[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR4.22]

[Page 20-21]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 4_LABELING AND ADVERTISING OF WINE--Table of Contents
 
                Subpart C_Standards of Identity for Wine
 
Sec. 4.22  Blends, cellar treatment, alteration of class or type.

    (a) If the class or type of any wine shall be altered, and if the 
product as so altered does not fall within any other class or type 
either specified in Sec. Sec. 4.20 through 4.25 or known to the trade, 
then such wine shall, unless otherwise specified in this section, be 
designated with a truthful and adequate statement of composition in 
accordance with Sec. 4.34.
    (b) Alteration of class or type shall be deemed to result from any 
of the following occurring before, during, or after production.
    (1) Treatment of any class or type of wine with substances foreign 
to such wine which remain therein: Provided, That the presence in 
finished wine of not more than 350 parts per million of total sulfur 
dioxide, or sulphites expressed as sulfur dioxide, shall not be 
precluded under this paragraph.
    (2) Treatment of any class or type of wine with substances not 
foreign to such wine but which remain therein in larger quantities than 
are naturally and normally present in other wines of the same class or 
type not so treated.
    (3) Treatment of any class or type of wine with methods or materials 
of any kind to such an extent or in such manner as to affect the basic 
composition of the wine so treated by altering any of its characteristic 
elements.
    (4) Blending of wine of one class with wine of another class or the 
blending of wines of different types within the same class.
    (5) Treatment of any class or type of wine for which a standard of 
identity is prescribed in this subpart with sugar or water in excess of 
the quantities specifically authorized by such standards:
    Provided, That the class or type thereof shall not be deemed to be 
altered:
    (i) Where such wine (other than grape wine) is derived from fruit or 
other agricultural products having a high normal acidity, if the total 
solids content is not more than 22 grams per 100 cubic centimeters and 
the content of natural acid is not less than 7.69 grams per liter, and
    (ii) Where such wine is derived exclusively from fruit or other 
agricultural products the normal acidity of which is 20 parts or more 
per thousand, if the volume of the resulting product has been increased 
not more than 60 percent by the addition of sugar and water

[[Page 21]]

solution for the sole purpose of correcting natural deficiencies due to 
such acidity and (except in the case of such wine when produced from 
fruit or berries other than grapes) there is stated as part of the class 
and type designation the phrase ``Made with over 35 percent sugar 
solution.''
    (c) Nothing in this section shall preclude the treatment of wine of 
any class or type in the manner hereinafter specified, provided such 
treatment does not result in the alteration of the class or type of the 
wine under the provisions of paragraph (b) of this section.
    (1) Treatment with filtering equipment, and with fining or 
sterilizing agents.
    (2) Treatment with pasteurization as necessary to perfect the wines 
to commercial standards in accordance with acceptable cellar practice 
but only in such a manner and to such an extent as not to change the 
basic composition of the wine nor to eliminate any of its characteristic 
elements.
    (3) Treatment with refrigeration as necessary to perfect the wine to 
commercial standards in accordance with acceptable cellar practice but 
only in such a manner and to such an extent as not to change the basic 
composition of the wine nor to eliminate any of its characteristic 
elements.
    (4) Treatment with methods and materials to the minimum extent 
necessary to correct cloudiness, precipitation, or abnormal color, odor, 
or flavor developing in wine.
    (5) Treatment with constituents naturally present in the kind of 
fruit or other agricultural product from which the wine is produced for 
the purpose of correcting deficiencies of these constituents, but only 
to the extent that such constituents would be present in normal wines of 
the same class or type not so treated.
    (6) Treatment of any class or type of wine involving the use of 
volatile fruit-flavor concentrates in the manner provided in section 
5382 of the Internal Revenue Code.
    (7) Notwithstanding the provisions of Sec. 4.21(b) (1), (2) and 
(4), (c), (d)(4), (e)(5), and (f)(6) carbon dioxide may be used to 
maintain counterpressure during the transfer of finished sparkling wines 
from (i) bulk processing tanks to bottles, or (ii) bottle to bottle: 
Provided, That the carbon dioxide content of the wine shall not be 
increased by more than 0.009 gm. per 100 ml. during the transfer 
operation.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 6776, 29 FR 
16985, Dec. 11, 1964; T.D. 7185, 37 FR 7976, Apr. 22, 1972; T.D. ATF-
403, 64 FR 50253, Sept. 16, 1999; T.D. ATF-458, 66 FR 37578, July 19, 
2001; T.D. ATF-953, 68 FR 39455, July 2, 2003]