regulations, series 5, originally issued on Sept. 25, 1934.

2 A guaranty, if worded substantially according to either of the following forms, will comply with the requirements of this Article :

FORM 1. PARTICULAR GUARANTY

(Name and Address of Wholesaler) The undersigned hereby guarantees that the distilled spirits listed herein (specifying, according to class and ype, brand names, quantities, and sizes of containers) not misbranded within the meaning of the misbranding provisions of the applicable Codes of Fair Competition and misbranding regulations of the Federal Alcohol Control Administration relating to the labeling of distilled spirits and standards of fill therefor. Dated at

(City and State), this

day of 193...

(Signature and address of guarantor)

FORM 2. CONTINUING GUARANTY

(Name and Address of Wholesaler) The undersigned hereby guarantees that all distilled spirits which the undersigned on and after the date hereof sells or delivers to

(name and address of wholesaler) will comply with all the misbranding provisions of the applicable Codes of Fair Competition and with the misbranding regulations of the Federal Alcohol Control Administration.

It is expressly understood that this shall be a continuing guaranty, remaining in effect until revoked by notice in writing and that any such revocation shall not affect sales or deliveries made prior thereto. Dated at --- (City and State), this

day of

193-

(Signature and address of guarantor)

а

schedule, and shall designate the class and type, brand names, quantities, and sizes of the containers covered thereby.

(2) A general continuing guaranty shall be one given by a member of the industry to a wholesaler, covering all distilled spirits sold by such member of the industry to such wholesaler.

(e) Neither the guaranty nor any statement or legend with reference thereto shall appear upon the label for the distilled spirits, or the container thereof.

Sec. 61. Effect of Guaranty.- (a) A wholesaler shall not be deemed to be in violation of the misbranding provisions of any applicable Code or of Articles III or VIII of these regulations, provided such wholesaler establishes to the satisfaction of the Administration that the distilled spirits sold or otherwise introduced into commerce by him are covered by a guaranty conforming to the requirements of this article; and in such event the guarantor shall be amenable to the prosecutions, fines, suspension, or revocation of basic permits, and other penalties which would attach to the wholesaler for the violation.

(6) No guaranty under this article shall relieve any wholesaler of liability for a violation of the misbranding provisions of any applicable Code or of Articles III or VIII of these regulations, if the violation results by reason of an alteration of the labeling by the wholesaler, or if the violation consists of misbranding of the distilled spirits by any person other than the member of the industry issuing the guaranty.

(c) No guaranty under this article shall relieve any wholesaler of liability for the violation of section 2 (a) of article V (relating to Federal Food and Drugs Act requirements of the Code of Fair Competition for the Alcoholic Beverage Wholesale Industry, as amended, unless the wholesaler, in addition, establishes a guaranty valid under section 9 of the Federal Food and Drugs Act.

(d) No guaranty under this article shall relieve any wholesaler of liability for a violation of the misbranding provisions of any applicable Code or of Articles III or VIII of these regulations, unless the guaranty is furnished to the wholesaler prior to the sale or other introduction into commerce by him of the distilled spirits covered by the guaranty. ARTICLE VII. FALSE ADVERTISING OF DISTILLED

SPIRITS 1

includes any

SEC. 70. Definitions. As used in this article(a) The term advertisement

advertisement through the medium of radio broadcast; or of periodicals or newspapers; or of signs, posters, or display materials; or of outdoor advertising; or of advertising specialties; or of other written, printed,

& Section 2 (a) of article y of the Code of Fair Competition for the Alcoholic Beverage Wholesale Industry is reproduced herein in Appendix A at p. 34.

* Section 9 of the Federal Food and Drugs Act is reproduced herein in Appendix D at p. 42.

1 Misbranding Regulations, series 10, originally issued on Jan. 12, 1935. The effective date of these regulations was the date of promulgation, i. e., Jan. 12, 1935, except that sec. 72 took effect as follows:

(a) As to periodical advertisements, 90 days from the effective date. (0) As to newspaper and all other advertisements, 45 days from the effective date.

or graphic matter, including trade booklets, menus, and wine cards—for the purpose of inducing or which may tend to induce purchases of distilled spirits; except that such term shall not include

(1) Any label affixed to any bottle of distilled spirits; 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, which constitutes a part of the labeling under section 31 (6) (2) and 31 (6) (3) of these regulations.

(2) Any editorial or other reading matter in any periodical or newspaper for the publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any member of the industry.

(3) Any menu, wine card, sign, poster, or display materials used in or upon a retail outlet, unless supplied by a member of the industry.

(6) The terms “class” and “type” mean the class and type of the particular product as defined in article II of these regulations, or if the class and type is not defined therein, then the class and type according to the customary trade designation thereof.

SEC. 71. Prohibition against False Advertising.--No member of the industry shall (directly, or through any affiliate or subsidiary, or any other member of the industry, or any retailer, foreign producer, or distributor of distilled spirits, or any other person) publish or disseminate, or cause to be published or disseminated, by any broadcaster, publisher, or other person—any advertisement of distilled spirits that is in violation of the provisions with respect to false advertising contained in the Code of Fair Competition applicable to the particular alcoholic beverage industry.

Sec. 72. Types of False Advertising.-An advertisement shall be deemed to be in violation of such provisions with respect to false advertising if it does not conform to the following requirements:

(a) Statement of Advertiser's Name and Address.—The advertisement shall (except in case of menus, wine cards, signs, posters, display materials, advertising specialties, or outdoor advertising) state the name and address of the member of the industry, or in lieu thereof the Federal Alcohol Control Administration basic permit number of the member. Street number and name may be omitted in the address.

(6) Class and Type.-If the advertisement relates to any brand or lot of distilled spirits, it shall (except in case of menus, wine cards, signs, posters, display materials, advertising spec alties, or outdoor advertising) contain a conspicuous statement of the class to which such product belongs, corresponding with the statement of class that appears on the labels of the product. No statement of the brand name of any whiskey or reference to any product as a whiskey shall appear unless there also appears in the advertisement with substantially equal emphasis and conspicuousness a statement of the type of whiskey.

(c) Statements Contrary to Labeling.-The advertisement shall not contain any statement concerning a brand or lot of distilled spirits that is inconsistent with any statement on the labeling thereof.

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