Modification of Mandatory Label Information for Wine, Distilled Spirits, and Malt Beverages, 51732-51735 [E7-17909]
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51732
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules
The Regulatory Flexibility Act and
Executive Order 12866
This proposed amendment seeks to
expand the list of designated airports at
which certain aircraft may land for
customs processing. As described in this
document, certain international flights
have been arriving at SAT, pursuant to
statute, from November 2000, through
November 9, 2006. The expansion of the
list of designated airports to include
SAT will not result in any new impact
on affected parties but will result in a
continuation of the previous situation.
Therefore, CBP certifies that the
proposed rule will not have significant
economic impact on a substantial
number of small entities. Accordingly,
the document is not subject to the
regulatory analysis or other
requirements of 5 U.S.C. 603 and 604 of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). The Office of Management
and Budget has determined that this
regulatory proposal is not a significant
regulatory action as defined under
Executive Order 12866.
Dated: September 4, 2007.
Michael Chertoff,
Secretary.
[FR Doc. E7–17802 Filed 9–10–07; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
Trade Group regarding the presentation
of certain information on wine labels.
DATES: Comments must be received on
or before November 13, 2007.
ADDRESSES: You may send comments on
this notice to one of the following
addresses:
• https://www.regulations.gov (Federal
e-rulemaking portal; follow the
instructions for submitting comments);
or
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412,
Washington, DC 20044–4412.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
You may view copies of this notice
and any comments we receive about this
proposal at https://www.regulations.gov.
You also may view copies of this notice
and any comments we receive about this
proposal by appointment at the TTB
Information Resource Center, 1310 G
Street, NW., Washington, DC 20220. To
make an appointment, call 202–927–
2400.
Mari
A. Kirrane, Wine Trade and Technical
Advisor, Alcohol and Tobacco Tax and
Trade Bureau, 221 Main Street, Suite
1340, San Francisco, CA 94105;
telephone (415) 625–5793.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
27 CFR Parts 4, 5, and 7
TTB Authority
[Notice No. 74]
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the regulations
promulgated under the FAA Act.
RIN 1513–AB36
Modification of Mandatory Label
Information for Wine, Distilled Spirits,
and Malt Beverages
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking;
solicitation of comments.
AGENCY:
In this notice, the Alcohol
and Tobacco Tax and Trade Bureau
(TTB) proposes to amend its regulations
regarding the mandatory labeling
requirements for alcoholic beverages.
The proposed regulatory changes would
permit alcohol content to appear on
other labels affixed to the container
rather than on the brand label as
currently required. These regulatory
changes will provide greater flexibility
in alcoholic beverage labeling, and will
conform the TTB wine labeling
regulations to the recent agreement
reached by members of the World Wine
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SUMMARY:
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Current TTB Mandatory Brand Labeling
Requirements for Wine
Part 4 of the TTB regulations (27 CFR
part 4) sets forth the requirements for
labeling and advertising wine
promulgated under the FAA Act.
Section 4.10 (27 CFR 4.10) defines a
brand label as the label carrying, in the
usual distinctive design, the brand name
of the wine. Section 4.32 (27 CFR 4.32)
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prescribes mandatory label information.
Section 4.32(a) requires a statement of
the following on the brand label:
• The brand name, in accordance
with § 4.33;
• The class, type, or other
designation, in accordance with § 4.34;
• The alcohol content, in accordance
with § 4.36; and
• On blends consisting of American
and foreign wines, if any reference is
made to the presence of foreign wine,
the exact percentage by volume.
In addition, § 4.32(b) lists other
mandatory label information, which
may appear on any label affixed to the
container.
Current TTB Mandatory Brand Labeling
Requirements for Distilled Spirits
Part 5 of the TTB regulations (27 CFR
part 5) sets forth the requirements for
labeling and advertising distilled spirits
promulgated under the FAA Act.
Section 5.11 (27 CFR 5.11) defines a
brand label as the principal display
panel that is most likely to be displayed,
presented, shown, or examined under
normal and customary conditions of
display for retail sale, and any other
label appearing on the same side of the
bottle as the principal display panel.
The principal display panel appearing
on a cylindrical surface is that 40
percent of the circumference which is
most likely to be displayed, presented,
shown, or examined under normal and
customary conditions of display for
retail sale. Section 5.32 (27 CFR 5.32)
prescribes mandatory label information.
Section 5.32(a) requires a statement of
the following on the brand label:
• The brand name;
• The class and type, in accordance
with § 5.35; and
• The alcohol content, in accordance
with § 5.37.
In addition, § 5.32(b) lists the
mandatory label information that must
appear on either the brand label or the
back label, including net contents and
the country of origin of imported spirits.
Current TTB Mandatory Brand Labeling
Requirements for Malt Beverages
Part 7 of the TTB regulations (27 CFR
part 7) sets forth the requirements for
labeling and advertising malt beverages
promulgated under the FAA Act.
Section 7.10 (27 CFR 7.10) defines a
brand label as the label carrying, in the
usual distinctive design, the brand name
of the malt beverage. Section 7.22 (27
CFR 7.22) prescribes mandatory label
information. Section 7.22(a) requires a
statement of the following on the brand
label:
• The brand name, in accordance
with § 7.23;
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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules
yshivers on PROD1PC62 with PROPOSALS
• The class, in accordance with
§ 7.24;
• The name and address (except
when branded or burned in the
container) in accordance with § 7.25,
except as provided in § 7.22(b);
• The net contents (except when
blown, branded, or burned, in the
container) in accordance with § 7.27;
and
• The alcohol content in accordance
with § 7.71, for malt beverages that
contain any alcohol derived from added
flavors or other added nonbeverage
ingredients (other than hops extract)
containing alcohol.
In addition, § 7.22(b) lists mandatory
label information that must appear on
either the brand label or on a separate
label (front or back).
World Wine Trade Group Agreement
The World Wine Trade Group
(WWTG) is a six-member informal
group composed of both government
officials and industry representatives
from Argentina, Australia, Canada,
Chile, New Zealand, and the United
States. The WWTG was formed to
discuss and address issues relating to
international wine trade, including
reducing and preventing non-tariff
barriers to wine trade.
An inter-agency team composed of
representatives from, among others,
TTB, the Food and Drug
Administration, and the Departments of
Commerce, State, and Agriculture,
represents the U.S. Government during
WWTG discussions. The Office of the
U.S. Trade Representative heads the
inter-agency team.
The WWTG recently concluded
negotiations on a wine labeling
agreement intended to facilitate further
wine trade among members. The WWTG
Agreement on Requirements for Wine
Labelling, hereinafter referred to as the
‘‘Agreement,’’ was initialed on
September 20, 2006, and was signed in
Canberra, Australia, on January 23,
2007. A full copy of the Agreement can
be viewed at https://www.ita.doc.gov/td/
ocg/WWTGwine%20Labelling%20Agreement.pdf.
These negotiations proceeded from the
view that common labeling
requirements would provide industry
members with the opportunity to use
the same label when shipping wine to
each of the WWTG member countries.
In the course of the negotiations, it
was recognized that certain items of
information are considered mandatory
by most members. Referred to as
‘‘Common Mandatory Information’’ in
the WWTG Agreement (hereinafter
CMI), these four items are country of
origin, alcohol content (by percentage of
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volume), net contents, and product
name. The negotiated Agreement also
incorporates the ‘‘Single Field of
Vision’’ concept for the placement of the
CMI. A ‘‘Single Field of Vision’’ is any
part of the surface of the container,
excluding its base and cap, that can be
seen without having to turn the
container. Under this approach, as long
as all four of the CMI elements are
visible at the same time, they will meet
the placement requirements (if any) of
each member country. According to the
terms of the Agreement, each country
must permit the CMI for an imported
wine to appear on any label anywhere
on the wine container (except the base
or cap), provided all four CMI items are
in a Single Field of Vision.
Conforming TTB Regulations to the
WWTG Agreement
The United States will not be in
compliance with the Agreement if the
TTB regulations are in conflict with the
CMI terms of the Agreement.
Accordingly, TTB has reviewed its
regulations to determine if any change
is necessary in order for the United
States to meet its obligation to permit
these four pieces of information to
appear in a single field of vision on
labels of imported wines, as outlined in
the Agreement. The TTB regulations do
not require the inclusion of the country
of origin on wine labels. This
requirement is contained in statutory
and regulatory provisions administered
by the U.S. Bureau of Customs and
Border Protection (CBP; see 19 U.S.C.
1304 and 19 CFR part 134). Consistent
with these requirements, the country of
origin may appear on any label affixed
to a container of imported wine. The
product name under the Agreement is
the word ‘‘wine’’ and the TTB
regulations contain no specific
requirements for, or restrictions on, the
use of ‘‘wine’’ alone on wine labels. As
already noted in this document, the TTB
regulations permit net contents to
appear on any label affixed to the
container. Thus, the only conflict that
the TTB wine label regulations have
with the CMI terms of the Agreement is
in the regulatory requirement for
alcohol content to appear on the brand
label.
Although the Agreement applies only
to imported wine, we note that the
provisions in the TTB regulations
described above that concern the
labeling of wine, distilled spirits, and
malt beverages all contain similar
provisions regarding the placement of
alcohol content on the brand label. TTB
considered the question of whether
allowing alcohol content to appear on a
label other than the brand label for all
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51733
three beverage groups would continue
to provide consumers with adequate
information regarding product identity
and quality, as required under the FAA
Act. In this regard, TTB notes that
consumers currently may have to look
beyond the brand label for alcohol
beverage product identity and quality
information. Specifically, under § 4.32,
the required FD&C Yellow No. 5
statement may appear on a brand label
or back label, the required declaration of
sulfites may appear on a front, back,
strip, or neck label, and the net contents
generally may appear on any label
affixed to the container. Under § 5.32,
the required FD&C Yellow No. 5
statement may appear on the brand label
or back label, the required declaration of
sulfites may appear on a strip label or
neck label in lieu of appearing on the
front or back label, and the net contents
may appear on the brand label or on a
back label in the case of distilled spirits
packaged in containers conforming to
the standards of fill prescribed in § 5.47
or § 5.47a. Under § 7.22, the required
FD&C Yellow No. 5 statement may
appear on the brand label or on a
separate label on the back or front.
We believe that it is preferable, to the
greatest extent possible, to have
consistency among the labeling
regulations for wine, distilled spirits,
and malt beverages. Accordingly, we are
proposing corresponding changes to all
of those provisions regarding alcohol
content statements on brand labels.
In this document, we are proposing to
move the alcohol content requirements
from paragraph (a) of §§ 4.32, 5.32, and
7.22 (label information required to
appear on a brand label) to paragraph (b)
of each of those sections, which
prescribes in each case mandatory label
requirements for information that need
not appear on the brand label. The
change in § 4.32 will allow industry
members to apply the WWTG ‘‘Single
Field of Vision’’ concept concerning the
placement of CMI on labels. The
additional changes in §§ 5.32, and 7.22
will foster consistency in the labeling
requirements among all TTB-regulated
alcohol beverage products.
This proposal is limited to removing
the placement requirement for alcohol
content. All other formatting
requirements, such as type size and
legibility, would remain the same. As
previously noted, consumers are already
looking beyond the brand label for
product information. Moreover, the
proposed rule would provide industry
members with the flexibility to place
alcohol content on container labels in
close proximity to other consumer
information, such as sulfite and FD&C
Yellow No. 5 information.
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51734
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules
Finally, we note that alcohol beverage
industry members would not be
required to make any changes to their
current labels as a result of this
regulatory change because, under the
proposal, alcohol content information
could still be placed on the brand label.
The Agreement does not require that
U.S. wine producers or importers place
the four CMI elements in a Single Field
of Vision, only that each country accept
imported wines labeled in that way. The
Single Field of Vision concept is an
optional labeling format and the
proposed changes to our regulations
will accommodate those who wish to
label their wines in that manner.
Effect on Currently Approved Labels
Sections 4.40, 4.50, 5.51, 5.55, 7.31
and 7.41 of the TTB regulations (27 CFR
4.40, 4.50, 5.51, 5.55, 7.31 and 7.41)
generally require that regulated industry
members obtain a certificate of label
approval (COLA) from TTB prior to the
bottling or removal of domestic wines,
distilled spirits, or malt beverages, or
the release of imported wines, distilled
spirits, or malt beverages, in containers,
from customs custody for consumption.
No COLA is required for alcoholic
beverages labeled for export. It is the
position of TTB that, if the proposed
regulatory amendment is adopted as a
final rule, a new COLA would not be
required if the only change made to the
labels appearing on a previously issued
COLA is moving the alcohol content to
a label other than the brand label.
Public Participation
Comments Invited
We invite comments from interested
members of the public on this proposed
rulemaking.
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Submitting Comments
You may submit comments on this
notice by one of the following two
methods:
• Federal e-Rulemaking Portal: To
submit a comment on this notice using
the online Federal e-rulemaking portal,
visit https://www.regulations.gov. and
select ‘‘Alcohol and Tobacco Tax and
Trade Bureau’’ from the agency dropdown menu and click ‘‘Submit.’’ In the
resulting docket list, click the ‘‘Add
Comments’’ icon for the appropriate
Docket number and complete the
resulting comment form. You may
attach supplemental files to your
comment. More complete information
on using Regulations.gov., including
instructions for accessing open and
closed dockets and for submitting
comments, is available through the site’s
‘‘User Tips’’ link.
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15:47 Sep 10, 2007
Jkt 211001
• Mail: You may send written
comments to the Director, Regulations
and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O.
Box 14412, Washington, DC 20044–
4412.
Please submit your comments by the
closing date shown above in this notice.
Your comments must include this
notice number and your name and
mailing address. Your comments must
be legible and written in language
acceptable for public disclosure. We do
not acknowledge receipt of comments,
and we consider all comments as
originals.
If you are commenting on behalf of an
association, business, or other entity,
your comment must include the entity’s
name as well as your name and position
title. If you comment via https://
www.regulations.gov., please enter the
entity’s name in the ‘‘Organization’’
blank of the comment form. If you
comment via mail, please submit your
entity’s comment on letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Information Resource Center, 1310 G
Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents
per 8.5- x 11-inch page. Contact our
information specialist at the above
address or by telephone at 202–927–
2400 to schedule an appointment or to
request copies of comments or other
materials.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Paperwork Reduction Act
Public Disclosure
On the Federal e-rulemaking portal,
we will post, and you may view, copies
of this notice and any electronic or
mailed comments we receive about this
proposal. To view a posted document or
comment, go to https://
www.regulations.gov. and select
‘‘Alcohol and Tobacco Tax and Trade
Bureau’’ from the agency drop-down
menu and click ‘‘Submit.’’ In the
resulting docket list, click the
appropriate docket number, then click
the ‘‘View’’ icon for any document or
comment posted under that docket
number.
All submitted and posted comments
will display the commenter’s name,
organization (if any), city, and State,
and, in the case of mailed comments, all
address information, including e-mail
addresses. We may omit voluminous
attachments or material that we
consider unsuitable for posting.
You also may view copies of this
notice and any electronic or mailed
comments we receive about this
proposal by appointment at the TTB
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Regulatory Analysis and Notices
Executive Order 12866
We have determined that this
proposed rule is not a significant
regulatory action as defined in
Executive Order 12866. Therefore, a
regulatory assessment is not required.
Regulatory Flexibility Act
Pursuant to the requirements of the
Regulatory Flexibility Act (5 U.S.C.
chapter 6), we certify that this notice of
proposed rulemaking will not have a
significant economic impact on a
substantial number of small entities.
The propose rule will not impose, or
otherwise cause, a significant increase
in reporting, recordkeeping, or other
compliance burdens on a substantial
number of small entities. Accordingly, a
regulatory flexibility analysis is not
required.
The collection of information in this
rule has been previously approved by
the Office of Management and Budget
(OMB) under the title ‘‘Labeling and
Advertising Requirements Under the
Federal Alcohol Administration Act,’’
and assigned control number 1513–
0087. This proposed regulation would
not result in a substantive or material
change in the previously approved
collection action, since the nature of the
mandatory information that must appear
on labels affixed to the container
remains unchanged.
Drafting Information
Maria Mahone of the Knowledge
Management Staff drafted this
document.
List of Subjects
27 CFR Part 4
Advertising, Customs duties and
inspection, Imports, Labeling, Packaging
and containers, Reporting and
recordkeeping requirements, Trade
practices, Wine.
27 CFR Part 5
Advertising, Customs duties and
inspection, Imports, Labeling, Liquors,
Packaging and containers, Reporting
and recordkeeping requirements, Trade
practices.
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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules
27 CFR Part 7
Advertising, Beer, Customs duties and
inspection, Imports, Labeling, Reporting
and recordkeeping requirements, Trade
practices.
alcohol derived from added flavors or
other added nonbeverage ingredients
(other than hops extract) containing
alcohol.
*
*
*
*
*
Signed: January 8, 2007.
John J. Manfreda,
Administrator.
Approved: May 21, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
Amendment to the Regulations
For the reasons discussed in the
preamble, TTB proposes to amend 27
CFR, parts 4, 5, and 7, as follows:
PART 4—LABELING AND
ADVERTISING OF WINE
1. The authority citation for part 4
continues to read as follows:
Authority: 27 U.S.C. 205, unless otherwise
noted.
Editorial Note: This document was
received at the Office of the Federal Register
on September 6, 2007.
[FR Doc. E7–17909 Filed 9–10–07; 8:45 am]
2. In § 4.32:
a. Paragraph (a)(3) is removed and
reserved; and
b. A new paragraph (b)(3) is added to
read as follows:
§ 4.32
Mandatory label information.
*
*
*
*
(b) * * *
(3) Alcohol content, in accordance
with § 4.36.
*
*
*
*
*
BILLING CODE 4810–31–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
*
29 CFR Part 1910
[Docket No. H–010]
RIN 1218–AC17
PART 5—LABELING AND
ADVERTISING OF DISTILLED SPIRITS
Emergency Response and
Preparedness
3. The authority citation for part 5
continues to read as follows:
AGENCY:
Authority: 26 U.S.C. 5301, 7805, 27 U.S.C.
205.
4. In § 5.32:
a. Paragraph (a)(3) is removed and
reserved; and
b. Paragraph (b)(6) is added to read as
follows:
§ 5.32
Mandatory label information.
*
*
*
*
*
(b) * * *
(6) Alcohol content, in accordance
with § 5.37.
*
*
*
*
*
PART 7—LABELING AND
ADVERTISING OF MALT BEVERAGES
5. The authority citation for part 7
continues to read as follows:
Authority: 27 U.S.C. 205.
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6. In § 7.22:
a. Paragraph (a)(5) is removed and
reserved; and
b. Paragraph (b)(3) is revised to read
as follows:
§ 7.22
Mandatory label information.
*
*
*
*
*
(b) * * *
(3) Alcohol content, in accordance
with § 7.71, when required by State law
or for malt beverages that contain any
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Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Request for information.
SUMMARY: Elements of emergency
responder health and safety are
currently regulated by OSHA primarily
under the following standards: The
Hazardous Waste Operations and
Emergency Response Standard; the
personal protective equipment general
requirements standard; the respiratory
protection standard; the permit-required
confined space standard; the fire brigade
standard; and the bloodborne pathogens
standard. Some of these standards were
promulgated decades ago, and none was
designed as a comprehensive emergency
response standard. Consequently, they
do not address the full range of hazards
or concerns currently facing emergency
responders, nor do they reflect major
changes in performance specifications
for protective clothing and equipment.
Current OSHA standards also do not
reflect all the major improvements in
safety and health practices that have
already been accepted by the emergency
response community and incorporated
into industry consensus standards.
OSHA is requesting information and
comment from the public to evaluate
what action, if any, the Agency should
take to further address emergency
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51735
response and preparedness. The Agency
will be considering emergency response
and preparedness at common
emergencies (e.g., fires or emergency
medical and other rescue situations), as
well as large scale emergencies (e.g.,
natural and intentional disasters).
OSHA’s areas of interest are primarily:
personal protective equipment; training
and qualifications; medical evaluation
and health monitoring; and safety
management. The agency will also be
evaluating the types of personnel who
would constitute either emergency
responders or skilled support employees
at such events, as well as the range of
activities that might constitute
emergency response and preparedness.
DATES: Comments must be submitted by
the following dates:
Hard copy: Your comments must be
submitted (postmarked or sent) by
December 10, 2007.
Facsimile and electronic
transmission: Your comments must be
sent by December 10, 2007.
ADDRESSES: You may submit comments,
requests for hearings and additional
materials by any of the following
methods:
Electronically: You may submit
comments, requests for hearings, and
attachments electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions on-line for making
electronic submissions.
Fax: If your submissions, including
attachments, are not longer than 10
pages, you may fax them to the OSHA
Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger or courier service: You must
submit three copies of your comments,
requests for hearings and attachments to
the OSHA Docket Office, Docket No. S–
023B, U.S. Department of Labor, Room
N–2625, 200 Constitution Avenue, NW.,
Washington, DC 20210. Deliveries
(hand, express mail, messenger and
courier service) are accepted during the
Department of Labor’s and Docket
Office’s normal business hours, 8:15
a.m.–4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and the OSHA
docket number for this rulemaking
(OSHA Docket No. S–023B).
Submissions, including any personal
information you provide, are placed in
the public docket without change and
may be made available online at
https://www.regulations.gov.
Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
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]]>Agencies
[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Proposed Rules]
[Pages 51732-51735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17909]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Parts 4, 5, and 7
[Notice No. 74]
RIN 1513-AB36
Modification of Mandatory Label Information for Wine, Distilled
Spirits, and Malt Beverages
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking; solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: In this notice, the Alcohol and Tobacco Tax and Trade Bureau
(TTB) proposes to amend its regulations regarding the mandatory
labeling requirements for alcoholic beverages. The proposed regulatory
changes would permit alcohol content to appear on other labels affixed
to the container rather than on the brand label as currently required.
These regulatory changes will provide greater flexibility in alcoholic
beverage labeling, and will conform the TTB wine labeling regulations
to the recent agreement reached by members of the World Wine Trade
Group regarding the presentation of certain information on wine labels.
DATES: Comments must be received on or before November 13, 2007.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
https://www.regulations.gov (Federal e-rulemaking portal;
follow the instructions for submitting comments); or
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this notice and any comments we receive
about this proposal at https://www.regulations.gov. You also may view
copies of this notice and any comments we receive about this proposal
by appointment at the TTB Information Resource Center, 1310 G Street,
NW., Washington, DC 20220. To make an appointment, call 202-927-2400.
FOR FURTHER INFORMATION CONTACT: Mari A. Kirrane, Wine Trade and
Technical Advisor, Alcohol and Tobacco Tax and Trade Bureau, 221 Main
Street, Suite 1340, San Francisco, CA 94105; telephone (415) 625-5793.
SUPPLEMENTARY INFORMATION:
Background
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the
regulations promulgated under the FAA Act.
Current TTB Mandatory Brand Labeling Requirements for Wine
Part 4 of the TTB regulations (27 CFR part 4) sets forth the
requirements for labeling and advertising wine promulgated under the
FAA Act. Section 4.10 (27 CFR 4.10) defines a brand label as the label
carrying, in the usual distinctive design, the brand name of the wine.
Section 4.32 (27 CFR 4.32) prescribes mandatory label information.
Section 4.32(a) requires a statement of the following on the brand
label:
The brand name, in accordance with Sec. 4.33;
The class, type, or other designation, in accordance with
Sec. 4.34;
The alcohol content, in accordance with Sec. 4.36; and
On blends consisting of American and foreign wines, if any
reference is made to the presence of foreign wine, the exact percentage
by volume.
In addition, Sec. 4.32(b) lists other mandatory label information,
which may appear on any label affixed to the container.
Current TTB Mandatory Brand Labeling Requirements for Distilled Spirits
Part 5 of the TTB regulations (27 CFR part 5) sets forth the
requirements for labeling and advertising distilled spirits promulgated
under the FAA Act. Section 5.11 (27 CFR 5.11) defines a brand label as
the principal display panel that is most likely to be displayed,
presented, shown, or examined under normal and customary conditions of
display for retail sale, and any other label appearing on the same side
of the bottle as the principal display panel. The principal display
panel appearing on a cylindrical surface is that 40 percent of the
circumference which is most likely to be displayed, presented, shown,
or examined under normal and customary conditions of display for retail
sale. Section 5.32 (27 CFR 5.32) prescribes mandatory label
information. Section 5.32(a) requires a statement of the following on
the brand label:
The brand name;
The class and type, in accordance with Sec. 5.35; and
The alcohol content, in accordance with Sec. 5.37.
In addition, Sec. 5.32(b) lists the mandatory label information
that must appear on either the brand label or the back label, including
net contents and the country of origin of imported spirits.
Current TTB Mandatory Brand Labeling Requirements for Malt Beverages
Part 7 of the TTB regulations (27 CFR part 7) sets forth the
requirements for labeling and advertising malt beverages promulgated
under the FAA Act. Section 7.10 (27 CFR 7.10) defines a brand label as
the label carrying, in the usual distinctive design, the brand name of
the malt beverage. Section 7.22 (27 CFR 7.22) prescribes mandatory
label information. Section 7.22(a) requires a statement of the
following on the brand label:
The brand name, in accordance with Sec. 7.23;
[[Page 51733]]
The class, in accordance with Sec. 7.24;
The name and address (except when branded or burned in the
container) in accordance with Sec. 7.25, except as provided in Sec.
7.22(b);
The net contents (except when blown, branded, or burned,
in the container) in accordance with Sec. 7.27; and
The alcohol content in accordance with Sec. 7.71, for
malt beverages that contain any alcohol derived from added flavors or
other added nonbeverage ingredients (other than hops extract)
containing alcohol.
In addition, Sec. 7.22(b) lists mandatory label information that
must appear on either the brand label or on a separate label (front or
back).
World Wine Trade Group Agreement
The World Wine Trade Group (WWTG) is a six-member informal group
composed of both government officials and industry representatives from
Argentina, Australia, Canada, Chile, New Zealand, and the United
States. The WWTG was formed to discuss and address issues relating to
international wine trade, including reducing and preventing non-tariff
barriers to wine trade.
An inter-agency team composed of representatives from, among
others, TTB, the Food and Drug Administration, and the Departments of
Commerce, State, and Agriculture, represents the U.S. Government during
WWTG discussions. The Office of the U.S. Trade Representative heads the
inter-agency team.
The WWTG recently concluded negotiations on a wine labeling
agreement intended to facilitate further wine trade among members. The
WWTG Agreement on Requirements for Wine Labelling, hereinafter referred
to as the ``Agreement,'' was initialed on September 20, 2006, and was
signed in Canberra, Australia, on January 23, 2007. A full copy of the
Agreement can be viewed at https://www.ita.doc.gov/td/ocg/WWTG-
wine%20Labelling%20Agreement.pdf. These negotiations proceeded from the
view that common labeling requirements would provide industry members
with the opportunity to use the same label when shipping wine to each
of the WWTG member countries.
In the course of the negotiations, it was recognized that certain
items of information are considered mandatory by most members. Referred
to as ``Common Mandatory Information'' in the WWTG Agreement
(hereinafter CMI), these four items are country of origin, alcohol
content (by percentage of volume), net contents, and product name. The
negotiated Agreement also incorporates the ``Single Field of Vision''
concept for the placement of the CMI. A ``Single Field of Vision'' is
any part of the surface of the container, excluding its base and cap,
that can be seen without having to turn the container. Under this
approach, as long as all four of the CMI elements are visible at the
same time, they will meet the placement requirements (if any) of each
member country. According to the terms of the Agreement, each country
must permit the CMI for an imported wine to appear on any label
anywhere on the wine container (except the base or cap), provided all
four CMI items are in a Single Field of Vision.
Conforming TTB Regulations to the WWTG Agreement
The United States will not be in compliance with the Agreement if
the TTB regulations are in conflict with the CMI terms of the
Agreement. Accordingly, TTB has reviewed its regulations to determine
if any change is necessary in order for the United States to meet its
obligation to permit these four pieces of information to appear in a
single field of vision on labels of imported wines, as outlined in the
Agreement. The TTB regulations do not require the inclusion of the
country of origin on wine labels. This requirement is contained in
statutory and regulatory provisions administered by the U.S. Bureau of
Customs and Border Protection (CBP; see 19 U.S.C. 1304 and 19 CFR part
134). Consistent with these requirements, the country of origin may
appear on any label affixed to a container of imported wine. The
product name under the Agreement is the word ``wine'' and the TTB
regulations contain no specific requirements for, or restrictions on,
the use of ``wine'' alone on wine labels. As already noted in this
document, the TTB regulations permit net contents to appear on any
label affixed to the container. Thus, the only conflict that the TTB
wine label regulations have with the CMI terms of the Agreement is in
the regulatory requirement for alcohol content to appear on the brand
label.
Although the Agreement applies only to imported wine, we note that
the provisions in the TTB regulations described above that concern the
labeling of wine, distilled spirits, and malt beverages all contain
similar provisions regarding the placement of alcohol content on the
brand label. TTB considered the question of whether allowing alcohol
content to appear on a label other than the brand label for all three
beverage groups would continue to provide consumers with adequate
information regarding product identity and quality, as required under
the FAA Act. In this regard, TTB notes that consumers currently may
have to look beyond the brand label for alcohol beverage product
identity and quality information. Specifically, under Sec. 4.32, the
required FD&C Yellow No. 5 statement may appear on a brand label or
back label, the required declaration of sulfites may appear on a front,
back, strip, or neck label, and the net contents generally may appear
on any label affixed to the container. Under Sec. 5.32, the required
FD&C Yellow No. 5 statement may appear on the brand label or back
label, the required declaration of sulfites may appear on a strip label
or neck label in lieu of appearing on the front or back label, and the
net contents may appear on the brand label or on a back label in the
case of distilled spirits packaged in containers conforming to the
standards of fill prescribed in Sec. 5.47 or Sec. 5.47a. Under Sec.
7.22, the required FD&C Yellow No. 5 statement may appear on the brand
label or on a separate label on the back or front.
We believe that it is preferable, to the greatest extent possible,
to have consistency among the labeling regulations for wine, distilled
spirits, and malt beverages. Accordingly, we are proposing
corresponding changes to all of those provisions regarding alcohol
content statements on brand labels.
In this document, we are proposing to move the alcohol content
requirements from paragraph (a) of Sec. Sec. 4.32, 5.32, and 7.22
(label information required to appear on a brand label) to paragraph
(b) of each of those sections, which prescribes in each case mandatory
label requirements for information that need not appear on the brand
label. The change in Sec. 4.32 will allow industry members to apply
the WWTG ``Single Field of Vision'' concept concerning the placement of
CMI on labels. The additional changes in Sec. Sec. 5.32, and 7.22 will
foster consistency in the labeling requirements among all TTB-regulated
alcohol beverage products.
This proposal is limited to removing the placement requirement for
alcohol content. All other formatting requirements, such as type size
and legibility, would remain the same. As previously noted, consumers
are already looking beyond the brand label for product information.
Moreover, the proposed rule would provide industry members with the
flexibility to place alcohol content on container labels in close
proximity to other consumer information, such as sulfite and FD&C
Yellow No. 5 information.
[[Page 51734]]
Finally, we note that alcohol beverage industry members would not
be required to make any changes to their current labels as a result of
this regulatory change because, under the proposal, alcohol content
information could still be placed on the brand label. The Agreement
does not require that U.S. wine producers or importers place the four
CMI elements in a Single Field of Vision, only that each country accept
imported wines labeled in that way. The Single Field of Vision concept
is an optional labeling format and the proposed changes to our
regulations will accommodate those who wish to label their wines in
that manner.
Effect on Currently Approved Labels
Sections 4.40, 4.50, 5.51, 5.55, 7.31 and 7.41 of the TTB
regulations (27 CFR 4.40, 4.50, 5.51, 5.55, 7.31 and 7.41) generally
require that regulated industry members obtain a certificate of label
approval (COLA) from TTB prior to the bottling or removal of domestic
wines, distilled spirits, or malt beverages, or the release of imported
wines, distilled spirits, or malt beverages, in containers, from
customs custody for consumption. No COLA is required for alcoholic
beverages labeled for export. It is the position of TTB that, if the
proposed regulatory amendment is adopted as a final rule, a new COLA
would not be required if the only change made to the labels appearing
on a previously issued COLA is moving the alcohol content to a label
other than the brand label.
Public Participation
Comments Invited
We invite comments from interested members of the public on this
proposed rulemaking.
Submitting Comments
You may submit comments on this notice by one of the following two
methods:
Federal e-Rulemaking Portal: To submit a comment on this
notice using the online Federal e-rulemaking portal, visit https://
www.regulations.gov. and select ``Alcohol and Tobacco Tax and Trade
Bureau'' from the agency drop-down menu and click ``Submit.'' In the
resulting docket list, click the ``Add Comments'' icon for the
appropriate Docket number and complete the resulting comment form. You
may attach supplemental files to your comment. More complete
information on using Regulations.gov., including instructions for
accessing open and closed dockets and for submitting comments, is
available through the site's ``User Tips'' link.
Mail: You may send written comments to the Director,
Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade
Bureau, P.O. Box 14412, Washington, DC 20044-4412.
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals.
If you are commenting on behalf of an association, business, or
other entity, your comment must include the entity's name as well as
your name and position title. If you comment via https://
www.regulations.gov., please enter the entity's name in the
``Organization'' blank of the comment form. If you comment via mail,
please submit your entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
On the Federal e-rulemaking portal, we will post, and you may view,
copies of this notice and any electronic or mailed comments we receive
about this proposal. To view a posted document or comment, go to http:/
/www.regulations.gov. and select ``Alcohol and Tobacco Tax and Trade
Bureau'' from the agency drop-down menu and click ``Submit.'' In the
resulting docket list, click the appropriate docket number, then click
the ``View'' icon for any document or comment posted under that docket
number.
All submitted and posted comments will display the commenter's
name, organization (if any), city, and State, and, in the case of
mailed comments, all address information, including e-mail addresses.
We may omit voluminous attachments or material that we consider
unsuitable for posting.
You also may view copies of this notice and any electronic or
mailed comments we receive about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street, NW., Washington, DC
20220. You may also obtain copies at 20 cents per 8.5- x 11-inch page.
Contact our information specialist at the above address or by telephone
at 202-927-2400 to schedule an appointment or to request copies of
comments or other materials.
Regulatory Analysis and Notices
Executive Order 12866
We have determined that this proposed rule is not a significant
regulatory action as defined in Executive Order 12866. Therefore, a
regulatory assessment is not required.
Regulatory Flexibility Act
Pursuant to the requirements of the Regulatory Flexibility Act (5
U.S.C. chapter 6), we certify that this notice of proposed rulemaking
will not have a significant economic impact on a substantial number of
small entities. The propose rule will not impose, or otherwise cause, a
significant increase in reporting, recordkeeping, or other compliance
burdens on a substantial number of small entities. Accordingly, a
regulatory flexibility analysis is not required.
Paperwork Reduction Act
The collection of information in this rule has been previously
approved by the Office of Management and Budget (OMB) under the title
``Labeling and Advertising Requirements Under the Federal Alcohol
Administration Act,'' and assigned control number 1513-0087. This
proposed regulation would not result in a substantive or material
change in the previously approved collection action, since the nature
of the mandatory information that must appear on labels affixed to the
container remains unchanged.
Drafting Information
Maria Mahone of the Knowledge Management Staff drafted this
document.
List of Subjects
27 CFR Part 4
Advertising, Customs duties and inspection, Imports, Labeling,
Packaging and containers, Reporting and recordkeeping requirements,
Trade practices, Wine.
27 CFR Part 5
Advertising, Customs duties and inspection, Imports, Labeling,
Liquors, Packaging and containers, Reporting and recordkeeping
requirements, Trade practices.
[[Page 51735]]
27 CFR Part 7
Advertising, Beer, Customs duties and inspection, Imports,
Labeling, Reporting and recordkeeping requirements, Trade practices.
Amendment to the Regulations
For the reasons discussed in the preamble, TTB proposes to amend 27
CFR, parts 4, 5, and 7, as follows:
PART 4--LABELING AND ADVERTISING OF WINE
1. The authority citation for part 4 continues to read as follows:
Authority: 27 U.S.C. 205, unless otherwise noted.
2. In Sec. 4.32:
a. Paragraph (a)(3) is removed and reserved; and
b. A new paragraph (b)(3) is added to read as follows:
Sec. 4.32 Mandatory label information.
* * * * *
(b) * * *
(3) Alcohol content, in accordance with Sec. 4.36.
* * * * *
PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRITS
3. The authority citation for part 5 continues to read as follows:
Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 205.
4. In Sec. 5.32:
a. Paragraph (a)(3) is removed and reserved; and
b. Paragraph (b)(6) is added to read as follows:
Sec. 5.32 Mandatory label information.
* * * * *
(b) * * *
(6) Alcohol content, in accordance with Sec. 5.37.
* * * * *
PART 7--LABELING AND ADVERTISING OF MALT BEVERAGES
5. The authority citation for part 7 continues to read as follows:
Authority: 27 U.S.C. 205.
6. In Sec. 7.22:
a. Paragraph (a)(5) is removed and reserved; and
b. Paragraph (b)(3) is revised to read as follows:
Sec. 7.22 Mandatory label information.
* * * * *
(b) * * *
(3) Alcohol content, in accordance with Sec. 7.71, when required
by State law or for malt beverages that contain any alcohol derived
from added flavors or other added nonbeverage ingredients (other than
hops extract) containing alcohol.
* * * * *
Signed: January 8, 2007.
John J. Manfreda,
Administrator.
Approved: May 21, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
Editorial Note: This document was received at the Office of the
Federal Register on September 6, 2007.
[FR Doc. E7-17909 Filed 9-10-07; 8:45 am]
BILLING CODE 4810-31-P
