[Federal Register Volume 67, Number 124 (Thursday, June 27, 2002)]
[Proposed Rules]
[Pages 43496-43509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16026]
[[Page 43495]]
-----------------------------------------------------------------------
Part IV
Department of the Treasury
-----------------------------------------------------------------------
Bureau of Alcohol, Tobacco, and Firearms
-----------------------------------------------------------------------
27 CFR Part 7
Labeling and Advertising of Malt Beverages (2000R-107P); Proposed Rule
Federal Register / Vol. 67, No. 124 / Thursday, June 27, 2002 /
Proposed Rules
[[Page 43496]]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 7
[Notice No. 946]
RIN 1512-AC10
Labeling and Advertising of Malt Beverages (2000R-107P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This proposed rule revises the regulations regarding the
labeling and advertising of malt beverages in accordance with plain
language principles. These changes also incorporate minor technical
amendments. There are no changes in requirements from the existing
regulations. The Bureau of Alcohol, Tobacco and Firearms (ATF) is
making this change in order to more clearly communicate the existing
requirements. Because we are amending these regulations to conform to
the plain language style, we are limiting comments to the effects of
this change in the regulations' language. While we welcome comments on
any aspect of these regulations, we will consider in this rulemaking
only those comments that bear on the change in language.
DATES: We must receive your written comments not later than August 26,
2002.
ADDRESSES: You must send written comments to: Chief, Regulations
Division, Notice No. 946, Bureau of Alcohol, Tobacco and Firearms, P.O.
Box 50221, Washington, DC 20091-0221.
See also the heading entitled ``Public Participation--Submission of
Comments'' in the SUPPLEMENTARY INFORMATION portion of this notice for
information about submitting comments by FAX or by electronic mail.
Anyone may examine copies of written comments to this notice of
proposed rulemaking, including comments submitted by FAX or by
electronic mail. Comments will be available for public inspection
during normal business hours at: ATF Reading Room, Room 6480, 650
Massachusetts Avenue NW., Washington, DC 20226; telephone 202-927-7890.
FOR FURTHER INFORMATION CONTACT: You may contact Charles N. Bacon,
Program Manager, Bureau of Alcohol, Tobacco and Firearms, 10 Causeway
Street, Room 701, Boston, MA 02222; telephone 617-557-1323.
SUPPLEMENTARY INFORMATION:
Public Participation--Submission of Comments
We request comments from all interested persons. We will carefully
consider all comments we receive on or before August 26, 2002. We will
give the same consideration to comments we receive after that date if
it is practical to do so, but we give assurance of consideration only
to comments we receive on or before the closing date.
Because we intend that this rulemaking revise only the style of
language, and not the effect of the regulations, we solicit comments on
that basis only. Accordingly, comments should be limited to the
following questions: Does this language have the same effect as the old
regulations? Does the plain language format effect the operation of the
regulations? Is this new style helpful or useful? We will not consider
in this rulemaking any comments that go beyond this scope.
Will ATF Treat My Comments as Confidential?
No. We will not recognize any material in comments as confidential.
Your comments may be disclosed to the public. You should not include
any material that you consider to be confidential or inappropriate for
public disclosure. We may disclose the name of any person submitting a
comment.
May I Submit a Comment by Facsimile Transmission?
Yes. You may submit comments by facsimile transmission to (202)
927-8602. Facsimile comments must meet these guidelines. They must:
1. Be legible when printed on 8\1/2\ x 11'' paper;
2. Contain the notice number and a written signature; and
3. Be three pages or less in length.
We will not accept FAX comments longer than three pages. We will
not acknowledge receipt of FAX transmittals. We will treat facsimile
comments as originals.
May I Submit Comments by Electronic Mail?
Yes. You may submit comments by electronic mail to
[email protected] or through the ATF home page at http://www.atf.treas.gov. Electronic mail comments must include:
1. A reference to this document's ATF notice number;
2. Your e-mail address; and
3. Your name and post office address.
Background
This is a plain language revision of 27 CFR part 7, Labeling and
Advertising of Malt Beverages. We issued the original requirements in
part 7 after an opportunity for notice and comment in the rulemaking
process. Since we are making only stylistic changes and minor technical
amendments, we are limiting comments to the plain language issue in
this proposed rule. As this revision adopts the plain language style,
there is no change in the intent or effect of the regulations from the
existing part 7. There are no changes to the authority, scope, or
effect of the regulations. The authority for these requirements remains
27 U.S.C. 205.
Discussion
What Is ATF Doing About the Interim Regulation on Alcohol Content?
This revision combines the existing sections that concern alcohol
content. We omit the old Sec. 7.26, a section we suspended on April 19,
1993, in T.D. ATF-339. Instead, we simply state the current ``interim''
requirements found at Sec. 7.71. The plain language requirements are in
new Secs. 7.100 through 7.108.
Why Is ATF Issuing Part 7 in Plain Language?
We intend for this revision to provide greater clarity to part 7.
It is one of the first revisions of our regulations to adopt the plain
language style. As one of the smaller parts in title 27, it is one that
is more easily revised. This change gives us a plain language version
to serve as a model for future revisions.
How Does This Revision Change Part 7?
There are no changes to the current requirements. There are no
additions or deletions from regulatory provisions. However, we are
amending part 7 in several ways.
We are expanding section headings, moving material from subordinate
sections to main section numbers, reorganizing for easier reading, and
simplifying language.
We are combining identical requirements for labeling and
advertising. We had previously listed nearly identical requirements for
labeling and advertisement in separate subparts. We are now combining
similar requirements that apply to both labeling and advertising. Where
requirements differ, we make those distinctions in separate sections.
We are stating requirements in a more logical, clearly identified
order.
1. New subpart C lists requirements for labeling malt beverages.
[[Page 43497]]
2. New subpart D lists requirements for advertising malt beverages.
3. New subpart E lists prohibited practices for labeling and
advertising of malt beverages.
To What Extent Does This Regulation Apply?
These regulations apply to the labeling and advertising of malt
beverages to the extent that State law applies to these issues. Some
States have adopted the Federal Alcohol Administration Act (FAA)
requirements. Other States have different requirements, including:
Specific State alcohol beverage regulations,
General incorporation of the Federal rules as State rules, or
Other requirements, such as regulation of alcohol beverages as
food.
If your State requires that you label your malt beverages, whether
through a malt beverage-specific law, or through a more general law,
such as a requirement to label as a food product, then these labeling
regulations apply to you. Likewise, if your State consumer protection
or unfair merchandise practices impose similar requirements on
advertising malt beverages, then these advertising regulations apply to
you.
Is My Internet Advertisement Covered by These Regulations?
Yes. If you are subject to part 7, your Internet advertisement is
subject to these rules. The old part 7 makes it clear that any medium
is covered. When these regulations were first issued in 1936, the
Internet did not exist. This revision of part 7 makes it clear that the
Internet is a covered medium.
How Can I Find a New Section From an ``Old'' Section in the Revised
Part 7?
This chart is a cross-reference between the previous section
numbers and the new section numbers:
Cross Reference Table--Previous Part 7 Sections to Revised Sections
------------------------------------------------------------------------
Previous section Revised section
------------------------------------------------------------------------
7.1....................................... 7.1
7.2....................................... 7.2
7.3....................................... 7.15
7.3(a).................................... 7.4
7.3(b).................................... 7.5
7.4....................................... 7.6
7.10...................................... 7.10
7.20(a)................................... 7.3
7.20(b)................................... 7.8, 7.30
7.20(c)(1)................................ 7.110
7.20(c)(1)................................ 7.111
7.20(c)(2)................................ 7.112
7.21...................................... 7.60
7.21(a)................................... 7.61
7.21(b)................................... 7.62
7.21(c)................................... 7.63
7.22(a)................................... 7.40
7.22(a)(3)................................ 7.80
7.22(b)(1)................................ 7.41
7.22(b)(2)................................ 7.42
7.22(b)(3)................................ 7.43
7.22(b)(4)................................ 7.44
7.22(b)(5)................................ 7.45
7.22(b)(6)................................ 7.46
7.22(b)(7)................................ 7.47
7.23(a)................................... 7.50
7.23(b)................................... 7.51
7.23(b)................................... 7.52
7.23(c)................................... 7.53
7.24(a)................................... 7.70
7.24(b)................................... 7.71
7.24(c)................................... 7.72
7.24(d)................................... 7.73
7.24(e)................................... 7.74
7.24(f)................................... 7.75
7.24(f)................................... 7.77
7.24(f)................................... 7.78
7.24(g)................................... 7.76
7.24(h)................................... 7.79
7.25(a)(1)................................ 7.81
7.25(a)(2)................................ 7.82
7.25(b)................................... 7.83
7.25(c)................................... 7.84
7.26...................................... Omitted
7.27...................................... 7.90
7.27(a)................................... 7.91
7.27(b)................................... 7.91
7.27(c)................................... 7.90
7.28(a)................................... 7.31
7.28(b)(1)................................ 7.33
7.28(b)(2)................................ 7.33
7.28(b)(1)................................ 7.32
7.28(c)................................... 7.34
7.28(c)................................... 7.35
7.28(c)................................... 7.36
7.28(d)................................... 7.37
7.28(e)................................... 7.38
7.29(a)................................... 7.300
7.29(a)(1)................................ 7.301
7.29(a)(2)................................ 7.302
7.29(a)(3)................................ 7.303
7.29(a)(4)................................ 7.304
7.29(a)(5)................................ 7.305
7.29(a)(5)................................ 7.306
7.29(a)(6)................................ 7.320
7.29(a)(6)................................ 7.321
7.29(b)................................... 7.307
7.29(b)................................... 7.308
7.29(c)................................... 7.309
7.29(d)................................... 7.310
7.29(d)................................... 7.311
7.29(e)................................... 7.312
7.29(f)................................... 7.313
7.29(f)................................... 7.314
7.29(g)................................... 7.322
7.29(h)................................... 7.323
7.30...................................... 7.3
7.31(a)................................... 7.20
7.31(a)................................... 7.21
7.31(b)................................... 7.24
7.31(c)................................... 7.25
7.31(d)................................... 7.26
7.40...................................... 7.3
7.41(a)................................... 7.20
7.41(a)................................... 7.22
7.41(b)................................... 7.26
7.42...................................... 7.23
7.50...................................... 7.3
7.50...................................... 7.200
7.50...................................... 7.201
7.51...................................... 7.11
7.51...................................... 7.12
7.51(a)................................... 7.13
7.51(b)................................... 7.14
7.52...................................... 7.210
7.52(a)................................... 7.211
7.52(b)................................... 7.212
7.52(c)................................... 7.213
7.53(a)................................... 7.220
7.53(b)................................... 7.221
7.53(c)................................... 7.222
7.53(d)................................... 7.223
7.53(e)................................... 7.224
7.54...................................... 7.300
7.54(a)(1)................................ 7.301
7.54(a)(2)................................ 7.302
7.54(a)(3)................................ 7.303
7.54(a)(4)................................ 7.304
7.54(a)(5)................................ 7.305
7.54(a)(5)................................ 7.306
7.54(a)(6)................................ 7.307
7.54(a)(6)................................ 7.308
7.54(a)(7)................................ 7.309
7.54(b)(1)................................ 7.330
7.54(b)(2)................................ 7.331
7.54(c)(1)................................ 7.313
7.54(c)(1)................................ 7.314
7.54(c)(2)................................ 7.332
7.54(c)(3)................................ 7.333
7.54(d)(1)................................ 7.334
7.54(d)(2)................................ 7.335
7.54(e)................................... 7.312
7.54(f)................................... 7.336
7.54(g)................................... 7.310
7.54(g)................................... 7.311
7.54(h)................................... 7.337
7.55(a)................................... 7.340
7.55(b)(1)................................ 7.350
7.55(b)(2)................................ 7.351
7.55(b)(3)................................ 7.353
7.60...................................... 7.9
7.71(a)................................... 7.100
7.71(b)(1)................................ 7.101
7.71(b)(2)................................ 7.102
7.71(b)(3)................................ 7.102
7.71(c)(1)................................ 7.103
7.71(c)(2)................................ 7.104
7.71(c)(3)................................ 7.103
7.71(c)(3)................................ 7.105
7.71(d)................................... 7.106
7.71(e)................................... 7.107
7.71(f)................................... 7.108
------------------------------------------------------------------------
How Can I Find an ``Old'' Section From the New Section in the Revised
Part 7?
This chart shows the derivation of the new language from the old.
It is a cross-reference between the revised section numbers and the
previous section numbers.
[[Page 43498]]
Derivation Reference Table--Revised Part 7 Sections to Previous Sections
------------------------------------------------------------------------
Revised section Previous section
------------------------------------------------------------------------
Omitted.......................... 7.26
7.1.............................. 7.1
7.2.............................. 7.2
7.3.............................. 7.20(a), 7.30, 7.40, 7.50
7.4.............................. 7.3(a)
7.5.............................. 7.3(b)
7.6.............................. 7.4
7.7.............................. Part 7 references to prior rulemaking
decisions.
7.8.............................. 7.20(b)
7.9.............................. 7.60
7.10............................. 7.10
7.11............................. 7.51
7.12............................. 7.51
7.13............................. 7.51(a)
7.14............................. 7.51(b)
7.15............................. 7.3
7.20............................. 7.31(a), 7.41(a)
7.21............................. 7.31(a)
7.22............................. 7.41(a)
7.23............................. 7.42
7.24............................. 7.31(b)
7.25............................. 7.31(c)
7.26............................. 7.31(d), 7.41(b)
7.30............................. 7.30
7.31............................. 7.28(a)
7.32............................. 7.28(b)(1)
7.33............................. 7.28(b)(1), 7.28(b)(2)
7.34............................. 7.28(c)
7.35............................. 7.28(c)
7.36............................. 7.28(c)
7.37............................. 7.28(d)
7.38............................. 7.28(e)
7.40............................. 7.22(a)
7.41............................. 7.22(b)(1)
7.42............................. 7.22(b)(2)
7.43............................. 7.22(b)(3)
7.44............................. 7.22(b)(4)
7.45............................. 7.22(b)(5)
7.46............................. 7.22(b)(6)
7.47............................. 7.22(b)(7)
7.50............................. 7.23(a)
7.51............................. 7.23(b)
7.52............................. 7.23(b)
7.53............................. 7.23(c)
7.60............................. 7.21
7.61............................. 7.21(a)
7.62............................. 7.21(b)
7.63............................. 7.21(c)
7.70............................. 7.24(a)
7.71............................. 7.24(b)
7.72............................. 7.24(c)
7.73............................. 7.24(d)
7.74............................. 7.24(e)
7.75............................. 7.24(f)
7.76............................. 7.24(g)
7.77............................. 7.24(f)
7.78............................. 7.24(f)
7.79............................. 7.24(h)
7.80............................. 7.22(a)(3)
7.81............................. 7.25(a)(1)
7.82............................. 7.25(a)(2)
7.83............................. 7.25(b)
7.84............................. 7.25(c)
7.90............................. 7.27, 7.27(c)
7.91............................. 7.27(a), 7.27(b)
7.100............................ 7.71(a)
7.101............................ 7.71(b)(1)
7.102............................ 7.71(b)(2), 7.71(b)(3)
7.103............................ 7.71(c)(1), 7.71(c)(3)
7.104............................ 7.71(c)(2)
7.105............................ 7.71(c)(3)
7.106............................ 7.71(d)
7.107............................ 7.71(e)
7.108............................ 7.71(f)
7.110............................ 7.20(c)(1)
7.111............................ 7.20(c)(1)
7.112............................ 7.20(c)(2)
7.200............................ 7.50
7.201............................ 7.50
7.210............................ 7.52
7.211............................ 7.52(a)
7.212............................ 7.52(b)
7.213............................ 7.52(c)
7.220............................ 7.53(a)
7.221............................ 7.53(b)
7.222............................ 7.53(c)
7.223............................ 7.53(d)
7.224............................ 7.53(e)
7.300............................ 7.29(a), 7.54
7.301............................ 7.29(a)(1), 7.54(a)(1)
7.302............................ 7.29(a)(2), 7.54(a)(2)
7.303............................ 7.29(a)(3), 7.54(a)(3)
7.304............................ 7.29(a)(4), 7.54(a)(4)
7.305............................ 7.29(a)(5), 7.54(a)(5)
7.306............................ 7.29(a)(5), 7.54(a)(5)
7.307............................ 7.29(b), 7.54(a)(6)
7.308............................ 7.29(b), 7.54(a)(6)
7.309............................ 7.29(c), 7.54(a)(7)
7.310............................ 7.29(d), 7.54(g)
7.311............................ 7.29(d), 7.54(g)
7.312............................ 7.29(e), 7.54(e)
7.313............................ 7.29(f), 7.54(c)(1)
7.314............................ 7.29(f), 7.54(c)(1)
7.320............................ 7.29(a)(6)
7.321............................ 7.29(a)(6)
7.322............................ 7.29(g)
7.323............................ 7.29(h)
7.330............................ 7.54(b)(1)
7.331............................ 7.54(b)(2)
7.332............................ 7.54(c)(2)
7.333............................ 7.54(c)(3)
7.334............................ 7.54(d)(1)
7.335............................ 7.54(d)(2)
7.336............................ 7.54(f)
7.337............................ 7.54(h)
7.340............................ 7.55(a)
7.350............................ 7.55(b)(1)
7.351............................ 7.55(b)(2)
7.353............................ 7.55(b)(3)
------------------------------------------------------------------------
What Are the Technical Amendments ATF Is Making in This Rule?
We are making minor technical amendments to clarify the appropriate
ATF officer who is responsible for certain actions. These changes
incorporate references to the ``appropriate ATF officer'' and to ATF
delegation orders. These changes are necessary to more effectively
administer these rules with the continued prospect of organizational
changes. We have frequently found that our regulatory requirements do
not match our organizational alignment. Sometimes we have made several
reorganizational changes before the regulations are changed to reflect
the current responsibilities. In the case of these regulations, there
are named ATF officials whose titles are more than 10 years outdated.
It is not unusual for the rules to require actions by officers whose
title or function has changed several times. By amending the rules to
cite ``appropriate ATF officer'' we can then make the necessary changes
more easily in an ATF delegation order that we make available through
our Distribution Center and publish on our Internet website. This ATF
order delegates specific responsibilities to the ``appropriate'' ATF
officer. We express these requirements in a new Sec. 7.15.
What Changes Is ATF Making for Cross-References to Previous Rulemaking
Decisions?
We are moving cross-references for previous Treasury Decisions to a
new Sec. 7.7. This cross-reference facilitates future updates of this
important research tool for those who need this information.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this notice of proposed rulemaking because
there are no new or revised recordkeeping or reporting requirements.
The Office of Management and Budget has previously approved the
collections of information contained in this notice of proposed
rulemaking, in accordance with the requirements of the Paperwork
Reduction Act of 1980 or the Paperwork Reduction Act of 1995. The
collection of information in this regulation is in the following
sections:
Information Collections in Part 7
----------------------------------------------------------------------------------------------------------------
OMB sontrol
For the purpose of . . . Old section New section No.
----------------------------------------------------------------------------------------------------------------
Declaration of sulfites................. Sec. 722.(b)(6)............ Sec. 7.46................. 1512-0469
[[Page 43499]]
Name and address........................ Sec. 7.25.................. Secs. 7.81-7.84........... 1512-0474
----------------------------------------------------------------------------------------------------------------
Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) do not apply because this notice of proposed rulemaking will not
have a significant economic impact on a substantial number of small
entities. Any final rule published as a result of this notice will not
impose, or otherwise cause, a significant increase in reporting,
recordkeeping, or other compliance burdens on a substantial number of
small entities.
We do not expect the final rule to have a significant secondary or
incidental effect on a substantial number of small entities.
Accordingly, we certify under the provisions of section 3 of the
Regulatory Flexibility Act (5 U.S.C. 605(b)) that this notice will not
have a significant economic impact on a substantial number of small
entities.
Pursuant to section 7805(f) of the Internal Revenue Code of 1986,
we have submitted this regulation to the Chief Counsel for Advocacy of
the Small Business Administration for comment on its impact on small
business.
Executive Order 12866
We determined that this rule is not a significant regulatory action
because it will not:
1. Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
2. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
3. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866.
Drafting Information
The principal author of this document is William H. Foster,
Regulations Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 7
Advertising, Authority delegations, Beer, Consumer protection,
Customs duties and inspection, Imports, Labeling, Packaging and
Containers, Reporting and recordkeeping requirements.
Proposed Rule
For the reasons set forth in the preamble, we propose to amend
title 27, Code of Federal Regulations, by revising part 7 in its
entirety as follows:
PART 7--LABELING AND ADVERTISING OF MALT BEVERAGES
Par. 1. To incorporate the principles of plain language, revise
part 7 to read as follows:
PART 7--LABELING AND ADVERTISING OF MALT BEVERAGES
Subpart A--What Is the Scope of The Regulations in This Part?
Sec.
7.1 What do the regulations in this part cover?
7.2 To which jurisdictions do the regulations in this part apply?
7.3 How does State law affect the regulations in this part?
7.4 What ATF Forms must I use?
7.5 Where do I get ATF Forms?
7.6 What other regulations apply?
7.7 Which Treasury Decisions preceded the revision of this part?
7.8 Who must comply with the regulations in this part?
7.9 Do these regulations apply to malt beverages I export in bond?
Subpart B--Definitions
7.10 What terms must I know to understand these regulations?
7.11 What is a malt beverage ``advertisement?'
7.12 What are examples of malt beverage advertisements?
7.13 Is my malt beverage label an advertisement?
7.14 Is a news article an advertisement?''
7.15 Who is the ``appropriate ATF officer'' for malt beverage
labeling and advertising?
Subpart C--Labeling Requirements for Malt Beverages
Requirements for Certificates of Label Approval
7.20 When must I obtain a certificate of label approval from ATF
for a domestic malt beverage?
7.21 When must I obtain a certificate of label approval from ATF
for an imported malt beverage?
7.22 How do I obtain a certificate of label approval?
7.23 When must I exhibit a certificate of label approval?
7.24 Must imported malt beverage labels be identical to the label
on the certificate of label approval?
7.25 What if my imported malt beverage labels do not conform to my
certificate of label approval?
7.26 Where do I find the ATF procedures for certificates of label
approval?
General Label Requirements
7.30 Why must I label my malt beverages?
7.31 Must I use a contrasting background?
7.32 What size of type is acceptable for the alcohol content
statement?
7.33 What size of type is acceptable for mandatory information
other than the alcohol content?
7.34 Is English required for the label?
7.35 May I make statements in foreign languages?
7.36 May I use Spanish for malt beverages destined for Puerto
Rico?
7.37 How must I attach my labels to the containers?
7.38 May I state information that is not required?
Mandatory Label Information
7.40 What information is required on my brand label?
7.41 What additional information is required for an imported malt
beverage?
7.42 What additional information is required for malt beverages I
bottle or pack for another person?
7.43 Am I required to include the alcohol content?
7.44 How must I label my malt beverage made with FD&C Yellow No.
5?
7.45 How must I label my malt beverage if saccharin is present?
7.46 How must I label my malt beverage if it contains sulfites?
7.47 How must I label my malt beverage if it contains aspartame?
Brand Names
7.50 What is the brand name?
7.51 What is a misleading brand name?
7.52 How can I fix a misleading brand name?
7.53 Are certain trade or brand names of foreign origin exempt
from Sec. 7.51?
Misbranding
7.60 What is ``misbranding?''
7.61 What if my label doesn't have all the mandatory information?
7.62 On my cartons or cases may I use material that is prohibited
on labels?
[[Page 43500]]
7.63 May I use containers that are permanently marked with someone
else's name?
Class and Type
7.70 What is class and type?
7.71 What is the class for a reconstituted malt beverage?
7.72 What is ``half and half?''
7.73 What class designation may I use to label malt beverages with
less than one-half of 1 percent alcohol by volume?
7.74 What rules apply to class for ale, porter, and stout?
7.75 What are the requirements for geographical names for
distinctive types of malt beverages?
7.76 What is a generic geographical name for distinctive types of
malt beverages?
7.77 What are examples of distinctive types of malt beverages with
geographical names that are not generic?
7.78 How may I designate Pilsner beer that I produce in the United
States?
7.79 How may I use a geographical name on other than a distinctive
malt beverage type?
Name and Address
7.80 Where must I state my name and address?
7.81 What name and address is required for domestic malt beverages?
7.82 What name and address is acceptable if I pack or bottle for
someone else?
7.83 What name and address is required for imported malt beverages?
7.84 What type of address must I state on my label?
Net Contents Statement
7.90 Where must I state the net contents of my container?
7.91 How must I state net contents?
Alcohol Content
7.100 When may I state the alcohol content of my malt beverage?
7.101 What measurement do I use to state alcohol content?
7.102 How do I state alcohol content?
7.103 What tolerance is permitted between actual alcohol content
and the label statement of alcohol content?
7.104 What is the acceptable tolerance for ``low'' or ``reduced''
alcohol malt beverages?
7.105 What is the tolerance for a malt beverage I label with a
``0.0%'' alcohol content?
7.106 When may I use the terms ``low alcohol'' or ``reduced
alcohol?''
7.107 When may I use the term ``non-alcoholic?''
7.108 When may I use the term ``alcohol free?''
Relabeling Malt Beverages
7.110 May I alter a malt beverage label already on the container?
7.111 May I relabel a malt beverage?
7.112 How do I get permission to relabel a malt beverage?
Subpart D--Advertising of Malt Beverages
7.200 Who must comply with these regulations?
7.201 Are there exceptions to advertising requirements?
Mandatory Advertising Statements
7.210 What statements are mandatory for malt beverage
advertisements?
7.211 What information is required about the responsible
advertiser?
7.212 What information is required for malt beverage class?
7.213 Is there any exception to mandatory information?
Legibility of Mandatory Information
7.220 What are the requirements for legibility of mandatory
information?
7.221 What are the requirements for legibility on signs,
billboards, or displays?
7.222 May I place mandatory information in a separate part of my
advertisement?
7.223 May I combine mandatory information for more than one
product?
7.224 How apparent must the mandatory information be to viewers?
Subpart E--Prohibited Practices for Labeling and Advertising
7.300 What is covered by these prohibitions?
Malt Beverage Labeling and Advertisements
7.301 You must not use false or misleading statements.
7.302 You must not disparage a competitor's products.
7.303 You must not use obscene or indecent material.
7.304 You must not use statements about testing and analyses that
may mislead consumers.
7.305 You must not use misleading statements about guarantees.
7.306 You may use a statement for a money-back guarantee.
7.307 You must not mislead consumers as to government authority
for your malt beverage processes.
7.308 You may use a municipal or State permit number.
7.309 You must not mislead consumers as to government supervision
of your malt beverage business.
7.310 You must not use United States flags or other insignia.
7.311 You must not use flags or insignia in a misleading manner.
7.312 You must not use curative or therapeutic claims.
7.313 You must not use words that may mislead as to alcoholic
strength.
7.314 What is not misleading as to alcoholic strength?
Additional Malt Beverage Labeling Practices
7.320 Your brand and trade names must not include misleading
endorsements.
7.321 What is an acceptable brand or trade name labeling
endorsement?
7.322 You must not use numerals that are misleading as to
alcoholic content.
7.323 You must not use prohibited labeling statements on
coverings, cartons, or cases.
Additional Malt Beverage Advertisement Practices
7.330 You must not use advertisement statements inconsistent with
your malt beverage labeling.
7.331 You must not use an unapproved label in an advertisement.
7.332 You may depict an approved label with alcohol content in a
malt beverage advertisement.
7.333 You may use an advertisement with an actual container
showing an approved alcohol content label.
7.334 You must not use misleading class statements.
7.335 You must not use ale, porter, or stout designations in a
misleading manner.
7.336 Your advertisement must not confuse brands.
7.337 You must not use deceptive advertising techniques.
Comparative Advertisements
7.340 May I use comparative advertising?
Taste Tests in Advertisements
7.350 May I use taste tests in malt beverage advertisements?
7.351 What scientific procedures must I use for taste tests?
7.352 Must I list the name and address of the taste test
administrator?
Authority: 27 U.S.C. 205.
Subpart A--What Is the Scope Of The Regulations in This Part?
Sec. 7.1 What do the regulations in this part cover?
The regulations in this part relate to the labeling and advertising
of malt beverages.
Sec. 7.2 To which jurisdictions do the regulations in this part apply?
This part applies to the States of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
Sec. 7.3 How does State law affect the regulations in this part?
These regulations apply to malt beverage labeling and advertising
in interstate commerce only to the extent that State law imposes
similar requirements on malt beverages that are exclusively intrastate.
You must comply with these regulations to the extent that the State
imposes similar requirements on malt beverages that you remove for
consumption or sale only in that State.
Sec. 7.4 What ATF Forms must I use?
The Director prescribes all forms required by these regulations.
Follow the instructions on each form and furnish all of the required
information. If you fail to follow instructions or to provide the
information that we require, you may not receive the service or benefit
that you request. To comply with labeling regulations use: Application
for and Certification/
[[Page 43501]]
Exemption of Label/Bottle Approval, ATF Form 5100.31.
Sec. 7.5 Where do I get ATF Forms?
You can download ATF forms from our website at www.atf.treas.gov.
You may also request forms by mail from the ATF Distribution Center.
The mailing address is: ATF Distribution Center, P.O. Box 5950,
Springfield, VA 22150-5950.
Sec. 7.6 What other regulations apply?
You may find other related regulations in these parts of title 27,
Code of Federal Regulations (27 CFR):
Part 1--Basic Permit Requirements Under the Federal Alcohol
Administration Act.
Part 4--Labeling and Advertising of Wine.
Part 5--Labeling and Advertising of Distilled Spirits.
Part 13--Labeling Proceedings.
Part 16--Alcoholic Beverage Health Warning Statement.
Part 25--Beer.
Part 26--Liquors and Articles from Puerto Rico and the Virgin
Islands.
Part 27--Importation of Distilled Spirits, Wines and Beer.
Part 71--Rules of Practice in Permit Proceedings.
Sec. 7.7 Which Treasury Decisions preceded the revision of this part?
We issued these Treasury Decisions in earlier rulemaking concerning
malt beverage labeling and advertising:
------------------------------------------------------------------------
Federal Register
Treasury decision (T.D.) citation Date
------------------------------------------------------------------------
6521.......................... 25 FR 13859 Dec. 29, 1960.
6672.......................... 28 FR 9637 Aug. 31, 1963.
29 FR 3572 Mar. 20, 1964.
ATF-48........................ 43 FR 13534 Mar. 31, 1978.
ATF-66........................ 45 FR 40552 June 13, 1980.
ATF-92........................ 46 FR 46912 Sept. 23, 1981.
ATF-94........................ 46 FR 55097 Nov. 6, 1981.
ATF-180....................... 49 FR 61374 Aug. 8, 1984.
ATF-224....................... 51 FR 7673 Mar. 5, 1986.
ATF-225....................... 51 FR 8492 Mar. 12, 1986.
ATF-249....................... 52 FR 5956 Feb. 27, 1987.
ATF-280....................... 54 FR 3594 Jan. 25, 1989.
ATF-294....................... 55 FR 5421 Feb. 14, 1990.
ATF-339....................... 58 FR 21231 April 19, 1993.
ATF-344....................... 58 FR 40354 July 28, 1993.
ATF-372....................... 61 FR 20723 May 8, 1996.
------------------------------------------------------------------------
Sec. 7.8 Who must comply with the regulations in this part?
You must mark, brand, or label your malt beverage containers and
comply with these regulations if you are a malt beverage brewer,
wholesaler, or importer, directly or indirectly, or through an
affiliate, and you introduce malt beverages into interstate commerce,
or you receive malt beverages in interstate or foreign commerce.
Sec. 7.9 Do these regulations apply to malt beverages I export in
bond?
No, these regulations do not apply to malt beverages you export in
bond.
Subpart B--Definitions
Sec. 7.10 What terms must I know to understand these regulations?
These terms have specific meanings for malt beverage labeling and
advertising.
Act. The Federal Alcohol Administration Act.
Advertisement. See Sec. 7.11.
Appropriate ATF officer. See Sec. 7.15.
Brand label. The label carrying, in the usual distinctive design,
the brand name of the malt beverage.
Bottler. Any person who places malt beverages in containers of a
capacity of one gallon or less.
Certificate of label approval. An ATF Form, the Application for and
Certification/Exemption of Label/Bottle Approval, ATF Form 5100.31.
Container. Any can, bottle, barrel, keg, or other closed
receptacle, in any size or material, for the sale of malt beverages at
retail.
Director. The Director, Bureau of Alcohol, Tobacco and Firearms,
Department of the Treasury, Washington, DC.
Gallon. A U.S. gallon of 231 cubic inches at 39.1 deg. F (4 deg.
C). All other liquid measures used are subdivisions of the gallon as
defined.
Interstate or foreign commerce. Offering for sale, selling,
shipping, delivering for sale or for shipment, removing from U.S.
Customs custody, or otherwise introducing malt beverages into commerce
between any State and any place outside the State, or between points
within the same State but through any place outside the State, or
commerce within the District of Columbia.
Malt beverage. A beverage made by the alcoholic fermentation of an
infusion, decoction, or combination of both, in potable brewing water,
of malted barley with hops, or their parts or products, and with or
without:
(1) Other malted cereals,
(2) The addition of unmalted or prepared cereals,
(3) Other carbohydrates or carbohydrate products prepared,
(4) The addition of carbon dioxide, and
(5) Other wholesome products suitable for human food consumption.
Other terms. Any other term defined in the Federal Alcohol
Administration Act and used in this part has the same meaning assigned
to it by the Act.
Packer. Any person who places malt beverages in containers of a
capacity in excess of one gallon.
Person. Any individual, partnership, joint-stock company, business
trust, association, corporation, or other form of business enterprise,
including a receiver trustee, or liquidating agent, and including an
officer or employee of any agency of a State or political subdivision
thereof.
State. Any State of the United States including the District of
Columbia and the Commonwealth of Puerto Rico.
These regulations. Part 7, title 27, Code of Federal Regulations
(27 CFR part 7).
United States: The several States, the District of Columbia, and
the Commonwealth of Puerto Rico.
We. In these regulations ``we'' refers to the Bureau of Alcohol,
Tobacco and Firearms.
You and I. ``You'' and ``I'' refer to the person who must comply
with these regulations.
Sec. 7.11 What is a malt beverage ``advertisement?
A malt beverage ``advertisement'' includes any written, broadcast,
or verbal statement, illustration, or depiction in any medium that is:
(a) In interstate or foreign commerce, or
(b) Calculated to induce sales in interstate or foreign commerce,
or
(c) Disseminated by mail.
Sec. 7.12 What are examples of malt beverage advertisements?
This list does not include all forms of advertisement, but includes
examples. ``Advertisement'' includes all material(s): written, printed,
graphic, or any other media, including those in:
(a) Newspapers, magazines, trade booklets, menus, wine cards,
leaflets, circulars, mailers, book inserts, catalogs, promotional
materials, sales pamphlets, periodical literature, or similar
publications;
(b) Matter accompanying malt beverage containers;
(c) Representations made on cases, in any billboard, sign, other
outdoor advertisement, public transit card, or similar material;
(d) Radio or television broadcasts or Internet or other electronic
communications;
(e) Any other media.
Sec. 7.13 Is my malt beverage label an advertisement?
No, labels on containers are not advertising under these
regulations. However, you must comply with the labeling requirements of
these regulations when you affix any label to
[[Page 43502]]
any malt beverage container, coverings, cartons, or cases of containers
you use for sale at retail.
Sec. 7.14 Is a news article an advertisement?
No, we do not consider unpaid and unsolicited news material to be
advertisements. For example, most articles, editorials, and news
releases are not advertisements. We do, however, consider news
material, articles, editorials, and news releases to be advertisements
if you:
(a) Pay or promise to pay for the material, directly or indirectly,
or
(b) Direct the material to be written.
Sec. 7.15 Who is the ``appropriate ATF officer'' for malt beverage
labeling and advertising?
The ``appropriate ATF officer'' is the officer or employee of the
Bureau of Alcohol, Tobacco and Firearms (ATF) who is authorized to
perform the function that is required by a particular regulation. The
Director delegates authorities in these regulations to certain ATF
officers. You will find the specific ``appropriate ATF officer'' in the
delegation order for part 7. As needed, we may periodically update the
delegation order. On the effective date of this regulation the current
delegation order is ATF O 1130.2A, Delegation Order `` Delegation of
the Director's Authorities in 27 CFR Part 4, 5, and 7, Labeling and
Advertising of Wine, Distilled Spirits, and Malt Beverages. You may
obtain the current delegation order:
(a) By mail from: ATF Distribution Center, P.O. Box 5950,
Springfield, Virginia 22150-5190; or
(b) By Internet at: http://www.atf.treas.gov.
Subpart C--Malt Beverage Labeling Requirements
Requirements for Certificates of Label Approval
Sec. 7.20 When must I obtain a certificate of label approval from ATF
for a domestic malt beverage?
You must obtain a certificate of label approval from us if you:
(a) Bottle or pack malt beverages, or
(b) Remove malt beverages from the plant where they are bottled or
packed.
Sec. 7.21 When must I obtain a certificate of label approval from ATF
for an imported malt beverage?
You must obtain an approved certificate of label approval in order
to obtain release of bottled imported malt beverages in containers from
U.S. Customs custody. You must deposit the original or a copy of an
approved certificate of label approval, ATF Form 5100.31, with the
appropriate U.S. Customs officer at the port of entry.
Sec. 7.22 How do I obtain a certificate of label approval?
To obtain a certificate of label approval, you must submit an
application to the appropriate ATF officer (see Sec. 7.15) on
Application for and Certification/Exemption of Label/Bottle Approval,
ATF Form 5100.31. If we approve your label, we will issue your approved
certificate to you.
Sec. 7.23 When must I exhibit a certificate of label approval?
You must exhibit your certificate of label approval upon the demand
of any duly authorized representative of the United States Government
or any duly authorized representative of a State or political
subdivision of the State. You may exhibit an original or duplicate
original of a certificate of label approval.
Sec. 7.24 Must imported malt beverage labels be identical to the label
on the certificate of label approval?
Yes, except for certain permissible changes, your certificate of
label approval must match the actual labels. You must present the
original or copy of an approved certificate of label approval to obtain
release from U.S. Customs custody. The certificate of label approval
permits certain changes to labels. See the back of Certificate of Label
Approval (ATF Form 5100.31) for details.
Sec. 7.25 What if my imported malt beverage labels do not conform to
my certificate of label approval?
If the labels for your imported malt beverages in U.S. Customs
custody do not conform to certificates of label approval issued by us,
then you must relabel the malt beverages:
(a) Prior to release, and
(b) Under the supervision and direction of the U.S. Customs
officers of the port at which the malt beverages are located.
Sec. 7.26 Where do I find the ATF procedures for certificates of label
approval?
You will find the procedures regarding the issuance, denial, and
revocation of certificates of label approval, as well as appeal
procedures in part 13 of this chapter.
General Label Requirements
Sec. 7.30 Why must I label my malt beverage?
The Federal Alcohol Administration Act requires that, in compliance
with these regulations, you must label, mark, and brand all malt
beverages that you introduce into interstate or foreign commerce. For
beverages that move only within a State, the Act requires you to take
these actions to the extent that similar State law requires you to
label, mark, and brand malt beverages.
Sec. 7.31 Must I use a contrasting background?
Yes. You must design your labels so that all statements required by
these regulations are readily legible under ordinary conditions, and
all such statements are on a contrasting background. This applies to
all mandatory information under these regulations.
Sec. 7.32 What size of type is acceptable for the alcohol content
statement?
You must state all portions of the alcohol content statement in the
same size and kind of lettering and of equally conspicuous color.
Unless State law requires otherwise, you must make the statement of
alcohol content in script, type, or printing. Use a size of type in
accordance with these requirements.
------------------------------------------------------------------------
Then the size of the script,
If the container is: type, or printing of the
alcohol content must be:
------------------------------------------------------------------------
(a) 8 fluid ounces or less............. Not smaller than 1 millimeter.
(b) More than 8 fl. oz................. Not smaller than 2 millimeters.
(c) 40 fl. oz. or less................. Not larger than 3 millimeters.
(d) Larger than 40 fl. oz.............. Not larger than 4 millimeters.
------------------------------------------------------------------------
Sec. 7.33 What size of type is acceptable for mandatory information
other than the alcohol content?
For mandatory information other than the alcohol content you must
use a size of type in accordance with these requirements.
[[Page 43503]]
------------------------------------------------------------------------
Then the size of the script,
If . . . type, or printing of all
mandatory information must be:
------------------------------------------------------------------------
(a) The mandatory information is stated More conspicuous than that of
among other descriptive or explanatory the descriptive or explanatory
information. information that it appears
with.
(b) The container is one-half pint or Not smaller than 1 millimeter.
less.
(c) The container is more than one-half Not smaller than 2 millimeters.
pint.
------------------------------------------------------------------------
Sec. 7.34 Is English required for the label?
Yes, on malt beverage labels you must use the English language for
all mandatory information other than the brand name.
Sec. 7.35 May I make statements in foreign languages?
Yes, you may make additional statements in foreign languages if the
statements do not conflict with or contradict the requirements of these
regulations.
Sec. 7.36 May I use Spanish for malt beverages destined for Puerto
Rico?
Yes, you may use Spanish instead of English for malt beverage
labels on containers you bottle or pack for consumption in Puerto Rico.
If you use Spanish, you must also state the net contents in English.
Sec. 7.37 How must I attach my labels to the containers?
You must firmly affix labels. You must attach the labels to
containers of malt beverages in such a way that they cannot be removed
without a thorough application of water or other solvents.
Sec. 7.38 May I state information that is not required?
Yes, your labels may contain information other than the mandatory
label information required by these regulations if the information:
(a) Complies with the requirements of these regulations, and
(b) Does not conflict with, or in any manner qualify, statements
required by these regulations.
Mandatory Label Information
Sec. 7.40 What information is required on my brand label?
On your brand label you must state your:
(a) Brand name, in accordance with Secs. 7.50 through 7.53,
(b) Class, in accordance with Secs. 7.70 through 7.79,
(c) Name and address in accordance with Secs. 7.80 through 7.84,
and
(d) Net contents in accordance with Sec. 7.90 through 7.91.
Sec. 7.41 What additional information is required for an imported malt
beverage?
In the case of imported malt beverages, you must state the name and
address of the importer on the brand label or on a separate front or
back label in accordance with Sec. 7.83.
Sec. 7.42 What additional information is required for malt beverages
that I bottle or pack for another person?
If you bottle or pack malt beverages for a permit holder or
retailer, you must include your name and address as the bottler or
packer on the brand label or on a separate back or front label in
accordance with Sec. 7.82.
Sec. 7.43 Am I required to include the alcohol content?
If required by State law, you must list the alcohol content on the
brand label or on a separate back or front label in accordance with
Secs. 7.100 through 7.108. Nothing in this section relieves you from
complying with State law.
Sec. 7.44 How must I label a malt beverage made with FD&C Yellow No.
5?
If you use this coloring material, then you must include the
statement: ``Contains FD&C Yellow No. 5.'' on the brand label or on a
separate back or front label.
Sec. 7.45 How must I label my malt beverage if saccharin is present?
When saccharin is present in the finished product, you must include
the following statement, separate and apart from all other information,
on the brand label or a back or front label:
Use of this malt beverage may be hazardous to your health. This
malt beverage contains saccharin which has been determined to cause
cancer in laboratory animals.
Sec. 7.46 How must I label my malt beverage if it contains sulfites?
(a) Where sulfur dioxide or a sulfiting agent is detected at a
level of 10 or more parts per million, measured as total sulfur
dioxide, you must include one of these:
(1) ``Contains sulfites'' or
(2) ``Contains (a) sulfiting agent(s)'' or
(3) A statement identifying the specific sulfiting agent.
(b) The sulfite declaration may appear on a strip label or neck
label instead of appearing on the front or back label.
(Approved by the Office of Management and Budget under Control No.
1512-0469.)
Sec. 7.47 How must I label my malt beverage if it contains aspartame?
(a) When the malt beverage contains aspartame you must include the
following statement in accordance with Food and Drug Administration
(FDA) regulations, in capital letters, separate and apart from all
other information:
PHENYLKETONURICS: CONTAINS PHENYLALANINE
(b) This statement may appear on the brand label, or any front or
back label.
Brand Names
Sec. 7.50 What is the brand name?
The ``brand name'' is the trade name you use when you sell your
malt beverage. You must have a brand name for your malt beverage. If
you do not develop a brand name to sell your malt beverage, then you
must use your name as the brand name for the purpose of these
regulations.
Sec. 7.51 What is a misleading brand name?
A brand name is misleading if it creates any erroneous impression
or inference as to the age, origin, identity, or other characteristics
of the malt beverage. We may find a brand name misleading by itself or
in association with other printed or graphic matter. You must not use a
misleading brand name.
Sec. 7.52 How can I fix a misleading brand name?
One way to fix a misleading brand name so that it does not convey
an erroneous impression as to the age, origin, identity, or other
characteristics of the malt beverage is to qualify your misleading
brand name by adding the word ``brand.''
Sec. 7.53 Are certain trade or brand names of foreign origin exempt
from Sec. 7.51?
Some trade or brand names of foreign origin are exempt from the
misleading prohibition in Sec. 7.51. You may use a trade or brand name
of foreign origin that meets these conditions:
(a) It was registered in the United States Patent Office on or
before August 29, 1935;
(b) It was used by you or your predecessors in the United States
for a period of at least 5 years immediately preceding August 29, 1935;
[[Page 43504]]
(c) The trade or brand name is qualified by the name of the
location in the United States where you produce the malt beverage; and
(d) The qualification is as conspicuous as the trade name or brand.
Misbranding
Sec. 7.60 What is ``misbranding?''
The Act provides that malt beverage containers must bear the labels
required by these regulations. If your labels do not conform to these
requirements then the law provides that your containers are misbranded.
Sec. 7.61 What if my label doesn't have all the mandatory information?
Your malt beverage is misbranded if the container does not have a
brand label (or a brand label and other permitted labels) that:
(a) Contains the mandatory label information as required by
Secs. 7.40 through 7.47, and
(b) Conforms to the general requirements specified in these
regulations.
Sec. 7.62 On my cartons or cases may I use material that is prohibited
on labels?
No, your malt beverage is misbranded if you use any material
intended for retail use that contains any statement, design, device, or
graphic, pictorial, or emblematic representation that is prohibited by
these regulations. Examples of materials include:
(a) Containers,
(b) Caps on containers,
(c) Labels on the containers, or any carton, case, or other
covering of the container, and
(d) Any written, printed, graphic, or other matter accompanying the
container to the consumer.
Sec. 7.63 May I use containers that are permanently marked with
someone else's name?
No, your containers are misbranded if they are marked, branded, or
burned with the name of a person other than the name required for the
brand label.
Class and Type
Sec. 7.70 What is class and type?
You must state on your brand label the class of your malt beverage,
and if desired, you may state the type of malt beverage. Class is a
designation of malt beverage known to the trade, such as ``beer,''
``ale,'' ``porter,'' ``stout,'' ``lager,'' or ``malt liquor.'' You may
also further distinguish a malt beverage by using names known to the
trade. If the malt beverage is not known to the trade under a
particular designation, you must state a distinctive or fanciful name,
together with an adequate and truthful statement of the composition of
the malt beverage. We consider this statement to be a statement of
class and type for the purposes of these regulations.
Sec. 7.71 What is the class for a reconstituted malt beverage?
Regulations permit you to reconstitute any malt beverage that you
have concentrated by the removal of water. You may reconstitute the
malt beverage only by the addition of water and carbon dioxide. You
must label these reconstituted malt beverages in the same manner as
malt beverages that have not been concentrated and reconstituted.
However, you must show the class designation of these beverages in
accordance with these conditions. You must:
(a) Show the statement: ``PRODUCED FROM ------ CONCENTRATE''
together with the class designation,
(b) Use the appropriate class designation in the blank, and
(c) Show all parts of the class designation in lettering of
substantially the same size and kind.
Sec. 7.72 What is ``half and half?'
You may designate a malt beverage as ``half and half'' only if it
is composed of equal parts of two classes of malt beverages. You must
conspicuously state the names of both together with the designation
``half and half.''
Sec. 7.73 What class designation may I use to label malt beverages
with less than one-half of 1 percent alcohol by volume?
(a) For malt beverages containing less than one-half of 1 percent
(0.5%) of alcohol by volume you must list the class as one of the
following:
(1) ``Malt beverage,''
(2) ``Cereal beverage,'' or
(3) ``Near beer.'' If you use the designation ``near beer,'' both
words must appear in the same size and style of type, in the same color
of ink, and on the same color background.
(b) You must not use the class designations ``beer,'' ``lager
beer,'' ``lager,'' ``ale,'' ``porter,'' or ``stout,'' or any other
class or type designations that are commonly applied to malt beverages
containing one-half of 1 percent (0.5%) or more of alcohol by volume.
Sec. 7.74 What rules apply to class for ale, porter, and stout?
You must not use ``ale,'' ``porter,'' or ``stout'' unless your malt
beverage:
(a) Is fermented at comparatively high temperature,
(b) Possesses the characteristics generally attributed to ``ale,''
``porter,'' or ``stout,'' and
(c) Is produced with no coloring or flavoring materials other than
those recognized in standard brewing practices.
Sec. 7.75 What are the requirements for geographical names for
distinctive types of malt beverages?
You may use geographical names for distinctive types of malt
beverages only if:
(a) The malt beverage is produced in the particular region
indicated by the name;
(b) We find under Sec. 7.76 that the name is generic; or
(c) The malt beverage conforms to the designated type and together
with the name, and in lettering equally visible as the name, there must
appear:
(1) The word ``type,''
(2) The word ``American,'' or
(3) Some other statement indicating the true place of production.
Sec. 7.76 What is a generic geographical name for distinctive types of
malt beverages?
A generic geographical name is one that by usage and common
knowledge has lost its geographical significance as a place of origin
for the product. We determine which geographical names are generic. An
example of a generic geographical name is ``India Pale Ale.''
Sec. 7.77 What are examples of distinctive types of malt beverages
with geographical names that are not generic?
These are examples of distinctive types of beer with geographical
names that are not generic:
Dortmund, Dortmunder, Vienna, Wien, Wiener, Bavarian, Munich,
Munchner, Salvator, Kulmbacher, Wurtzburger.
Sec. 7.78 How may I designate Pilsner beer that I produce in the
United States?
You may designate beer you produce in the United States as
``Pilsen,'' ``Pilsener,'' or ``Pilsner'' without further modification
if it conforms to that type.
Sec. 7.79 How may I use a geographical name on other than a
distinctive malt beverage type?
(a) You may use geographical names that are not names for
distinctive types of malt beverages if:
(1) The malt beverage is produced in the particular place or region
indicated in the name; or
(2) We determine the brand name is not misleading as to origin of
the malt beverage.
(b) If we find that your geographical name is misleading you must
not use the name. One method to prevent a name from being misleading is
to
[[Page 43505]]
qualify the geographical name by adding the word ``brand.''
Name and Address
(Approved by the Office of Management and Budget under control number
1512-0474)
Sec. 7.80 Where must I state my name and address?
You must state your name and address:
(a) On the brand label, or
(b) By blowing, branding, or burning it into the container.
Sec. 7.81 What name and address is required for domestic malt
beverages?
On labels of containers of domestic malt beverages you must state
your name as the bottler or packer and the place where you bottle or
pack. You may show your principal place of business instead of the
actual place where you bottle or pack if the address you show is a
location where you also bottle or pack. We may disapprove your listing
of a principal place of business if its use creates a false or
misleading impression as to the geographic origin of the malt beverage.
Sec. 7.82 What name and address is acceptable if I pack or bottle for
someone else?
If you bottle or pack malt beverages for another person you:
(a) Must state your name and address, and
(b) May state the name and address of the other person immediately
after the words ``bottled for,'' ``distributed by,'' or some other
similar appropriate phrase.
Sec. 7.83 What name and address is required for imported malt
beverages?
If you are importing malt beverages as a permittee who is the
importer, an exclusive agent, a sole distributor, or any other person
responsible for the importation, then you:
(a) Must state on labels of containers of imported malt beverages
the words ``imported by'' or a similar appropriate phrase followed
immediately by the name of the importer and the importer's principal
place of business in the United States, and
(b) May state the name and principal place of business of the
foreign manufacturer, bottler, packer, or shipper. If State or foreign
law requires the name and place of business, then they must appear on
the label.
Sec. 7.84 What type of address must I state on my label?
(a) You must state your post-office address. You may omit your
street address and use only your city and state.
(b) You may state additional addresses if:
(1) You are actively engaged in malt beverage business at the
additional addresses, and
(2) You state, together with the additional address, an appropriate
description of the business you conduct at that location.
Net Contents Statement
Sec. 7.90 Where must I state the net contents of my container?
You must state the net contents of your container on the brand
label or by blowing, branding, or burning it into the container. You do
not need to state the net contents on any label if you have the net
contents blown, branded, or burned in the container in plainly legible
characters, which are clear and not obscured in any way.
Sec. 7.91 How must I state net contents?
You must state net contents in accordance with this chart. Express
fractions in their lowest denominations.
Net Contents Statements
------------------------------------------------------------------------
Then you must state net
If your container is: contents:
------------------------------------------------------------------------
(a) Less than 1........................ in fluid ounces, or fractions
of a pint.
(b) 1 pint............................. 1 pint.
(c) More than 1 pint, but less than 1 in fractions of a quart, or in
quart. pints and fluid ounces.
(d) 1 quart............................ 1 quart.
(e) More than 1 quart, but less than 1 in fractions of a gallon, or in
gallon. quarts, pints, and fluid
ounces.
(f) 1 gallon........................... 1 gallon.
(g) More than 1 gallon................. in gallons and fractions of a
gallon.
------------------------------------------------------------------------
Alcohol Content
Sec. 7.100 When may I state the alcohol content of my malt beverage?
(a) You may state the alcohol content and the percentage and
quantity of the original gravity or extract on a label. When you state
alcohol content you must use:
(1) The statement required by these regulations, or
(2) If it is different, the manner of statement required under
State law.
(b) Nothing in this section relieves you from complying with State
law.
Sec. 7.101 What measurement do I use to state alcohol content?
You must state the alcohol content in percent of alcohol by volume.
You must not use percent by weight, proof, ranges, or maximums or
minimums.
Sec. 7.102 How do I state alcohol content?
State the alcohol content of your malt beverage in accordance with
these requirements:
(a) You must use one of these options:
(1) ``Alcohol------ percent by volume,''
(2) ``Alcohol by volume ------ percent,''
(3) ``------ percent alcohol by volume,'' or
(4) ``------ percent alcohol/volume.''
(b) You may use these substitutions:
(1) ``Alc'' for alcohol,
(2) ``Vol'' for volume, and
(3) ``%'' for percent.
(c) State alcohol content as follows:
(1) If your malt beverage contains 0.5 percent alcohol by volume,
you must state alcohol content to the nearest one tenth of a percent.
(2) If your malt beverage contains less than 0.5 percent alcohol by
volume, you may state alcohol content in one hundredths of a percent.
Sec. 7.103 What tolerance is permitted between actual alcohol content
and the label statement of alcohol content?
We accept these listed tolerances between the actual alcohol
content of your malt beverage and the alcohol content you state on the
label.
[[Page 43506]]
------------------------------------------------------------------------
If your malt beverage: An acceptable tolerance is:
------------------------------------------------------------------------
(a) Contains 0.5 percent or more any malt beverage you label as
alcohol by volume. containing 0.5 percent or more
alcohol by volume must not contain
less than 0.5 percent alcohol by
volume, regardless of any
tolerance.
Otherwise, 0.3 percent, either above
or below the stated percentage of
alcohol.
(b) Contains less than 0.5 percent the actual alcoholic content must
alcohol by volume. not exceed the labeled alcoholic
content.
------------------------------------------------------------------------
Sec. 7.104 What is the acceptable tolerance for ``low'' or ``reduced''
alcohol malt beverages?
For malt beverages which you label as ``low alcohol'' or ``reduced
alcohol'' the actual alcohol content must not equal or exceed 2.5
percent alcohol by volume, regardless of any tolerance permitted by
Sec. 7.103.
Sec. 7.105 What is the tolerance for a malt beverage I label with
``0.0 %'' alcohol content?
There is no tolerance here. You may label a malt beverage with an
alcoholic content of 0.0 percent alcohol by volume only if:
(a) You also label it as ``alcohol free,'' and
(b) It contains no alcohol.
Sec. 7.106 When may I use the terms ``low alcohol'' or ``reduced
alcohol?'
You may use ``low alcohol'' or ``reduced alcohol'' only on malt
beverages containing less than 2.5 percent alcohol by volume.
Sec. 7.107 When may I use the term ``non-alcoholic?''
You may use ``non-alcoholic'' on malt beverages only if you also
use it together with the statement: ``contains less than 0.5 percent
(or .5%) alcohol by volume.'' This statement must be in readily legible
printing on a completely contrasting background.
Sec. 7.108 When may I use the term ``alcohol free?''
You may use ``alcohol free'' only on malt beverages containing no
alcohol.
Relabeling Malt Beverages
Sec. 7.110 May I alter a malt beverage label already on the container?
No, the Act provides that it is unlawful to alter, mutilate,
destroy, obliterate, or remove any mark, brand, or label on malt
beverages you hold for sale in interstate or foreign commerce, or after
shipment in interstate or foreign commerce, except as authorized by
Federal law. You may relabel the malt beverage with prior permission
from us.
Sec. 7.111 May I relabel a malt beverage?
You may obtain permission to add additional labeling or to relabel
malt beverages in containers if additional labeling or relabeling is
justified to comply with:
(a) These regulations, or
(b) Requirements of State law.
Sec. 7.112 How do I get permission to relabel a malt beverage?
You must file a written application for permission to relabel. File
with the appropriate ATF officer (see Sec. 7.15). You must submit:
(a) Two complete sets of the old labels,
(b) Two complete sets of any proposed labels, and
(c) A statement of the:
(1) Reasons for relabeling,
(2) Quantity and the location of the malt beverages, and
(3) Name and address of the person who will relabel.
Subpart D--Advertising of Malt beverages
Sec. 7.200 Who must comply with these regulations?
You must comply with these regulations if you are a malt beverage
brewer, wholesaler, or importer and you publish or disseminate, or
cause to be published or disseminated, any malt beverage advertisement,
directly or indirectly, or through an affiliate.
Sec. 7.201 Are there exceptions to advertising requirements?
There are two exceptions to these requirements. These regulations
do not apply to:
(a) Outdoor advertising in place on September 7, 1984: but the
rules apply upon replacement, restoration, or renovation of that
advertising; or
(b) The retailer, publisher, broadcaster, or provider of any
advertising medium unless you are in business as a malt beverage
brewer, wholesaler, bottler, or importer, directly or indirectly, or
through an affiliate.
Mandatory Advertising Statements
Sec. 7.210 What statements are mandatory for malt beverage
advertisements?
All malt beverage advertisements must comply with these regulations
and state the:
(a) Responsible advertiser (see Sec. 7.211), and
(b) Malt beverage class (see Sec. 7.212).
Sec. 7.211 What information is required about the responsible
advertiser?
The advertisement must state the name, city and state of the
brewer, bottler, packer, wholesaler, or importer responsible for its
publication, broadcast, or Internet content.
Sec. 7.212 What information is required for malt beverage class?
The advertisement must contain a conspicuous statement of the class
to which the malt beverage belongs, corresponding to the statement of
class these regulations require to appear on the label of the product.
(See Secs. 7.70-7.79)
Sec. 7.213 Is there any exception to mandatory information?
Yes, there are these exceptions to mandatory information.
------------------------------------------------------------------------
When your advertisement: You may:
------------------------------------------------------------------------
(a) Refers to: A general malt beverage state only the name and address
line, or all of the malt beverage of the responsible advertiser.
products of one company, whether by
the company name or by the brand name
common to all the malt beverages in
the line.
(b) Refers to only one type of malt not use the exception. State
beverage marketed under the specific the name and address of the
brand name. responsible advertiser and the
class.
(c) Is on consumer specialty items..... state only:
(1) the company name, or
(2) brand name of the product.
------------------------------------------------------------------------
[[Page 43507]]
Legibility of Mandatory Information
Sec. 7.220 What are the requirements for legibility of mandatory
information?
In any written, printed, or graphic advertisement, all statements
you make to comply with these regulations must be in lettering or type
size sufficient to be conspicuous and readily legible.
Sec. 7.221 What are the requirements for legibility on signs,
billboards, or displays?
In the case of signs, billboards, or displays your name and address
may appear in type size or lettering smaller than the other mandatory
information, provided that the information is legible upon closer
examination of the sign or billboard.
Sec. 7.222 May I place mandatory information in a separate part of my
advertisement?
No, you must clearly state mandatory information as a part of the
advertisement. You must not separate mandatory information in any
manner from the remainder of the advertisement.
Sec. 7.223 May I combine mandatory information for more than one
product?
No, you must clearly separate statements of mandatory information
for two or more products.
Sec. 7.224 How apparent must the mandatory information be to viewers?
You must state mandatory information in print, electronic and
audiovisual media so that it is readily apparent to the persons viewing
the advertisement.
Subpart E--Prohibited Practices For Labeling and Advertising
Sec. 7.300 What is covered by these prohibitions?
These prohibitions may apply to:
(a) The use for sale to the consumer of:
(1) Containers of malt beverages,
(2) Labels on malt beverage containers,
(3) Labels on shipping containers,
(4) Cartons, cases, or individual coverings of malt beverage
containers, and
(5) Written, printed, graphic, or other matter accompanying malt
beverage containers.
(b) Malt beverage advertisements.
Malt Beverage Labeling and Advertisements
Sec. 7.301 You must not use false or misleading statements.
For malt beverage labels and advertisements you must not use any
statement that:
(a) Is false or untrue in any particular, or
(b) Tends to create a misleading consumer impression, whether or
not the statement is true or false, either directly, by ambiguity,
omission, inference, or by addition of irrelevant, scientific or
technical matter.
Sec. 7.302 You must not disparage a competitor's products.
Your malt beverage labels and advertisements must not disparage a
competitor's products.
Sec. 7.303 You must not use obscene or indecent material.
You must not use labels and advertisements with any statement,
design, device, or representation that is obscene or indecent.
Sec. 7.304 You must not use statements about testing and analyses that
may mislead consumers.
You must not use any statement, design, device, or representation
relating to analyses, standards, or tests, whether these are true or
false, that is likely to mislead the consumer.
Sec. 7.305 You must not use misleading statements about guarantees.
You must not use any statement, design, device, or representation
relating to any guarantee, whether these are true or false, that is
likely to mislead the consumer.
Sec. 7.306 You may use a statement for a money-back guarantee.
Malt beverage labels and advertisements may include money-back
guarantee statements.
Sec. 7.307 You must not mislead consumers as to government authority
for your malt beverage processes.
You must not use statements that may mislead consumers to believe
that your malt beverage is manufactured or processed under any
government authority.
(a) Such statements include:
(1) Simulations of government stamps,
(2) Designs that resemble or simulate a stamp of the United States
Government or of any State or foreign government, and
(3) Any statement that your malt beverage is brewed, made, bottled,
packed, labeled, or sold under, or in accordance with, any municipal,
State, Federal, or foreign government authorization, law, or
regulation.
(b) Your label may include:
(1) A stamp authorized or required by the United States Government
or any State or foreign government,
(2) A statement that is required or specifically authorized by
Federal, State, or municipal, law or regulation, and
(3) A statement that is required or specifically authorized by the
laws or regulations of the foreign country where the malt beverage is
produced.
Sec. 7.308 You may use a municipal or State permit number.
If you display a municipal or State permit number on your label or
in advertisement, you may not use any additional statement to accompany
the permit number, except that you may use an additional statement that
is required by State law.
Sec. 7.309 You must not mislead consumers as to government supervision
of your malt beverage business.
You must not use malt beverage labels or advertisements with
statements that imply governmental supervision over production,
bottling, or packing of malt beverages. Examples of these statements
include:
(a) ``Bonded''
(b) ``Bottled in bond''
(c) ``Aged in bond''
(d) ``Bonded age''
(e) ``Bottled under customs supervision,'' or
(f) Phrases containing these or synonymous terms.
Sec. 7.310 You must not use United States flags or other insignia.
You must not use malt beverage labels or advertisements that
contain any statement, design, device, or pictorial representation that
relate, directly or indirectly, to:
(a) The armed forces of the United States,
(b) The United States flag, or
(c) Any emblem, seal, insignia, or decoration associated with the
United States flag or armed forces.
Sec. 7.311 You must not use flags or insignia in a misleading manner.
You must not use malt beverage labels or advertisements that
contain misleading flags or insignia. Examples include: flags,
statements, designs, devices, seals, coats of arms, crests, other
insignia, or pictorial representations of these. Such labels or
advertisements are misleading if a consumer may falsely believe the
malt beverage is:
(a) Endorsed by,
(b) Made by,
(c) Used by,
(d) Produced by,
(e) Produced under the supervision of, or
[[Page 43508]]
(f) Made in accordance with the specifications of the person whom
the flag or insignia represents.
Sec. 7.312 You must not use curative and therapeutic claims.
You must not use malt beverage labels or advertisements with
misleading curative or therapeutic claims. Examples include any
statements, designs, representations, pictorial representations, or
devices that represent malt beverage consumption as having curative or
therapeutic effects. The claims are misleading if they:
(a) Are untrue in any way, or
(b) Tend to create a misleading impression.
Sec. 7.313 You must not use words that may mislead as to alcoholic
strength.
Your labels and advertisements must not use words that are
misleading as to the alcoholic strength of your malt beverage. You must
not use misleading numerals, letters, characters, figures, or similar
words or statements. For example, you must not use these terms:
(a) ``Strong,''
(b) ``Full strength,''
(c) ``Extra strength,''
(d) ``High test,''
(e) ``High proof,''
(f) ``Pre-war strength,'' or
(g) ``Full old-time alcoholic strength.''
Sec. 7.314 What is not misleading as to alcoholic strength?
You may use words or statements of alcoholic strength or alcohol
content under these conditions.
(a) If State law requires you to include alcoholic strength or
content statements on your labels or in your advertisements.
(b) You may use the terms ``low alcohol,'' ``reduced alcohol,''
``non-alcoholic,'' and ``alcohol-free,'' in accordance with
Secs. 7.106, 7.107, and 7.108.
(c) You may use a malt beverage alcohol content statement in
accordance with Secs. 7.100 through 7.108.
Additional Malt Beverage Labeling Practices
Sec. 7.320 Your brand and trade names must not include misleading
endorsements.
You must not use a brand or trade name that is misleading. Brand or
trade names are misleading if:
(a) You use the name of:
(1) Any living individual of public prominence,
(2) An existing private or public organization,
(3) A name that is a simulation or an abbreviation of a living
individual or organization, or
(4) Any graphic, pictorial, or emblematic representation of these
individuals or organizations; and
(b) The use of the name is likely to mislead a consumer to falsely
believe the individual or organization:
(1) Endorses,
(2) Uses,
(3) Produces,
(4) Supervises production of, or
(5) Gives specifications to produce the malt beverage.
Sec. 7.321 What is an acceptable brand or trade name labeling
endorsement?
Brand or trade names are not misleading if you use the name of any
person in business as a malt beverage producer, importer, bottler,
packer, wholesaler, retailer, or warehouseman. You may also use the
name of any living individual of public prominence, or an existing
private or public organization, provided that you or your predecessors
used the trade or brand name prior to August 29, 1935.
Sec. 7.322 You must not use numerals that are misleading as to
alcoholic content.
Your malt beverage labels must not contain statements that
consumers may consider as statements of alcoholic content. Examples
include: statements, designs, or devices, whether in the form of
numerals, letters, characters, figures, or otherwise. However, you may
use statements as required by State law, or as permitted by Secs. 7.100
through 7.108.
Sec. 7.323 You must not use prohibited labeling statements on
coverings, cartons, or cases.
For retail packaging and other materials you may use statements and
graphics that are allowed by these regulations. You must not use any
statements, graphic pictorials, emblematic representations, or other
matter, that are prohibited on labels or containers. For malt beverages
these prohibitions apply to:
(a) Individual coverings,
(b) Cartons,
(c) Cases,
(d) Other container wrappers, and
(e) Any written, printed, graphic, or other matter accompanying the
container.
Additional Malt Beverage Advertisement Practices
Sec. 7.330 You must not use advertisement statements inconsistent with
your malt beverage labeling.
You must not use malt beverage advertisement statements that are
inconsistent with your labeling statements.
Sec. 7.331 You must not use an unapproved label in an advertisement.
Any label you depict on a bottle in an advertisement must be a
reproduction of an approved label.
Sec. 7.332 You may depict an approved label with alcohol content in a
malt beverage advertisement.
In any advertising media you may depict an approved malt beverage
label that bears a statement of alcoholic content permitted under
Secs. 7.100 through 7.108. The statement of alcohol content on the
label must not appear more prominently in the advertisement than it
does on the approved label.
Sec. 7.333 You may use an advertisement with an actual container
showing an approved alcohol content label.
In any advertising media you may display an actual malt beverage
container showing the approved label bearing a statement of alcohol
content permitted under Secs. 7.100 through 7.108.
Sec. 7.334 You must not use misleading class statements.
Your advertisements must not use misleading statements as to the
class of your malt beverage. If your malt beverage contains less than
one-half of 1 percent alcohol by volume you must not use:
(a) ``Beer,''
(b) ``Lager beer,''
(c) ``Lager,''
(d) ``Ale,''
(e) ``Porter''
(f) ``Stout,'' or
(g) Any other class or type designation commonly applied to
fermented malt beverages containing one-half of 1 percent or more
alcohol by volume.
Sec. 7.335 You must not use ``ale,'' ``porter,'' or ``stout''
designations in a misleading manner.
Your advertisements may use designations for ``ale,'' ``porter,''
or ``stout'' only when your malt beverage:
(a) Is fermented at a comparatively high temperature,
(b) Possesses the characteristics generally attributed to ``ale,''
``porter,'' or ``stout,'' and
(c) Is produced without the use of coloring or flavoring materials
other than those recognized in standard brewing practices.
Sec. 7.336 Your advertisement must not confuse brands.
Your advertisement must not lead to brand confusion.
(a) This provision applies to your representations in:
(1) One advertisement,
(2) Two or more advertisements in one issue of a periodical or
newspaper, and
[[Page 43509]]
(3) One piece of other written, printed, or graphic matter.
(b) You must not advertise two or more different malt beverage
brands if any of the following occur:
(1) The advertisement tends to create an impression that
representations you make for one brand applies to the another brand;
(2) The representations are contrary to any provision of the
regulations in this part; or
(3) The representations are in any respect untrue.
Sec. 7.337 You must not use deceptive advertising techniques.
You must not use malt beverage advertisements that use subliminal
or similar advertising techniques. These prohibited advertisements
include: the use of any device or technique that conveys, or attempts
to convey, a message to a person by means of images or sounds of a very
brief nature that cannot be perceived at a normal level of awareness.
Comparative Advertisements
Sec. 7.340 May I use comparative advertising?
Yes, you may use comparative advertising that is not disparaging of
a competitor's product.
Taste Tests in Advertisements
Sec. 7.350 May I use taste tests in malt beverage advertisements?
Yes, you may use taste test results in advertisements comparing
competitors' products unless they are disparaging, deceptive, or likely
to mislead the consumer.
Sec. 7.351 What scientific procedures must I use for taste tests?
You must use a taste test procedure that meets scientifically
accepted procedures. An example of a scientifically accepted procedure
is outlined in the Manual on Sensory Testing Methods, ASTM Special
Technical Publication 434, published by the American Society for
Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania
19103, ASTM, 1968, Library of Congress Catalog Card Number 68-15545.
Sec. 7.352 Must I list the name and address of the taste test
administrator?
Yes, if you use a taste test in your advertisement, you must also
make a statement in the advertisement providing the name and address of
the taste test administrator.
Signed: August 17, 2001.
Bradley A. Buckles,
Director.
Approved: May 14, 2002.
Timothy E. Skud,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 02-16026 Filed 6-26-02; 8:45 am]
BILLING CODE 4810-31-P