[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1977 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1977

     To amend the Federal Food, Drug, and Cosmetic Act to require 
                  disclosures in alcohol advertising.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 1997

 Mr. Kennedy of Massachusetts introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
     To amend the Federal Food, Drug, and Cosmetic Act to require 
                  disclosures in alcohol advertising.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Alcohol Beverage Labeling 
Act''.

SEC. 2. LABELING.

    Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
343) is amended by adding at the end the following:
    ``(t)(1) If it is a malt beverage (including malt liquor or malt 
cooler), wine (including wine cooler or fortified wine), or distilled 
spirit (including distilled spirit cooler) unless it bears a label 
which--
            ``(A) discloses in a non promotional manner the alcoholic 
        content by volume,
            ``(B) discloses the number of drinks it contains rounded to 
        the nearest quarter drink,
            ``(C) discloses its ingredients and calories per container 
        and per drink,
            ``(D) discloses the common or usual name of each ingredient 
        (including additives), and
            ``(E) bears the following statement: `If you or someone you 
        know has a drinking problem, a call may be made to (reference 
        to a toll-free number established and operated by the 
        Secretary) for help'.
    ``(2) For purposes of paragraph (1):
            ``(A) The term `malt beverage' means a beverage made by the 
        alcoholic fermentation of an infusion or decoction, or 
        combination of both, in potable brewing water of malted barley 
        with hops, or their parts or products, with or without other 
        malted cereals, with or without the addition of unmalted or 
        prepared cereals, other carbohydrates, or materials prepared, 
        with or without the addition of carbon dioxide, and with or 
        without other wholesome products suitable for human food 
        consumption.
            ``(B) The term `wine' means wine as defined in sections 610 
        and 617 of the Revenue Act of 1918 and other alcoholic 
        beverages made in the manner of wine, including sparkling and 
        carbonated wine, wine made from condensed grape must, wine made 
        from other agricultural products than the juice of sound, ripe 
        grapes, imitation wine, wine compounds sold as wine, vermouth, 
        cider, perry, and sake if it contains not less than 7 percent 
        and not more than 24 percent of alcohol by volume and if for 
        nonindustrial use.
            ``(C) The term `distilled spirit' means ethyl alcohol, 
        hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, 
        gin, and other distilled spirits, including all dilutions and 
        mixtures thereof for nonindustrial use. Such term does not 
        include mixtures containing wine, bottled at 48 degrees of 
        proof or less if the mixture contains more than 50 percent wine 
        on a proof gallon basis.
            ``(D) The term `drink' is a serving of a malt beverage, 
        wine, or distilled spirit which contains .6 ounces of alcohol 
        by volume.
    ``(3) The Secretary shall by regulation require that the 
information required on a container of a malt beverage, wine, or 
distilled spirit label by subparagraph (1)--
            ``(A) be located in a conspicuous place on such label,
            ``(B) appear in conspicuous and legible type which is in 
        contrast by typography, layout, and color with other printed 
        matter and which is of a size no less than one-sixteenth of an 
        inch in height,
            ``(C) be displayed horizontally,
            ``(D) be easily legible when the container is held in the 
        usual way, and
            ``(E) be offset by borders.''.

SEC. 3. AUTHORIZATION.

    There is authorized to be appropriated to the Secretary $500,000 
for fiscal year 1996 and each succeeding fiscal year to establish and 
operate the toll-free number referred to in section 403(t)(1)(E) of the 
Federal Food, Drug, and Cosmetic Act (as added by section 1).

SEC. 4. REPORT.

    The report required by section 206 of the Alcoholic Beverage 
Labeling Act of 1988 shall be filed within 3 months of the date of the 
enactment of this Act.
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