[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR4.35]

[Page 29-30]
 
            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 D_Labeling Requirements for Wine
 
Sec.  4.35  Name and address.

    (a) American wine--(1) Mandatory statement. A label on each 
container of American wine shall state either ``bottled by'' or ``packed 
by'' followed by the name of the bottler or packer and the address (in 
accordance with paragraph (c)) of the place where the wine was bottled 
or packed. Other words may also be stated in addition to the required 
words ``bottled by'' or ``packed by'' and the required name and address 
if the use of such words is in accordance with paragraph (a)(2) of this 
section.
    (2) Optional statements. (i) In addition to the statement required 
by paragraph (a)(1), the label may also state the name and address of 
any other person for whom the wine was bottled or packed, immediately 
preceded by the words ``bottled for'' or ``packed for'' or ``distributed 
by.''
    (ii) The words defined in paragraphs (a)(2)(iii)-(a)(2)(vi) may be 
used, in accordance with the definitions given, in addition to the name 
and address statement required by paragraph (a)(1). Use of these words 
may be conjoined, using the word ``and'', and with the words ``bottled 
by'' or ``packed by'' only if the same person performed the defined 
operation at the same address. More than one name is necessary if the 
defined operation was performed by a person other than the bottler or 
packer and more than one address statement is necessary if the defined 
operation was performed at a different address.
    (iii) Produced or Made means that the named winery:
    (A) Fermented not less than 75% of such wine at the stated address, 
or
    (B) Changed the class or type of the wine by addition of alcohol, 
brandy, flavors, colors, or artificial carbonation at the stated 
address, or

[[Page 30]]

    (C) Produced sparkling wine by secondary fermentation at the stated 
address.
    (iv) Blended means that the named winery mixed the wine with other 
wines of the same class and type at the stated address.
    (v) Cellared, Vinted or Prepared means that the named winery, at the 
stated address, subjected the wine to cellar treatment in accordance 
with Sec.  4.22(c).
    (b) Imported wine--(1) Mandatory statements. (i) A label on each 
container of imported wine shall state ``imported by'' or a similar 
appropriate phrase, followed immediately by the name of the importer, 
agent, sole distributor, or other person responsible for the 
importation, followed immediately by the address of the principal place 
of business in the United States of the named person.
    (ii) If the wine was bottled or packed in the United States, the 
label shall also state one of the following:
    (A) ``Bottled by'' or ``packed by'' followed by the name of the 
bottler or packer and the address (in accordance with paragraph (c)) of 
the place where the wine was bottled or packed; or
    (B) If the wine was bottled or packed for the person responsible for 
the importation, the words ``imported by and bottled (packed) in the 
United States for'' (or a similar appropriate phrase) followed by the 
name and address of the principal place of business in the United States 
of the person responsible for the importation; or
    (C) If the wine was bottled or packed by the person responsible for 
the importation, the words ``imported and bottled (packed) by'' followed 
by the name and address of the principal place of business in the United 
States of the person responsible for the importation.
    (iii) If the wine was blended, bottled or packed in a foreign 
country other than the country of origin, and the label identifies the 
country of origin, the label shall state ``blended by,'' ``bottled by,'' 
or ``packed by,'' or other appropriate statement, followed by the name 
of the blender, bottler or packer and the place where the wine was 
blended, bottled or packed.
    (2) Optional statements. In addition to the statements required by 
paragraph (b) (1), the label may also state the name and address of the 
principal place of business of the foreign producer. Other words, or 
their English-language equivalents, denoting winemaking operations may 
be used in accordance with the requirements of the country of origin, 
for wines sold within the country of origin.
    (c) Form of address. The ``place'' stated shall be the post office 
address shown on the basic permit or other qualifying document of the 
premises at which the operations took place; and there shall be shown 
the address for each operation which is designated on the label. An 
example of such use would be ``Produced at Gilroy, California, and 
bottled at San Mateo, California, by XYZ Winery,'' except that the 
street address may be omitted. No additional places or addresses shall 
be stated for the same person unless:
    (1) Such person is actively engaged in the conduct of an additional 
bona fide and actual alcoholic beverage business at such additional 
place or address, and
    (2) The label also contains in direct conjunction therewith, 
appropriate descriptive material indicating the function occurring at 
such additional place or address in connection with the particular 
product.
    (d) Trade or operating names. The trade or operating name of any 
person appearing upon any label shall be identical with a name appearing 
on the basic permit or other qualifying document.
    (e) The provisions of this section are optional until they become 
mandatory July 27, 1994.

[T.D. ATF-328, 57 FR 33114, July 27, 1992; 57 FR 37591, Aug. 19, 1992. 
Redesignated by T.D. ATF-953, 68 FR 39455, July 2, 2003]