[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: 27CFR5.32a]

[Page 59-60]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 5_LABELING AND ADVERTISING OF DISTILLED SPIRITS--Table of Contents
 
          Subpart D_Labeling Requirements for Distilled Spirits
 
Sec.  5.32a  Voluntary disclosure of major food allergens.

    (a) Definitions. For purposes of this section the following terms 
have the meanings indicated.
    (1) Major food allergen. Major food allergen means any of the 
following:
    (i) Milk, egg, fish (for example, bass, flounder, or cod), 
Crustacean shellfish (for example, crab, lobster, or shrimp), tree nuts 
(for example, almonds, pecans, or walnuts), wheat, peanuts, and 
soybeans; or
    (ii) A food ingredient that contains protein derived from a food 
specified in paragraph (a)(1)(i) of this section, except:
    (A) Any highly refined oil derived from a food specified in 
paragraph (a)(1)(i) of this section and any ingredient derived from such 
highly refined oil; or
    (B) A food ingredient that is exempt from major food allergen 
labeling requirements pursuant to a petition for exemption approved by 
the Food and Drug Administration (FDA) under 21 U.S.C. 343(w)(6) or 
pursuant to a notice submitted to FDA under 21 U.S.C. 343(w)(7), 
provided that the food ingredient meets the terms or conditions, if any, 
specified for that exemption.
    (2) Name of the food source from which each major food allergen is 
derived. Name of the food source from which each major food allergen is 
derived means the name of the food as listed in paragraph (a)(1)(i) of 
this section, except that:
    (i) In the case of a tree nut, it means the name of the specific 
type of nut (for example, almonds, pecans, or walnuts);
    (ii) In the case of Crustacean shellfish, it means the name of the 
species of Crustacean shellfish (for example, crab, lobster, or shrimp); 
and
    (iii) The names ``egg'' and ``peanuts'', as well as the names of the 
different types of tree nuts, may be expressed in either the singular or 
plural form, and the term ``soy'', soybean'', or ``soya'' may be used 
instead of ``soybeans''.
    (b) Voluntary labeling standards. Major food allergens (defined in 
paragraph (a)(1) of this section) used in the production of a distilled 
spirit product may, on a voluntary basis, be declared on any label 
affixed to the container.

[[Page 60]]

However, if any one major food allergen is voluntarily declared, all 
major food allergens used in production of the distilled spirit product, 
including major food allergens used as fining or processing agents, must 
be declared, except when covered by a petition for exemption approved by 
the appropriate TTB officer under Sec.  5.32b. The major food allergens 
declaration must consist of the word ``Contains'' followed by a colon 
and the name of the food source from which each major food allergen is 
derived (for example, ``Contains: egg'').
    (c) Cross reference. For mandatory labeling requirements applicable 
to distilled spirits products containing FD&C Yellow No. 5 and sulfites, 
see Sec. Sec.  5.32(b)(5) and (7).

[T.D. TTB-53, 71 FR 42268, July 26, 2006]