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					federalregulations
          codeof
                     Alcohol, Tobacco
                     Products and
                     Firearms




                     27
                     PARTS 1 TO 199
                     Revised as of April 1, 1999

                     CONTAINING
                     A CODIFICATION OF DOCUMENTS
                     OF GENERAL APPLICABILITY
                     AND FUTURE EFFECT

                     AS OF APRIL 1, 1999

                     With Ancillaries

                     Published by
                     the Office of the Federal Register
                     National Archives and Records
                     Administration

                     as a Special Edition of
                     the Federal Register




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                      Table of Contents
                                                                                                               Page
Explanation ................................................................................................     v



Title 27:


          Chapter I—Bureau of Alcohol, Tobacco and Firearms, Department
            of the Treasury ............................................................................          3


Finding Aids:


      Material Approved for Incorporation by Reference ............................                            1053


      Table of CFR Titles and Chapters .......................................................                 1055


      Alphabetical List of Agencies Appearing in the CFR .........................                             1073


      Redesignation Table ............................................................................         1083


      List of CFR Sections Affected .............................................................              1085




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Cite this Code: CFR

To cite the regulations in
 this volume use title,
 part and section num-
 ber. Thus, 27 CFR 1.1
 refers to title 27, part 1,
 section 1.




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                                           Explanation
   The Code of Federal Regulations is a codification of the general and permanent
rules published in the Federal Register by the Executive departments and agen-
cies of the Federal Government. The Code is divided into 50 titles which represent
broad areas subject to Federal regulation. Each title is divided into chapters
which usually bear the name of the issuing agency. Each chapter is further sub-
divided into parts covering specific regulatory areas.
   Each volume of the Code is revised at least once each calendar year and issued
on a quarterly basis approximately as follows:
     Title 1 through Title 16..............................................................as of January 1
     Title 17 through Title 27 .................................................................as of April 1
     Title 28 through Title 41 ..................................................................as of July 1
     Title 42 through Title 50 .............................................................as of October 1
   The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
   The contents of the Federal Register are required to be judicially noticed (44
U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text
of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
   The Code of Federal Regulations is kept up to date by the individual issues
of the Federal Register. These two publications must be used together to deter-
mine the latest version of any given rule.
   To determine whether a Code volume has been amended since its revision date
(in this case, April 1, 1999), consult the ‘‘List of CFR Sections Affected (LSA),’’
which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which
appears in the Reader Aids section of the daily Federal Register. These two lists
will identify the Federal Register page number of the latest amendment of any
given rule.
EFFECTIVE AND EXPIRATION DATES
   Each volume of the Code contains amendments published in the Federal Reg-
ister since the last revision of that volume of the Code. Source citations for
the regulations are referred to by volume number and page number of the Federal
Register and date of publication. Publication dates and effective dates are usu-
ally not the same and care must be exercised by the user in determining the
actual effective date. In instances where the effective date is beyond the cut-
off date for the Code a note has been inserted to reflect the future effective
date. In those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be inserted following
the text.
OMB CONTROL NUMBERS
  The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies
to display an OMB control number with their information collection request.

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Many agencies have begun publishing numerous OMB control numbers as amend-
ments to existing regulations in the CFR. These OMB numbers are placed as
close as possible to the applicable recordkeeping or reporting requirements.
OBSOLETE PROVISIONS
   Provisions that become obsolete before the revision date stated on the cover
of each volume are not carried. Code users may find the text of provisions in
effect on a given date in the past by using the appropriate numerical list of
sections affected. For the period before January 1, 1986, consult either the List
of CFR Sections Affected, 1949–1963, 1964–1972, or 1973–1985, published in seven sep-
arate volumes. For the period beginning January 1, 1986, a ‘‘List of CFR Sections
Affected’’ is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
   What is incorporation by reference? Incorporation by reference was established
by statute and allows Federal agencies to meet the requirement to publish regu-
lations in the Federal Register by referring to materials already published else-
where. For an incorporation to be valid, the Director of the Federal Register
must approve it. The legal effect of incorporation by reference is that the mate-
rial is treated as if it were published in full in the Federal Register (5 U.S.C.
552(a)). This material, like any other properly issued regulation, has the force
of law.
   What is a proper incorporation by reference? The Director of the Federal Register
will approve an incorporation by reference only when the requirements of 1 CFR
part 51 are met. Some of the elements on which approval is based are:
   (a) The incorporation will substantially reduce the volume of material pub-
lished in the Federal Register.
   (b) The matter incorporated is in fact available to the extent necessary to
afford fairness and uniformity in the administrative process.
   (c) The incorporating document is drafted and submitted for publication in
accordance with 1 CFR part 51.
   Properly approved incorporations by reference in this volume are listed in the
Finding Aids at the end of this volume.
   What if the material incorporated by reference cannot be found? If you have any
problem locating or obtaining a copy of material listed in the Finding Aids of
this volume as an approved incorporation by reference, please contact the agency
that issued the regulation containing that incorporation. If, after contacting the
agency, you find the material is not available, please notify the Director of the
Federal Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523–4534.
CFR INDEXES AND TABULAR GUIDES
   A subject index to the Code of Federal Regulations is contained in a separate
volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.
This volume contains the Parallel Table of Statutory Authorities and Agency
Rules (Table I), and Acts Requiring Publication in the Federal Register (Table
II). A list of CFR titles, chapters, and parts and an alphabetical list of agencies
publishing in the CFR are also included in this volume.
   An index to the text of ‘‘Title 3—The President’’ is carried within that volume.
   The Federal Register Index is issued monthly in cumulative form. This index
is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg-
ister.

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  A List of CFR Sections Affected (LSA) is published monthly, keyed to the
revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
  There are no restrictions on the republication of material appearing in the
Code of Federal Regulations.
INQUIRIES
  For a legal interpretation or explanation of any regulation in this volume,
contact the issuing agency. The issuing agency’s name appears at the top of
odd–numbered pages.
  For inquiries concerning CFR reference assistance, call 202–523–5227 or write
to the Director, Office of the Federal Register, National Archives and Records
Administration, Washington, DC 20408.
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ELECTRONIC SERVICES
   The full text of the Code of Federal Regulations, the LSA (List of CFR Sections
Affected), The United States Government Manual, the Federal Register, Public
Laws, Weekly Compilation of Presidential Documents and the Privacy Act Com-
pilation are available in electronic format at www.access.gpo.gov/nara (‘‘GPO Ac-
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   The Office of the Federal Register also offers a free service on the National
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to GPO Access.

                                                     RAYMOND A. MOSLEY,
                                                                      Director,
                                                   Office of the Federal Register.
  April 1, 1999.




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                                 THIS TITLE

   Title 27—ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS is composed of two vol-
umes, parts 1–199 and part 200 to end. The contents of these volumes represent
all current regulations issued by the Bureau of Alcohol, Tobacco and Firearms,
Department of the Treasury as of April 1, 1999.

  A redesignation table appears in the Finding Aids section of the volume con-
taining parts 1–199.

  For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Frances D. McDonald,
assisted by Alomha S. Morris.




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    Title 27—Alcohol,
 Tobacco Products and
          Firearms
                       (This book contains parts 1 to 199)




                                                                               Part

CHAPTER I—Bureau  of Alcohol, Tobacco and Firearms, De-
 partment of the Treasury ..................................................     1




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       CHAPTER I—BUREAU OF ALCOHOL,
    TOBACCO AND FIREARMS, DEPARTMENT OF
                            THE TREASURY


                          SUBCHAPTER A—LIQUORS

Part                                                                                    Page
1      Basic permit requirements under the Federal Alco-
         hol Administration Act, nonindustrial use of dis-
         tilled spirits and wine, bulk sales and bottling of
         distilled spirits .....................................................          6
4      Labeling and advertising of wine ............................                     13
5      Labeling and advertising of distilled spirits ...........                         45
6      ‘‘Tied-House’’ ..........................................................         73
7      Labeling and advertising of malt beverages ............                           83
8      Exclusive outlets .....................................................           96
9      American viticultural areas ....................................                  99
10     Commercial bribery ................................................              223
11     Consignment sales ...................................................            226
12     Foreign nongeneric names of geographic signifi-
         cance used in the designation of wines ................                        230
13     Labeling proceedings ...............................................             233
16     Alcoholic beverage health warning statement ........                             241
17     Drawback on taxpaid distilled spirits used in man-
         ufacturing nonbeverage products .........................                      244
18     Production of volatile fruit-flavor concentrate ......                           267
19     Distilled spirits plants ............................................            276
20     Distribution and use of denatured alcohol and rum                                414
21     Formulas for denatured alcohol and rum ................                          455
22     Distribution and use of tax-free alcohol .................                       483
24     Wine ........................................................................    508
25     Beer .........................................................................   595




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                                                             27 CFR Ch. I (4–1–99 Edition)

Part                                                                                       Page
30          Gauging manual ......................................................          644
                            SUBCHAPTER B [RESERVED]

                             SUBCHAPTER C—FIREARMS

47          Importation of arms, ammunition and implements
              of war ...................................................................   657
53          Manufacturers excise taxes—firearms and ammu-
              nition ...................................................................   669
55          Commerce in explosives ..........................................              730
                          SUBCHAPTERS D–E [RESERVED]

                SUBCHAPTER F—PROCEDURES AND PRACTICES

70          Procedure and administration ................................                  777
72          Disposition of seized personal property ..................                     909
                          SUBCHAPTERS G–L [RESERVED]

       SUBCHAPTER M—ALCOHOL, TOBACCO AND OTHER EXCISE TAXES

170         Miscellaneous regulations relating to liquor .......... 920
178         Commerce in firearms and ammunition ..................                    923
179         Machine guns, destructive devices, and certain
              other firearms ...................................................... 988
194         Liquor dealers ......................................................... 1015
198–199       [Reserved]

  Additional supplementary publications are issued covering individual parts of the Alcohol,
Tobacco and Firearms Regulations, the Tobacco Tax Guide, and Regulations Under Tax Conven-
tions.

CROSS REFERENCES:
  U.S. Customs Service, Department of the Treasury: See 19 CFR Chapter I.
  Federal Trade Commission: See 16 CFR Chapter I.
  Food and Drug Administration, Department of Health and Human Services: See 21 CFR
Chapter I.
  Foreign Trade Statistics, Bureau of the Census, Department of Commerce: See 15 CFR Part
30.
  Postal Service: See section 124 of the Domestic Mail Manual.
  Other regulations issued by the Department of the Treasury appear in title 26; 31 CFR chap-
ter I.



ABBREVIATIONS: The following abbreviations are used in this chapter:
   ATF=Alcohol, Tobacco and Firearms. T.D.=Treasury Decision.




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                              SUBCHAPTER A—LIQUORS

PART 1—BASIC PERMIT REQUIRE-                                              MISCELLANEOUS
  MENTS UNDER THE FEDERAL AL-                          1.55 Recalling permits for correction.
  COHOL ADMINISTRATION ACT,                            1.56 Oaths and affirmations.
                                                       1.57 Procedure.
  NONINDUSTRIAL USE OF DIS-                            1.58 Filing of permits.
  TILLED SPIRITS AND WINE, BULK                        1.59 Public information as to applications
  SALES AND BOTTLING OF DIS-                               acted upon.
  TILLED SPIRITS
                                                         Subpart D—Nonindustrial Use of Distilled
                Subpart A—Scope                                    Spirits and Wine

Sec.                                                             USES REGARDED AS INDUSTRIAL
1.1 General.                                           1.60     Use of distilled spirits.
1.2 Territorial extent.                                1.61     Use of wine.
1.3 Forms prescribed.                                  1.62     Use of distilled spirits or wine for ex-
                                                              perimental purposes and in manufacture
              Subpart B—Definitions                           of nonbeverage products.
1.4    Meaning of terms.                                        USES CLASSED AS NONINDUSTRIAL
            Subpart C—Basic Permits                    1.70    General.
                                                       1.71    Distilled spirits in containers of a ca-
                 WHEN REQUIRED                                pacity of one gallon or less.
1.20  Importers.
1.21  Domestic producers, rectifiers, blend-                  Subpart E—Bulk Sales and Bottling of
    ers, and warehousemen.                                              Distilled Spirits
1.22 Wholesalers.
                                                                   BULK SALES AND BOTTLING
1.23 State agencies.
                                                       1.80  Sales of distilled spirits in bulk.
       PERSONS ENTITLED TO BASIC PERMITS               1.81  Importation of distilled spirits in bulk.
1.24    Qualifications of applicants.                  1.82  Acquiring or receiving distilled spirits
                                                           in bulk for redistillation, processing, rec-
            APPLICATIONS FOR PERMITS                       tification, warehousing, or warehousing
                                                           and bottling.
1.25 General.
                                                       1.83 Acquiring or receiving distilled spirits
1.26 Incomplete or incorrectly executed ap-
                                                           in bulk for addition to wine.
    plications.
1.27 Change in ownership, management, or               1.84 Acquisition of distilled spirits in bulk
    control of the applicant.                              by Government agencies.
1.29 Individual plant or premises.                                    WAREHOUSE RECEIPTS
1.30 Power of attorney; Form 5000.8 (1534).
1.31 Denial of permit applications.                    1.90    Distilled spirits in bulk.
                                                       1.91    Bottled distilled spirits.
                  AUTHORIZATION
                                                       SALES OF DISTILLED SPIRITS FOR INDUSTRIAL
1.35    Authority to issue, amend, deny, sus-                             USE
       pend, revoke, or annul basic permits.
                                                       1.95    General.
AMENDMENT AND DURATION OF BASIC PERMITS
                                                         AUTHORITY: 27 U.S.C. 203, 204, 206, 211 unless
1.40 Change of name.                                   otherwise noted.
1.41 Change of address.
1.42 Change in ownership, management, or                 SOURCE: 61 FR 26098, May 24, 1996, unless
    control of business.                               otherwise noted.
1.43 Duration of permits.
1.44 Automatic termination of permits.                              Subpart A—Scope
 REVOCATION, SUSPENSION, OR ANNULMENT OF
                                                       § 1.1 General.
              BASIC PERMITS
                                                          (a) The regulations in this part relate
1.50     Revocation or suspension.
1.51     Annulment.                                    to     requirements     governing      the
1.52     Disposition of stocks of alcoholic bev-       issuance, amendment, denial, revoca-
       erages upon revocation, annulment, or           tion, suspension, automatic termi-
       automatic termination of basic permit.          nation, and annulment of basic permits

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                     § 1.4

and the duration of permits, except             an application for a basic permit under
that the provisions of part 200, Rules of       the Federal Alcohol Administration
Practice in Permit Proceedings, of this         Act.
chapter are hereby made applicable to             ATF officer. An officer or employee of
administrative proceedings with re-             the Bureau of Alcohol, Tobacco and
spect to the application for, and to the        Firearms (ATF) authorized to perform
suspension, revocation, or annulment            any function relating to the adminis-
of, basic permits under the Federal Al-         tration and enforcement of this part.
cohol Administration Act.                         Basic permit. A formal document
  (b) The regulations in this part also         issued under the Act in the form pre-
specify what uses of distilled spirits          scribed by the Director, authorizing
and wine are ‘‘nonindustrial,’’ as that         the person named therein to engage in
term is used in section 117 of the Fed-         the activities specified at the location
eral Alcohol Administration Act (27             stated.
U.S.C. 211). Finally, this part, in ac-           Brandy. Brandy or wine spirits for
cordance with section 106 of the Fed-           addition to wines as permitted by in-
eral Alcohol Administration Act (27             ternal revenue law.
U.S.C. 206), contains the substantive             Director. The Director, Bureau of Al-
requirements relative to bulk sales and         cohol, Tobacco and Firearms, the De-
bottling of distilled spirits under the         partment of the Treasury, Washington,
Federal Alcohol Administration Act,             DC.
including the terms of warehouse re-              Distilled spirits. Section 117(a) of the
ceipts for distilled spirits in bulk. No        Federal Alcohol Administration Act (27
procedural    requirements     are   pre-       U.S.C. 211(a)) defines ‘‘distilled spirits’’
scribed.                                        as ethyl alcohol, hydrated oxide of
                                                ethyl, spirits of wine, whiskey, rum,
§ 1.2 Territorial extent.
                                                brandy, gin, and other distilled spirits,
   The provisions of this part are appli-       including all dilutions and mixtures
cable to the several States of the              thereof for nonindustrial use.
United States, the District of Columbia           In bulk. Distilled spirits in containers
and Puerto Rico.                                having a capacity in excess of one wine
                                                gallon.
§ 1.3 Forms prescribed.
                                                  Other term. Any other term defined in
   (a) The Director is authorized to pre-       the Federal Alcohol Administration
scribe all forms required by this part.         Act and used in this part shall have the
All of the information called for in            same meaning assigned to it by the
each form shall be furnished as indi-           Act.
cated by the headings on the form and             Permittee. Any person holding a basic
the instructions on or pertaining to the        permit issued under the Federal Alco-
form. In addition, information called           hol Administration Act.
for in each form shall be furnished as            Person. Any individual, partnership,
required by this part.                          joint-stock company, business trust,
   (b) Requests for forms should be             association, corporation, or other form
mailed to the ATF Distribution Center,          of business enterprise, including a re-
PO Box 5950, Springfield, Virginia              ceiver, trustee, or liquidating agent.
22153–5950                                        Regional director (compliance). The
                                                principal ATF regional official respon-
       Subpart B—Definitions                    sible for administering regulations in
                                                this part.
§ 1.4 Meaning of terms.                           Resale at wholesale. A sale to any
   As used in this part, unless the con-        trade buyer.
text otherwise requires, terms shall              Trade buyer. Any person who is a
have the meaning ascribed in this part.         wholesaler or retailer of distilled spir-
   Act. The Federal Alcohol Administra-         its, wine, or malt beverages.
tion Act.                                         Wine. Section 117(a) of the Federal
   Alcohol. Ethyl alcohol distilled at or       Alcohol Administration Act (27 U.S.C.
above 190° proof.                               211(a)) defines ‘‘wine’’ as:
   Applicant. Any person who has filed            (a) Wine as defined in section 610 and
with the regional director (compliance)         section 617 of the Revenue Act of 1918

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§ 1.20                                                       27 CFR Ch. I (4–1–99 Edition)

(26 U.S.C. 5381–5392), as now in force or        tilled spirits, wine, or malt beverages;
hereafter amended, and                           or,
  (b) Other alcoholic beverages not so             (b) While so engaged, receive, sell,
defined, but made in the manner of               offer or deliver for sale, contract to
wine, including sparkling and carbon-            sell, or ship in interstate or foreign
ated wine, wine made from condensed              commerce, directly or indirectly or
grape must, wine made from other ag-             through an affiliate, distilled spirits,
ricultural products than the juice of            wine, or malt beverages so purchased.
sound, ripe grapes, imitation wine,
compounds sold as wine, vermouth,                § 1.23   State agencies.
cider, perry, and sake; in each in-                This subpart shall not apply to any
stance, only if containing not less than         agency of a State or political subdivi-
7 percent and not more than 24 percent           sion thereof or to any officer or em-
of alcohol by volume, and if for non-            ployee of any such agency, and no such
industrial use.                                  agency or officer or employee thereof
  Wine gallon. The liquid measure                shall be required to obtain a basic per-
equivalent to the volume of 231 cubic            mit under this subpart.
inches.
                                                  PERSONS ENTITLED TO BASIC PERMITS
     Subpart C—Basic Permits                     § 1.24   Qualifications of applicants.
            WHEN REQUIRED                          The application of any person shall
                                                 be granted and the permit issued by
§ 1.20 Importers.                                the regional director (compliance) if
  No person, except pursuant to a basic          the applicant proves to the satisfaction
permit issued under the Act, shall:              of the regional director (compliance)
  (a) Engage in the business of import-          that:
ing into the United States distilled               (a) Such person (or in case of a cor-
spirits, wine, or malt beverages; or             poration, any of its officers, directors,
                                                 or principal stockholders) has not,
  (b) While so engaged, sell, offer or de-
                                                 within 5 years prior to the date of ap-
liver for sale, contract to sell, or ship,
                                                 plication, been convicted of a felony
in interstate or foreign commerce, di-
                                                 under Federal or State law, and has
rectly or indirectly or through an affil-
                                                 not, within 3 years prior to date of ap-
iate, distilled spirits, wine, or malt
                                                 plication, been convicted of a mis-
beverages so imported.
                                                 demeanor under any Federal law relat-
§ 1.21 Domestic producers, rectifiers,           ing to liquor, including the taxation
     blenders, and warehousemen.                 thereof; and
                                                   (b) Such person, by reason of the per-
  No person, except pursuant to a basic          son’s business experience, financial
permit issued under the Act, shall:              standing or trade connections, is likely
  (a) Engage in the business of dis-             to commence operations as a distiller,
tilling distilled spirits, producing wine,       warehouseman and bottler, rectifier,
rectifying or blending distilled spirits         wine producer, wine blender, importer,
or wine, or bottling, or warehousing             or wholesaler, as the case may be,
and bottling, distilled spirits; or              within a reasonable period and to
  (b) While so engaged, sell, offer or de-       maintain such operations in con-
liver for sale, contract to sell, or ship,       formity with Federal law; and
in interstate or foreign commerce, di-             (c) The operations proposed to be
rectly or indirectly or through an affil-        conducted by such person are not in
iate, distilled spirits or wine so dis-          violation of the law of the State in
tilled, produced, rectified, blended, or         which they are to be conducted.
bottled, or warehoused and bottled.
                                                          APPLICATIONS FOR PERMITS
§ 1.22 Wholesalers.
  No person, except pursuant to a basic          § 1.25 General.
permit issued under the Act, shall:                 Applications for basic permits to en-
  (a) Engage in the business of pur-             gage in any of the operations set forth
chasing for resale at wholesale, dis-            in §§ 1.20 to 1.22 shall be made on the

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 1.40

appropriate form prescribed by the Di-          corporation’s bylaws or by its board of
rector, verified as required by § 1.56,         directors to sign such applications and
and shall be accompanied by such affi-          supporting documents, the applications
davits, documents, and other sup-               must be supported by a duly authenti-
porting data, as the Director or the re-        cated copy of the power of attorney
gional director (compliance) shall re-          conferring authority upon the person
quire. All data, written statements, af-        signing the documents to execute the
fidavits, documents, or other evidence          same. Such powers of attorney will be
submitted in support of the applica-            executed on Form 5000.8 (1534), in trip-
tion, or upon hearing thereon, shall be         licate, and submitted to the regional
deemed to be a part of the application.         director (compliance).
All applications shall be filed by mail-
ing or delivering the same to the office        (Approved by the Office of Management and
                                                Budget under control number 1512–0079)
of the regional director (compliance).
§ 1.26 Incomplete or incorrectly exe-           § 1.31   Denial of permit applications.
     cuted applications.                          If, upon examination of any applica-
   Incomplete or incorrectly executed           tion for a basic permit, the regional di-
applications will not be acted upon, but        rector (compliance) has reason to be-
the applicant shall be entitled to file a       lieve that the applicant is not entitled
new application without prejudice, or           to such a permit, the regional director
to complete the application already             (compliance)     shall    institute    pro-
filed.                                          ceedings for the denial of the applica-
                                                tion in accordance with the procedure
§ 1.27 Change in ownership, manage-             set forth in part 200 of this chapter.
     ment, or control of the applicant.
   In the event of any change in the                          AUTHORIZATION
ownership, management, or control of
the applicant (in case of a corporation,        § 1.35 Authority to issue, amend, deny,
any change in the officers, directors, or            suspend, revoke, or annul basic per-
                                                     mits.
persons holding more than 10 percent
of the corporate stock), after the date           The authority and power of issuing,
of filing of any application for a basic        amending, or denying basic permits, or
permit and prior to final action on             amendments thereof, is conferred upon
such application, the applicant shall           the Director and (except as to agency
notify the regional director (compli-           initiated curtailment) upon the re-
ance) immediately of such change.               gional director (compliance). The au-
                                                thority and power of suspending, re-
§ 1.29 Individual plant or premises.            voking, or annulling basic permits is
   An application for a basic permit            conferred upon the Director, and upon
must be filed, and permit issued, to            the administrative law judges referred
cover each individual plant or premises         to in part 200 of this chapter. The Di-
where any of the businesses specified in        rector, upon consideration of appeals
section 103 of the Act is engaged in,           on petitions for review, may order the
such application to be filed with and           regional director (compliance) to issue,
permit issued by the regional director          deny, suspend, revoke, or annul basic
(compliance) for the region wherein             permits.
such plant or premises is located.
                                                  AMENDMENT AND DURATION OF BASIC
§ 1.30 Power of attorney; Form 5000.8                        PERMITS
     (1534).
   If the application and other docu-           § 1.40   Change of name.
ments in support of such application              In the event of any change in the
are signed by an attorney in fact of an         name (trade or corporate name) of a
individual, partnership, association, or        permittee, or, in the event a permittee
corporation, or by one of the members           desires to engage in operations under
of a copartnership or association, or, in       an additional trade name, such per-
the case of a corporation by an officer         mittee must file application Form
or other person not authorized by the           5100.18 (1643), with the regional director

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§ 1.41                                                       27 CFR Ch. I (4–1–99 Edition)

(compliance), for an amended basic per-          quired, directly or indirectly whether
mit, which application must be ap-               by stock ownership or in any other
proved, and amended permit issued, be-           manner, by any person, then such per-
fore operations may be commenced                 mit shall be automatically terminated
under the new name.                              at the expiration of 30 days thereafter:
(Approved by the Office of Management and        Provided, That if within such 30-day
Budget under control number 1512–0090)           period application for a new basic per-
                                                 mit is made by the transferee or per-
§ 1.41 Change of address.                        mittee, respectively, then the out-
   In the event of a change in address           standing basic permit shall continue in
the permittee must file application              effect until such time as the applica-
Form 5100.18 (1643), with the regional           tion is finally acted upon.
director (compliance), for an amended
                                                      REVOCATION, SUSPENSION, OR
basic permit.
                                                      ANNULMENT OF BASIC PERMITS
§ 1.42 Change in ownership, manage-
     ment, or control of business.               § 1.50   Revocation or suspension.
   In the event of any change in the               Whenever the regional director (com-
ownership, management, or control of             pliance) has reason to believe that any
any business operated pursuant to a              permittee has willfully violated any of
basic permit (if the permittee is a cor-         the conditions of the permittee’s basic
poration, if any change occurs in the            permit or has not engaged in the oper-
officers, directors, or persons owning or        ations authorized by the permit for a
controlling more than 10 percent of the          period of more than two years, the re-
voting stock of said corporation) the            gional director (compliance) shall in-
permittee shall immediately notify the           stitute proceedings for the revocation
regional director (compliance) of such           or suspension of such permit, in ac-
change, giving the names and addresses           cordance with the procedure set forth
of all new persons participating in the          in part 200 of this chapter, which part
ownership, management, or control of             is made applicable to such proceedings.
such business, or in the case of a cor-
poration, the names and addresses of             § 1.51   Annulment.
such new officers, directors, or persons           Whenever the regional director (com-
owning or controlling more than 10               pliance) has reason to believe that any
percent of the voting stock. Notice to           basic permit was procured through
the regional director (compliance) of            fraud, or misrepresentation or conceal-
any such change shall be accompanied             ment of material fact, the regional di-
or supplemented by such data in ref-             rector (compliance) shall institute pro-
erence to the personal or business his-          ceedings for the annulment of such per-
tory of such persons as the regional di-         mit in accordance with the procedure
rector (compliance) may require.                 set forth in part 200 of this chapter,
                                                 which part is made applicable to such
§ 1.43 Duration of permits.                      proceedings.
   A basic permit shall continue in ef-
fect until suspended, revoked, an-               § 1.52 Disposition of stocks of alcoholic
nulled, voluntarily surrendered, or                   beverages upon revocation, annul-
automatically terminated, as provided                 ment, or automatic termination of
in the Act and in this part.                          basic permit.
                                                   In the event of the revocation or an-
§ 1.44 Automatic termination of per-             nulment of a basic permit, pursuant to
     mits.                                       part 200 of this chapter, or in the event
   No basic permit shall be leased, sold,        such permit is automatically termi-
or otherwise voluntarily transferred,            nated by operation of law (27 U.S.C.
and, in the event of such lease, sale, or        204(g) and § 1.44 of this part), the re-
other voluntary transfer, such basic             gional director (compliance) may au-
permit shall automatically terminate             thorize the orderly disposition of
thereupon. If any basic permit is trans-         stocks of distilled spirits, wines, or
ferred by operation of law or if actual          malt beverages then held by the per-
or legal control of the permittee is ac-         mittee or former permittee upon such

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 1.60

conditions as may be considered prop-              (a) The name, including trade name
er.                                              or names, if any, and the address of the
                                                 applicant; the kind of permit applied
            MISCELLANEOUS                        for and the location of the business;
                                                 whether the applicant is an individual,
§ 1.55 Recalling permits for correction.         a partnership or a corporation; if a
  Whenever it shall be discovered that           partnership, the name and address of
any basic permit has been issued au-             each partner; if a corporation, the
thorizing acts, or combinations of acts,         name and address of each of the prin-
which may not properly, under the law            cipal officers and of each stockholder
and regulations, as of now or hereafter          owning 10 percent or more of the cor-
in force, be authorized, or that any ma-         porate stock.
terial mistake has occurred in the                 (b) The time and place set for any
issuance thereof, the holder of such             hearing on the application.
permit shall forthwith surrender the               (c) The final action taken on the ap-
same for correction or amendment                 plication. In the event a hearing is held
upon demand of the regional director             upon an application for a basic permit,
(compliance).                                    the regional director (compliance)
                                                 shall make available for inspection at
§ 1.56 Oaths and affirmations.                   the regional director’s (compliance) of-
  Any document required by regula-               fice, upon request therefor: The tran-
tions or instructions of the Director to         script of the hearing, a copy of the ad-
be verified, shall be so verified upon           ministrative law judge’s recommended
oath or affirmation taken before a per-          decision, a copy of the regional direc-
son authorized by the laws of the                tor’s (compliance) decision and, in the
United States or by State or local law           event of an appeal to the Director, the
to administer oaths or affirmations in           decision on appeal with the reasons
the jurisdiction wherein such docu-              given in support thereof.
ment is to be executed.
                                                  Subpart D—Nonindustrial Use of
§ 1.57 Procedure.                                    Distilled Spirits and Wine
  The procedures prescribed by the                   USES REGARDED AS INDUSTRIAL
rules of practice in permit proceedings
(part 200 of this chapter) are applicable        § 1.60 Use of distilled spirits.
to administrative proceedings for the
                                                    The following uses of distilled spirits
issuance, amendment, denial, revoca-
                                                 are regarded as ‘‘industrial’’ and will
tion, suspension, or annulment of basic
                                                 be excluded from any application of the
permits, the issuance of subpoenas and
                                                 term ‘‘nonindustrial use.’’ The use of
the taking of depositions under the
                                                 distilled spirits:
Act.                                                (a) Free of tax by, and for the use of,
§ 1.58 Filing of permits.                        the United States or any governmental
                                                 agency thereof, any State, any polit-
   Every person receiving a basic permit         ical subdivision of a State, or the Dis-
under the provisions of this part must           trict of Columbia, for nonbeverage pur-
file the same, at the place of business          poses; or
covered by the basic permit, so that it             (b) Free of tax for nonbeverage pur-
may be examined by ATF officers.                 poses and not for resale or use in the
                                                 manufacture of any product for sale:
§ 1.59 Public information as to applica-            (1) For the use of any educational or-
     tions acted upon.                           ganization described in 26 U.S.C.
  The regional director (compliance)             170(b)(1)(A)(ii) which is exempt from in-
shall cause to be maintained currently           come tax under 26 U.S.C. 501(a), or for
in the regional director’s (compliance)          the use of any scientific university or
office for public inspection, until the          college of learning;
expiration of one year following final              (2) For any laboratory for use exclu-
action on the application, the following         sively in scientific research;
information with respect to each appli-             (3) For use at any hospital, blood
cation for basic permit filed:                   bank, or sanitarium (including use in

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§ 1.61                                                         27 CFR Ch. I (4–1–99 Edition)

making analysis or test at such hos-               provided such products are unfit for
pital, blood bank, or sanitarium), or at           beverage use, is regarded as ‘‘indus-
any pathological laboratory exclu-                 trial,’’ and will be excluded from any
sively engaged in making analyses, or              application of the term ‘‘nonindustrial
tests, for hospitals or sanitariums; or            use.’’
  (4) For the use of any clinic operated
for charity and not for profit (including              USES CLASSED AS NONINDUSTRIAL
use in compounding of bona fide medi-
cines for treatment outside of such                § 1.70   General.
clinics of patients thereof); or                     All uses of distilled spirits and wines,
  (c) Free of tax, after denaturation of           except as provided in §§ 1.60, 1.61, and
such spirits in the manner prescribed              1.62 of this part, are regarded as ‘‘non-
by law for:                                        industrial.’’ Such ‘‘nonindustrial’’ use
  (1) Use in the manufacture of ether,             shall include, but not be limited to,
chloroform, or other definite chemical             distilled spirits or wine used for bev-
substance where such distilled spirits             erage purposes, or in the manufacture,
are changed into some other chemical               rectification, or blending of alcoholic
substance and do not appear in the fin-            beverages; or in the preparation of food
ished product; or                                  or drink by a hotel, restaurant, tavern,
  (2) Any other use in the arts and in-            or similar establishment; or for sac-
dustries (except for uses prohibited by            ramental purposes; or as a medicine.
26 U.S.C. 5273 (b) or (d)) and for fuel,
light, and power.                                  § 1.71 Distilled spirits in containers of
                                                        a capacity of one gallon or less.
§ 1.61 Use of wine.                                  Distilled spirits in containers of a ca-
  The following uses of wine are re-               pacity of one wine gallon or less, ex-
garded as ‘‘industrial’’ and will be ex-           cept anhydrous alcohol and alcohol
cluded from any application of the                 which may be withdrawn free of tax
term ‘‘nonindustrial’’. The use of wine:           under the internal revenue laws, will
  (a) Without payment of tax for use in            be deemed to be for nonindustrial use.
the production of vinegar; or
  (b) Free of tax for experimental or re-          Subpart E—Bulk Sales and Bottling
search purposes by any scientific uni-                     of Distilled Spirits
versity, college of learning, or institu-
tion of scientific research; or                             BULK SALES AND BOTTLING
  (c) Free of tax for use by the United
States or any agency thereof, and for              § 1.80   Sales of distilled spirits in bulk.
use for analysis, testing, research, or              It is unlawful for any person to sell,
experimentation by the governments of              offer to sell, contract to sell, or other-
the several States and the District of             wise dispose of distilled spirits in bulk,
Columbia or of any political subdivi-              for nonindustrial use, except for export
sion thereof or by any agency of such              or to the classes of persons enumerated
governments; or                                    in §§ 1.82, 1.83, and 1.84.
  (d) Which has been rendered unfit for
beverage use.                                      § 1.81 Importation of distilled spirits
                                                        in bulk.
§ 1.62 Use of distilled spirits or wine              It is unlawful for any person to im-
     for experimental purposes and in              port distilled spirits in bulk, for non-
     manufacture of nonbeverage prod-
     ucts.                                         industrial use, except for sale to or for
                                                   use by the classes of persons enumer-
   The use of distilled spirits or wine for        ated in §§ 1.82, 1.83 and 1.84.
experimental purposes and in the man-
ufacture of (a) medicinal, pharma-                 § 1.82 Acquiring or receiving distilled
ceutical, or antiseptic products, includ-               spirits in bulk for redistillation,
ing prescriptions compounded by retail                  processing,          rectification,
druggists; (b) toilet preparations; (c)                 warehousing, or warehousing and
flavoring extracts, syrups, or food                     bottling.
products; or (d) scientific, chemical,              (a) Proprietors of distilled spirits plants.
mechanical, or industrial products,                Persons holding basic permits (issued

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                                  Pt. 4

under subpart B of this part) author-                         SALES OF DISTILLED SPIRITS FOR
izing the distilling, processing, recti-                             INDUSTRIAL USE
fying, or warehousing and bottling of
distilled spirits, or operating permits                § 1.95 General.
(issued under § 19.157 and succeeding                     Distillers, rectifiers, and other per-
sections of this chapter) may acquire                  mittees engaged in the sale or other
or receive in bulk and redistill, ware-                disposition of distilled spirits for non-
house, or process distilled spirits, so                industrial use shall not sell or other-
far as permitted by law.                               wise dispose of distilled spirits in bulk
  (b) Proprietors of class 8 customs bond-             (other than alcohol) for industrial use,
ed warehouses. If the permittee oper-                  unless such distilled spirits are shipped
ates a class 8 customs bonded ware-                    or delivered directly to the industrial
house, the permittee may acquire or                    user thereof.
receive in bulk, and warehouse and bot-
tle, imported distilled spirits, so far as
permitted by the customs laws.
                                                                 PART 4—LABELING AND
                                                                 ADVERTISING OF WINE
(26 U.S.C. 7805 (68A Stat. 917, as amended); 27
U.S.C. 205 (49 Stat. 981, as amended))                                Subpart A—Scope
§ 1.83 Acquiring or receiving distilled                Sec.
     spirits in bulk for addition to wine.             4.1 General.
   Persons holding permits as producers                4.2 Territorial extent.
                                                       4.3 Forms prescribed.
and blenders of wine, may, pursuant to
such permit, acquire or receive in bulk                             Subpart B—Definitions
alcohol or brandy for addition to wines.
                                                       4.10    Meaning of terms.
§ 1.84 Acquisition of distilled spirits in
     bulk by Government agencies.                       Subpart C—Standards of Identity for Wine
   Any agency of the United States, or                 4.20  Application of standards.
of any State or political subdivision                  4.21  The standards of identity.
thereof, may acquire or receive in                     4.22  Blends, cellar treatment, alteration of
bulk, and warehouse and bottle, im-                        class or type.
ported and domestic distilled spirits in               4.23 Varietal (grape type) labeling.
conformity with the internal revenue                   4.24 Generic, semi-generic, and non-generic
                                                           designations of geographic significance.
laws.
                                                       4.25 Appellations of origin.
                                                       4.25a Appellations of origin.
          WAREHOUSE RECEIPTS
                                                       4.26 Estate bottled.
                                                       4.27 Vintage wine.
§ 1.90 Distilled spirits in bulk.
                                                       4.28 Type designations of varietal signifi-
   By the terms of the Act (27 U.S.C.                      cance.
206), all warehouse receipts for distilled
spirits in bulk must require that the                     Subpart D—Labeling Requirements for
warehouseman shall package such dis-                                    Wine
tilled spirits, before delivery, in bottles            4.30    General.
labeled and marked in accordance with                  4.32    Mandatory label information.
law, or deliver such distilled spirits in              4.33    Brand names.
bulk only to persons to whom it is law-                4.34    Class and type.
ful to sell or otherwise dispose of dis-               4.35    Name and address.
tilled spirits in bulk.                                4.35a    Name and address.
                                                       4.36    Alcoholic content.
§ 1.91 Bottled distilled spirits.                      4.37    Net contents.
                                                       4.38    General requirements.
   The provisions of the Act, which for-               4.38a     Bottle cartons, booklets and leaflets.
bid any person to sell, offer to sell, con-            4.39    Prohibited practices.
tract to sell, or otherwise dispose of
warehouse receipts for distilled spirits               Subpart E—Requirements for Withdrawal of
in bulk, do not apply to warehouse re-                       Wine From Customs Custody
ceipts for bottled distilled spirits.
                                                       4.40 Label approval and release.
  CROSS REFERENCE: For labeling of distilled           4.45 Certificates of origin and identity.
spirits, see part 5 of this chapter.                   4.46 Certificate of nonstandard fill.

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§ 4.1                                                             27 CFR Ch. I (4–1–99 Edition)

Subpart F—Requirements for Approval of                 27 CFR Part 252—Exportation of Liquors.
   Labels of Wine Domestically Bottled or
   Packed                                                        Subpart A—Scope
4.50  Certificates of label approval.                  § 4.1 General.
4.51  Exhibiting certificates to Government
    officials.                                            The regulations in this part relate to
4.52 Photoprints.                                      the labeling and advertising of wine.
         Subpart G—Advertising of Wine                 § 4.2 Territorial extent.
4.60    Application.                                      This part applies to the several
4.61    Definitions.                                   States of the United States, the Dis-
4.62    Mandatory statements.                          trict of Columbia, and Puerto Rico.
4.63    Legibility of mandatory information.
4.64    Prohibited practices.                          § 4.3 Forms prescribed.
4.65    Comparative advertising.
                                                          (a) The Director is authorized to pre-
       Subpart H—Standards of Fill for Wine            scribe all forms required by this part.
                                                       All of the information called for in
4.70    Application.                                   each form shall be furnished as indi-
4.71    Standard wine containers.                      cated by the headings on the form and
4.72    Standards of fill.
4.73    Metric standards of fill.
                                                       the instructions on or pertaining to the
                                                       form. In addition, information called
          Subpart I—General Provisions                 for in each form shall be furnished as
                                                       required by this part.
4.80    Exports.                                          (b) Requests for forms should be
                                                       mailed to the ATF Distribution Center,
       Subpart J—American Grape Variety
                                                       7943 Angus Court, Springfield, Virginia
                   Names
                                                       22153.
4.91 List of approved prime names.
                                                       [T.D. ATF–92, 46 FR 46911, Sept. 23, 1981, as
4.92 Alternative names permitted for tem-
                                                       amended by T.D. ATF–249, 52 FR 5955, Feb.
    porary use.
                                                       27, 1987; T.D. 372, 61 FR 20723, May 8, 1996]
4.93 Approval of grape variety names.
  AUTHORITY: 27 U.S.C. 205, unless otherwise
noted.
                                                               Subpart B—Definitions
 SOURCE: T.D. 6521, 25 FR 13835, Dec. 29, 1960,        § 4.10 Meaning of terms.
unless otherwise noted.
                                                          As used in this part, unless the con-
  EDITORIAL NOTE: For a document affecting             text otherwise requires, terms shall
part 4, see the editorial note appearing at            have the meaning ascribed in this part.
the beginning of this chapter.                            Act. The Federal Alcohol Administra-
  CROSS REFERENCES: Other regulations re-              tion Act.
lating to this part are as follows:                       Added brandy. Brandy or wine spirits
27 CFR Part 1—Basic Permit Requirements                for use in fortification of wine as per-
    Under the Federal Alcohol Administra-              mitted by internal revenue law.
    tion Act.                                             Advertisement. See § 4.61 for meaning
27 CFR Part 5—Labeling and Advertising of              of term as used in subpart G of this
    Distilled Spirits.                                 part.
27 CFR Part 7—Labeling and Advertising of
                                                          Alcohol. Ethyl alcohol distilled at or
    Malt Beverages.
27 CFR Part 9—American Viticultural Areas.             above 190° proof.
27 CFR Part 12—Foreign Nongeneric Names                   American. The several States, the
    of Geographic Significance Used in the             District of Columbia, and Puerto Rico;
    Designation of Wines.                              ‘‘State’’ includes the District of Colum-
27 CFR Part 16—Alcoholic Beverage Health               bia and Puerto Rico.
    Warning Statement.                                    Bottler. Any person who places wine
27 CFR Part 200—Rules of Practice in Permit            in containers of four liters or less. (See
    Proceedings.
                                                       meaning for ‘‘containers’’ and ‘‘pack-
27 CFR Part 240—Wine.
27 CFR Part 250—Liquors and Articles from              er’’.)
    Puerto Rico and the Virgin Islands.                   Brand label. The label carrying, in
27 CFR Part 251—Importation of Distilled               the usual distinctive design, the brand
    Spirits, Wines and Beer.                           name of the wine.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                          § 4.20

   Container. Any bottle, barrel, cask, or         added an amount of water not exceed-
other closed receptacle irrespective of            ing the amount removed in the dehy-
size or of the material from which                 dration process.
made for use for the sale of wine at re-             Sugar. Pure cane, beet, or dextrose
tail. (See meaning for ‘‘bottler’’ and             sugar in dry for containing, respec-
‘‘packer’’.)                                       tively, not less than 95 percent of ac-
   Director. The Director, Bureau of Al-           tual sugar calculated on a dry basis.
cohol, Tobacco and Firearms, the De-                 Total solids. The degrees Brix of the
partment of the Treasury, Washington,              dealcoholized wine restored to its
DC.                                                original volume.
   Gallon. A U.S. gallon of 231 cubic                Trade buyer. Any person who is a
inches of alcoholic beverages at 60 °F.            wholesaler or retailer.
   Interstate or foreign commerce. Com-              United States. The several States, the
merce between any State and any place              District of Columbia, and Puerto Rico;
outside thereof, or commerce within                the term ‘‘State’’ includes the District
any Territory or the District of Colum-            of Columbia and Puerto Rico.
bia, or between points within the same               Use of other terms. Any other term de-
State but through any place outside                fined in the Federal Alcohol Adminis-
thereof.                                           tration Act and used in this part shall
   Liter or litre. (a) A metric unit of ca-        have the same meaning assigned to it
pacity equal to 1,000 cubic centimeters            by the Act.
and equivalent to 33.814 U.S. fluid
                                                     Wine. (a) Wine as defined in section
ounces. For purposes of this part, a
                                                   610 and section 617 of the Revenue Act
liter is subdivided into 1,000 milliliters
                                                   of 1918 (26 U.S.C. 3036, 3044, 3045) and (b)
(ml).
                                                   other alcoholic beverages not so de-
   (b) For purposes of regulation, one
                                                   fined, but made in the manner of wine,
liter of wine is defined as that quantity
                                                   including sparkling and carbonated
(mass) of wine occupying a one-liter
                                                   wine, wine made from condensed grape
volume at 20 °Celsius (68 °F).
                                                   must, wine made from other agricul-
   Packer. Any person who places wine
                                                   tural products than the juice of sound,
in containers in excess of four liters.
                                                   ripe grapes, initation wine, compounds
(See meaning for ‘‘container’’ and
                                                   sold as wine, vermouth, cider, perry,
‘‘bottler’’.)
                                                   and sake; in each instance only if con-
   Percent or percentage. Percent by vol-
                                                   taining not less than 7 percent, and not
ume.
                                                   more than 24 percent of alcohol by vol-
   Permittee. Any person holding a basic
                                                   ume, and if for nonindustrial use.
permit under the Federal Alcohol Ad-
ministration Act.                                  [T.D. ATF–48, 43 FR 13532, Mar. 31, 1978, as
   Person. Any individual, partnership,            amended by T.D. ATF–49, 43 FR 19848, May 9,
joint-stock company, business trust,               1978; T.D. ATF–53, 43 FR 37675, Aug. 23, 1978;
association, corporation, or other form            44 FR 55838, Sept. 29, 1979; T.D. ATF–66, 45 FR
                                                   40544, June 13, 1980; T.D. ATF–94, 46 FR 55095,
of business enterprise, including a re-            Nov. 6, 1981; T.D. ATF–299, 55 FR 24988, June
ceiver, trustee, or liquidating agent,             19, 1990]
and including an officer or employee of
any agency of a State or political sub-
division thereof.                                   Subpart C—Standards of Identity
   Pure condensed must. The dehydrated                        for Wine
juice or must of sound, ripe grapes, or
other fruit or agricultual products,               § 4.20   Application of standards.
concentrated to not more than 80°                    The standards of identity for the sev-
(Balling), the composition thereof re-             eral classes and types of wine set forth
maining unaltered except for removal               herein shall be applicable to all regula-
of water.                                          tions and permits issued under the act.
   Regional director (compliance). The             Whenever any term for which a stand-
principal ATF regional official respon-            ard of identity has been established
sible for administering regulations in             herein is used in any such regulation or
this part.                                         permit, such term shall have the mean-
   Restored pure condensed must. Pure              ing assigned to it by such standard of
condensed must to which has been                   identity.

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§ 4.21                                                     27 CFR Ch. I (4–1–99 Edition)

§ 4.21 The standards of identity.                   (2) Table wine is grape wine having an
   Standards of identity for the several         alcoholic content not in excess of 14
classes and types of wine set forth in           percent by volume. Such wine may also
this part shall be as follows:                   be designated as ‘‘light wine,’’ ‘‘red
   (a) Class 1; grape wine—(1) Grape wine        table wine,’’ ‘‘light white wine,’’
is wine produced by the normal alco-             ‘‘sweet table wine,’’ etc., as the case
holic fermentation of the juice of               may be.
sound, ripe grapes (including restored              (3) Dessert wine is grape wine having
or unrestored pure condensed grape               an alcoholic content in excess of 14 per-
must), with or without the addition,             cent but not in excess of 24 percent by
after fermentation, of pure condensed            volume. Dessert wine having the taste,
grape must, and with or without added            aroma and characteristics generally at-
grape brandy or alcohol, but without             tributed to sherry and an alcoholic
other addition or abstraction except as          content, derived in part from added
may occur in cellar treatment: Pro-              grape brandy or alcohol, of not less
vided, That the product may be amelio-           than 17 percent by volume, may be des-
rated before, during or after fermenta-          ignated as ‘‘sherry’’. Dessert wines
tion by either of the following meth-            having the taste, aroma and character-
ods:                                             istics generally attributed to angelica,
   (i) By adding, separately or in com-          madeira, muscatel and port and an al-
bination, dry sugar, or such an amount           coholic content, derived in part from
of sugar and water solution as will not          added grape brandy or alcohol, of not
increase the volume of the resulting             less than 18 percent by volume, may be
product more than 35 percent; but in no          designated as ‘‘angelica,’’ ‘‘madeira,’’
event shall any product so ameliorated           ‘‘muscatel,’’ or ‘‘port’’ respectively.
have an alcoholic content derived by             Dessert wines having the taste, aroma,
fermentation, of more than 13 percent            and characteristics generally attrib-
by volume, or a natural acid content, if         uted to any of the above products and
water has been added, of less than 5             an alcoholic content, derived in part
parts per thousand, or a total solids            from added grape brandy or alcohol, in
content of more than 22 grams per 100            excess of 14 percent by volume but, in
cubic centimeters.                               the case of sherry, less than 17 percent,
   (ii) By adding, separately or in com-         or, in other cases, less than 18 percent
bination, not more than 20 percent by            by volume, may be designated as ‘‘light
weight of dry sugar, or not more than            sherry,’’ ‘‘light angelica,’’ ‘‘light ma-
10 percent by weight of water.                   deira,’’ ‘‘light muscatel’’ or ‘‘light
   (iii) In the case of domestic wine, in        port,’’ respectively.
accordance with 26 U.S.C. 5383.                     (b) Class 2; sparkling grape wine. (1)
   (iv) The maximum volatile acidity,            Sparkling grape wine (including ‘‘spar-
calculated as acetic acid and exclusive          kling wine,’’ ‘‘sparkling red wine’’ and
of sulfur dioxide is 0.14 gram per 100           ‘‘sparkling white wine’’) is grape wine
mL (20 °C) for natural red wine and 0.12         made effervescent with carbon dioxide
gram per 100 mL (20 °C) for other grape          resulting solely from the fermentation
wine: Provided, That the maximum                 of the wine within a closed container,
volatile acidity for wine produced from          tank or bottle.
unameliorated juice of 28 or more de-               (2) Champagne is a type of sparkling
grees Brix is 0.17 gram per 100 milli-           light wine which derives its effer-
liters for red wine and 0.15 gram per 100        vescence solely from the secondary fer-
milliliters for white wine. Grape wine           mentation of the wine within glass
deriving its characteristic color or lack        containers of not greater than one gal-
of color from the presence or absence of         lon capacity, and which possesses the
the red coloring matter of the skins,            taste, aroma, and other characteristics
juice, or pulp of grapes may be des-             attributed to champagne as made in
ignated as ‘‘red wine,’’ ‘‘pink (or rose)        the champagne district of France.
wine,’’ ‘‘amber wine,’’ or ‘‘white wine’’           (3)(i) A sparkling light wine having
as the case may be. Any grape wine               the taste, aroma, and characteristics
containing no added grape brandy or              generally attributed to champagne but
alcohol may be further designated as             not otherwise conforming to the stand-
‘‘natural.’’                                     ard for ‘‘champagne’’ may, in addition

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                                                                                    HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                        § 4.21

to but not in lieu of the class designa-          wine. Crackling wine which derives its
tion ‘‘sparkling wine,’’ be further des-          effervescence from secondary fer-
ignated as:                                       mentation in containers greater than
   (A) ‘‘champagne style;’’ or                    1-gallon capacity shall be designated
   (B) ‘‘champagne type;’’ or                     ‘‘crackling wine—bulk process,’’ and
   (C) ‘‘American (or New York State,             the words ‘‘bulk process’’ shall appear
Napa Valley, etc.) champagne,’’ along             in lettering of substantially the same
with one of the following terms: ‘‘Bulk           size as the words ‘‘crackling wine.’’
process,’’ ‘‘fermented outside the bot-              (c) Class 3; carbonated grape wine.
tle,’’ ‘‘secondary fermentation outside           ‘‘Carbonated grape wine’’ (including
the bottle,’’ ‘‘secondary fermentation            ‘‘carbonated wine,’’ ‘‘carbonated red
before bottling,’’ ‘‘not fermented in the         wine,’’ and ‘‘carbonated white wine’’) is
bottle,’’ or ‘‘not bottle fermented.’’ The        grape wine made effervescent with car-
term ‘‘charmat method’’ or ‘‘charmat              bon dioxide other than that resulting
process’’ may be used as additional in-           solely from the secondary fermentation
formation.                                        of the wine within a closed container,
   (ii) Labels shall be so designed that          tank or bottle.
all the words in such further designa-               (d) Class 4; citrus wine. (1)(i) Citrus
tion are readily legible under ordinary           wine or citrus fruit wine is wine pro-
conditions and are on a contrasting               duced by the normal alcoholic fer-
background. In the case of paragraph              mentation of the juice of sound, ripe
(b)(3)(i)(C) of this section, ATF will            citrus fruit (including restored or
consider whether the label as a whole             unrestored pure condensed citrus
provides the consumer with adequate               must), with or without the addition,
information about the method of pro-              after fermentation, of pure condensed
duction and origin of the wine. ATF               citrus must, and with or without added
will evaluate each label for legibility           citrus brandy or alcohol, but without
and clarity, based on such factors as             any other addition or abstraction ex-
type size and style for all components            cept as may occur in cellar treatment:
of the further designation and the op-            Provided, That a domestic product may
tional term ‘‘charmat method’’ or                 be ameliorated or sweetened in accord-
‘‘charmat process,’’ as well as the con-          ance with the provisions of 26 U.S.C.
trast between the lettering and its               5384 and any product other than domes-
background, and the placement of in-              tic may be ameliorated before, during,
formation on the label.                           or after fermentation by adding, sepa-
   (iii) Notwithstanding the provisions           rately or in combination, dry sugar, or
of paragraphs (b)(3)(i)(A), (B) and (C) of        such an amount of sugar and water so-
this section, the Director may author-            lution as will not increase the volume
ize the use of a term on sparkling wine           of the resulting product more than 35
labels, as an alternative to those terms          percent, but in no event shall any prod-
authorized in paragraph (b)(3)(i) of this         uct so ameliorated have an alcoholic
section, but not in lieu of the required          content, derived by fermentation, of
class designation ‘‘sparkling wine,’’             more than 13 percent by volume, or a
upon a finding that such term ade-                natural acid content, if water has been
quately informs the consumer about                added, of less than 5 parts per thou-
the method of production of the spar-             sand, or a total solids content of more
kling wine.                                       than 22 grams per 100 cubic centi-
   (4) Crackling wine, petillant wine,            meters.
frizzante wine (including cremant,                   (ii) The maximum volatile acidity,
perlant, reciotto, and other similar              calculated as acetic acid and exclusive
wine) is sparkling light wine normally            of sulfur dioxide, shall not be, for nat-
less effervescent than champagne or               ural citrus wine, more than 0.14 gram,
other similar sparkling wine, but con-            and for other citrus wine, more than
taining sufficient carbon dioxide in so-          0.12 gram, per 100 milliliters (20 °C.).
lution to produce, upon pouring under                (iii) Any citrus wine containing no
normal conditions, after the disappear-           added brandy or alcohol may be further
ance of air bubbles, a slow and steady            designated as ‘‘natural.’’
effervescence evidenced by the forma-                (2) Citrus table wine or citrus fruit table
tion of gas bubbles flowing through the           wine is citrus wine having an alcoholic

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                                                                                         HOME
§ 4.21                                                          27 CFR Ch. I (4–1–99 Edition)

content not in excess of 14 percent by               uct so ameliorated have an alcoholic
volume. Such wine may also be des-                   content, derived by fermentation, of
ignated ‘‘light citrus wine,’’ ‘‘light cit-          more than 13 percent by volume, or a
rus fruit wine,’’ ‘‘light sweet citrus               natural acid content, if water has been
fruit wine,’’ etc., as the case may be.              added, of less than 5 parts per thou-
   (3) Citrus dessert wine or citrus fruit           sand, or a total solids content of more
dessert wine is citrus wine having an al-            than 22 grams per 100 cubic centi-
coholic content in excess of 14 percent              meters.
but not in excess of 24 percent by vol-                 (ii) The maximum volatile acidity,
ume.                                                 calculated as acetic acid and exclusive
   (4) Citrus wine derived wholly (except            of sulfur dioxide, shall not be, for nat-
for sugar, water, or added alcohol) from             ural fruit wine, more than 0.14 gram,
one kind of citrus fruit, shall be des-              and for other fruit wine, more than 0.12
ignated by the word ‘‘wine’’ qualified               gram, per 100 milliliters (20 °C.).
by the name of such citrus fruit, e.g.,                 (iii) Any fruit wine containing no
‘‘orange wine,’’ ‘‘grapefruit wine.’’ Cit-           added brandy or alcohol may be further
rus wine not derived wholly from one                 designated as ‘‘natural.’’
kind of citrus fruit shall be designated                (2) Berry wine is fruit wine produced
as ‘‘citrus wine’’ or ‘‘citrus fruit wine’’          from berries.
qualified by a truthful and adequate
                                                        (3) Fruit table wine or berry table wine
statement of composition appearing in
                                                     is fruit or berry wine having an alco-
direct conjunction therewith. Citrus
                                                     holic content not in excess of 14 per-
wine rendered effervescent by carbon
                                                     cent by volume. Such wine may also be
dioxide resulting solely from the sec-
ondary fermentation of the wine within               designated ‘‘light fruit wine,’’ or ‘‘light
a closed container, tank, or bottle shall            berry wine.’’
be further designated as ‘‘sparkling’’;                 (4) Fruit dessert wine or berry dessert
and citrus wine rendered effervescent                wine is fruit or berry wine having an
by carbon dioxide otherwise derived                  alcoholic content in excess of 14 per-
shall be further designated as ‘‘carbon-             cent but not in excess of 24 percent by
ated.’’                                              volume.
   (e) Class 5; fruit wine. (1)(i) Fruit wine           (5) Fruit wine derived wholly (except
is wine (other than grape wine or citrus             for sugar, water, or added alcohol) from
wine) produced by the normal alcoholic               one kind of fruit shall be designated by
fermentation of the juice of sound, ripe             the word ‘‘wine’’ qualified by the name
fruit (including restored or unrestored              of such fruit, e.g., ‘‘peach wine,’’
pure condensed fruit must), with or                  ‘‘blackberry wine.’’ Fruit wine not de-
without the addition, after fermenta-                rived wholly from one kind of fruit
tion, of pure condensed fruit must, and              shall be designated as ‘‘fruit wine’’ or
with or without added fruit brandy or                ‘‘berry wine,’’ as the case may be,
alcohol, but without other addition or               qualified by a truthful and adequate
abstraction except as may occur in cel-              statement of composition appearing in
lar treatment: Provided, That a domes-               direct conjunction therewith. Fruit
tic product may be ameliorated or                    wines which are derived wholly (except
sweetened in accordance with the pro-                for sugar, water, or added alcohol) from
visions of 26 U.S.C. 5384 and any prod-              apples or pears may be designated
uct other than domestic may be ame-                  ‘‘cider’’ and ‘‘perry,’’ respectively, and
liorated before, during, or after fer-               shall be so designated if lacking in vi-
mentation by adding, separately or in                nous taste, aroma, and characteristics;
combination, dry sugar, or such an                   however, the term ‘‘hard cider’’ may
amount of sugar and water solution as                not be used to designate any fruit wine;
will increase the volume of the result-              it may only be used to designate hard
ing product, in the case of wines pro-               cider as defined in part 24 of this chap-
duced from loganberries, currants, or                ter. Fruit wine rendered effervescent
gooseberries, having a normal acidity                by carbon dioxide resulting solely from
of 20 parts or more per thousand, not                the secondary fermentation of the wine
more than 60 percent, and in the case                within a closed container, tank, or bot-
of other fruit wines, not more than 35               tle shall be further designated as
percent, but in no event shall any prod-             ‘‘sparkling’’; and fruit wine rendered

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                      § 4.21

effervescent by carbon dioxide other-                 (4) Raisin wine is wine of this class
wise derived shall be further designated           made from dried grapes.
as ‘‘carbonated.’’                                    (5) Sake is wine of this class produced
  (f) Class 6; wine from other agricultural        from rice in accordance with the com-
products. (1)(i) Wine of this class is             monly accepted method of manufac-
wine (other than grape wine, citrus                ture of such product.
wine, or fruit wine) made by the nor-                 (6) Wine of this class derived wholly
mal alcoholic fermentation of sound                (except for sugar, water, or added alco-
fermentable agricultural products, ei-             hol) from one kind of agricultural
ther fresh or dried, or of the restored or         product shall except in the case of
unrestored pure condensed must there-              ‘‘sake,’’ be designated by the word
of, with the addition before or during             ‘‘wine’’ qualified by the name of such
fermentation of a volume of water not              agricultural product, e.g., ‘‘honey
greater than the minimum necessary                 wine,’’ ‘‘raisin wine,’’ ‘‘dried black-
to correct natural moisture defi-                  berry wine.’’ Wine of this class not de-
ciencies in such products, with or with-           rived wholly from one kind of agricul-
out the addition, after fermentation, of           tural product shall be designated as
pure condensed must, and with or with-             ‘‘wine’’ qualified by a truthful and ade-
out added alcohol or such other spirits            quate statement of composition ap-
as will not alter the character of the             pearing in direct conjunction there-
product, but without other addition or             with. Wine of this class rendered effer-
abstraction except as may occur in cel-            vescent by carbon dioxide resulting
lar treatment: Provided, That a domes-             solely from the secondary fermentation
tic product may be ameliorated or                  of wine within a closed container,
sweetened in accordance with part 24,              tank, or bottle shall be further des-
of this chapter, and any product other             ignated as ‘‘sparkling’’; and wine of
than domestic may be ameliorated be-               this class rendered effervescent by car-
fore, during, or after fermentation by             bon dioxide otherwise derived shall be
adding, separately or in combination,              further designated as ‘‘carbonated.’’
dry sugar or such an amount of sugar                  (g) Class 7; aperitif wine. (1) Aperitif
and water solution as will not increase            wine is wine having an alcoholic con-
the volume of the resulting product                tent of not less than 15 percent by vol-
more than 35 percent, but in no event              ume, compounded from grape wine con-
shall any product so ameliorated have              taining added brandy or alcohol, fla-
an alcoholic content, derived by fer-              vored with herbs and other natural aro-
mentation of more than 13 percent by               matic flavoring materials, with or
volume, or a natural acid content, if              without the addition of caramel for
water has been added, of less than 5               coloring purposes, and possessing the
parts per thousand, or a total solids              taste, aroma, and characteristics gen-
content of more than 22 grams per 100              erally attributed to aperitif wine and
cubic centimeters.                                 shall be so designated unless des-
  (ii) The maximum volatile acidity,               ignated as ‘‘vermouth’’ under para-
calculated as acetic acid and exclusive            graph (g)(2) of this section.
of sulfur dioxide, shall not be, for nat-             (2) Vermouth is a type of aperitif wine
ural wine of this class, more than 0.14            compounded from grape wine, having
gram, and for other wine of this class,            the taste, aroma, and characteristics
more than 0.12 gram, per 100 milliliters           generally attributed to vermouth, and
(20 °C.).                                          shall be so designated.
  (iii) Wine of this class containing no              (h) Class 8; imitation and substandard
added alcohol or other spirits may be              or other than standard wine. (1) ‘‘Imita-
further designated as ‘‘natural’’.                 tion wine’’ shall bear as a part of its
  (2) Table wine of this class is wine             designation the word ‘‘imitation,’’ and
having an alcoholic content not in ex-             shall include:
cess of 14 percent by volume. Such wine               (i) Any wine containing synthetic
may also be designated as ‘‘light’’.               materials.
  (3) Dessert wine of this class is wine              (ii) Any wine made from a mixture of
having an alcoholic content in excess              water with residue remaining after
of 14 percent but not in excess of 24 per-         thorough pressing of grapes, fruit, or
cent by volume.                                    other agricultural products.

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                                                                                        HOME
§ 4.22                                                              27 CFR Ch. I (4–1–99 Edition)

   (iii) Any class or type of wine the                    CROSS REFERENCE: For regulations relating
taste, aroma, color, or other character-                to fortified wine, see part 240 of this chapter.
istics of which have been acquired in
whole or in part, by treatment with                     § 4.22 Blends, cellar treatment, alter-
methods or materials of any kind (ex-                        ation of class or type.
cept as permitted in § 4.22(c)(6)), if the                 (a) If the class or type of any wine
taste, aroma, color, or other character-                shall be altered, and if the product as
istics of normal wines of such class or                 so altered does not fall within any
type are acquired without such treat-                   other class or type either specified in
ment.                                                   §§ 4.20 through 4.25 or known to the
   (iv) Any wine made from must con-                    trade, then such wine shall, unless oth-
centrated at any time to more than 80°                  erwise specified in this section, be des-
(Balling).                                              ignated with a truthful and adequate
   (2) ‘‘Substandard wine’’ or ‘‘other                  statement of composition in accord-
than standard wine’’ shall bear as a                    ance with § 4.34.
part of its designation the word ‘‘sub-                    (b) Alteration of class or type shall
standard,’’ and shall include:                          be deemed to result from any of the fol-
   (i) Any wine having a volatile acidity               lowing occurring before, during, or
in excess of the maximum prescribed                     after production.
therefor in §§ 4.20 to 4.25.
                                                           (1) Treatment of any class or type of
   (ii) Any wine for which no maximum
volatile acidity is prescribed in §§ 4.20               wine with substances foreign to such
to 4.25, inclusive, having a volatile                   wine which remain therein: Provided,
acidity, calculated as acetic acid and                  That the presence in finished wine of
exclusive of sulfur dioxide, in excess of               not more than 350 parts per million of
0.14 gram per 100 milliliters (20 °C.).                 total sulfur dioxide, or sulphites ex-
   (iii) Any wine for which a standard of               pressed as sulfur dioxide, shall not be
identity is prescribed in this §§ 4.20 to               precluded under this paragraph.
4.25, inclusive, which, through disease,                   (2) Treatment of any class or type of
decomposition, or otherwise, fails to                   wine with substances not foreign to
have the composition, color, and clean                  such wine but which remain therein in
vinous taste and aroma of normal                        larger quantities than are naturally
wines conforming to such standard.                      and normally present in other wines of
   (iv) Any ‘‘grape wine’’ ‘‘citrus wine,’’             the same class or type not so treated.
‘‘fruit wine,’’ or ‘‘wine from other agri-                 (3) Treatment of any class or type of
cultural products’’ to which has been                   wine with methods or materials of any
added sugar and water solution in an                    kind to such an extent or in such man-
amount which is in excess of the limi-                  ner as to affect the basic composition
tations prescribed in the standards of                  of the wine so treated by altering any
identity for these products, unless, in                 of its characteristic elements.
the case of ‘‘citrus wine,’’ ‘‘fruit wine’’                (4) Blending of wine of one class with
and ‘‘wine from other agricultural                      wine of another class or the blending of
products’’ the normal acidity of the                    wines of different types within the
material from which such wine is pro-                   same class.
duced is 20 parts or more per thousand                     (5) Treatment of any class or type of
and the volume of the resulting prod-                   wine for which a standard of identity is
uct has not been increased more than                    prescribed in this article with sugar or
60 percent by such addition.                            water in excess of the quantities spe-
   (i) Class 9; retsina wine. ‘‘Retsina
                                                        cifically authorized by such standard:
wine’’ is grape table wine fermented or
                                                        Provided, That the class or type thereof
flavored with resin.
                                                        shall not be deemed to be altered (i)
[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as              where such wine (other than grape
amended by T.D. 6776, 29 FR 16985, Dec. 11,             wine) is derived from fruit, or other ag-
1964; T.D. 7185, 37 FR 7975, Apr. 22, 1972; T.D.        ricultural products, having a high nor-
ATF–48, 44 FR 55839, Sept. 28, 1979; T.D. ATF–
                                                        mal acidity, if the total solids content
299, 55 FR 24988, June 19, 1990; T.D. ATF–312,
56 FR 31076, July 9, 1991; T.D. ATF–335, 58 FR          is not more than 22 grams per 100 cubic
5615, Jan. 22, 1993; T.D. ATF–355, 59 FR 14553,         centimeters, and the content of natural
Mar. 29, 1994; T.D. 372, 61 FR 20723, May 8,            acid is not less than 7.5 parts per thou-
1996; T.D. ATF–398, 63 FR 44782, Aug. 21, 1998]         sand and (ii) where such wine is derived

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         § 4.23

exclusively from fruit, or other agri-           vided in section 5382 of the Internal
cultural products, the normal acidity            Revenue Code.
of which is 20 parts or more per thou-              (7) Notwithstanding the provisions of
sand, if the volume of the resulting             § 4.21(b) (1), (2) and (4), (c), (d)(4), (e)(5),
product has been increased not more              and (f)(6) carbon dioxide may be used to
than 60 percent by the addition of               maintain counterpressure during the
sugar and water solution, for the sole           transfer of finished sparkling wines
purpose of correcting natural defi-              from (i) bulk processing tanks to bot-
ciencies due to such acidity, and (ex-           tles, or (ii) bottle to bottle: Provided,
cept in the case of such wines when              That the carbon dioxide content of the
produced from loganberries, currants,            wine shall not be increased by more
or gooseberries) there is stated as a            than 0.009 gm. per 100 ml. during the
part of the class and type designation           transfer operation.
the phrase ‘‘Made with over 35 percent           [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as
sugar solution’’.                                amended by T.D. 6776, 29 FR 16985, Dec. 11,
  (c) Nothing in this section shall pre-         1964; T.D. 7185, 37 FR 7976, Apr. 22, 1972]
clude the treatment of wine of any
class or type in the manner hereinafter          § 4.23   Varietal (grape type) labeling.
specified, provided such treatment does             (a) General. The names of one or more
not result in the alteration of the class        grape varieties may be used as the type
or type of the wine under the provi-             designation of a grape wine only if the
sions of paragraph (b) of this section.          wine is also labeled with an appellation
  (1) Treatment with filtering equip-            of origin as defined in § 4.25a.
ment, and with fining or sterilizing                (b) One variety. Except as provided in
agents.                                          paragraph (c) of this section, the name
  (2) Treatment with pasteurization as           of a single grape variety may be used
necessary to perfect the wines to com-           as the type designation if not less than
mercial standards in accordance with             75 percent of the wine is derived from
acceptable cellar practice but only in           grapes of that variety, the entire 75
such a manner and to such an extent as           percent of which was grown in the la-
not to change the basic composition of           beled appellation of origin area.
the wine nor to eliminate any of its                (c) Exceptions. (1) Wine made from
characteristic elements.                         any Vitis labrusca variety (exclusive of
  (3) Treatment with refrigeration as            hybrids with Vitis labrusca parentage)
necessary to perfect the wine to com-            may be labeled with the variety name
mercial standards in accordance with             if:
acceptable cellar practice but only in              (i) Not less than 51 percent of the
such a manner and to such an extent as           wine is derived from grapes of the
not to change the basic composition of           named variety;
the wine nor to eliminate any of its                (ii) The statement ‘‘contains not less
characteristic elements.                         than 51 percent (name of variety)’’ is
  (4) Treatment with methods and ma-             shown on the brand label, back label,
terials to the minimum extent nec-               or a separate strip label, (except that
essary to correct cloudiness, precipita-         this statement need not appear if 75
tion, or abnormal color, odor, or flavor         percent or more of the wine is derived
developing in wine.                              from grapes of the named variety); and
  (5) Treatment with constituents nat-              (iii) The entire qualifying percentage
urally present in the kind of fruit or           of the named variety was grown in the
other agricultural product from which            labeled appellation of origin area.
the wine is produced for the purpose of             (2) Wine made from any variety of
correcting deficiencies of these con-            any species found by the Director upon
stituents, but only to the extent that           appropriate application to be too
such constituents would be present in            strongly flavored at 75 percent min-
normal wines of the same class or type           imum varietal content may be labeled
not so treated.                                  with the varietal name if:
  (6) Treatment of any class or type of             (i) Not less than 51 percent of the
wine involving the use of volatile fruit-        wine is derived from grapes of that va-
flavor concentrates in the manner pro-           riety;

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§ 4.24                                                      27 CFR Ch. I (4–1–99 Edition)

  (ii) The statement ‘‘contains not less         an appropriate appellation of origin
than 51 percent (name of variety)’’ is           disclosing the true place of origin of
shown on the brand label, back label,            the wine, and if the wine so designated
or a separate strip label (except that           conforms to the standard of identity, if
this statement need not appear if 75             any, for such wine contained in the
percent or more of the wine is derived           regulations in this part or, if there be
from grapes of the named variety); and           no such standard, to the trade under-
  (iii) The entire qualifying percentage         standing of such class or type. See
of the named variety was grown in the            § 24.257(c) of this chapter for exceptions
labeled appellation of origin area.
                                                 to the Director’s authority to remove
  (d) Two or more varieties. The names
                                                 names from paragraph (b)(2) of this sec-
of two or more grape varieties may be
used as the type designation if:                 tion.
  (1) All of the grapes used to make the            (2) Examples of semi-generic names
wine are of the labeled varieties;               which are also type designations for
  (2) The percentage of the wine de-             grape wines are Angelica, Burgundy,
rived from each variety is shown on the          Claret, Chablis, Champagne, Chianti,
label (with a tolerance of plus or minus         Malaga, Marsala, Madeira, Moselle,
2 percent); and                                  Port, Rhine Wine (syn. Hock), Sau-
  (3)(i) If labeled with a multicounty           terne, Haut Sauterne, Sherry, Tokay.
appellation of origin, the percentage of            (c)(1) A name of geographic signifi-
the wine derived from each variety               cance, which has not been found by the
from each county is shown on the                 Director to be generic or semi-generic
label; or                                        may be used only to designate wines of
  (ii) If labeled with a multistate ap-          the origin indicated by such name, but
pellation of origin, the percentage of           such name shall not be deemed to be
the wine derived from each variety               the distinctive designation of a wine
from each state is shown on the label.           unless the Director finds that it is
  (e) List of approved variety names. Ef-
                                                 known to the consumer and to the
fective February 7, 1996, the name of a
                                                 trade as the designation of a specific
grape variety may be used as a type
designation for an American wine only            wine of a particular place or region,
if that name has been approved by the            distinguishable from all other wines.
Director. A list of approved grape vari-            (2) Examples of nongeneric names
ety names appears in subpart J of this           which are not distinctive designations
part.                                            of specific grape wines are: American,
                                                 California, Lake Erie, Napa Valley,
[T.D. ATF–370, 61 FR 538, Jan. 8, 1996]
                                                 New York State, French, Spanish. Ad-
§ 4.24 Generic, semi-generic, and non-           ditional examples of foreign nongeneric
     generic designations of geographic          names are listed in subpart C of part 12
     significance.                               of this chapter.
   (a)(1) A name of geographic signifi-             (3) Examples of nongeneric names
cance which is also the designation of a         which are also distinctive designations
class or type of wine, shall be deemed           of specific grape wines are: Bordeaux
to have become generic only if so found          Blanc, Bordeaux Rouge, Graves, Medoc,
by the Director.                                 Saint–Julien, Chateau Yquem, Chateau
   (2) Examples of generic names, origi-         Margaux, Chateau Lafite, Pommard,
nally having geographic significance,            Chambertin,        Montrachet,     Rhone,
which are designations for a class or            Liebfraumilch, Rudesheimer, Forster,
type of wine are: Vermouth, Sake.                Deidesheimer, Schloss Johannisberger,
   (b)(1) A name of geographic signifi-          Lagrima, and Lacryma Christi. A list
cance, which is also the designation of          of foreign distinctive designations, as
a class or type of wine, shall be deemed         determined by the Director, appears in
to have become semi-generic only if so           subpart D of part 12 of this chapter.
found by the Director. Semi-generic
designations may be used to designate            [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as
wines of an origin other than that indi-         amended by T.D. ATF–296, 55 FR 17967, Apr.
cated by such name only if there ap-             30, 1990; T.D. ATF–398, 63 FR 44783, Aug. 21,
pears in direct conjunction therewith            1998]


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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         § 4.25a

§ 4.25 Appellations of origin.                         county or multistate appellation, or a
                                                       viticultural area, if:
  (a) A wine shall be entitled to an ap-
                                                          (i) At least 75 percent of the wine is
pellation of origin if (1) at least 75 per-
                                                       derived from fruit or agricultural prod-
cent of its volume is derived from fruit               ucts grown in the appellation area indi-
or agricultural products grown in the                  cated; (ii) it has been fully finished (ex-
place or region indicated by such ap-                  cept for cellar treatment pursuant to
pellation, (2) it has been fully manufac-              § 4.22(c), and blending which does not
tured and finished within the State in                 result in an alteration of class or type
which such place or region is located,                 under § 4.22(b)) in the United States, if
and (3) it conforms to the requirements                labeled ‘‘American’’; or, if labeled with
of the laws and regulations of such                    a State appellation, within the labeled
place or region governing the composi-                 State or an adjacent State; or if la-
tion, method of manufacture, and des-                  beled with a county appellation, within
ignation of wines for home consump-                    the State in which the labeled county
tion.                                                  is located; and (iii) it conforms to the
  (b) Wines subjected to cellar treat-                 laws and regulations of the named ap-
ment outside the place or region of ori-               pellation area governing the composi-
gin under the provisions of § 4.22(c), and             tion, method of manufacture, and des-
blends of wines of the same origin                     ignation of wines made in such place.
blended together outside the place or                     (2) Imported wine. An imported wine
region of origin (if all the wines in the              is entitled to an appellation of origin
blend have a common class, type or                     other than a viticultural area if:
other designation which is employed as                    (i) At least 75 percent of the wine is
the designation of the blend) shall be                 derived from fruit or agricultural prod-
entitled to the same appellation of ori-               ucts grown in the area indicated by the
gin to which they would be entitled if                 appellation of origin; and (ii) The wine
such cellar treatment or blending took                 conforms to the requirements of the
place within the place or region of ori-               foreign laws and regulations governing
gin.                                                   the composition, method of production,
  (c) This section does not apply after                and designation of wines available for
December 31, 1982.                                     consumption within the country of ori-
                                                       gin.
[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as                (c) Multicounty appellations. An appel-
amended by T.D. 7185, 37 FR 7976, Apr. 22,             lation of origin comprising two or no
1972; T.D. ATF–201, 50 FR 12533, Mar. 29, 1985]
                                                       more than three counties in the same
§ 4.25a Appellations of origin.                        State may be used if all of the fruit or
                                                       other agricultural products were grown
   (a) Definition—(1) American wine. An                in the counties indicated, and the per-
American appellation of origin is: (i)                 centage of the wine derived from fruit
The United States; (ii) a State; (iii) two             or other agricultural products grown in
or no more than three States which are                 each county is shown on the label with
all contiguous; (iv) a county (which                   a tolerance of plus or minus two per-
must be identified with the word                       cent.
‘‘county’’, in the same size of type, and                 (d)    Multistate    appellation.    An
in letters as conspicuous as the name                  appelation of origin comprising two or
of the county); (v) two or no more than                no more than three States which are
three counties in the same States; or                  all contiguous may be used, if:
(vi) a viticultural area (as defined in                   (1) All of the fruit or other agricul-
paragraph (e) of this section).                        tural products were grown in the
   (2) Imported wine. An appellation of                States indicated, and the percentage of
origin for imported wine is: (i) A coun-               the wine derived from fruit or other ag-
try, (ii) a state, province, territory, or             ricultural products grown in each
similar political subdivision of a coun-               State is shown on the label with a tol-
try equivalent to a state or county; or                erance of plus or minus two percent;
(iii) a viticultural area.                                (2) it has been fully finished (except
   (b) Qualification—(1) American wine.                for cellar treatment pursuant to
An American wine is entitled to an ap-                 § 4.22(c), and blending which does not
pellation of origin other than a multi-                result in an alteration of class or type

                                                  23

                                                                                            HOME
§ 4.26                                                         27 CFR Ch. I (4–1–99 Edition)

under § 4.22(b)) in one of the labeled ap-           (ii) Not less than 85 percent of the
pellation States; (3) it conforms to the           wine is derived from grapes grown
laws and regulations governing the                 within     the   boundaries      of the
composition, method of manufacture,                viticultural area;
and designation of wines in all the                  (iii) In the case of foreign wine, it
States listed in the appellation.                  conforms to the requirements of the
  (e) Viticultural area—(1) Definition—(i)         foreign laws and regulations governing
American wine. A delimited grape grow-             the composition, method of production,
ing region distinguishable by geo-                 and designation of wines available for
graphical features, the boundaries of              consumption within the country of ori-
which have been recognized and defined             gin; and
in part 9 of this chapter.                           (iv) In the case of American wine, it
  (ii) Imported wine. A delimited place            has been fully finished within the
or region (other than an appellation de-           State, or one of the States, within
fined in paragraph (a)(2)(i) or (a)(2)(ii))        which the labeled viticultural area is
the boundaries of which have been rec-             located (except for cellar treatment
ognized and defined by the country of              pursuant to § 4.22(c), and blending
origin for use on labels of wine avail-            which does not result in an alteration
able for consumption within the coun-              of class and type under § 4.22(b)).
try of origin.                                       (4) Overlap viticultural area appella-
  (2)    Establishment      of    American
                                                   tions. An appellation of origin com-
viticultural areas. Petitions for estab-
                                                   prised of more than one viticultural
lishment of American viticultural
                                                   area may be used in the case of over-
areas may be made to the director by
                                                   lapping viticultural areas if not less
any interested party, pursuant to the
                                                   than 85 percent of the volume of the
provisions of § 71.41(c) of this title. The
                                                   wine is derived from grapes grown in
petition may be in the form of a letter,
                                                   the overlapping area.
and should contain the following infor-
mation:                                            [T.D. ATF–53, 43 FR 37675, Aug. 23, 1978, as
  (i) Evidence that the name of the                amended by T.D. ATF–84, 46 FR 29261, June 1,
viticultural area is locally and/or na-            1981; T.D. ATF–92, 46 FR 46912, Sept. 23, 1981;
tionally known as referring to the area            T.D. ATF–195, 50 FR 763, Jan. 7, 1985; T.D.
specified in the application; (ii) histor-         ATF–201, 50 FR 12533, Mar. 29, 1985; T.D.
                                                   ATF–222, 51 FR 3774, Jan. 30 1986; T.D. ATF–
ical or current evidence that the
                                                   312, 56 FR 31076, July 9, 1991; T.D. ATF–355, 59
boundaries of the viticultural area are            FR 14553, Mar. 29, 1994]
as specified in the application; (iii) evi-
dence relating to the geographical fea-            § 4.26   Estate bottled.
tures (climate, soil, elevation, physical
features, etc.) which distinguish the                (a) Conditions for use. The term Estate
viticultural features of the proposed              bottled may be used by a bottling win-
area from surrounding areas; (iv) the              ery on a wine label only if the wine is
specific boundaries of the viticultural            labeled with a viticultural area appel-
area, based on features which can be               lation of origin and the bottling win-
found on U.S. Geological Survey                    ery:
(U.S.G.S.) maps of the largest applica-              (1) Is located in the labeled
ble scale; and (v) a copy of the appro-            viticultural area; (2) grew all of the
priate U.S.G.S. map(s) with the bound-             grapes used to make the wine on land
aries    prominently      marked.      (For        owned or controlled by the winery
U.S.G.S. maps, write the U.S. Geologi-             within the boundaries of the labeled
cal Survey, Branch of Distribution,                viticultural area; (3) crushed the
Box 25286, Federal Center, Denver, Col-            grapes, fermented the resulting must,
orado 80225. If the map name is not                and finished, aged, and bottled the
known, request a map index by State.)              wine in a continuous process (the wine
  (3) Requirements for use. A wine may             at no time having left the premises of
be labeled with a viticultural area ap-            the bottling winery).
pellation if:                                        (b) Special rule for cooperatives. Grapes
  (i) The appellation has been approved            grown by members of a cooperative
under part 9 of this title or by the ap-           bottling winery are considered grown
propriate foreign government;                      by the bottling winery.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         § 4.28

  (c) Definition of ‘‘Controlled’’. For pur-        tainer of the product (showing a vin-
poses of this section, Controlled by re-            tage date); (3) if the invoice is accom-
fers to property on which the bottling              panied by, or the American bottler pos-
winery has the legal right to perform,              sesses, a certificate issued by a duly
and does perform, all of the acts com-              authorized official of the country of or-
mon to viticulture under the terms of a             igin (if the country of origin authorizes
lease or similar agreement of at least 3            the issuance of such certificates) certi-
years duration.                                     fying that the wine is of the vintage
  (d) Use of other terms. No term other
                                                    shown, that the laws of the country
than Estate bottled may be used on a
                                                    regulate the appearance of vintage
label to indicate combined growing and
bottling conditions.                                dates upon the labels of wine produced
                                                    for consumption within the country of
[T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as        origin, that the wine has been produced
amended by T.D. ATF–201, 50 FR 12533, Mar.
                                                    in conformity with those laws, and
29, 1985]
                                                    that the wine would be entitled to bear
§ 4.27 Vintage wine.                                the vintage date if it had been sold
   (a) General. Vintage wine is wine la-            within the country of origin.
beled with the year of harvest of the               [T.D. ATF–53, 43 FR 37676, Aug. 23, 1978, as
grapes and made in accordance with                  amended by T.D. ATF–195, 50 FR 763, Jan. 7,
the standards prescribed in classes 1, 2,           1985]
or 3 of § 4.21. At least 95 percent of the
wine must have been derived from                    § 4.28 Type designations       of   varietal
grapes harvested in the labeled cal-                     significance.
endar year, and the wine must be la-                  The following are type designations
beled with an appellation of origin                 of varietal significance for American
other than a country (which does not                wine. These names may be used as type
qualify for vintage labeling). The ap-              designations for American wines only
pellation shall be shown in direct con-
                                                    if the wine is labeled with an appella-
junction with the designation required
                                                    tion of origin as defined in § 4.25a.
by § 4.32(a)(2), in lettering substantially
as conspicuous as that designation. In                (a) Muscadine. An American wine
no event may the quantity of wine re-               which derives at least 75 percent of its
moved from the producing winery,                    volume from Muscadinia rotundifolia
under labels bearing a vintage date, ex-            grapes.
ceed the volume of vintage wine pro-                  (b) Muscatel. An American wine
duced in that winery during the year                which derives its predominant taste,
indicated by the vintage date.                      aroma, characteristics and at least 75
   (b) American wine. A permittee who               percent of its volume from any Muscat
produced and bottled or packed the                  grape source, and which meets the re-
wine, or a person other than the pro-               quirements of § 4.21(a)(3).
ducer who repackaged the wine in con-                 (c) Muscat or Moscato. An American
tainers of 5 liters (or 1-gallon before             wine which derives at least 75 percent
January 1, 1979) or less may show the               of its volume from any Muscat grape
year of vintage upon the label if the               source.
person possesses appropriate records                  (d) Scuppernong. An American wine
from the producer substantiating the                which derives at least 75 percent of its
year of vintage and the appellation of
                                                    volume      from    bronze     Muscadinia
origin; and if the wine is made in com-
                                                    rotundifolia grapes.
pliance with the provisions of para-
graph (a) of this section.                            (e)(1) Gamay Beaujolais. An American
   (c) Imported wine. Imported wine may             wine which derives at least 75 percent
bear a vintage date if: (1) It is made in           of its volume from Pinot noir grapes,
compliance with the provisions of para-                       ´
                                                    Valdiguie grapes, or a combination of
graph (a) of this section; (2) it is bot-           both.
tled in containers of 5 liters (or 1-gal-             (2) For wines bottled on or after Jan-
lon before January 1, 1979) or less prior           uary 1, 1999, and prior to April 9, 2007,
to importation, or bottled in the                   the name ‘‘Gamay Beaujolais’’ may be
United States from the original con-                used as a type designation only if there

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                                                                                          HOME
§ 4.30                                                          27 CFR Ch. I (4–1–99 Edition)

appears in direct conjunction there-                 or devices which are false or mis-
with, but on a separate line and sepa-               leading.
rated by the required appellation of or-               (b) Alteration of labels. (1) It shall be
igin, the name(s) of the grape variety               unlawful for any person to alter, muti-
or varieties used to satisfy the require-            late, destroy, obliterate or remove any
ments of paragraph (e)(1) of this sec-               mark, brand, or label upon wine held
tion. Where two varietal names are                   for sale in interstate or foreign com-
listed, they shall appear on the same                merce or after shipment therein, ex-
line, in order of predominance. The ap-              cept as authorized by Federal law, or
pellation of origin shall appear either              except as provided in paragraph (b)(2)
on a separate line between the name                  of this section: Provided, That the Re-
‘‘Gamay Beaujolais’’ and the grape va-               gional director (compliance) may, upon
riety name(s) or on the same line as                 written application, permit additional
the grape variety name(s) in a manner                labeling or relabeling of wine for pur-
that qualifies the grape variety                     poses of compliance with the require-
name(s). The following statement shall               ments of this part or of State law.
also appear on the brand or back label:                (2) No application for permission to
‘‘Gamay Beaujolais is made from at                   relabel wine need be made in any case
least 75 percent Pinot noir and/or                   where there is added to the container,
          ´
Valdiguie grapes.’’                                  after removal from customs custody or
  (3) The designation ‘‘Gamay Beaujo-                from the premises where bottled or
lais’’ may not be used on labels of                  packed, a label identifying the whole-
American wines bottled on or after                   sale or retail distributor thereof, and
April 9, 2007.                                       containing no reference whatever to
                                                     the characteristics of the product.
[T.D. ATF–370, 61 FR 539, Jan. 8, 1996, as
amended by T.D. ATF–388, 62 FR 16490, Apr.             CROSS REFERENCE: For customs warehouses
7, 1997; T.D. ATF–388a, 62 FR 33747, June 23,        and control of merchandise therein, see 19
1997]                                                CFR part 19.

                                                     § 4.32 Mandatory label information.
          Subpart D—Labeling
                                                        (a) There shall be stated on the brand
         Requirements for Wine                       label:
§ 4.30 General.                                         (1) Brand name, in accordance with
                                                     § 4.33.
  (a) Application. No person engaged in                 (2) Class, type, or other designation,
business as a producer, rectifier, blend-            in accordance with § 4.34.
er, importer, or wholesaler, directly or                (3) Alcohol content, in accordance
indirectly or through an affiliate, shall            with § 4.36.
sell or ship or deliver for sale or ship-               (4) On blends consisting of American
ment, or otherwise introduce in inter-               and foreign wines, if any reference is
state or foreign commerce, or receive                made to the presence of foreign wine,
therein, or remove from customs cus-                 the exact percentage by volume.
tody, any wine in containers unless                     (b) There shall be stated on any label
such wine is packaged, and such pack-                affixed to the container:
ages are marked, branded, and labeled                   (1) Name and address, in accordance
in conformity with this article. Wine                with § 4.35.
domestically bottled or packed prior to                 (2) Net contents, in accordance with
Dec. 15, 1936, and imported wine en-                 § 4.37. If the net contents is a standard
tered in customs bond in containers                  of fill other than an authorized metric
prior to that date shall be regarded as              standard of fill as prescribed in § 4.73,
being packaged, marked, branded and                  the net contents statement shall ap-
labeled in accordance with this article,             pear on a label affixed to the front of
if the labels on such wine (1) bear all              the bottle.
the mandatory label information re-                     (c) There shall be stated on the brand
quired by § 4.32, even though such infor-            label or on a back label a statement
mation is not set forth in the manner                that the product contains FD&C Yel-
and form as required by § 4.32 and other             low No. 5, where that coloring material
sections of this title referred to there-            is used in a product bottled on or after
in, and (2) bear no statements, designs,             October 6, 1984.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                           § 4.34

  (d) There shall be stated on a front or                (c) Trade name of foreign origin. This
back label, separate and apart from all                section shall not operate to prohibit
other information, the following state-                the use by any person of any trade
ment when saccharin is present in the                  name or brand of foreign origin not ef-
finished product: Use of this product                  fectively registered in the United
may be hazardous to your health. This                  States Patent Office on August 29, 1935,
product contains saccharin which has                   which has been used by such person or
been determined to cause cancer in lab-                his predecessors in the United States
oratory animals.                                       for a period of at least five years imme-
  (e) Declaration of sulfites. There shall             diately preceding August 29, 1935: Pro-
be stated on a front label, back label,                vided, That if such trade name or brand
strip label or neck label, the statement               is used, the designation of the product
‘‘Contains sulfites’’ or ‘‘Contains (a)                shall be qualified by the name of the
sulfiting agent(s)’’ or a statement iden-              locality in the United States in which
tifying the specific sulfiting agent                   produced, and such qualifications shall
where sulfur dioxide or a sulfiting                    be in script, type, or printing as con-
agent is detected at a level of 10 or                  spicuous as the trade name or brand.
more parts per million, measured as
total sulfur dioxide. The provisions of                § 4.34 Class and type.
this paragraph shall apply to:                            (a) The class of the wine shall be
  (1) Any certificate of label approval                stated in conformity with subpart C of
issued on or after January 9, 1987;                    this part if the wine is defined therein,
  (2) Any wine bottled on or after July                except that ‘‘table’’ (‘‘light’’) and ‘‘des-
9, 1987, regardless of the date of                     sert’’ wines need not be designated as
issuance of the certificate of label ap-               such. In the case of still grape wine
proval; and,                                           there may appear, in lieu of the class
  (3) Any wine removed on or after                     designation, any varietal (grape type)
January 9, 1988.                                       designation, type designation of vari-
(Paragraph (e) approved by the Office of               etal significance, semigeneric geo-
Management and Budget under Control No.                graphic type designation, or geographic
1512–0469)                                             distinctive designation, to which the
                                                       wine may be entitled. In the case of
[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as
amended by T.D. ATF–150, 48 FR 45556, Oct.             champagne, or crackling wines, the
6, 1983; T.D. ATF–195, 50 FR 763, Jan. 7, 1985;        type designation ‘‘champagne’’ or
T.D. ATF–220, 50 FR 51852, Dec. 20, 1985; T.D.         ‘‘crackling wine’’ (‘‘petillant wine’’,
ATF–236, 51 FR 34710, Sept. 30, 1986; T.D.             ‘‘frizzante wine’’) may appear in lieu of
ATF–282, 54 FR 7162, Feb. 16, 1989; T.D. ATF–          the class designation ‘‘sparkling wine’’.
312, 56 FR 31076, 31077, July 9, 1991]                 In the case of wine which has a total
                                                       solids content of more than 17 grams
§ 4.33 Brand names.                                    per 100 cubic centimeters the words
   (a) General. The product shall bear a               ‘‘extra sweet’’, ‘‘specially sweetened’’,
brand name, except that if not sold                    ‘‘specially sweet’’ or ‘‘sweetened with
under a brand name, then the name of                   excess sugar’’ shall be stated as a part
the person required to appear on the                   of the class and type designation. The
brand label shall be deemed a brand                    last of these quoted phrases shall ap-
name for the purpose of this part.                     pear where required by part 24 of this
   (b) Misleading brand names. No label                chapter, on wines sweetened with sugar
shall contain any brand name, which,                   in excess of the maximum quantities
standing alone, or in association with                 specified in such regulations. If the
other printed or graphic matter creates                class of the wine is not defined in sub-
any impression or inference as to the                  part C, a truthful and adequate state-
age, origin, identity, or other charac-                ment of composition shall appear upon
teristics of the product unless the Di-                the brand label of the product in lieu of
rector finds that such brand name, ei-                 a class designation. In addition to the
ther when qualified by the word                        mandatory designation for the wine,
‘‘brand’’ or when not so qualified, con-               there may be stated a distinctive or
veys no erroneous impressions as to                    fanciful name, or a designation in ac-
the age, origin, identity, or other char-              cordance with trade understanding. All
acteristics of the product.                            parts of the designation of the wine,

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                                                                                             HOME
§ 4.35                                                           27 CFR Ch. I (4–1–99 Edition)

whether mandatory or optional, shall                  the words ‘‘produced and bottled by,’’
be in direct conjunction and in let-                  or ‘‘produced and packed by.’’
tering substantially of the same size                   (2) If the bottler or packer has also
and kind.                                             either made or treated the wine, other-
   (b) An appellation of origin such as               wise than as described in paragraph
‘‘American,’’ ‘‘New York,’’ ‘‘Napa Val-               (a)(1) of this section, there may be stat-
ley,’’ or ‘‘Chilean,’’ disclosing the true            ed, in lieu of the words ‘‘Bottled by’’ or
place of origin of the wine, shall appear             ‘‘Packed by’’ the phrases ‘‘Blended and
in direct conjunction with and in let-                bottled (packed) by,’’ ‘‘Rectified and
tering substantially as conspicuous as                bottled (packed) by.’’ ‘‘Prepared and
the class and type designation if:                    bottled (packed) by,’’ ‘‘Made and bot-
   (1) A varietal (grape type) designa-               tled (packed) by,’’ as the case may be,
tion is used under the provisions of                  or, in the case of imitation wine only,
§ 4.23;                                               ‘‘Manufactured and bottled (packed)
   (2) A type designation of varietal sig-            by.’’
nificance is used under the provisions                  (3) In addition to the name of the
of § 4.28;                                            bottler or packer and the place where
                                                      bottled or packed (but not in lieu
   (3) A semi-generic type designation is
                                                      thereof) there may be stated the name
employed as the class and type des-
                                                      and address of any other person for
ignation of the wine pursuant to
                                                      whom such wine is bottled or packed,
§ 4.24(b);
                                                      immediately preceded by the words
   (4) A product name is qualified with
                                                      ‘‘Bottled for’’ or ‘‘Packed for’’ or ‘‘Dis-
the word ‘‘Brand’’ under the require-
                                                      tributed by’’ or other similar state-
ments of § 4.39 (j); or
                                                      ment; or the name and principal place
   (5) The wine is labeled with the year              of business of the rectifier, blender, or
of harvest of the grapes, and otherwise               maker, immediately preceded by the
conforms with the provisions of § 4.27.               words ‘‘Rectified by,’’ ‘‘Blended by’’ or
The appellation of origin for vintage                 ‘‘Made by,’’ respectively, or, in the case
wine shall be other than a country.                   of imitation wine only, ‘‘Manufactured
[T.D. ATF–53, 43 FR 37677, Aug. 23, 1978; T.D.        by.’’
ATF–48, 44 FR 55839, Sept. 28, 1979, as amend-          (b) Imported wine. On labels of con-
ed by T.D. ATF–195, 50 FR 763, Jan. 7, 1985;          tainers of imported wine, there shall be
T.D. ATF–229, 51 FR 20482, June 5, 1986; T.D.         stated the words ‘‘Imported by’’ or a
ATF–312, 56 FR 31077, July 9, 1991; T.D. ATF–         similar appropriate phrase, and imme-
370, 61 FR 539, Jan. 8, 1996]                         diately thereafter the name of the per-
                                                      mittee who is the importer, agent, sole
§ 4.35 Name and address.
                                                      distributor, or other person responsible
  (a) American wine. On labels of con-                for the importation, together with the
tainers of American wine, there shall                 principal place of business in the
be stated the name of the bottler or                  United States of such person. In addi-
packer and the place where bottled or                 tion, but not in lieu thereof, there may
packed (or until January 1, 1985, in lieu             be stated the name and principal place
of such place, the principal place of                 of business of the foreign producer,
business of the bottler or packer if in               blender, rectifier, maker, bottler, pack-
the same State where the wine was                     er, or shipper, preceded by the phrases
bottled or packed, and, if bottled or                 ‘‘Produced by,’’ ‘‘Blended by,’’ ‘‘Rec-
packed on bonded premises, the AFT                    tified by,’’ ‘‘Made by,’’ ‘‘Bottled by,’’
registry number of the premises) im-                  ‘‘Packed by,’’ ‘‘Shipped by,’’ respec-
mediately preceded by the words ‘‘bot-                tively, or, in the case of imitation wine
tled by’’ or ‘‘packed by’’ except that:               only, ‘‘Manufactured by.’’
  (1) If the bottler or packer is also the              (1) If the wine is bottled or packed in
person who made not less than 75 per-                 the United States, there shall be stat-
cent of such wine by fermenting the                   ed, in addition, the name of the bottler
must and clarifying the resulting wine,               or packer and the place where bottled
or if such person treated the wine in                 or packed immediately preceded by the
such manner as to change the class                    words ‘‘bottled by’’ or ‘‘packed by’’ ex-
thereof, there may be stated, in lieu of              cept that if the wine is bottled or
the words ‘‘bottled by’’ or ‘‘packed by,’’            packed in the United States for the

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                      § 4.35a

person responsible for the importation            tical with a name appearing on the
there may be stated, in lieu of the               basic permit or notice.
above-required statements, the name                 (e) This section does not apply after
and principal place of business in the            July 27, 1994.
United States of such person, imme-               [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as
diately preceded by the phrase ‘‘im-              amended by T.D. 7185, 37 FR 7976, Apr. 22,
ported by and bottled (packed) in the             1972; T.D. ATF–53, 43 FR 37677, Aug. 23, 1978;
United States for’’ (or a similar appro-          T.D. ATF–126, 48 FR 2764, Jan. 21, 1983; T.D.
priate phrase). If, however, the wine is          ATF–194, 50 FR 759, Jan. 7, 1985; T.D. ATF–
bottled or packed in the United States            209, 50 FR 27821, July 8, 1985T.D. ATF–328, 57
                                                  FR 33114, July 27, 1992]
by the person responsible for the im-
portation there may be stated, in lieu            § 4.35a    Name and address.
of the above-required statements, the
name and principal place of business in              (a) American wine—(1) Mandatory
the United States of such person, im-             statement. A label on each container of
mediately preceded by the phrase ‘‘Im-            American wine shall state either ‘‘bot-
ported and bottled (packed) by’’ or a             tled by’’ or ‘‘packed by’’ followed by
similar appropriate phrase.                       the name of the bottler or packer and
                                                  the address (in accordance with para-
  (2) If the wine is blended, bottled, or
                                                  graph (c)) of the place where the wine
packed in a foreign country other than
                                                  was bottled or packed. Other words
the country of origin and the country
                                                  may also be stated in addition to the
of origin is stated or otherwise indi-
                                                  required words ‘‘bottled by’’ or
cated on the label, there shall also be
                                                  ‘‘packed by’’ and the required name
stated the name of the bottler, packer,
                                                  and address if the use of such words is
or blender, and the place where bottled,
                                                  in accordance with paragraph (a)(2) of
packed, or blended, immediately pre-
                                                  this section.
ceded by the words ‘‘Bottled by’’,
                                                     (2) Optional statements. (i) In addition
‘‘Packed by’’, ‘‘Blended by’’, or other           to the statement required by paragraph
appropriate statement.                            (a)(1), the label may also state the
  (c) Form of address. The ‘‘place’’ stat-        name and address of any other person
ed shall be the post office address               for whom the wine was bottled or
(after December 31, 1984, the post office         packed, immediately preceded by the
address shall be the address shown on             words ‘‘bottled for’’ or ‘‘packed for’’ or
the basic permit or other qualifying              ‘‘distributed by.’’
document of the premises at which the                (ii) The words defined in paragraphs
operations took place; and there shall            (a)(2)(iii)–(a)(2)(vi) may be used, in ac-
be shown the address for each oper-               cordance with the definitions given, in
ation which is designated on the label.           addition to the name and address state-
An example of such use would be ‘‘Pro-            ment required by paragraph (a)(1). Use
duced at Gilroy, California, and bottled          of these words may be conjoined, using
at San Mateo, California, by XYZ Win-             the word ‘‘and’’, and with the words
ery’’), except that the street address            ‘‘bottled by’’ or ‘‘packed by’’ only if
may be omitted. No additional places              the same person performed the defined
or addresses shall be stated for the              operation at the same address. More
same person unless (1) such person is             than one name is necessary if the de-
actively engaged in the conduct of an             fined operation was performed by a per-
additional bona fide and actual alco-             son other than the bottler or packer
holic beverage business at such addi-             and more than one address statement
tional place or address, and (2) the              is necessary if the defined operation
label also contains in direct conjunc-            was performed at a different address.
tion therewith, appropriate descriptive              (iii) Produced or Made means that the
material indicating the function occur-           named winery:
ring at such additional place or address             (A) Fermented not less than 75% of
in connection with the particular prod-           such wine at the stated address, or
uct.                                                 (B) Changed the class or type of the
  (d) Trade or operating names. The               wine by addition of alcohol, brandy,
trade or operating name of any person             flavors,       colors,    or      artificial
appearing upon any label shall be iden-           carbonation at the stated address, or

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                                                                                         HOME
§ 4.36                                                        27 CFR Ch. I (4–1–99 Edition)

   (C) Produced sparkling wine by sec-             name and address of the principal place
ondary fermentation at the stated ad-              of business of the foreign producer.
dress.                                             Other words, or their English-language
   (iv) Blended means that the named               equivalents, denoting winemaking op-
winery mixed the wine with other                   erations may be used in accordance
wines of the same class and type at the            with the requirements of the country
stated address.                                    of origin, for wines sold within the
   (v) Cellared, Vinted or Prepared means          country of origin.
that the named winery, at the stated                 (c) Form of address. The ‘‘place’’ stat-
address, subjected the wine to cellar              ed shall be the post office address
treatment in accordance with § 4.22(c).            shown on the basic permit or other
   (b) Imported wine—(1) Mandatory                 qualifying document of the premises at
statements. (i) A label on each container          which the operations took place; and
of imported wine shall state ‘‘imported            there shall be shown the address for
by’’ or a similar appropriate phrase,              each operation which is designated on
followed immediately by the name of                the label. An example of such use
the importer, agent, sole distributor,             would be ‘‘Produced at Gilroy, Cali-
or other person responsible for the im-            fornia, and bottled at San Mateo, Cali-
portation, followed immediately by the             fornia, by XYZ Winery,’’ except that
address of the principal place of busi-            the street address may be omitted. No
ness in the United States of the named             additional places or addresses shall be
person.                                            stated for the same person unless:
   (ii) If the wine was bottled or packed            (1) Such person is actively engaged in
in the United States, the label shall              the conduct of an additional bona fide
also state one of the following:                   and actual alcoholic beverage business
   (A) ‘‘Bottled by’’ or ‘‘packed by’’ fol-        at such additional place or address, and
lowed by the name of the bottler or                  (2) The label also contains in direct
packer and the address (in accordance              conjunction therewith, appropriate de-
with paragraph (c)) of the place where             scriptive material indicating the func-
the wine was bottled or packed; or                 tion occurring at such additional place
   (B) If the wine was bottled or packed           or address in connection with the par-
for the person responsible for the im-             ticular product.
portation, the words ‘‘imported by and               (d) Trade or operating names. The
bottled (packed) in the United States              trade or operating name of any person
for’’ (or a similar appropriate phrase)            appearing upon any label shall be iden-
followed by the name and address of                tical with a name appearing on the
the principal place of business in the             basic permit or other qualifying docu-
United States of the person responsible            ment.
for the importation; or                              (e) The provisions of this section are
   (C) If the wine was bottled or packed           optional until they become mandatory
by the person responsible for the im-              July 27, 1994.
portation, the words ‘‘imported and                [T.D. ATF–328, 57 FR 33114, July 27, 1992; 57
bottled (packed) by’’ followed by the              FR 37591, Aug. 19, 1992]
name and address of the principal place
of business in the United States of the            § 4.36 Alcoholic content.
person responsible for the importation.               (a) Alcoholic content shall be stated
   (iii) If the wine was blended, bottled          in the case of wines containing more
or packed in a foreign country other               than 14 percent of alcohol by volume,
than the country of origin, and the                and, in the case of wine containing 14
label identifies the country of origin,            percent or less of alcohol by volume,
the label shall state ‘‘blended by,’’              either the type designation ‘‘table’’
‘‘bottled by,’’ or ‘‘packed by,’’ or other         wine (‘‘light’’ wine) or the alcoholic
appropriate statement, followed by the             content shall be stated. Any statement
name of the blender, bottler or packer             of alcoholic content shall be made as
and the place where the wine was                   prescribed in paragraph (b) of this sec-
blended, bottled or packed.                        tion.
   (2) Optional statements. In addition to            (b) Alcoholic content shall be stated
the statements required by paragraph               in terms of percentage of alcohol by
(b) (1), the label may also state the              volume, and not otherwise, as provided

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                          § 4.37

in either paragraph (b)(1) or (2) of this         § 4.37   Net contents.
section:
   (1) ‘‘Alcohol      % by volume,’’ or             (a) Statement of net contents. The net
similar appropriate phrase; Provided,             contents of wine for which a standard
that if the word ‘‘alcohol’’ and/or ‘‘vol-        of fill is prescribed in § 4.73 shall be
ume’’ are abbreviated, they shall be              stated in the same manner and form as
shown as ‘‘alc.’’ (alc) and/or ‘‘vol.’’           set forth in the standard of fill. The net
(vol), respectively. Except as provided           content of wine for which no standard
in paragraph (c) of this section, a toler-        of fill is prescribed in § 4.73 shall be
ance of 1 percent, in the case of wines           stated in the metric system of measure
containing more than 14 percent of al-            as follows:
cohol by volume, and of 1.5 percent, in             (1) If more than one liter, net con-
the case of wines containing 14 percent           tents shall be stated in liters and in
or less of alcohol by volume, will be             decimal portions of a liter accurate to
permitted either above or below the               the nearest one-hundredth of a liter.
stated percentage.                                  (2) If less than one liter, net contents
   (2) ‘‘Alcohol     % to      % by vol-          shall be stated in milliliters (ml).
ume,’’ or similar appropriate phrase;
                                                    (b) Statement of U.S. equivalent net
Provided, that if the word ‘‘alcohol’’
and/or ‘‘volume’’ are abbreviated, they           contents. When net contents of wine are
shall be shown as ‘‘alc.’’ (alc) and/or           stated in metric measure, the equiva-
‘‘vol.’’ (vol), respectively. Except as           lent volume in U.S. measure may also
provided in paragraph (c) of this sec-            be shown. If shown, the U.S. equivalent
tion, a range of not more than 2 per-             volume will be shown as follows:
cent, in the case of wines containing               (1) For the metric standards of fill: 3
more than 14 percent of alcohol by vol-           liters (101 fl. oz.); 1.5 liters (50.7 fl. oz.);
ume, and of not more than 3 percent, in           1 liter (33.8 fl. oz.); 750 ml (25.4 fl. oz.);
the case of wines containing 14 percent           500 ml (16.9 fl. oz.); 375 ml (12.7 fl. oz.);
or less of alcohol by volume, will be             187 ml (6.3 fl. oz.); 100 ml (3.4 fl. oz.);
permitted between the minimum and                 and 50 ml (1.7 fl. oz.).
maximum percentages stated, and no                  (2) Equivalent volumes of less than
tolerances will be permitted either               100 fluid ounces will be stated in fluid
below such minimum or above such                  ounces only, accurate to the nearest
maximum.                                          one-tenth of a fluid ounce; for example,
   (c) Regardless of the type of state-           700 ml (23.7 fl. oz.).
ment used and regardless of tolerances              (3) Equivalent volumes of 100 fluid
normally permitted in direct state-               ounces or more will be stated in fluid
ments and ranges normally permitted               ounces only, accurate to the nearest
in maximum and minimum state-
                                                  whole fluid ounce; for example, 6 liters
ments, alcoholic content statements,
                                                  (203 fl. oz.).
whether required or optional, shall
definitely and correctly indicate the               (c) Net contents marked in bottle. The
class, type and taxable grade of the              net contents need not be stated on any
wine so labeled and nothing in this sec-          label if the net contents are displayed
tion shall be construed as authorizing            by having the same blown, etched,
the appearance upon the labels of any             sand-blasted, marked by underglaze
wine of an alcoholic content statement            coloring, or otherwise permanently
in terms of maximum and minimum                   marked by any method approved by the
percentages which overlaps a pre-                 Director, in the sides, front, or back of
scribed limitation on the alcoholic con-          the bottle, in letters and figures in
tent of any class, type, or taxable               such manner as to be plainly legible
grade of wine, or a direct statement of           under ordinary circumstances, and
alcoholic content which indicates that            such statement is not obscured in any
the alcoholic content of the wine is              manner in whole or in part.
within such a limitation when in fact               (d) Tolerances. Statement of net con-
it is not.                                        tents shall indicate exactly the volume
[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as        of wine within the container, except
amended by T.D. ATF–275, 53 FR 27046, July        that the following tolerances shall be
18, 1988]                                         allowed:

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                                                                                           HOME
§ 4.38                                                          27 CFR Ch. I (4–1–99 Edition)

  (1) Discrepancies due exclusively to               the alcoholic content statement, shall
errors in measuring which occur in fill-             not be smaller than 1 millimeter, ex-
ing conducted in compliance with good                cept that if contained among other de-
commercial practice.                                 scriptive or explanatory information,
  (2) Discrepancies due exclusively to               the script, type, or printing of the
differences in the capacity of con-                  mandatory information shall be of a
tainers, resulting solely from unavoid-              size substantially more conspicuous
able difficulties in manufacturing such              than that of the descriptive or explana-
containers so as to be of uniform ca-                tory information.
pacity: Provided, That no greater toler-                (3) Alcoholic content statements
ance shall be allowed in case of con-                shall not appear in script, type, or
tainers which, because of their design,              printing larger or more conspicuous
cannot be made of approximately uni-                 than 3 millimeters nor smaller than 1
form capacity than is allowed in case                millimeter on labels of containers hav-
of containers which can be manufac-                  ing a capacity of 5 liters or less and
tured so as to be of approximately uni-              shall not be set off with a border or
form capacity.                                       otherwise accentuated.
  (3) Discrepancies in measure due to                   (c) English language. All mandatory
differences in atmospheric conditions                label information shall be stated on la-
in various places and which unavoid-                 bels in the English language, except
ably result from the ordinary and cus-               that the brand name, the place of pro-
tomary exposure of alcoholic beverages               duction, and the name of the manufac-
in containers to evaporation. The rea-               turer, producer, blender, bottler, pack-
sonableness to discrepancies under this              er, or shipper appearing on the label
paragraph shall be determined on the                 need not be in the English language if
facts in each case.                                  the words ‘‘product of’’ immediately
  (e) Unreasonable shortages. Unreason-              precede the name of the country of ori-
able shortages in certain of the con-                gin stated in accordance with customs
tainers in any shipment shall not be                 requirements. Additional statements in
compensated by overages in other con-                foreign languages may be made on la-
tainers in the same shipment.                        bels, if they do not in any way conflict
[T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as         with, or contradict the requirements of
amended by T.D. ATF–49, 43 FR 19848, May 9,          §§ 4.30 through 4.39.
1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981;            (d) Location of label. Labels shall not
T.D. ATF–303, 55 FR 42713, Oct. 23, 1990]            obscure Government stamps nor be ob-
                                                     scured thereby.
§ 4.38 General requirements.                            (e) Labels firmly affixed. All labels
   (a) Legibility. All labels shall be so de-        shall be affixed to containers of wine in
signed that all the statements thereon               such manner that they cannot be re-
required by §§ 4.30 through 4.39 are read-           moved without thorough application of
ily legible under ordinary conditions,               water or other solvents.
and all such statement shall be on a                    (f) Additional information on labels.
contrasting background.                              Labels may contain information other
   (b) Size of type. (1) Containers of more          than the mandatory label information
than 187 milliliters. All mandatory in-              required by §§ 4.30 through 4.39, if such
formation required on labels by this                 information complies with the require-
part, except the alcoholic content                   ments of such sections and does not
statement, shall be in script, type, or              conflict with, nor in any manner qual-
printing not smaller than 2 millime-                 ify statements required by this part. In
ters; except that if contained among                 addition, information which is truth-
other descriptive or explanatory infor-              ful, accurate, and specific, and which is
mation, the script, type, or printing of             neither disparaging nor misleading
the mandatory information shall be of                may appear on wine labels.
a size substantially more conspicuous                   (g) Representations as to materials. If
than that of the descriptive or explana-             any representation (other than rep-
tory information.                                    resentations or information required
   (2) Containers of 187 milliliters or              by §§ 4.30 through 4.39 or percentage
less. All mandatory information re-                  statements required or permitted by
quired on labels by this part, except                this part) is made as to the presence,

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                        § 4.39

excellence, or other characteristic of                § 4.39 Prohibited practices.
any ingredient in any wine, or used in                   (a) Statements on labels. Containers of
its production, the label containing                  wine, or any label on such containers,
such representation shall state, in                   or any individual covering, carton, or
print, type, or script, substantially as              other wrapper of such container, or any
conspicuous as such representation,                   written, printed, graphic, or other mat-
the name and amount in percent by                     ter accompanying such container to
volume of each such ingredient.                       the consumer shall not contain:
  (h) Statement of contents of containers.               (1) Any statement that is false or un-
Upon request of the Director, there                   true in any particular, or that, irre-
shall be submitted a full and accurate                spective of falsity, directly, or by am-
statement of the contents of the con-                 biguity, omission, or inference, or by
tainers to which labels are to be or                  the addition of irrelevant, scientific or
have been affixed.                                    technical matter, tends to create a
[T.D. ATF–53, 43 FR 37677, Aug. 23, 1978, as          misleading impression.
amended by T.D. ATF–66, 45 FR 40544, June                (2) Any statement that is disparaging
13, 1980; T.D. ATF–94, 46 FR 55095, Nov. 6,           of a competitor’s products.
1981; T.D. ATF–249, 52 FR 5955, Feb. 27, 1987;           (3) Any statement, design, device, or
T.D. ATF–275, 53 FR 27046, July 18, 1988; T.D.        representation which is obscene or in-
ATF–312, 56 FR 31077, July 9, 1991]
                                                      decent.
§ 4.38a Bottle cartons, booklets and                     (4) Any statement, design, device, or
     leaflets.                                        representation of or relating to anal-
                                                      yses, standards, or tests, irrespective of
   (a) General. An individual covering,
                                                      falsity, which the Director finds to be
carton, or other container of the bottle
                                                      likely to mislead the consumer.
used for sale at retail (other than a                    (5) Any statement, design, device or
shipping container), or any written,                  representation of or relating to any
printed, graphic, or other matter ac-                 guarantee, irrespective of falsity,
companying the bottle to the consumer                 which the Director finds to be likely to
buyer shall not contain any statement,                mislead the consumer. Money-back
design, device, or graphic, pictorial, or             guarantees are not prohibited.
emblematic representation that is pro-                   (6) A trade or brand name that is the
hibited by §§ 4.30 through 4.39 on labels.            name of any living individual of public
   (b) Sealed cartons. If bottles are en-             prominence, or existing private or pub-
closed in sealed opaque coverings, car-               lic organization, or is a name that is in
tons, or other containers used for sale               simulation or is an abbreviation there-
at retail (other than a shipping con-                 of, or any graphic, pictorial, or em-
tainer), such coverings, cartons, or                  blematic representation of any such in-
other containers must bear all manda-                 dividual or organization, if the use of
tory label information.                               such name or representation is likely
   (c) Other cartons. (1) If an individual            falsely to lead the consumer to believe
covering, carton, or other container of               that the product has been endorsed,
the bottle used for sale at retail (other             made, or used by, or produced for, or
than a shipping container) is so de-                  under the supervision of, or in accord-
signed that the bottle is readily remov-              ance with the specifications of, such in-
able, it may display any information                  dividual or organization; Provided,
which is not in conflict with the label               That this paragraph shall not apply to
on the bottle contained therein.                      the use of the name of any person en-
   (2) Cartons displaying brand names                 gaged in business as a producer, blend-
and/or designations must display such                 er, rectifier, importer, wholesaler, re-
names and designations in their en-                   tailer, bottler, or warehouseman of
tirety—brand names required to be                     wine, nor to the use by any person of a
modified, e.g. by ‘‘Brand’’ or ‘‘Product              trade or brand name that is the name
of U.S.A.’’, must also display such                   of any living individual of public prom-
modification.                                         inence or existing private or public or-
   (3) Wines for which a truthful and                 ganization, provided such trade or
adequate statement of composition is                  brand name was used by him or his
required must display such statement.                 predecessors in interest prior to Au-
[T.D. ATF–36, 41 FR 47425, Oct. 29, 1976]             gust 29, 1935.

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                                                                                          HOME
§ 4.39                                                         27 CFR Ch. I (4–1–99 Edition)

   (7) Any statement, design, device, or            not be deemed to be a representation
representation (other than a statement              relative to age, if such statement ap-
of alcohol content in conformity with               pears in lettering not greater than 8-
§ 4.36), which tends to create the im-              point Gothic caps and in the following
pression that a wine:                               form: ‘‘Bottled in       ’’ (inserting the
   (i) Contains distilled spirits;                  year in which the wine was bottled).
   (ii) Is comparable to a distilled spirit;          (d) Statement of miscellaneous dates.
or                                                  No date, except as provided in para-
   (iii) Has intoxicating qualities.                graphs (b) and (c) of this section with
However, if a statement of composition              respect to statement of vintage year
is required to appear as the designation            and bottling date, shall be stated on
of a product not defined in these regu-             any label unless in addition thereto
lations, such statement of composition              and in direct conjunction therewith in
may include a reference to the type of              the same size and kind of printing,
distilled spirits contained therein.                there shall be stated an explanation of
   (8) Any coined word or name in the               the significance thereof such as ‘‘estab-
brand name or class and type designa-               lished’’ or ‘‘founded in’’. If any such
tion which simulates, imitates, or                  date refers to the date of establishment
which tends to create the impression                of any business or brand name, it shall
that the wine so labeled is entitled to             not be stated, in the case of containers
bear, any class, type, or permitted des-            of a capacity of 5 liters or less, in any
ignation recognized by the regulations              script, type, or printing larger than 2
in this part unless such wine conforms              millimeters, and shall be stated in di-
to the requirements prescribed with re-             rect conjunction with the name of the
spect to such designation and is in fact            person, company, or brand name to
so designated on its labels.                        which it refers if the Director finds
   (9) Any word in the brand name or                that this is necessary in order to pre-
class and type designation which is the             vent confusion as to the person, com-
name of a distilled spirits product or              pany, or brand name to which the es-
which simulates, imitates, or created               tablishment date is applicable.
the impression that the wine so labeled               (e) Simulation of Government stamps.
is, or is similar to, any product cus-              (1) No labels shall be of such design as
tomarily made with a distilled spirits              to resemble or simulate a stamp of the
base. Examples of such words are:                   United States Government or any
‘‘Manhattan,’’        ‘‘Martini,’’      and         State or foreign government. No label,
‘‘Daquiri’’ in a class and type designa-            other than stamps authorized or re-
tion or brand name of a wine cocktail;              quired by the United States Govern-
‘‘Cuba Libre,’’ ‘‘Zombie,’’ and ‘‘Collins’’         ment or any State or foreign govern-
in a class and type designation or                  ment, shall state or indicate that the
brand name of a wine specialty or wine              wine contained in the labeled container
highball; ‘‘creme,’’ ‘‘cream,’’ ‘‘de,’’ or          is produced, blended, bottled, packed,
‘‘of’’ when used in conjunction with                or sold under, or in accordance with,
‘‘menthe,’’ ‘‘mint,’’ or ‘‘cacao’’ in a             any municipal, State or Federal Gov-
class and type designation or a brand               ernment authorization, law, or regula-
name of a mint or chocolate flavored                tion, unless such statement is required
wine specialty.                                     or specifically authorized by Federal,
   (b) Statement of age. No statement of            State or municipal law or regulation,
age or representation relative to age               or is required or specifically authorized
(including words or devices in any                  by the laws or regulations of a foreign
brand name or mark) shall be made, ex-              country. If the municipal, State, or
cept (1) for vintage wine, in accordance            Federal Government permit number is
with the provisions of § 4.27; (2) ref-             stated upon a label, it shall not be ac-
erences relating to methods of wine                 companied by any additional state-
production involving storage or aging               ment relating thereto.
in accordance with § 4.38(f); or (3) use of           (2) Bonded wine cellar and bonded
the word ‘‘old’’ as part of a brand                 winery numbers may be stated but
name.                                               only in direct conjunction with the
   (c) Statement of bottling dates. The             name and address of the person oper-
statement of any bottling date shall                ating such wine cellar or winery.

                                               34

                                                                                        HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                      § 4.39

Statement of bonded wine cellar or                  torial representation which the Direc-
winery numbers may be made in the                   tor finds relates to, or is capable of
following form: ‘‘Bonded Wine Cellar                being construed as relating to, the
No.       ’’, ‘‘Bonded Winery No.       ’’,         armed forces of the United States, or
‘‘B. W. C. No.       ’’, ‘‘B. W. No.    ’’.         the American flag, or any emblem,
No additional reference thereto shall               seal, insignia, or decoration associated
be made, nor shall any use be made of               with such flag or armed forces; nor
such statement that may convey the                  shall any label contain any statement,
impression that the wine has been                   design, device, or pictorial representa-
made or matured under Government                    tion of or concerning any flag, seal,
supervision or in accordance with Gov-              coat of arms, crest or other insignia,
ernment specifications or standards.                likely to mislead the consumer to be-
  (3) If imported wines are covered by a            lieve that the product has been en-
certificate of origin and/or a certificate          dorsed, made, or used by, or produced
of vintage date issued by a duly au-                for, or under the supervision of, or in
thorized official of the appropriate for-           accordance with the specifications of
eign government, the label, except                  the government, organization, family,
where prohibited by the foreign govern-             or individual with whom such flag,
ment, may refer to such certificate or              seal, coat of arms, crest, or insignia is
the fact of such certification, but shall           associated.
not be accompanied by any additional                  (h) Curative and therapeutic claims.
statements relating thereto. The ref-               Labels shall not contain any state-
erence to such certificate or certifi-              ment, design, representation, pictorial
cation shall be substantially in the fol-           representation, or device representing
lowing form:                                        that the use of wine has curative or
  This product accompanied at the time of
                                                    therapeutic effects if such statement is
the importation by a certificate issued by          untrue in any particular or tends to
the                                                 create a misleading impression.
                                                      (i) Geographic brand names. (1) Except
           (Name of government)                     as provided in subparagraph 2, a brand
                                                    name of viticultural significance may
 government indicating that the product is          not be used unless the wine meets the
                                                    appellation of origin requirements for
   (Class and type as stated on the label)          the geographic area named.
  and (if label bears a statement of vintage          (2) For brand names used in existing
date) that the wine is of the vintage of            certificates of label approval issued
                                                    prior to July 7, 1986:
    (Year of vintage stated on the label)             (i) The wine shall meet the appella-
                                                    tion of origin requirements for the geo-
  (f) Use of the word ‘‘Importer’’, or simi-        graphic area named; or
lar words. The word Importer, or similar              (ii) The wine shall be labeled with an
words, shall not be stated on labels on             appellation of origin in accordance
containers of domestic wine except as               with § 4.34(b) as to location and size of
part of the bona fide name of a per-                type of either:
mittee for or by whom, or of a retailer               (A) A county or a viticultural area, if
for whom, such wine is bottled, packed              the brand name bears the name of a ge-
or distributed: Provided, That in all               ographic area smaller than a state, or;
cases where such words are used as part               (B) A state, county or a viticultural
of such name, there shall be stated on              area, if the brand name bears a state
the same label the words ‘‘Product of               name; or
the United States’’, or similar words to              (iii) The wine shall be labeled with
negative any impression that the prod-              some other statement which the Direc-
uct is imported, and such negative                  tor finds to be sufficient to dispel the
statement shall appear in the same size             impression that the geographic area
and kind of printing as such name.                  suggested by the brand name is indic-
  (g) Flags, seals, coats of arms, crests,          ative of the origin of the wine.
and other insignia. Labels shall not con-             (3) A name has viticultural signifi-
tain, in the brand name or otherwise,               cance when it is the name of a state or
any statement, design, device, or pic-              county (or the foreign equivalents),

                                               35

                                                                                       HOME
§ 4.40                                                        27 CFR Ch. I (4–1–99 Edition)

when approved as a viticultural area in           named     vineyard,    orchard,     farm    or
part 9 of this chapter, or by a foreign           ranch.
government, or when found to have                 [T.D. 6521, 25 FR 13841, Dec. 29, 1960, as
viticultural significance by the Direc-           amended by T.D. ATF–53, 43 FR 37678, Aug.
tor.                                              23, 1978; T.D. ATF–94, 46 FR 55095, Nov. 6,
  (j) Product names of geographical sig-          1981; T.D. ATF–126, 48 FR 2764, Jan. 21, 1983;
nificance (not mandatory before January           T.D. ATF–180, 49 FR 31671, Aug. 8, 1984; T.D.
                                                  ATF–229, 51 FR 20482, June 5, 1986; 51 FR
1, 1983). The use of product names with
                                                  21547, June 13, 1986; T.D. ATF–355, 59 FR
specific geographical significance is             14553, Mar. 29, 1994]
prohibited unless the Director finds
that because of their long usage, such
                                                  Subpart E—Requirements for With-
names are recognized by consumers as
fanciful product names and not rep-
                                                     drawal of Wine From Customs
resentations as to origin. In such cases             Custody
the product names shall be qualified              § 4.40   Label approval and release.
with the word ‘‘brand’’ immediately
following the product name, in the                  (a) Certificate of label approval. No im-
                                                  ported beverage wine in containers
same size of type, and as conspicuous
                                                  shall be released from U.S. Customs
as the product name itself. In addition,
                                                  custody for consumption unless there
the label shall bear an appellation of
                                                  is deposited with the appropriate Cus-
origin under the provisions of § 4.34(b),         toms officer at the port of entry the
and, if required by the Director, a               original or a photostatic copy of an ap-
statement      disclaiming    the    geo-         proved certificate of label approval,
graphical reference as a representation           ATF Form 5100.31.
as to the origin of the wine.                       (b) If the original or photostatic copy
  (k) Other indications of origin. Other          of ATF Form 5100.31 has been approved,
statements, designs, devices or rep-              the brand or lot of imported wine bear-
resentations which indicate or infer an           ing labels identical with those shown
origin other than the true place of ori-          thereon may be released from U.S. Cus-
gin of the wine are prohibited.                   toms custody.
  (l) Foreign terms. Foreign terms                  (c) Relabeling. Imported wine in U.S.
which: (1) Describe a particular condi-           Customs custody which is not labeled
tion of the grapes at the time of har-            in conformity with certificates of label
vest (such as ‘‘Auslese,’’ ‘‘Eiswein,’’           approval issued by the Director must
and ‘‘Trockenbeerenauslese’’); or (2) de-         be relabeled prior to release under the
note quality under foreign law (such as           supervision and direction of Customs
‘‘Qualitatswein’’ and ‘‘Kabinett’’) may           officers of the port at which the wine is
not be used on the labels of American             located.
wine.                                               (d) Cross reference. For procedures re-
                                                  garding the issuance, denial, and rev-
  (m) Use of a vineyard, orchard, farm or
                                                  ocation of certificates of label ap-
ranch name. When used in a brand
                                                  proval, as well as appeal procedures,
name, a vineyard, orchard, farm or                see part 13 of this chapter.
ranch name having geographical or
viticultural significance is subject to           [T.D. ATF–66, 45 FR 40546, June 13, 1980, as
the requirements of §§ 4.33(b) and 4.39(i)        amended by T.D. ATF–94, 46 FR 55095, Nov. 6,
                                                  1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986;
of this part. Additionally, the name of           T.D. ATF–359, 59 FR 42160, Aug. 17, 1994; T.D.
a vineyard, orchard, farm or ranch                ATF–406, 64 FR 2128, Jan. 13, 1999]
shall not be used on a wine label, un-
less 95 percent of the wine in the con-           § 4.45 Certificates of origin and iden-
tainer was produced from primary                       tity.
winemaking material grown on the                    Imported wine shall not be released
                                                  from customs custody for consumption




                                             36

                                                                                          HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                        § 4.60

unless the invoice is accompanied by a           exemption will be issued on the same
certificate of origin issued by a duly           form.
authorized official of the appropriate             (c) Cross reference. For procedures re-
foreign government, if the issuance of           garding the issuance, denial, and rev-
such certificates with respect to such           ocation of certificates of label ap-
wine has been authorized by the for-             proval, and certificates of exemption
eign government concerned, certifying            from label approval, as well as appeal
as to the identity of the wine and that          procedures, see part 13 of this chapter.
the wine has been produced in compli-
                                                 [T.D. ATF–66, 45 FR 40546, June 13, 1980, as
ance with the laws of the respective
                                                 amended by T.D. ATF–94, 46 FR 55095, Nov. 6,
foreign government regulating the pro-           1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986;
duction of such wine for home con-               T.D. ATF–344, 58 FR 40354, July 28, 1993; T.D.
sumption.                                        ATF–406, 64 FR 2128, Jan. 13, 1999]

§ 4.46 Certificate of nonstandard fill.          § 4.51 Exhibiting certificates to Gov-
   A person may import wine in con-                   ernment officials.
tainers not conforming to the metric               Any bottler or packer holding an
standards of fill prescribed at § 4.73 if        original or duplicate original of a cer-
the wine is:                                     tificate of label approval or a certifi-
   (a) Accompanied by a statement                cate of exemption shall, upon demand,
signed by a duly authorized official of          exhibit such certificate to a duly au-
the appropriate foreign country, stat-           thorized representative of the United
ing that the wine was bottled or                 States Government.
packed before January 1, 1979;
   (b) Being withdrawn from a Customs            § 4.52   Photoprints.
bonded warehouse into which it was en-             Photoprints or other reproductions of
tered before January 1, 1979; or                 certificates of label approval or certifi-
   (c) Exempt from the standard of fill          cates of exemption are not acceptable,
requirements as provided by § 4.70(b)(1)         for the purposes of §§ 4.50 through 4.52,
or (2).                                          as substitutes for an original or dupli-
[T.D. ATF–76, 46 FR 1727, Jan. 7, 1981]          cate original of a certificate of label
                                                 approval, or a certificate of exemption.
Subpart F—Requirements for Ap-                   The Director will, upon the request of
   proval of Labels of Wine Do-                  the bottler or packer, issue duplicate
   mestically Bottled or Packed                  originals of certificates of label ap-
                                                 proval or of certificates of exemption if
§ 4.50 Certificates of label approval.           wine under the same brand is bottled
                                                 or packed at more than one plant by
   (a) No person shall bottle or pack
                                                 the same person, and if the necessity
wine, other than wine bottled or
                                                 for the duplicate originals is shown and
packed in U.S. Customs custody, or re-
                                                 there is listed with the Director the
move such wine from the plant where
                                                 name and address of the additional bot-
bottled or packed, unless application is
                                                 tling or packing plant where the par-
made to the Director and an approved
                                                 ticular label is to be used.
certificate of label approval, ATF
Form 5100.31, is issued.
   (b) Any bottler or packer of wine               Subpart G—Advertising of Wine
shall be exempt from the requirements
of this section if upon application the          § 4.60   Application.
bottler or packer shows to the satisfac-           No person engaged in the business as
tion of the Director that the wine to be         a producer, rectifier, blender, importer,
bottled or packed is not to be sold, of-         or wholesaler of wine, directly or indi-
fered for sale, or shipped or delivered          rectly or through an affiliate, shall
for shipment, or otherwise introduced            publish or disseminate or cause to be
in interstate or foreign commerce. Ap-           published or disseminated by radio or
plication for exemption shall be made            television broadcast, or in any news-
on ATF Form 5100.31 in accordance                paper, periodical, or any publication,
with instructions on the form. If the            by any sign or outdoor advertisement,
application is approved, a certificate of        or any other printed or graphic matter,

                                            37

                                                                                         HOME
§ 4.61                                                        27 CFR Ch. I (4–1–99 Edition)

any advertisement of wine, if such ad-            § 4.62   Mandatory statements.
vertising is in, or is calculated to in-
                                                    (a) Responsible advertiser. The adver-
duce sale in, interstate or foreign com-
                                                  tisement shall state the name and ad-
merce, or is disseminated by mail, un-
                                                  dress of the permittee responsible for
less such advertisement is in con-
                                                  its publication or broadcast. Street
formity with §§ 4.60–4.65 of this part.
                                                  number and name may be omitted in
Provided, that such sections shall not
                                                  the address.
apply to outdoor advertising in place
                                                    (b) Class, type, and distinctive designa-
on September 7, 1984, but shall apply
                                                  tion. The advertisement shall contain a
upon replacement, restoration, or ren-
                                                  conspicuous statement of the class,
ovation of any such advertising; and
                                                  type, or distinctive designation to
provided further, that such sections
                                                  which the product belongs, cor-
shall not apply to a retailer or the pub-
                                                  responding with the statement of class,
lisher of any newspaper, periodical, or
                                                  type, or distinctive designation which
other publication, or radio or tele-
                                                  is required to appear on the label of the
vision broadcast, unless such retailer
                                                  product.
or publisher or radio or television
broadcaster is engaged in business as a             (c) Exception. (1) If an advertisement
producer, rectifier, blender, importer,           refers to a general wine line or all of
or wholesaler of wine, directly or indi-          the wine products of one company,
rectly, or through an affiliate.                  whether by the company name or by
                                                  the brand name common to all the
[T.D. ATF–180, 49 FR 31672, Aug. 8, 1984]         wine in the line, the only mandatory
                                                  information necessary is the name and
§ 4.61 Definitions.                               address of the responsible advertiser.
   As used in §§ 4.60 through 4.65 of this        This exception does not apply where
part, the term advertisement includes             only one type of wine is marketed
any written or verbal statement, illus-           under the specific brand name adver-
tration, or depiction which is in, or cal-        tised.
culated to induce sales in, interstate or           (2) On consumer specialty items, the
foreign commerce, or is disseminated              only information necessary is the com-
by mail, whether it appears in a news-            pany name or brand name of the prod-
paper, magazine, trade booklet, menu,             uct.
wine card, leaflet, circular, mailer,
                                                  [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as
book insert, catalog, promotional ma-             amended by T.D. ATF–180, 49 FR 31672, Aug.
terial, sales pamphlet, or any written,           8, 1984]
printed, graphic, or other matter ac-
companying the container, representa-             § 4.63 Legibility of mandatory informa-
tions made on cases, billboard, sign, or               tion.
othe outdoor display, public transit                (a) Statements required under §§ 4.60
card, other periodical literature, publi-         through 4.65 of this part to appear in
cation, or in a radio or television               any written, printed, or graphic adver-
broadcast, or in any other media; ex-             tisement shall be in lettering or type
cept that such term shall not include:            size sufficient to be conspicuous and
   (a) Any label affixed to any container         readily legible.
of wine, or any individual covering,                (b) In the case of signs, billboards,
carton, or other wrapper of such con-             and displays the name and address of
tainer which constitute a part of the             the permittee responsible for the ad-
labeling under provisions of §§ 4.30–4.39         vertisement may appear in type size of
of this part.                                     lettering smaller than the other man-
   (b) Any editorial or other reading             datory information, provided such in-
material (i.e., news release) in any peri-        formation can be ascertained upon
odical or publication or newspaper for            closer examination of the sign or bill-
the publication of which no money or              board.
valuable consideration is paid or prom-             (c) Mandatory information shall be
ised, directly or indirectly, by any per-         so stated as to be clearly a part of the
mittee, and which is not written by or            advertisement and shall not be sepa-
at the direction of the permittee.                rated in any manner from the remain-
[T.D. ATF–180, 49 FR 31672, Aug. 8, 1984]         der of the advertisement.

                                             38

                                                                                       HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                         § 4.64

  (d) Mandatory information for two or               may convey the impression that the
more products shall not be stated un-                wine has been made or matured under
less clearly separated.                              Government supervision or in accord-
  (e) Mandatory information shall be                 ance with Government specifications
so stated in both the print and audio-               or standards.
visual media that it will be readily ap-               (8) Any statement, design, device, or
parent to the persons viewing the ad-                representation which relates to alcohol
vertisement.                                         content or which tends to create the
[T.D. ATF–180, 49 FR 31672, Aug. 8, 1984]            impression that a wine:
                                                       (i) Contains distilled spirits; or
§ 4.64 Prohibited practices.                           (ii) Is comparable to a distilled spirit;
                                                     or
   (a) Restrictions. The advertisement of
                                                       (iii) Has intoxicating qualities.
wine shall not contain:
   (1) Any statement that is false or un-            However, if a statement of composition
true in any material particular, or                  is required to appear as the designation
that, irrespective of falsity, directly, or          of a product not defined in these regu-
by ambiguity, omission, or inference,                lations, such statement of composition
or by the addition of irrelevant, sci-               may include a reference to the type of
entific or technical matter tends to                 distilled spirits contained therein. Fur-
create a misleading impression.                      ther, an approved wine label, which
   (2) Any statement that is disparaging             bears the statement of alcohol content
of a competitor’s products.                          may be depicted in any advertising
   (3) Any statement, design, device, or             media, or an actual wine bottle show-
representation which is obscene or in-               ing the approved label bearing the
decent.                                              statement of alcoholic content may be
   (4) Any statement, design, device, or             displayed in any advertising media.
representation of or relating to anal-                 (9) Any word in the brand name or
yses, standards, or tests, irrespective of           class and type designation which is the
falsity, which the Director finds to be              name of a distilled spirits product or
likely to mislead the consumer.                      which simulates, imitates, or creates
   (5) Any statement, design, device, or             the impression that the wine so labeled
representation of or relating to any                 is, or is similar to, any product cus-
guarantee, irrespective of falsity,                  tomarily made with a distilled spirits
which the Director finds to be likely to             base.
mislead the consumer. Money-back                       (b) Statements inconsistent with label-
guarantees are not prohibited.                       ing. (1) Advertisements shall not con-
   (6) Any statement that the wine is                tain any statement concerning a brand
produced, blended, bottled, packed, or               or lot of wine that is inconsistent with
sold under, or in accordance with, any               any statement on the labeling thereof.
municipal, State, or Federal Govern-                   (2) Any label depicted on a bottle in
ment authorization, law, or regula-                  an advertisement shall be a reproduc-
tions; and if a municipal, State, or Fed-            tion of an approved label.
eral permit number is stated, the per-                 (c) Statement of age. No statement of
mit number shall not be accompanied                  age or representation relative to age
by any additional statement relating                 (including words or devices in any
thereto.                                             brand name or mark) shall be made, ex-
   (7)   Any     statement     of     bonded         cept (1) for vintage wine, in accordance
winecellar and bonded winery numbers                 with the provisions of § 4.27; (2) ref-
unless stated in direct conjunction                  erences in accordance with § 4.38(f); or
with the name and address of the per-                (3) use of the word ‘‘old’’ as part of a
son operating such winery or store-                  brand name.
room. Statement of bonded winecellar                   (d) Statement of bottling dates. The
and bonded winery numbers may be                     statement of any bottling date shall
made in the following form: ‘‘Bonded                 not be deemed to be a representation
Winecellar No.        ,’’ ‘‘Bonded Winery            relative to age, if such statement ap-
No.      ,’’ ‘‘B. W. C. No.       ,’’ ‘‘B. W.        pears without undue emphasis in the
No.        .’’ No additional reference               following form: ‘‘Bottled in         ’’ (in-
thereto shall be made, nor shall any                 serting the year in which the wine was
use be made of such statement that                   bottled).

                                                39

                                                                                           HOME
§ 4.65                                                         27 CFR Ch. I (4–1–99 Edition)

  (e) Statement of miscellaneous dates. No         words ‘‘Product of the United States’’
date, except as provided in paragraphs             or similar words to negate any impres-
(c) and (d) of this section, with respect          sion that the product is imported, and
to statement of vintage year and bot-              such negating statements shall appear
tling date, shall be stated unless, in ad-         in the same size and kind of printing as
dition thereto, and in direct conjunc-             such name.
tion therewith, in the same size and                 (i) Curative and thereapeutic claims.
kind of printing there shall be stated             Advertisements shall not contain any
an explanation of the significance of              statement, design, representation, pic-
such date: Provided, That if any date              torial representation, or device rep-
refers to the date of establishment of             resenting that the use of wine has cu-
any business, such date shall be stated            rative or therapeutic effects if such
without undue emphasis and in direct               statement is untrue in any particular
conjunction with the name of the per-              or tends to create a misleading impres-
son to whom it refers.                             sion.
  (f) Flags, seals, coats of arms, crests,           (j) Confusion of brands. Two or more
and other insignia. No advertisement               different brands or lots of wine shall
shall contain any statement, design,               not be advertised in one advertisement
device, or pictorial representation of or          (or in two or more advertisements in
relating to, or capable of being con-              one issue of a periodical or newspaper,
strued as relating to, the armed forces            or in one piece of other written, print-
of the United States, or of the Amer-              ed, or graphic matter) if the advertise-
ican flag, or of any emblem, seal, insig-          ment tends to create the impression
nia, or decoration associated with such            that representations made as to one
flag or armed forces; nor shall any ad-            brand or lot apply to the other or oth-
vertisement contain any statement, de-             ers, and if as to such latter the rep-
vice, design, or pictorial representation          resentations contravene any provision
of or concerning any flag, seal, coat of           of §§ 4.60 through 4.64 or are in any re-
arms, crest, or other insignia likely to           spect untrue.
mislead the consumer to believe that                 (k) Deceptive advertising techniques.
the product has been endorsed, made,               Subliminal or similar techniques are
or used by, or produced for, or under              prohibited. ‘‘Subliminal or similar
the supervision of, or in accordance               techniques,’’ as used in this part, refers
with the specifications of the govern-             to any device or technique that is used
ment, organization, family, or indi-               to convey, or attempts to convey, a
vidual with whom such flag, seal, coat             message to a person by means of im-
of arms, crests, or insignia is associ-            ages or sounds of a very brief nature
ated.                                              that cannot be perceived at a normal
  (g) Statements indicative of origin. No          level of awareness.
statement, design, device, or represen-            [T.D. 6521, 25 FR 13843, Dec. 29, 1960, as
tation which tends to create the im-               amended by T.D. 6976, 33 FR 15025, Oct. 8,
pression that the wine originated in a             1968; T.D. ATF–53, 43 FR 37678, Aug. 23, 1978;
particular place or region, shall appear           T.D. ATF–180, 49 FR 31672, Aug. 8, 1984]
in any advertisement unless the label
of the advertised product bears an ap-             § 4.65 Comparative advertising.
pellation of origin, and such appella-                (a) General. Comparative adverstising
tion of origin appears in the advertise-           shall not be disparaging of a competi-
ment in direct conjunction with the                tor’s product.
class and type designation.                           (b) Taste tests. (1) Taste test results
  (h) Use of the word ‘‘importer’’ or simi-        may be used in advertisements com-
lar words. The word importer or similar            paring competitors’ products unless
words shall not appear in advertise-               they are disparaging, deceptive, or
ments of domestic wine except as part              likely to mislead the consumer.
of the bona fide name of the permittee                (2) The taste test procedure used
by or for whom, or of a retailer for               shall meet scientifically accepted pro-
whom, such wine is bottled, packed or              cedures. An example of a scientifically
distributed: Provided, That in all cases           accepted procedure is outlined in the
where such words are used as part of               Manual on Sensory Testing Methods,
such name, there shall be stated the               ASTM Special Technical Publication

                                              40

                                                                                          HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                              § 4.73

434, published by the American Society              § 4.71 Standard wine containers.
for Testing and Materials, 1916 Race                   (a) A standard wine container shall
Street,    Philadelphia,  Pennsylvania              be made, formed and filled to meet the
19103, ASTM, 1968, Library of Congress              following specifications:
Catalog Card Number 68–15545.                          (1) Design. It shall be so made and
  (3) A statement shall appear in the               formed as not to mislead the pur-
advertisement providing the name and                chaser. Wine containers shall be held
address of the testing administrator.               (irrespective of the correctness of the
                                                    net contents specified on the label) to
[T.D. ATF–180, 49 FR 31673, Aug. 8, 1984]
                                                    be so made and formed as to mislead
                                                    the purchaser if the actual capacity is
  Subpart H—Standards of Fill for                   substantially less than the apparent
             Wine                                   capacity upon visual examination
                                                    under ordinary conditions of purchase
§ 4.70 Application.                                 or use; and
  (a) Except as provided in paragraph                  (2) Fill. It shall be so filled as to con-
(b) of this section, no person engaged in           tain the quantity of wine specified in
business as a producer, rectifier, blend-           one of the standards of fill prescribed
er, importer, or wholesaler of wine, di-            in § 4.72 or § 4.73; and
rectly or indirectly or through an affil-              (3) Headspace. It shall be made and
                                                    filled as to have a headspace not in ex-
iate, shall sell or ship or deliver for
                                                    cess of 6 percent of its total capacity
sale or shipment, or otherwise intro-
                                                    after closure if the net content of the
duce in interstate or foreign com-
                                                    container is 187 milliliters or more, and
merce, or receive therein, or remove                a headspace not in excess of 10 percent
from customs custody, any wine unless               of such capacity in the case of all other
such wine is bottled or packed in the               containers.
standard wine containers herein pre-
scribed.                                            [T.D. ATF–12, 39 FR 45222, Dec. 31, 1974]
  (b) Sections 4.70 through 4.73 do not             § 4.72 Standards of fill.
apply to:
                                                       (a) The standards of fill for wine shall
  (1) Sake;
                                                    be the following, subject to the toler-
  (2) Wine packed in containers of 18 li-           ances hereinafter allowed:
ters or more;                                          (1) For all wines:
  (3) Imported wine in the original con-            4.9 gallons.            1 pint.
tainers in which entered customs cus-               3 gallons.              4⁄5 pint.


tody if the wine was bottled or packed              1 gallon.               1⁄2 pint.
                                                    4⁄5 gallon.             2⁄5 pint.
before January 1, 1979; or                          1⁄2 gallon.             4 ounces.
  (4) Wine domestically bottled or                  2⁄5 gallon.             3 ounces.
                                                    1 quart.                2 ounces.
packed, either in or out of customs cus-            4⁄5 quart.

tody, before October 24, 1943, if the con-
tainer, or the label on the container,                (2) In addition, for aperitif wines
bears a conspicuous statement of the                only: 15⁄16 quart:
net contents, and if the actual capacity              (b) The tolerances in fill shall be the
of the container is not substantially               same as are allowed by § 4.37 in respect
                                                    to statement of net contents upon la-
less than the apparent capacity upon
                                                    bels.
visual examination under ordinary con-
                                                      (c) This section does not apply after
ditions of purchase or use.                         December 31, 1978.
  (c) Section 4.73 does not apply to
wine domestically bottled or packed,                [T.D. ATF–12, 39 FR 45223, Dec. 31, 1974, as
                                                    amended by T.D. ATF–76, 46 FR 1727, Jan. 7,
either in or out of customs custody, be-
                                                    1981]
fore January 1, 1979, if the wine was
bottled or packed according to the                  § 4.73 Metric standards of fill.
standards of fill prescribed by § 4.72.
                                                       (a) Authorized standards of fill. The
[T.D. ATF–12, 39 FR 45222, Dec. 31, 1974, as        standards of fill for wine are the fol-
amended by T.D. ATF–49, 43 FR 19848, May 9,         lowing:
1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981]        3 liters.               375 milliliters.


                                               41

                                                                                                HOME
§ 4.80                                                        27 CFR Ch. I (4–1–99 Edition)
1.5 liters.           187 milliliters.              Black Pearl
1 liter.              100 milliliters.
750 milliliters.      50 milliliters.
                                                    Blanc Du Bois
500 milliliters.                                    Blue Eye
                                                    Bonarda
   (b) Sizes larger than 3 liters. Wine may
                                                    Bountiful
be bottled or packed in containers of 4
                                                    Burdin 4672
liters or larger if the containers are
                                                    Burdin 5201
filled and labeled in quantities of even
                                                    Burdin 11042
liters (4 liters, 5 liters, 6 liters, etc.).
                                                    Burgaw
   (c) Tolerances. The tolerances in fill
                                                    Burger
are the same as are allowed by § 4.37 in
                                                    Cabernet franc
respect to statement of net contents on
                                                    Cabernet Pfeffer
labels.
                                                    Cabernet Sauvignon
[T.D. ATF–12, 39 FR 45223, Dec. 31, 1974, as        Calzin
amended by T.D. ATF–49, 43 FR 19848, May 9,         Campbell Early (Island Belle)
1978; T.D. ATF–76, 46 FR 1727, Jan. 7, 1981;        Canada Muscat
T.D. ATF–303, 55 FR 42713, Oct. 23, 1990]           Captivator
                                                    Carignane
     Subpart I—General Provisions                   Carlos
                                                            `
                                                    Carmenere
§ 4.80 Exports.                                     Carmine
   The regulations in this part shall not           Carnelian
apply to wine exported in bond.                     Cascade
                                                    Castel 19–637
      Subpart J—American Grape                      Catawba
            Variety Names                           Cayuga White
                                                    Centurion
  SOURCE: T.D. ATF–370, 61 FR 539, Jan. 8,
                                                    Chambourcin
1996, unless otherwise noted.                       Chancellor
                                                    Charbono
§ 4.91 List of approved prime names.                Chardonel
   The following grape variety names                Chardonnay
have been approved by the Director for              Chasselas dore´
use as type designations for American               Chelois
wines. When more than one name may                  Chenin blanc
be used to identify a single variety of             Chief
grape, the synonym is shown in paren-               Chowan
theses following the prime grape                    Cinsaut (Black Malvoisie)
names. Grape variety names may ap-                  Clairette blanche
pear on labels of wine in upper or in               Clinton
lower case, and may be spelled with or              Colombard (French Colombard)
without the hyphens or diacritic marks              Colobel
indicated in the following list.                    Cortese
Agwam                                               Corvina
Albemarle                                           Concord
Aleatico                                            Conquistador
Alicante Bouschet                                   Couderc noir
      ´
Aligote                                             Cowart
         ˜
Alvarelhao                                          Creek
Arneis                                              Cynthiana (Norton)
Aurore                                              Dearing
Bacchus                                             De Chaunac
Baco blanc                                          Delaware
Baco noir                                           Diamond
Barbera                                             Dixie
Beacon                                              Dolcetto
Beclan                                              Doreen
Bellandais                                          Dulcet
Beta                                                Durif

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Bureau of Alcohol, Tobacco and Firearms, Treasury                         § 4.91

Dutchess                                  Magoon
Early Burgundy                            Malbec
Early Muscat                              Malvasia bianca
Edelweiss                                      ´
                                          Marechal Foch
Eden                                      Marsanne
Ehrenfelser                               Melody
Ellen Scott                               Melon de Bourgogne (Melon)
Elvira                                    Merlot
Emerald Riesling                          Meunier (Pinot Meunier)
Feher Szagos                              Mish
      ˜
Fernao Pires                              Mission
Fern Munson                               Missouri Riesling
Flame Tokay                               Mondeuse (Refosco)
Flora                                     Montefiore
Florental                                 Moore Early
Folle blanche                             Morio-Muskat
Fredonia                                         `
                                          Mourvedre (Mataro)
Freisa                                      ¨
                                          Muller-Thurgau
Fry                                         ¨
                                          Munch
Furmint                                   Muscadelle
Gamay noir                                Muscat blanc (Muscat Canelli)
Garronet                                  Muscat du Moulin
     ¨
Gewurztraminer                            Muscat Hamburg (Black Muscat)
Gladwin 113                               Muscat of Alexandria
Glennel                                   Muscat Ottonel
Gold                                      Naples
Golden Isles                              Nebbiolo
Golden Muscat                              ´
                                          Negrette
Grand Noir                                New York Muscat
Green Hungarian                           Niagara
Grenache                                  Noah
Grignolino                                Noble
Grillo                                    Norton (Cynthiana)
Gros Verdot                               Ontario
Helena                                    Orange Muscat
Herbemont                                 Palomino
Higgins                                   Pamlico
Horizon                                   Pedro Ximenes
Hunt                                      Petit Verdot
Iona                                      Petite Sirah
Isabella                                  Peverella
Ives                                      Pinotage
James                                     Pinot blanc
Jewell                                    Pinot gris (Pinot Grigio)
Joannes Seyve 12–428                      Pinot noir
Joannes Seyve 23–416                      Precoce de Malingre
Kerner                                    Pride
Kay Gray                                  Primitivo
Kleinberger                               Rayon d’Or
LaCrosse                                  Ravat 34
Lake Emerald                              Ravat 51 (Vignoles)
Lambrusco                                 Ravat noir
Landal                                    Redgate
Landot noir                               Regale
Lenoir                                    Riesling (White Riesling)
  ´
Leon Millot                               Rkatziteli (Rkatsiteli)
Limberger (Lemberger)                     Roanoke
Madeline Angevine                         Rosette
Magnolia                                  Roucaneuf

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                                                                          HOME
§ 4.92                                          27 CFR Ch. I (4–1–99 Edition)

Rougeon                              Welsch Rizling
Roussanne                            Watergate
Royalty                              Welder
Rubired                              Yuga
Ruby Cabernet                        Zinfandel
St. Croix
Saint Macaire                        § 4.92 Alternative names permitted for
Salem                                     temporary use.
Salvador                                The following alternative names
Sangiovese                           shown in the left column may be used
                        ´
Sauvignon blanc (Fume blanc)         as the type designation for American
Scarlet                              wine in lieu of the prime name of the
Scheurebe                            grape variety shown in the right col-
 ´
Semillon                             umn. Alternative names listed in the
Sereksiya                            left column may only be used for wine
Seyval (Seyval blanc)                bottled prior to the date indicated.
Siegerrebe                              (a) Wines bottled prior to January 1,
Siegfried                            1997.
Southland
                                             Alternative Name/Prime Name
     ˜
Souzao
Steuben                              Baco 1—Baco noir
Stover                               Baco 22A—Baco blanc
                                     Bastardo—Trousseau
Sugargate
                                     Black Spanish—Lenoir
Sultanina (Thomspon Seedless)        Burdin 7705—Florental
Summit                               Cayuga—Cayuga White
Suwannee                             Chancellor noir—Chancellor
Sylvaner                             Chasselas—Chasselas dore ´
Symphony                                          ´
                                     Chevrier—Semillon
Syrah (Shiraz)                       Chelois noir—Chelois
Swenson Red                          Couderc 71–20—Couderc noir
                                     Couderc 299–35—Muscat du Moulin
Tarheel                                          ´
                                     Foch—Marechal Foch
Taylor                               Franken Riesling—Sylvaner
                      ˜
Tempranillo (Valdepenas)             Gutedel—Chasselas dore ´
Teroldego                            Ives Seedling—Ives
Thomas                               Jacquez—Lenoir
Thompson Seedless (Sultanina)        Joannes Seyve 26–205—Chambourcin
Tinta Madeira                        Landot 244—Landal
        ˜
Tinto cao                            Landot 4511—Landot noir
                                     Millot—Leon Millot
Tocai Friulano
                                     Moore’s Diamond—Diamond
Topsail                              Norton Seedling—Norton
Touriga                              Pfeffer Cabernet—Cabernet Pfeffer
Traminer                             Pineau de la Loire—Chenin blanc
Trousseau                            Pinot Chardonnay—Chardonnay
Trousseau gris                       Ravat 262—Ravat noir
Ugni blanc (Trebbiano)                   ¨
                                     Rulander—Pinot gris
Valdiguie ´                          Seibel 128—Salvador
                                     Seibel 1000—Rosette
Valerien
                                     Seibel 4986—Rayon d’Or
Van Buren                            Seibel 5279—Aurore
Veeblanc                             Seibel 5898—Rougeon
Veltliner                            Seibel 7053—Chancellor
Ventura                              Seibel 8357—Colobel
Verdelet                             Seibel 9110—Verdelet
Verdelho                             Seibel 9549—De Chaunac
Vidal blanc                          Seibel 10878—Chelois
                                     Seibel 13053—Cascade
Villard blanc
                                     Seibel 14596—Bellandais
Villard noir                         Seyve-Villard 5–276—Seyval
Vincent                              Seyve-Villard 12–309—Roucaneuf
Viognier                             Seyve-Villard 12–375—Villard blanc
Vivant                               Seyve-Villard 18–283—Garronet

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                                                                           HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                               Pt. 5
Seyve-Villard 18–315—Villard noir                        (d) For new grape varieties developed
Seyve-Villard 23–410—Valerien                          in the United States, the Director may
Sweetwater—Chasselas dore   ´                          determine if the use of names which
Verdelet blanc—Verdelet                                contain words of geographical signifi-
Vidal 256—Vidal blanc
                                                       cance, place names, or foreign words
Virginia Seedling—Norton
  ¨
Walschriesling—Welsch Rizling
                                                       are misleading under § 4.39. The Direc-
Welschriesling—Welsch Rizling                          tor will not approve the use of a grape
  (b) Wines bottled prior to January 1, 1999.          variety name found to be misleading.
                                                         (e) The Director shall publish the list
         Alternative Name/Prime Name                   of approved grape variety names at
Cabernet—Cabernet Sauvignon                            least annually in the FEDERAL REG-
Grey Riesling—Trousseau gris                           ISTER.
Johannisberg Riesling—Riesling                         (Approved by the Office of Management and
Muscat Frontignan—Muscat blanc                         Budget under Control Number 1512–0513)
Muscat Pantelleria—Muscat of Alexandria
Napa Gamay—Valdiquie   ´
                     ´
Pinot Saint George—Negrette                                 PART 5—LABELING AND
Sauvignon vert—Muscadelle                               ADVERTISING OF DISTILLED SPIRITS
§ 4.93 Approval        of     grape     variety                       Subpart A—Scope
     names.
                                                       Sec.
   (a) Any interested person may peti-                 5.1 General.
tion the Director for the approval of a                5.2 Related regulations.
grape variety name. The petition may                   5.3 Forms prescribed.
be in the form of a letter and should
provide evidence of the following—                                   Subpart B—Definitions
   (1) Acceptance of the new grape vari-               5.11    Meaning of terms.
ety,
   (2) The validity of the name for iden-                     Subpart C—Standards of Identity for
tifying the grape variety,                                             Distilled Spirits
   (3) That the variety is used or will be
                                                       5.21    Application of standards.
used in winemaking, and                                5.22    The standards of identity.
   (4) That the variety is grown and                   5.23    Alteration of class and type.
used in the United States.
   (b) For the approval of names of new                             Subpart Ca—Formulas
grape varieties, documentation sub-
                                                       5.25 Application.
mitted with the petition to establish                  5.26 Formula requirements.
the items in paragraph (a) of this sec-                5.27 Formulas.
tion may include—                                      5.28 Adoption of predecessor’s formulas.
   (1) reference to the publication of the
name of the variety in a scientific or                    Subpart D—Labeling Requirements for
professional journal of horticulture or                             Distilled Spirits
a published report by a professional,                  5.31 General.
scientific or winegrowers’ organization,               5.32 Mandatory label information.
   (2) reference to a plant patent, if so              5.33 Additional requirements.
patented, and                                          5.34 Brand names.
   (3) information pertaining to the                   5.35 Class and type.
commercial potential of the variety,                   5.36 Name and address.
such as the acreage planted and its lo-                5.37 Alcohol content.
                                                       5.38 Net contents.
cation or market studies.                              5.39 Presence of neutral spirits and color-
   (c) The Director will not approve a                     ing, flavoring, and blending materials.
grape variety name if:                                 5.40 Statements of age and percentage.
   (1) The name has previously been                    5.41 Bottle cartons, booklets and leaflets.
used for a different grape variety;                    5.42 Prohibited practices.
   (2) The name contains a term or
name found to be misleading under                         Subpart E—Standards of Fill for Bottled
§ 4.39; or                                                           Distilled Spirits
   (3) The name of a new grape variety                 5.45 Application.
contains the term ‘‘Riesling.’’                        5.46 Standard liquor bottles.

                                                  45

                                                                                               HOME
§ 5.1                                                              27 CFR Ch. I (4–1–99 Edition)
5.47  Standards of fill (distilled spirits bot-          27 CFR Part 19—Distilled Spirits Plants.
    tled before January 1, 1980).                        27 CFR Part 200—Rules of Practice in Per-
5.47a Metric standards of fill (distilled spir-        mit Proceedings.
    its bottled after December 31, 1979).                27 CFR Part 250—Liquors and Articles from
                                                       Puerto Rico and the Virgin Islands.
Subpart F—Requirements for Withdrawal                    27 CFR Part 251—Importation of Distilled
   From Customs Custody of Bottled Im-                 Spirits, Wines and Beer.
   ported Distilled Spirits                              27 CFR Part 252—Exportation of Liquors.
                                                       (26 U.S.C. 7805 (68A Stat. 917, as amended); 27
5.51    Label approval and release.                    U.S.C. 205 49 Stat. 981, as amended)
5.52    Certificates of age and origin.
5.53    Certificate of nonstandard fill.               [T.D. 720, 34 FR 20637, Dec. 30, 1969, as amend-
                                                       ed by T.D. ATF–62, 44 FR 71620, Dec. 11, 1979;
Subpart G—Requirements for Approval of                 T.D. ATF–114, 47 FR 43947, Oct. 5, 1982; 55 FR
   Labels of Domestically Bottled Distilled            5421, Feb. 14, 1990]
   Spirits
                                                       § 5.3 Forms prescribed.
5.55 Certificates of label approval.
5.56 Certificates of age and origin.                      (a) The Director is authorized to pre-
                                                       scribe all forms required by this part.
 Subpart H—Advertising of Distilled Spirits            All of the information called for in
                                                       each form shall be furnished as indi-
5.61 Application.
5.62 Definition.
                                                       cated by the headings on the form and
5.63 Mandatory statements.                             the instructions on or pertaining to the
5.64 Legibility of mandatory information.              form. In addition, information called
5.65 Prohibited practices.                             for in each form shall be furnished as
5.66 Comparative advertising.                          required by this part.
  AUTHORITY: 26 U.S.C. 5301, 7805, 27 U.S.C.              (b) Requests for forms should be
205.                                                   mailed to the ATF Distribution Center,
 SOURCE: T.D. 7020, 34 FR 20337, Dec. 30, 1969,        7943 Angus Court, Springfield, Virginia
unless otherwise noted.                                22153.
  EDITORIAL NOTE: For a document affecting             [T.D. ATF–92, 46 FR 46912, Sept. 23, 1981, as
part 5, see the editorial note appearing at            amended by T.D. ATF–249, 52 FR 5956, Feb.
the beginning of this chapter.                         27, 1987; T.D. 372, 61 FR 20723, May 8, 1996]

             Subpart A—Scope                                   Subpart B—Definitions
§ 5.1 General.                                         § 5.11 Meaning of terms.
   The regulations in this part relate to                 When used in this part and in forms
the labeling and advertising of distilled              prescribed under this part, where not
spirits. This part applies to the several              otherwise distinctly expressed or mani-
States of the United States, the Dis-                  festly incompatible with the intent
trict of Columbia, and the Common-                     thereof, terms shall have the meaning
wealth of Puerto Rico, but does not                    ascribed in this section. Any other
apply to distilled spirits for export.                 term defined in the Federal Alcohol
                                                       Administration Act and used in this
§ 5.2 Related regulations.                             part shall have the same meaning as-
   Regulations relating to this part are               signed to it by such Act.
listed below:                                             Act. The Federal Alcohol Administra-
  27 CFR Part 1—Basic Permit Requirements
                                                       tion Act.
under the Federal Alcohol Administration                  Advertisement. See § 5.62 for meaning
Act.                                                   of term as used in subpart H of this
  27 CFR Part 2—Nonindustrial Use of Dis-              part.
tilled Spirits and Wine.                                  Age. The period during which, after
  27 CFR Part 3—Bulk Sales and Bottling of             distillation and before bottling, dis-
Distilled Spirits.                                     tilled spirits have been stored in oak
  27 CFR Part 4—Labeling and Advertising of
                                                       containers. ‘‘Age’’ for bourbon whisky,
Wine.
  27 CFR Part 7—Labeling and Advertising of            rye whisky, wheat whisky, malt whis-
Malt Beverages.                                        ky, or rye malt whisky, and straight
  27 CFR Part 16—Alcoholic Beverage Health             whiskies other than straight corn whis-
Warning Statement.                                     ky, means the period the whisky has

                                                  46

                                                                                                HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                          § 5.22

been stored in charred new oak con-                  Person. Any individual, partnership,
tainers.                                           joint stock company, business trust,
  Area supervisor. The supervisory offi-           association, corporation, or other form
cer of the Bureau of Alcohol, Tobacco              of business enterprise, including a re-
and Firearms area office.                          ceiver, trustee, or liquidating agent
  Bottle. Any container, irrespective of           and including an officer or employee of
the material from which made, used for             any agency of a State or political sub-
the sale of distilled spirits at retail.           division thereof; and the term ‘‘trade
  Brand label. The principal display               buyer’’ means any person who is a
panel that is most likely to be dis-               wholesaler or retailer.
played, presented, shown, or examined                Produced at. As used in §§ 5.22 and 5.52
under normal and customary condi-                  in conjunction with specific degrees of
tions of display for retail sale, and any          proof to describe the standards of iden-
other label appearing on the same side             tity, means the composite proof of the
of the bottle as the principal display             spirits after completion of distillation
panel. The principal display panel ap-             and before reduction in proof.
pearing on a cylindrical surface is that             Proof gallon. A gallon of liquid at 60
40 percent of the circumference which              °F. which contains 50 percent by vol-
is most likely to be displayed, pre-               ume of ethyl alcohol having a specific
sented, shown, or examined under nor-              gravity of 0.7939 at 60 °F. referred to
mal and customary conditions of dis-               water at 60 °F. as unity, or the alco-
play for retail sale.                              holic equivalent thereof.
  Director. The Director, Bureau of Al-              Season. The period from January 1
cohol, Tobacco and Firearms, the De-               through June 30, is the spring season
partment of the Treasury, Washington,              and the period from July 1 through De-
DC.                                                cember 31 is the fall season.
  Distilled spirits. Ethyl alcohol, hy-              United States. The several States and
drated oxide of ethyl, spirits of wine,            Territories and the District of Colum-
whisky, rum, brandy, gin, and other                bia; the term ‘‘State’’ includes a Terri-
distilled spirits, including all dilutions         tory and the District of Columbia; and
and mixtures thereof, for nonindustrial            the term ‘‘Territory’’ means the Com-
use. The term ‘‘distilled spirits’’ shall          monwealth of Puerto Rico.
not include mixtures containing wine,
                                                   (26 U.S.C. 7805 (68 Stat. 917, as amended); 27
bottled at 48 degrees of proof or less, if
                                                   U.S.C. 205 (49 Stat. 981, as amended))
the mixture contains more than 50 per-
cent wine on a proof gallon basis.                 [T.D. ATF–48, 43 FR 13533, Mar. 31, 1978; 44
  Gallon. U.S. gallon of 231 cubic inches          FR 55839, Sept. 28, 1979, as amended by T.D.
of alcoholic beverage at 60 °F.                    ATF–62, 44 FR 71620, Dec. 11, 1979; T.D. ATF–
                                                   66, 45 FR 40547, June 13, 1980; T.D. ATF–94, 46
  In bulk. In containers having a capac-
                                                   FR 55096, Nov. 6, 1981; T.D. ATF–198, 50 FR
ity in excess of 1 wine gallon (3.785 li-          8463, Mar. 1, 1985; T.D. ATF–230, 51 FR 21748,
ters).                                             June 16, 1986]
  Interstate or foreign commerce. Com-
merce between any State and any place
outside thereof, or commerce within
                                                    Subpart C—Standards of Identity
any Territory or the District of Colum-                    for Distilled Spirits
bia, or between points within the same
                                                   § 5.21   Application of standards.
State but through any place outside
thereof.                                             The standards of identity for the sev-
  Liter or litre. A metric unit of capac-          eral classes and types of distilled spir-
ity equal to 1,000 cubic centimeters of            its set forth in this part shall be appli-
distilled spirits at l5.56 °C (60 °F.), and        cable only to distilled spirits for bev-
equivalent to 33.814 U.S. fluid ounces. A          erage or other nonindustrial purposes.
liter is subdivided into 1,000 milliliters.
milliliter or milliliters may be abbre-            § 5.22   The standards of identity.
viated as ‘‘ml’’.                                    Standards of identity for the several
  Permittee. Any person holding a basic            classes and types of distilled spirits set
permit under the Federal Alcohol Ad-               forth in this section shall be as follows
ministration Act.                                  (see also § 5.35, class and type):

                                              47

                                                                                           HOME
§ 5.22                                                        27 CFR Ch. I (4–1–99 Edition)

   (a) Class 1; neutral spirits or alcohol.         type of grain, and stored for a period of
‘‘Neutral spirits’’ or ‘‘alcohol’’ are dis-         2 years or more in charred new oak
tilled spirits produced from any mate-              containers shall be designated merely
rial at or above 190° proof, and, if bot-           as ‘‘straight whisky’’. No other whis-
tled, bottled at not less than 80° proof.           kies may be designated ‘‘straight’’.
   (1) ‘‘Vodka’’ is neutral spirits so dis-         ‘‘Straight whisky’’ includes mixtures
tilled, or so treated after distillation            of straight whiskies of the same type
with charcoal or other materials, as to             produced in the same State.
be     without    distinctive    character,           (2) ‘‘Whisky distilled from bourbon
aroma, taste, or color.                             (rye, wheat, malt, or rye malt) mash’’
   (2) ‘‘Grain spirits’’ are neutral spirits        is whisky produced in the United
distilled from a fermented mash of                  States at not exceeding 160° proof from
grain and stored in oak containers.                 a fermented mash of not less than 51
   (b) Class 2; whisky. ‘‘Whisky’’ is an al-        percent corn, rye, wheat, malted bar-
coholic distillate from a fermented                 ley, or malted rye grain, respectively,
mash of grain produced at less than                 and stored in used oak containers; and
190° proof in such manner that the dis-             also includes mixtures of such whiskies
tillate possesses the taste, aroma, and             of the same type. Whisky conforming
characteristics generally attributed to             to the standard of identity for corn
whisky, stored in oak containers (ex-               whisky must be designated corn whis-
cept that corn whisky need not be so                ky.
stored), and bottled at not less than 80°             (3) ‘‘Light whisky’’ is whisky pro-
proof, and also includes mixtures of                duced in the United States at more
such distillates for which no specific              than 160° proof, on or after January 26,
standards of identity are prescribed.               1968, and stored in used or uncharred
   (1)(i) ‘‘Bourbon whisky’’, ‘‘rye whis-           new oak containers; and also includes
ky’’, ‘‘wheat whisky’’, ‘‘malt whisky’’,            mixtures of such whiskies. If ‘‘light
or ‘‘rye malt whisky’’ is whisky pro-               whisky’’ is mixed with less than 20 per-
duced at not exceeding 160° proof from              cent of straight whisky on a proof gal-
a fermented mash of not less than 51                lon basis, the mixture shall be des-
percent corn, rye, wheat, malted bar-               ignated ‘‘blended light whisky’’ (light
ley, or malted rye grain, respectively,             whisky—a blend).
and stored at not more than 125° proof                (4) ‘‘Blended whisky’’ (whisky—a
in charred new oak containers; and                  blend) is a mixture which contains
also includes mixtures of such whiskies             straight whisky or a blend of straight
of the same type.                                   whiskies at not less than 20 percent on
   (ii) ‘‘Corn whisky’’ is whisky pro-              a proof gallon basis, excluding alcohol
duced at not exceeding 160° proof from              derived from added harmless coloring,
a fermented mash of not less than 80                flavoring or blending materials, and,
percent corn grain, and if stored in oak            separately, or in combination, whisky
containers stored at not more than 125°             or neutral spirits. A blended whisky
proof in used or uncharred new oak                  containing not less than 51 percent on
containers and not subjected in any                 a proof gallon basis of one of the types
manner to treatment with charred                    of straight whisky shall be further des-
wood; and also includes mixtures of                 ignated by that specific type of
such whisky.                                        straight whisky; for example, ‘‘blended
   (iii) Whiskies conforming to the                 rye whisky’’ (rye whisky—a blend).
standards prescribed in paragraphs                    (5)(i) ‘‘A blend of straight whiskies’’
(b)(1)(i) and (ii) of this section, which           (blended straight whiskies) is a mix-
have been stored in the type of oak                 ture of straight whiskies which does
containers prescribed, for a period of 2            not conform to the standard of identify
years or more shall be further des-                 for ‘‘straight whisky.’’ Products so des-
ignated as ‘‘straight’’; for example,               ignated may contain harmless color-
‘‘straight bourbon whisky’’, ‘‘straight             ing, flavoring, or blending materials as
corn whisky’’, and whisky conforming                set forth in 27 CFR 5.23(a).
to the standards prescribed in para-                  (ii) ‘‘A blend of straight whiskies’’
graph (b)(1)(i) of this section, except             (blended straight whiskies) consisting
that it was produced from a fermented               entirely of one of the types of straight
mash of less than 51 percent of any one             whisky, and not conforming to the

                                               48

                                                                                       HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                      § 5.22

standard for straight whisky, shall be           ture of whiskies, such mixture is
further designated by that specific type         ‘‘blended Canadian whisky’’ (Canadian
of straight whisky; for example, ‘‘a             whisky—a blend).
blend of straight rye whiskies’’ (blend-            (c) Class 3; gin. ‘‘Gin’’ is a product ob-
ed straight rye whiskies). ‘‘A blend of          tained by original distillation from
straight whiskies’’ consisting entirely          mash, or by redistillation of distilled
of one of the types of straight whisky           spirits, or by mixing neutral spirits,
shall include straight whisky of the             with or over juniper berries and other
same type which was produced in the              aromatics, or with or over extracts de-
same State or by the same proprietor             rived from infusions, percolations, or
within the same State, provided that             maceration of such materials, and in-
such whisky contains harmless color-             cludes mixtures of gin and neutral spir-
ing, flavoring, or blending materials as         its. It shall derive its main char-
stated in 27 CFR 5.23(a).                        acteristic flavor from juniper berries
  (iii) The harmless coloring, flavoring,        and be bottled at not less than 80°
or blending materials allowed under              proof. Gin produced exclusively by
this section shall not include neutral           original distillation or by redistillation
spirits or alcohol in their original             may be further designated as ‘‘dis-
state. Neutral spirits or alcohol may            tilled’’. ‘‘Dry gin’’ (London dry gin),
only appear in a ‘‘blend of straight             ‘‘Geneva gin’’ (Hollands gin), and ‘‘Old
whiskies’’ or in a ‘‘blend of straight           Tom gin’’ (Tom gin) are types of gin
whiskies consisting entirely of one of           known under such designations.
the types of straight whisky’’ as a ve-             (d) Class 4; brandy. ‘‘Brandy’’ is an al-
hicle for recognized flavoring of blend-         coholic distillate from the fermented
ing material.                                    juice, mash, or wine of fruit, or from
  (6) ‘‘Spirit whisky’’ is a mixture of          the residue thereof, produced at less
neutral spirits and not less than 5 per-         than 190° proof in such manner that the
cent on a proof gallon basis of whisky,          distillate possesses the taste, aroma,
or straight whisky, or straight whisky           and characteristics generally attrib-
and whisky, if the straight whisky               uted to the product, and bottled at not
component is less than 20 percent on a           less than 80° proof. Brandy, or mixtures
proof gallon basis.                              thereof, not conforming to any of the
  (7) ‘‘Scotch whisky’’ is whisky which          standards in paragraphs (d) (1) through
is a distinctive product of Scotland,            (8) of this section shall be designated as
manufactured in Scotland in compli-              ‘‘brandy’’, and such designation shall
ance with the laws of the United King-           be immediately followed by a truthful
dom regulating the manufacture of                and adequate statement of composi-
Scotch whisky for consumption in the             tion.
United Kingdom: Provided, That if such              (1) ‘‘Fruit brandy’’ is brandy distilled
product is a mixture of whiskies, such           solely from the fermented juice or
mixture is ‘‘blended Scotch whisky’’             mash of whole, sound, ripe fruit, or
(Scotch whisky—a blend).                         from standard grape, citrus, or other
  (8) ‘‘Irish whisky’’ is whisky which is        fruit wine, with or without the addi-
a distinctive product of Ireland, manu-          tion of not more than 20 percent by
factured either in the Republic of Ire-          weight of the pomace of such juice or
land or in Northern Ireland, in compli-          wine, or 30 percent by volume of the
ance with their laws regulating the              lees of such wine, or both (calculated
manufacture of Irish whisky for home             prior to the addition of water to facili-
consumption: Provided, That if such              tate fermentation or distillation).
product is a mixture of whiskies, such           Fruit brandy shall include mixtures of
mixture is ‘‘blended Irish whisky’’              such brandy with not more than 30 per-
(Irish whisky—a blend).                          cent (calculated on a proof gallon
  (9) ‘‘Canadian whisky’’ is whisky              basis) of lees brandy. Fruit brandy, de-
which is a distinctive product of Can-           rived from grapes, shall be designated
ada, manufactured in Canada in com-              as ‘‘grape brandy’’ or ‘‘brandy’’, except
pliance with the laws of Canada regu-            that in the case of brandy (other than
lating the manufacture of Canadian               neutral brandy, pomace brandy, marc
whisky for consumption in Canada:                brandy or grappa brandy) distilled from
Provided, That if such product is a mix-         the fermented juice, mash, or wine of

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                                                                                        HOME
§ 5.22                                                       27 CFR Ch. I (4–1–99 Edition)

grapes, or the residue thereof, which             conforms to any of the standards set
has been stored in oak containers for             forth in paragraphs (d) (1), (3), (4), and
less than 2 years, the statement of               (5) of this section may, regardless of
class and type shall be immediately               such fact, be designated ‘‘residue bran-
preceded, in the same size and kind of            dy’’, but the use of such designation
type, by the word ‘‘immature’’. Fruit             shall be conclusive, precluding any
brandy, other than grape brandy, de-              later change of designation.
rived from one variety of fruit, shall be            (7) ‘‘Neutral brandy’’ is brandy pro-
designated by the word ‘‘brandy’’ quali-          duced at more than 170° proof and shall
fied by the name of such fruit (for ex-           be designated in accordance with the
ample, ‘‘peach brandy’’), except that             standards in this paragraph, except
‘‘apple brandy’’ may be designated ‘‘ap-          that the designation shall be qualified
plejack’’. Fruit brandy derived from
                                                  by the word ‘‘neutral’’; for example,
more than one variety of fruit shall be
                                                  ‘‘neutral citrus residue brandy’’.
designated as ‘‘fruit brandy’’ qualified
by a truthful and adequate statement                 (8) ‘‘Substandard brandy’’ shall bear
of composition.                                   as a part of its designation the word
   (2) ‘‘Cognac’’, or ‘‘Cognac (grape)            ‘‘substandard’’, and shall include:
brandy’’, is grape brandy distilled in               (i) Any brandy distilled from fer-
the Cognac region of France, which is             mented juice, mash, or wine having a
entitled to be so designated by the laws          volatile acidity, calculated as acetic
and regulations of the French Govern-             acid and exclusive of sulfur dioxide, in
ment.                                             excess of 0.20 gram per 100 cubic centi-
   (3) ‘‘Dried fruit brandy’’ is brandy           meters (20 °C.); measurements of vola-
that conforms to the standard for fruit           tile acidity shall be calculated exclu-
brandy except that it has been derived            sive of water added to facilitate dis-
from sound, dried fruit, or from the              tillation.
standard wine of such fruit. Brandy de-              (ii) Any brandy which has been dis-
rived from raisins, or from raisin wine,          tilled from unsound, moldy, diseased,
shall be designated as ‘‘raisin brandy’’.         or decomposed juice, mash, wine, lees,
Other brandies shall be designated in             pomace, or residue, or which shows in
the same manner as fruit brandy from              the finished product any taste, aroma,
the corresponding variety or varieties            or characteristic associated with prod-
of fruit except that the name of the              ucts distilled from such material.
fruit shall be qualified by the word                 (e) Class 5; blended applejack. ‘‘Blend-
‘‘dried’’.                                        ed applejack’’ (applejack—a blend) is a
   (4) ‘‘Lees brandy’’ is brandy distilled        mixture which contains at least 20 per-
from the lees of standard grape, citrus,          cent of apple brandy (applejack) on a
or other fruit wine, and shall be des-
                                                  proof gallon basis, stored in oak con-
ignated as ‘‘lees brandy’’, qualified by
                                                  tainers for not less than 2 years, and
the name of the fruit from which such
                                                  not more than 80 percent of neutral
lees are derived.
                                                  spirits on a proof gallon basis if such
   (5) ‘‘Pomace brandy’’, or ‘‘marc bran-
                                                  mixture at the time of bottling is not
dy’’, is brandy distilled from the skin
and pulp of sound, ripe grapes, citrus or         less than 80° proof.
other fruit, after the withdrawal of the             (f) Class 6; rum. ‘‘Rum’’ is an alco-
juice or wine therefrom, and shall be             holic distillate from the fermented
designated as ‘‘pomace brandy’’, or               juice of sugar cane, sugar cane syrup,
‘‘marc brandy’’, qualified by the name            sugar cane molasses, or other sugar
of the fruit from which derived. Grape            cane by-products, produced at less than
pomace brandy may be designated as                190° proof in such manner that the dis-
‘‘grappa’’ or ‘‘grappa brandy’’.                  tillate possesses the taste, aroma and
   (6) ‘‘Residue brandy’’ is brandy dis-          characteristics generally attributed to
tilled wholly or in part from the fer-            rum, and bottled at not less than 80°
mented residue of fruit or wine, and              proof; and also includes mixtures solely
shall be designated as ‘‘residue brandy’’         of such distillates.
qualified by the name of the fruit from              (g) Class 7; Tequila. ‘‘Tequila’’ is an
which derived. Brandy distilled wholly            alcoholic distillate from a fermented
or in part from residue materials which           mash derived principally from the

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                                                                                       HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                     § 5.22

Agave Tequilana Weber (‘‘blue’’ vari-              the addition of fruit, fruit juices, or
ety), with or without additional fer-              other natural flavoring materials, and
mentable substances, distilled in such             possessing, respectively, a predominant
a manner that the distillate possesses             characteristic rye, bourbon, brandy, or
the taste, aroma, and characteristics              rum flavor derived from the distilled
generally attributed to Tequila and                spirits used. Wine, if used, must be
bottled at not less than 80° proof, and            within the 21⁄2 percent limitation pro-
also includes mixtures solely of such              vided in § 5.23 for harmless coloring,
distillates. Tequila is a distinctive              flavoring, and blending materials.
product of Mexico, manufactured in                    (4) ‘‘Rum liqueur,’’ ‘‘gin liqueur,’’
Mexico in compliance with the laws of              ‘‘brandy liqueur,’’ are liqueurs, bottled
Mexico regulating the manufacture of               at not less than 60 proof, in which the
Tequila for consumption in that coun-              distilled spirits used are entirely rum,
try.                                               gin, or brandy, respectively, and which
   (h) Class 8; cordials and liqueurs.             possess, respectively, a predominant
Cordials and liqueurs are products ob-             characteristic rum, gin, or brandy fla-
tained by mixing or redistilling dis-              vor derived from the distilled spirits
tilled spirits with or over fruits, flow-          used. In the case of brandy liqueur, the
ers, plants, or pure juices therefrom, or          type of brandy must be stated in ac-
other natural flavoring materials, or              cordance with § 5.22(d), except that li-
with extracts derived from infusions,              queurs made entirely with grape bran-
percolation, or maceration of such ma-             dy may be designated simply as ‘‘bran-
terials, and containing sugar, dextrose,           dy liqueur.’’ Wine, if used, must be
or levulose, or a combination thereof,             within the 21⁄2 percent limitation pro-
in an amount not less than 21⁄2 percent            vided for in § 5.23 for harmless coloring,
by weight of the finished product.                 flavoring, and blending materials.
   (1) ‘‘Sloe gin’’ is a cordial or liqueur
                                                      (5) The designation of a cordial or li-
with the main characteristic flavor de-
                                                   queur may include the word ‘‘dry’’ if
rived from sloe berries.
                                                   the sugar, dextrose, or levulose, or a
   (2) ‘‘Rye liqueur’’, ‘‘bourbon liqueur’’
                                                   combination thereof, are less than 10
(rye, bourbon cordial) are liqueurs, bot-
                                                   percent by weight of the finished prod-
tled at not less than 60° proof, in which
                                                   uct.
not less than 51 percent, on a proof gal-
lon basis, of the distilled spirits used              (6) Cordials and liqueurs shall not be
are, respectively, rye or bourbon whis-            designated as ‘‘distilled’’ or ‘‘com-
ky, straight rye or straight bourbon               pound’’.
whisky, or whisky distilled from a rye                (i) Class 9; flavored brandy, flavored
or bourbon mash, and which possess a               gin, flavored rum, flavored vodka, and
predominant characteristic rye or                  flavored whisky. ‘‘Flavored brandy,
bourbon flavor derived from such whis-             ‘‘flavored gin,’’ ‘‘flavored rum,’’ ‘‘fla-
ky. Wine, if used, must be within the              vored vodka,’’ and ‘‘flavored whisky,’’
21⁄2 percent limitation provided in § 5.23         are brandy, gin, rum vodka, and whis-
for coloring, flavoring, and blending              ky, respectively, to which have been
materials.                                         added natural flavoring materials, with
   (3) ‘‘Rock and rye’’, ‘‘rock and bour-          or without the addition of sugar, and
bon’’, ‘‘rock and brandy’’, ‘‘rock and             bottled at not less than 60° proof. The
rum’’ are liqueurs, bottled at not less            name of the predominant flavor shall
than 48° proof, in which, in the case of           appear as a part of the designation. If
rock and rye and rock and bourbon, not             the finished product contains more
less than 51 percent, on a proof gallon            than 21⁄2 percent by volume of wine, the
basis, of the distilled spirits used are,          kinds and precentages by volume of
respectively, rye or bourbon whisky,               wine must be stated as a part of the
straight rye or straight bourbon whis-             designation, except that a flavored
ky, or whisky distilled from a rye or              brandy may contain an additional 121⁄2
bourbon mash, and, in the case of rock             percent by volume of wine, without
and brandy and rock and rum, the dis-              label disclosure, if the additional wine
tilled spirits used are all grape brandy           is derived from the particular fruit cor-
or rum, respectively; containing rock              responding to the labeled flavor of the
candy or sugar syrup, with or without              product.

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                                                                                       HOME
§ 5.22                                                       27 CFR Ch. I (4–1–99 Edition)

  (j) Class 10; imitations. Imitations            distilled spirits produced in any other
shall bear, as a part of the designation          place than the particular region indi-
thereof, the word ‘‘imitation’’ and shall         cated by the name, unless (i) in direct
include the following:                            conjunction with the name there ap-
  (1) Any class or type of distilled spir-        pears the word ‘‘type’’ or the word
its to which has been added coloring or           ‘‘American’’ or some other adjective
flavoring material of such nature as to           indicating the true place of production,
cause the resultant product to simu-              in lettering substantially as con-
late any other class or type of distilled         spicuous as such name, and (ii) the dis-
spirits;                                          tilled spirits to which the name is ap-
  (2) Any class or type of distilled spir-        plied conform to the distilled spirits of
its (other than distilled spirits required        that particular region. The following
under § 5.35 to bear a distinctive or fan-        are examples of distinctive types of
ciful name and a truthful and adequate            distilled spirits with geographical
statement of composition) to which has            names that have not become generic:
been added flavors considered to be ar-           Eau de Vie de Dantzig (Danziger
tificial or imitation. In determining             Goldwasser), Ojen, Swedish punch. Geo-
whether a flavor is artificial or imita-          graphical names for distinctive types
tion, recognition will be given to what           of distilled spirits shall be used to des-
is considered to be ‘‘good commercial             ignate only distilled spirits conforming
practice’’ in the flavor manufacturing            to the standard of identity, if any, for
industry;                                         such type specified in this section, or if
  (3) Any class of type of distilled spir-        no such standard is so specified, then
its (except cordials, liqueurs and spe-           in accordance with the trade under-
cialties marketed under labels which              standing of that distinctive type.
do not indicate or imply, that a par-               (2) Only such geographical names for
ticular class or type of distilled spirits        distilled spirits as the Director finds
was used in the manufacture thereof)              have by usage and common knowledge
to which has been added any whisky                lost their geographical significance to
essense, brandy essence, rum essence,
                                                  such extent that they have become ge-
or similar essence or extract which
                                                  neric shall be deemed to have become
simulates or enhances, or is used by
                                                  generic. Examples at London dry gin,
the trade or in the particular product
                                                  Geneva (Hollands) gin.
to simulate or enhance, the character-
istics of any class or type of distilled            (3) Geographical names that are not
spirits;                                          names for distinctive types of distilled
  (4) Any type of whisky to which bead-           spirits, and that have not become ge-
ing oil has been added;                           neric, shall not be applied to distilled
  (5) Any rum to which neutral spirits            spirits produced in any other place
or distilled spirits other than rum have          than the particular place or region in-
been added;                                       dicated in the name. Examples are Co-
  (6) Any brandy made from distilling             gnac, Armagnac, Greek brandy, Pisco
material to which has been added any              brandy, Jamaica rum, Puerto Rico
amount of sugar other than the kind               rum, Demerara rum.
and amount of sugar expressly author-               (4) The words ‘‘Scotch’’, ‘‘Scots’’
ized in the production of standard                ‘‘Highland’’, or ‘‘Highlands’’ and simi-
wine; and                                         lar words connoting, indicating, or
  (7) Any brandy to which neutral spir-           commonly associated with Scotland,
its or distilled spirits other than bran-         shall not be used to designate any
dy have been added, except that this              product not wholly produced in Scot-
provision shall not apply to any prod-            land.
uct conforming to the standard of iden-             (l) Class 12; products without geo-
tity for blended applejack.                       graphical designations but distinctive of a
  (k) Class 11; geographical designations.        particular place. (1) The whiskies of the
(1) Geographical names for distinctive            types specified in paragraphs (b) (1),
types of distilled spirits (other than            (4), (5), and (6) of this section are dis-
names found by the Director under                 tinctive products of the United States
paragraph (k)(2) of this section to have          and if produced in a foreign country
become generic) shall not be applied to           shall be designated by the applicable

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                                                                                       HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                             § 5.23

designation prescribed in such para-                   added, and (ii) harmless coloring, fla-
graphs, together with the words                        voring, or blending materials such as
‘‘American type’’ or the words ‘‘pro-                  caramel, straight malt or straight rye
duced (distilled, blended) in     ’’, the              malt whiskies, fruit juices, sugar, infu-
blank to be filled in with the name of                 sion of oak chips when approved by the
the foreign country: Provided, That the                Director, or wine, which are not an es-
word ‘‘bourbon’’ shall not be used to                  sential component part of the par-
describe any whisky or whisky-based                    ticular distilled spirits to which added,
distilled spirits not produced in the                  but which are customarily employed
United States. If whisky of any of                     therein in accordance with established
these types is composed in part of                     trade usage, if such coloring, flavoring,
whisky or whiskies produced in a for-
                                                       or blending materials do not total
eign country there shall be stated, on
                                                       more than 21⁄2 percent by volume of the
the brand label, the percentage of such
whisky and the country of origin there-                finished product.
of.                                                       (3) ‘‘Harmless coloring, flavoring, and
  (2) The name for other distilled spir-               blending materials’’ shall not include
its which are distinctive products of a                (i) any material which would render
particular place or country, an exam-                  the product to which it is added an imi-
ple is Habanero, shall not be given to                 tation, or (ii) any material, other than
the product of any other place or coun-                caramel, infusion of oak chips, and
try unless the designation for such                    sugar, in the case of Cognac brandy; or
product includes the word ‘‘type’’ or an               (iii) any material whatsoever in the
adjective such as ‘‘American’’, or the                 case of neutral spirits or straight whis-
like, clearly indicating the true place                key, except that vodka may be treated
of production. The provision for place                 with sugar in an amount not to exceed
of production shall not apply to des-                  2 grams per liter and a trace amount of
ignations which by usage and common                    citric acid.
knowledge have lost their geographical                    (b) Extractions. The removal from any
significance to such an extent that the                distilled spirits of any constituents to
Director finds they have become ge-                    such an extent that the product does
neric.    Examples     are    Slivovitz,
                                                       not possess the taste, aroma, and char-
Zubrovka,     Aquavit,   Arrack,      and
                                                       acteristics generally attributed to that
Kirschwasser.
                                                       class or type of distilled spirits alters
[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as             the class and type thereof, and the
amended by T.D. ATF–7, 38 FR 33471, Dec. 5,            product shall be appropriately redesig-
1973; T.D. ATF–36, 41 FR 47426, Oct. 29, 1976;
                                                       nated. In addition, in the case of
T.D. ATF–37, 41 FR 48121, Nov. 2, 1976; T.D.
ATF–48, 44 FR 55839, Sept. 28, 1979; T.D. ATF–         straight whisky the removal of more
62, 44 FR 71620, Dec. 11, 1979; T.D. ATF–66, 45        than 15 percent of the fixed acids, or
FR 40547, June 13, 1980; T.D. ATF–94, 46 FR            volatile acids, or esters, or soluble sol-
55096, Nov. 6, 1981; T.D. ATF–259, 52 FR 41422,        ids, or higher alcohols, or more than 25
Oct. 28, 1987; T.D. ATF–324, 57 FR 29020, June         percent of the soluble color, shall be
30, 1992]
                                                       deemed to alter the class or type there-
§ 5.23 Alteration of class and type.                   of.
                                                          (c) Exceptions. (1) This section shall
   (a) Additions. (1) The addition of any
                                                       not be construed as in any manner
coloring, flavoring, or blending mate-
                                                       modifying the standards of identity for
rials to any class and type of distilled
                                                       cordials and liqueurs, flavored brandy,
spirits, except as otherwise provided in
                                                       flavored gin, flavored rum, flavored
this section, alters the class and type
thereof and the product shall be appro-                vodka, and flavored whisky or as au-
priately redesignated.                                 thorizing any product which is defined
   (2) There may be added to any class                 in § 5.22(j), Class 10, as an imitation to
or type of distilled spirits, without                  be otherwise designated.
changing the class or type thereof, (i)                   (2) [Reserved]
such harmless coloring, flavoring, or                  [T.D. 7020, 34 FR 20337, Dec. 30. 1969, as
blending materials as are an essential                 amended by T.D. ATF–360, 59 FR 67222, 67223,
component part of the particular class                 Dec. 29, 1994; T.D. ATF–369, 61 FR 67327, Dec.
or type of distilled spirits to which                  29, 1995]

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                                                                                              HOME
§ 5.25                                                         27 CFR Ch. I (4–1–99 Edition)

         Subpart Ca—Formulas                        in other distilled spirits products on
                                                    bonded premises;
  SOURCE: T.D. ATF–62, 44 FR 71620, Dec. 11,          (c) Any filtering or stabilizing proc-
1979, unless otherwise noted.                       ess which results in a product which
                                                    does not possess the taste, aroma, and
§ 5.25 Application.                                 characteristics generally attributed to
                                                    that class or type of distilled spirits;
  The requirements of this subpart
                                                    and, in the case of straight whisky, re-
shall apply to:
                                                    sults in the removal of more than 15
  (a) Proprietors of distilled spirits
                                                    percent of the fixed acids, volatile
plants qualified as processors under 27
                                                    acids, esters, soluble solids, or higher
CFR part 19;
                                                    alcohols, or more than 25 percent of the
  (b) Persons in Puerto Rico who man-
                                                    soluble color;
ufacture distilled spirits products for
shipment to the United States. For-                   (d) The mingling of spirits (including
mulas need only be filed for those prod-            merchandise returned to bond) which
ucts which will be shipped to the                   differ in class or type of materials from
United States; and                                  which produced;
  (c) Persons who ship into the United                (e) The mingling of spirits stored in
States, Virgin Islands distilled spirits            charred cooperage with spirits stored
products.                                           in plain or reused cooperage, or the
                                                    mixing of spirits that have been treat-
§ 5.26 Formula requirements.                        ed with wood chips with spirits not so
                                                    treated, or the mixing of spirits that
   (a) General. An approved formula is
                                                    have been subjected to any treatment
required to blend, mix, purify, refine,
                                                    which changes their character with
compound, or treat spirits in a manner
                                                    spirits not so treated, unless it is de-
which results in a change of character,
                                                    termined that the composition of the
composition, class or type of the spir-
                                                    spirits is the same, notwithstanding
its. Form 5110.38 (27–B Supplemental)
                                                    the storage in different kinds of coop-
shall be filed with the Director in ac-
                                                    erage or the treatment of a portion of
cordance with the instructions on the
                                                    the spirits;
form and shall designate all ingredi-
ents and, if required, the process used.              (f) The use (except as authorized for
Any approved formula on Form 27–B                   production or storage operations as
Supplemental or Form 5110.38 shall re-              provided by 27 CFR part 19) of any
main in effect until revoked, super-                physical or chemical process or any ap-
seded, or voluntarily surrendered. Any              paratus which accelerates the matur-
existing qualifying statements as to                ing of the spirits;
the rate of tax or the limited use of                 (g) The steeping or soaking of fruits,
drawback flavors appearing on a Form                berries, aromatic herbs, roots, seeds,
27–B Supplemental are obsolete.                     etc., in spirits or wines;
   (b) Change in formula. Any change in               (h) The artificial carbonating of spir-
an approved formula shall require the               its;
filing of a new Form 5110.38. After a                 (i) The blending in Puerto Rico of
change in a formula is approved, the                spirits with any liquors manufactured
original formula shall be surrendered               outside of Puerto Rico;
to the Director.                                      (j) The production of gin by—
                                                      (1) Redistillation over juniper berries
§ 5.27 Formulas.                                    and other natural aromatics, or the ex-
  Formulas are required for distilled               tracted oils of such, of spirits distilled
spirits operations which change the                 at or above 190 degrees of proof, free
character, composition, class or type of            from impurities, including spirits of
spirits as follows:                                 such a nature recovered by redistilla-
  (a) The compounding of spirits                    tion of imperfect gin spirits; and
through the mixing of any coloring,                   (2) Mixing gin with other spirits;
flavoring, wine, or other material with               (k) The treatment of gin by—
distilled spirits;                                    (1) Addition or abstraction of any
  (b) The manufacture of an inter-                  substance or material other than pure
mediate product to be used exclusively              water after redistillation in a manner

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                              § 5.32

that would change its class and type                   of his previously approved formulas by
designation; and                                       the successor.
  (2) Addition of any substance or ma-
terial other than juniper berries or                          Subpart D—Labeling
other natural aromatics, or the ex-                      Requirements for Distilled Spirits
tracted oils of such, or pure water to
the spirits, before or during redistilla-              § 5.31   General.
tion, in a manner that would change
its class and type designation;                          (a) Application. No person engaged in
                                                       business as a distiller, rectifier, im-
  (l) The production of vodka by—
                                                       porter, wholesaler, or warehouseman
  (1) Treatment of neutral spirits with                and bottler, directly or indirectly, or
not less than one ounce of activated                   through an affiliate, shall sell or ship
carbon per 100 wine gallons of spirits;                or deliver for sale or shipment or oth-
  (2) Redistillation of pure spirits so as             erwise introduce in interstate or for-
to be without distinctive character,                   eign commerce, or receive therein, or
aroma, taste, or color;                                remove from customs custody, any dis-
  (3) Mixing with other spirits or with                tilled spirits in bottles, unless such
any other substance or material except                 bottles are marked, branded, labeled,
pure water, after production; and                      or packaged, in conformity with §§ 5.31
  (m) The recovery of spirits by redis-                through 5.42.
tillation from distilled spirits products                (b) Alteration of labels. It shall be un-
containing other alcoholic ingredients                 lawful for any person to alter, muti-
and from spirits which have previously                 late, destroy, obliterate, or remove any
been entered for deposit. However, no                  mark, brand, or label on distilled spir-
formula shall be required for spirits re-              its held for sale in interstate or foreign
distilled into any type of neutral spir-               commerce or after shipment therein,
its other than vodka or spirits redis-                 except:
tilled at less than 190 degrees of proof                 (1) As authorized by Federal law;
which lack the taste, aroma and other                    (2) When an additional labeling or re-
characteristics generally attributed to                labeling of bottled distilled spirits is
whisky, brandy, rum, or gin, and are                   accomplished with labels covered by
designated as ‘‘Spirits,’’ preceded or                 certificates of label approval which
followed by a word or phrase descrip-                  comply with the requirements of this
tive of the material from which pro-                   part and with State law;
duced. Such spirits redistilled on or                    (3) That there may be added to the
after July 1, 1972, may not be des-                    bottle, after removal from customs
ignated ‘‘Spirits Grain’’ or ‘‘Grain                   custody, or prior to or after removal
Spirits.’’                                             from bonded premises, without applica-
(26 U.S.C. 7805 (68A Stat. 917, as amended); 27        tion for permission to relabel, a label
U.S.C. 205 (49 Stat. 981, as amended))                 identifying the wholesale or retail dis-
                                                       tributor thereof or identifying the pur-
[T.D. ATF–198, 50 FR 8463, Mar. 1, 1985, as            chaser or consumer, and containing no
amended by T.D. ATF–259, 52 FR 41423, Oct.
28, 1987]
                                                       references whatever to the characteris-
                                                       tics of the product.
§ 5.28 Adoption of predecessor’s for-                  (26 U.S.C. 7805 (68A Stat. 917, as amended); 27
     mulas.                                            U.S.C. 205 (49 Stat. 981, as amended))
  The adoption by a successor of ap-
                                                       [T.D. 7020, 34 FR 20637, Dec. 30, 1969, as
proved Forms 5110.38 (27–B Supple-                     amended by T.D. ATF–62, 44 FR 71621, Dec.
mental) shall be in the form of an ap-                 11, 1979; T.D. ATF–198, 50 FR 8464, Mar. 1,
plication filed with the Director. The                 1985]
application shall list the formulas for
adoption by:                                           § 5.32   Mandatory label information.
  (a) Formula number,                                     There shall be stated:
  (b) Name of product, and                                (a) On the brand label:
  (c) Date of approval.                                   (1) Brand name.
The application shall clearly show that                   (2) Class and type, in accordance with
the predecessor has authorized the use                 § 5.35.

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§ 5.33                                                           27 CFR Ch. I (4–1–99 Edition)

   (3) Alcoholic content, in accordance                 (9) A statement of age or age and per-
with § 5.37.                                         centage, when required, in accordance
   (4) In the case of distilled spirits              with § 5.40.
packaged in containers for which no                     (10) State of distillation of domestic
standard of fill is prescribed in § 5.47,            types of whisky and straight whisky,
net contents in accordance with                      except light whisky and blends, in ac-
§ 5.38(b) or § 5.38a(b)(2).                          cordance with § 5.36.
   (b) On the brand label or on a back                  (c) In the case of a container which
label:                                               has been excepted by the Director
   (1) Name and address, in accordance               under the provisions of § 5.46(d), the in-
with § 5.36.                                         formation required to appear on the
   (2) In the case of imported spirits, the          ‘‘brand label,’’ as defined, may appear
country of origin, in accordance with                elsewhere on such container if it can be
§ 5.36.                                              demonstrated that the container can-
   (3) In the case of distilled spirits              not reasonably be so designed that the
packaged in containers conforming to                 required brand label can be properly af-
the standards of fill prescribed in § 5.47           fixed.
or § 5.47a, net contents in accordance
                                                     (Paragraph (b)(7) approved by the Office of
with § 5.38(a), § 5.38a(a), or § 5.38a(b)(1).        Management and Budget under Control No.
   (4) Coloring or flavoring, in accord-             1512–0469)
ance with § 5.39.
   (5) A statement that the product con-             [T.D. 7020, 34 FR 20337, Dec. 30, 1969, as
tains FD&C Yellow No. 5, where that                  amended by T.D. ATF–25, 41 FR 10220, Mar.
                                                     10, 1976; 41 FR 11022, Mar. 16, 1976; T.D. ATF–
coloring material is used in a product
                                                     94, 46 FR 55096, Nov. 6, 1981; T.D. ATF–150, 48
bottled on or after October 6, 1984.                 FR 45556, Oct. 6, 1983; 48 FR 46518, Oct. 13,
   (6) The following statement when                  1983; T.D. ATF–220, 50 FR 51852, Dec. 20, 1985;
saccharin is present in the finished                 T.D. ATF–236, 51 FR 34710, Sept. 30, 1986; T.D.
product: Use of this product may be                  ATF–282, 54 FR 7162, Feb. 16, 1989; T.D. ATF–
hazardous to your health. This product               312, 56 FR 31077, July 9, 1991; T.D. ATF–344, 58
contains saccharin which has been de-                FR 40354, July 28, 1993]
termined to cause cancer in laboratory
animals.                                             § 5.33   Additional requirements.
   (7) Declaration of sulfites. There shall            (a) Contrasting background. Labels
be stated, the statement ‘‘Contains sul-             shall be so designed that the state-
fites’’ or ‘‘Contains (a) sulfiting                  ments required by this subpart are
agent(s)’’ or a statement identifying                readily legible under ordinary condi-
the specific sulfiting agent where sul-              tions, and such statements shall be on
fur dioxide or a sulfiting agent is de-              a contrasting background.
tected at a level of 10 or more parts per              (b) Location of statements and size of
million, measured as total sulfur diox-              type. (1) Statements required by this
ide. The sulfite declaration may appear              subpart, except brand names, shall ap-
on a strip label or neck label in lieu of            pear generally parallel to the base on
appearing on the front or back label.                which the bottle rests as it is designed
The provisions of this paragraph shall               to be displayed or shall be otherwise
apply to:                                            equally conspicuous.
   (i) Any certificate of label approval               (2) Statements required by this sub-
issued on or after January 9, 1987;                  part, except brand names and the dec-
   (ii) Any distilled spirits bottled on or          laration of sulfites in § 5.32(b)(7), shall
after July 9, 1987, regardless of the date           be separate and apart from any other
of issuance of the certificate of label              descriptive or explanatory matters.
approval; and,                                         (3) If not separate and apart from
   (iii) Any distilled spirits removed on            other descriptive or explanatory mat-
or after January 9, 1988.                            ter printed on the label, the statement
   (8) Percentage of neutral spirits and             declaring the presence of sulfites shall
name of commodity from which dis-                    be of a size substantially more con-
tilled, or in the case of continuously               spicuous than surrounding nonmanda-
distilled neutral spirits or gin, the                tory labeling information.
name of the commodity only, in ac-                     (4) Statements of the type of distilled
cordance with § 5.39.                                spirits shall be as conspicuous as the

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                          § 5.35

statement of the class to which it re-            the bottles to which labels are to be or
fers, and in direct conjunction there-            have been affixed shall be submitted,
with.                                             on request, to the Director or the re-
   (5) Statements required by this sub-           gional director (compliance).
part, except brand names, shall be in
                                                  [T.D. 7020, 34 FR 20337, Dec. 30, 1969, as
script, type, or printing not smaller
                                                  amended by T.D. ATF–66, 45 FR 40548, June
than 2 millimeters (or 8-point gothic             13, 1980; T.D. ATF–94, 46 FR 55096, Nov. 6,
until January 1, 1983), except that, in           1981; T.D. ATF–236, 51 FR 34710, Sept. 30, 1986]
the case of labels on bottles of 200 mil-
liliters or less capacity, such script,           § 5.34   Brand names.
type, or printing shall not be smaller
                                                    (a) Misleading brand names. No label
than 1 millimeter (or 6-point gothic
until January 1, 1983).                           shall contain any brand name, which,
   (6) When net contents are stated ei-           standing alone, or in association with
ther in metric measures or in both                other printed or graphic matter, cre-
metric and U.S. fluid measures, state-            ates any impression or inference as to
ments required by the subpart, except             the age, origin, identity, or other char-
brand names, shall be in script, type,            acteristics of the product unless the
or printing not smaller than 2 millime-           Director finds that such brand name
ters (or 8-point gothic until January 1,          (when appropriately qualified if re-
1983), except that, in the case of labels         quired) conveys no erroneous impres-
on bottles of 200 milliliters or less ca-         sions as to the age, origin, identity, or
pacity such script, type, or printing             other characteristics of the product.
shall not be smaller than 1 millimeter              (b) Trade name of foreign origin. Para-
(or 6-point gothic until January 1,               graph (a) of this section does not pro-
1983).                                            hibit the use by any person of any
   (c) English language. The require-             trade name or brand of foreign origin
ments of this subpart shall be stated in          not effectively registered in the U.S.
the English language, except that the             Patent Office on August 29, 1935, which
brand name need not be in English, and            has been used by such person or his
for products bottled for consumption              predecessors in the United States for a
within Puerto Rico the required infor-            period of at least 5 years immediately
mation may be stated in the Spanish               preceding August 29, 1935: Provided,
language if the net contents and, if the          That if such trade name or brand is
product is an imitation, the word ‘‘imi-          used, the designation of the product
tation’’ are also stated in the English           shall be qualified by the name of the
language.                                         locality in the United States in which
   (d) Location of label. Labels shall not        produced, and such qualification shall
obscure government stamps or be ob-               be in script, type, or printing as con-
scured thereby. Labels shall not ob-              spicuous as the trade name or brand.
scure any markings or information re-
quired to be permanently marked in                § 5.35   Class and type.
the bottle by other U.S. Treasury De-               (a) Designation of product. The class
partment regulations.                             and type of distilled spirits shall be
   (e) Labels firmly affixed. Labels which        stated in conformity with § 5.22 if de-
are not an integral part of the bottle            fined therein. In all other instances the
shall be affixed to bottles in such man-          product shall be designated in accord-
ner that they cannot be removed with-             ance with trade and consumer under-
out thorough application of water or              standing thereof, or, if no such under-
other solvents.                                   standing exists, by a distinctive or fan-
   (f) Additional information on labels.          ciful name, and in either case (except
Labels may contain information other              as provided in paragraph (b)(2) of this
than the mandatory label information              section) followed by a truthful and ade-
required by this subpart if the informa-          quate statement of composition. The
tion does not conflict with, or in any            word ‘‘cordial’’ or ‘‘liqueur’’ need not
manner qualify, statements required               be stated in the case of cordials and li-
by this part.                                     queurs unless the Director finds such
   (g) Contents of bottles. A complete and        word is necessary to clearly indicate
accurate statement of the contents of             that the product is a cordial or liqueur.

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§ 5.36                                                           27 CFR Ch. I (4–1–99 Edition)

   (b) Products designed in accordance                § 5.36 Name and address.
with trade and consumer understanding.                   (a) ‘‘Bottled by’’. (1) On labels of do-
In the case of products designated in                 mestic distilled spirits there shall be
accordance with trade and consumer                    stated the phrase ‘‘bottled by’’,
understanding:                                        ‘‘packed by’’, or ‘‘filled by’’, imme-
   (1) A statement of the classes and                 diately followed by the name (or trade
types of distilled spirits used in the                name) of the bottler and the place
manufacture thereof shall be deemed a                 where such distilled spirits are bottled.
sufficient statement of composition in                If the bottler is the actual bona fide op-
the case of highballs, cocktails, and                 erator of more than one distilled spir-
similar prepared specialties when the                 its plant engaged in bottling oper-
designation adequately indicates to the               ations, there may, in addition, be stat-
consumer the general character of the                 ed immediately following the name (or
product.                                              trade name) of such bottler the ad-
   (2) No statement of composition is re-             dresses of such other plants.
quired if the designation through gen-                   (2) Where distilled spirits are bottled
eral and established usage adequately                 by or for the distiller thereof, there
indicates to the consumer the composi-                may be stated, in lieu of the phrase
tion of the product.                                  ‘‘bottled by’’, ‘‘packed by’’, or ‘‘filled
                                                      by’’, followed by the bottler’s name (or
A product shall not bear a designation
                                                      trade name) and address, the phrase
which indicates it contains a class or
                                                      ‘‘distilled by’’, followed by the name,
type of distilled spirits unless the dis-
                                                      or the trade name under which the par-
tilled spirits therein conform to such
                                                      ticular spirits were distilled, or (except
class and type.
                                                      in the case of distilled spirits labeled
   (c) Origin of whiskies in mixtures. In             as bottled in bond) any trade name
the case of any of the types of whisky                shown on the distiller’s permit (cov-
defined in § 5.22(b), Class 2, which con-             ering the premises where the particular
tains any whisky or whiskies produced                 spirits were distilled), and the address
in a country other than that indicated                (or addresses) of the distiller.
by the type designation, there shall be                  (3) Where ‘‘straight whiskies’’ of the
stated on the brand label the percent-                same type which have been produced in
age of such whisky and the country or                 the same State by two or more dif-
origin thereof. In the case of mixtures               ferent distillers are combined (either
of whisky, not conforming to any type                 at     time    of   bottling    or   at   a
designation in § 5.22(b), Class 2, the                warehouseman’s bonded premises for
components of which were distilled in                 further storage) and subsequently bot-
more than one country, there shall be                 tled and labeled as ‘‘straight whisky,’’
stated in direct conjunction with the                 such ‘‘straight whisky’’ shall be labeled
class designation ‘‘whisky’’ a truthful               in accordance with the requirements of
and adequate statement of the com-                    paragraph (a)(1) of this section. Where
position of the product.                              such ‘‘straight whisky’’ is bottled by or
   (d) Whisky manufactured in Scotland,               for the distillers thereof, there may be
Ireland, or Canada. All whisky manu-                  stated on the label, in lieu of the re-
factured in Scotland, Ireland, or Can-                quirements of paragraph (a)(1) of this
ada, shall be deemed to be Scotch,                    section, the phraise ‘‘distilled by,’’ fol-
Irish, or Canadian whisky, and shall be               lowed by the names (or trade names) of
so designated, in conformity with                     the different distillers who distilled a
§ 5.22(b) (7), (8), and (9), unless the appli-        portion of the ‘‘straight whisky,’’ the
cation of such designation to the par-                addresses of the distilleries where the
ticular product will result in consumer               ‘‘straight whisky’’ was distilled, and
deception, or unless such a product is                the percentage of ‘‘straight whisky’’
not entitled to such designation under                distilled by each distiller (with a toler-
the laws of the country in which manu-                ance of plus or minus 2 percent). In the
factured.                                             case where ‘‘straight whisky’’ is made
   (e) Cordials and liqueurs. The alco-               up of a mixture of ‘‘straight whiskies’’
holic components of cordails and li-                  of the same type from two or more dif-
queurs may, but need not, be stated on                ferent distilleries of the same propri-
labels.                                               etor located within the same State,

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                      § 5.36

and where the ‘‘straight whisky’’ is                  (ii) The name of the bottler and place
bottled by or for the proprietor thereof,           where bottled, immediately preceded
such ‘‘straight whisky’’ may be la-                 by the words ‘‘bottled by’’, ‘‘packed
beled, in lieu of the requirements of               by’’, or ‘‘filled by’’ and in conjunction
paragraph (a)(1) of the this section,               therewith the name and address of the
with the phrase ‘‘distilled by’’ followed           person responsible for the importation,
by the name (or trade name) of the pro-             in the manner prescribed in paragraph
prietor and the addresses of the dif-               (b)(1) of this section; or
ferent distilleries which distilled a por-            (iii) The name and principal place of
tion of the ‘‘straight whisky.’’                    business in the United States of the
   (4) Where distilled spirits are bottled          person responsible for the importation,
by or for the rectifier thereof, there              if the spirits are bottled for such per-
may be stated, in lieu of the phrase                son, immediately preceded by the
‘‘bottled by’’, ‘‘packed by’’, or ‘‘filled          phrase ‘‘imported by and bottled
by’’, followed by the bottler’s name (or            (packed), (filled) in the United States
trade name) and address, the phrases                for’’ (or a similar appropriate phrase);
‘‘blended by’’, ‘‘made by’’, ‘‘prepared             or,
by’’, ‘‘manufactured by’’, or ‘‘produced              (iv) In the case of imported distilled
by’’ (whichever may be appropriate to               spirits bottled after importation by the
the act of rectification involved) fol-             person responsible for the importation,
lowed by the name (or trade name), and              the words ‘‘imported and bottled
the address (or addresses) of the rec-              (packed), (filled) by’’, ‘‘imported and
tifier.                                             bottled (packed), (filled) exclusively
   (5) In addition to the requirements of           by’’, or a similar appropriate phrase,
paragraphs (a)(1) and (a)(2) of this para-          and immediately thereafter the name
graph, the labels of bottled in bond                of such person and the address of the
spirits shall bear the real name of the             place where bottled or the address of
distillery or the trade name under                  such person’s principal place of busi-
which the distillery produced and                   ness.
warehoused the spirits, the number of                 (c) Post office address. The ‘‘place’’
the plant in which produced and the                 stated shall be the post office address,
number of the plant in which bottled.               except that the street address may be
   (6) The label may state the address of           omitted. No additional places or ad-
the proprietor’s principal place of busi-           dresses shall be stated for the same
ness in lieu of the place where the bot-            person, firm or corporation, unless (1)
tling, distilling or rectification oper-            such person or retailer is actively en-
ation occurred, if the address where the            gaged in the conduct of an additional
operation occurred is indicated by                  bona fide and actual alcoholic beverage
printing, coding, or other markings, on             business at such additional place or ad-
the label or on the bottle.                         dress, and (2) the label also contains in
   (b) ‘‘Imported by’’. (1) On labels of im-        direct conjunction therewith, appro-
ported distilled spirits, bottled prior to          priate descriptive material indicating
importation, there shall be stated the              the function occurring at such addi-
words ‘‘imported by’’, ‘‘imported exclu-            tional place or address.
sively by’’, or a similar appropriate                 (d) State of distillation. Except in the
phrase, and immediately thereafter the              case of ‘‘light whisky’’, ‘‘blended light
name of the importer, or exclusive                  whisky’’, ‘‘blended whisky’’, ‘‘a blend
agent, or sole distributor, or other per-           of straight whiskies’’, or ‘‘spirit whis-
son responsible for the importation, to-            ky’’, the State of distillation shall be
gether with the principal place of busi-            shown on the label of any whisky pro-
ness in the United States of such per-              duced in the United States if the whis-
son.                                                ky is not distilled in the State given in
   (2) On labels of imported distilled              the address on the brand label. The Di-
spirits bottled after importation there             rector may, however, require the State
shall be stated:                                    of distillation to be shown on the label
   (i) The name of the bottler and place            or he may permit such other labeling
where bottled, immediately preceded                 as may be necessary to negate any mis-
by the words ‘‘bottled by’’, ‘‘packed               leading or deceptive impression which
by’’, or ‘‘filled by’’; or                          might be created as to the actual State

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§ 5.37                                                             27 CFR Ch. I (4–1–99 Edition)

of distillation. In the case of ‘‘light                  (1) Not to exceed 0.25 percent alcohol
whisky’’, as defined in § 5.22(b)(3), the              by volume for spirits containing solids
State of distillation shall not appear in              in excess of 600 mg per 100 ml; or
any manner on any label, when the Di-                    (2) Not to exceed 0.25 percent alcohol
rector finds such State is associated by               by volume for any spirits product bot-
consumers with an American type                        tled in 50 or 100 ml size bottles; or
whisky, except as a part of a name and                   (3) Not to exceed 0.15 percent alcohol
address as set forth in paragraph (a) of               by volume for all other spirits.
this section.
  (e) Country of origin. On labels of im-              (Approved by the Office of Management and
ported distilled spirits there shall be                Budget under Control Number 1512–0482)
stated the country of origin in substan-               (Sec. 201, Pub. L. 85–859, 72 Stat. 1394, as
tially the following form ‘‘Product of                 amended (26 U.S.C. 5301(a)); 49 Stat. 917, as
            ’’, the blank to be filled in              amended (27 U.S.C. 205(e))
with the name of the country of origin.
  (f) Trade names. The trade name of                   [T.D. ATF–237, 51 FR 36394, Oct. 10, 1986, as
any permittee appearing on any label                   amended by T.D. ATF–288, 54 FR 47769, Nov.
                                                       17, 1989]
shall be identical with the name in
which his basic permit is issued by the                § 5.38   Net contents.
regional regulatory administrator.
                                                         (a) Bottles conforming to metric stand-
(26 U.S.C. 7805 (68A Stat. 917, as amended); 27
U.S.C. 205 (49 Stat. 981, as amended))
                                                       ards of fill. The net contents of distilled
                                                       spirits shall be stated in the same man-
[T.D. 7020, 34 FR 20637, Dec. 30, 1969, as             ner and form as set forth in the stand-
amended by T.D. ATF–62, 44 FR 71621, Dec.              ards of fill in § 5.47a.
11, 1979; T.D. ATF–198, 50 FR 8464, Mar. 1,
                                                         (b) Bottles not conforming to the metric
1985; T.D. ATF–259, 52 FR 41423, Oct. 28, 1987;
T.D. ATF–260, 52 FR 42101, Nov. 3, 1987]               standards of fill. The net contents for
                                                       distilled spirits bottled before January
§ 5.37 Alcohol content.                                1, 1980, in bottles not conforming to the
   (a) Statements—(1) Mandatory state-                 metric standards of fill, shall be stated
ment. The alcohol content for distilled                in the same manner and form as set
spirits shall be stated in percent-alco-               forth in § 5.47(a), except for cordials and
hol-by-volume. Products such as ‘‘Rock                 liqueurs, cocktails, highballs, bitters
and Rye. or similar products con-                      and specialties, as specified by the Di-
taining a significant amount of solid                  rector. The net contents for these spe-
material shall state the alcohol con-                  cialty products shall be stated in U.S.
tent at the time of bottling as follows:               measure (i.e., gallons, quarts, pints,
‘‘Bottled at          percent-alcohol-by-              fluid ounces).
volume.’’                                                (c) Net contents marked in bottles. The
   (2) Optional statement. In addition, the            net contents need not be marked on
label may also state the alcohol con-                  any lable if they are legibly blown,
tent in degrees of proof if this informa-              etched,      sandblasted,    marked      by
tion appears in direct conjunction (i.e.               underglaze coloring, or otherwise per-
with no intervening material) with the                 manently marked by any method ap-
statement expressed in percent-alco-                   proved by the Director on the side,
hol-by-volume. If both forms of alcohol                front, or back of the container in an
content are shown, the optional state-                 unobscured location. containers of 200
ment in degrees of proof shall be placed               ml or greater capacity shall bear let-
in parentheses, in brackets, or other-                 ters and figures of not less than one-
wise distinguished from the mandatory                  quarter inch height.
statement in percent-alcohol-by-by-                      (d) Qualifying statements. Words or
volume to emphasize the fact that both                 phrases qualifying statements of net
expressions of alcohol content mean                    contents are prohibited.
the same thing.
   (b) Tolerances. The following toler-                (Sec. 5, 49 Stat. 981, as amended (27 U.S.C.
                                                       205); 26 U.S.C. 5301)
ances shall be allowed (without affect-
ing the labeled statement of alcohol                   [T.D. ATF–146, 48 FR 43321, Sept. 23, 1983, as
content) for losses of alcohol content                 amended by T.D. ATF–249, 52 FR 5956, Feb.
occurring during bottling:                             27, 1987]

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                            § 5.40

§ 5.39 Presence of neutral spirits and                 (3) If no coloring material other than
     coloring, flavoring, and blending              caramel has been added, there may be
     materials.                                     stated in lieu of the words ‘‘artificially
   (a) Neutral spirits and name of com-             colored,’’ the words ‘‘colored with car-
modity. (1) In the case of distilled spir-          amel,’’ or a substantially similar state-
its (other than cordials, liqueurs, and             ment, but no such statement is re-
specialties) produced by blending or                quired for the use of caramel in brandy,
                                                    rum, or tequila, or in any type of whis-
rectification, if neutral spirits have
                                                    ky other than straight whisky.
been used in the production thereof,
                                                       (c) Treatment with wood. The words
there shall be stated the percentage of
                                                    ‘‘colored and flavored with wood
neutral spirits so used and the name of
                                                    (insert chips, slabs, etc., as appro-
the commodity from which such neu-
                                                    priate)’’ shall be stated as a part of the
tral spirits have been distilled. The
                                                    class and type designation for whisky
statement of percentage and the name                and brandy treated, in whole or in part,
of the commodity shall be made in sub-              with wood through percolation, or oth-
stantially      the     following     form:         erwise, during distillation or storage,
‘‘         % neutral spirits distilled              other than through contact with the
from                   (insert grain, cane          oak container. Provided, that the above
products, or fruit as appropriate)’’; or            statement shall not apply to brandy
‘‘         % neutral spirits (vodka) dis-           treated with an infusion of oak chip in
tilled from                   (insert grain,        accordance with § 5.23(a).
cane products, or fruit, as appro-
priate)’’; or ‘‘           % grain (cane            [T.D. 720, 34 FR 20637, Dec. 30, 1969, as amend-
products), (fruit) neutral spirits’’, or            ed by T.D. ATF–94, 46 FR 55097, Nov. 6, 1981;
                                                    T.D. ATF–292, 55 FR 1065, Jan. 11, 1990]
‘‘         % grain spirits.’’
   (2) In the case of neutral spirits or of         § 5.40 Statements of age and percent-
gin produced by a process of contin-                     age.
uous distillation, there shall be stated               (a) Statements of age and percentage for
the name of the commodity from which                whisky. In the case of straight whisky
such neutral spirits or gin have been               bottled in conformity with the bottled
distilled. The statement of the name of             in bond labeling requirements and of
the commodity shall be made in sub-                 domestic or foreign whisky, whether or
stantially the following form: ‘‘Dis-               not mixed or blended, all of which is 4
tilled from grain’’, or ‘‘Distilled from            years old or more, statements of age
cane products’’, or ‘‘Distilled from                and percentage are optional. As to all
fruit’’.                                            other whiskies there shall be stated the
   (b) Coloring materials. The words                following:
‘‘artifically colored’’ shall be stated on             (1) In the case of whisky, whether or
the label of any distilled spirits con-             not mixed or blended but containing no
taining synthetic or natural materials              neutral spirits, the age of the youngest
which primarily contribute color, or                whisky. The age statement shall read
when the label conveys the impression               substantially as follows: ‘‘         years
that the color is derived from a source             old.’’
other than the actual source, except                   (2) In the case of whisky, containing
that:                                               neutral spirits, if any of the straight
   (1) If no coloring material other than           whisky and/or other whisky is less than
natural flavoring material has been                 4 years old, the percentage by volume
added, there may be stated in lieu of               of straight whisky and/or other whis-
the words ‘‘artificially colored’’ a                ky, and the age of the straight whisky
truthful and adequate statement of the              (the youngest if two or more) and the
source of the color;                                age of such other whisky (the youngest
   (2) If no coloring material other than           if two or more). If all the straight whis-
those certified as suitable for use in              ky and/or other whisky is 4 years or
foods by the Food and Drug Adminis-                 more old, the age and percentage state-
tration has been added, there may be                ment for such whiskies is optional. The
stated in lieu of the words ‘‘artificially          age and percentage statement for
colored,’’ the words ‘‘certified color              straight whiskies and/or other whisky,
added’’; and                                        whether required or optional, shall be

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§ 5.40                                                         27 CFR Ch. I (4–1–99 Edition)

stated in immediate conjunction with                tainers as follows: ‘‘          stored
the neutral spirits statement required              years in reused cooperage.’’
by § 5.39, and shall read substantially as             (5) Optional age statements shall ap-
follows:                                            pear in the same form as required age
   (i) If only one straight whisky and no           statements.
other whisky is contained in the blend:                (b) Statements of age for rum, brandy,
‘‘        percent straight whisky                   and Tequila. Age may, but need not, be
years old.’’                                        stated on labels of rums, brandies, and
   (ii) If more than one straight whisky            Tequila, except that an appropriate
and no other whisky is contained in                 statement with respect to age shall ap-
the blend: ‘‘       percent straight whis-          pear on the brand label in case of bran-
kies         years or more old.’’ The age           dy (other than immature brandies and
blank shall be filled in with the age of            fruit brandies which are not custom-
the youngest straight whisky. In lieu               arily stored in oak containers) not
of the foregoing, a statement may be                stored in oak containers for a period of
made of the ages and percentages of                 at least 2 years. If age is stated, it shall
each of the straight whiskies contained             be substantially as follows: ‘‘       years
in the blend: ‘‘          percent straight          old’’; the blank to be filled in with the
whisky           years old,          percent        age of the youngest distilled spirits in
straight whisky         years old, and              the product.
percent straight whisky                years           (c) Statement of storage for grain spir-
old.’’                                              its. In case of grain spirits, the period
   (iii) If only one straight whisky and            of storage in oak containers may be
one other whisky is contained in the                stated in immediate conjunction with
blend: ‘‘        percent straight whisky            the required percentage statement; for
       years old,      percent whisky               example, ‘‘      % grain spirits stored
years old.’’                                              years in oak containers.’’
   (iv) If more than one straight whisky               (d) Other distilled spirits. Age, matu-
and more than one other whisky is con-              rity, or similar statements or represen-
tained in the blend: ‘‘              percent        tations as to neutral spirits (except for
straight whiskies           years or more           grain spirits as stated in paragraph (c)
old,        percent whiskies        years or        of this section), gin, liqueurs, cordials,
more old.’’ The age blanks shall be                 cocktails, highballs, bitters, flavored
filled in with the ages of the youngest             brandy, flavored gin, flavored rum, fla-
straight whisky and the youngest other              vored vodka, flavored whisky, and spe-
whisky. In lieu of the foregoing, a                 cialties are misleading and are prohib-
statement may be made of the ages and               ited from being stated on any label.
percentages of each of the straight                    (e) Miscellaneous age representations.
whiskies and other whiskies contained               (1) Age may be understated but shall
in the blend: ‘‘          percent straight          not be overstated.
whisky           years old,          percent           (2) If any age, maturity, or similar
straight whisky         years old,      per-        representation is made relative to any
cent whisky           years old, and                distilled spirits (such representations
percent whisky         years old.’’                 for products enumerated in paragraph
   (3) In the case of imported whiskies             (d) of this section are prohibited), the
described in § 5.22(l), Class 12, the labels        age shall also be stated on all labels
shall state the ages and percentages in             where such representation appears, and
the same manner and form as is re-                  in a manner substantially as con-
quired for the same type of whisky pro-             spicuous as such representation: Pro-
duced in the United States.                         vided. That the use of the word ‘‘old’’ or
   (4) Notwithstanding the foregoing                other word denoting age, as part of the
provisions of this paragraph, in the                brand name, shall not be deemed to be
case of whisky produced in the United               an age representation: And provided
States and stored in reused oak con-                further, That the labels of whiskies and
tainers, except for corn whisky, and for            brandies (except immature brandies)
light whisky produced on or after Jan-              not required to bear a statement of
uary 26, 1968, there shall be stated in             age, and rum and Tequila aged for not
lieu of the words ‘‘        years old’’ the         less than 4 years, may contain general
period of storage in reused oak con-                inconspicuous age, maturity or similar

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         § 5.42

representations without the label bear-                matter accompanying such bottles to
ing an age statement.                                  the consumer shall not contain:
                                                         (1) Any statement that is false or un-
(26 U.S.C. 7805 (68A Stat. 917, as amended); 27
U.S.C. 205 (49 Stat. 981, as amended))                 true in any particular, or that, irre-
                                                       spective of falsity, directly, or by am-
[T.D. 7020, 34 FR 20637, Dec. 30, 1969, as             biguity, omission, or inference, or by
amended by T.D. ATF–62, 44 FR 71621, Dec.              the addition of irrelevant, scientific or
11, 1979; T.D. ATF–198, 50 FR 8464, Mar. 1,            technical matter, tends to create a
1985]
                                                       misleading impression.
§ 5.41 Bottle cartons, booklets and leaf-                (2) Any statement that is disparaging
     lets.                                             of a competitor’s product.
                                                         (3) Any statement, design, device, or
  (a) General. An individual covering,                 representation which is obscene or in-
carton, or other container of the bottle               decent.
used for sale at retail (other than a                    (4) Any statement, design, device, or
shipping container), or any written,                   representation of or relating to anal-
printed, graphic, or other matter ac-                  yses, standards, or tests, irrespective of
companying the bottle to the consumer                  falsity, which the Director finds to be
buyer shall not contain any statement,                 likely to mislead the consumer.
design, device, or graphic, pictorial, or                (5) Any statement, design, device, or
emblematic representation that is pro-                 representation of or relating to any
hibited by §§ 5.31 through 5.42 on labels.             guarantee, irrespective of falsity,
  (b) Sealed opaque cartons. If bottles                which the Director finds to be likely to
are enclosed in sealed opaque cov-                     mislead the consumer. Money-back
erings, cartons, or other containers                   guarantees are not prohibited.
used for sale at retail (other than ship-                (6) A trade or brand name that is the
ping containers), such coverings, car-                 name of any living individual of public
tons, or other containers must bear all                prominence, or existing private or pub-
mandatory label information.                           lic organization, or is a name that is in
  (c) Other cartons. (1) If an individual              simulation or is an abbreviation there-
covering, carton, or other container of                of, or any graphic, pictorial, or em-
the bottle used for sale at retail (other              blematic representation of any such in-
than a shipping container) is so de-                   dividual or organization, if the use of
signed that the bottle is readily remov-               such name or representation is likely
able, it may display any information                   to falsely lead the consumer to believe
which is not in conflict with the label                that the product has been endorsed,
on the bottle contained therein.                       made, or used by, or produced for, or
  (2) Cartons displaying brand names                   under the supervision of, or in accord-
and/or designations must display such                  ance with the specifications of, such in-
names and designations in their en-                    dividual or organization: Provided,
tirety—brand names required to be                      That this paragraph shall not apply to
modified, e.g. by ‘‘Brand’’ or ‘‘Product               the use of the name of any person en-
of U.S.A.’’, must also display such                    gaged in business as a distiller, rec-
modification.                                          tifier, blender, or other producer, or as
  (3) Specialty products for which a                   an importer, wholesaler, retailer,
truthful and adequate statement of                     bottler, or warehouseman, of distilled
composition is required must display                   spirits, nor to the use by any person of
such statement.                                        a trade or brand name that is the name
[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as             of any living individual of public prom-
amended by T.D. ATF–36, 41 FR 47426, Oct.              inence or existing private or public or-
29, 1976]                                              ganization, provided such trade or
                                                       brand name was used by him or his
§ 5.42 Prohibited practices.                           predecessors in interest prior to Au-
   (a) Statements on labels. Bottles con-              gust 29, 1935.
taining distilled spirits, or any labels                 (b) Miscellaneous. (1) Labels shall not
on such bottles, or any individual cov-                be of such design as to resemble or sim-
ering, carton, or other container of                   ulate a stamp of the U.S. Government
such bottles used for sale at retail, or               or any State or foreign government.
any written, printed, graphic, or other                Labels, other than stamps authorized

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§ 5.42                                                       27 CFR Ch. I (4–1–99 Edition)

or required by this or any other gov-             domestic distilled spirits unless the
ernment, shall not state or indicate              distilled spirits are:
that the distilled spirits are distilled,            (i) Composed of the same kind of
blended, made, bottled, or sold under,            spirits produced from the same class of
or in accordance with, any municipal,             materials;
State, Federal, or foreign authoriza-                (ii) Produced in the same distilling
tion, law, or regulations, unless such            season by the same distiller at the
statement is required or specifically             same distillery;
authorized by Federal, State, munic-                 (iii) Stored for at least four years in
ipal, or foreign law or regulations. The          wooden containers wherein the spirits
statements authorized by this part to             have been in contact with the wood
appear on labels for domestic distilled           surface except for gin and vodka which
spirits are ‘‘Distilled (produced, bar-           must be stored for at least four years
reled, warehoused, blended, or bottled,           in wooden containers coated or lined
or any combination thereof, as the case           with paraffin or other substance which
may be) under United States (U.S.)                will preclude contact of the spirits
                                                  with the wood surface;
Government supervision’’, or in the
                                                     (iv) Unaltered from their original
case of distilled spirits labeled as bot-
                                                  condition or character by the addition
tled in bond, ‘‘Bottled in bond under
                                                  or subtraction of any substance other
United States (U.S.) Government su-
                                                  than by filtration, chill proofing, or
pervision’’. If the municipal, State, or          other physical treatments (which do
Federal Government permit number is               not involve the addition of any sub-
stated on a label, it shall not be accom-         stance which will remain incorporated
panied by any additional statement re-            in the finished product or result in a
lating thereto.                                   change in class or type);
   (2) If imported distilled spirits are             (v) Reduced in proof by the addition
covered by a certificate of origin or of          of pure water only to 100 degrees of
age issued by a duly authorized official          proof; and
of the appropriate foreign government,               (vi) Bottles at 100 degrees of proof.
the label, except where prohibited by             In addition to the requirements of
the foreign government, may refer to              § 5.36(a) (1) or (2), the label shall bear
such certificate or the fact of such cer-         the real name of the distillery or the
tification, but shall not be accom-               trade name under which the distillery
panied by any additional statement re-            produced and warehoused the spirits,
lating thereto. The reference to such             and the plant (or registered distillery)
certificate or certification shall, in the        number in which produced; and the
case of Cognac, be substantially in the           plant number in which bottled. The
following form: ‘‘This product accom-             label may also bear the name or trade
panied at the time of importation by              name of the bottler.
an ‘Acquit Regional Jaune d’Or’ issued               (4) The words ‘‘bond’’, ‘‘bonded’’,
by the French Government, indicating              ‘‘bottled in bond’’, ‘‘aged in bond’’, or
that this grape brandy was distilled in           phrases containing these or synony-
the Cognac Region of France’’; and in             mous terms, shall not be used on any
the case of other distilled spirits, sub-         label or as part of the brand name of
stantially in the following form: ‘‘This          imported distilled spirits unless the
product accompanied at time of impor-             distilled spirits meet in all respects the
tation by a certificate issued by the             requirements applicable to distilled
      government (name of government)             spirits bottled for domestic consump-
indicating that the product is                    tion, so labeled, and unless the laws
(class and type as required to be stated          and regulations of the country in
on the label), and (if label claims age)          which such distilled spirits are pro-
that none of the distilled spirits are of         duced authorize the bottling of dis-
an age less than stated on this label.’’          tilled spirits in bond and require or
   (3) The words ‘‘bond’’, ‘‘bonded’’,            specifically authorize such distilled
‘‘bottled in bond’’, ‘‘aged in bond’’, or         spirits to be so labeled. All spirits la-
phrases containing these or synony-               beled as ‘‘bonded’’, ‘‘bottled in bond’’,
mous terms, shall not be used on any              or ‘‘aged in bond’’ pursuant to the pro-
label or as part of the brand name of             visions of this paragraph shall bear in

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                          § 5.46

direct conjunction with such statement            (26 U.S.C. 7805 (68A Stat. 917, as amended); 27
and in script, type, or printing substan-         U.S.C. 205 (49 Stat. 981, as amended))
tially as conspicuous as that used on             [T.D. 7020, 34 FR 20637, Dec. 30, 1969, as
such statement, the name of the coun-             amended by T.D. ATF–62, 44 FR 71621, Dec.
try under whose laws and regulations              11, 1979; T.D. ATF–180, 49 FR 31673, Aug. 8,
such distilled spirits were so bottled.           1984; 49 FR 35768. Sept. 12, 1984; T.D. ATF–198,
  (5) The word ‘‘pure’’ shall not be stat-        50 FR 8464, Mar. 1, 1985; 50 FR 23410, June 4,
ed upon labels unless:                            1985]
  (i) It refers to a particular ingredient
used in the production of the distilled             Subpart E—Standards of Fill for
spirits, and is a truthful representation               Bottled Distilled Spirits
about that ingredient; or
  (ii) It is part of the bona fide name of        § 5.45 Application.
a permittee or retailer for whom the                 No person engaged in business as a
distilled spirits are bottled; or                 distiller, rectifier, importer, whole-
  (iii) It is part of the bona fide name          saler, or warehouseman and bottler, di-
of the permittee who bottled the dis-             rectly or indirectly, or through an af-
tilled spirits.                                   filiate, shall sell or ship or deliver for
  (6) Distilled spirits shall not be la-          sale or shipment, or otherwise intro-
beled as ‘‘double distilled’’ or ’’triple         duce in interstate or foreign com-
distilled’’ or any similar term unless it         merce, or receive therein or remove
is a truthful statement of fact; except           from customs custody any distilled
that ‘‘double distilled’’ or ‘‘triple dis-        spirits in bottles unless such distilled
tilled’’ shall not be permitted on labels         spirits are bottled and packed in con-
of distilled spirits produced by the re-          formity with §§ 5.46 through 5.47a.
distillation method when a second or
                                                  (Sec. 5, 49 Stat. 981, as amended (27 U.S.C.
third distillation step is a necessary
                                                  205); 26 U.S.C. 5301)
distillation process for the production
of the product.                                   [T.D. ATF–25, 41 FR 10221, Mar. 10, 1976; T.D.
  (7) Labels shall not contain any                ATF–146, 48 FR 43321, Sept. 23, 1983]
statement, design, device, or pictorial
representation which the Director finds           § 5.46 Standard liquor bottles.
relates to, or is capable of being con-              (a) General. A standard liquor bottle
strued as relating to, the armed forces           shall be one so made and formed, and
of the United States, or the American             so filled, as not to mislead the pur-
flag, or any emblem, seal, insignia, or           chaser. An individual carton or other
decoration associated with such flag or           container of a bottle shall not be so de-
armed forces; nor shall any label con-            signed as to mislead purchasers as to
tain any statement, design, device, or            the size of the bottles.
pictorial representation of or con-                  (b) Headspace. A liquor bottle of a ca-
cerning any flag, seal, coat of arms,             pacity of 200 milliliters or more shall
crest or other insignia, likely to mis-           be held to be so filled as to mislead the
lead the consumer to believe that the             purchaser if it has a headspace in ex-
product has been endorsed, made, or               cess of 8 percent of the total capacity
used by, or produced for, or under the            of the bottle after closure.
supervision of, or in accordance with                (c) Design. A liquor bottle shall be
the specifications of the government,             held (irrespective of the correctness of
organization, family, or individual               the stated net contents) to be so made
with whom such flag, seal, coat of                and formed as to mislead the pur-
arms, crest, or insignia is associated.           chaser, if its actual capacity is sub-
  (8) Curative and therapeutic claims.            stantially less than the capacity it ap-
Labels shall not contain any state-               pears to have upon visual examination
ment, design, representation, pictorial           under ordinary conditions of purchase
representation, or device representing            or use.
that the use of distilled spirits has cu-            (d) Exceptions—(1) Distinctive liquor
rative or therapeutic effects if such             bottles. The headspace and design re-
statement is untrue in any particular             quirements in paragraphs (b) and (c) of
or tends to create a misleading impres-           this section do not apply to liquor bot-
sion.Q P=’04’≤                                    tles that are specifically exempted by

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§ 5.47                                                                27 CFR Ch. I (4–1–99 Edition)

the Director, pursuant to an applica-                    pensated by overages in other bottles
tion filed by the bottler or importer.                   in the same shipment.
  (2) Cross reference. For procedures re-                  (d) Limitations. This section does not
garding the issuance, denial and rev-                    apply after December 31, 1979.
ocation of distinctive liquor bottle ap-
                                                         (Sec. 5, 49 Stat. 981, as amended (27 U.S.C.
provals, as well as appeal procedures,                   205); 26 U.S.C. 5301)
see part 13 of this chapter.
                                                         [T.D. 7020, 34 FR 20337, Dec. 30, 1969, as
(Sec. 5, 49 Stat. 981, as amended (27 U.S.C.
                                                         amended by T.D. ATF–25, 41 FR 10221, Mar.
205); 26 U.S.C. 5301)
                                                         10, 1976; T.D. ATF–146, 48 FR 43321, Sept. 23,
[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as               1983]
amended by T.D. ATF–25, 41 FR 10221, Mar.
10, 1976; 41 FR 11022, Mar. 16, 1976; T.D. ATF–          § 5.47a Metric standards of fill (dis-
62, 44 FR 71622, Dec. 11, 1979; T.D. ATF–146, 48              tilled spirits bottled after December
FR 43321, Sept. 23, 1983; T.D. ATF–406, 64 FR                 31, 1979).
2129, Jan. 13, 1999]
                                                           (a) Authorized standards of fill. The
§ 5.47 Standards of fill (distilled spirits              standards of fill for distilled spirits are
     bottled before January 1, 1980).                    the following:
                                                           (1) For containers other than cans de-
  (a) Authorized standards of fill. The
                                                         scribed in paragraph (a)(2), of this sec-
standards of fill for all distilled spirits,
                                                         tion—
whether domestically bottled, or im-
ported, subject to the tolerances al-                    1.75 liters
lowed in this section, shall be as fol-                  1.00 liter
lows:                                                    750 milliliters
1 gallon.                 ⁄ pint.
                         45                              500 milliliters (Authorized for bottling until
1⁄2 gallon.               ⁄ pint.
                         12                                June 30, 1989)
1 quart.                  ⁄ pint.
                         18                              375 milliliters
4⁄5 quart.               1⁄10 pint.
                                                         200 milliliters
1 pint.                  1⁄16 pint (brandy only).
                                                         100 milliliters
  (b) Tolerances. The following toler-                   50 milliliters
ances shall be allowed:                                    (2) For metal containers which have
  (1) Discrepancies due to errors in                     the general shape and design of a can,
measuring which occur in filling con-                    which have a closure which is an inte-
ducted in compliance with good com-                      gral part of the container, and which
mercial practice.                                        cannot be readily reclosed after open-
  (2) Discrepancies due to differences in                ing—
the capacity of bottles, resulting solely
from unavoidable difficulties in manu-                   355 milliliters
                                                         200 milliliters
facturing such bottles to a uniform ca-
                                                         100 milliliters
pacity: Provided, That no greater toler-
                                                         50 milliliters
ance shall be allowed in case of bottles
which, because of their design, cannot                     (b) Tolerances. The following toler-
be made of approximately uniform ca-                     ances shall be allowed:
pacity than is allowed in case of bot-                     (1) Discrepancies due to errors in
tles which can be manufactured so as                     measuring which occur in filling con-
to be of approximately uniform capac-                    ducted in compliance with good com-
ity.                                                     mercial practice.
  (3) Discrepancies in measure due to                      (2) Discrepancies due to differences in
differences in atmospheric conditions                    the capacity of bottles, resulting solely
in various places and which unavoid-                     from unavoidable difficulties in manu-
ably result from the ordinary and cus-                   facturing such bottles to a uniform ca-
tomary exposure of alcoholic beverages                   pacity: Provided, That no greater toler-
in bottles to evaporation. The reason-                   ance shall be allowed in case of bottles
ableness of discrepancies under this                     which, because of their design, cannot
paragraph shall be determined on the                     be made of approximately uniform ca-
facts in each case.                                      pacity than is allowed in case of bot-
  (c) Unreasonable shortages. Unreason-                  tles which can be manufactured so as
able shortages in certain of the bottles                 to be of approximately uniform capac-
in any shipment shall not be com-                        ity.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                              § 5.52

  (3) Discrepancies in measure due to                  lease under the supervision of the Cus-
differences in atmospheric conditions                  toms officers of the port at which the
in various places and which unavoid-                   spirits are located.
ably result from the ordinary and cus-                   (d) Statements of process. ATF Forms
tomary exposure of alcoholic beverages                 5100.31 covering labels for gin bearing
in bottles to evaporation. The reason-                 the word ‘‘distilled’’ as a part of the
ableness of discrepancies under this                   designation shall be accompanied by a
paragraph shall be determined on the                   statement prepared by the manufac-
facts in each case.                                    turer, setting forth a step-by-step de-
  (c) Unreasonable shortages. Unreason-                scription of the manufacturing process.
able shortages in certain of the bottles                 (e) Cross reference. For procedures re-
in any shipment shall not be com-                      garding the issuance, denial, and rev-
pensated by overages in other bottles                  ocation of certificates of label ap-
in the same shipment.                                  proval, as well as appeal procedures,
  (d) Distilled spirits bottled before Janu-           see part 13 of this chapter.
ary 1, 1980. Distilled spirits bottled do-             [T.D. ATF–66, 45 FR 40549, June 13, 1980, as
mestically before January 1, 1980, may                 amended by T.D. ATF–94, 46 FR 55097, Nov. 6,
be marketed after December 31, 1979, if                1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986;
such distilled spirits were bottled in                 T.D. ATF–359, 59 FR 42160, Aug. 17, 1994; T.D.
accordance with § 5.47. (See § 5.53 for                ATF–406, 64 FR 2129, Jan. 13, 1999]
similar provisions relating to distilled
spirits imported in original con-                      § 5.52 Certificates of age and origin.
tainers.)                                                 (a) Scotch, Irish, and Canadian whis-
                                                       kies. Scotch, Irish, and Canadian whis-
(Sec. 5, 49 Stat. 981, as amended (27 U.S.C.
203); 26 U.S.C. 5301)                                  kies, imported in bottles, shall not be
                                                       released from customs custody for con-
[T.D. ATF–25, 41 FR 10221, Mar. 10, 1976, as           sumption unless the invoice is accom-
amended at 41 FR 11022, Mar. 16, 1976; 41 FR           panied by a certificate of origin issued
11497, Mar. 19, 1976; T.D. ATF–35, 41 FR 46859,        by a duly authorized official of the
Oct. 26, 1976; T.D. ATF–62, 44 FR 71622, Dec.
                                                       British, Irish, or Canadian Govern-
11, 1979; T.D. ATF–146, 48 FR 43321, Sept. 23,
1983; T.D. ATF–228, 51 FR 16170, May 1, 1986;          ment, certifying (1) that the particular
T.D. ATF–326, 57 FR 31128, July 14, 1992]              distilled spirits are Scotch, Irish, or
                                                       Canadian whisky, as the case may be,
                                                       (2) that the distilled spirits have been
Subpart F—Requirements for With-                       manufactured in compliance with the
   drawal From Customs Cus-                            laws of the respective foreign govern-
   tody of Bottled Imported Dis-                       ments regulating the manufacture of
   tilled Spirits                                      whisky for home consumption, and (3)
                                                       that the product conforms to the re-
§ 5.51 Label approval and release.                     quirements of the Immature Spirits
  (a) Certificate of label approval. Bot-              Act of such foreign governments for
tled distilled spirits shall not be re-                spirits intended for home consumption.
leased from Customs custody for con-                   In addition, a duly authorized official
sumption unless there is deposited with                of the appropriate foreign government
the appropriate Customs officer at the                 must certify to the age of the youngest
port of entry the original or a photo-                 distilled spirits in the bottle. The age
static copy of an approved certificate                 certified shall be the period during
of label approval, ATF Form 5100.31.                   which, after distillation and before bot-
  (b) Release. If the original or photo-               tling, the distilled spirits have been
static copy of ATF Form 5100.31 has                    stored in oak containers.
been approved, the brand or lot of dis-                   (b) Brandy, Cognac, and rum. Brandy
tilled spirits bearing labels identical                (other than fruit brandies of a type not
with those shown thereon may be re-                    customarily stored in oak containers)
leased from U.S. Customs custody.                      or Cognac, imported in bottles, shall
  (c) Relabeling. Imported distilled spir-             not be released from customs custody
its in U.S. Customs custody which are                  for consumption unless accompanied
not labeled in conformity with certifi-                by a certificate issued by a duly au-
cates of label approval issued by the                  thorized official of the appropriate for-
Director must be relabeled prior to re-                eign country certifying that the age of

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                                                                                               HOME
§ 5.52                                                          27 CFR Ch. I (4–1–99 Edition)

the youngest brandy or Cognac in the                 in bottles, shall not be released from
bottle is not less than 2 years, or if age           customs custody for consumption un-
is stated on the label that none of the              less accompanied by a certificate
distilled spirits are of an age less than            issued by a duly authorized official of
that stated. If the label of any rum, im-            the appropriate foreign government
ported in bottles, contains any state-               certifying:
ment of age, the rum shall not be re-                  (1) In the case of whisky, whether or
leased from customs custody for con-                 not mixed or blended but containing no
sumption unless accompanied by a cer-                neutral spirits, (i) the class and type
tificate issued by a duly authorized of-             thereof, (ii) the American proof at
ficial of the appropriate foreign coun-              which produced, (iii) that no neutral
try, certifying to the age of the young-             spirits (or other whisky in the case of
est rum in the bottle. The age certified
                                                     straight whisky) has been added as a
shall be the period during which, after
                                                     part thereof or included therein,
distillation and before bottling, the
                                                     whether or not for the purpose of re-
distilled spirits have been stored in oak
                                                     placing outage, (iv) the age of the whis-
containers. If the label of any fruit
brandy, not stored in oak containers,                ky, and (v) the type of oak container in
bears any statement of storage in other              which such age was acquired (whether
type containers, the brandy must be                  new or reused; also whether charred or
accompanied by a certificate issued by               uncharred);
a duly authorized official of the appro-               (2) In the case of whisky containing
priate foreign government certifying to              neutral spirits, (i) the class and type
such storage. Cognac, imported in bot-               thereof, (ii) the percentage of straight
tles, shall not be released from customs             whisky, if any, used in the blend, (iii)
custody for consumption unless the in-               the American proof at which the
voice is accompanied by a certificate                straight whisky was produced, (iv) the
issued by a duly authorized official of              percentage of other whisky, if any, in
the French Government, certifying                    the blend, (v) the percentage of neutral
that the product is grape brandy dis-                spirits in the blend, and the name of
tilled in the Cognac region of France                the commodity from which distilled,
and entitled to be designated as ‘‘Co-               (vi) the age of the straight whisky and
gnac’’ by the laws and regulations of                the age of the other whisky in the
the French Government.                               blend, and (vii) the type of oak con-
  (c) Tequila. (1) Tequila, imported in              tainers in which such age or ages were
bottles, shall not be released from cus-             acquired (whether new or reused; also
toms custody for consumption unless a                whether charred or uncharred).
certificate of a duly authorized official              (e) Miscellaneous. Distilled spirits
of the Mexican Government that the                   (other than Scotch, Irish, and Canadian
product is entitled to be designated as              whiskies, and Cognac) in bottles shall
Tequila under the applicable laws and                not be released from customs custody
regulations of the Mexican Govern-                   for consumption unless the invoice is
ment is filed with the application for               accompanied by a certificate of origin
release.                                             issued by a duly authorized official of
  (2) If the label of any Tequila im-                the appropriate foreign government, if
ported in bottles, contains any state-               the issuance of such certificates with
ment of age, the Tequila shall not be
                                                     respect to such distilled spirits has
released from customs custody for con-
                                                     been authorized by the foreign govern-
sumption unless a certificate of a duly
                                                     ment concerned, certifying as to the
authorized official of the Mexican Gov-
                                                     identity of the distilled spirits and that
ernment as to the age of the youngest
                                                     the distilled spirits have been manufac-
Tequila in the bottle is filed with the
application for release. The age cer-                tured in compliance with the laws of
tified shall be the period during which              the respective foreign government reg-
the Tequila has been stored in oak con-              ulating the manufacture of such dis-
tainers after distillation and before                tilled spirits for home consumption.
bottling.                                            [T.D. 7020, 34 FR 20337, Dec. 30, 1969, as
  (d) Other whiskies. Whisky, as defined             amended by T.D. ATF–7, 38 FR 33471, Dec. 5,
in § 5.22(b) (1), (4), (5), and (6), imported        1973]

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                           § 5.61

§ 5.53 Certificate of nonstandard fill.               (b) Exemption. Any bottler of distilled
                                                    spirits shall be exempt from the re-
   (a) Distilled spirits imported in origi-
                                                    quirements in paragraph (a) of this sec-
nal containers not conforming to the                tion and § 5.56 if the bottler possesses a
metric standards of fill prescribed in              certificate of exemption from label ap-
§ 5.47a shall not be released from Cus-             proval, ATF Form 5100.31, issued by the
toms custody after December 31, 1979:               Director pursuant to application on
   (1) Unless the distilled spirits are ac-         that Form showing that the distilled
companied by a statement signed by a                spirits to be bottled are not to be sold,
duly authorized official of the appro-              offered for sale, or shipped or delivered
priate foreign country, stating that the            for shipment, or otherwise introduced
distilled spirits were bottled or packed            into interstate or foreign commerce.
prior to January 1, 1980; or                          (c) Miscellaneous. Photoprints or
   (2) Unless the distilled spirits are             other reproductions of certificates of
being withdrawn from a Customs bond-                label approval, or certificates of ex-
ed warehouse or foreign trade zone into             emption are not acceptable as sub-
which entered on or before December                 stitutes for an original or duplicate
31, 1979.                                           original (issued, on request, by the Di-
   (b) Distilled spirits imported in 500            rector) of a certificate. The original or
ml containers shall not be released                 duplicate original of such certificates
from Customs custody after June 30,                 shall, on demand, be exhibited to an
1989:                                               authorized officer of the U.S. Govern-
   (1) Unless the distilled spirits are ac-         ment.
companied by a certificate issued by                  (d) Cross reference. For procedures re-
the government of the appropriate for-              garding the issuance, denial, and rev-
eign country, stating that the distilled            ocation of certificates of label approval
spirits were bottled or packed prior to             and certificates of exemption from
July 1, 1989; or                                    label approval, as well as appeal proce-
   (2) Unless the distilled spirits are             dures, see part 13 of this chapter.
being withdrawn from a Customs bond-                [T.D. ATF–66, 45 FR 40550, June 13, 1980, as
ed warehouse or foreign trade zone into             amended by T.D. ATF–94, 46 FR 55097, Nov. 6,
which entered on or before June 30,                 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986;
1989.                                               T.D. ATF–406, 64 FR 2129, Jan. 13, 1999]

[T.D. ATF–25, 41 FR 10222, Mar. 10, 1976, as        § 5.56 Certificates of age and origin.
amended by T.D. ATF–228, 51 FR 16170, May
1, 1986]
                                                       Distilled spirits imported in bulk for
                                                    bottling in the United States shall not
                                                    be removed from the plant where bot-
Subpart G—Requirements for Ap-                      tled unless the bottler possesses certifi-
   proval of Labels of Domesti-                     cates of age and certificates of origin
   cally Bottled Distilled Spirits                  applicable to such spirits which are
                                                    similar to the certificates required by
§ 5.55 Certificates of label approval.              § 5.52 for like distilled spirits imported
  (a) Requirement. Distilled spirits shall          in bottles.
not be bottled or removed from a plant,
except as provided in paragraph (b) of              Subpart H—Advertising of Distilled
this section, unless the proprietor pos-                        Spirits
sesses a certificate of label approval,
ATF Form 5100.31, covering the labels               § 5.61 Application.
on the bottle, issued by the Director                  No person engaged in business as a
pursuant to application on such form.               distiller, rectifier, importer, whole-
Application for certificates of label ap-           saler, or warehouseman and bottler of
proval covering labels for imported gin             distilled spirits, directly or indirectly
bearing the word ‘‘distilled’’ as a part            or through an affiliate, shall publish or
of the designation shall be accom-                  disseminate or cause to be published or
panied by a statement prepared by the               disseminated by radio or television
manufacturer setting forth a step-by-               broadcast, or in any newspaper, peri-
step description of the manufacturing               odical, or any publication, by any sign
process.                                            or outdoor advertisement, or any other

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§ 5.62                                                        27 CFR Ch. I (4–1–99 Edition)

printed or graphic matter, any adver-             mittee, and which is not written by or
tisement of distilled spirits, if such ad-        at the direction of the permittee.
vertising is in, or is calculated to in-          [T.D. ATF–180, 49 FR 31673, Aug. 8, 1984]
duce sales in, interstate or foreign
commerce, or is disseminated by mail,             § 5.63 Mandatory statements.
unless such advertisement is in con-
                                                     (a) Responsible advertiser. The adver-
formity with §§ 5.61 through 5.66 of this
                                                  tisement shall state the name and ad-
part. Provided, that such sections shall
                                                  dress of the permittee responsible for
not apply to outdoor advertising in               its publication or broadcast. Street
place on (effective date of this treasury         number and name may be omitted in
decision), but shall apply upon replace-          the address.
ment, restoration, or renovation of any              (b) Class and type. The advertisement
such advertising; and provided further,           shall contain a conspicuous statement
that such sections shall not apply to a           of the class to which the product be-
retailer or the publisher of any news-            longs and the type thereof cor-
paper, periodical, or other publication,          responding with the statement of class
or radio or television broadcast, unless          and type which is required to appear on
such retailer or publisher or radio or            the label of the product.
television broadcaster is engaged in                 (c) Alcohol content—(1) Mandatory
business as a distiller, rectifier, im-           statement. The alcohol content for dis-
porter, wholesaler, or warehouseman               tilled spirits shall be stated in percent-
and bottler of distilled spirits, directly        alcohol-by-volume. Products such as
or indirectly, or through an affiliate.           ‘‘Rock and Rye’’ or similar products
[T.D. ATF–180, 49 FR 31673, Aug. 8, 1984]         containing a significant amount of
                                                  solid material shall state the alcohol
§ 5.62 Definition.                                content at the time of bottling as fol-
                                                  lows: ‘‘Bottled at            percent-alco-
  As used in §§ 5.61 through 5.66 of this         hol-by-volume.’’
part, the term ‘‘advertisement’’ in-                 (2) Optional statement. In addition, the
cludes any written or verbal state-               advertisement may also state the alco-
ment, illlustration, or depiction which           hol content in degrees of proof if this
is in, or calculated to induce sales in,          information appears in direct conjunc-
interstate or foreign commerce, or is             tion (i.e. with no intervening material)
disseminated by mail, whether it ap-              with the statement expressed in per-
pears in a newspaper, magazine, trade             cent-alcohol-by-volume. If both forms
booklet, menu, wine card, leaflet, cir-           of alcohol content are shown, the op-
cular, mailer, book insert, catalog, pro-         tional statement in degrees of proof
motional material, sales pamphlet, or             shall be placed in parentheses, in
in any written, printed, graphic, or              brackets, or otherwise distinguished
other matter accompanying the bottle,             from the mandatory statement in per-
representations made on cases or in               cent-alcohol-by-volume to emphasize
any billboard, sign, other outdoor dis-           the fact that both expressions of alco-
play, public transit card, other peri-            hol content mean the same thing.
odical literature, publication, or in a              (d) Percentage of neutral spirits and
radio or television broadcast, or in any          name of commodity. (1) In the case of
other media; except that such term                distilled spirits (other than cordials, li-
shall not include:                                queurs, and specialties) produced by
  (a) Any label affixed to any bottle of          blending or rectification, if neutral
distilled spirits; or any individual cov-         spirits have been used in the produc-
ering, carton, or other container of the          tion thereof, there shall be stated the
bottle which constitute a part of the             percentage of neutral spirits so used
labeling under §§ 5.31 through 5.42 of            and the name of the commodity from
this part.                                        which such neutral spirits have been
  (b) Any editorial or other reading              distilled. The statement of percentage
material (i.e., news release) in any peri-        and the name of the commodity shall
odical or publication or newspaper for            be made in substantially the following
the publication of which no money or              form: ‘‘      % neutral spirits distilled
valuable consideration is paid or prom-           from             (insert grain, cane prod-
ised, directly or indirectly, by any per-         ucts, or fruit, as appropriate)’’; or

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                           § 5.65

     % neutral spirits (vodka) distilled            rated in any manner from the remain-
from            (insert grain, cane prod-           der of the advertisement.
uct, or fruit, as appropriate)’’; or                  (d) Manadatory information for two
‘‘     % grain (cane products), (fruit)             or more products shall not be stated
neutral spirits’’; or ‘‘     % grain spir-          unless clearly separated.
its’’.                                                (e) Mandatory information shall be
   (2) In the case of neutral spirits or of         so stated in both the print and audio-
gin produced by a process of contin-                visual media that it will be readily ap-
uous distillation, there shall be stated            parent to the persons viewing the ad-
the name of the commodity from which                vertisement.
such neutral spirits or gin has been dis-           [T.D. ATF–180, 49 FR 31674, Aug. 8, 1984]
tilled. The statement of the name of
the commodity shall be made in sub-                 § 5.65   Prohibited practices.
stantially the following form: ‘‘Dis-
                                                       (a) Restrictions. An advertisement of
tilled from grain’’, or ‘‘Distilled from
                                                    distilled spirits shall not contain:
cane products’’, or ‘‘Distilled from
                                                       (1) Any statement that is false or un-
fruit.’’
                                                    true in any material particular, or
   (e) Exception. (1) If an advertisement
                                                    that, irrespective of falsity, directly, or
refers to a general distilled spirits line          by ambiguity, omission, or inference,
or all of the distilled spirits products of         or by the addition of irrelevant, sci-
one company, whether by the company                 entific or technical matter tends to
name or by the brand name common to                 create a misleading impression.
all the distilled spirits in the line, the
                                                       (2) Any statement that is disparaging
only mandatory information necessary
                                                    of a competitor’s product.
is the name and address of the respon-
                                                       (3) Any statement, design, device, or
sible advertiser. This exception does
                                                    representation which is obscene or in-
not apply where only one type of dis-
                                                    decent.
tilled spirits is marketed under the
                                                       (4) Any statement, design, device, or
specific brand name advertised.
                                                    representation of or relating to anal-
   (2) On consumer specialty items, the
                                                    yses, standards or tests, irrespective of
only information necessary is the com-
                                                    falsity, which the Director finds to be
pany name or brand name of the prod-
                                                    likely to mislead the consumer.
uct.
                                                       (5) Any statement, design, device, or
[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as          representation of or relating to any
amended by T.D. ATF–180, 49 FR 31674, Aug.          guarantee, irrespective of falsity,
8, 1984; T.D. ATF–237, 51 FR 36394, Oct. 10,        which the Director finds to be likely to
1986]                                               mislead the consumer. Money-back
                                                    guarantees are not prohibited.
§ 5.64 Legibility of mandatory informa-
     tion.                                             (6) Any statement that the distilled
                                                    spirits are distilled, blended, made,
  (a) Statements required under §§ 5.61             bottled, or sold under or in accordance
through 5.66 of this part to appear in              with any municipal, State, Federal, or
any written, printed, or graphic adver-             foreign authorization, law, or regula-
tisement shall be in lettering or type              tion, unless such statement appears in
size sufficient to be conspicuous and               the manner authorized by § 5.42 for la-
readily legible.                                    bels of distilled spirits. If a municipal,
  (b) In the case of signs, billboards,             State or Federal permit number is
and displays the name and address of                stated, such permit number shall not
the permittee responsible for the ad-               be accompanied by any additional
vertisement may appear in type size of              statement relating thereto.
lettering smaller than the other man-                  (7) The words ‘‘bond’’, ‘‘bonded’’,
datory information, provided such in-               ‘‘bottled in bond’’, ‘‘aged in bond’’, or
formation can be ascertained upon                   phrases containing these or synony-
closer examination of the sign or bill-             mous terms, unless such words or
board.                                              phrases appear, pursuant to § 5.42, on
  (c) Mandatory information shall be                labels of the distilled spirits adver-
so stated as to be clearly a part of the            tised, and are stated in the advertise-
advertisement and shall not be sepa-                ment in the manner and form in which

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§ 5.65                                                        27 CFR Ch. I (4–1–99 Edition)

they are permitted to appear on the                statement does not appear on the label
label.                                             of the advertised product and in the ad-
   (8) The word ‘‘pure’’ unless:                   vertisement itself.
   (i) It refers to a particular ingredient           (d) Curative and therapeutic claims.
used in the production of the distilled            Advertisements shall not contain any
spirits, and is a truthful representation          statement, design, representation, pic-
about the ingredient; or                           torial representation, or device rep-
   (ii) It is part of the bona fide name of        resenting that the use of distilled spir-
a permittee or retailer from whom the              its has curative or therapeutic effects
distilled spirits are bottled; or                  if such statement is untrue in any par-
   (iii) It is part of the bona fide name          ticular or tends to create a misleading
of the permittee who bottled the dis-              impression.
tilled spirits.                                       (e) Place of origin. The advertisement
   (9) The words ‘‘double distilled’’ or           shall not represent that the distilled
‘‘triple distilled’’ or any similar terms          spirits were manufactured in or im-
unless it is a truthful statement of               ported from a place or country other
fact; except that ‘‘double distilled’’ or          than that of their actual origin, or
‘‘triple distilled’’ shall not be per-             were produced or processed by one who
mitted in advertisements of distilled              was not in fact the actual producer or
spirits produced by the redistillation             processor.
method when a second or third distilla-               (f) Confusion of brands. Two or more
tion step is a necessary distillation              different brands or lots of distilled spir-
process for the production of the prod-            its shall not be advertised in one adver-
uct.                                               tisement (or in two or more advertise-
   (b) Statements inconsistent with label-         ments in one issue of a periodical or
ing. (1) Advertisements shall not con-             newspaper, or in one piece of other
tain any statement concerning a brand              written, printed, or graphic matter) if
or lot of distilled spirits that is incon-         the advertisement tends to create the
sistent with any statement on the la-              impression that representations made
beling thereof.                                    as to one brand or lot apply to the
   (2) Any label depicted on a bottle in           other or others, and if as to such latter
an advertisement shall be a reproduc-              the representations contravene any
tion of an approved label.                         provisions of this subpart or are in any
   (c) Statement of age. The advertise-            respect untrue.
ment shall not contain any statement,                 (g) Flags, seals, coats of arms, crests,
design, or device directly or by impli-            and other insignia. An advertisement
cation concerning age or maturity of               shall not contain any statement, de-
any brand or lot of distilled spirits un-          sign, device, or pictorial representation
less a statement of age appears on the             which the Director finds relates to, or
label of the advertised product. When              is capable of being construed as relat-
any such statement, design, or device              ing to the armed forces of the United
concerning age or maturity is con-                 States, or the American flag, or any
tained in any advertisement, it shall              emblem, seal, insignia, or decoration
include (in direct conjunction there-              associated with such flag or armed
with and with substantially equal con-             forces; nor shall any advertisement
spicuousness) all parts of the state-              contain any statement, design, device,
ment, if any, concerning age and per-              or pictorial representation of or con-
centages required to be made on the                cerning any flag, seal, coat of arms,
label under the provisions of §§ 5.31              crest, or other insignia, likely to mis-
through 5.42. An advertisement for any             lead the consumer to believe that the
whisky or brandy (except immature                  product has been endorsed, made, or
brandies) which is not required to bear            used by, or produced for, or under the
a statement of age on the label or an              supervision of, or in accordance with
advertisement for any rum or Tequila,              the specifications of the government,
which has been aged for not less than 4            organization, family, or individual
years may, however, contain incon-                 with whom such flag, seal, coat of
spicuous, general representation as to             arms, crest, or insignia is associated.
age, maturity or other similar rep-                   (h) Deceptive advertising techniques.
resentations even though a specific age            Subliminal or similar techniques are

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         Pt. 6

prohibited. ‘‘Subliminal or similar                         INTEREST IN RETAIL PROPERTY
techniques,’’ as used in this part, refers        6.31    General.
to any device or technique that is used           6.32    Indirect interest.
to convey, or attempts to convey, a               6.33    Proprietary interest.
message to a person by means of im-               6.34    Mortgages.
ages or sounds of a very brief nature             6.35    Renting display space.
that cannot be perceived at a normal
                                                             FURNISHING THINGS OF VALUE
level of awareness.
                                                  6.41  General.
[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as        6.42  Indirect inducement through       third
amended by T.D. ATF–180, 49 FR 31674, Aug.
                                                      party arrangements.
8, 1984]
                                                  6.43 Sale of equipment.
                                                  6.44 Free warehousing.
§ 5.66 Comparative advertising.
                                                  6.45 Assistance in acquiring license.
   (a) General. Comparative advertising           6.46–6.47 [Reserved]
shall not be disparaging of a competi-
tor’s product.                                           PAYING FOR ADVERTISING, DISPLAY OR
   (b) Taste tests. (1) Taste test results                      DISTRIBUTION SERVICE
may be used in advertisements com-                6.51 General.
paring competitors’ products unless               6.52 Cooperative advertising.
they are disparaging, deceptive, or               6.53 Advertising in ballparks, racetracks,
likely to mislead the consumer.                       and stadiums.
   (2) The taste test procedure used              6.54 Advertising in retailer publications.
                                                  6.55 Display service.
shall meet scientifically accepted pro-           6.56 Renting display space.
cedures. An example of a scientifically
accepted procedure is outlined in the                            GUARANTEEING LOANS
Manual on Sensory Testing Methods,                6.61    Guaranteeing loans.
ASTM Special Technical Publication
434, published by the American Society                           EXTENSION OF CREDIT
for Testing and Materials, 1916 Race              6.65 General.
Street,    Philadelphia,    Pennsylvania          6.66 Calculation of period.
19103, ASTM, 1968, Library of Congress            6.67 Sales to retailer whose account is in ar-
Catalog Card Number 68–15545.                         rears.
   (3) A statement shall appear in the
                                                                      QUOTA SALES
advertisement providing the name and
address of the testing administrator.             6.71    Quota sales.
                                                  6.72    ‘‘Tie-in’’ sales.
[T.D. ATF–180, 49 FR 31674, Aug. 8, 1984]
                                                                Subpart D—Exceptions
         PART 6—‘‘TIED-HOUSE’’                    6.81  General.
                                                  6.82  [Reserved]
       Subpart A—Scope of Regulations             6.83  Product displays.
Sec.                                              6.84  Point of sale advertising materials and
6.1 General.                                          consumer advertising specialties.
6.2 Territorial extent.                           6.85 Temporary retailers.
6.3 Application.                                  6.86–6.87 [Reserved]
6.4 Jurisdictional limits.                        6.88 Equipment and supplies.
6.5 Administrative provisions.                    6.89–6.90 [Reserved]
                                                  6.91 Samples.
            Subpart B—Definitions                 6.92 Newspaper cuts.
                                                  6.93 Combination packaging.
6.11   Meaning of terms.                          6.94 Educational seminars.
                                                  6.95 Consumer tasting or sampling at retail
       Subpart C—Unlawful Inducements                 establishments.
                                                  6.96 Consumer promotions.
                      GENERAL
                                                  6.97 [Reserved]
6.21   Application.                               6.98 Advertising service.
                                                  6.99 Stocking, rotation, and pricing service.
          INTEREST IN RETAIL LICENSE              6.100 Participation in retailer association
6.25 General.                                         activities.
6.26 Indirect interest.                           6.101 Merchandise.
6.27 Proprietary interest.                        6.102 Outside signs.

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§ 6.1                                                           27 CFR Ch. I (4–1–99 Edition)

            Subpart E—Exclusion                        (1) The industry member induces a
                                                     retailer to purchase distilled spirits,
6.151 Exclusion, in general.
6.152 Practices which put retailer independ-
                                                     wine, or malt beverages from such in-
    ence at risk.                                    dustry member to the exclusion in
6.153 Criteria for determining retailer inde-        whole or in part of products sold or of-
    pendence.                                        fered for sale by other persons in inter-
  AUTHORITY: 15 U.S.C. 49–50; 27 U.S.C. 202
                                                     state or foreign commerce; and
and 205; 44 U.S.C. 3504(h).                            (2) If: (i) The inducement is made in
                                                     the course of interstate or foreign com-
  SOURCE: T.D. ATF–74, 45 FR 63251, Sept. 23,        merce; or
1980, unless otherwise noted.
                                                       (ii) The industry member engages in
                                                     the practice of using an inducement to
 Subpart A—Scope of Regulations                      such an extent as substantially to re-
                                                     strain or prevent transactions in inter-
§ 6.1 General.
                                                     state or foreign commerce in any such
   The regulations in this part, issued              products; or
pursuant to section 105 of the Federal                 (iii) The direct effect of the induce-
Alcohol Administration Act (27 U.S.C.                ment is to prevent, deter, hinder or re-
205), specify practices that are means               strict other persons from selling or of-
to induce under section 105(b) of the                fering for sale any such products to
Act, criteria for determining whether a              such retailer in interstate or foreign
practice is a violation of section 105(b)            commerce.
of the Act, and exceptions to section                  (b) Malt beverages. In the case of malt
105(b) of the Act. This part does not at-            beverages, this part applies to trans-
tempt to enumerate all of the practices              actions between a retailer in any State
that may result in a violation of sec-               and a brewer, importer, or wholesaler
tion 105(b) of the Act. Nothing in this              of malt beverages inside or outside
part shall operate to exempt any per-                such State only to the extent that the
son from the requirements of any State               law of such State imposes require-
law or regulation.                                   ments similar to the requirements of
[T.D. ATF–364, 60 FR 20421, Apr. 26, 1995]           section 105(b) of the Federal Alcohol
                                                     Administration Act (27 U.S.C. 205(b)),
§ 6.2 Territorial extent.                            with respect to similar transactions be-
   This part applies to the several                  tween a retailer in such State and a
States of the United States, the Dis-                brewer, importer, or wholesaler or malt
trict of Columbia, and Puerto Rico.                  beverage in such State, as the case
                                                     may be.
§ 6.3 Application.
                                                     [T.D. ATF–74, 45 FR 63251, Sept. 23, 1980, as
   (a) General. This part applies only to            amended by T.D. ATF–364, 60 FR 20421, Apr.
transactions between industry mem-                   26, 1995]
bers and retailers. It does not apply to
transactions between two industry                    § 6.5 Administrative provisions.
members (for example, between a pro-                    (a) General. The Act makes applicable
ducer and a wholesaler), or to trans-                the provisions including penalties of
actions between an industry member                   sections 49 and 50 of Title 15, United
and a retailer wholly owned by that in-              States Code, to the jurisdiction, powers
dustry member.                                       and duties of the Director under this
   (b) Transaction involving State agen-             Act, and to any person (whether or not
cies. The regulations in this part apply             a corporation) subject to the provisions
only to transactions between industry                of law administered by the Director
members and State agencies operating                 under this Act. The Act also provides
as retailers as defined in this part. The            that the Director is authorized to re-
regulations do not apply to State agen-              quire, in such manner and such form as
cies with regard to their wholesale                  he or she shall prescribe, such reports
dealings with retailers.                             as are necessary to carry out the pow-
                                                     ers and duties under this chapter.
§ 6.4 Jurisdictional limits.                            (b) Examination and Subpoena. The
   (a) General. The regulations in this              Director or any authorized ATF offi-
part apply where:                                    cers shall at all reasonable times have

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                    § 6.11

access to, for the purpose of examina-              ATF officer. An officer or employee of
tion, and the right to copy any docu-             the Bureau of Alcohol, Tobacco and
mentary evidence of any person, part-             Firearms (ATF) authorized to perform
nership, or corporation being inves-              any function relating to the adminis-
tigated or proceeded against. The Di-             tration or enforcement of this part.
rector shall also have the power to re-             Brand. For purposes of administering
quire by subpoena the attendance and              this part, the term ‘‘brand’’ refers to
testimony of witnesses and the produc-            differences in the brand name of a
tion of all such documentary evidence             product or in the nature of a product.
relating to any matter under investiga-           Examples of different brands are prod-
tion, upon a satisfactory showing that            ucts having a different brand name or
the requested evidence may reasonably             class, type, or kind designation; appel-
be expected to yield information rel-             lation of origin (wine); vintage date
evant to any matter being investigated            (wine); age (distilled spirits); or per-
under the Act.                                    centage of alcohol. Differences in pack-
  (c) Reports required by the Deputy As-          aging such as difference in label design
sociate Director (Regulatory Enforcement          or color, or a different style, type or
Programs)—(1) General. The Deputy As-             size of container are not considered dif-
sociate Director (Regulatory Enforce-             ferent brands.
ment Programs) may, as part of a trade
                                                    Deputy Associate Director (Regulatory
practice investigation of an industry
                                                  Enforcement Programs). The principal
member, require such industry member
                                                  ATF headquarters official responsible
to submit a written report containing
                                                  for administering regulations in this
information on sponsorships, advertise-
ments, promotions, and other activi-              part.
ties pertaining to its business subject             Director. The Director, Bureau of Al-
to the Act conducted by, or on behalf             cohol, Tobacco and Firearms, the De-
of, or benefiting the industry member.            partment of the Treasury, Washington,
  (2) Preparation. The report will be             DC.
prepared by the industry member in                  Equipment. All functional items such
letter form, executed under the pen-              as tap boxes, glassware, pouring racks,
alties of perjury, and will contain the           and similar items used in the conduct
information specified by the Deputy               of a retailer’s business.
Associate Director (Regulatory En-                  Industry member. Any person engaged
forcement Programs). The period cov-              in business as a distiller, brewer, rec-
ered by the report will not exceed three          tifier, blender, or other producer, or as
years.                                            an importer or wholesaler, of distilled
  (3) Filing. The report will be filed in         spirits, wine or malt beverages, or as a
accordance with the instructions of the           bottler, or warehousemen and bottler,
Deputy Associate Director (Regulatory             of distilled spirits; industry member
Enforcement Programs).                            does not include an agency of a State
                                                  or political subdivision thereof, or an
(Approved by the Office of Management and
Budget under control number 1512–0392)
                                                  officer or employee of such agency.
                                                    Product. Distilled spirits, wine or
[T.D. ATF–364, 60 FR 20421, Apr. 26, 1995]        malt beverages, as defined in the Fed-
                                                  eral Alcohol Administration Act.
        Subpart B—Definitions                       Retail establishment. Any premises
                                                  where distilled spirits, wine or malt
§ 6.11 Meaning of terms.                          beverages are sold or offered for sale to
  As used in this part, unless the con-           consumers, whether for consumption
text otherwise requires, terms have the           on or off the premises where sold.
meanings given in this section. Any                 Retailer. Any person engaged in the
other term defined in the Federal Alco-           sale of distilled spirits, wine or malt
hol Administration Act and used in                beverages to consumers. A wholesaler
this part shall have the meaning as-              who makes incidental retail sales rep-
signed to it by that Act.                         resenting less than five percent of the
  Act. The Federal Alcohol Administra-            wholesaler’s total sales volume for the
tion Act.                                         preceding two-month period shall not

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                                                                                     HOME
§ 6.21                                                           27 CFR Ch. I (4–1–99 Edition)

be considered a retailer with respect to             tailer constitutes a means to induce
such incidental sales.                               within the meaning of the Act.
[T.D. ATF–74, 45 FR 63251, Sept. 23, 1980, as        [T.D. ATF–364, 60 FR 20421, Apr. 26, 1995]
amended by T.D. ATF–364, 60 FR 20421, Apr.
26, 1995]                                            § 6.26 Indirect interest.
                                                        Industry member interest in retail li-
Subpart C—Unlawful Inducements                       censes includes any interest acquired
                                                     by corporate officials, partners, em-
                  GENERAL                            ployees or other representatives of the
                                                     industry member. Any interest in a re-
§ 6.21 Application.                                  tail license acquired by a separate cor-
  Except as provided in subpart D, it is             poration in which the industry member
                                                     or its officials, hold ownership or are
unlawful for any industry member to
                                                     otherwise affiliated, is an interest in a
induce, directly or indirectly, any re-
                                                     retail license.
tailer to purchase any products from
the industry member to the exclusion,                § 6.27 Proprietary interest.
in whole or in part, of such products
                                                        (a) Complete ownership. Outright own-
sold or offered for sale by other persons
                                                     ership of a retail business by an indus-
in interstate or foreign commerce by
                                                     try member is not an interest which
any of the following means:
                                                     may result in a violation of section
  (a) By acquiring or holding (after the             105(b)(1) of the Act.
expiration of any license held at the                   (b) Partial ownership. Less than com-
time the FAA Act was enacted) any in-                plete ownership of a retail business by
terest in any license with respect to                an industry member constitutes an in-
the premises of the retailer;                        terest in a retail license within the
  (b) By acquiring any interest in the               meaning of the Act.
real or personal property owned, occu-
pied, or used by the retailer in the con-            [T.D. ATF–74, 45 FR 63251, Sept. 23, 1980, as
                                                     amended by T.D. ATF–364, 60 FR 20421, Apr.
duct of his business;                                26, 1995]
  (c) By furnishing, giving, renting,
lending, or selling to the retailer, any                  INTEREST IN RETAIL PROPERTY
equipment, fixtures, signs, supplies,
money, services or other thing of                    § 6.31 General.
value, subject to the exceptions con-                   The act by an industry member of ac-
tained in subpart D;                                 quiring an interest in real or personal
  (d) By paying or crediting the re-                 property owned, occupied, or used by
tailer for any advertising, display, or              the retailer in the conduct of business
distribution service;                                constitutes a means to induce within
  (e) By guaranteeing any loan or the                the meaning of the Act.
repayment of any financial obligation                [T.D. ATF–364, 60 FR 20421, Apr. 26, 1995]
of the retailer;
  (f) By extending to the retailer credit            § 6.32 Indirect interest.
for a period in excess of the credit pe-                Industry member interest in retail
riod usual and customary to the indus-               property includes any interest acquired
try for the particular class of trans-               by corporate officials, partners, em-
actions as prescribed in § 6.65; or                  ployees or other representatives of the
  (g) By requiring the retailer to take              industry member. Any interest in re-
and dispose of a certain quota of any                tail property acquired by a separate
such products.                                       corporation in which the industry
                                                     member or its officials, hold ownership
         INTEREST IN RETAIL LICENSE                  or are otherwise affiliated, is an inter-
                                                     est in retail property.
§ 6.25 General.
  The act by an industry member of ac-               § 6.33 Proprietary interest.
quiring or holding any interest in any                  (a) Complete ownership. Outright own-
license (State, county or municipal)                 ership of a retail business by an indus-
with respect to the premises of a re-                try member is not an interest that may

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                             § 6.51

result in a violation of section 105(b)(2)            third party without the knowledge or
of the Act.                                           intent of the industry member, or the
  (b) Partial ownership. Less than com-               industry member did not reasonably
plete ownership of a retail business by               foresee that the thing of value would
an industry member constitutes an in-                 have been furnished to a retailer.
terest in retail property within the                  Things which may lawfully be fur-
meaning of the Act.                                   nished, given, rented, lent, or sold by
                                                      industry members to retailers under
[ T.D. ATF–74, 45 FR 63251, Sept. 23, 1980, as
                                                      subpart D may also be furnished di-
amended by T.D. ATF–364, 60 FR 20421, Apr.
26, 1995]                                             rectly by a third party to a retailer.
                                                      [T.D. ATF–364, 60 FR 20421, Apr. 26, 1995]
§ 6.34 Mortgages.
  The acquisition of a mortgage on a                  § 6.43 Sale of equipment.
retailer’s real or personal property by                  A transaction in which equipment is
an industry member constitutes an in-                 sold to a retailer by an industry mem-
terest in the retailer’s property within              ber, except as provided in § 6.88, is the
the meaning of the Act.                               selling of equipment in within the
                                                      meaning of the Act regardless of how
§ 6.35 Renting display space.                         sold. Further, the negotiation by an in-
  The renting of display space by an in-              dustry member of a special price to a
dustry member at a retail establish-                  retailer for equipment from an equip-
ment constitutes an interest in the re-               ment company is the furnishing of a
tailer’s property within the meaning of               thing of value within the meaning of
the Act.                                              the Act.
                                                      [T.D. ATF–74, 45 FR 63251, Sept. 23, 1980, as
      FURNISHING THINGS OF VALUE                      amended by T.D. ATF–364, 60 FR 20422, Apr.
                                                      26, 1995]
§ 6.41 General.
  Subject to the exceptions listed in                 § 6.44 Free warehousing.
subpart D, the act by an industry mem-                   The furnishing of free warehousing
ber of furnishing, giving, renting, lend-             by delaying delivery of distilled spirits,
ing, or selling any equipment, fixtures,              wine, or malt beverages beyond the
signs, supplies, money, services, or                  time that payment for the product is
other things of value to a retailer con-              received, or if a retailer is purchasing
stitutes a means to induce within the                 on credit, delaying final delivery of
meaning of the Act.                                   products beyond the close of the period
                                                      of time for which credit is lawfully ex-
[T.D. ATF–364, 60 FR 20421, Apr. 26, 1995]
                                                      tended, is the furnishing of a service or
§ 6.42 Indirect inducement            through         thing of value within the meaning of
     third party arrangements.                        the Act.
  (a) General. The furnishing, giving,                § 6.45 Assistance in acquiring license.
renting, lending, or selling of equip-
                                                         Any assistance (financial, legal, ad-
ment, fixtures, signs, supplies, money,
                                                      ministrative or influential) given the
services, or other thing of value by an
                                                      retailer by an industry member in the
industry member to a third party,
                                                      retailer’s acquisition of the retailer’s
where the benefits resulting from such                license is the furnishing of a service or
things of value flow to individual re-                thing of value within the meaning of
tailers, is the indirect furnishing of a              the Act.
thing of value within the meaning of
the Act. Indirect furnishing of a thing               § 6.46–6.47   [Reserved]
of value includes, but is not limited to,
making payments for advertising to a                   PAYING FOR ADVERTISING, DISPLAY OR
retailer association or a display com-                        DISTRIBUTION SERVICE
pany where the resulting benefits flow
to individual retailers.                              § 6.51 General.
  (b) Exceptions. An indirect induce-                    The act by an industry member of
ment will not arise where the thing of                paying or crediting a retailer for any
value was furnished to a retailer by the              advertising, display, or distribution

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                                                                                               HOME
§ 6.52                                                        27 CFR Ch. I (4–1–99 Edition)

service constitutes a means to induce                        GUARANTEEING LOANS
within the meaning of the Act, whether
or not the advertising, display, or dis-          § 6.61   Guaranteeing loans.
tribution service received by the indus-            The act by an industry member of
try member in these instances is com-             guaranteeing any loan or the repay-
mensurate with the amount paid there-             ment of any financial obligation of a
for. This includes payments or credits            retailer constitutes a means to induce
to retailers that are merely reimburse-           within the meaning of the Act.
ments, in full or in part, for such serv-         [T.D. ATF–364, 60 FR 20422, Apr. 26, 1995]
ices purchased by a retailer from a
third party.                                                 EXTENSION OF CREDIT
[T.D. ATF–364, 60 FR 20422, Apr. 26, 1995]        § 6.65   General.
§ 6.52 Cooperative advertising.                     Extension of credit by an industry
                                                  member to a retailer for a period of
  An arrangement in which an industry
                                                  time in excess of 30 days from the date
member participates with a retailer in            of delivery constitutes a means to in-
paying for an advertisement placed by             duce within the meaning of the Act.
the retailer constitutes paying the re-
tailer for advertising within the mean-           [T.D. ATF–364, 60 FR 20422, Apr. 26, 1995]
ing of the Act.
                                                  § 6.66   Calculation of period.
§ 6.53 Advertising in ballparks, race-              For the purpose of this part, the pe-
     tracks, and stadiums.                        riod of credit is calculated as the time
  The purchase, by an industry mem-               elapsing between the date of delivery
ber, of advertising on signs, score-              of the product and the date of full legal
boards, programs, scorecards, and the             discharge of the retailer, through the
                                                  payment of cash or its equivalent, from
like at ballparks, racetracks or sta-
                                                  all indebtedness arising from the trans-
diums, from the retail concessionaire
                                                  action.
constitutes paying the retailer for an
advertising service within the meaning            § 6.67 Sales to retailer whose account
of the Act.                                            is in arrears.

§ 6.54 Advertising in retailer publica-             An extension of credit (for product
     tions.                                       purchases) by an industry member to a
                                                  retailer whose account is in arrears
  The purchase, by an industry mem-               does not constitute a means to induce
ber, of advertising in a retailer publica-        within the meaning of the Act so long
tion for distribution to consumers or             as such retailer pays in advance or on
the general public constitutes paying             delivery an amount equal to or greater
the retailer for advertising within the           than the value of each order, regardless
meaning of the Act.                               of the manner in which the industry
                                                  member applies the payment in its
§ 6.55 Display service.                           records.
  Industry member reimbursements to               [T.D. ATF–364, 60 FR 20422, Apr. 26, 1995]
retailers for setting up product or
other displays constitutes paying the                            QUOTA SALES
retailer for rendering a display service
within the meaning of the Act.                    § 6.71   Quota sales.
                                                    The act by an industry member of re-
§ 6.56 Renting display space.                     quiring a retailer to take and dispose
  A promotion whereby an industry                 of any quota of distilled spirits, wine,
member rents display space at a retail            or malt beverages constitutes a means
establishment constitutes paying the              to induce within the meaning of the
retailer for rendering a display service          Act.
within the meaning of the Act.                    [T.D. ATF–364, 60 FR 20422, Apr. 26, 1995]



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Bureau of Alcohol, Tobacco and Firearms, Treasury                                          § 6.83

§ 6.72 ‘‘Tie-in’’ sales.                           may be used to satisfy this record-
                                                   keeping requirement if all required in-
   The act by an industry member of re-
                                                   formation is shown. These records shall
quiring that a retailer purchase one
                                                   show:
product (as defined in § 6.11) in order to
                                                     (i) The name and address of the re-
obtain another constitutes a means to
                                                   tailer receiving the item;
induce within the meaning of the Act.
                                                     (ii) The date furnished;
This includes the requirement to take                (iii) The item furnished;
a minimum quantity of a product in                   (iv) The industry member’s cost of
standard packaging in order to obtain              the item furnished (determined by the
the same product in some type of pre-              manufacturer’s invoice price); and
mium package, i.e., a distinctive de-                (v) Charges to the retailer for any
canter, or wooden or tin box. This also            item.
includes combination sales if one or                 (2) Although no separate record-
more products may be purchased only                keeping violation results, an industry
in combination with other products                 member who fails to keep such records
and not individually. However, an in-              is not eligible for the exception
dustry member is not precluded from                claimed.
selling two or more kinds or brands of
products to a retailer at a special com-           (Approved by the Office of Management and
                                                   Budget under control number 1512–0392)
bination price, provided the retailer
has the option of purchasing either                [T.D. ATF–364, 60 FR 20422, Apr. 26, 1995]
product at the usual price, and the re-
tailer is not required to purchase any             § 6.82   [Reserved]
product it does not want. See § 6.93 for           § 6.83 Product displays.
combination packaging of products
plus non-alcoholic items.                             (a) General. The act by an industry
                                                   member of giving or selling product
[T.D. ATF–364, 60 FR 20422, Apr. 26,
                                                   displays to a retailer does not con-
1995]
                                                   stitute a means to induce within the
                                                   meaning of section 105(b)(3) of the Act
       Subpart D—Exceptions                        provided that the conditions prescribed
                                                   in paragraph (c) of this section are
§ 6.81 General.                                    met.
   (a) Application. Section 105(b)(3) of              (b) Definition. ‘‘Product display’’
the Act enumerates means to induce                 means any wine racks, bins, barrels,
that may be unlawful under the sub-                casks, shelving, or similar items the
section, subject to such exceptions as             primary function of which is to hold
are prescribed in regulations, having              and display consumer products.
due regard for public health, the quan-               (c) Conditions and limitations. (1) The
tity and value of articles involved, es-           total value of all product displays
tablished trade customs not contrary               given or sold by an industry member
to the public interest, and the purposes           under paragraph (a) of this section may
of that section. This subpart imple-               not exceed $300 per brand at any one
ments section 105(b)(3) of the Act and             time in any one retail establishment.
identifies the practices that are excep-           Industry members may not pool or
tions to section 105(b)(3) of the Act. An          combine dollar limitations in order to
industry member may furnish a re-                  provide a retailer a product display
tailer equipment, inside signs, supplies,          valued in excess of $300 per brand. The
services, or other things of value,                value of a product display is the actual
under the conditions and within the                cost to the industry member who ini-
limitations prescribed in this subpart.            tially purchased it. Transportation and
   (b) Recordkeeping Requirements. (1) In-         installation costs are excluded.
dustry members shall keep and main-                   (2) All product displays must bear
tain records on the permit or brewery              conspicuous and substantial adver-
premises, for a three year period, of all          tising matter on the product or the in-
items furnished to retailers under                 dustry member which is permanently
§§ 6.83, 6.88, 6.91, 6.96(a), and 6.100 and        inscribed or securely affixed. The name
the commercial records required under              and address of the retailer may appear
§ 6.101. Commercial records or invoices            on the product displays.

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                                                                                            HOME
§ 6.84                                                         27 CFR Ch. I (4–1–99 Edition)

  (3) The giving or selling of such prod-          retailer for using or distributing these
uct displays may be conditioned upon               materials or for any expense incidental
the purchase of the distilled spirits,             to their use.
wine, or malt beverages advertised on
                                                   [T.D. ATF–364, 60 FR 20423, Apr. 26, 1995]
those displays in a quantity necessary
for the initial completion of such dis-            § 6.85   Temporary retailers.
play. No other condition can be im-
posed by the industry member on the                  (a) General. The furnishing of things
retailer in order for the retailer to re-          of value to a temporary retailer does
ceive or obtain the product display.               not constitute a means to induce with-
                                                   in the meaning of section 105(b)(3) of
[T.D. ATF–364, 60 FR 20422, Apr. 26, 1995]
                                                   the Act.
§ 6.84 Point of sale advertising mate-               (b) Definition. For purposes of admin-
     rials and consumer advertising spe-           istering this part, a temporary retailer
     cialties.                                     is a dealer who is not engaged in busi-
   (a) General. The act by an industry             ness as a retailer for more than four
member of giving or selling point of               consecutive days per event, and for not
sale advertising materials and con-                more than five events in a calendar
sumer advertising specialties to a re-             year.
tailer does not constitute a means to              [T.D. ATF–364, 60 FR 20423, Apr. 26, 1995]
induce within the meaning of section
105(b)(3) of the Act provided that the             §§ 6.86–6.87   [Reserved]
conditions prescribed in paragraph (c)
of this section are met.                           § 6.88   Equipment and supplies.
   (b) Definitions—(1) Point of sale adver-          (a) General. The act by an industry
tising materials are items designed to be          member of selling equipment or sup-
used within a retail establishment to              plies to a retailer does not constitute a
attract consumer attention to the                  means to induce within the meaning of
products of the industry member. Such              section 105(b)(3) of the Act if the equip-
materials include, but are not limited             ment or supplies are sold at a price not
to: posters, placards, designs, inside             less than the cost to the industry mem-
signs (electric, mechanical or other-              ber who initially purchased them, and
wise), window decorations, trays,                  if the price is collected within 30 days
coasters, mats, menu cards, meal                   of the date of the sale. The act by an
checks, paper napkins, foam scrapers,              industry member of installing dis-
back bar mats, thermometers, clocks,               pensing accessories at the retailer’s es-
calendars, and alcoholic beverage lists            tablishment does not constitute a
or menus.                                          means to induce within the meaning of
   (2) Consumer advertising specialties are        the Act as long as the retailer bears
items that are designed to be carried              the cost of initial installation. The act
away by the consumer, such as trading              by an industry member of furnishing,
stamps, nonalcoholic mixers, pouring               giving, or selling coil cleaning service
racks, ash trays, bottle or can openers,           to a retailer of distilled spirits, wine,
cork screws, shopping bags, matches,               or malt beverages does not constitute a
printed recipes, pamphlets, cards, leaf-           means to induce within the meaning of
lets, blotters, post cards, pencils,               section 105(b)(3) of the Act.
shirts, caps, and visors.
                                                     (b) Definition. ‘‘Equipment and sup-
   (c) Conditions and limitations. (1) All
                                                   plies’’ means glassware (or similar con-
point of sale advertising materials and
                                                   tainers made of other material), dis-
consumer advertising specialties must
                                                   pensing accessories, carbon dioxide
bear conspicuous and substantial ad-
                                                   (and other gasses used in dispensing
vertising matter about the product or
                                                   equipment) or ice. ‘‘Dispensing acces-
the industry member which is perma-
                                                   sories’’ include items such as stand-
nently inscribed or securely affixed.
                                                   ards, faucets, cold plates, rods, vents,
The name and address of the retailer
                                                   taps, tap standards, hoses, washers,
may appear on the point of sale adver-
                                                   couplings, gas gauges, vent tongues,
tising materials.
                                                   shanks, and check valves.
   (2) The industry member may not di-
rectly or indirectly pay or credit the             [T.D. ATF–364, 60 FR 20423, Apr. 26, 1995]

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                                                                                            HOME
Bureau of Alcohol, Tobacco and Firearms, Treasury                                       § 6.98

§§ 6.89–6.90 [Reserved]                           does not preclude providing nominal
                                                  hospitality during the event.
§ 6.91 Samples.
                                                  [T.D. ATF–74, 45 FR 63251, Sept. 23, 1980, as
  The act by an industry member of                amended by T.D. ATF–364, 60 FR 20423, Apr.
furnishing or giving a sample of dis-             26, 1995]
tilled spirits, wine, or malt beverages
to a retailer who has not purchased the           § 6.95 Consumer tasting or sampling at
                                                       retail establishments.
brand from that industry member
within the last 12 months does not con-             An industry member may conduct
stitute a means to induce within the              tasting or sampling activities at a re-
meaning of section 105(b)(3) of the Act.          tail establishment. The industry mem-
For each retail establishment the in-             ber may purchase the products to be
dustry member may give not more                   used from the retailer, but may not
than 3 gallons of any brand of malt               purchase them from the retailer for
beverage, not more than 3 liters of any           more than the ordinary retail price.
brand of wine, and not more than 3 li-
ters of distilled spirits. If a particular        § 6.96   Consumer promotions.
product is not available in a size within           (a) Coupons. The act by an industry
the quantity limitations of this sec-             member of furnishing to consumers
tion, an industry member may furnish              coupons which are redeemable at a re-
to a retailer the next larger size.               tail establishment does not constitute
                                                  a means to induce within the meaning
[T.D. ATF–364, 60 FR 20423, Apr. 26, 1995]
                                                  of section 105(b)(3) of the Act, provided
§ 6.92 Newspaper cuts.                            the following conditions are met:
                                                    (1) All retailers within the market
  Newspaper cuts, mats, or engraved               where the coupon offer is made may re-
blocks for use in retailers’ advertise-           deem such coupons; and
ments may be given or sold by an in-                (2) An industry member may not re-
dustry member to a retailer selling the           imburse a retailer for more than the
industry member’s products.                       face value of all coupons redeemed,
[T.D. ATF–364, 60 FR 20423, Apr. 26, 1995]        plus a usual and customary handling
                                                  fee for the redemption of coupons.
§ 6.93 Combination packaging.                       (b) Direct offerings. Contest prizes,
                                                  premium offers, refunds, and like items
  The act by an industry member of
                                                  may be offered by industry members
packaging and distributing distilled
                                                  directly to consumers. Officers, em-
spirits, wine, or malt beverages in com-
                                                  ployees and representatives of whole-
bination with other (non-alcoholic)
                                                  salers or retailers are excluded from
items for sale to consumers does not
                                                  particiption.
constitute a means to induce within
the meaning of section 105(b)(3) of the           [T.D. ATF–74, 45 FR 63251, Sept. 23, 1980, as
Act.                                              amended by T.D. ATF–364, 60 FR 20423, Apr.
                                                  26, 1995]
[T.D. ATF–364, 60 FR 20423, Apr. 26, 1995]
                                                  § 6.97   [Reserved]
§ 6.94 Educational seminars.
  An industry member may give or                  § 6.98   Advertising service.
sponsor educational seminars for em-                The listing of the names and address-
ployees of retailers either at the indus-         es of two or more unaffiliated retailers
try member’s premises or at the retail            selling the products of an industry
establishment. Examples would be                  member in an advertisement of that in-
seminars dealing with use of a retail-            dustry member does not constitute a
er’s equipment, training seminars for             means to induce within the meaning of
employees of retailers, or tours of in-           section 105(b)(3) of the Act, provided:
dustry member’s plant premises. This                (a) The advertisement does not also
section does not authorize an industry            contain the retail price of the product
member to pay a retailer’s expense in             (except where the exclusive retailer in
conjunction with an educational sem-              the jurisdiction is a State or a political
inar (such as travel and lodging). This           subdivision of a State), and

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§ 6.99                                                        27 CFR Ch. I (4–1–99 Edition)

  (b) The listing is the only reference           ments made by an industry member for
to the retailers in the advertisement             all such advertisements do not exceed
and is relatively inconspicuous in rela-          $300 per year for any retailer associa-
tion to the advertisement as a whole,             tion.
and                                               [T.D. ATF–364, 60 FR 20424, Apr. 26, 1995]
  (c) The advertisement does not refer
only to one retailer or only to retail es-        § 6.101 Merchandise.
tablishments controlled directly or in-
                                                     (a) General. The act by an industry
directly by the same retailer, except
                                                  member, who is also in business as a
where the retailer is an agency of a
                                                  bona fide producer or vendor of other
State or a political subdivision of a
                                                  merchandise (for example, groceries or
State.
                                                  pharmaceuticals), of selling that mer-
[T.D. ATF–364, 60 FR 20423, Apr. 26, 1995]        chandise to a retailer does not con-
                                                  stitute a means to induce within the
§ 6.99 Stocking, rotation, and pricing            meaning of section 105(b)(3) of the Act,
     service.                                     provided:
  (a) General. Industry members may,                 (1) The merchandise is sold at its fair
at a retail establishment, stock, rotate          market value;
and affix the price to distilled spirits,            (2) The merchandise is not sold in
wine, or malt beverages which they                combination with distilled spirits,
sell, provided products of other indus-           wines, or malt beverages (except as
try members are not altered or dis-               provided in § 6.93);
turbed. The rearranging or resetting of              (3) The industry member’s acquisi-
all or part of a store or liquor depart-          tion or production costs of the mer-
ment is not hereby authorized.                    chandise appears on the industry mem-
  (b) Shelf plan and shelf schematics. The        ber’s purchase invoices or other
act by an industry member of pro-                 records; and
viding a recommended shelf plan or                   (4) The individual selling prices of
shelf schematic for distilled spirits,            merchandise and distilled spirits,
wine, or malt beverages does not con-             wines, or malt beverages sold in a sin-
stitute a means to induce within the              gle transaction can be determined from
meaning of section 105(b)(3) of the Act.          commercial documents covering the
                                                  sales transaction.
[T.D. ATF–364, 60 FR 20424, Apr. 26, 1995]
                                                     (b) Things of value covered in other sec-
§ 6.100 Participation in retailer asso-           tions of this part. The act by an indus-
     ciation activities.                          try member of providing equipment,
                                                  fixtures, signs, glassware, supplies,
  The following acts by an industry
                                                  services, and advertising specialties to
member participating in retailer asso-
                                                  retailers does not constitute a means
ciation activities do not constitute a
                                                  to induce within the meaning of sec-
means to induce within the meaning of
                                                  tion 105(b)(3) of the Act only as pro-
section 105(b)(3) of the Act:
                                                  vided in other sections within this
  (a) Displaying its products at a con-
                                                  part.
vention or trade show;
  (b) Renting display booth space if the          [T.D. ATF–364, 60 FR 20424, Apr. 26, 1995]
rental fee is the same as paid by all ex-
hibitors at the event;                            § 6.102 Outside signs.
  (c) Providing its own hospitality                  The act by an industry member of
which is independent from association             giving or selling outside signs to a re-
sponsored activities;                             tailer does not constitute a means to
  (d) Purchasing tickets to functions             induce within the meaning of section
and paying registration fees if the pay-          105(b)(3) of the Act provided that:
ments or fees are the same as paid by                (a) The sign must bear conspicuous
all attendees, participants or exhibi-            and substantial advertising matter
tors at the event; and                            about the product or the industry
  (e) Making payments for advertise-              member which is permanently in-
ments in programs or brochures issued             scribed or securely affixed;
by retailer associations at a conven-                (b) The retailer is not compensated,
tion or trade show if the total pay-              directly or indirectly such as through a

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         Pt. 7

sign company, for displaying the signs;              allowed to purchase another alcoholic
and                                                  beverage product at the same time.
  (c) The cost of the signs may not ex-
ceed $400.                                           § 6.153 Criteria for determining       re-
                                                          tailer independence.
[T.D. ATF–364, 60 FR 20424, Apr. 26, 1995]
                                                       The criteria specified in this section
                                                     are indications that a particular prac-
         Subpart E—Exclusion                         tice, other than those in § 6.152, places
                                                     retailer independence at risk. A prac-
  SOURCE: T.D. ATF–364, 60 FR 20424, Apr. 26,        tice need not meet all of the criteria
1995, unless otherwise noted.
                                                     specified in this section in order to
§ 6.151 Exclusion, in general.                       place retailer independence at risk.
                                                       (a) The practice restricts or hampers
  (a) Exclusion, in whole or in part oc-             the free economic choice of a retailer
curs:                                                to decide which products to purchase
  (1) When a practice by an industry                 or the quantity in which to purchase
member, whether direct, indirect, or                 them for sale to consumers.
through an affiliate, places (or has the
                                                       (b) The industry member obligates
potential to place) retailer independ-
                                                     the retailer to participate in the pro-
ence at risk by means of a tie or link
                                                     motion to obtain the industry mem-
between the industry member and re-
tailer or by any other means of indus-               ber’s product.
try member control over the retailer;                  (c) The retailer has a continuing obli-
and                                                  gation to purchase or otherwise pro-
  (2) Such practice results in the re-               mote the industry member’s product.
tailer purchasing less than it would                   (d) The retailer has a commitment
have of a competitor’s product.                      not to terminate its relationship with
  (b) Section 6.152 lists practices that             the industry member with respect to
create a tie or link that places retailer            purchase of the industry member’s
independence at risk. Section 6.153 lists            products.
the criteria used for determining                      (e) The practice involves the industry
whether other practices can put re-                  member in the day-to-day operations of
tailer independence at risk.                         the retailer. For example, the industry
                                                     member controls the retailer’s deci-
§ 6.152 Practices which put retailer                 sions on which brand of products to
     independence at risk.
                                                     purchase, the pricing of products, or
  The practices specified in this sec-               the manner in which the products will
tion put retailer independence at risk.              be displayed on the retailer’s premises.
The practices specified here are exam-                 (f) The practice is discriminatory in
ples and do not constitute a complete                that it is not offered to all retailers in
list of those practices that put retailer            the local market on the same terms
independence at risk.                                without business reasons present to
  (a) The act by an industry member of               justify the difference in treatment.
resetting stock on a retailer’s premises
(other than stock offered for sale by
the industry member).                                    PART 7—LABELING AND
  (b) The act by an industry member of               ADVERTISING OF MALT BEVERAGES
purchasing or renting display, shelf,
storage or warehouse space (i.e. slot-                             Subpart A—Scope
ting allowance).
                                                     Sec.
  (c) Ownership by an industry member                7.1 General.
of less than a 100 percent interest in a             7.2 Territorial extent.
retailer, where such ownership is used               7.3 Forms prescribed.
to influence the purchases of the re-                7.4 Related regulations.
tailer.
  (d) The act by an industry member of                           Subpart B—Definitions
requiring a retailer to purchase one al-
coholic beverage product in order to be              7.10   Meaning of terms.


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§ 7.1                                                               27 CFR Ch. I (4–1–99 Edition)

Subpart C—Labeling Requirements for Malt                 § 7.2 Territorial extent.
             Beverages                                      This part applies to the several
7.20 General.                                            States of the United States, the Dis-
7.21 Misbranding.                                        trict of Columbia and the Common-
7.22 Mandatory label information.                        wealth of Puerto Rico.
7.23 Brand names.
7.24 Class and type.                                     § 7.3 Forms prescribed.
7.25 Name and address.                                      (a) The Director is authorized to pre-
7.26 Alcoholic content [suspended       as     of        scribe all forms required by this part.
    April 19, 1993; see § 7.71].                         All of the information called for in
7.27 Net contents.                                       each form shall be furnished as indi-
7.28 General requirements.                               cated by the headings on the form and
7.29 Prohibited practices.                               the instructions on or pertaining to the
                                                         form. In addition, information called
Subpart D—Requirements for Withdrawal of                 for in each form shall be furnished as
   Imported Malt Beverages From Cus-                     required by this part.
   toms Custody                                             (b) Requests for forms should be
7.30    Application.                                     mailed to the ATF Distribution Center,
7.31    Label approval and release.                      7943 Angus Court, Springfield, Virginia
                                                         22153.
Subpart E—Requirements for Approval of                   [T.D. ATF–92, 46 FR 46912, Sept. 23, 1981, as
   Labels of Malt Beverages Domestically                 amended by T.D. ATF–249, 52 FR 5956, Feb.
   Bottled or Packed                                     27, 1987; T.D. 372, 61 FR 20723, May 8, 1996]
7.40     Application.                                    § 7.4 Related regulations.
7.41     Certificates of label approval.
7.42     Exhibiting certificates to Government
                                                            Regulations relating to this part are
       officials.                                        listed below:
                                                          27 CFR Part 1—Basic Permit Requirements
 Subpart F—Advertising of Malt Beverages                 Under the Federal Alcohol Administration
                                                         Act.
7.50    Application.                                      27 CFR Part 4—Labeling and Advertising of
7.51    Definitions.                                     Wine.
7.52    Mandatory statements.                             27 CFR Part 5—Labeling and Advertising of
7.53    Legibility of mandatory information.             Distilled Spirits.
7.54    Prohibited practices.                             27 CFR Part 16—Alcoholic Beverage Health
7.55    Comparative advertising.                         Warning Statement.
                                                          27 CFR Part 25—Beer.
         Subpart G—General Provisions                     27 CFR Part 200—Rules of Practice in Per-
                                                         mit Proceedings.
7.60    Exports.                                          27 CFR Part 250—Liquors and Articles from
                                                         Puerto Rico and the Virgin Islands.
        Subpart H—Interim Regulations for                 27 CFR Part 251—Importation of Distilled
          Alcoholic Content Statements                   Spirits, Wines and Beer.

7.71    Alcoholic content.                               [T.D. ATF–224, 51 FR 7673, Mar. 5, 1986, as
                                                         amended by T.D. ATF–294, 55 FR 5421, Feb.
  AUTHORITY: 27 U.S.C. 205.                              14, 1990]
 SOURCE: T.D. 6521, 25 FR 13859, Dec. 29, 1960,
unless otherwise noted.                                          Subpart B—Definitions
  EDITORIAL NOTE: For a document affecting               § 7.10 Meaning of terms.
part 7, see the editorial note appearing at
the beginning of this chapter.
                                                            As used in this part, unless the con-
                                                         text otherwise requires, terms shall
                                                         have the meaning ascribed in this sub-
             Subpart A—Scope                             part.
                                                            Act. The Federal Alcohol Administra-
§ 7.1    General.                                        tion Act.
  The regulations in this part relate to                    Advertisement. See § 7.51 for meaning
the labeling and advertising of malt                     of term as used in subpart F of this
beverages.                                               part.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                       § 7.20

  Brand label. The label carrying, in           sible for administering regulations in
the usual distinctive design, the brand         this part.
name of the malt beverage.                        United States. The several States, the
  Bottler. Any person who places malt           District of Columbia, and Puerto Rico;
beverages in containers of a capacity of        the term ‘‘State’’ includes the District
one gallon or less.                             of Columbia and Puerto Rico.
  Container. Any can, bottle, barrel,           [T.D. ATF–48, 43 FR 13534, Mar. 31, 1978; 44
keg, or other closed receptacle, irre-          FR 55839, Sept. 28, 1979, as amended by T.D.
spective of size or of the material from        ATF–66, 45 FR 40550, June 13, 1980; T.D. ATF–
which made, for use for the sale of malt        94, 46 FR 55097, Nov. 6, 1981; T.D. ATF–344, 58
                                                FR 40354, July 28, 1993]
beverages at retail.
  Director. The Director, Bureau of Al-
cohol, Tobacco and Firearms, the De-                   Subpart C—Labeling
partment of the Treasury, Washington,            Requirements for Malt Beverages
DC.
                                                § 7.20 General.
  Gallon. A U.S. gallon of 231 cubic
inches of malt beverages at 39.1 °F (4             (a) Application. This subpart shall
°C). All other liquid measures used are         apply to malt beverages sold or shipped
subdivisions of the gallon as defined.          or delivered for shipment, or otherwise
  Interstate or foreign commerce. Com-          introduced into or received in any
merce between any State and any place           State from any place outside thereof,
outside thereof, or commerce within             only to the extent that the law of such
any Territory or the District of Colum-         State imposes similar requirements
bia, or between points within the same          with respect to the labeling of malt
State but through any place outside             beverages not sold or shipped or deliv-
thereof.                                        ered for shipment or otherwise intro-
                                                duced into or received in such State
  Malt beverage. A beverage made by
                                                from any place outside thereof.
the alcoholic fermentation of an infu-             (b) Marking, branding, and labeling.
sion or decoction, or combination of            No person engaged in business as a
both, in potable brewing water, of              brewer, wholesaler, or importer of malt
malted barley with hops, or their parts,        beverages, directly or indirectly, or
or their products, and with or without          through an affiliate, shall sell or ship,
other malted cereals, and with or with-         or deliver for sale or shipment, or oth-
out the addition of unmalted or pre-            erwise introduce in interstate or for-
pared cereals, other carbohydrates or           eign commerce, or receive therein, or
products prepared therefrom, and with           remove from Customs custody any
or without the addition of carbon diox-         malt beverages in containers unless the
ide, and with or without other whole-           malt beverages are packaged, and the
some products suitable for human food           packages are marked, branded, and la-
consumption.                                    beled in conformity with this subpart.
  Other terms. Any other term defined              (c) Alteration of labels. (1) It shall be
in the Federal Alcohol Administration           unlawful for any person to alter, muti-
Act and used in this part shall have the        late, destroy, obliterate, or remove any
same meaning assigned to it by the              mark, brand, or label upon malt bev-
Act.                                            erages held for sale in interstate or for-
  Packer. Any person who places malt            eign commerce or after shipment
beverages in containers of a capacity in        therein, except as authorized by Fed-
excess of one gallon.                           eral law. The regional director (compli-
  Person. Any individual, partnership,          ance) may, upon written application,
joint-stock company, business trust,            permit additional labeling or re-
association, corporation, or other form         labeling of malt beverages in con-
of business enterprise, including a re-         tainers if, in his judgment, the facts
ceiver trustee, or liquidating agent,           show that the additional labeling or re-
and including an officer or employee of         labeling is for the purpose of compli-
any agency of a State or political sub-         ance with the requirements of this sub-
division thereof.                               part or of State law.
  Regional director (compliance). The              (2) Application for permission to
principal ATF regional official respon-         relabel shall be accompanied by two

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                                                                                        HOME
§ 7.21                                                        27 CFR Ch. I (4–1–99 Edition)

complete sets of the old labels and two             (2) In the case of malt beverages bot-
complete sets of any proposed labels,             tled or packed for the holder of a per-
together with a statement of the rea-             mit or a retailer, the name and address
sons for relabeling, the quantity and             of the bottler or packer, in accordance
the location of the malt beverages, and           with § 7.25.
the name and address of the person by               (3) Alcoholic content, when required
whom they will be relabeled.                      by State law, in accordance with § 7.71.
                                                    (4) A statement that the product con-
[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as
amended by T.D. ATF–66, 45 FR 40551, June         tains FD&C Yellow No. 5, where that
13, 1980]                                         coloring material is used in a product
                                                  bottled on or after October 6, 1984.
§ 7.21 Misbranding.                                 (5) The following statement, separate
  Malt beverages in containers shall be           and apart from all other information,
deemed to be misbranded:                          when saccharin is present in the fin-
                                                  ished product: Use of this product may
  (a) If the container fails to bear on it
                                                  be hazardous to your health. This prod-
a brand label (or a brand label and
                                                  uct contains saccharin which has been
other permitted labels) containing the
                                                  determined to cause cancer in labora-
mandatory label information as re-
                                                  tory animals.
quired by §§ 7.20 through 7.29 and con-
                                                    (6) Declaration of sulfites. The state-
forming to the general requirements
                                                  ment ‘‘Contains sulfites’’ or ‘‘Contains
specified in this part.
                                                  (a) sulfiting agent(s)’’ or a statement
  (b) If the container, cap, or any label
                                                  identifying the specific sulfiting agent
on the container, or any carton, case,
                                                  where sulfur dioxide or a sulfiting
or other covering of the container used
                                                  agent is detected at a level of 10 or
for sale at retail, or any written, print-
                                                  more parts per million, measured as
ed, graphic, or other matter accom-
                                                  total sulfur dioxide. The sulfite dec-
panying the container to the consumer
                                                  laration may appear on a strip label or
buyer contains any statement, design,
                                                  neck label in lieu of appearing on the
device, or graphic, pictorial, or em-
                                                  front or back label. The provisions of
blematic representation that is prohib-
                                                  this paragraph shall apply to:
ited by §§ 7.20 through 7.29.
                                                    (i) Any certificate of label approval
  (c) If the container has blown, brand-
                                                  issued on or after January 9, 1987;
ed, or burned therein the name or other
                                                    (ii) Any malt beverage bottled on or
distinguishing mark of any person en-
                                                  after July 9, 1987, regardless of the date
gaged in business as a brewer, whole-
                                                  of issuance of the certificate of label
saler, bottler, or importer, of malt bev-
                                                  approval; and,
erages, or of any other person, except
                                                    (iii) Any malt beverage removed on
the person whose name is required to
                                                  or after January 9, 1988.
appear on the brand label.
                                                    (7) Declaration of aspartame. The fol-
§ 7.22 Mandatory label information.               lowing statement, in capital letters,
                                                  separate and apart from all other infor-
   There shall be stated:                         mation, when the product contains as-
   (a) On the brand label:                        partame in accordance with Food and
   (1) Brand name, in accordance with             Drug Administration (FDA) regula-
§ 7.23.                                           tions: ‘‘PHENYLKETONURICS: CON-
   (2) Class, in accordance with § 7.24.          TAINS PHENYLALANINE.’’
   (3) Name and address (except when
branded or burned in the container) in            (Paragraph (b)(6) approved by the Office of
                                                  Management and Budget under Control No.
accordance with § 7.25, except as pro-            1512–0469)
vided in paragraph (b) of this section.
   (4) Net contents (except when blown,           [T.D. 6521, 25 FR 13859, Dec. 29, 1960, as
branded, or burned, in the container) in          amended by T.D. ATF–94, 46 FR 55097, Nov. 6,
accordance with § 7.27.                           1981; T.D. ATF–150, 48 FR 45557, Oct. 6, 1983;
                                                  T.D. ATF–220, 50 FR 51852, Dec. 20, 1985; T.D.
   (b) On the brand label or on a sepa-
                                                  ATF–236, 51 FR 34710, Sept. 30, 1986; T.D.
rate label (back or front):                       ATF–282, 54 FR 7162, Feb. 16, 1989; T.D. ATF–
   (1) In the case of imported malt bev-          312, 56 FR 31077, July 9, 1991; T.D. ATF–339, 58
erages, name and address of importer              FR 21231, Apr. 19, 1993; T.D. ATF–347, 58 FR
in accordance with § 7.25.                        44132, Aug. 19, 1993]

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                     § 7.24

§ 7.23 Brand names.                              erages which have not been con-
   (a) General. The product shall bear a         centrated and reconstituted, except
brand name, except that if not sold              that there shall appear in direct con-
under a brand name, then the name of             junction with, and as a part of, the
the person required to appear on the             class designation the statement ‘‘PRO-
brand label shall be deemed a brand              DUCED         FROM——CONCENTRATE’’
name for the purpose of this part.               (the blank to be filled in with the ap-
   (b) Misleading brand names. No label          propriate class designation). All parts
shall contain any brand name, which,             of the class designation shall appear in
standing alone, or in association with           lettering of substantially the same size
other printed or graphic matter, cre-            and kind.
ates any impression or inference as to              (c) No product shall be designated as
the age, origin, identity, or other char-        ‘‘half and half’’ unless it is in fact com-
acteristics of the product unless the            posed of equal parts of two classes of
Director finds that such brand name,             malt beverages the names of which are
either when qualified by the word                conspicuously stated in conjunction
‘‘brand’’ or when not so qualified, con-         with the designation ‘‘half and half’’.
veys no erroneous impressions as to                 (d) Products containing less than
the age, origin, identity, or other char-        one-half of 1 percent (.5%) of alcohol by
acteristics of the product.                      volume shall bear the class designation
   (c) Trade name of foreign origin. This        ‘‘malt beverage,’’ or ‘‘cereal beverage,’’
section shall not operate to prohibit            or ‘‘near beer.’’ If the designation
the use by any person of any trade               ‘‘near beer’’ is used, both words must
name or brand of foreign origin not ef-          appear in the same size and style of
fectively registered in the United               type, in the same color of ink, and on
States Patent Office on August 29, 1935,         the same background. No product con-
which has been used by such person or            taining less than one-half of 1 percent
his predecessors in the United States            of alcohol by volume shall bear the
for a period of at least 5 years imme-           class    designations    ‘‘beer’’,   ‘‘lager
diately preceding August 29, 1935: Pro-
                                                 beer’’, ‘‘lager’’, ‘‘ale’’, ‘‘porter’’, or
vided, That if such trade name or brand
                                                 ‘‘stout’’, or any other class or type des-
is used, the designation of the product
                                                 ignation commonly applied to malt
shall be qualified by the name of the
                                                 beverages containing one-half of 1 per-
locality in the United States in which
                                                 cent or more of alcohol by volume.
produced, and such qualification shall
be in script, type, or printing as con-             (e) No product other than a malt bev-
spicuous as the trade name or brand.             erage fermented at comparatively high
                                                 temperature, possessing the character-
§ 7.24 Class and type.                           istics generally attributed to ‘‘ale,’’
   (a) The class of the malt beverage            ‘‘porter,’’ or ‘‘stout’’ and produced
shall be stated and, if desired, the type        without the use of coloring or flavoring
thereof may be stated. Statements of             materials (other than those recognized
class and type shall conform to the des-         in standard brewing practices) shall
ignation of the product as known to              bear any of these class designations.
the trade. If the product is not known              (f) Geographical names for distinc-
to the trade under a particular designa-         tive types of malt beverages (other
tion, a distinctive or fanciful name, to-        than names found by the Director
gether with an adequate and truthful             under paragraph (g) of this section to
statement of the composition of the              have become generic) shall not be ap-
product, shall be stated, and such               plied to malt beverages produced in
statement shall be deemed to be a                any place other than the particular re-
statement of class and type for the pur-         gion indicated by the name unless (1)
poses of this part.                              in direct conjunction with the name
   (b) Malt beverages which have been            there appears the word ‘‘type’’ or the
concentrated by the removal of water             word ‘‘American’’, or some other state-
therefrom and reconstituted by the ad-           ment indicating the true place of pro-
dition of water and carbon dioxide               duction in lettering substantially as
shall for the purpose of this part be la-        conspicuous as such name, and (2) the
beled in the same manner as malt bev-            malt beverages to which the name is

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§ 7.25                                                             27 CFR Ch. I (4–1–99 Edition)

applied conform to the type so des-                     tributed by,’’ or other similar appro-
ignated. The following are examples of                  priate phrase.
distinctive types of beer with geo-                        (b) Imported malt beverages. On labels
graphical names that have not become                    of containers of imported malt bev-
generic; Dortmund, Dortmunder, Vi-                      erages, there shall be stated the words
enna, Wein, Weiner, Bavarian, Munich,                   ‘‘imported by,’’ or a singular appro-
Munchner,       Salvator,    Kulmbacher,                priate phrase, and immediately there-
Wurtzburger, Pilsen (Pilsener and Pil-                  after the name of the permittee who is
sner): Provided, That notwithstanding                   the importer, or exclusive agent, or
the foregoing provisions of this section,               sole distributor, or other person re-
beer which is produced in the United                    sponsible for the importation, together
States may be designated as ‘‘Pilsen,’’                 with the principal place of business in
‘‘Pilsener,’’ or ‘‘Pilsner’’ without fur-               the United States of such person. In ad-
ther modification, if it conforms to                    dition there may, but need not, be stat-
such type.                                              ed unless required by State or foreign
  (g) Only such geographical names for                  law or regulation the name and prin-
distinctive types of malt beverages as                  cipal place of business of the foreign
the Director finds have by usage and                    manufacturer, bottler, packer, or ship-
common knowledge lost their geo-                        per.
graphical significance to such an ex-                      (c) Post-office address. The ‘‘place’’
tent that they have become generic                      stated shall be the post-office address,
shall be deemed to have become ge-                      except that the street address may be
neric, e.g., India Pale Ale.                            omitted. No additional places or ad-
  (h) Except as provided in § 7.23(b),                  dresses shall be stated for the same
geographical names that are not names                   person, unless (1) such person is ac-
for distinctive types of malt beverages                 tively engaged in the conduct of an ad-
shall not be applied to malt beverages                  ditional bona fide and actual malt bev-
produced in any place other than the                    erage business at such additional place
particular place or region indicated in                 or address, and (2) the label also con-
the name.                                               tains, in direct conjunction therewith,
[T.D. 6672, 28 FR 9637, Aug. 31, 1963, as amend-        appropriate descriptive material indi-
ed at 29 FR 3572, Mar. 20, 1964; T.D. ATF–249,          cating the function occurring at such
52 FR 5956, Feb. 27, 1987; T.D. ATF 280, 54 FR          additional place or address in connec-
3594, Jan. 25, 1989]                                    tion with the particular malt beverage.
§ 7.25 Name and address.                                (Approved by the Office of Management and
                                                        Budget under control number 1512–0474)
   (a) Domestic malt beverages. (1) On la-
bels of containers of domestic malt                     [T.D. 6551, 25 FR 13859, Dec. 29, 1960, as
beverages there shall be stated the                     amended by T.D. ATF–225, 51 FR 8492, Mar.
name of the bottler or packer and the                   12, 1986]
place where bottled or packed. The
bottler’s or packer’s principal place of                § 7.26 Alcoholic content [suspended as
                                                             of April 19, 1993; see § 7.71].
business may be shown in lieu of the
actual place where bottled or packed if                   (a) The alcoholic content and the per-
the address shown is a location where                   centage and quantity of the original
bottling or packing operation takes                     extract shall not be stated unless re-
place. The Director may disapprove the                  quired by State law. When alcoholic
listing of a principal place of business                content is required to be stated, but
if its use would create a false or mis-                 the manner of statement is not speci-
leading impression as to the geographic                 fied in the State law, it shall be stated
origin of the beer.                                     in percentage of alcohol by weight or
   (2) If malt beverages are bottled or                 by volume, and not by proof or by
packed for a person other than the ac-                  maximums or minimums. Otherwise
tual bottler or packer there may be                     the manner of statement shall be as
stated in addition to the name and ad-                  specified in the State law.
dress of the bottler or packer (but not                   (b) The terms ‘‘low alcohol’’ or ‘‘re-
in lieu of), the name and address of                    duced alcohol’’ may be used only on
such other person immediately pre-                      malt beverage products containing less
ceded by the words ‘‘bottled for,’’ ‘‘dis-              than 2.5 percent alcohol by volume.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                          § 7.28

  (c) The term ‘‘non-alcoholic’’ may be                printing not smaller than 2 millime-
used on malt beverage products, pro-                   ters. If contained among other descrip-
vided the statement ‘‘contains less                    tive or explanatory information, the
than 0.5 percent (or .5%) alcohol by vol-              script, type, or printing of all manda-
ume’’ appears in direct conjunction                    tory information shall be of a size sub-
with it, in readily legible printing and               stantially more conspicuous than that
on a completely contrasting back-                      of the descriptive or explanatory infor-
ground.                                                mation.
  (d) The term ‘‘alcohol-free’’ may be                    (2) Containers of one-half pint or less.
used only on malt beverage products                    Except for statements of alcoholic con-
containing no alcohol.                                 tent, all mandatory information re-
[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as             quired on labels by this part shall be in
amended by T.D. ATF 280, 54 FR 3594, Jan. 25,          script, type, or printing not smaller
1989; T.D. ATF–339, 58 FR 21231, Apr. 19, 1993]        than 1 millimeter. If contained among
  EFFECTIVE DATE NOTE: At 58 FR 21231, Apr.            other descriptive or explanatory infor-
19, 1993, § 7.26 was suspended indefinitely.           mation, the script, type, or printing of
                                                       all mandatory information shall be of a
§ 7.27 Net contents.                                   size substantially more conspicuous
   (a) Net contents shall be stated as                 than that of the descriptive or explana-
follows:                                               tory information.
   (1) If less than 1 pint, in fluid ounces,              (3) Alcoholic content statement. All
or fractions of a pint.                                portions of the alcoholic content state-
   (2) If 1 pint, 1 quart, or 1 gallon, the            ment shall be of the same size and kind
net contents shall be so stated.                       of lettering and of equally conspicuous
   (3) If more than 1 pint, but less than              color. Unless otherwise required by
1 quart, the net contents shall be stat-               State law, the statement of alcoholic
ed in fractions of a quart, or in pints                content shall be in script, type, or
and fluid ounces.                                      printing:
   (4) If more than 1 quart, but less than                (i) Not smaller than 1 millimeter for
1 gallon, the net contents shall be stat-              containers of one-half pint or less, or
ed in fractions of a gallon, or in quarts,             smaller than 2 millimeters for con-
pints, and fluid ounces.                               tainers larger than one-half pint; or
   (5) If more than 1 gallon, the net con-                (ii) Not larger than 3 millimeters for
tents shall be stated in gallons and                   containers of 40 fl. oz. or less, or larger
fractions thereof.                                     than 4 millimeters for containers larg-
   (b) All fractions shall be expressed in             er than 40 fl. oz.
their lowest denominations.                               (c) English language. All information,
   (c) The net contents need not be stat-              other than the brand name, required by
ed on any label if the net contents are                this subpart to be stated on labels shall
displayed by having the same blown,                    be in the English language. Additional
branded, or burned in the container in                 statements in foreign languages may
letters or figures in such manner as to                be made, if the statements do not con-
be plainly legible under ordinary cir-                 flict with, or are contradictory to, the
cumstances and such statement is not                   requirements of this subpart. Labels on
obscured in any manner in whole or in                  containers of malt beverages bottled or
part.                                                  packed for consumption within Puerto
                                                       Rico may, if desired, state the informa-
§ 7.28 General requirements.                           tion required by this subpart solely in
   (a) Contrasting background. All labels              the Spanish language, in lieu of the
shall be so designed that all statements               English language, except that the net
required by this subpart are readily                   contents shall also be stated in the
legible under ordinary conditions, and                 English language.
all the statements are on a contrasting                   (d) Labels firmly affixed. All labels
background.                                            shall be affixed to containers of malt
   (b) Size of type— (1) Containers of more            beverages in such manner that they
than one-half pint. Except for state-                  cannot be removed without thorough
ments of alcoholic content, all manda-                 application of water or other solvents.
tory information required on labels by                    (e) Additional information. Labels may
this part shall be in script, type, or                 contain information other than the

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§ 7.29                                                            27 CFR Ch. I (4–1–99 Edition)

mandatory label information required                   gaged in business as a producer, im-
by this subpart if the information com-                porter, bottler, packer, wholesaler, re-
plies with the requirements of this sub-               tailer, or warehouseman, of malt bev-
part and does not conflict with, or in                 erages, nor to the use by any person of
any manner qualify, statements re-                     a trade or brand name that is the name
quired by this part.                                   of any living individual of public prom-
[T.D. ATF–66, 45 FR 40552, June 13, 1980, as           inence, or existing private or public or-
amended by T.D. ATF–94, 46 FR 55097, Nov. 6,           ganization, provided such trade or
1981; T.D. ATF–339, 58 FR 21231, Apr. 19, 1993]        brand name was used by him or his
                                                       predecessors in interest prior to Au-
§ 7.29 Prohibited practices.                           gust 29, 1935.
   (a) Statements on labels. Containers of                (b) Simulation of Government stamps.
malt beverages, or any labels on such                  No label shall be of such design as to
containers, or any carton, case, or indi-              resemble or simulate a stamp of the
vidual covering of such containers,                    United States Government or of any
used for sale at retail or any written,                State or foreign government. No label,
printed, graphic, or other matter ac-                  other than stamps authorized or re-
companying such containers to the                      quired by the United States Govern-
consumer shall not contain:                            ment or any State or foreign govern-
   (1) Any statement that is false or un-              ment, shall state or indicate that the
true in any particular, or that, irre-                 malt beverage contained in the labeled
spective of falsity, directly, or by am-               container is brewed, made, bottled,
biguity, omission, or inference, or by                 packed, labeled, or sold under, or in ac-
the addition of irrelevant, scientific or              cordance with, any municipal, State,
technical matter, tends to create a                    Federal, or foreign government author-
misleading impression.                                 ization, law, or regulation, unless such
   (2) Any statement that is disparaging               statement is required or specifically
of a competitor’s products.                            authorized by Federal, State, or munic-
   (3) Any statement, design, device, or
                                                       ipal, law or regulation, or is required
representation which is obscene or in-
                                                       or specifically authorized by the laws
decent.
                                                       or regulations of the foreign country in
   (4) Any statement, design, device, or
                                                       which such malt beverages were pro-
representation of or relating to anal-
                                                       duced. If the municipal or State gov-
yses, standards, or tests, irrespective of
                                                       ernment permit number is stated upon
falsity, which the Director finds to be
                                                       a label, it shall not be accompanied by
likely to mislead the consumer.
   (5) Any statement, design, device, or               an additional statement relating there-
representation of or relating to any                   to, unless required by State law.
guarantee, irrespective of falsity,                       (c) Use of word ‘‘bonded’’, etc. The
which the Director finds to be likely to               words ‘‘bonded’’, ‘‘bottled in bond’’,
mislead the consumer. Money-back                       ‘‘aged in bond’’, ‘‘bonded age’’, ‘‘bottled
guarantees are not prohibited.                         under customs supervision’’, or phrases
   (6) A trade or brand name that is the               containing these or synonymous terms
name of any living individual of public                which imply governmental supervision
prominence, or existing private or pub-                over production, bottling, or packing,
lic organization, or is a name that is in              shall not be used on any label for malt
simulation or is an abbreviation there-                beverages.
of, or any graphic, pictorial, or em-                     (d) Flags, seals, coats of arms, crests,
blematic representation of any such in-                and other insignia. Labels shall not con-
dividual or organization, if the use of                tain, in the brand name or otherwise,
such name or representation is likely                  any statement, design, device, or pic-
falsely to lead the consumer to believe                torial representation which the Direc-
that the product has been endorsed,                    tor finds relates to, or is capable of
made, or used by, or produced for, or                  being construed as relating to, the
under the supervision of, or in accord-                armed forces of the United States, or
ance with the specifications of, such in-              the American flag, or any emblem,
dividual or organization: Provided,                    seal, insignia, or decoration associated
That this paragraph shall not apply to                 with such flag or armed forces; nor
the use of the name of any person en-                  shall any label contain any statement,

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         § 7.31

design, device, or pictorial representa-           prohibited from appearing on any label
tion of or concerning any flag, seal,              or container of malt beverages.
coat of arms, crest or other insignia,
                                                   [T.D. 6521, 25 FR 13859, Dec. 29, 1960, as
likely to mislead the consumer to be-
                                                   amended by T.D. ATF–66, 45 FR 40552, June
lieve that the product has been en-                13, 1980; T.D. ATF–180, 49 FR 31674, Aug. 8,
dorsed, made, or used by, or produced              1984; T.D. ATF 280, 54 FR 3594, Jan. 25, 1989;
for, or under the supervision of, or in            T.D. ATF–339, 58 FR 21232, Apr. 19, 1993]
accordance with the specifications of
the government, organization, family,
or individual with whom such flag,
                                                   Subpart D—Requirements for With-
seal, coat of arms, crest, or insignia is             drawal of Imported Malt Bev-
associated.                                           erages From Customs Cus-
   (e) Curative and therapeutic claims. La-           tody
bels shall not contain any statement,
design, representation, pictorial rep-             § 7.30   Application.
resentation, or device representing                   Sections 7.30 and 7.31 shall apply to
that the use of malt beverage has cura-            withdrawals of malt beverages from
tive or therapeutic effects if such                customs custody only in the event that
statement is untrue in any particular              the laws or regulations of the State in
or tends to create a misleading impres-            which such malt beverages are with-
sion.                                              drawn for consumption require that all
   (f) Use of words ‘‘strong,’’ ‘‘full             malt beverages sold or otherwise dis-
strength,’’ and similar words. Labels              posed of in such State be labeled in
shall not contain the words ‘‘strong,’’            conformity with the requirements of
‘‘full strength,’’ ‘‘extra strength,’’             §§ 7.20 through 7.29.
‘‘high test,’’ ‘‘high proof,’’ ‘‘pre-war
strength,’’ ‘‘full oldtime alcoholic               § 7.31   Label approval and release.
strength,’’ or similar words or state-
ments, likely to be considered as state-             (a) Certificate of label approval. No im-
ments of alcoholic content, unless re-             ported malt beverages in containers
quired by State law. This does not pre-            shall be released from Customs custody
clude use of the terms ‘‘low alcohol,’’            for consumption unless there is depos-
‘‘reduced alcohol,’’ ‘‘non-alcoholic,’’            ited with the appropriate Customs offi-
and ‘‘alcohol-free,’’ in accordance with           cer at the port of entry the original or
§ 7.71 (d), (e), and (f), nor does it pre-         a photostatic copy of an approved cer-
clude labeling with the alcohol content            tificate of label approval, ATF Form
in accordance with § 7.71.                         5100.31.
   (g) Use of numerals. Labels shall not             (b) Release. If the original or photo-
contain any statements, designs, or de-            static copy of ATF Form 5100.31 has
vices, whether in the form of numerals,            been approved, the brand or lot of im-
letters, characters, figures, or other-            ported malt beverages bearing labels
wise, which are likely to be considered            identical with those shown thereon
as statements of alcoholic content, un-            may be released from U.S. Customs
less required by State law, or as per-             custody.
mitted by § 7.71.                                    (c) Relabeling. Imported malt bev-
   (h) Coverings, cartons, or cases. Indi-         erages in U.S. Customs custody which
vidual coverings, cartons, cases, or               are not labeled in conformity with cer-
other wrappers of containers of malt               tificates of label approval issued by the
beverages, used for sale at retail, or             Director must be relabeled, prior to re-
any written, printed, graphic, or other            lease, under the supervision and direc-
matter accompanying the container                  tion of the U.S. Customs officers of the
shall not contain any statement or any             port at which the malt beverages are
graphic pictorial, or emblematic rep-              located.
resentation, or other matter, which is




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§ 7.40                                                             27 CFR Ch. I (4–1–99 Edition)

  (d) Cross reference. For procedures re-                 Subpart F—Advertising of Malt
garding the issuance, denial, and rev-                             Beverages
ocation of certificates of label ap-
proval, as well as appeal procedures,                  § 7.50 Application.
see part 13 of this chapter.                              No person engaged in business as a
[T.D. ATF–66, 45 FR 40552, June 13, 1980, as           brewer, wholesaler, or importer, of
amended by T.D. ATF–94, 46 FR 55097, Nov. 6,           malt beverages directly or indirectly
1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986;        or through an affiliate, shall publish or
T.D. ATF–359, 59 FR 42160, Aug. 17, 1994; T.D.         disseminate or cause to be published or
ATF–406, 64 FR 2129, Jan. 13, 1999]                    disseminated by radio or television
                                                       broadcast, or in any newspaper, peri-
Subpart E—Requirements for Ap-                         odical, or any publication, by any sign
                                                       or outdoor advertisement, or in any
   proval of Labels of Malt Bev-                       other printed or graphic matter, any
   erages Domestically Bottled                         advertisement of malt beverages, if
   or Packed                                           such advertising is in, or is calculated
                                                       to induce sales in, interstate or foreign
§ 7.40 Application.                                    commerce, or is disseminated by mail,
  Sections 7.40 through 7.42 shall apply               unless such advertisement is in con-
only to persons bottling or packing                    formity with §§ 7.50–7.55 of this part.
malt beverages (other than malt bev-                   Provided, that such sections shall not
erages in customs custody) for ship-                   apply to outdoor advertising in place
ment, or delivery for sale or shipment,                on (effective date of this Treasury deci-
into a State, the laws or regulations of               sion), but shall apply upon replace-
                                                       ment, restoration, or renovation of any
which require that all malt beverages
                                                       such advertising; and provided further,
sold or otherwise disposed of in such
                                                       that §§ 7.50–7.55 of this part shall apply
State be labeled in conformity with the
                                                       to advertisements of malt beverages
requirements of §§ 7.20 through 7.29.                  intended to be sold or shipped or deliv-
                                                       ered for shipment, or otherwise intro-
§ 7.41 Certificates of label approval.
                                                       duced into or received in any State
  (a) Requirement. No person shall bot-                from any place outside thereof, only to
tle or pack malt beverages, or remove                  the extent that the laws of such State
malt beverages from the plant where                    impose similar requirements with re-
bottled or packed unless application is                spect to advertisements of malt bev-
made to the Director, and an approved                  erages manufactured and sold or other-
certificate of label approval, ATF                     wise disposed of in such State. And pro-
Form 5100.31, is issued by the Director.               vided further that such sections shall
  (b) Cross reference. For procedures re-              not apply to a retailer or the publisher
garding the issuance, denial, and rev-                 of any newspaper, periodical, or other
ocation of certificates of label ap-                   publication, or radio or television
proval, as well as appeal procedures,                  broadcast, unless such retailer or pub-
see part 13 of this chapter.                           lisher or radio or television broad-
                                                       caster is engaged in business as a brew-
[T.D. ATF–406, 64 FR 2129, Jan. 13, 1999]              er, wholesaler, bottler, or importer of
                                                       malt beverages, directly or indirectly,
§ 7.42 Exhibiting certificates to Gov-                 or through an affiliate.
     ernment officials.
                                                       [T.D. ATF–180, 49 FR 31675, Aug. 8, 1984]
  Any bottler or packer holding an
original or duplicate original of a cer-               § 7.51 Definitions.
tificate of label approval shall, upon                    As used in §§ 7.50 through 7.55 of this
demand exhibit such certificate to a                   part, the term ‘‘advertisement’’ in-
duly authorized representative of the                  cludes any written or verbal state-
United States Government or any duly                   ment, illustration, or depiction which
authorized representative of a State or                is in, or calculated to induce sales in,
political subdivision thereof.                         interstate or foreign commerce, or is



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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         § 7.54

disseminated by mail, whether it ap-              pany name or brand name of the prod-
pears in a newspaper, magazine, trade             uct.
booklet, menu, wine card, leaflet, cir-           [T.D. 6521, 25 FR 13859, Dec. 29, 1960, as
cular, mailer, book insert, catalog, pro-         amended by T.D. ATF–180, 49 FR 31675, Aug.
motional material, sales pamphlet, or             8, 1984]
in any written, printed, graphic, or
other matter accompanying the con-                § 7.53 Legibility of mandatory informa-
tainer, representations made on cases,                 tion.
or in any billboard, sign, or other out-             (a) Statements required under §§ 7.50
door advertisement, public transit                through 7.55 of this part that appear in
card, other periodical literature, publi-         any written, printed, or graphic adver-
cation, or in a radio or television               tisement shall be in lettering or type
broadcast, or in any other media; ex-             size sufficient to be conspicuous and
cept that such term shall not include:            readily legible.
   (a) Any label affixed to any container            (b) In the case of signs, billboards,
of malt beverages; or any coverings,              and displays the name and address of
cartons, or cases of containers of malt           the permittee responsible for the ad-
beverages used for sale at retail which           vertisement may appear in type size of
constitute a part of the labeling under           lettering smaller than the other man-
§§ 7.20 through 7.29 of this part.                datory information, provided such in-
   (b) Any editorial or other reading             formation can be ascertained upon
material (i.e., news release) in any peri-        closer examination of the sign or bill-
odical or publication or newspaper for            board.
the publication of which no money or                 (c) Mandatory information shall be
valuable consideration is paid or prom-           so stated as to be clearly a part of the
ised, directly or indirectly, by any              advertisement and shall not be sepa-
brewer, and which is not written by or            rated in any manner from the remain-
at the direction of the brewer.                   der of the advertisement.
                                                     (d) Mandatory information for two or
[T.D. ATF–180, 49 FR 31675, Aug. 8, 1984]         more products shall not be stated un-
                                                  less clearly separated.
§ 7.52 Mandatory statements.                         (e) Mandatory information shall be
  (a) Responsible advertiser. The adver-          so stated in both the print and audio-
tisement shall state the name and ad-             visual media that it will be readily ap-
dress of the brewer, bottler, packer,             parent to the persons viewing the ad-
wholesaler, or importer responsible for           vertisement.
its publication or broadcast. Street              [T.D. ATF–180, 49 FR 31675, Aug. 8, 1984]
number and name may be omitted in
the address.                                      § 7.54 Prohibited statements.
  (b) Class. The advertisement shall                 (a) General prohibition. An advertise-
contain a conspicuous statement of the            ment of malt beverages shall not con-
class to which the product belongs, cor-          tain:
responding to the statement of class                 (1) Any statement that is false or un-
which is required to appear on the label          true in any material particular, or
of the product.                                   that, irrespective of falsity, directly, or
  (c) Exception. (1) If an advertisement          by ambiguity, omission, or inference,
refers to a general malt beverage line            or by the addition of irrelevant, sci-
or all of the malt beverage products of           entific or technical matter, tends to
one company, whether by the company               create a misleading impression.
name or by the brand name common to                  (2) Any statement that is disparaging
all the malt beverages in the line, the           of a competitor’s products.
only mandatory information necessary                 (3) Any statement, design, device, or
is the name and address of the respon-            representation which is obscene or in-
sible advertiser. This exception does             decent.
not apply where only one type of malt                (4) Any statement, design, device, or
beverage is marketed under the spe-               representation of or relating to anal-
cific brand name advertised.                      yses, standards, or tests, irrespective of
  (2) On consumer specialty items, the            falsity, which the Director finds to be
only information necessary is the com-            likely to mislead the consumer.

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§ 7.54                                                       27 CFR Ch. I (4–1–99 Edition)

   (5) Any statement, design, device, or          mitted under § 7.71 may be displayed in
representation of or relating to any              any advertising media.
guarantee, irrespective of falsity,                  (d) Class. (1) No product containing
which the Director finds to be likely to          less than one-half of 1 per centum of al-
mislead the consumer. Money-back                  cohol by volume shall be designated in
guarantees are not prohibited.                    any advertisement as ‘‘beer’’, ‘‘lager
   (6) Any statement that the malt bev-           beer’’, ‘‘lager’’, ‘‘ale’’, ‘‘porter’’, or
erages are brewed, made, bottled,                 ‘‘stout’’, or by any other class or type
packed, labeled, or sold under, or in ac-         designation commonly applied to fer-
cordance with, any municipal, State,              mented malt beverages containing one-
or Federal authorization, law, or regu-           half of 1 per centum or more of alcohol
lation; and if a municipal or State per-          by volume.
mit number is stated, the permit num-                (2) No product other than a malt bev-
ber shall not be accompanied by any               erage fermented at comparatively high
additional statement relating thereto.            temperature, possessing the character-
   (7) The words ‘‘bonded’’, ‘‘bottled in         istics generally attributed to ‘‘ale,’’
bond’’, ‘‘aged in bond’’, ‘‘bonded age’’,         ‘‘porter,’’ or ‘‘stout’’ and produced
‘‘bottled under customs supervision’’,            without the use of coloring or flavoring
or phrases containing these or synony-            materials (other than those recognized
mous terms which imply governmental               in standard brewing practices) shall be
supervision over production, bottling,            designated in any advertisement by
or packing.                                       any of these class designations.
   (b) Statements inconsistent with label-           (e) Curative and therapeutic claims.
ing. (1) Advertisements shall not con-            Advertisements shall not contain any
tain any statement concerning a brand             statement, design, representation, pic-
or lot of malt beverages that is incon-           torial representation, or device rep-
sistent with any statement on the la-             resenting that the use of malt bev-
beling thereof.                                   erages has curative or therapeutic ef-
   (2) Any label depicted on a bottle in          fects if such statement is untrue in any
an advertisement shall be a reproduc-             particular or tends to create a mis-
tion of an approved label.                        leading impression.
   (c) Alcoholic content. (1) Advertise-             (f) Confusion of brands. Two or more
ments shall not contain the words                 different brands or lots of malt bev-
‘‘strong,’’ ‘‘full strength,’’ ‘‘extra            erages shall not be advertised in one
strength,’’ ‘‘high test,’’ ‘‘high proof,’’        advertisement (or in two or more ad-
‘‘full alcohol strength,’’ or any other           vertisements in one issue of a peri-
statement of alcoholic content, or any            odical or a newspaper or in one piece of
statement of the percentage and quan-             other written, printed, or graphic mat-
tity of the original extract, or any nu-          ter) if the advertisement tends to cre-
merals, letters, characters, figures, or          ate the impression that representa-
similar words or statements, likely to            tions made as to one brand or lot apply
be considered as statements of alco-              to the other or others, and if as to such
holic content, unless required by State           latter the representations contravene
law. This does not preclude use of the            any provision of §§ 7.50 through 7.54 or
terms ‘‘low alcohol,’’ ‘‘reduced alco-            are in any respect untrue.
hol,’’ ‘‘non-alcoholic,’’ and ‘‘alcohol-             (g) Flags, seals, coats of arms, crests,
free,’’ as used on labels, in accordance          and other insignia. No advertisement
with § 7.71 (d), (e), and (f).                    shall contain any statement, design,
   (2) An approved malt beverage label            device, or pictorial representation of or
which bears a statement of alcoholic              relating to, or capable of being con-
content permitted under § 7.71 may be             strued as relating to the armed forces
depicted in any advertising media. The            of the United States, or of the Amer-
statement of alcoholic content on the             ican flag, or of any emblem, seal, insig-
label may not appear more promi-                  nia, or decoration associated with such
nently in the advertisement than it               flag or armed forces; nor shall any ad-
does on the approved label.                       vertisement contain any statement, de-
   (3) An actual malt beverage bottle             vice, design, or pictorial representation
showing the approved label bearing a              of or concerning any flag, seal, coat of
statement of alcoholic content per-               arms, crest, or other insignia, likely to

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                           § 7.71

mislead the consumer to believe that                     Subpart H—Interim Regulations for
the product has been endorsed, made,                       Alcoholic Content Statements
or used by, or produced for, or under
the supervision of, or in accordance                     § 7.71   Alcoholic content.
with the specifications of the govern-                      (a) General. Alcoholic content and the
ment, organization, family, or indi-                     percentage and quantity of the original
vidual with whom such flag, seal, coat                   gravity or extract may be stated on a
of arms, crest, or insignia is associated.               label unless prohibited by State law.
  (h) Deceptive advertising techniques.                  When alcoholic content is stated, and
Subliminal or similar techniques are                     the manner of statement is not re-
prohibited. ‘‘Subliminal or similar                      quired under State law, it shall be stat-
techniques,’’ as used in this part, refers               ed as prescribed in paragraph (b) of this
to any device or technique that is used                  section.
to convey, or attempts to convey, a                         (b) Form of statement. (1) Statement of
message to a person by means of im-                      alcoholic content shall be expressed in
ages or sounds of a very brief nature                    percent alcohol by volume, and not by
that cannot be perceived at a normal                     percent by weight, proof, or by maxi-
level of awareness.                                      mums or minimums.
                                                            (2) For malt beverages containing 0.5
[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as               percent or more alcohol by volume,
amended by T.D. ATF–180, 49 FR 31675, Aug.               statements of alcoholic content shall
8, 1984; T.D. ATF 280, 54 FR 3594, Jan. 25, 1989;        be expressed to the nearest one-tenth
T.D. ATF–339, 58 FR 21232, Apr. 19, 1993]
                                                         of a percent, subject to the tolerance
§ 7.55 Comparative advertising.                          permitted by paragraph (c) (1) and (2)
                                                         of this section. For malt beverages con-
  (a) General. Comparative advertising                   taining less than 0.5 percent alcohol by
shall not be disparaging of a competi-                   volume, alcoholic content may be ex-
tor’s product.                                           pressed in one-hundredths of a percent,
  (b) Taste tests. (1) Taste test results                subject to the tolerance permitted in
may be used in advertisements com-                       paragraph (c)(3) of this section.
paring competitors’ products unless                         (3) Alcoholic content shall be ex-
they are disparaging, deceptive, or                      pressed in the following fashion: ‘‘alco-
likely to mislead the consumer.                          hol—percent by volume,’’ ‘‘alcohol by
  (2) The taste test procedure used                      volume—percent,’’ ‘‘—percent alcohol
shall meet scientifically accepted pro-                  by volume,’’ or ‘‘—percent alcohol/vol-
cedures. An example of a scientifically                  ume.’’ The abbreviations ‘‘alc’’ and
accepted procedure is outlined in the                    ‘‘vol’’ may be used in lieu of the words
Manual on Sensory Testing Methods,                       ‘‘alcohol’’ and ‘‘volume,’’ and the sym-
                                                         bol ‘‘%’’ may be used in lieu of the
ASTM Special Technical Publication
                                                         word ‘‘percent.’’
434, published by the American Society
                                                            (c) Tolerances. (1) For malt beverages
for Testing and Materials, 1916 Race
                                                         containing 0.5 percent or more alcohol
Street,    Philadelphia,   Pennsylvania                  by volume, a tolerance of 0.3 percent
19103, ASTM, 1968, Library of Congress                   will be permitted, either above or
Catalog Card Number 68–15545.                            below the stated percentage of alcohol.
  (3) A statement shall appear in the                    Any malt beverage which is labeled as
advertisement providing the name and                     containing 0.5 percent or more alcohol
address of the testing administrator.                    by volume may not contain less than
[T.D. ATF–180, 49 FR 31676, Aug. 8, 1984]                0.5 percent alcohol by volume, regard-
                                                         less of any tolerance.
                                                            (2) For malt beverages which are la-
  Subpart G—General Provisions                           beled as ‘‘low alcohol’’ or ‘‘reduced al-
                                                         cohol’’ under paragraph (d) of this sec-
§ 7.60 Exports.
                                                         tion, the actual alcoholic content may
  This part shall not apply to malt bev-                 not equal or exceed 2.5 percent alcohol
erages exported in bond.                                 by volume, regardless of any tolerance




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Pt. 8                                                              27 CFR Ch. I (4–1–99 Edition)

permitted by paragraph (c)(1) of this                   Subpart A—Scope of Regulations
section.
  (3) For malt beverages containing                    § 8.1   General.
less than 0.5 percent alcohol by vol-
                                                         The regulations in this part, issued
ume, the actual alcoholic content may
                                                       pursuant to section 105 of the Federal
not exceed the labeled alcoholic con-
tent. A malt beverage may not be la-                   Alcohol Administration Act (27 U.S.C.
beled with an alcoholic content of 0.0                 205), specify arrangements which are
percent alcohol by volume unless it is                 exclusive outlets under section 105(a) of
also labeled as ‘‘alcohol free’’ and con-              the Act and criteria for determining
tains no alcohol.                                      whether a practice is a violation of sec-
  (d) Low alcohol and reduced alcohol.                 tion 105(a) of the Act. This part does
The terms ‘‘low alcohol’’ or ‘‘reduced                 not attempt to enumerate all of the
alcohol’’ may be used only on malt bev-                practices prohibited by section 105(a) of
erages containing less than 2.5 percent                the Act. Nothing in this part shall op-
alcohol by volume.                                     erate to exempt any person from the
  (e) Non-alcoholic. The term ‘‘non-alco-              requirements of any State law or regu-
holic’’ may be used on malt beverages,                 lation.
provided the statement ‘‘contains less                 [T.D. ATF–364, 60 FR 20425, Apr. 26, 1995]
than 0.5 percent (or .5%) alcohol by vol-
ume’’ appears in direct conjunction                    § 8.2   Territorial extent.
with it, in readily legible printing and
on a completely contrasting back-                        This part applies to the several
ground.                                                States of the United States, the Dis-
  (f) Alcohol free. The term ‘‘alcohol                 trict of Columbia, and Puerto Rico.
free’’ may be used only on malt bev-
erages containing no alcohol.                          § 8.3   Application.

[T.D. ATF–339, 58 FR 21232, Apr. 19, 1993]
                                                         (a) General. This part applies only to
                                                       transactions between industry mem-
                                                       bers and retailers. It does not apply to
       PART 8—EXCLUSIVE OUTLETS                        transactions between two industry
                                                       members; for example, between a pro-
        Subpart A—Scope of Regulations
                                                       ducer and a wholesaler.
Sec.                                                     (b) Transactions involving State agen-
8.1 General.                                           cies. The regulations in this part apply
8.2 Territorial extent.                                only to transactions between industry
8.3 Application.
8.4 Jurisdictional limits.                             members and State agencies operating
8.5 Administrative provisions.                         as retailers as defined in this part. The
                                                       regulations do not apply to State agen-
              Subpart B—Definitions                    cies with regard to their wholesale
                                                       dealings with retailers.
8.11    Meaning of terms.

         Subpart C—Prohibited Practices                § 8.4 Jurisdictional limits.
                                                         (a) General. The regulations in this
8.21 General.
8.22 Contracts to purchase distilled spirits,          part apply where:
    wine, or malt beverages.                             (1) The industry member requires, by
8.23 Third party arrangements.                         agreement or otherwise, a retailer to
                                                       purchase distilled spirits, wine, or malt
              Subpart D—Exclusion                      beverages from such industry member
8.51    Exclusion, in general.                         to the exclusion in whole or in part of
8.52    Practices which result in exclusion.           products sold or offered for sale by
8.53    Practice not resulting in exclusion.           other persons in interstate or foreign
8.54    Criteria for determining retailer inde-        commerce; and
       pendence.                                         (2) If: (i) The requirement is made in
  AUTHORITY: 15 U.S.C. 49–50; 27 U.S.C. 202            the course of interstate or foreign com-
and 205; 44 U.S.C. 3504(h).                            merce; or
  SOURCE: T.D. ATF–74, 45 FR 63256, Sept. 23,            (ii) The industry member engages in
1980, unless otherwise noted.                          the practice of using a requirement to

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                        § 8.11

such an extent as substantially to re-             (c) Reports required by the Deputy As-
strain or prevent transactions in inter-         sociate Director (Regulatory Enforcement
state or foreign commerce in any such            Programs)—(1) General. The Deputy As-
products; or                                     sociate Director (Regulatory Enforce-
  (iii) The direct effect of the require-        ment Programs) may, as part of a trade
ment is to prevent, deter, hinder, or re-        practice investigation of an industry
strict other persons from selling or of-         member, require such industry member
fering for sale any such products to             to submit a written report containing
such retailer in interstate or foreign           information on sponsorships, advertise-
commerce.                                        ments, promotions, and other activi-
  (b) Malt beverages. In the case of malt        ties pertaining to its business subject
beverages, this part applies to trans-           to the Act conducted by, or on behalf
actions between a retailer in any State          of, or benefiting the industry member.
and a brewer, importer, or wholesaler              (2) Preparation. The report will be
of malt beverages inside or outside              prepared by the industry member in
such State only to the extent that the           letter form, executed under the pen-
law of such State imposes require-               alties of perjury, and will contain the
ments similar to the requirements of             information specified by the Deputy
section 5(a) of the Federal Alcohol Ad-          Associate Director (Regulatory En-
ministration Act (27 U.S.C. 205(a)),             forcement Programs). The period cov-
with respect to similar transactions be-         ered by the report will not exceed three
tween a retailer in such State and a             years.
brewer, importer, or wholesaler of malt            (3) Filing. The report will be filed in
beverages in such State.                         accordance with the instructions of the
                                                 Deputy Associate Director (Regulatory
§ 8.5   Administrative provisions.
                                                 Enforcement Programs).
  (a) General. The Act makes applicable
                                                 (Approved by the Office of Management and
the provisions including penalties of
                                                 Budget under control number 1512–0392)
sections 49 and 50 of Title 15, United
States Code, to the jurisdiction, powers         [T.D. ATF–364, 60 FR 20425, Apr. 26, 1995]
and duties of the Director under this
Act, and to any person (whether or not                    Subpart B—Definitions
a corporation) subject to the provisions
of law administered by the Director              § 8.11   Meaning of terms.
under this Act. The Act also provides
                                                   As used in this part, unless the con-
that the Director is authorized to re-
                                                 text otherwise requires, terms have the
quire, in such manner and such form as
                                                 meanings given in this section. Any
he or she shall prescribe, such reports
                                                 other term defined in the Federal Alco-
as are necessary to carry out the pow-
                                                 hol Administration Act and used in
ers and duties under this chapter.
                                                 this part shall have the meaning as-
  (b) Examination and Subpoena. The              signed to it by that Act.
Director or any authorized ATF offi-
                                                   Act. The Federal Alcohol Administra-
cers shall at all reasonable times have
                                                 tion Act.
access to, for the purpose of examina-
tion, and the right to copy any docu-              ATF officer. An officer or employee of
mentary evidence of any person, part-            the Bureau of Alcohol, Tobacco and
nership, or corporation being inves-             Firearms (ATF) authorized to perform
tigated or proceeded against. The Di-            any function relating to the adminis-
rector shall also have the power to re-          tration or enforcement of this part.
quire by subpoena the attendance and               Deputy Associate Director (Regulatory
testimony of witnesses and the produc-           Enforcement Programs). The principal
tion of all such documentary evidence            ATF headquarters official responsible
relating to any matter under investiga-          for administering regulations in this
tion, upon a satisfactory showing that           part.
the requested evidence may reasonably              Director. The Director, Bureau of Al-
be expected to yield information rel-            cohol, Tobacco and Firearms, the De-
evant to any matter being investigated           partment of the Treasury, Washington,
under the Act.                                   DC.

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§ 8.21                                                          27 CFR Ch. I (4–1–99 Edition)

  Industry member. Any person engaged               fect of prohibiting the retailer from
in business as a distiller, brewer, rec-            purchasing from other industry mem-
tifier, blender, or other producer, or as           bers by:
an importer or wholesaler, of distilled               (1) Requiring that for the period of
spirits, wine or malt beverages, or as a            the agreement, the retailer purchase a
bottler, or warehouseman and bottler,               product or line of products exclusively
of distilled spirits; industry member               from the industry member; or
does not include an agency of a State                 (2) Requiring that the retailer pur-
or political subdivision thereof, or an             chase a specific or minimum quantity
officer or employee of such agency.                 during the period of the agreement.
  Product. Distilled spirits, wine or
malt beverages, as defined in the Fed-              § 8.23 Third party arrangements.
eral Alcohol Administration Act.                       Industry member requirements, by
  Retailer. Any person engaged in the               agreement or otherwise, with non-re-
sale of distilled spirits, wine or malt             tailers which result in a retailer being
beverages to consumers. A wholesaler                required to purchase the industry
who makes incidental retail sales rep-              member’s products are within the ex-
resenting less than five percent of the             clusive outlet provisions. These indus-
wholesaler’s total sales volume for the             try member requirements are covered
preceding two-month period shall not                whether the agreement or other ar-
be considered a retailer with respect to            rangement originates with the indus-
such incidental sales.                              try member or the third party. For ex-
T.D. ATF–74, 45 FR 63256, Sept. 23, 1980, as        ample, a supplier enters into a contrac-
amended by T.D. ATF–364, 60 FR 20425, Apr.          tual agreement or other arrangement
26, 1995]                                           with a third party. This agreement or
                                                    arrangement contains an industry
 Subpart C—Prohibited Practices                     member requirement as described
                                                    above. The third party, a ballclub, or
§ 8.21 General.                                     municipal or private corporation, not
   It is unlawful for an industry mem-              acting as a retailer, leases the conces-
ber to require, by agreement or other-              sion rights and is able to control the
wise, that any retailer purchase dis-               purchasing decisions of the retailer.
tilled spirits, wine, or malt beverages             The third party, as a result of the re-
from the industry member to the ex-                 quirement, by agreement or otherwise,
clusion, in whole or in part, of products           with the industry member, requires the
sold or offered for sale by other persons           retailer to purchase the industry mem-
in interstate or foreign commerce. This             ber’s products to the exclusion, in
prohibition includes purchases coerced              whole or in part, of products sold or of-
by industry members, through acts or                fered for sale by other persons in inter-
threats of physical or economic harm,               state or foreign commerce. The busi-
as well as voluntary industry member-               ness arrangements entered into by the
retailer purchase agreements.                       industry member and the third party
                                                    may consist of such things as spon-
§ 8.22 Contracts to purchase distilled              soring radio or television broadcasting,
     spirits, wine, or malt beverages.              paying for advertising, or providing
   Any contract or agreement, written               other services or things of value.
or unwritten, which has the effect of
                                                    [T.D. ATF–364, 60 FR 20425, Apr. 26, 1995]
requiring the retailer to purchase dis-
tilled spirits, wine, or malt beverages
from the industry member beyond a                            Subpart D—Exclusion
single sales transaction is prohibited.
Examples of such contracts are:                       SOURCE: T.D. ATF–364, 60 FR 20425, Apr. 26,
   (a) An advertising contract between              1995, unless otherwise noted.
an industry member and a retailer with
the express or implied requirement of               § 8.51 Exclusion, in general.
the purchase of the advertiser’s prod-                 (a) Exclusion, in whole or in part oc-
ucts; or                                            curs:
   (b) A sales contract awarded on a                   (1) When a practice by an industry
competitive bid basis which has the ef-             member, whether direct, indirect, or

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         Pt. 9

through an affiliate, places (or has the           practice need not meet all of the cri-
potential to place) retailer independ-             teria specified in this section in order
ence at risk by means of a tie or link             to place retailer independence at risk.
between the industry member and re-                  (a) The practice restricts or hampers
tailer or by any other means of indus-             the free economic choice of a retailer
try member control over the retailer,              to decide which products to purchase
and                                                or the quantity in which to purchase
  (2) Such practice results in the re-             them for sale to consumers.
tailer purchasing less than it would                 (b) The industry member obligates
have of a competitor’s product.                    the retailer to participate in the pro-
  (b) Section 8.52 lists practices that            motion to obtain the industry mem-
result in exclusion. Section 8.53 lists            ber’s product.
practices not resulting in exclusion.                (c) The retailer has a continuing obli-
Section 8.54 lists the criteria used for           gation to purchase or otherwise pro-
determining whether other practices                mote the industry member’s product.
can put retailer independence at risk.               (d) The retailer has a commitment
                                                   not to terminate its relationship with
§ 8.52 Practices which result in exclu-            the industry member with respect to
     sion.                                         purchase of the industry member’s
   The practices specified in this sec-            products.
tion result in exclusion under section               (e) The practice involves the industry
105(a) of the Act. The practices speci-            member in the day-to-day operations of
fied here are examples and do not con-             the retailer. For example, the industry
stitute a complete list of such prac-              member controls the retailer’s deci-
tices:                                             sions on which brand of products to
   (a) Purchases of distilled spirits, wine        purchase, the pricing of products, or
or malt beverages by a retailer as a re-           the manner in which the products will
sult, directly or indirectly, of a threat          be displayed on the retailer’s premises.
or act of physical or economic harm by               (f) The practice is discriminatory in
the selling industry member.                       that it is not offered to all retailers in
   (b) Contracts between an industry               the local market on the same terms
member and a retailer which require                without business reasons present to
the retailer to purchase distilled spir-           justify the difference in treatment.
its, wine, or malt beverages from that
industry member and expressly restrict             PART 9—AMERICAN VITICULTURAL
the retailer from purchasing, in whole                       AREAS
or in part, such products from another
industry member.                                           Subpart A—General Provisions
§ 8.53 Practice not resulting in exclu-            Sec.
     sion.                                         9.1 Scope.
                                                   9.2 Territorial extent.
   The practice specified in this section
                                                   9.3 Relation to Parts 4 and 71 of this chap-
is deemed not to result in exclusion                   ter.
under section 105(a) of the Act: a sup-
ply contract for one year or less be-                          Subpart B—Definitions
tween the industry member and re-
tailer under which the industry mem-               9.11   Meaning of terms.
ber agrees to sell distilled spirits, wine,               Subpart C—Approved American
or malt beverages to the retailer on an                          Viticultural Areas
‘‘as needed’’ basis provided that the re-
tailer is not required to purchase any             9.21 General.
minimum quantity of such product.                  9.22 Augusta.
                                                   9.23 Napa Valley.
§ 8.54 Criteria for determining retailer           9.24 Chalone.
     independence.                                 9.25 San Pasqual Valley.
                                                   9.26 Guenoc Valley.
   The criteria specified in this section          9.27 Lime Kiln Valley.
are indications that a particular prac-            9.28 Santa Maria Valley.
tice, other than those in §§ 8.52 and 8.53,        9.29 Sonoma Valley.
places retailer independence at risk. A            9.30 North Coast.

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Pt. 9                                                   27 CFR Ch. I (4–1–99 Edition)
9.31    Santa Cruz Mountains.             9.98 Monterey.
9.32    Los Carneros.                     9.99 Clear Lake.
9.33    Fennville.                        9.100 Mesilla Valley.
9.34    Finger Lakes.                     9.101 The Hamptons, Long Island.
9.35    Edna Valley.                      9.102 Sonoma Mountain.
9.36    McDowell Valley.                  9.103 Mimbres Valley.
9.37    California Shenandoah Valley.     9.104 South Coast.
9.38    Cienega Valley.                   9.105 Cumberland Valley.
9.39    Paicines.                         9.106 North Yuba.
9.40    Leelanau Peninsula.               9.107 Lodi.
9.41    Lancaster Valley.                 9.108 Ozark Mountain.
9.42    Cole Ranch.                       9.109 Northern Neck George Washington
9.43    Rocky Knob.                           Birthplace.
9.44    Solano County Green Valley.       9.110 San Benito.
9.45    Suisun Valley.                    9.111 Kanawha River Valley.
9.46    Livermore Valley.                 9.112 Arkansas Mountain.
9.47    Hudson River Region.              9.113 North Fork of Long Island.
9.48    Monticello.                       9.114 Old Mission Peninsula.
9.49    Central Delaware Valley.          9.115 Ozark Highlands.
9.50    Temecula.                         9.116 Sonoma Coast.
9.51    Isle St. George.                  9.117 Stags Leap District.
9.52    Chalk Hill.                       9.118 Ben Lomond Mountain.
9.53    Alexander Valley.                 9.119 Middle Rio Grande Valley.
9.54    Santa Ynez Valley.                9.120 Sierra Foothills.
9.55    Bell Mountain.                    9.121 Warren Hills.
9.56    San Lucas.                        9.122 Western Connecticut Highlands.
9.57    Sonoma County Green Valley.       9.123 Mt. Veeder.
9.58    Carmel Valley.                    9.124 Wild Horse Valley.
9.59    Arroyo Seco.                      9.125 Fredericksburg in the Texas Hill
9.60    Shenandoah Valley.                    Country.
9.61    El Dorado.                        9.126 Santa Clara Valley.
9.62    Loramie Creek.                    9.127 Cayuga Lake.
9.63    Linganore.                        9.129 Arroyo Grande Valley.
9.64    Dry Creek Valley.                 9.130 San Ysidro District.
9.65    North Fork of Roanoke.            9.131 Mt. Harlan.
9.66    Russian River Valley.             9.132 Rogue Valley.
9.67    Catoctin.                         9.133 Rutherford.
9.68    Merritt Island.                   9.134 Oakville.
9.69    Yakima Valley.                    9.135 Virginia’s Eastern Shore.
9.70    Northern Sonoma.                  9.136 Texas Hill Country.
9.71    Hermann.                          9.137 Grand Valley.
9.72    Southeastern New England.         9.138 Benmore Valley.
9.73    Martha’s Vineyard.                9.139 Santa Lucia Highlands.
9.74    Columbia Valley.                  9.140 Atlas Peak.
9.75    Central Coast.                    9.141 Escondido Valley.
9.76    Knights Valley.                   9.143 Spring Mountain District.
9.77    Altus.                            9.144 Texas High Plains.
9.78    Ohio River Valley.                9.145 Dunnigan Hills.
9.79    Lake Michigan Shore.              9.146 Lake Wisconsin.
9.80    York Mountain.                    9.147 Hames Valley.
9.81    Fiddletown.                       9.148 Seiad Valley.
9.82    Potter Valley.                    9.149 St. Helena.
9.83    Lake Erie.                        9.150 Cucamonga Valley.
9.84    Paso Robles.                      9.151 Puget Sound.
9.85    Willow Creek.                     9.152 Malibu—Newton Canyon.
9.86    Anderson Valley.                  9.153 Redwood Valley.
9.87    Grand River Valley.               9.154 Chiles Valley.
9.88    Pacheco Pass.                     9.155 Texas Davis Mountains.
9.89    Umpqua Valley.                    9.156 Diablo Grande.
9.90    Willamette Valley.                9.157 San Francisco Bay.
9.91    Walla Walla Valley.               9.158 Mendocino Ridge.
9.92    Madera.                           9.159 Yorkville Highlands.
9.93    Mendocino.                        9.160 Yountville.
9.94    Howell Mountain.
                                              AUTHORITY: 27 U.S.C. 205.
9.95    Clarksburg.
9.96    Mississippi Delta.                  SOURCE: T.D. ATF–60, 44 FR 56692, Oct. 2,
9.97    Sonoita.                          1979, unless otherwise noted.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.22

   Subpart A—General Provisions                         Subpart B—Definitions
§ 9.1   Scope.                                   § 9.11 Meaning of terms.
 The regulations in this part relate to             As used in this part, unless the con-
American viticultural areas.                     text otherwise requires, terms shall
                                                 have the meaning ascribed in this sec-
§ 9.2   Territorial extent.                      tion.
                                                    American. Of or relating to the sev-
  This part applies to the several               eral States, the District of Columbia,
States of the United States, the Dis-            and Puerto Rico; ‘‘State’’ includes the
trict of Columbia, and Puerto Rico.              District of Columbia and Puerto Rico.
                                                    Approved map. The map used to define
§ 9.3 Relation to Parts 4 and 71 of this         the     boundaries     of  an   approved
     chapter.                                    viticultural area.
   (a) Procedure. In accordance with                Director. The Director, Bureau of Al-
§§ 4.25a(e)(2) and 71.41(c) of this chapter,     cohol, Tobacco and Firearms, the De-
the Director shall receive petitions to          partment of the Treasury, Washington,
establish American viticultural areas            DC.
and shall use the informal rulemaking               Use of other terms. Any other term de-
process, under 5 U.S.C. 553, in estab-           fined in the Federal Alcohol Adminis-
lishing viticultural areas in this part.         tration Act and used in this part shall
                                                 have the same meaning assigned to it
   (b) Information to establish an Amer-
                                                 by the Act.
ican viticultural area. A petition, made
                                                    U.S.G.S. The United States Geologi-
in writing, shall contain the following          cal Survey.
information:                                        Viticultural area. A delimited, grape-
   (1) Evidence that the name of the             growing region distinguishable by geo-
viticultural area is locally and/or na-          graphical features, the boundaries of
tionally known as referring to the area          which have been delineated in subpart
specified in the application;                    C of this part.
   (2) Historical or current evidence
that the boundaries of the viticultural            Subpart C—Approved American
area are as specified in the application;                 Viticultural Areas
   (3) Evidence relating to the geo-
graphical features (climate, soil, ele-          § 9.21 General.
vation, physical features, and the like)            The viticultural areas listed in this
which distinguish the viticultural fea-          subpart are approved for use as appella-
tures of the proposed area from sur-             tions of origin in accordance with part
rounding areas;                                  4 of this chapter.
   (4) The specific boundaries of the
viticultural area, based on features             § 9.22 Augusta.
which can be found on United States                 (a)   Name.    The   name     of  the
Geological Survey (U.S.G.S.) maps of             viticultural area described in this sec-
the largest applicable scale; and                tion is ‘‘Augusta.’’
   (5) A copy of the appropriate U.S.G.S.           (b) Approved maps. The approved
map(s) with the boundaries promi-                maps for the Augusta viticultural area
nently marked. (For U.S.G.S. maps,               are two U.S.G.S. maps. They are titled:
write the U.S. Geological Survey,                   (1) ‘‘Washington East, Missouri’’, 7.5
                                                 minute quadrangle; and
Branch of Distribution, Box 25286, Fed-
                                                    (2) ‘‘Labadie, Missouri’’, 7.5 minute
eral Center, Denver, Colorado 80225. If
                                                 quadrangle.
the map name is not known, request a                (c) Boundaries. The boundaries of the
map index by State.)                             Augusta viticultural area are located
[T.D. ATF–60, 44 FR 56692, Oct. 2, 1979, as      in the State of Missouri and are as fol-
amended by T.D. ATF–92, 46 FR 46913, Sept.       lows:
23, 1981; T.D. ATF –355, 59 FR 14553, Mar. 29,      (1) The beginning point of the bound-
1994]                                            ary is the intersection of the St.



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§ 9.23                                                    27 CFR Ch. I (4–1–99 Edition)

Charles County line, the Warren Coun-           (3) The Napa County-Solano County
ty line and the Franklin County line.         line; and
  (2) The western boundary is the St.           (4) The Napa County-Sonoma County
Charles County-Warren County line             line to the beginning point.
from the beginning point to the town-
ship line identified on the approved          [T.D. ATF–79, 46 FR 9063, Jan. 28, 1981, as
maps as ‘‘T45N/T44N.’’                        amended by T.D. ATF–201, 50 FR 12533, Mar.
                                              29, 1985]
  (3) The northern boundary is the
township line ‘‘T45N/T44N’’ from the
                                              § 9.24   Chalone.
St. Charles County-Warren County line
to the range line identified on the ap-         (a) Name The name of the viticultural
proved maps as ‘‘R1E/R2E.’’                   area described in this section is
  (4) The eastern boundary is the range       ‘‘Chalone.’’
line ‘‘R1E/R2E’’ from township line             (b) Approved maps. The appropriate
‘‘T45N/T44N’’ extended to the St.             maps for determining the boundaries of
Charles County-Franklin County line.          the Chalone viticultural area are four
  (5) The southern boundary is the St.        U.S.G.S. 7.5 minute quadrangle maps.
Charles County-Franklin County line           They are titled:
from the extension of range line ‘‘R1E/         (1) ‘‘Mount Johnson, California,
R2E’’ to the beginning point.                 1968’’;
[T.D. ATF–72, 45 FR 41633, June 20, 1980]       (2) ‘‘Bickmore Canyon, California,
                                              1968’’;
§ 9.23 Napa Valley.                             (3) ‘‘Soledad, California, 1955’’; and
   (a)    Name.   The    name    of  the        (4) ‘‘North Chalone Peak, California,
viticultural area described in this sec-      1969.’’
tion is ‘‘Napa Valley.’’                        (c)     Boundaries.      The     Chalone
   (b) Approved maps. The maps showing        viticultural area includes 8640 acres,
the boundaries of the Napa Valley             primarily located in Monterey County,
viticultural area are the:                    California, with small portions in the
   (1) ‘‘Mt. St. Helena’’ U.S.G.S. 7.5        north and east located in San Benito
minute quadrangle;                            County, California. The boundaries of
   (2) ‘‘Detert Reservoir’’ U.S.G.S. 7.5      the Chalone viticultural area encom-
minute quadrangle;                            pass:
   (3) ‘‘St. Helena’’ U.S.G.S. 15 minute        (1) Sections 35 and 36, in their en-
quadrangle;                                   tirety, of T.16 S., R.6.E.;
   (4) ‘‘Jericho Valley’’ U.S.G.S. 7.5
                                                (2) Sections 1, 2 and 12, in their en-
minute quadrangle;
                                              tirety, of T.17 S., R.6 E.;
   (5) ‘‘Lake Berryessa’’ U.S.G.S. 15
minute quadrangle;                              (3) Sections 6, 7, 8, 9, 16, and 17, in
   (6) ‘‘Mt. Vaca’’ U.S.G.S. 15 minute        their entirety, the western half of Sec-
quadrangle;                                   tion 5, and the eastern half of Section
   (7) ‘‘Cordelia’’ U.S.G.S. 7.5 minute       18 of T.17 S., R.7 E.; and
quadrangle;                                     (4) Section 31, in its entirety, and the
   (8) ‘‘Cuttings Wharf’’ U.S.G.S. 7.5        western half of Section 32 of T.16 S.,
minute quadrangle; and                        R.7 E.
   (9) Appropriate Napa County tax as-        [T.D. ATF–107, 47 FR 25519, June 14, 1982]
sessor’s maps showing the Napa Coun-
ty-Sonoma County line.                        § 9.25   San Pasqual Valley.
   (c) Boundaries. The Napa Valley
viticultural area is located within             (a)    Name.   The   name     of   the
Napa County, California. From the be-         viticultural area described in this sec-
ginning point at the conjuction of the        tion is ‘‘San Pasqual Valley.’’
Napa County-Sonoma County line and              (b) Approved maps. The appropriate
the Napa County-Lake County line, the         maps for determining the boundaries
boundary runs along—                          are three U.S.G.S. maps. They are enti-
   (1) The Napa County-Lake County            tled:
line;                                           (1) ‘‘Escondido Quadrangle, Cali-
   (2) Putah Creek and the western and        fornia—San Diego County’’, 7.5 minute
southern shores of Lake Berryessa;            series;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                      § 9.27

  (2) ‘‘San Pasqual Quadrangle, Cali-          Lake County, California. The begin-
fornia—San Diego County’’, 7.5 minute          ning point of the boundary is Station
series;                                        20 of Denton’s Survey of Guenoc Ran-
  (3) ‘‘Valley Center Quadrangle, Cali-        cho, presently marked by a 11⁄2 inch
fornia—San Diego County’’, 7.5 minute          galvanized pipe located atop Jim Davis
series.                                        Peak. On the approved maps, Jim
  (c) Boundaries. The San Pasqual Val-         Davis Peak is the unnamed peak (ele-
ley viticultural area is located in San        vation 1,455 feet) located on the west-
Diego County, California.                      ern boundary of Section 35, Township
  (1) From the beginning point at the          11 North, Range 6 West. From this be-
intersection of Interstate 15 and the          ginning point the boundary runs:
500-foot contour line, north of the              (1) South 07°49′34″ East, 9,822.57 feet
intersection of point of Interstate 15         to the USGS triangulation station
and T.12 S./T.13 S., the boundary line         ‘‘Guenoc;’’
follows the 500-foot contour line to;            (2) Then, South 29°14′31″ West,
  (2) The point nearest San Pasqual            10,325.08 feet;
Road and the 500-foot contour line, the          (3) Then, South 00°00′ West, 2,100.00
boundary line follows the Escondido            feet;
Corporate Boundary line to the 500–              (4) Then, North 90°00′ West, 4,150.00
foot contour line on the hillock and           feet;
circumnavigates said hillock back to             (5) Then, North 24°23′11″ West,
the Escondido Corporate Boundary line          16,469.36 feet;
and returns to the 500-foot contour line         (6) Then, North 75°47′20″ East, 7,943.08
nearest to San Pasqual Road and;               feet; and
  (3) Continues along the 500-foot con-          (7) Then, North 60°47′00″ East, 7,970.24
tour line completely around San                feet to the beginning point.
Pasqual Valley to a point where the            [T.D. ATF–95, 46 FR 56786, Nov. 19, 1981]
500-foot contour line intersects with
Pomerado Road, at this point, the              § 9.27 Lime Kiln Valley.
boundary line, in a straight, north-              (a)   Name.    The    name     of    the
westerly direction crosses over to;            viticultural area described in this sec-
  (4) The 500-foot contour line of Battle      tion is ‘‘Lime Kiln Valley.’’
Mountain, following the 500-foot con-             (b) Approved Map. The appropriate
tour line around Battle Mountain to            map for determining the boundaries of
point nearest to Interstate 15, at which       the Lime Kiln Valley Viticultural area
point the boundary line crosses over to        is: ‘‘Paicines Quadrangle, California,’’
Interstate 15; and                             1968, 7.5 minute series.
  (5) Continues northward along Inter-            (c) Boundaries. The Lime Kiln Valley
state 15 to the point of beginning.            viticultural area is located in San Be-
[T.D. ATF–92, 46 FR 41493, Sept. 23, 1981]     nito County, California. From the be-
                                               ginning point at the intersection of
§ 9.26 Guenoc Valley.                          Thompson Creek and Cienega Road, the
   (a)    Name.   The    name     of  the      boundary proceeds, in a straight line to
viticultural area described in this sec-       the summit of an unnamed peak (1,288
tion is ‘‘Guenoc Valley.’’                     feet) in the northwest quarter of Sec-
   (b) Approved maps. The appropriate          tion 28, T.14 S./R.6 E.;
maps for determining the boundaries of            (1) Thence in a straight line from the
the Guenoc Valley viticultural area are        summit of the unnamed peak (1,288
four USGS maps. They are titled:               feet) to a point where it intersects the
   (1) ‘‘Middletown Quadrangle, Cali-          1,400-foot contour line, by the elevation
fornia-Lake Co.,’’ 7.5 minute series;          marker, in the southwest quarter of
   (2) ‘‘Jericho Valley Quadrangle, Cali-      T.14 S./R.6 E, Section 28;
fornia,’’ 7.5 minute series;                      (2) Thence following the 1,400-foot
   (3) ‘‘Detert Reservoir Quadrangle,          contour line through the following sec-
California,’’ 7.5 minute series; and           tions; Sections 28, 29, and 30, T.14 S./R.6
   (4) ‘‘Aetna Springs Quadrangle, Cali-       E.; Section 25, T.14 S./R.5 E.; Sections
fornia,’’ 7.5 minute series.                   30, 19, 20, and returning to 19, T.14 S./
   (c) Boundaries. The Guenoc Valley           R.6 E., to a point where the 1,400-foot
viticultural area is located within            contour line intersects with the section

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§ 9.28                                                     27 CFR Ch. I (4–1–99 Edition)

line between Sections 19 and 18, T.14 S./      as Clark Road) to the point of begin-
R.6 E.;                                        ning.
  (3) Thence in a straight line to the         [T.D. ATF–89, 46 FR 39812, Aug. 5, 1981, as
Cienega School Building along Cienega          amended by T.D. ATF–216, 50 FR 43130, Oct.
Road;                                          24, 1985]
  (4) Thence along Cienega Road to the
point of beginning.                            § 9.29 Sonoma Valley.
                                                  (a)    Name.    The      name        of  the
[T.D. ATF–106, 47 FR 24296, June 4, 1982, as
                                               viticultural area described in this sec-
amended by T.D. ATF–249, 52 FR 5956, Feb.
27, 1987]
                                               tion is ‘‘Sonoma Valley.’’
                                                  (b) Approved maps. The maps showing
§ 9.28 Santa Maria Valley.                     the boundaries of the Sonoma valley
                                               viticultural area are entitled:
  (a)    Name.    The     name    of   the        (1) ‘‘Cuttings Wharf, Calif.’’, 1949
viticultural area described in this sec-       (photorevised 1968 and photoinspected
tion is ‘‘Santa Maria Valley.’’                1973), 7.5 minute quadrangle;
  (b) Approved maps. The approved                 (2) ‘‘Petaluma Point, Calif.’’, 1959
maps for the Santa Maria Valley are            (photorevised 1968 and photoinspected
two U.S.G.S. maps entitled:                    1973), 7.5 minute quadrangle;
  (1) ‘‘Santa Maria’’, N.I. 10–6, 9, series       (3) ‘‘Sears Point, Calif.’’, 1951
V 502, scale 1: 250,000; and                   (photorevised 1968), 7.5 minute quad-
  (2) ‘‘San Luis Obispo’’, N.I. 10–3, se-      rangle;
ries V 502, scale 1: 250,000.                     (4) ‘‘Petaluma River, Calif.’’, 1954
  (c) Boundaries. The boundaries of the        (photorevised 1968 and 1973), 7.5 minute
Santa Maria Valley viticultural area           quadrangle;
                                                  (5)    ‘‘Glen   Ellen,      Calif.’’,   1954
are located in portions of Santa Bar-
                                               (photorevised 1968 and photoinspected
bara and San Luis Obispo Counties,
                                               1973), 7.5 minute quadrangle;
California, and are as follows:
                                                  (6) ‘‘Cotati, Calif.’’, 1954 (photorevised
  (1) Beginning at a point east of             1968 and 1973), 7.5 minute quadrangle;
Orcutt where Highway U.S. 101 and the             (7)    ‘‘Santa   Rosa,      Calif.’’,   1954
unnamed road (known locally as Clark           (photorevised 1968 and 1973), 7.5 minute
Road) intersects; Thence northerly             quadrangle;
along U.S. 101 to a point where it inter-         (8)      ‘‘Kenwood,        Calif.’’,    1954
sects with Highway 166;                        (photorevised 1968 and photoinspected
  (2) Thence along Highway 166 in a            1973), 7.5 minute quadrangle; and
general easterly direction to a point             (9) Appropriate Sonoma County tax
where Highway 166 intersects with the          assessor’s maps showing the Sonoma
section line at the southwest section of       County-Napa County line.
Chimney Canyon;                                   (c) Boundaries. The Sonoma Valley
  (3) Thence in a straight, southerly,         viticultural area is located within
line to the summit of Los Coches               Sonoma County, California. From the
Mountain (3016 feet);                          beginning point at the junction of
  (4) Thence in a straight, southeast-         Tolay Creek and San Pablo Bay, the
erly, line to the summit of Bone Moun-         boundary runs:
tain (2822 feet);                                 (1) Northerly along Tolay Creek to
                                               Highway 37;
  (5) Thence in a straight, south-south-
                                                  (2) Westerly along Highway 37 to its
westerly, line to the intersection of
                                               junction with Highway 121;
two unnamed roads (known locally as               (3) Northwesterly in a straight line
Alisos Canyon Road and Foxen Canyon            to the peak of Wildcat Mountain;
Road) in Foxen Canyon at the ele-                 (4) Northwesterly in a straight line
vation marker of 1116 feet;                    to Sonoma Mountain to the horizontal
  (6) Thence along the unnamed road            control station at elevation 2,271 feet;
(known locally as Foxen Canyon Road)              (5) Northwesterly in a straight line
in a northwesterly direction to the            to the peak of Taylor Mountain;
community of Sisquoc; and                         (6) Northeasterly in a straight line to
  (7) Thence in a westerly direction           the point at which Los Alamos Road
along the unnamed road (known locally          joins Highway 12;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                  § 9.30

  (7) Easterly in a straight line to the         peak of Mount Tamalpais (western
peak of Buzzard Peak;                            peak, elevation 2604 feet);
  (8) Easterly in a straight line to the           (4) Then northeast in a straight line
peak of Mount Hood;                              for approximately 5.8 miles to the con-
  (9) Easterly in a straight line to an          fluence of San Rafael Creek and San
unnamed peak located on the Sonoma               Rafael Bay in San Rafael;
County-Napa County line and identi-                (5) Then north and northeast fol-
fied as having an elevation of 2,530 feet        lowing San Rafael Bay and San Pablo
(This unnamed peak is located in the             Bay to Sonoma Creek;
northeast quarter of Section 9, Town-              (6) Then north following Sonoma
ship 7 North, Range 6 West, Mt. Diablo           Creek to the boundary between Napa
Base and Meridian);                              and Solano Counties;
  (10) Southerly along the Sonoma                  (7) Then east and north following the
County-Napa County line to the point             boundary between Napa and Solano
at which Sonoma Creek enters San                 Counties to the right-of-way of the
Pablo Bay; and                                   Southern Pacific Railroad in Jameson
  (11) Southwesterly along the shore of          Canyon;
San Pablo Bay to the beginning point.              (8) Then east following the right-of-
[T.D. ATF–96, 46 FR 59238, Dec. 4, 1981, as      way of the Southern Pacific Railroad
amended by T.D. ATF–201, 50 FR 12533, Mar.       to the junction with the Southern Pa-
29, 1985; T.D. ATF–249, 52 FR 5956, Feb. 27,     cific in Suisun City;
1987]                                              (9) Then north in a straight line for
                                                 approximately 5.5 miles to the extreme
§ 9.30 North Coast.                              southeastern corner of Napa County;
   (a)    Name.   The      name     of    the      (10) Then north following the bound-
viticultural area described in this sec-         ary between Napa and Solano Counties
tion is ‘‘North Coast.’’                         to the Monticello Dam at the eastern
   (b) Approved maps. The appropriate            end of Lake Berryessa;
maps for determining the boundaries of             (11) Then following the south and
the North Coast viticultural area are            west shore of Lake Berryessa to Putah
three U.S.G.S. maps. They are entitled:          Creek;
   (1) ‘‘San Francisco, Cal.’’, scaled             (12) Then northwest following Putah
1:250,000, edition of 1956, revised 1980;        Creek to the boundary between Napa
   (2) ‘‘Santa Rosa, Cal.’’, scaled              and Lake Counties;
1:250,000, edition of 1958, revised 1970;          (13) Then northwest in a straight line
and                                              for approximately 11.4 miles to the
   (3) ‘‘Ukiah, Cal.’’, scaled 1:250,000, edi-   peak of Brushy Sky High Mountain
tion of 1957, revised 1971.                      (elevation 3196 feet);
   (c) Boundaries. The North Coast                 (14) Then northwest in a straight line
viticultural area is located in Lake,            for approximately 5.0 miles to Bally
Marin, Mendocino, Napa, Solano, and              Peak (elevation 2288 feet);
Sonoma Counties, California. The be-               (15) Then northwest in a straight line
ginning point is found on the ‘‘Santa            for approximately 6.6 miles to the peak
Rosa, California’’ U.S.G.S. map at the           of Round Mountain;
point where the Sonoma and Marin                   (16) Then northwest in a straight line
County boundary joins the Pacific                for approximately 5.5 miles to Evans
Ocean.                                           Peak;
   (1) Then east and southeast following           (17) Then northwest in a straight line
the boundary between Marin and                   for approximately 5.0 miles to Pinnacle
Sonoma Counties to the point where               Rock Lookout;
Estero Americano/Americano Creek                   (18) Then northwest in a straight line
crosses State Highway 1 east of Valley           for approximately 8.0 miles to Youngs
Ford;                                            Peak (elevation 3683 feet);
   (2) Then southeast in a straight line           (19) Then northwest in a straight line
for approximately 22.0 miles to the              for approximately 11.2 miles to the
peak of Barnabe Mountain (elevation              peak of Pine Mountain (elevation 4057
1466 feet);                                      feet);
   (3) Then southeast in a straight line           (20) Then northwest in a straight line
for approximately 10.0 miles to the              for approximately 12.1 miles to the

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§ 9.31                                                    27 CFR Ch. I (4–1–99 Edition)

peak of Sanhedrin Mountain (elevation             (18) ‘‘San Mateo Quadrangle, Cali-
6175 feet);                                     fornia—San Mateo County’’;
  (21) Then northwest in a straight line          (19) ‘‘Santa Teresa Hills Quadrangle—
for approximately 9.4 miles to the peak         Santa Clara County’’;
of Brushy Mountain (elevation 4864                (20) ‘‘Soquel Quadrangle, California—
feet);                                          Santa Cruz County’’;
  (22) Then southwest in a straight line          (21) ‘‘Watsonville East Quadrangle,
for approximately 17.6 miles to the con-        California’’;
fluence of Redwood Creek and the Noyo             (22) ‘‘Watsonville West Quadrangle,
River;                                          California’’;
  (23) Then west following the Noyo               (23) ‘‘Woodside Quadrangle, Cali-
River to its mouth at the Pacific               fornia—San Mateo County’’; and
Ocean;
                                                  (24) One 5 × 11 minute series map enti-
  (24) Then southeast following the Pa-
                                                tled: ‘‘Santa Cruz, California.’’
cific Ocean shoreline to the point of be-
ginning.                                          (c) Boundaries. The Santa Cruz Moun-
                                                tains viticultural area is located in
[T.D. ATF–145, 48 FR 42977, Sept. 21, 1983]     portions of San Mateo, Santa Clara,
                                                and Santa Cruz Counties, California.
§ 9.31 Santa Cruz Mountains.
                                                  (1) From the beginning point where
   (a)    Name.   The    name    of   the       Highway 92 and the 400-foot contour
viticultural area described in this sec-        line intersect (Half Moon Bay Quad-
tion is ‘‘Santa Cruz Mountains.’’               rangle), the boundary line follows
   (b) Approved maps. The 24 approved           Highway 92, beginning in a southeast-
U.S.G.S. maps for determining the               erly direction, to a point where High-
boundaries are 23 7.5 minute scale and          way 92 and the 400-foot contour line
one 5 × 11 minute scale.                        intersect (San Mateo Quadrangle);
   (1) ‘‘Ano Nuevo Quadrangle, Cali-              (2) Thence along the 400-foot contour
fornia’’;                                       line, beginning in a southeasterly di-
   (2) ‘‘Big Basin Quadrangle, Cali-            rection, to a point where the 400-foot
fornia’’;                                       contour line and Canada Road intersect
   (3) ‘‘Castle Rock Ridge Quadrangle,          (Woodside Quadrangle);
California’’;                                     (3) Thence along Canada Road, begin-
   (4) ‘‘Cupertino Quadrangle, Cali-            ning in a southerly direction, to a
fornia’’;                                       point where Canada Road and Highway
   (5) ‘‘Davenport Quadrangle, Cali-            280 intersect (Woodside Quadrangle);
fornia—Santa Cruz County’’;
                                                  (4) Thence along Highway 280, begin-
   (6) ‘‘Felton Quadrangle, California—
                                                ning in a southeasterly direction, to a
Santa Cruz County’’;
                                                point where Highway 280 and 84 inter-
   (7) ‘‘Franklin Point Quadrangle, Cali-
                                                sect (Palo Alto Quadrangle);
fornia’’;
   (8) ‘‘Half Moon Bay Quadrangle, Cali-          (5) Thence along Highway 84, begin-
fornia—San Mateo County’’;                      ning in a southwesterly direction, to a
   (9) ‘‘La Honda Quadrangle, Cali-             point where Highway 84 and Mountain
fornia— San Mateo County’’;                     Home Road intersect (Woodside Quad-
   (10) ‘‘Laurel Quadrangle, California’’;      rangle);
   (11) ‘‘Loma Prieta Quadrangle, Cali-           (6) Thence along Mountain Home
fornia’’;                                       Road, beginning in a southerly direc-
   (12) ‘‘Los Gatos Quadrangle, Cali-           tion, to a point where Mountain Home
fornia’’;                                       Road and Portola Road intersect (Palo
   (13) ‘‘Mt. Madonna Quadrangle, Cali-         Alto Quadrangle);
fornia’’;                                         (7) Thence along Portola Road, begin-
   (14) ‘‘Mindego Hill Quadrangle, Cali-        ning in a westerly direction, to a point
fornia’’;                                       where Portola Road and Highway 84
   (15) ‘‘Morgan Hill Quadrangle, Cali-         intersect (Woodside Quadrangle);
fornia—Santa Clara County’’;                      (8) Thence along Highway 84, begin-
   (16) ‘‘Palo Alto Quadrangle, Cali-           ning in a southwesterly direction, to a
fornia’’;                                       point where Highway 84 and the 600-
   (17) ‘‘San Gregorio Quadrangle, Cali-        foot contour line intersect (Woodside
fornia—San Mateo County’’;                      Quadrangle);

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                      § 9.32

  (9) Thence along the 600-foot contour     contour line intersect (Watsonville
line, beginning in a northeasterly di-      East Quadrangle);
rection, to a point where the 600-foot        (21) Thence along the 400-foot con-
contour line and Regnart Road inter-        tour line, beginning in a northwesterly
sect (Cupertino Quadrangle);                direction, to a point where the 400-foot
  (10) Thence along Regnart Road, be-       contour line and the Felton Empire
ginning in a northeasterly direction, to    Road intersect (Felton Quadrangle);
a point where Regnart Road and the            (22) Thence along Felton Empire
400-foot    contour     line    intersect   Road, in an easterly direction, to a
(Cupertino Quadrangle);                     point where Felton Empire Road and
  (11) Thence along the 400-foot con-       Highway 9 intersect (Felton Quad-
tour line, beginning in a southerly di-     rangle);
rection, to a point where the 400-foot        (23) Thence along Highway 9, in a
contour line and the north section line     southerly direction, to a point where
of Section 35, T. 6 S./R. 2 W, intersect    Highway 9 and Bull Creek intersect
(Cupertino Quadrangle);                     (Felton Quadrangle);
  (12) Thence along the north section         (24) Thence along Bull Creek, begin-
line of Sections 35 and 36, in an eas-      ning in a southwesterly direction, to a
terly direction, to a point where the       point where Bull Creek and the 400-foot
section line and Highway 85 intersect       contour line intersect (Felton Quad-
(Cupertino Quadrangle);                     rangle); and
  (13) Thence along Highway 85, in a          (25) Thence along the 400-foot con-
southerly direction, to a point where       tour line, beginning in a southeasterly
Highway 85 and the southern section         direction, back to the point of begin-
line of Section 36 intersect (Cupertino     ning.
Quadrangle);                                [T.D. ATF–98, 46 FR 59240, Dec. 4, 1981]
  (14) Thence along the section line, in
a westerly direction, to a point where      § 9.32 Los Carneros.
the section line and the 600-foot con-         (a)    Name.     The   name    of    the
tour line intersect (Cupertino Quad-        viticultural area described in this sec-
rangle);                                    tion is ‘‘Los Carneros.’’
  (15) Thence along the 600-foot con-          (b) Approved maps. The approved
tour line, beginning in a southerly di-     maps for the Carneros viticultural area
rection, to a point where the 600-foot      are the following U.S.G.S. maps:
contour line and Pierce Road intersect         (1) ‘‘Sonoma Quadrangle, California,’’
(Cupertino Quadrangle);                     7.5 minute series (topographic), 1951
  (16) Thence along Pierce Road, in a       (photorevised 1968).
southerly direction, to a point where          (2) ‘‘Napa Quadrangle, California—
Pierce Road and the 800-foot contour        Napa Co.,’’ 7.5 minute series (topo-
line intersect (Cupertino Quadrangle);      graphic), 1951 (photorevised 1968 and
  (17) Thence along the 800-foot line,      1973).
beginning in a northwesterly direction,        (3) ‘‘Cuttings Wharf Quadrangle, Cali-
to a point where the 800-foot contour       fornia,’’ 7.5 minute series (topo-
line and the east section line of Section   graphic),      1949   (photorevised   1968;
25, T. 10 S./R. 2 E., intersect (Mt. Ma-    photoinspected 1973).
donna Quadrangle);                             (4) ‘‘Sears Point Quadrangle, Cali-
  (18) Thence along the east section        fornia,’’ 7.5 minute series (topo-
line, in a southerly direction, to a        graphic), 1951 (photorevised 1968).
point where this section line and the          (5)     ‘‘Petaluma      River     Quad-
800-foot contour line intersect (Mt. Ma-    rangle,California—Sonoma Co.,’’ 7.5
donna Quadrangle);                          minute       series   (topographic),   1954
  (19) Thence along the 800-foot con-       (photorevised 1980).
tour line, beginning in a southeasterly        (6) ‘‘Glen Ellen Quadrangle, Cali-
direction, to a point where the 800-foot    fornia—Sonoma Co.,’’ 7.5 minute series
contour line and Highway 152 intersect      (topographic), 1954 (photorevised 1980).
(Watsonville East Quadrangle);                 (c) Boundaries. The boundaries of the
  (20) Thence along Highway 152, in a       Carneros viticultural area are located
southwesterly direction, to a point         in Napa and Sonoma Counties, Cali-
where Highway 152 and the 400-foot          fornia, and are as follows:

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                                                                                       HOME
§ 9.33                                                27 CFR Ch. I (4–1–99 Edition)

  (1) The point of beginning is the          (17) From there due westward to the
intersection of highway 12/121 and the     Northwestern Pacific Railroad tracks.
Napa County-Sonoma County line,              (18) Then generally southward along
near the extreme southeast corner of       the Northwestern Pacific Railroad
the Sonoma Quadrangle map.                 tracks to Highway 37.
  (2) From there, following the Napa         (19) The westward along Highway 37
County-Sonoma County line generally        to its intersection with Highway 121.
northwestward for about 1.6 miles to         (20) From there northwestward in a
the summit of an unnamed hill with a       straight line to the summit of Wildcat
marked elevation of 685 ft.                Mountain (682 ft.).
  (3) From there in a straight line          (21) From there northwestward, fol-
northeastward to the summit of             lowing a straight line toward the sum-
Milliken Peak (743 ft.), located on the    mit of Sonoma Mountain (2295 ft.—on
Napa Quadrangle map.                       the Glenn Ellen Quadrangle map) till
  (4) From there due eastward to the       reaching a point due west of the inter-
400 ft. contour line.                      section of Lewis Creek with the 400-ft.
  (5) Then following that contour line     contour line. (That point is about 41⁄3
generally northwestward to Carneros        miles southeast of Sonoma Mountain.)
Creek (on the Sonoma Quadrangle              (22) From that point due eastward to
map).                                      Lewis Creek.
                                             (23) Then generally southeastward
  (6) Then following the same contour
                                           along Lewis Creek to Felder Creek.
line generally southeastward to the
                                             (24) Then generally eastward along
range line R. 5 W/R. 4 W (on the Napa
                                           Felder Creek to Leveroni Road (on the
Quadrangle map).
                                           Sonoma Quadrangle map).
  (7) Then continuing to follow the          (25) Then generally eastward along
same contour line generally northward      Leveroni Road to Napa Road.
for about one mile, till reaching a          (26) Then eastward and southeast-
point due west of the summit of an         ward along Napa Road to Highway 12/
unnamed hill having a marked ele-          121.
vation of 446 ft. (That hill is about .8     (27) Then eastward along Highway 12/
mile southwest of Browns Valley            121 to the starting point.
School.)
  (8) From that point due eastward to      [T.D. ATF–142, 48 FR 37368, Aug. 18, 1983, as
the summit of that hill.                   amended by T.D. ATF–249, 52 FR 5956, Feb.
                                           27, 1987]
  (9) From there in a straight line
northeastward across Buhman Avenue         § 9.33 Fennville.
to the summit of an unnamed hill hav-
                                              (a)    Name.   The    name   of   the
ing a marked elevation of 343 ft.
                                           viticultural area described in this sec-
  (10) From there due eastward to the
                                           tion is ‘‘Fennville.’’
Napa-Entre Napa land grant boundary.
                                              (b) Approved maps. The appropriate
  (11) Then northeastward along that       maps for determining the boundaries of
land grant boundary to Browns Valley       the Fennville Viticultural Area are
Road.                                      three U.S.G.S. maps. They are entitled:
  (12) Then eastward along Browns Val-        (1) ‘‘Fennville Quadrangle, Michigan-
ley Road to Highway 29.                    Allegan County,’’ 15 minute series;
  (13) Then southward along Highway           (2) ‘‘Bangor Quadrangle, Michigan,’’
29 to Imola Avenue.                        15 minute series; and
  (14) Then eastward along Imola Ave-         (3) ‘‘South Haven Quadrangle, Michi-
nue to the Napa River.                     gan,’’ 15 minute series.
  (15) Then generally southward along         (c)    Boundaries.    The   Fennville
the west bank of the Napa River to the     viticultural area is primarily located
Southern Pacific Railroad tracks           in the southwestern portion of Allegan
  (16) Then generally westward and         County, Michigan, with a small finger
northwestward along the Southern Pa-       extending into the northwest corner of
cific Railroad tracks to their intersec-   Van Buren County, Michigan.
tion with the township line T. 5 N./T. 4      (1) The western boundary is the east-
N. (on the Sears Point Quadrangle          ern shore of Lake Michigan, extending
map).                                      from the Black River, at the City of

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                    § 9.35

South Haven, north to the Kalamazoo              (8) Then due west one mile to the
River.                                         southern boundary of Schuyler County.
  (2) The northern boundary is the               (9) Then continuing west along this
Kalamazoo River, extending easterly            county line 20 miles to the community
from Lake Michigan to 86°5′ west lon-          of Meads Creek.
gitude.                                          (10) Then north along the Schuyler-
  (3) The eastern boundary is the 86°5′        Steuben county line four miles to the
west longitude meridian, extending             major east-west power line.
from the Kalamazoo River to the inter-           (11) Then west along the power line
section of the Middle Fork of the Black        for eight miles to the intersection of
River.                                         NY–17 (four miles southeast of the
  (4) The southern boundary is the Mid-        community of Bath).
dle Fork of the Black River extending            (12) Then northwest on NY–17 ap-
westerly from 86°5′ west longitude until       proximately nine miles to the intersec-
it joins the Black River, continuing           tion of I–390.
west along the Black River to the east-          (13) Then northwest on I–390 for 21
ern shore of Lake Michigan.                    miles to the intersection of NY–36.
                                                 (14) Then north for two miles through
[T.D. ATF–91, 46 FR 46320, Sept. 18, 1981]     the community of Dansville to NY–63.
                                                 (15) Then northwest on NY–63 ap-
§ 9.34 Finger Lakes.
                                               proximately 18 miles to the intersec-
  (a)    Name.    The   name    of   the       tion of NY–39, just south of Genesco.
viticultural area described in this sec-         (16) Then north on NY–39 nine miles
tion is ‘‘Finger Lakes.’’                      to the intersection where the west and
  (b) Approved maps. The appropriate           north/south Conrail lines meet at the
maps for determining the boundaries of         community of Avon.
the Finger Lakes viticultural area are           (17) Then north along the north/south
two U.S.G.S. maps scaled 1:250,000.            Conrail line for 15 miles to the begin-
They are entitled:                             ning point at the intersection of the
  (1) ‘‘Rochester,’’ Location diagram          Erie Canal.
NK 18–1, 1961; and                             [T.D. ATF–113, 47 FR 38518, Sept. 1, 1982, as
  (2) ‘‘Elmira,’’ Location diagram NK          amended by T.D. ATF–249, 52 FR 5956, Feb.
18–4, 1968.                                    27, 1987]
  (c) Boundaries. The boundaries of the
Finger Lakes viticultural area, based          § 9.35 Edna Valley.
on landmarks and points of reference              (a)   Name.   The     name    of  the
found on the approved maps, are as fol-        viticultural area described in this sec-
lows:                                          tion is ‘‘Edna Valley.’’
  (1) Starting at the most northwest              (b) Approved maps. The appropriate
point, the intersection of the Erie            maps for determining the boundaries of
Canal and the north/south Conrail line         the Edna Valley viticultural area for
south of the City of Rochester.                four U.S.G.S. maps, They are titled:
  (2) Then east along the course of the           (1) ‘‘San Luis Obispo Quadrangle,
Erie Canal approximately 56 miles (45          California—San Luis Obispo Co.,’’ 7.5
miles due east) to the intersection of         minute series;
New York State Highway 89 (NY–89).                (2) ‘‘Lopez Mtn, Quadrangle, Cali-
  (3) Then south on NY–89 four miles to        fornia—San Luis Obispo Co.,’’ 7.5
the intersection of highway US–20.             minute series;
  (4) Then east on US–20 for 36 miles to          (3) ‘‘Pismo Beach Quadrangle, Cali-
the intersection of interstate 81 (I–81).      fornia—San Luis Obispo Co.,’’ 7.5
  (5) Then south along I–81 for ten            minute series; and
miles to NY–281.                                  (4) ‘‘Arroyo Grande NE Quadrangle,
  (6) Then south along NY–281 for 20           California—San Luis Obispo Co.’’, 7.5
miles around the western city limits of        minute series.
Cortland where NY–281 becomes NY–13.              (c) Boundaries. The Edna Valley
  (7) Then continuing southwest on             viticultural area is located in San Luis
NY–13 (through the cities of Dryden            Obispo County, California. The begin-
and Ithaca) approximately 36 miles to          ning point is Cuesta Canyon County
the intersection of NY–224.                    Park, located on U.S.G.S. map ‘‘San

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§ 9.36                                                   27 CFR Ch. I (4–1–99 Edition)

Luis Obispo Quadrangle’’ at the north          tion of the section line and the ridge
end of Section 25, Township 30 South,          line (highest elevation line) between
Range 12 East.                                 the McDowell Creek Valley and the
  (1) From the beginning point, the            Dooley Creek Valley.
boundary runs southwesterly along San            (3) Then southeasterly along the
Luis Obispo Creek to a point .7 mile           ridge line (highest elevation line) to
southerly of the confluence with Dav-          the intersection of the ridge line and
enport Creek;                                  the 1000-foot contour line in Section 27.
  (2) Thence due east to the intersec-           (4) Then southeasterly and on the
tion with the 400-foot contour line of         McDowell Creek Valley side of the
the northeastern flank of the San Luis         ridge along the 1000-foot contour line
Range;                                         to the intersection of the 1000-foot con-
  (3) Thence in a generally easterly and       tour line and the south section line of
then a southeasterly direction along           Section 27.
this 400-foot contour line of the north-         (5) Then easterly along the section
eastern flank of the San Luis Range,           line between Sections 27 and 34 and be-
which forms the southwestern rim of            tween Sections 26 and 35 to the inter-
Edna Valley, to the township line iden-        section of the section line and the cen-
tified as ‘‘T31S/T32S’’ on the U.S.G.S.        terline of Younce Road.
map;                                             (6) Then southeasterly and then
  (4) Thence east along township line          northeasterly along Younce Road to
‘‘T31S/T32S’’, across Price Canyon to          the intersection of Younce Road and
Tiber;                                         the section line between Sections 26
  (5) Thence in a generally easterly di-       and 35.
rection along the 400-foot contour line          (7) Then due north from the section
of Tiber Canyon and the southern rim           line, across Coleman Creek approxi-
of Canada Verde, crossing Corbit Can-          mately 1250 feet, to the 1000-foot con-
yon Road and continuing along the 400-         tour line.
foot contour line to longitude line              (8) Then westerly and then mean-
120°32′30″;                                    dering generally to the north and east
  (6) Thence north along longitude line        along the 1000-foot contour line to the
120°32′30″ to the 600-foot contour line of     intersection of the 1000-foot contour
the southwestern flank of the Santa            line and section line between Sections
Lucia Mountain Range;                          26 and 25.
  (7) Thence in a generally northwest-           (9) Then continuing along the 1000-
erly direction along the 600-foot con-         foot countour line easterly and then
tour line of the southwestern flank of         northwesterly in Section 25 to the
the Santa Lucia Range to Cuesta Can-           intersection of the 1000-foot contour
yon County Park, the beginning point.          line and the section line between Sec-
[T.D. ATF–101, 47 FR 20299, May 12, 1982, as   tions 26 and 25.
amended by T.D. ATF–249, 52 FR 5956, Feb.        (10) Then northerly along the 1000-
27, 1987]                                      foot contour line to the intersection of
                                               the 1000-foot contour line and the sec-
§ 9.36 McDowell Valley.                        tion line between Sections 23 and 24.
   (a)   Name.   The    name    of   the         (11) Then northerly along the section
viticultural area described in this sec-       line across State Highway 175 approxi-
tion is ‘‘McDowell Valley.’’                   mately 1000 feet to the intersection of
   (b) Approved maps. The appropriate          the section line and the 1000-foot con-
map for determining the boundaries of          tour line.
the McDowell Valley viticultural area            (12) Then generally to the northwest
is a USGS map. That map is titled:             along the 1000-foot contour line
‘‘Hopland Quadrangle California’’ 7.5          through Sections 23 and 14 and into
minute series.                                 Section 15 to the intersection of the
   (c) Boundaries. (1) Beginning at the        1000-foot contour line and the flowline
northwest corner of Section 22 T13N            of an unnamed creek near the north-
R11W.                                          east corner of Section 15.
   (2) Then southerly along the section          (13) Then southwesterly and down
line between Sections 22 and 21 ap-            stream along the flowline of said
proximately 1700 feet to the intersec-         unnamed creek and across Section 15,

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.38

to the stream’s intersection with the         corner of Section 21 of Township 8
section line between Sections 15 and 16.      North Range 11 East.
  (14) Then southerly along the section         (8) The boundary then proceeds east,
approximately 100 feet to the north-          then north, then west along the bound-
west corner of Section 22 and to the          ary of the western half of Section 22 of
point of beginning.                           Township 8 North Range 11 East to the
[T.D. ATF–97, 46 FR 59243, Dec. 4, 1981, as
                                              intersection of Sections 16, 15, 21, and
amended by T.D. ATF–249, 52 FR 5956, Feb.     22.
27, 1987]                                       (9) Then proceeding north along the
                                              boundary line between Sections 16 and
§ 9.37 California Shenandoah Valley.          15 of Township 8 North Range 11 East
  (a)   Name.    The   name      of    the    and continues north along the bound-
viticultural area described in this sec-      ary of Sections 9 and 10 of Township 8
tion is ‘‘Shenandoah Valley’’ qualified       North Range 11 East to the intersec-
by the word ‘‘California’’ in direct con-     tion of Sections 9, 10, 3, and 4 of Town-
junction with the name ‘‘Shenandoah           ship 8 North Range 11 East.
Valley.’’                                       (10) Then proceeding west along the
  (b) Approved maps. The appropriate          boundary of Sections 9 and 4.
maps for determining the boundaries of          (11) Then continuing west along the
the California Shenandoah Valley              boundary of Sections 5 and 8 of Town-
viticultural area are two 1962 U.S.G.S.       ship 8 North Range 11 East to the
maps.     The     maps     are      titled:   Consumnes River.
‘‘Fiddletown Quadrangle California’’ 7.5        (12) Then the boundary proceeds west
minute series and ‘‘Amador City Quad-         along the Consumnes River to the
rangle California-Amador Co.’’ 7.5            point of the beginning.
minute series.
                                              [T.D. ATF–121, 47 FR 57696, Dec. 28, 1982, as
  (c) Boundaries. The Shenandoah Val-         amended by T.D. ATF–249, 52 FR 5957, Feb.
ley viticultural Area is located in por-      27, 1987]
tions of Amador and El Dorado Coun-
ties of California. The boundaries are        § 9.38   Cienega Valley.
as follows:
                                                (a)    Name.    The    name      of   the
  (1) Beginning at the point where the
Consumnes River meets Big Indian              viticultural area described in this sec-
Creek.                                        tion is ‘‘Cienega Valley.’’
  (2) Then south, following Big Indian          (b) Approved maps. The appropriate
Creek, until Big Indian Creek meets           maps for determining the boundaries of
the boundary between Sections 1 and 2         the Cienega Valley viticultural area
of Township 7 North Range 10 East.            are four U.S.G.S. maps. They are ti-
  (3) Then following this boundary            tled:
south until it meets the Oleta                  (1) ‘‘Hollister Quadrangle, Cali-
(Fiddletown) Road.                            fornia,’’ 7.5 minute series (1971);
  (4) Then following the Oleta Road             (2) ‘‘Tres Pinos Quadrangle, Cali-
east until it meets the boundary be-          fornia,’’ 7.5 minute series (1971);
tween Sections 6 and 5 of Township 7            (3) ‘‘Mt. Harlan Quadrangle, Cali-
North Range 11 East.                          fornia,’’ 7.5 minute series (1968); and
  (5) Then following that boundary              (4)   ‘‘Paicines   Quadrangle,      Cali-
north into Township 8 North Range 11          fornia,’’ 7.5 minute series (1968).
East, and continues north on the                (c) Boundaries. The Cienega Valley
boundary between Sections 31 and 32           viticultural area is located in San Be-
until this boundary meets Big Indian          nito County, California. The beginning
Creek.                                        point is the Gaging Station, located on
  (6) Then following Big Indian Creek         U.S.G.S. map ‘‘Paicines Quadrangle’’ in
in a northeasterly direction until Big        the southeast portion of Section 21,
Indian Creek meets the boundary be-           Township 14 South, Range 6 East.
tween Sections 28 and 27 of Township 8          (1) From the beginning point, the
North Range 11 East.                          boundary follows the Pescadero Creek
  (7) Then following this boundary            Bed in a southeasterly direction about
north until it reaches the southeast          100 feet to the unimproved road and

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§ 9.39                                                 27 CFR Ch. I (4–1–99 Edition)

continues southwesterly on the unim-         (8) Thence continuing in a straight
proved road .5 mile to where it inter-     diagonal line to the southeast corner of
sects with the south border of Town-       Township 14 South, Range 6 East, Sec-
ship 14 South, Range 6 East, Section 21;   tion 7; thence from the southeast cor-
  (2) Thence in a straight line to the     ner of Section 7 .25 mile west to where
southwest portion of Section 28, Town-     it intersects with an unimproved road;
ship 14 South, Range 6 East, where the       (9) Thence following this unimproved
1400-foot contour line intersects the      road in a southeasterly direction to the
south border of Section 28;                Gaging Station, the point of beginning.
  (3) Thence following the 1400-foot
                                           [T.D. ATF–109, 47 FR 36126, Aug. 19, 1982]
contour line through the following sec-
tions; Sections 28, 29, and 30, Township   § 9.39   Paicines.
14 South, Range 6 East; Section 25,
Township 14 South, Range 5 East; Sec-        (a)    Name.    The    name      of   the
tions 30, 19, 20, and returning to 19,     viticultural area described in this sec-
Township 14 South, Range 6 East, to a      tion is ‘‘Paicines.’’
point where the 1400-foot contour line       (b) Approved maps. The appropriate
intersects with the section line be-       maps for determining the boundaries of
tween Sections 19 and 18, Township 14      the Paicines viticultural area are the
South, Range 6 East;                       three U.S.G.S. maps. They are titled:
  (4) Thence in a straight line due          (1) ‘‘Tres Pinos Quadrangle, Cali-
north to the intersection with the 1200-   fornia,’’ 7.5 minute series (1971);
foot contour line in Section 18, Town-       (2)   ‘‘Paicines    Quadrangle,     Cali-
ship 14 South, Range 6 East;               fornia,’’ 7.5 minute series (1968); and
  (5) Thence following the 1200-foot         (3) ‘‘Cherry Peak Quadrangle, Cali-
contour line in a generally northwest-     fornia,’’ 7.5 minute series (1968).
erly direction to where it intersects        (c)     Boundaries.    The      Paicines
with the north boundary of Township        viticultural area is located in San Be-
14 South, Range 5 East, Section 10;        nito County, California. The beginning
then following this boundary line in a     point is the northwestern-most point of
northwesterly direction to where this      the proposed area at Township 14
boundary intersects with the 1600-foot     South, Range 6 East, Section 3, north-
contour line; thence following the 1600-   west corner, located on U.S.G.S. map
foot contour line in a generally north-    ‘‘Tres Pinos Quadrangle.’’
erly direction to where it intersects        (1) From the beginning point the
with the unimproved road;                  boundary runs east along the north
  (6) Thence looping southward along       border of Sections 3, 2, and 1, Township
the unimproved road and continuing on      14 South, Range 6 East;
in an easterly direction past the des-       (2) Thence south along the east bor-
ignated ‘‘Spring’’ and then in a north-    der of Section 1, Township 14 South,
easterly direction parallel with the       Range 6 East; thence east along the
Gulch to the Vineyard School on            north border of Section 7, Township 14
Cienega Road; thence in a southeast-       South, Range 7 East; thence south
erly direction on Cienega Road .4 mile     along the east border of Section 7,
to where the unimproved road inter-        Township 14 South, Range 7 East;
sects; thence traveling north and fol-       (3) Thence continuing south along
lowing the unimproved road in a north-     the east border of Section 18, Township
westerly direction about 5. mile; then     14 South, Range 7 East; thence east
looping in an easterly direction .75       along the north border of Section 20,
mile to the intersection of the unim-      Township 14 South, Range 7 East;
proved road and branching in a south-      thence south along the east border of
easterly direction;                        Sections 20, 29 and 32, Township 14
  (7) Thence crossing Township 13          South, Range 7 East;
South to Township 14 South and fol-          (4) Thence continuing south along
lowing the unimproved road to the          the east border of Section 5, Township
intersection of the western border of      15 South, Range 7 East; thence south
Township 14 South, Range 6 East, Sec-      along the east border of Sections 8 and
tion 6; thence south to the northwest      17, Township 15 South, Range 7 East to
corner of Section 7;                       latitude line 36°37′30″;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                      § 9.41

  (5) Thence west along latitude line            (3) ‘‘Traverse City Quadrangle, Michi-
36°37′30″ to the west border of Section        gan,’’ 15 minute series; and
18, Township 15 South, Range 7 East;             (4) ‘‘Northport Quadrangle, Michi-
  (6) Thence north along the west bor-         gan,’’ 15 minute series.
der of Sections 18 and 7, Township 15            (c) Boundaries. The Leelanau Penin-
South, Range 7 East; thence west along         sula viticultural area encompasses all
the south border of Section 1, Town-           of Leelanau County, Michigan, exclud-
ship 15 South, Range 6 East; thence            ing the offshore islands.
north along the west border of Section         [T.D. ATF–99, 47 FR 13329, Mar. 30, 1982]
1, Township 15 South, Range 6 East to
the 800-foot elevation contour line and        § 9.41 Lancaster Valley.
then in a generally northwest direction           (a)   Name.    The    name    of   the
along this 800-foot contour line to            viticultural area described in this sec-
where it intersects with the south bor-        tion is ‘‘Lancaster Valley.’’
der of Section 35, Township 14 South,             (b) Approved maps. The appropriate
Range 6 East;                                  maps for determining the boundaries of
  (7) Thence west along the south bor-         the Lancaster Valley viticultural area
der of Section 35, Township 14 South,          are two U.S.G.S. maps. They are enti-
Range 6 East; thence north along the           tled:
east border of Section 34, Township 14            (1) ‘‘Lancaster County, Pennsyl-
South, Range 6 East; thence in a north-        vania’’, scaled 1:50,000, edition of 1977;
west direction along the northeast bor-        and
der of Section 34, Township 14 South,             (2) ‘‘Honey Brook Quadrangle’’, 7.5
Range 6 East; thence continuing in a           minute      series,  edition    of   1955,
northwest direction along the east bor-        photorevised 1969 and 1974.
der of Section 27, Township 14 South,             (c) Boundaries. The Lancaster Valley
Range 6 East;                                  viticultural area is located in Lan-
  (8) Thence continuing in a northwest         caster County and Chester County,
direction to the northeast border of           Pennsylvania. The beginning point is
Section 22, Township 14 South, Range 6         where Pennsylvania Highway 23 crosses
East to where an unnamed, unimproved           the Lancaster and Berks County
dirt road intersects the northeast bor-        boundary.
der; thence east and then northwest               (1) Then in a southeasterly direction
along the unimproved dirt road to the          following the Lancaster County bound-
intersection with the San Benito River;        ary for approximately 0.9 mile to the
thence following the San Benito River          500 foot contour line immediately
and meandering north to the intersec-          south of the Conestoga River.
tion with the east border of Section 4,           (2) Then following the 500 foot con-
Township 14 South, Range 6 East;               tour in a southwesterly direction to
  (9) Thence continuing north along            the Caernarvon-East Earl Township
the east border of Section 4, Township         boundary.
14 South, Range 6 East to the point of            (3) Then south approximately 0.1 mile
beginning.                                     following the Caernarvon-East Earl
                                               Township boundary to U.S. Highway
[T.D. ATF–108, 47 FR 35481, Aug. 16, 1982]
                                               322.
§ 9.40 Leelanau Peninsula.                        (4) Then west following U.S. Highway
                                               322 for approximately 1.7 miles to the
  (a)    Name.   The     name   of   the       electric transmission line between
viticultural area described in this sec-       Fetterville and Cedar Grove School.
tion is ‘‘Leelanau Peninsula.’’                   (5) Then southwest in a straight line
  (b) Approved maps. The appropriate           for approximately 5.2 miles to the
maps for determining the boundaries of         intersection of Earl, Upper Leacock,
the Leelanau Peninsula viticultural            and Leacock Townships at the Mill
area are four U.S.G.S. maps. They are          Creek.
entitled:                                         (6) Then southeast following the
  (1) ‘‘Empire Quadrangle, Michigan,’’         boundary between Earl Township and
15 minute series;                              Leacock Township to the point where
  (2) ‘‘Maple City Quadrangle, Michi-          Earl, East Earl, Salisbury, and Lea-
gan,’’ 15 minute series;                       cock Townships intersect.

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§ 9.41                                                 27 CFR Ch. I (4–1–99 Edition)

  (7) Then east in a straight line for ap-     (23) Then east following Pennsyl-
proximately 4.8 miles to the point           vania Highway 23 for approximately 0.5
where the 500 foot contour line inter-       mile to the 400 foot contour line.
sects Pequea Creek northwest of Mt.            (24) Then following the 400 foot con-
Pleasant School.                             tour line north around Chestnut Ridge,
  (8) Then following the 500 foot con-       past Millers Run and continuing until
tour line past Cole Hill through the         the 400 foot contour line intersects an
town of Gap and along Mine Ridge to          unnamed stream.
the 76°07′30″ west longitude line in Par-      (25) Then due south in a straight line
adise Township.                              for approximately 0.8 mile to Pennsyl-
  (9) Then southwest in a straight line      vania Highway 23.
for approximately 7.7 miles to the             (26) Then west following Pennsyl-
Boehm Church south of Willow Street.         vania Highway 23 to the intersection
  (10) The northwest in a straight line      with Pennsylvania Highway 441 at
for approximately 1.2 miles to the           Marietta.
township school in West Willow.                (27) Then west following Pennsyl-
  (11) Then west in a straight line for      vania Highway 441 to Pennsylvania
4.2 miles to the confluence of Stehman       Highway 241 near Bainbridge.
Run and the Conestoga River.                   (28) Then northwest in a straight line
  (12) Then northwest in a straight line     for approximately 5.5 miles to the
for approximately 0.5 mile to the con-       point where the Consolidated Railroad
fluence of Indian Run and Little Con-        Corporation crosses the West Donegal-
estoga Creek.                                Mount Joy Township boundary in
  (13) Then west following Indian Run        Rheems.
for approximately 3.6 miles to the             (29) Then east in a straight line for
source of the more northerly branch.         approximately 3.3 miles to the Mt.
  (14) Then northwest in a straight line     Pleasant Church.
for approximately 0.25 mile to the             (30) Then east in a straight line for
source of Wisslers Run.                      approximately     3.8   miles   to   the
  (15) Then west following Wisslers Run      Erismans Church.
downstream for approximately 0.7 mile          (31) Then east in a straight line for
to the 300 foot contour line.                approximately 3.3 miles to the point
  (16) Then north following the 300 foot     where the 400 foot contour line crosses
contour line to its intersection with        Pennsylvania Highway 72 south of Val-
Pennsylvania Highway 999 in Wash-            ley View.
ington Boro.                                   (32) Then following the 400 foot con-
  (17) Then east following Pennsyl-          tour line east to Pennsylvania High-
vania Highway 999 to the school in Cen-      way 501.
tral Manor.                                    (33) Then east in a straight line for
  (18) Then northeast in a straight line     approximately 2.9 miles to the Union
for approximately 2.7 miles to the           Meetinghouse.
point where the West Branch of the             (34) Then southeast in a straight line
Little Conestoga Creek intersects with       for approximately 1.0 miles to the
Pennsylvania Highway 462.                    point where Pennsylvania Highway 272
  (19) Then west following Pennsyl-          (indicated as U.S. Highway 222 on the
vania Highway 462 for approximately          map) crosses Cocalico Creek (which
1.5 miles to Strickler Run.                  forms the boundary between West Earl
  (20) Then following Strickler Run          and Warwick Townships).
southwest to the Columbia municipal            (35) Then northwest following the
boundary.                                    West Earl Township boundary to its
  (21) Then north following the eastern      intersection with U.S. Highway 322
boundary of Columbia to Shawnee Run.         southeast of Ephrata.
  (22) Then northeast in a straight line       (36) Then east in a straight line for
for approximately 5.8 miles to the           approximately 3.4 miles to the Lincoln
intersection of Pennsylvania Highway         Independence School.
23 and Running Pump Road [unnamed              (37) Then southeast in a straight line
on map] at elevation check point 436         for approximately 1.7 miles to the West
near Centerville.                            Terre Hill School.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.44

  (38) Then east in a straight line for          (2) Then follow State Route No. 779
approximately 8.5 miles to the begin-          south and east to the Blue Ridge Park-
ning point.                                    way.
                                                 (3) Then south on the parkway to its
[T.D. ATF–102, 47 FR 20301, May 12, 1982]
                                               first intersection with State Route No.
                                               758.
§ 9.42 Cole Ranch.
                                                 (4) Then follow State Route No. 758
  (a)    Name.   The    name    of   the       east to the intersection of State Route
viticultural area described in this sec-       No. 726 at the southern boundary of the
tion is ‘‘Cole Ranch.’’                        Rocky Knob Recreation Area.
  (b) Approved map. The approved map             (5) Then follow the boundary of the
for the Cole Ranch viticultural area is        Rocky Knob Recreation Area south
the U.S.G.S. map entitled ‘‘Elledge            then in a northeastern direction to
Peak        Quadrangle      California—        where the boundary first intersects
Mendocino County,’’ 7.5 minute series          State Route No. 8.
(topographic), 1958.                             (6) Then from that point at State
  (c) Boundaries. The boundaries of the        Route No. 8, proceed northeast in a
Cole Ranch viticultural area are lo-           straight line to State Route No. 719 and
cated in Mendocino County California           Widgeon Creek at a point about 0.7 of a
and are as follows:                            mile west of the intersection of State
  (1) The point of beginning is the            Route Nos. 719 and 710.
                                                 (7) Then proceed northwest in a
intersection of the 1480-foot-elevation
                                               straight line to the intersection with
contour line with the Boonville-Ukiah
                                               State Route No. 710 and the Blue Ridge
Cutoff Road near the southest coner of
                                               Parkway.
section 13;                                      (8) Then follow the Parkway south-
  (2) The Boundary follows the 1480-           west to the intersection with State
foot-elevation contour line southerly,         Route No. 726.
then easterly, within section 24, then           (9) Then turn right on State Route
easterly and northwesterly within sec-         No. 726 and proceed 0.6 of a mile to a
tion 19 to its first intersection with         roadway at the 3308 elevation point on
this section line. The boundary pro-           the map.
ceeds due west on the north section              (10) Then from that point, proceed
line of section 19 until it intersects         west in a straight line back to the
with the Boonville-Ukiah Cutoff Road;          starting point at Connors Grove.
  (3) The boundary follows this road
                                               [T.D. ATF–124, 48 FR 1293, Jan. 12, 1983, as
northwesterly to the point of begin-           amended by T.D. ATF–249, 52 FR 5957, Feb.
ning.                                          27, 1987]
[T.D. ATF–130, 48 FR 16248, Apr. 15, 1983]
                                               § 9.44 Solano County Green Valley.
§ 9.43 Rocky Knob.                                (a)   Name.    The    name      of   the
                                               viticultural area described in this sec-
  (a)    Name.    The   name     of  the
                                               tion is ‘‘Green Valley’’ qualified by the
viticultural area described in this sec-
                                               words ‘‘Solano County’’ in direct con-
tion is ‘‘Rocky Knob.’’
                                               junction with the name ‘‘Green Val-
  (b) Approved maps. The appropriate           ley.’’ On a label the words ‘‘Solano
maps for determining the boundaries of         County’’ may be reduced in type size to
the Rocky Knob viticultural area are           the minimum allowed in 27 CFR 4.38(b).
two 1968 U.S.G.S. maps. The maps are              (b) Approved maps. The appropriate
entitled: ‘‘Willis Quadrangle Virginia’’       maps for determining the boundaries of
7.5 minute series and ‘‘Woolwine Quad-         the Green Valley viticultural area are
rangle Virginia’’ 7.5 minute series.           two U.S.G.S. maps. They are titled:
  (c) Boundaries. The Rocky Knob                  (1) ‘‘Mt. George Quadrangle, Cali-
viticultural area is located in Floyd          fornia’’, 7.5 minute series (1968); and
and Patrick Counties in southern Vir-             (2)   ‘‘Cordelia  Quadrangle,      Cali-
ginia. The boundaries are as follows:          fornia’’, 7.5 minute series (1968).
  (1) The beginning point is the inter-           (c) Boundaries. The Green Valley
section of Virginia State Route Nos.           viticultural area is located in Solano
776 and 779 at Connors Grove.                  County, California. The beginning

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§ 9.45                                                     27 CFR Ch. I (4–1–99 Edition)

point is the intersection of the town-         (BM) 19 located in the town of Fair-
ship line identified as T6N/T5N with           field;
the westernmost point of the Solano              (3) Thence in a straight line due
County/Napa County line on the north           north to Soda Springs Creek;
border of Section 4, located on U.S.G.S.         (4) Thence in a straight line in a
map ‘‘Mt. George Quadrangle.’’                 northwest direction to the extreme
  (1) From the beginning point, the            southeast corner of Napa County lo-
boundary runs in a southerly direction         cated just south of Section 34, Town-
along the Napa/Solano County border            ship 6 North, Range 2 West;
to State Road 12;                                (5) Thence due west along the Napa/
  (2) Thence east along State Road 12          Solano County border to where it
to where it intersects with Interstate         intersects with range line ‘‘R3W/R2W’’;
80;                                              (6) Thence due south along range line
  (3) Thence southwest on Interstate 80        ‘‘R3W/R2W’’ to the point of beginning.
to where it intersects with the South-         [T.D. ATF–117, 47 FR 52997, Nov, 24, 1982]
ern Pacific Railroad track;
  (4) Thence in an easterly direction          § 9.46 Livermore Valley.
along the Southern Pacific Railroad
                                                  (a)    Name.   The    name      of   the
track to where it intersects with range
                                               viticultural area described in this sec-
line ‘‘R3W/R2W’’;
                                               tion is ‘‘Livermore Valley.’’
  (5) Thence due north on range line
                                                  (b) Approved maps. The appropriate
‘‘R3W/R2W’’ to where it intersects with
                                               maps for determining the boundaries of
the Solano County/Napa County line;
                                               the Livermore Valley viticultural area
  (6) Thence due west along the Solano
                                               are seven U.S.G.S. maps. They are ti-
County/Napa County line to the point
                                               tled.
of beginning.
                                                  (1) ‘‘Dublin Quadrangle, California,’’
[T.D. ATF–122, 47 FR 37922, Dec. 29, 1982]     7.5 minute series (1980);
                                                  (2) ‘‘Livermore Quadrangle, Cali-
§ 9.45 Suisun Valley.                          fornia,’’ 7.5 minute series (1973);
   (a)    Name.    The    name     of  the        (3) ‘‘La Costa Valley Quadrangle,
viticultural area described in this sec-       California—Alameda Co.,’’ 7.5 minute
tion is ‘‘Suisun Valley.’’                     series (1968);
   (b) Approved maps. The appropriate             (4) ‘‘Mendenhall Springs Quadrangle,
maps for determining the boundaries of         California—Alameda Co.,’’ 7.5 minute
the Suisun Valley viticultural area are        series (1971);
four U.S.G.S. maps. They are titled:              (5) ‘‘Altamont Quadrangle, Cali-
   (1) ‘‘Mt. George Quadrangle, Cali-          fornia—Alameda Co.,’’ 7.5 minute series
fornia’’, 7.5 minute series (1968);            (1968);
   (2) ‘‘Fairfield North Quadrangle, Cali-        (6) ‘‘Byron Hot Springs Quadrangle,
fornia’’, 7.5 minute series (1973);            California,’’ 7.5 minute series (1968);
   (3) ‘‘Fairfield South Quadrangle,              (7) ‘‘Tassajara Quadrangle, Cali-
California’’, 7.5 minute series (1968);        fornia,’’ 7.5 minute series (1968);
and                                               (c) Boundaries. The Livermore Valley
   (4)    ‘‘Cordelia   Quadrangle,    Cali-    viticultural area is located in Alameda
fornia’’, 7.5 minute series (1968).            County, California. The beginning
   (c) Boundaries. The Suisun Valley           point is Bench Mark (BM) 425 located
viticultural area is located in Solano         along the Alameda County/Contra
County, California. The beginning              Costa County line in the top portion of
point is the intersection of the South-        U.S.G.S. map ‘‘Dublin Quadrangle.’’
ern Pacific Railroad track with range             (1) From the beginning point, the
line ‘‘R3W/R2W’’ in the town of                boundary runs in a southeasterly direc-
Cordelia, located on U.S.G.S. map              tion along an unnamed road which
‘‘Cordelia Quadrangle.’’                       crosses Interstate 580 and turns into
   (1) From the beginning point, the           Foothill Road;
boundary runs northeast in a straight             (2) Thence continuing along Foothill
line to the intersection of Ledgewood          Road in a southeasterly direction to
Creek with township line ‘‘T5N/T4N’’;          the intersection of Castlewood Drive
   (2) Thence in a straight line in a          which is located directly east of the
northeast direction to Bench Mark              Castlewood Country Club;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                § 9.47

  (3) Thence east on Castlewood Drive            (c) Boundary. The Hudson River Re-
to Bench Mark (BM) 333;                        gion viticultural area is located in New
  (4) Thence in a straight line in a           York State. The boundary is as follows:
southeasterly direction to VABM Vern             (1) The beginning point is the point
(1264) located on U.S.G.S. map ‘‘Liver-        where N.Y. Route 15 (Merritt Parkway)
more Quadrangle’’;                             crosses the New York-Connecticut
  (5) Thence continuing in a southeast-        state line.
erly direction in a straight line to             (2) The boundary proceeds northerly
Bench Mark (BM) 580, located in the            along the New York-Connecticut state
northeast corner of U.S.G.S. map ‘‘La          line and the New York-Massachusetts
Costa Valley Quadrangle’’;                     state line to the northeast corner of
  (6) Thence in a straight line in a           Columbia County, New York.
southeasterly direction to the north-            (3) The boundary proceeds westerly
east corner of Section 15, located in the      along the Columbia County-Rensselaer
northwest portion of U.S.G.S. map              County line to the Columbia County-
‘‘Mendenhall Springs Quadrangle’’;             Greene County line in the Hudson
  (7) Thence south to the southeast            River.
corner of Section 15, then east on the           (4) The boundary proceeds southerly
south border of Section 14, then south         along the Columbia County-Greene
along the west boundary of Section 24;         County line in the Hudson River to the
  (8) Thence east on the south border of       northeast corner of Ulster County.
Sections 24 and 19 to the southwest cor-         (5) The boundary proceeds westerly
ner of Section 20;                             along the Ulster County-Greene Coun-
  (9) Thence north along the east              ty line to N.Y. Route 214.
boundaries of Sections 19, 18, 7, 6, 31, 30,     (6) The boundary proceeds southerly
19, 18, 7, 6, 31, 30, 19 and 18 located on     along the eastern side of N.Y. Route 214
U.S.G.S. maps ‘‘Mendenhall Springs             to the junction with N.Y. Route 28 in
Quadrangle,’’ ‘‘Altamont Quadrangle,’’         Phoenicia.
and ‘‘Byron Hot Springs Quadrangle’’;            (7) The boundary proceeds southerly
  (10) Thence west along the northern          along the eastern side of N.Y. Route 28
boundaries of Sections 18, 13, 14, 15, and     to the junction with N.Y. Route 28A.
16 to where the northern boundary line           (8) The boundary proceeds southerly
of Section 16 intersects with the Ala-         along the eastern side of N.Y. Route
meda County/Contra Costa County                28A to the intersection with the sec-
line, located in the southeast corner of       ondary, hard surface, southbound road
U.S.G.S. map ‘‘Tassajara Quadrangle’’;         leading toward Samsonville.
  (11) Thence in a southwesterly direc-          (9) The boundary proceeds southerly
tion along the Alameda County/Contra           along the eastern side of this south-
Costa County line to the point of be-          bound road through Samsonville, Ta-
ginning.                                       basco, Mombaccus, Fantinekill, and
[T.D. ATF–112, 47 FR 38520, Sept. 1, 1982]     Pataukunk to the junction with U.S.
                                               Route 209.
§ 9.47 Hudson River Region.                      (10) The boundary proceeds southerly
  (a)    Name.    The   name     of   the      along the eastern side of U.S. Route 209
viticultural area described in this sec-       to the New York-Pennsylvania state
tion is ‘‘Hudson River Region.’’               line in the Delaware River.
  (b) Approved maps. The approved                (11) The boundary proceeds easterly
maps for determining the boundaries of         along the Delaware River to the New
Hudson River Region viticultural area          York-New Jersey state line.
are four U.S.G.S. maps, as follows:              (12) The boundary proceeds easterly
  (1) Albany (NK 18–6), scale of 1:250,000     along the New York-New Jersey state
series;                                        line to N.Y. Route 17.
  (2) Hartford (NK 18–9), scale of               (13) The boundary proceeds northerly
1:250,000 series;                              along the western side of N.Y. Route 17
  (3) Scranton (NK 18–8), scale of             to the junction with Interstate Route
1:250,000 series;                              287.
  (4) Binghamton (NK 18–5), scale of             (14) The boundary proceeds easterly
1:250,000 series.                              along the northern side of Interstate

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§ 9.48                                                    27 CFR Ch. I (4–1–99 Edition)

Route 287 to the junction with N.Y.             (12) Continuing southwest along Rt.
Route 15.                                     20 to the corporate limits of the town
  (15) The boundary proceeds easterly         of Orange;
along the northern side of N.Y. Route           (13) Following southwest the cor-
15 to the beginning point.                    porate limit line to its intersection
                                              with U.S. Rt. 15;
[T.D. ATF–105, 47 FR 24294, June 4, 1982]
                                                (14) Continuing southwest on Rt. 15
§ 9.48 Monticello.                            to its intersection with Virginia Rt. 231
                                              in the town of Gordonsville;
  (a)    Name.    The    name    of  the
                                                (15) Then southwest along Rt. 231 to
viticultural area described in this sec-
                                              its intersection with the Albemarle
tion is ‘‘Monticello.’’
                                              County line.
  (b) Approved maps. Approved maps for
                                                (16) Continuing southwest along the
the Monticello viticultural area are
                                              county line to its intersection with the
three 1971 U.S.G.S. maps titled:
                                              James River;
  (1) Charlottesville Quadrangle, Vir-
                                                (17) Then following the James River
ginia: 1:250,000 minute series;
                                              to its confluence with the Tye River at
  (2) Roanoke Quadrangle, Virginia:
                                              Norwood, Virginia, the beginning
1:250,000 minute series; and
                                              point.
  (3) Washington, DC: 1:250,000 minute
series.                                       [T.D. ATF–164, 49 FR 2758, Jan. 23, 1984, as
  (c) Boundaries. (1) From Norwood,           amended by T.D. ATF–249, 52 FR 5957, Feb.
Virginia, following the Tye River west        27, 1987; T.D. ATF–255, 52 FR 23652, June 24,
                                              1987]
and northwest until it intersects with
the eastern boundary of the George            § 9.49   Central Delaware Valley.
Washington National Forest;
  (2) Following this boundary north-            (a)    Name.    The   name    of    the
east to Virginia Rt. 664;                     viticultural area described in this sec-
  (3) Then west following Rt. 664 to its      tion is ‘‘Central Delaware Valley.’’
intersection with the Nelson County             (b) Approved maps. The appropriate
line;                                         maps for determining the boundaries of
  (4) Then northeast along the Nelson         the      Central     Delaware     Valley
County line to its intersection with the      viticultural area are nine U.S.G.S.
Albemarle County line at Jarman Gap;          maps in the 7.5 minute series (topo-
  (5) From this point continuing north-       graphic). They are titled:
east along the eastern boundary of the          (1) Bloomsbury Quadrangle, New Jer-
Shenandoah National Park to its inter-        sey, 1955 (photorevised 1970).
section with the northern Albemarle             (2) Riegelsville Quadrangle, Pennsyl-
County line;                                  vania-New Jersey, 1956 (photorevised
  (6) Continuing northeast along the          1968 and 1973).
Greene County line to its intersection          (3) Frenchtown Quadrangle, Pennsyl-
with Virginia Rt. 33;                         vania-New Jersey, 1955 (photorevised
  (7) Follow Virginia Rt. 33 east to the      1970).
intersection of Virginia Rt. 230 at             (4) Lumberville Quadrangle, Pennsyl-
Stanardsville;                                vania-New Jersey, 1955 (photorevised
  (8) Follow Virginia Rt. 230 north to        1968 and 1973).
the Greene County line (the Conway              (5) Stockton Quadrangle, New Jersey-
River);                                       Pennsylvania, 1954 (photorevised 1970).
  (9) Following the Greene County line          (6) Hopewell Quadrangle, New Jersey,
(Conway River which becomes the               1954 (photorevised 1970).
Rapidan River) southeast to its inter-          (7) Buckingham Quadrangle, Pennsyl-
section with the Orange County line;          vania—Bucks Co., 1953 (photorevised
  (10) Following the Orange County            1968 and 1973).
line (Rapidan River) east and northeast         (8) Lambertville Quadrangle, Penn-
to its confluence with the Mountain           sylvania-New          Jersey,        1953
Run River;                                    (photorevised 1968 and 1973).
  (11) Then following the Mountain              (9) Pennington Quadrangle, New Jer-
Run River southwest to its intersec-          sey-Pennsylvania 1954 (photorevised
tion with Virginia Rt. 20;                    1970).

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Bureau of Alcohol, Tobacco and Firearms, Treasury                             § 9.49

  (c) Boundary—(1) General. The Cen-         (xiv) From there northward along
tral Delaware Valley viticultural area     Route 579 to Benchmark 905 (on the
is located in Pennsylvania and New         Bloomsbury Quadrangle map).
Jersey. The starting point of the fol-       (xv) From there in a straight line
lowing boundary description is the         westward to the 952 ft. summit ;of
summit of Strawberry Hill, which is lo-    Musconetcong     Mountain     (on    the
cated in New Jersey near the Delaware      Frenchtown Quadrangle map).
River about one mile northwest of            (xvi) From there in a straight line
Titusville, at the southern end of the     southwestward to the 836 ft. summit of
Central Delaware Valley viticultural       Musconetcong     Mountain     (on    the
area. The starting point is found on the   Riegelsville Quadrangle map).
Lambertville Quadrangle map.                 (xvii) From there in straight lines
  (2) Boundary Description: (i) From the   connecting the 838 ft., 839 ft., 707 ft.,
summit of Strawberry Hill (475 feet) in    and 386 ft. summits of Musconetcong
a straight line to the summit of Mt.       Mountain.
Canoe (428 feet—on the Pennington            (xviii) From the 386 ft. summit of
Quadrangle map).                           Musconetcong Mountain in a straight
  (ii) From there due east to Mercer       line across the Delaware River to the
County Route 579 (Bear Tavern Road)        intersection of Routes 611 and 212.
about .2 mile south of Ackors Corner.        (xix) From there along Route 212 to
  (iii) Then northward along Mercer 579    the intersection with the lane going up
to Harbourton.                             Mine Hill.
  (iv) From there northwestward along        (xx) From there in a straight line to
Route 3 (Mount Airy-Harbourton Road)       the summit of Mine Hill (488 feet).
to the 2nd English Presbyterian Church       (xxi) From there in a straight line
in Mount Airy (on the Stockton Quad-       southwestward to the 522 ft. summit
rangle map).                               elevation point.
  (v) From there along Old York Road         (xxii) From there southeastward to
northward to Benchmark 157 on U.S.         the summit of Chestnut Hill (743 feet).
Route 202.                                   (xxiii) From there in a straight line
  (vi) From there westward along           southeastward to the 347 ft. summit
Queen Road and northwestward along         elevation point (located south of
Mount Airy Road to Dilts Corner.           Kintnersville near Benchmark 173,
  (vii) From there northwestward           about .1 mile west of Route 611).
along Dilts Corner Road to Sandy             (xxiv) From there in a straight line
Ridge Church.                              eastward to the summit of Coffman
  (viii) From there northwestward via      Hill (826 feet).
Cemetary Road to Benchmark 305.              (xxv) From there in a straight line
  (ix) From there northward along Cov-     southeastward to the 628 ft. summit
ered Bridge Road to Green Sergeant         elevation point (about .3 mile north of
Covered Bridge.                            Camp Davis).
  (x) From there generally westward          (xxvi) From there in a straight line
along Sanford Road to its intersection     southeastward to the point where
with Route 519 about one mile north of     Bridgeton, Nockamixon, and Tinicum
Rosemont.                                  Townships meet (on the Frenchtown
  (xi) From there northward along          Quadrangle map).
Route 519 (via Kingwood, Barbertown          (xxvii) From there in a straight line
and Baptistown) to Palmyra (on the         southward to the intersection of Slant
Frenchtown Quadrangle map).                Hill Road (Covered Bridge Road) and
  (xii) From the intersection in Pal-      Stump Road in Smiths Corner (on the
myra, in a straight line northward to      Lumberville Quadrangle map).
the 487 ft. elevation point near             (xxviii) From there in a straight line
Nishisakawick Creek.                       southeastward to the 472 ft. elevation
  (xiii) From there in a straight line     point near Rocky Ridge School.
northwestward to Benchmark 787 on            (xxix) From there southeastward in a
Rt. 579 (a secondary hard surface high-    straight line to the 522 ft. elevation
way, unnamed on the map).                  point on Plumstead Hill.

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§ 9.50                                                    27 CFR Ch. I (4–1–99 Edition)

  (xxx) From there in a straight line to          (3) The boundary follows the River-
the 482 ft. elevation point about .7 mile       side County-San Diego County line
northwest of Lahaska.                           southwesterly, then southeasterly to
  (xxxi) From there in a straight line          the point where the Riverside County-
southeastward to the 352 ft. elevation          San Diego County line diverges south-
point approximately .6 mile northeast           ward and the Santa Rosa Land Grant
of Lahaska.                                     boundary continues southeasterly.
  (xxxii) From there in a straight line           (4) The boundary follows the Santa
to the point where a power trans-               Rosa Land Grant boundary southeast-
mission line crosses the 400 ft. contour        erly, then northeasterly, to its inter-
line on the south side of Solebury              section with the Temecula Land Grant
Mountain (on the Lambertville Quad-             boundary.
rangle map).                                      (5)   The    boundary    follows    the
  (xxxiii) From there in a straight line        Temecula Land Grant boundary south-
to the tower on Bowman Hill in Wash-            easterly, then northeasterly, to its
ington Crossing State Park.                     intersection with the Little Temecula
  (xxxiv) From there in a straight line         Land Grant boundary.
across the Delaware River to the start-           (6) The boundary follows the Little
ing point, the summit of Strawberry             Temecula Land Grant boundary south-
Hill (475 feet).                                easterly to its intersection with the
[T.D. ATF–168, 49 FR 10117, Mar. 19, 1984, as   boundary of that portion of the
amended by T.D. ATF–249, 52 FR 5958, Feb.       Pechanga Indian Reservation which,
27, 1987]                                       until 1907, was Lot ‘‘E’’ of the Little
                                                Temecula Land Grant.
§ 9.50 Temecula.                                  (7)   The    boundary    follows    the
   (a)   Name.    The     name    of   the      Pechanga Indian Reservation boundary
viticultural area described in this sec-        southeasterly, then northeasterly (in-
tion is ‘‘Temecula.’’                           cluding that portion of the Penchanga
   (b) Approved map. The approved maps          Indian Reservation in the approved
for determining the boundary of the             viticultural area) to the point at which
Temecula viticultural area are seven            it rejoins the Little Temecula Land
U.S.G.S. guadrangle maps in the 7.5             Grant boundary.
minute series, as follows:                        (8) The boundary follows the Little
   (1) Wildomar, California, dated 1953,        Temecula Land Grant boundary north-
photorevised 1973;                              easterly to its intersection with the
   (2) Fallbrook, California, dated 1968;       Pauba Land Grant boundary.
   (3) Murrieta, California, dated 1953,          (9) The boundary follows the Pauba
photorevised 1979;                              Land Grant boundary southeasterly,
   (4) Temecula, California, dated 1968,        then northeasterly, to the north-south
photorevised 1975;                              section line dividing Section 23 from
   (5) Pechanga, California, dated 1968;        Section 24 in Township 8 South, Range
   (6) Sage, California, dated 1954;            2 West.
   (7) Bachelor Mountain, California,             (10) The boundary follows this sec-
dated 1953, photorevised 1973.                  tion line south to the 1500-foot contour
   (c)    Boundary.      The     Temecula       line.
viticultural area is located in Riverside         (11) The boundary follows the 1500-
County, California. The boundary is as          foot contour line easterly to the range
follows:                                        line dividing Range 2 West from Range
   (1) The beginning point is the north-        1 West.
ernmost point of the Santa Rosa Land              (12) The boundary follows this range
Grant where the Santa Rosa Land                 line north, across California State
Grant boundary intersects the eastern-          Highway 71/79, to the 1400-foot contour
most point of the Cleveland National            line of Oak Mountain.
Forest boundary.                                  (13) The boundary follows the 1400-
   (2) The boundary follows the Cleve-          foot contour line around Oak Mountain
land National Forest boundary south-            to its intersection with the 117°00′ West
westerly to the point where it con-             longitude meridian.
verges with the Riverside County-San              (14) The boundary follows the the
Diego County line.                              117°00′ West longitude meridian north

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                     § 9.52

to its intersection with the Pauba            proceeds in a straight line to the begin-
Land Grant boundary.                          ning point.
  (15) The boundary follows the Pauba
                                              [T.D. ATF–188, 49 FR 42566, Oct. 23, 1984; 49
Land Grant boundary northwesterly,            FR 43455, Oct. 29, 1984, as amended by T.D.
then west, then south, then west, to          ATF–221, 51 FR 750, Jan. 8, 1986; T.D. ATF–
Warren Road (which coincides with the         249, 52 FR 5958, Feb. 27, 1987]
range line dividing Range 1 West from
Range 2 West).                                § 9.51   Isle St. George.
  (16) The boundary follows Warren              (a)    Name.     The   name    of   the
Road north to an unnamed east-west,           viticultural area described in this sec-
light-duty, hard or improved surface          tion is ‘‘Isle St. George.’’
road (which coincides with the section          (b) Approved maps. The approved map
line dividing Section 12 from Section 13      for determining the boundary of the
in Township 7 South, Range 2 West).           Isle St. George viticultural area is the
  (17) The boundary follows this road         U.S.G.S. quadrangle map, ‘‘Put-in-Bay,
west to the north-south section line di-      Ohio’’, 7.5 minute series, edition of
viding Section 13 from Section 14 in          1969.
Township 7 South, Range 2 West.                 (c) Boundaries. The Isle St. George
  (18) The boundary follows this sec-         viticultural area is located entirely
tion line south to its intersection with      within Ottawa County, Ohio. The
Buck Road (which coincides with the           boundary of the Isle St. George
east-west section line on the southern        viticultural area is the shoreline of the
edge of Section 14 in Township 7 South,       island named ‘‘North Bass Island’’ on
Range 2 West).                                the ‘‘Put-in-Bay, Ohio’’ U.S.G.S. map,
  (19) The boundary follows Buck Road         and the viticultural area comprises the
west to the point where it diverges           entire island.
northwesterly from the section line on
the southern edge of Section 14 in            [T.D. ATF–110, 47 FR 36421, Aug. 20, 1982]
Township 7 South, Range 2 West.
  (20) The boundary follows this sec-         § 9.52   Chalk Hill.
tion line west, along the southern              (a)    Name.   The     name   of   the
edges of Sections 14, 15, 16, 17, and 18 in   viticultural area described in this sec-
Township 7 South, Range 2 West, to            tion is ‘‘Chalk Hill.’’
Tucalota Creek.                                 (b) Approved maps. The appropriate
  (21) The boundary follows Tucalota          maps for determining the boundary of
Creek southerly to Santa Gertrudis            the Chalk Hill viticultural area are the
Creek.                                        U.S.G.S. topographic maps titled:
  (22) The boundary follows Santa               ‘‘Mark West Springs Quadrangle,
Gertrudis Creek southwesterly to              California’’, 7.5 minute series, 1958;
Murrieta Creek.                               and,
  (23) The boundary proceeds north-             ‘‘Healdsburg Quadrangle, California’’,
westerly    along    the     westernmost      7.5 minute series, 1955 (Photorevised
branches of Murrieta Creek to its             1980).
intersection with Hayes Avenue, north-          (c)   Boundary.      The  Chalk   Hill
west of Murrieta, California.                 viticultural area is located near the
  (24) The boundary follows Hayes Ave-        town of Windsor in Sonoma County,
nue northwesterly, approximately 4,000        California. From the beginning point
feet, to its terminus at an unnamed,          on the south line of Section 2, Town-
unimproved, fair or dry weather road.         ship 8 North (T. 8 N.), Range 9 West (R.
  (25) The boundary follows this road         9 W.) at the intersection of Arata Lane
southwesterly to Murrieta Creek.              and Redwood Highway (a.k.a. Old High-
  (26) The boundary proceeds north-           way 101), on the ‘‘Healdsburg Quad-
westerly    along    the     westernmost      rangle’’ map, the boundary proceeds—
branches of Murrieta Creek to its               (1) Southeasterly along Redwood
intersection with Orange Street in            Highway through Section 11, T. 8 N., R.
Wildomar, California.                         9 W., to the point of intersection with
  (27)   From    the    intersection     of   Windsor River Road;
Murrieta Creek and Orange Street in             (2) Then westerly along Windsor
Wildomar, California, the boundary            River Road on the south boundary of

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§ 9.52                                                 27 CFR Ch. I (4–1–99 Edition)

Section 11, T. 8 N., R. 9 W., to the point     (12) Then southerly along the east
of intersection with Starr Road;             line of Section 21 to the southeast cor-
  (3) The southerly along Starr Road to      ner thereof;
the point of intersection with the             (13) Then southerly, approximately
south line of Section 14, T. 8 N., R. 9      0.08 mile, along the west line of section
W.;                                          27, T. 9 N., R. 8 W., to the point at
  (4) Then easterly along the south line     which an unnamed unimproved road
of Sections 14 and 13, T. 8 N., R. 9 W.      which parallels the south bank of Mar-
and Section 18, T. 8 N., R. 8 W., to the     tin Creek intersects the west line of
point of intersection with the Redwood       section 27, T. 9 N., R. 8 W.;
Highway;                                       (14) Then southeasterly, approxi-
  (5) Then southeasterly along the Red-      mately 1.07 miles, along said road to
wood Highway to the intersection with        the point at which the road is crossed
an unnamed road that intersects the          by the east line of section 27, T. 9 N.,
Redwood Highway at a right angle             R. 8 W.;
from the northeast near the southwest          (15) Then southerly, approximately
corner of Section 28 near Mark West          0.65 mile, along the east lines of sec-
Creek, T. 8 N., R. 8 W.;                     tions 27 and 34, T. 9 N., R. 8 W., to the
  (6) Then northeast approximately 500       point in the northeast corner of section
feet along the unnamed road to its           34, T. 9 N., R. 8 W. where the north fork
intersection with the Pacific Gas and        of Barnes Creek intersects such line in
Electric power transmission line;            section 34, T. 9 N., R. 8 W.;
  (7) Then northeast approximately             (16) Then continuing along the north
1,000 feet along the power transmission      fork of Barnes Creek, approximately 0.5
line (paralleling the unnamed road) to       mile, in a generally westerly direction
the point where the power trans-             to a small dwelling at the eastern ter-
mission line turns in a northerly direc-     minus of an unnamed unimproved road
tion;                                        (known locally as the access to the
  (8) Then in a northerly direction          Shurtleff Ranch) in section 34, T. 9 N.,
along the power transmission line to         R. 8 W.;
the point of its intersection with the         (17) Then continuing in a generally
south line of Section 17, T. 8 N., R. 8      westerly direction, approximately 1.4
W.;                                          miles, along the unnamed unimproved
  (9) Then east along the south line of      road (known locally as the access to
Sections 17, 16 and 15, T. 8 N., R. 8 W.     the Shurtleff Ranch) to its intersection
to the point of intersection with Mark       with an unnamed unimproved road
West Road on the ‘‘Mark West Quad-           (known locally as Spurgeon Road) in
rangle Map’’;                                section 33, T. 9 N., R. 8 W. on the
  (10) Then northerly for approxi-           Healdsburg,      California,   Quadrangle
mately 1.3 miles along Mark West Road        Map;
(which becomes Porter Creek Road),             (18) Then westerly, approximately
then northeasterly for approximately         0.45 mile, along the unnamed unim-
1.7 miles on Porter Creek Road to its        proved     road    (known     locally  as
intersection with the unnamed medium         Spurgeon Road) to the point where the
duty road that parallels Porter Creek        road intersects Chalk Hill Road in sec-
in Section 12, T. 8 N., R. 8 W.; then        tion 32, T. 9 N., R. 8 W.;
northeasterly on the Franz Valley              (19) Then in a generally northwest-
Road over the Tarwater Grade and con-        erly direction, approximately 1.3 miles,
tinuing along the Franz Valley Road          along Chalk Hill Road to the point
for approximately 3 miles to its inter-      where Chalk Hill Road crosses Brooks
section with Franz Creek (approxi-           Creek in section 29, T. 9 N., R. 8 W.;
mately 2,000 feet west of the range line       (20) Then north in a straight line, ap-
common to R. 7 W. and R. 8 W. in T. 9        proximately 0.2 mile, to the top of a
N. and approximately 1,150 feet north        peak identified as Chalk Hill;
of the north line of Section 25, T. 9 N.,      (21) Then west-northwesterly in a
R. 8 W.);                                    straight line to the confluence of
  (11) Then westerly along Franz Creek       Brooks Creek and the Russian River;
to its point of intersection with the          (22) Then westerly along the Russian
east line of Section 21, T. 9 N., R. 8 W.;   River to the point of intersection with

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.53

the range line common to R. 8 W. and              (7) ‘‘Cloverdale Quadrangle, Cali-
R. 9 W. in T. 9 N.;                             fornia,’’ 7.5 minute series, 1960.
  (23) Then southwesterly in a straight           (c) Boundaries. The Alexander Valley
line to the point of a hill identified as       viticultural area is located in north-
having an elevation of 737 feet;                eastern Sonoma County, California.
  (24) Then south-southwesterly in a            From the beginning point at the north-
straight line to the point at the eas-          east corner of Section 32, Township 12
terly terminus of Reiman Road;                  North (T. 12 N.), Range 10 West (R. 10
  (25) Then southwesterly in a straight         W.), on the Asti Quadrangle map, the
line to the point at the intersection of        boundary runs—
the township line common to T. 8 N.               (1) West along the north line of Sec-
and T. 9 N. in R. 9 W. and the frontage         tions 32 and 31, T. 12 N., R. 10 W., and
road (a.k.a. Los Amigos Road) for U.S.          Sections 36, 35, and 34, T. 12 N., R. 11
Highway 101;                                    W., to the northwest corner of Section
  (26) Then west approximately 3,000            34, on the Cloverdale Quadrangle map;
feet along the township line common               (2) Then south along the west line of
to T. 8 N. and T. 9 N. in R. 9 W.;              Section 34 to the southwest corner
  (27) Then southerly for approxi-              thereof;
mately 2,000 feet in a straight line to           (3) Then east southeasterly in a
the point of intersection with an               straight line to the southeast corner of
unnamed stream drainage;                        section 2, T. 11 N., R. 11 W.;
  (28) Then east in a straight line to            (4) Then south southeasterly in a
the point of intersection with Eastside         straight line to the southeast corner of
Road;                                           section 24, T. 11 N., R. 11 W.;
  (29)   Then      northeasterly    along         (5) Then southeasterly in a straight
Eastside Road to the point of intersec-         line across sections 30, 31 and 32, T. 11
tion with Redwood Highway;                      N., R.. 10 W., to the point at 38°45′ N.
  (30) Then southeasterly along Red-            latitude and 123°00′ E. longitude in sec-
wood Highway to the point of begin-             tion 5, T. 10 N., R. 10 W.;
ning.                                             (6) Then easterly in a straight line
[T.D. ATF–155, 48 FR 48812, Oct. 21, 1983, as   along latitude 38 degrees 45 minutes to
amended by T.D. ATF–272, 53 FR 17023, May       the point of intersection with the east
13, 1988]                                       line of Section 4, T. 10 N., R. 10 W., on
                                                the Geyserville Quadrangle map;
§ 9.53 Alexander Valley.                          (7) Then southeasterly 5,850 feet in a
  (a)    Name.    The   name      of   the      straight line to the southwest corner of
viticultural area described in this sec-        Section 3, T. 10 N., R. 10 W.;
tion is ‘‘Alexander Valley.’’                     (8) Then southerly along the west
  (b) Approved maps. The appropriate            line of Section 10, T. 10 N., R. 10 W.;
maps for determining the boundaries of            (9) Then S. 74 degrees, E. 2,800 feet in
the Alexander Valley viticultural area          a straight line to the northeasterly tip
are seven U.S.G.S. maps entitled:               of a small lake;
  (1) ‘‘Mark West Springs Quadrangle,             (10) Then N. 57 degrees, E. 2,300 feet
California,’’ 7.5 minute series, 1958;          in a straight line to the southeast cor-
  (2) ‘‘Mount St. Helena Quadrangle,            ner of Section 10, T. 10 N., R. 10 W.;
California,’’ 7.5 minute series, 1959;            (11) Then S. 16 degrees, E. 1,800 feet in
  (3) ‘‘Jimtown Quadrangle, Cali-               a straight line to the point on a peak
fornia—Sonoma County,’’ 7.5 minute              identified as having an elevation of 664
series, 1955 (Photorevised 1975);               feet;
  (4) ‘‘Geyserville Quadrangle, Cali-             (12) Then S. 55 degrees, E. 7,900 feet in
fornia—Sonoma County,’’ 7.5 minute              a straight line to the most northerly
series, 1955 (Photorevised 1975);               point on the northeasterly line of
  (5) ‘‘Healdsburg Quadrangle, Cali-            ‘‘Olive Hill’’ Cemetery, lying on the
fornia—Sonoma County,’’ 7.5 minute              easterly side of a light-duty road iden-
series, 1955;                                   tified as Canyon Road;
  (6) ‘‘Asti Quadrangle, California,’’ 7.5        (13) Then southeasterly along the
minute series, 1959 (Photorevised 1978);        northeasterly line of ‘‘Olive Hill’’ cem-
and                                             etery to most easterly point thereon;

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§ 9.53                                                    27 CFR Ch. I (4–1–99 Edition)

  (14) Then southerly 3,000 feet along         the point where Chalk Hill Road
the meanders of the west fork of Wood          crosses     Brooks     Creek      (on  the
Creek to the point lying 400 feet north        Healdsburg Quadrangle map);
of the point on a peak identified as             (28) Then southeasterly, approxi-
having an elevation of 781 feet;               mately 1.3 miles, along the roadbed of
  (15) Then southerly 400 feet in a            Chalk Hill Road to the point near the
straight line to the point on a peak           confluence of Brooks Creek and Barnes
identified as having an elevation of 781       Creek where Chalk Hill Road intersects
feet;                                          an unnamed unimproved road (known
  (16) Then S. 501⁄2 degrees, E. 15,200 feet   locally as Spurgeon Road) that par-
in a straight line to the point lying at       allels Barnes Creek in section 32, T. 9
the intersection of Lytton Creek with          N., R. 8 W.;
the township line common to T. 9 N.
                                                 (29) Then easterly, approximately 0.45
and T. 10 N. in R. 9 W.;
                                               mile, along said road (known locally as
  (17) Then southerly along the mean-
ders of Lytton Creek to the point of           Spurgeon Road) to the point where the
intersection with a light-duty road            road is intersected by an unnamed un-
identified as Lytton Springs Road in T.        improved road (known locally as the
9 N., R. 9 W.;                                 access to the Shurtleff Ranch) in sec-
  (18) Then easterly along Lytton              tion 33, T. 9 N., R. 8 W.;
Springs Road to the point of intersec-           (30) Then continuing along the
tion with a heavy-duty road identified         unnamed unimproved road (known lo-
as U.S. Highway 101 (a.k.a. Redwood            cally as the access to the Shurtleff
Highway), on the Jimtown Quadrangle            Ranch), approximately 1.33 miles, in a
map;                                           generally easterly direction, to the
  (19) Then southerly along U.S. High-         eastern terminus of said road at a
way 101 to the point of intersection           small dwelling along the north fork of
with an unnamed light-duty road                Barnes Creek in section 34, T. 9 N., R.
(known locally as Chiquita Road), on           8 W. on the Mark West Springs, Cali-
the Geyserville Quadrangle map;                fornia, Quadrangle map;
  (20) Then easterly along the unnamed           (31) Then easterly along the north
light-duty road to the point of inter-         fork of Barnes Creek, approximately 0.5
section with an unnamed heavy-duty             mile, to the point in the northeast cor-
road (known locally as Healdsburg Ave-         ner of section 34, T. 9 N., R. 8 W. where
nue), on the Jimtown Quadrangle map;           the north fork of Barnes Creek inter-
  (21) Then southeasterly in a straight        sects the east line of section 34, T. 9 N.,
line approximately 11,000 feet to the          R. 8 W.;
991-foot peak of Fitch Mountain;                 (32) Then north, approximately 0.65
  (22) Then east southeasterly approxi-        mile, along the east lines of sections 34
mately 7,000 feet in a straight line to        and 27, T. 9 N., R. 8 W., to the point at
the peak identified as having an ele-          which an unnamed unimproved road
vation of 857 feet;                            which parallels the south bank of Mar-
  (23) Then east southeasterly approxi-
                                               tin Creek intersects the eastern border
mately 1,750 feet to the peak identified
                                               of section 27, T. 9 N., R. 8 W.;
as Black Peak;
  (24) Then southeasterly approxi-               (33) Then in a generally northwest-
mately 7,333 feet to the peak identified       erly direction, approximately 1.07
as having an elevation of 672 feet;            miles, along said road to the point at
  (25) Then northeasterly approxi-             which the road is crossed by the west
mately 5,000 feet in a straight line to        line of section 27, T. 9 N., R. 8 W.;
the point of confluence of Brooks                (34) Then north, approximately 0.08
Creek with the Russian River in T. 9           mile, along the west line of section 27,
N., R. 8 W., on the Healdsburg Quad-           T. 9 N., R. 8 W., to the southeast corner
rangle map;                                    of section 21, T. 9 N., R. 8 W.;
  (26) Then east-southeasterly 2,400 feet        (35) Then northerly along the east
in a straight line to the top of a peak        line of Sections 21, 16, and 9, T. 9 N., R.
identified as Chalk Hill;                      8 W. to the northeast corner of Section
  (27) Then south from said peak, in a         9, on the Mount St. Helena Quadrangle
straight line, approximately 0.2 mile to       map;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.54

  (36) Then westerly along the north               (6) ‘‘Los Alamos, Cal.’’, 7.5 minute se-
line of Section 9 to the northwest cor-          ries, edition of 1959;
ner thereof, on the Jimtown Quad-                  (7) ‘‘Los Olivos, Cal.’’, 7.5 minute se-
rangle map;                                      ries, edition of 1959 (photoinspected
  (37) Then northerly along the western          1974);
lines of section 4, of T. 9 N, R. 8 W., and        (8) ‘‘Santa Rosa Hills, Cal.’’, 7.5
sections 33, 28, 21, 16, and 9 of T. 10 N.,      minute series, edition of 1959;
R. 8 W.;                                           (9) ‘‘Santa Ynez, Cal.’’, 7.5 minute se-
  (38) Then westerly along the northern          ries, edition of 1959 (photorevised 1974);
lines of section 8 and 7, T. 10 N., R. 8 W.        (10) ‘‘Solvang, Cal.’’, 7.5 minute se-
and section 12, T. 10 N., R. 9 W. to the         ries, edition of 1959 (photorevised 1974);
southeastern corner of section 2, T. 10            (11) ‘‘Zaca Creek, Cal.’’, 7.5 minute
N., R. 9 W.;                                     series, edition of 1959; and
  (39) Then northwesterly in a straight            (12) ‘‘Zaca Lake, Cal.’’, 7.5 minute se-
line to the eastern line of section 3 at         ries, edition of 1964.
38 degrees 45 minutes latitude, T. 10 N.,          (c) Boundaries. The Santa Ynez Val-
R. 9 W.;                                         ley viticultural area is located within
  (40) Then westerly along latitude line         Santa Barbara County, California. The
38 degrees 45 minutes to the point lying         beginning point is found on the ‘‘Los
at 122 degrees 52 minutes 30 seconds             Alamos, California’’ U.S.G.S. map
longitude;                                       where California Highway 246 (indi-
  (41) Then northwesterly in a straight          cated as Highway 150 on the Los Ala-
line to the southeast corner of section          mos map) intersects with the 120°22′30″
4, T. 11 N., R. 10 W., on the Asti, Quad-        longitude line.
rangle map;                                        (1) Then north following the 120°22′30″
  (42) Then northeasterly in a straight          longitude line to Cebada Canyon Road.
line to the southeast corner of section            (2) Then northeast following Cebada
34, T. 12 N., R. 10 W.;                          Canyon Road and an unnamed jeep
  (43) Then north along the east bound-          trail to the northern boundary of Sec-
ary of section 34, T. 12 N., R. 10 W., to        tion 9, T. 7 N., R. 33 W.
the northeast corner of section 34, T. 12          (3) Then east following the northern
N., R. 10 W.;                                    boundaries of Sections 9, 10, 11, 12, 7,
  (44) Then west along the north                 and 8 to the northeast corner of Sec-
boundaries of sections 34 and 33, T. 12          tion 8, T. 7 N., R. 33 W.
N., R. 10 W., to the point of beginning.           (4) Then south following the eastern
[T.D. ATF–187, 49 FR 42724, Oct. 24, 1984, as    boundaries of Sections 8 and 17 to the
amended by T.D. ATF–233; 51 FR 30354, Aug.       intersection with the boundary divid-
26, 1986; T.D. ATF–272, 53 FR 17025, May 13,     ing the La Laguna and San Carlos de
1988; T.D. ATF–300, 55 FR 32402, Aug. 9, 1990]   Jonata Land Grants.
                                                   (5) Then east following the boundary
§ 9.54 Santa Ynez Valley.                        between the La Laguna and the San
   (a)    Name.   The     name    of   the       Carlos de Jonata Land Grants to the
viticultural area described in this sec-         intersection with Canada de Santa
tion is ‘‘Santa Ynez Valley.’’                   Ynez.
   (b) Approved maps. The appropriate              (6) Then northeast in a straight line
maps for determining the boundaries of           for approximately 3.6 miles to Bench-
the Santa Ynez Valley viticultural               mark 947 at U.S. Highway 101.
area are 12 U.S.G.S. quadrangle maps.              (7) Then northeast in a straight line
They are entitled:                               for approximately 2.6 miles to the
   (1) ‘‘Figueroa Mountain, Cal.’’, 7.5          southwest corner of the La Zaca Land
minute series, edition of 1959;                  Grant.
   (2) ‘‘Foxen Canyon, Cal.’’, 7.5 minute          (8) Then following the boundary of
series, edition of 1964;                         the La Zaca Land Grant north, then
   (3) ‘‘Lake Cachuma, Cal.’’, 7.5 minute        east to its northeast corner.
series, edition of 1959;                           (9) Then east in a straight line for ap-
   (4) ‘‘Lompoc, Cal.’’, 7.5 minute series,      proximately 2.0 miles to the point of
edition of 1959 (photorevised 1974);             intersection of the La Laguna and
   (5) ‘‘Lompoc Hills, Cal.’’, 7.5 minute        Sisquoc Land Grants with the Los Pa-
series, edition of 1959;                         dres National Forest.

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§ 9.55                                                     27 CFR Ch. I (4–1–99 Edition)

  (10) Then following the boundary of            (c) Boundary—(1) General. The Bell
the Los Padres National Forest south,          Mountain viticultural area is located
east, and south until it intersects with       in Gillespie County, Texas. The start-
the eastern boundary of Section 29, T.         ing point of the following boundary de-
7 N., R. 29 W.                                 scription is the summit of Bell Moun-
  (11) Then south following the eastern        tain (1,956 feet).
boundaries of Sections 29, 32, 5, 8, and         (2) Boundary Description. (i) From the
17 to the boundary of the Cachuma              starting point, the boundary proceeds
Recreation Area at Bitt Benchmark              due southward for exactly one half
1074.                                          mile;
  (12) Then following the boundary of            (ii) Then southeastward in a straight
the Cachuma Recreation Area west and           line to the intersection of Willow City
south to the point of intersection with
                                               Loop Road with an unnamed unim-
the Los Padres National Forest.
                                               proved road, where marked with an ele-
  (13) Then south and west following
                                               vation of 1,773 feet;
the boundary of the Los Padres Na-
tional Forest to its intersection with           (iii) Then generally southward along
the Las Cruces Land Grant at the               Willow City Loop Road (a light-duty
southwest corner of Section 12, T. 5 N.,       road) to Willow City.
R. 32 W.                                         (iv) Then continuing southward and
  (14) Then north following the bound-         westward along the same light-duty
ary of the Las Cruces Land Grant to            road to the intersection having an ele-
the southeast corner of Section 26, T. 6       vation of 1,664 feet;
N., R. 32 W.                                     (v) Then continuing westward along
  (15) Then west following the southern        the light-duty road to the intersection
boundaries of Sections 26, 27, 28, and 29      having an elevation of 1,702 feet;
to the intersection with the northern            (vi) Then turning southward along
boundary of the San Julian Land Grant          the light-duty road to the intersection
at the southwestern corner of Section          having an elevation of 1,736 feet;
29, T. 6 N., R. 32 W.                            (vii) Then turning westward along
  (16) Then northwest following the            the light-duty road to the intersection
boundary of the San Julian Land Grant          having an elevation of 1,784 feet;
to its intersection with the 120°22′30″          (viii) Then turning southward and
longitude line.                                then westward, following the light-
  (17) Then northwest in a straight line       duty road to its intersection with
for approximately 3.2 miles to the             Texas Highway 16, where marked with
point where Santa Rosa Road inter-             an elevation of 1,792 feet;
sects Salsipuedes Creek.
                                                 (ix) Then due westward to the lon-
  (18) Then following Salsipuedes Creek
                                               gitude line 98° 45′;
downstream to the point of confluence
with the Santa Ynez River.                       (x) Then northward along that lon-
  (19) Then northeast in a straight line       gitude line to a point due west of an
for approximately 1.4 miles to an              unnamed peak with an elevation of
unnamed hill, elevation 597 feet.              1,784 feet;
  (20) Then northeast in a straight line         (xi) Then due eastward to the summit
for approximately 1.7 miles to the             of that unnamed peak;
point of beginning.                              (xii) Then in a straight line eastward
                                               to the intersection of an unnamed un-
[T.D. ATF–132, 48 FR 16252, Apr. 15, 1983]     improved road with Texas Highway 16,
§ 9.55 Bell Mountain.                          where marked with an elevation of
                                               1,822 feet;
  (a)    Name.   The    name    of   the         (xiii) Then following that unnamed
viticultural area described in this sec-       road, taking the right-hand fork at an
tion is ‘‘Bell Mountain.’’                     intersection, to a point due west of the
  (b) Approved map. The appropriate            summit of Bell Mountain;
map for determining the boundaries of
                                                 (xiv) Then due eastward to the sum-
the Bell Mountain viticultural area is
                                               mit of Bell Mountain.
one U.S.G.S. map, titled: Willow City
Quadrangle, 7.5 minute series, 1967.           [T.D. ATF–238, 51 FR 36400, Oct. 10, 1986]

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                         § 9.57

§ 9.56 San Lucas.                                    (12) Then south southeasterly approxi-
                                                  mately 1.1 miles to the 781-foot promontory
   (a)   Name.   The   name    of    the          in section 5, T. 22 S., R. 10 E.;
viticultural area described in this sec-             (13) Then southeasterly in a straight line
tion is ‘‘San Lucas.’’                            approximately 0.7 mile to the 767-foot prom-
   (b) Approved maps. The appropriate             ontory in section 9, T. 22 S., R. 10 E.;
maps for determining the boundary of                 (14) Then southerly in a straight line ap-
San Lucas viticultural area are the fol-          proximately 0.5 mile to the 647-foot prom-
                                                  ontory along the south boundary of section
lowing four U.S.G.S. topographical                9, T. 22 S., R. 10 E.;
maps of the 7.5 minute series:                       (15) Then southwesterly in a straight line
San Lucas, CA, 1949, photorevised 1979,           approximately 2.67 miles to the 835-foot
Nattrass Valley, CA, 1967,                        promontory in section 19, T. 22 S., R. 10 E.;
San Ardo, CA, 1967, and,                             (16) Then west southwesterly in a straight
Espinosa Canyon, CA, 1949, photorevised 1979.     line approximately 1.1 miles to the 1,230-foot
                                                  promontory in section 24, T. 22 S., R. 9 E.;
  (c)   Boundary.   The    San    Lucas              (17) Then north northwesterly in a straight
viticultural area is located in Mon-              line approximately 1.4 miles to the 1,149-foot
terey County in the State of California.          promontory in section 14, T. 22 S., R. 9 E.;
The boundary is as follows:                          (18) Then northwesterly in a straight line
                                                  approximately 0.57 mile to the 1,128-foot
  Beginning on the ‘‘San Lucas Quadrangle’’       promontory in section 11, T. 22 S., R. 9 E.;
map at the northwest corner of section 5 in          (19) Then west southwesterly in a straight
Township 21 South, Range 9 East, the bound-       line approximately 0.58 mile to the 1,220-foot
ary proceeds northeasterly in a straight line     promontory near the north boundary of sec-
approximately 0.35 mile to the 630-foot prom-     tion 15, T. 22 S., R. 9 E.;
ontory in section 32, T. 20 S., R. 9 E.;             (20) Then northwesterly in a straight line
  (1) Then east southeasterly in a straight       approximately 1.33 miles to the 1,071-foot
line approximately 0.6 mile to the 499-foot       promontory in the northwest corner of sec-
promontory in the southwest corner of sec-        tion 9, T. 22 S., R. 9 E.;
tion 33, T. 20 S., R. 9 E.;                          (21) Then northwesterly in a straight line
  (2) Then east southeasterly in a straight       approximately 2.82 miles to the 1,004-foot
line approximately 1.3 miles to the 847-foot      promontory in section 31, T. 21 S., R. 9 E., on
promontory in section 3, T. 21 S., R. 9 E., on    the ‘‘Espinosa Canyon Quadrangle’’ map;
the ‘‘Nattrass Valley Quadrangle’’ map;              (22) Then north northwesterly in a straight
  (3) Then south southeasterly in a straight      line approximately 1.32 miles to the 882-foot
line approximately 2.2 miles to the 828-foot      promontory in section 25, T. 21 S., R. 8 E.;
promontory in section 14, T. 21 S., R. 9 E., on      (23) Then northwesterly in a straight line
the ‘‘San Ardo Quadrangle’’ map;                  approximately 1.05 miles to the 788-foot
  (4) Then east southeasterly in a straight       promontory in section 23, T. 21 S., R. 8 E.;
line approximately 1.3 miles to the 868-foot         (24) Then northerly in a straight line ap-
promontory in section 13, T. 21 S., R. 9 E.;      proximately 1.54 miles to the 601-foot prom-
  (5) Then southeasterly in a straight line       ontory in section 13, T. 21 S., R. 8 E.;
approximately 0.94 mile to the 911-foot prom-        (25) Then northeasterly in a straight line
ontory in section 19, T. 21 S., R. 10 E.;         approximately 3.2 miles to the point of be-
  (6) Then easterly in a straight line approxi-   ginning.
mately 1.28 miles to the 1,042-foot prom-
ontory in section 20, T. 21 S., R. 10 E.;         [T.D. ATF–248, 52 FR 2945, Jan. 29, 1987]
  (7) Then east northeasterly in a straight
line approximately 1.28 miles to the 998-foot     § 9.57 Sonoma County Green Valley.
promontory in southeast corner of section            (a)   Name.   The    name     of   the
16, T. 21 S., R. 10 E.;                           viticultural area described in this sec-
  (8) Then southerly in a straight line ap-
                                                  tion is ‘‘Green Valley’’ qualified by the
proximately 2.24 miles to the 1,219-foot prom-
ontory near the east boundary of section 28,      words ‘‘Sonoma County’’ in direct con-
T. 21 S., R. 10 E.;                               junction with the name ‘‘Green Val-
  (9) Then southwesterly in a straight line       ley.’’ On a label the words ‘‘Sonoma
approximately 1.5 miles to the 937-foot prom-     County’’ may be reduced in type size to
ontory near the north boundary of section 32,     the minimum allowed in 27 CFR 4.38(b).
T. 21 S., R. 10 E.;                                  (b) Approved maps. The appropriate
  (10) Then southwesterly in a straight line      maps for determining the boundaries of
approximately 0.34 mile to the 833-foot prom-
                                                  the Green Valley viticultural area are
ontory in section 32, T. 21 S., R. 10 E.;
  (11) Then south southeasterly in a straight     three U.S.G.S. maps. They are titled:
line approximately 0.5 mile to the 886-foot          (1) ‘‘Sebastopol Quadrangle, Cali-
‘‘Rosenberg’’ promontory in section 32, T. 21     fornia—Sonoma Co.’’, 7.5 minute series
S., R. 10 E.;                                     (1954, photorevised 1980);

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§ 9.58                                                  27 CFR Ch. I (4–1–99 Edition)

  (2) ‘‘Camp Meeker Quadrangle, Cali-         (9) Thence proceeding in a northwest-
fornia—Sonoma Co.’’, 7.5 minute series      erly direction on Jonive Road until it
(1954, photorevised 1971); and              intersects Occidental Road;
  (3) ‘‘Guerneville Quadrangle, Cali-         (10) Thence proceeding on Occidental
fornia—Sonoma Co.’’, 7.5 minute series      Road in a northwesterly direction until
(1955).                                     Occidental Road intersects the west
  (c) Boundaries. The Green Valley          border of Section 35;
viticultural area is located in Sonoma        (11) Thence proceeding due north
County, California. The beginning           along the west borders of Sections 35,
point is located in the northeastern        26, 23, and 14 to the northwest corner of
portion of the ‘‘Camp Meeker Quad-          Section 14;
rangle’’ map where the line separating        (12) Thence in an easterly direction
Section 31 from section 32, in Township     along the north border of Section 14 to
8 North (T.8N.), Range 9 West (R.9W.)       the northeast corner of Section 14;
intersects River Road.                        (13) Thence north along the west bor-
                                            ders of Sections 12, 1, and 36 to the
  (1) From the beginning point, the
                                            northwest corner of Section 36 located
boundary runs south along the line sep-
                                            in the extreme southern portion of the
arating Section 31 from Section 32,
                                            ‘‘Guerneville Quadrangle’’ map;
continuing south along Covey Road
                                              (14) Thence in an easterly direction
(shown on the map as an unnamed,            along the north border of Section 36
light-duty road) to the town of Forest-     until it intersects with River Road;
ville where Covey Road intersects with        (15) Thence in a southeasterly direc-
State Highway 116 (Gravenstein High-        tion along River Road to the point of
way).                                       beginning located on the ‘‘Camp Meek-
  (2) Thence east along State Highway       er Quadrangle’’ map.
116 until it turns in a southeasterly di-
rection and then proceeding along           [T.D. ATF–161, 48 FR 52579, Nov. 21, 1983]
State Highway 116 in a southeasterly
                                            § 9.58   Carmel Valley.
direction until the point at which
State Highway 116 intersects State            (a)    Name.   The     name    of   the
Highway 12 in the town of Sebastopol        viticultural area described in this sec-
(located on the ‘‘Sebastopol Quad-          tion is ‘‘Carmel Valley.’’
rangle’’ map);                                (b) Approved maps. The approved
  (3) Thence in a southwesterly direc-      maps for determining the boundary of
tion on State Highway 12 through the        the Carmel Valley viticultural area are
town of Sebastopol;                         five U.S.G.S. topographic maps in the
                                            7.5 minute series, as follows:
  (4) Thence in a westerly direction on
                                              (1) Mt. Carmel, Calif., dated 1956;
State Highway 12, which becomes
                                              (2) Carmel Valley, Calif., dated 1956;
Bodega Road, until Bodega Road inter-
                                              (3) Ventana Cones, Calif., dated 1956;
sects with Pleasant Hill Road;
                                              (4) Chews Ridge, Calif., dated 1956;
  (5) Thence in a southerly direction on    and
Pleasant Hill Road until it intersects        (5) Rana Creek, Calif., dated 1956.
with Water Trough Road;                       (c) Boundary. The Carmel Valley
  (6) Thence westerly and then north-       viticultural area is located in Mon-
westerly on Water Trough Road until         terey County, California. The boundary
it intersects with Gold Ridge Road;         is as follows:
  (7) Thence in a southwesterly, north-       (1) The beginning point is the north-
westerly, and then a northeasterly di-      east corner of Section 5 in Township 17
rection along Gold Ridge Road until it      South, Range 2 East.
intersects with Bodega Road;                  (2) The boundary follows the Los
  (8) Thence in a southwesterly direc-      Laurelles Land Grant boundary south,
tion along Bodega Road until Bodega         then easterly, to the north-south sec-
Road intersects with Jonive Road in         tion line dividing Section 9 from Sec-
Township 6 North (T.6N.), Range 9 West      tion 10 in Township 17 South, Range 2
(R.9W.) located in the southeast por-       East.
tion of U.S.G.S. map ‘‘Camp Meeker            (3) The boundary follows this section
Quadrangle’’;                               line south to the southwest corner of

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.59

Section 22 in Township 17 South, Range         § 9.59   Arroyo Seco.
2 East.
                                                 (a)    Name.     The     name   of    the
  (4) From this point, the boundary fol-       viticultural area described in this sec-
lows section lines in Township 17              tion is ‘‘Arroyo Seco.’’
South, Range 2 East:                             (b) Approved maps. The appropriate
  (i) To the southeast corner of Section       maps for determining the boundaries of
22,                                            the Arroyo Seco viticultural area are
  (ii) To the southwest corner of Sec-         four U.S.G.S. quadrangle maps. They
tion 26,                                       are entitled:
  (iii) To the southeast corner of Sec-          (1)   ‘‘Greenfield,    California,’’   7.5
tion 26,                                       minute series, edition of 1956;
  (iv) To the southwest corner of Sec-           (2) ‘‘Paraiso Springs, California,’’ 7.5
tion 36.                                       minute series, edition of 1956;
  (5) From this point, the boundary fol-         (3) ‘‘Soledad, California,’’ 7.5 minute
lows the Los Padres National Forest            series, edition of 1955; and
boundary east, then south, then east to          (4) ‘‘Sycamore Flat, California,’’ 7.5
the southwest corner of Section 9 in           minute      series,    edition   of    1956
Township 18 South, Range 3 East.               (photoinspected 1972).
  (6) The boundary follows the section           (c) Boundaries. The Arroyo Seco
line east to the southeast corner of the       viticultural area is located in Mon-
same section, where the section line re-       terey County, California. The begin-
joins the Los Padres National Forest           ning point is found on the ‘‘Sycamore
boundary.                                      Flat’’ U.S.G.S. map at the junction of
                                               Arroyo Seco Road and the Carmel Val-
  (7) The boundary follows the Los Pa-
                                               ley Road (indicated as the Jamesburg
dres National Forest boundary to the
                                               Road on the map).
north-south section line dividing Sec-
                                                 (1) Then east following Arroyo Seco
tion 11 from Section 12 in Township 18         Road to the southwest corner of Sec-
South, Range 3 East.                           tion 22, T. 19 S., R. 5 E.
  (8) The boundary follows this section          (2) Then east following the southern
line north to the township line dividing       boundaries of Sections 22, 23, 24, 19, and
Township 17 South from Township 18             20 to the southeastern corner of Sec-
South.                                         tion 20, T. 19 S., R. 6 E.
  (9) The boundary follows this town-            (3) Then northeast in a straight line
ship line west to the north-south sec-         for approximately 1.3 miles to the sum-
tion line dividing Section 34 from Sec-        mit of Pettits Peak.
tion 35 in Township 17 South, Range 3            (4) Then northeast in a straight line
East.                                          for approximately 1.8 miles to the
  (10) The boundary follows this sec-          point where the 400′ contour line inter-
tion line north to the Los Tularcitos          sects the northern boundary of Section
Land Grant boundary.                           14, T. 19 S., R. 6 E.
  (11) The boundary follows the Los              (5) Then east following the 400′ con-
Tularcitos Land Grant boundary north-          tour line to a point immediately west
westerly to the Carmel River.                  of the Reservoir within the Posa de los
  (12) The boundary follows the Carmel         Ositos Land Grant.
River northerly to the Los Tularcitos            (6) Then following the ridge line in a
Land Grant boundary.                           northeasterly direction for approxi-
  (13) The boundary follows the Los            mately 7.5 miles to U.S. Highway 101 at
Tularcitos Land Grant boundary north-          the intersection of Underwood Road.
easterly to the unsurveyed township              (7) Then east following Underwood
line (approximate location denoted by          Road to its intersection with the Posa
a line of red dashes) dividing Township        de los Ositos Land Grant.
16 South form Township 17 South.                 (8) Then north following the bound-
                                               ary of the Posa de los Ositos Land
  (14) The boundary follows the
                                               Grant to the west bank of the Salinas
unsurveyed township line west to the
                                               River.
beginning point.
                                                 (9) Then northwest following the
[T.D. ATF–119, 47 FR 55916, Dec. 14, 1982]     west bank of the Salinas River to the

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§ 9.60                                                   27 CFR Ch. I (4–1–99 Edition)

southern boundary of Section 17, T. 18           (1) The boundary line starts at the
S., R. 7 E.                                    point of the intersection of the Poto-
  (10) Then due west for approximately         mac River and the Virginia-West Vir-
2.0 miles following the southern bound-        ginia State line approximately eight
ary of Section 17, and continuing to           miles east of Charlestown, West Vir-
U.S. Highway 101.                              ginia.
  (11) Then following U.S. Highway 101           (2) Then the boundary proceeds
in a northwesterly direction to its            southwesterly approximately 14.8 miles
intersection with Paraiso Road.                along the State line, which essentially
  (12) Then south following Paraiso            follows the crest of the Blue Ridge
Road to the intersection with Clark            Mountains, to its intersection with the
Road.                                          western border line of Clarke County,
  (13) Then south in a straight line for       Virginia.
approximately 1.8 miles to the north-
                                                 (3) Then the boundary continues ap-
east corner of Section 5, T. 19 S., R. 6
                                               proximately 13.8 miles southwesterly
E.
  (14) Then due south following the            along the county line and the crest of
eastern boundaries of Sections 5, 8, and       the Blue Ridge to its intersection with
17, to Arroyo Seco Road.                       the western boundary line of Warren
  (15) Then southwest in a straight line       County, Virginia.
for approximately 1.0 mile to Bench              (4) Then the boundary continues ap-
Mark 673.                                      proximately 15 miles along the Warren
  (16) Then west in a straight line for        County line to its intersection with the
approximately 1.8 miles to Bench Mark          Skyline Drive.
649.                                             (5) Then the boundary continues ap-
  (17) Then northwest in a straight line       proximately 71 miles in a southwest-
for approximately 0.2 mile to the              erly direction along the Skyline Drive
northeast corner of Section 23, T. 19 S.,      and the Blue Ridge to its intersection
R. 5 E.                                        with the Blue Ridge Parkway.
  (18) Then west following the northern          (6) Then the boundary continues ap-
boundaries of Section 23 and 22 to the         proximately 53 miles in a southeasterly
northwest corner of Section 22, T. 19 S.,      direction along the Blue Ridge Park-
R. 5 E.                                        way to its intersection with the James
  (19) Then south in a straight line for       River.
approximately 1.0 mile to the point of           (7) Then the boundary proceeds ap-
beginning.                                     proximately 44 miles along the James
[T.D. ATF–131, 48 FR 16246, Apr. 15, 1983]     River in a west-northwesterly direction
                                               to its intersection with the northwest
§ 9.60 Shenandoah Valley.                      boundary line of the Jefferson National
   (a)   Name.   The    name    of   the       Forest near Eagle Rock.
viticultural area described in this sec-         (8) Then the boundary proceeds ap-
tion is ‘‘Shenandoah Valley.’’                 proximately 10.5 miles in a northeast-
   (b) Approved maps. The appropriate          erly direction along the Jefferson Na-
maps for determining the boundaries of         tional Forest line and along the crest
the Shenandoah Valley viticultural             of North Mountain to its intersection
area are four U.S.G.S. Eastern United          with the western boundary line of
States 1:250,000 scale maps. The maps          Rockbridge County.
are titled: Roanoke (1971), Charlottes-          (9) Then the boundary continues ap-
ville (1956, with a revision in 1965),         proximately 23 miles along the county
Cumberland (1956, revised 1969) and Bal-       line in the same northeasterly direc-
timore (1957, revised 1978).                   tion to its intersection with the Chesa-
   (c) Boundaries. The Shenandoah Val-         peake and Ohio Railroad.
ley Viticultural area is located in              (10) Then the boundary continues ap-
Frederick, Clarke, Warren, Shen-               proximately 23 miles along the railroad
andoah, Page, Rockingham, Augusta,             between the Great North Mountain and
Rockbridge, Botetourt, and Amherst             the Little North Mountain to its inter-
Counties in Virginia, and Berkeley and         section with the southeastern bound-
Jefferson Counties in West Virginia.           ary line of the George Washington Na-
The boundaries are as follows:                 tional Forest at Buffalo Gap.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.61

  (11) Then the boundary continues ap-            (13)    ‘‘Aukum,      California,’’  1952
proximately 81 miles northeasterly              (photorevised 1973);
along the George Washington National              (14) ‘‘Fiddletown, California,’’ 1949;
Forest Line to the Vertical Control               (15)    ‘‘Latrobe,    California,’’  1949
Station, (elevation 1883), on the crest         (photorevised 1973);
of Little North Mountain approxi-                 (16) ‘‘Shingle Springs, California,’’
mately 3 miles west of Van Buren Fur-           1949;
nace.                                             (17)    ‘‘Coloma,     California,’’  1949
  (12) Then the boundary line continues         (photorevised 1973);
approximately 53 miles northeasterly              (18) ‘‘Garden Valley, California,’’ 1949
along the crest of Little North Moun-           (photorevised 1973);
tain to its intersection with the Poto-           (19) ‘‘Placerville, California,’’ 1949
mac River in Fort Frederick State               (photorevised 1973);
Park.                                             (20)    ‘‘Camino,     California,’’  1952
  (13) Then the boundary continues ap-          (photorevised 1973);
proximately 47.4 miles southeasterly              (21) ‘‘Sly Park, California,’’ 1952
along the Potomac River to the begin-           (photorevised 1973);
ning point at that Rivers intersection            (c) Boundaries. The boundaries of the
with the boundary line between West             El Dorado viticultural area which is lo-
Virginia and Virginia.                          cated in El Dorado County, California,
                                                are as follows:
[T.D. ATF–120, 47 FR 57698, Dec. 28, 1982, as
                                                  (1) The beginning point of the bound-
amended by T.D. ATF–249, 52 FR 5958, Feb.
27, 1987]                                       aries is the intersection of the North
                                                Fork of the American River (also the
§ 9.61 El Dorado.                               boundary line between El Dorado and
                                                Placer Counties) and the township line
  (a)    Name.    The    name     of   the
                                                ‘‘T. 11 N./T. 12 N.’’ (‘‘Pilot Hill’’ Quad-
viticultural area described in this sec-
                                                rangle);
tion is ‘‘El Dorado.’’
                                                  (2) Thence northeast along the North
  (b) Approved maps. The approved               Fork of the American River to its di-
U.S.G.S. topographic maps (7.5 series;          vergence with the Middle Fork of the
quadrangles) showing the boundaries of          American River, continuing then, fol-
the El Dorado viticultural area, includ-        lowing the Middle Fork of the Amer-
ing quadrangles showing the area with-          ican River to its intersection with the
in the boundaries, are as follows:              Rubicon River which continues as the
  (1) ‘‘Pilot Hill, California,’’ 1954          boundary line between El Dorado and
(photorevised 1973);                            Placer Counties (‘‘Auburn,’’ ‘‘Green-
  (2)    ‘‘Auburn,     California,’’  1953      wood,’’ ‘‘Georgetown,’’ ‘‘Foresthill,’’
(photorevised 1973);                            and ‘‘Michigan Bluff’’ Quadrangles);
  (3) ‘‘Greenwood, California,’’ 1949             (3) Thence southeast along the Rubi-
(photorevised 1973);                            con River to its intersection with the
  (4) ‘‘Georgetown, California,’’ 1949          range line ‘‘R. 11 E./R. 12 E.’’ (‘‘Tunnel
(photorevised 1973);                            Hill’’ Quadrangle);
  (5) ‘‘Foresthill, California,’’ 1949            (4) Thence south along the range line
(photorevised 1973);                            through T. 13 N. and T. 12 N., to its
  (6) ‘‘Michigan Bluff, California,’’ 1952      intersection with the township line ‘‘T.
(photorevised 1973);                            12 N./T. 11 N.’’ (‘‘Tunnel Hill’’ and
  (7) ‘‘Tunnel Hill, California,’’ 1950         ‘‘Slate Mountain’’ Quadrangles);
(photorevised 1973);                              (5) Thence east along the range line
  (8) ‘‘Slate Mountain, California,’’ 1950      to its intersection with the range line
(photorevised 1973);                            ‘‘R. 12 E./R. 13 E.’’ (‘‘Slate Mountains’’
  (9) ‘‘Pollock Pines, California,’’ 1950       and ‘‘Pollock Pines’’ Quadrangles);
(photorevised 1973);                              (6) Thence south along the range line
  (10) ‘‘Stump Spring, California,’’ 1951       to its intersection with the township
(photorevised 1973);                            line ‘‘T. 11 N./T. 10 N.’’ (‘‘Pollock
  (11)    ‘‘Caldor,    California,’’  1951      Pines’’ Quadrangle);
(photorevised 1973);                              (7) Thence east along the township
  (12) ‘‘Omo Ranch, California,’’ 1952          line to its intersection with the range
(photorevised 1973);                            line ‘‘R. 13 E./R. 14 E.’’ (‘‘Pollock

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§ 9.62                                                      27 CFR Ch. I (4–1–99 Edition)

Pines’’ and ‘‘Stump Spring’’ Quad-                (b) Approved map. The approved map
rangles);                                       for the Loramie Creek viticultural area
   (8) Thence south along the range line        is the U.S.G.S. map entitled ‘‘Fort
through T. 10 N., T. 9 N., and T. 8 N. to       Loramie     Quadrangle,     Ohio—Shelby
its intersection with the South Fork of         Co.,’’ 7.5 minute series (topographic),
the Cosumnes River (also the boundary           1961 (photoinspected 1973).
line between El Dorado and Amador                 (c) Boundaries. The Loramie Creek
Counties)      (‘‘Stump    Spring’’   and       viticultural area is located entirely
‘‘Caldor’’ Quadrangles);                        within Shelby County, Ohio. The
   (9) Thence west and northwest along          boundaries are as follows:
the South Fork of the Cosumnes River              (1) From the beginning point of the
to its intersection with range line ‘‘R.        boundary at the intersection of State
11 E./R. 10 E.’’ (‘‘Caldor,’’ ‘‘Omo             Route 47 and Wright-Puthoff Road, the
Ranch,’’ ‘‘Aukum,’’ and ‘‘Fiddletown’’          boundary runs southward on Wright-
Quadrangles);                                   Puthoff Road for a distance of 13⁄8 miles
   (10) Thence north along the range            to the intersection of the Wright-
line to its intersection with the town-         Puthoff Road with Consolidated Rail-
ship     line    ‘‘T. 8    N./T.  9    N.’’     road Corporation (indicated on the
(‘‘Fiddletown’’ Quadrangle);                    U.S.G.S. map as New York Central
   (11) Thence west along the township          Railroad);
line to its intersection with range line          (2) Then along the Consolidated Rail-
‘‘R. 10 E./R. 9 E.’’ (‘‘Fiddletown’’ and        road Corporation right-of-way in a
‘‘Latrobe’’ Quadrangles);                       southwesterly direction for a distance
   (12) Thence north along the range            of 21⁄8 miles to the intersection of the
line to its intersection with U.S. Route        Consolidated     Railroad    Corporation
50;                                             right-of-way with Loramie Creek;
   (13) Thence west along U.S. Route 50           (3) Then upstream along Loramie
to its intersection with Cameron Park           Creek in a northwesterly direction for
Drive;                                          a distance of approximately 31⁄2 miles
   (14) Thence north along Cameron              to the intersection of Loramie Creek
Park Drive to its intersection with             and State Route 47;
Green Valley Road;                                (4) Then eastward on State Route 47
   (15) Thence east along Green Valley          for a distance of approximately 41⁄8
Road to its intersection with range line        miles to the beginning point of State
R.10 E/ R.9 E;                                  Route 47 and Wright-Puthoff Road.
   (16) Thence north along the range
line to its intersection with the town-         [T.D. ATF–118, 47 FR 53356, Nov. 26, 1982]
ship line T.10 N./ T.11 N;
   (17) Thence east along the township          § 9.63   Linganore.
line approximately 4,000 feet to its              (a)    Name.    The   name    of   the
intersection with the range line ‘‘R. 9         viticultural area described in this sec-
E./R. 10 E.’’ (‘‘Coloma’’ Quadrangle);          tion is ‘‘Linganore.’’
   (18) Thence north on the range line to         (b) Approved maps. The appropriate
its intersection with the township line         maps for determining the boundaries of
‘‘T. 11 N./T. 12 N.’’ (‘‘Coloma’’ Quad-         the Linganor viticultural area are five
rangle); and                                    U.S.G.S topographic maps. They are—
   (19) Thence west along the township            (1) ‘‘Walkersville Quadrangle, Mary-
line to the point of beginning                  land—Frederick Co.’’, 7.5 minute series,
(‘‘Coloma’’ and ‘‘Pilot Hill’’ Quad-            1953 (Photorevised 1979);
rangles).                                         (2) ‘‘Libertytown Quadrangle, Mary-
[T.D. ATF–152, 48 FR 46520, Oct. 13, 1983, as   land’’,    7.5   minute   series,   1944
amended by T.D. ATF–254, 52 FR 23651, June      (Photorevised 1971);
24, 1987]                                         (3) ‘‘Damascus Quadrangle, Mary-
                                                land’’,    7.5   minute   series,   1944
§ 9.62 Loramie Creek.                           (Photorevised 1979);
  (a)    Name.   The   name    of    the          (4) ‘‘Winfield Quadrangle, Maryland’’,
viticultural area described in this sec-        7.5 minute series, 1950 (Photorevised
tion is ‘‘Loramie Creek.’’                      1979); and

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                    § 9.64

  (5) ‘‘Union Bridge Quadrangle, Mary-       with longitude line 77 degrees 15 min-
land,’’    7.5  minute     series,    1953   utes;
(Photorevised 1971).                           (10) Then southerly 5,250 feet along
  (c)    Boundaries.   The     Linganore     longitude line 77 degrees 15 minutes to
viticultural area is located in north        the point of intersection with latitude
central Maryland and encompasses             line 39 degrees 30 minutes on the Union
parts of Frederick and Carroll Coun-         Bridge Quadrangle and Walkersville
ties. From the beginning point lying at      Quadrangle maps;
the confluence of Linganore Creek and          (11) Then southwesterly 46,750 feet in
the     Monocacy      River,    on     the   a straight line on the Walkersville
Walkersville Quadrangle map, the             Quadrangle map to the point of begin-
boundary runs—                               ning.
  (1) South-southeasterly 5,000 feet in a
                                             [T.D. ATF–140, 48 FR 37374, Aug. 18, 1983]
straight line to the point lying ap-
proximately 1,000 feet south of Inter-       § 9.64   Dry Creek Valley.
state Highway 70 at the intersection of
two unnamed light duty roads in the            (a)    Name.    The    name     of   the
town of Bartonsville;                        viticultural area described in this sec-
  (2) Then east-southeasterly 15,500 feet    tion is ‘‘Dry Creek Valley.’’
in a straight line to the point lying at       (b) Approved maps. The appropriate
the intersection of Mussetter Road and       maps for determining the boundaries of
latitude line 39 degrees 22 minutes 30       the Dry Creek Valley viticultural area
seconds;                                     are six U.S.G.S. topographic maps.
  (3) Then east-northeasterly 8,125 feet     They are—
in a straight line to the point lying at       (1) ‘‘Geyserville Quadrangle, Cali-
the intersection of Mill Road and State      fornia—Sonoma County,’’ 7.5 minute
Highway 144;                                 series, 1955 (Photorevised 1975);
  (4) Then easterly along State High-          (2) ‘‘Jimtown Quadrangle, Cali-
way 144 on the Walkersville Quad-            fornia—Sonoma County,’’ 7.5 minute
rangle, Libertytown Quadrangle, and          series, 1955 (Photorevised 1975);
Damascus Quadrangle maps to the                (3) ‘‘Healdsburg Quadrangle, Cali-
point of intersection with State High-       fornia—Sonoma County,’’ 7.5 minute
way 27, approximately midway between         series, 1955 (Photorevised 1980);
the towns of Ridgeville and Parrsville,        (4) ‘‘Guerneville Quadrangle, Cali-
on the Damascus Quadrangle map;              fornia—Sonoma County,’’ 7.5 minute
  (5) Then northeasterly along State         series, 1955;
Highway 27 on the Damascus Quad-               (5) ‘‘Cazadero Quadrangle, Cali-
rangle, Libertytown Quadrangle, and          fornia—Sonoma County,’’ 7.5 minute
Winfield Quadrangle maps to the point        series, 1978; and
of intersection with State Highway 26          (6) ‘‘Warm Springs Dam Quadrangle
in the town of Taylorsville on the Win-      (formerly     ‘Skaggs    Springs     Quad-
field Quadrangle map;                        rangle’), California—Sonoma County,’’
  (6) Then northerly 2,750 feet in a         7.5 minute series, 1978.
straight line to the point on a hill iden-     (c) Boundaries. The Dry Creek Valley
tified as having an elevation of 850 feet;   viticultural area is located in north
  (7) Then northwesterly 21,000 feet in a    central Sonoma County, California.
straight line to the point lying at the      From the beginning point lying at the
intersection of State Highway 31 and         intersection of latitude line 38 degrees
latitude line 39 degrees 30 minutes on       45 minutes and the east line of Section
the Libertytown Quadrangle and Union         4, Township 10 North (T. 10 N.), Range
Bridge Quadrangle maps;                      10 West (R. 10 W.) on the ‘‘Geyserville
  (8) Then westerly 15,625 feet along        Quadrangle’’ map, the boundary runs—
latitude line 39 degrees 30 minutes to         (1) Southeasterly in a straight line to
the point of intersection with Copper        the northeast corner of Section 9, T. 10
Mine Road;                                   N., R. 10 W.;
  (9) Then northwesterly along Copper          (2) Then southerly along the east line
Mine Road on the Union Bridge Quad-          of Section 9 to the southeast corner
rangle map to the point of intersection      thereof;

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§ 9.64                                                     27 CFR Ch. I (4–1–99 Edition)

  (3) Then S. 74 degrees, E. 2,800 feet in     intersection with the Russian River on
a straight line to the northeasterly tip       the ‘‘Healdsburg Quadrangle’’ map;
of a small unnamed lake;                         (17) Then southerly along the mean-
  (4) Then N. 57 degrees, E. 2,300 feet in     ders of the Russian River to the con-
a straight line to the southeast corner        fluence of Dry Creek;
of Section 10, T. 10 N., R. 10 W.;               (18) Then west-southwesterly 1,300
  (5) Then S. 16 degrees, E. 1,800 feet in     feet in a straight line to an unnamed
a straight line to the point on a peak         light duty road (known locally as Fore-
identified as having an elevation of 664       man Lane);
feet;                                            (19)   Then     westerly     along    the
  (6) Then S. 55 degrees, E. 7,900 feet in     unnamed light duty road, crossing
a straight line to the most northerly          West Dry Creek Road and passing Felta
point on the northeasterly line of             School, to the point of intersection
‘‘Olive Hill’’ cemetery lying on the eas-      with Felta Creek on the ‘‘Guerneville
terly side of Canyon Road;                     Quadrangle’’ map;
  (7) Then southeasterly along the               (20) Then southwesterly 18,000 feet
northeasterly line of ‘‘Olive Hill’’ cem-      along the meanders of Felta Creek to
etery to the most easterly point there-        the point lying at the intersection of
on;                                            three springs in T. 8 N., R. 10 W., ap-
  (8) Then S. 2 degrees, E. 3,100 feet in      proximately 300 feet east from the word
a straight line to the point in the west-      ‘‘Springs’’;
erly fork of Wood Creek lying at the             (21) Then S. 58 degrees, W. 15,000 feet
westerly terminus of a dirt road;              in a straight line to the southwest cor-
  (9) Then southerly 3,000 feet along          ner of Section 9, T. 8 N., R. 10 W.;
the west fork of Wood Creek to the               (22) Then northerly along the west
point lying 400 feet north of the point        line of Sections 9 and 4, T. 8 N., R. 10
on a peak identified as having an ele-         W., continuing along the west line of
vation of 781 feet;                            Section 33, T. 9 N., R. 10 W. to the
  (10) Then southerly 400 feet in a            northwest corner thereof;
straight line to the point on a peak             (23) Then westerly along the south
identified as having an elevation of 781       line of Sections 29 and 30, T. 9 N., R. 10
feet;                                          W. to the southwest corner of Section
  (11) Then S. 501⁄2 degrees, E. 15,500 feet   30 on the ‘‘Cazadero Quadrangle’’ map;
in a straight line to the point lying at         (24) Then northerly along the west
the intersection of Lytton Creek and           line of Sections 30 and 19, T. 9 N., R. 10
the township line common to T. 9 N.            W. to the northwest corner of Section
and T. 10 N. in R. 9 W.;                       19;
  (12) Then southerly along the mean-            (25) Then westerly along the south
ders of Lytton Creek to the point of           line of Section 13, T. 9 N., R. 11 W. to
intersection with Lytton Springs Road          the southwest corner thereof;
in T. 9 N., R. 9 W.;                             (26) Then southwesterly 14,200 feet in
  (13) Then easterly along Lytton              a straight line to the northeast corner
Springs Road to the point of intersec-         of Section 20, T. 9 N., R. 11 W.;
tion with U.S. Highway 101 (a.k.a. Red-          (27) Then westerly along the north
wood Highway) on the ‘‘Jimtown Quad-           line of Section 20 to the northwest cor-
rangle’’ map;                                  ner thereof;
  (14) Then southerly along U.S. High-           (28) Then northerly along the east
way 101 to the point of intersection           line of Sections 18, 7, and 6, T. 9 N., R.
with an unnamed light duty road                11 W., continuing along the east line of
(known locally as Chiquita Road) on            Sections 31, 30, 19, 18, 7, and 6, T. 10 N.,
the ‘‘Geyserville Quadrangle’’ map;            R. 11 W. to the point of intersection
  (15) Then easterly along the unnamed         with latitude line 38 degrees 45 minutes
light duty road to the point of intersec-      on the ‘‘Warm Springs Dam Quad-
tion with an unnamed heavy duty road           rangle’’ map; and
(known locally as Healdsburg Avenue)             (29) Then easterly along latitude line
on the ‘‘Jimtown Quadrangle’’ map;             38 degrees 45 minutes to the point of
  (16) Then southerly along the                beginning on the ‘‘Geyserville Quad-
unnamed heavy duty road through the            rangle’’ map.
town of Healdsburg to the point of             [T.D. ATF–137, 48 FR 35397, Aug. 4, 1983]

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                 § 9.66

§ 9.65 North Fork of Roanoke.               785, one quarter mile northeast of the
   (a)    Name.   The   name      of  the   intersections of State Routes 785 and
viticultural area described in this sec-    697.
tion is ‘‘North Fork of Roanoke.’’            (10) Then the boundary follows State
   (b) Approved maps. The appropriate       Route 784 back to the beginning point.
maps for determining the boundaries of      [T.D. ATF–129, 48 FR 16250, Apr. 15, 1983, as
the North Fork of Roanoke viticultural      amended by T.D. ATF–249, 52 FR 5958, Feb.
area are six U.S.G.S. Virginia, 7.5         27, 1987]
minute series maps. They are:
   (1) McDonalds Mill Quadrangle, 1965;     § 9.66   Russian River Valley.
   (2) Glenvar Quadrangle, 1965;               (a)   Name.   The    name      of the
   (3) Elliston Quadrangle, 1965;           viticultural area described in this sec-
   (4) Ironto Quadrangle, 1965;             tion is ‘‘Russian River Valley.’’
   (5) Blacksburg Quadrangle, 1965; and        (b) Approved maps. The appropriate
   (6) Newport Quadrangle, 1965.            maps for determining the boundaries of
   (c) Boundaries. The North Fork of Ro-    the Russian River Valley viticultural
anoke viticultural area is located in       area are the 1954 U.S.G.S. 7.5 minute
parts of Roanoke and Montgomery             series maps titled:
Counties in southern Virginia.
   (1) The point of the beginning is in     ‘‘Healdsburg Quadrangle, California’’
the north at the intersection of State      ‘‘Guerneville Quadrangle, California’’
Routes 785 and 697 in Roanoke County.       ‘‘Cazadero Quadrangle, California’’
   (2) Then the boundary follows State      ‘‘Duncans Mills Quadrangle, Cali-
Route 697 northeast over Crawford              fornia’’
Ridge to the intersection at State          ‘‘Camp Meeker Quadrangle, California’’
Route 624.                                  ‘‘Valley Ford Quadrangle, California’’
   (3) Then the boundary turns south-       ‘‘Sebastopol Quadrangle, California’’
west on State Route 624 along the           ‘‘Santa Rosa Quadrangle, California’’
boundary of the Jefferson National          ‘‘Mark West Springs Quadrangle, Cali-
Forest and then continues across the           fornia’’
Montgomery County line to U.S. 460          ‘‘Jimtown Quadrangle, California’’
(business).
                                               (c) Boundaries. The Russian River
   (4) Then the boundary follows U.S.
                                            Valley viticultural area is located in
Route 460 (business) south through the
                                            Sonoma County, California.
town of Blacksburg.
   (5) Then the boundary continues on          (1) Starting point Healdsburg map-
U.S. Route 460 (bypass) to the intersec-    Healdsburg Avenue Bridge over the
tion of U.S. Route 460 East, where it       Russian River at Healdsburg. Proceed
turns east for approximately one mile       south along Russian River to the point
to the intersection of U.S. Interstate      where Russian River and Dry Creek
Highway 81 at Interchange 37.               converge, from this point proceed west
   (6) Then the boundary continues          in a straight line to Forman Lane.
northeast on Interstate Highway 81 to          (2) Proceed west along Foreman Lane
its intersection with State Route 603 at    to where it crosses Westside Road and
interchange 38.                             becomes Felta School Road.
   (7) Then the boundary continues             (3) Proceed west on Felta School
northwest on State Route 603 to its         Road to the point where it crosses
intersection with State Route 629.          Felta Creek.
   (8) Then the boundary follows State         (4) Proceed 18000′ up Felta Creek to
Route 629 (which later becomes State        its headwaters as shown on the
Route 622 north of Brandshaw Creek) 2       Guerneville, map as ‘‘Springs.’’
miles across the Roanoke County line           (5) Proceed southwest in a straight
to where it intersects the Chesapeake       line 58 degrees W 27000′ to an intersec-
and Potomac Telephone Company               tion with Hulbert Creek on the
right-of-way.                               Cazadero map.
   (9) Then the boundary turns north-          (6) Proceed south and southeast
west along the C & P right-of-way over      along Hulbert Creek to the point where
Pearis Mountain to the point where the      it intersects California Hwy 116 on the
right-of-way intersects State Route         Duncan Mills map.

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§ 9.67                                                 27 CFR Ch. I (4–1–99 Edition)

  (7) Proceed in a westerly direction        (22) Proceed west in a straight line
along California Hwy 116 to Monte Rio      from hill top 530′ elv. to hill top 447′
where it intersects the Bohemian Hwy.      elv.
  (8) Proceed southeast along the Bohe-      (23) Proceed west in a straight line
mian Hwy onto the Camp Meeker Map          from hill top 447′ elv. to the point
and then the Valley Ford map to the        where Alexander Valley Road meets
town of Freestone where it intersects      Healdsburg Avenue.
the Bodega Road.                             (24) Proceed south along Healdsburg
  (9) Proceed northeast along the          Avenue through the city of Healdsburg
Bodega Road onto the Sebastopol map        on the Healdsburg map to the point
to the city of Sebastopol where it be-     where it crosses the Russian River at
comes California Hwy 12 then north-        the point of beginning.
east along California Hwy 12 to its        [T.D. ATF–159, 48 FR 48813, Oct. 21, 1983, as
intersection with Wright Road.             amended by T.D. ATF–249, 52 FR 5959, Feb.
  (10) Proceed north along Wright Road     27, 1987]
to where it becomes Fulton Road and
into the town Fulton to where in inter-    § 9.67   Catoctin.
sects River Road.                            (a)    Name.   The    name      of  the
  (11) Proceed east along River Road to    viticultural area described in this sec-
its intersection with Mark West            tion is ‘‘Catoctin.’’
Springs Road.                                (b) Approved maps. The appropriate
  (12) Proceed north east along Mark       maps for determining the boundaries of
West Springs Road through the Santa        the Catoctin viticultural area are 12
Rosa map and onto the Mark West map        U.S.G.S. maps in the scale 1:24,000.
to where it becomes Porter Creek Road      They are—
and onto its intersection with Franz         (1) ‘‘Point of Rocks Quadrangle,
Valley Road.                               Maryland—Virginia,’’ 7.5 minute series,
  (13) Proceed in a northerly direction    1970;
along Franz Vally Road to the north-         (2) ‘‘Buckeystown Quadrangle, Mary-
erly most crossing of Franz Creek.         land,’’     7.5  minute    series,   1952
                                           (Photorevised 1971);
  (14) Proceed west along Franz Creek
until it intersects the line separating      (3) ‘‘Frederick Quadrangle, Mary-
                                           land,’’     7.5  minute    series,   1953
Section 21 and Section 22.
                                           (Photorevised 1980);
  (15) Proceed south on this line sepa-
                                             (4) ‘‘Catoctin Furnace Quadrangle,
rating Section 21 and 22 to the corner
                                           Maryland,’’ 7.5 minute series, 1953
common to Section 21 and 22 and Sec-
                                           (Photorevised 1979);
tion 27 and 28.
                                             (5) ‘‘Blue Ridge Summit Quadrangle,
  (16) Proceed west from the common        Maryland—Pennsylvania,’’ 7.5 minute
corner of Section 21 and 22 and 27 and     series, 1953 (Photorevised 1971);
28 and in a straight line to the peak of     (6) ‘‘Emmitsburg Quadrangle, Mary-
Chalk Hill on the Healdsburg map.          land—Pennsylvania,’’ 7.5 minute series,
  (17) Proceed west from the peak of       1953 (Photorevised 1971);
Chalk Hill in a straight line to the         (7) ‘‘Smithsburg Quadrangle, Mary-
point where Brooks Creek joins the         land—Pennsylvania,’’ 7.5 minute series,
Russian River.                             1953 (Photorevised 1971);
  (18) Proceed north west in a straight      (8) ‘‘Myersville Quadrangle, Mary-
line 8000′ to a peak marked 772′ elv. on   land,’’     7.5  minute    series,   1953
the Jimtown map.                           (Photorevised 1971);
  (19) Proceed north west in a straight      (9) ‘‘Funkstown Quadrangle, Mary-
line from hill top 772′ elv. to hill top   land,’’     7.5  minute    series,   1953
596′′ elv.                                 (Photorevised 1971);
  (20) Proceed north west in a straight      (10) ‘‘Keedysville Quadrangle, Mary-
line from hill top 596′ elv. to hill top   land—West Virginia,’’ 7.5 minute se-
516′ elv.                                  ries, 1978;
  (21) Proceed north west in a straight      (11) ‘‘Harpers Ferry Quadrangle, Vir-
line from hill top 516′ elv. to hill top   ginia—Maryland—West Virginia,’’ 7.5
530′ elv.                                  minute series, 1969; and

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                  § 9.68

  (12) ‘‘Charles Town Quadrangle, West         (8) Then northerly along Mount Briar
Virginia—Virginia—Maryland,’’          7.5   Road to the point of intersection with
minute series, 1978;                         a 500-foot contour line;
  (13) ‘‘Middletown Quadrangle, Mary-          (9) Then northerly along the 500-foot
land,’’    7.5   minute    series,   1953    contour line to the point of intersec-
(photorevised 1979);                         tion with Red Hill Road;
  (c)     Boundaries.    The    Catoctin       (10) Then southerly along the 500-foot
viticultural area is located in western      contour line to the point of intersec-
Maryland and encompasses parts of            tion with Porterstown Road;
Frederick and Washington Counties.             (11) Then south-southwesterly 29,000
From the beginning point at the point        feet in a straight line to the most east-
where U.S. Highway 15 crosses the Po-        ern point on the boundary line of the
tomac River and enters the land mass         Chesapeake and Ohio Canal National
of Maryland on the ‘‘Point of Rocks          Historical Park lying north of the town
Quadrangle’’ map, the boundary runs—         of Dargan;
  (1) Northerly 1,100 feet in a straight       (12) Then southwesterly 7,500 feet in a
line to the point of intersection with a     straight line to the point of the ‘‘Harp-
500-foot contour line;                       ers Ferry Quadrangle’’ map lying ap-
  (2) Then northeasterly along the me-       proximately 600 feet northwest of
anders of the 500-foot contour line on       Manidokan Camp at the confluence of
the ‘‘Point of Rocks Quadrangle,’’           an unnamed stream and the Potomac
‘‘Buckeystown Quadrangle,’’ ‘‘Fred-          River; and
erick Quadrangle,’’ ‘‘Catoctin Furnace         (13) Then easterly along the mean-
Quadrangle,’’ ‘‘Blue Ridge Summit            ders of the Potomac River on the
Quadrangle,’’ and ‘‘Emmitsburg Quad-         ‘‘Harpers Ferry Quadrangle,’’ ‘‘Charles
rangle’’ maps to the point of intersec-      Town Quadrangle,’’ and ‘‘Point of
tion with the Maryland—Pennsylvania          Rocks Quadrangle’’ maps to the point
State line on the ‘‘Emmitsburg Quad-         of beginning.
rangle’’ map;                                [T.D. ATF–154, 48 FR 46523, Oct. 13, 1983, as
  (3) Then west along the Maryland-          amended by T.D. ATF–249, 52 FR 5959, Feb.
Pennsylvania State line on the ‘‘Em-         27, 1987]
mitsburg Quadrangle,’’ ‘‘Blue Ridge
Summit           Quadrangle,’’       and     § 9.68 Merritt Island.
‘‘Smithsburg Quadrangle’’ maps to the           (a)   Name.    The    name     of   the
point of intersection with the first 800-    viticultural area described in this sec-
foot contour line lying west of South        tion is ‘‘Merritt Island.’’
Mountain on the ‘‘Smithsburg Quad-              (b) Approved maps. The appropriate
rangle’’ map;                                maps for determining the boundaries of
  (4) Then southwesterly along the me-       the Merritt Island viticultural area are
anders of the 800-foot contour line on       two U.S.G.S. maps, 7.5 minute series.
the       ‘‘Smithburg      Quadrangle,’’     They are entitled:
‘‘Myersville Quadrangle,’’ ‘‘Funkstown          (1) ‘‘Clarksburg Quadrangle, Cali-
Quadrangle,’’ and ‘‘Keedysville Quad-        fornia,’’ 1967 (Photo revised 1980); and
rangle’’ maps to the point of intersec-         (2) ‘‘Courtland Quadrangle, Cali-
tion with an unnamed light duty road         fornia,’’ 1978.
(known locally as Clevelandville Road)          (c) Boundaries. The Merritt Island
north of the town of Clevelandville on       viticultural area is located in Yolo
the ‘‘Keedysville Quadrangle’’ map;          County, California, six miles south of
  (5)    Then    southerly   along    the    the City of Sacramento. The bound-
unnamed light duty road to the point         aries of the Merritt Island viticultural
of intersection with Reno Monument           area, using landmarks and points of
Road;                                        reference found on the appropriate
  (6) Then southwesterly 13,500 feet in a    U.S.G.S. maps, are as follows:
straight line to the point lying at the         (1) Starting at the most southernly
intersection    of    Highway   67   and     point, the intersection of Sutter
Millbrook Road;                              Slough with the Sacramento River.
  (7) Then westerly along Millbrook             (2) Then west along the course of
Road to the point of intersection with       Sutter Slough for 0.54 miles until it
Mount Briar Road;                            intersects Elk Slough.

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§ 9.69                                                     27 CFR Ch. I (4–1–99 Edition)

  (3) Then northeast along the course          mountain (elevation 2172 feet), an
of Elk Slough for 9.58 miles to the com-       unnamed mountain (elevation 2363
munity of Clarksburg and the intersec-         feet), to the peak of Toppenish Moun-
tion of Sacramento River.                      tain (elevation 3609 feet);
  (4) Then southeasterly along the               (8) Then northwest in straight line
course of the Sacramento River for 7.8         for approximately 9.3 miles to the
miles to the beginning point.                  lookout tower at Fort Simcoe Histor-
                                               ical State Park;
[T.D. ATF–134, 48 FR 22146, May 17, 1983, as
amended by T.D. ATF–249, 52 FR 5959, Feb.
                                                 (9) Then north in a straight line for
27, 1987]                                      approximately     11.7   miles   to   an
                                               unnamed peak, (elevation 3372 feet);
§ 9.69 Yakima Valley.                          and
   (a)   Name.    The     name     of    the     (10) Then east following Ahtanum
viticultural area described in this sec-       Ridge, crossing unnamed peaks of 2037
tion is ‘‘Yakima Valley.’’                     feet elevation, 2511 feet elevation, 2141
   (b) Approved maps. The approved             feet elevation, to the Wapato Dam at
maps for determining the boundary of           the point of beginning.
the Yakima Valley viticultural area            [T.D. ATF–128, 48 FR 14375, Apr. 4, 1983]
are two U.S.G.S. maps. They are enti-
tled:                                          § 9.70 Northern Sonoma.
   (1) ‘‘Walla Walla, Washington,’’               (a)   Name.   The     name   of   the
scaled 1:250,000, edition of 1953, limited     viticultural area described in this sec-
revision 1963; and                             tion is ‘‘Northern Sonoma.’’
   (2) ‘‘Yakima, Washington,’’ scaled             (b) Approved maps. The approved
1:250,000, edition of 1958, revised 1971.      maps for determining the boundary of
   (c) Boundaries. The Yakima Valley           the Northern Sonoma viticultural area
viticultural area is located in Benton         are the U.S.G.S. Topographical Map of
and Yakima Counties, Washington. The           Sonoma County, California, scale
beginning point is found on the                1:100,000, dated 1970, the Asti Quad-
‘‘Yakima, Washington,’’ U.S.G.S. map           rangle, California, 7.5 minute series
at the Wapato Dam located on the               (Topographic)      Map,    dated    1959,
Yakima River.                                  photorevised 1978, and the Jimtown
   (1) Then east following the crest of        Quadrangle, California-Sonoma Coun-
the Rattlesnake Hills across Elephant          ty, 7.5 Minute series (Topographic)
Mountain, Zillah Peak, High Top (ele-          Map, dated 1955, photorevised 1975.
vation 3031 feet), and an unnamed                 (c) Boundary. The Northern Sonoma
mountain (elevation 3629 feet) to the          Viticultural area is located in Sonoma
Bennett Ranch;                                 County, California. The boundary de-
   (2) Then due east approximately 0.2         scription in paragraphs (c)(1) through
mile to the boundary of the Hanford            (c)(28) of this section includes (in pa-
Atomic Energy Commission Works;                rentheses) the local names of roads
   (3) Then southeast following the            which are not identified by name on
boundary of the Hanford AEC Works              the map.
along the Rattlesnake Hills to the                (1) On the U.S.G.S. Topographical
Yakima River;                                  Map of Sonoma County, California, the
   (4) Then southeast across the top of        beginning point is the point, in the
Red Mountain to the peak of Badger             town of Monte Rio, at which a sec-
Mountain;                                      ondary highway (Bohemian Highway)
   (5) Then due south for approximately        crosses the Russian River.
4.9 miles to the 1000 foot contour line           (2) The boundary follows this sec-
immediately south of the Burlington            ondary highway (Bohemian Highway)
Northern Railroad (indicated on map            southeasterly     across   the   Russian
as the Northern Pacific Railroad);             River, along Dutch Bill Creek, through
   (6) Then west following the 1000 foot       the towns of Camp Meeker, Occidental,
contour line to its intersection with          and Freestone, then northeasterly to
U.S. Highway 97 immediately west of            the point at which it is joined by State
Hembre Mountain;                               Highway 12.
   (7)   Then     west     following     the      (3) The boundary follows State High-
Toppenish Ridge, across an unnamed             way 12 through the town of Sebastopol

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Bureau of Alcohol, Tobacco and Firearms, Treasury                               § 9.70

to the point, near a bench mark at ele-         (13) The boundary proceeds westerly
vation 96 feet, at which it intersects a     along latitude line 38 degrees 45 min-
northbound secondary highway (Fulton         utes to the point lying at 122 degrees 52
Road) leading toward the town of Ful-        minutes 30 seconds longitude.
ton.                                            (14) The boundary proceeds north-
  (4) The boundary follows this sec-         westerly in a straight line to the
ondary highway (Fulton Road) north to        southeast corner of section 4, Township
the town of Fulton where it intersects       11 North, Range 10 West, on the Asti,
an east-west secondary highway (River        Quadrangle map.
Road).                                          (15) The boundary proceeds north-
  (5) The boundary follows this sec-         easterly in a straight line to the south-
ondary highway (River Road)—                 east corner of section 34, Township 12
  (i) East past U.S. Highway 101 (where      North, Range 10 West.
the name of this secondary highway
                                                (16) The boundary proceeds north
changes to Mark West Springs Road),
                                             along the east boundary of section 34,
  (ii) Easterly, then northerly to the
                                             Township 12 North, Range 10 West on
town of Mark West Springs (where the
name of this secondary highway               the U.S.G.S. Topographical Map of
changes to Porter Road),                     Sonoma County, California, to the
  (iii) Easterly to the town of Petrified    Sonoma County-Mendocino County
Forest (where the name of this sec-          line.
ondary highway changes to Petrified             (17) The boundary proceeds along the
Forest Road), and                            Sonoma County-Mendocino County
  (iv) Northeasterly to the Sonoma           line west then south to the southwest
County-Napa County line.                     corner of section 34, Township 12
  (6) The boundary follows the Sonoma        North, Range 11 West.
County-Napa County line northerly to            (18) The boundary proceeds in a
the Sonoma County-Lake County line.          straight line east southeasterly to the
  (7) The boundary follows the Sonoma        southeast corner of section 2, Township
County-Lake County line northwest-           11 North, Range 11 West.
erly to the section line on the north           (19) The boundary proceeds in a
side of Section 11, Township 10 North,       straight line south southeasterly to
Range 8 West.                                the southeast corner of section 24,
  (8) The boundary follows this section      Township 11 North, Range 11 West.
line west to the northwest corner of            (20) The boundary proceeds in a
Section 9, Township 10 North, Range 8,       straight line southeasterly across sec-
West.                                        tions 30, 31, and 32 in Township 11
  (9) The boundary follows the section       North, Range 10 West, to the point at
line south to the southwest corner of        38 degrees 45 minutes North latitude
Section 4, Township 9 North, Range 8,        parallel and 123 degrees 00 minutes
West.                                        East longitude in section 5, Township
  (10) The boundary proceeds northerly       10 North, Range 10 West.
along the western lines of section 4, of
                                                (21) The boundary proceeds along this
Township 9 North, Range 8 West, and
                                             latitude parallel west to the west line
sections 33, 28, 21, 16, and 9 of Township
                                             of section 5, Township 10 North, Range
10 North, Range 8 West of the Jimtown
                                             11 West.
Quadrangle map.
  (11) The boundary proceeds westerly           (22) The boundary proceeds along the
along the northern lines of sections 8       section line south to the southeast cor-
and 7, Township 10 North, Range 8 West       ner of section 18, Township 9 North,
and section 12, Township 10 North,           Range 11 West.
Range 9 West to the southeastern cor-           (23) The boundary proceeds in a
ner of section 2, Township 10 North,         straight line southwesterly approxi-
Range 9 West.                                mately 5 miles to the peak of Big Oat
  (12) The boundary proceeds north-          Mountain, elevation 1,404 feet.
westerly in a straight line to the east-        (24) The boundary proceeds in a
ern line of section 3 at 38 degrees 45       straight line southerly approximately
minutes latitude, Township 10 North,         23⁄4 miles to the peak of Pole Mountain,
Range 9 West.                                elevation 2,204 feet.

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§ 9.71                                                     27 CFR Ch. I (4–1–99 Edition)

  (25) The boundary proceeds in a              northwest) to the intersection of the
straight line southeasterly approxi-           Gasconade River.
mately 43⁄4 miles to the confluence of           (7) Then northeast along the course
Austin Creek and the Russian River.            of the Gasconade River approximately
  (26) The boundary proceeds along the         3.8 miles to the beginning point.
Russian River northeasterly, then
                                               [T.D. ATF–136, 48 FR 37372, Aug. 18, 1983, as
southeasterly to the beginning point.
                                               amended by T.D. ATF–249, 52 FR 5959, Feb.
[T.D. ATF–204, 50 FR 20562, May 17, 1985, as   27, 1987]
amended by T.D. ATF–233; 51 FR 30354, Aug.
26, 1986; T.D. ATF–300, 55 FR 32402, Aug. 9,   § 9.72   Southeastern New England.
1990]
                                                 (a)    Name.   The     name     of   the
§ 9.71 Hermann.                                viticultural area described in this sec-
                                               tion is ‘‘Southeastern New England.’’
  (a)    Name.    The   name     of   the
                                                 (b) Approved maps. The approved
viticultural area described in this sec-
                                               maps for determining the boundary of
tion is ‘‘Hermann.’’
                                               the     Southeastern      New     England
  (b) Approved maps. The appropriate           viticultural area are three U.S.G.S.
maps for determining the boundaries of
                                               maps. They are entitled:
the Hermann viticultural area are six
                                                 (1) ‘‘Boston, Mass.; N.H.; Conn.; R.I.;
U.S.G.S. Missouri Quadrangle maps, 7.5
                                               Maine’’, scaled 1:250,000, edition of 1956,
minute series. They are entitled:
                                               revised 1970;
  (1) Hermann (1974).
  (2) Berger (1974).                             (2) ‘‘Hartford, Conn.; N.Y.; N.J.;
                                               Mass.’’, scaled 1:250,000, edition of 1962,
  (3) Gasconade (1974).
                                               revised 1975; and
  (4) Pershing (1974).
                                                 (3) ‘‘Providence, R.I.; Mass.; Conn.;
  (5) Swiss (1973).
                                               N.Y.’’, scaled 1:250,000, edition of 1947,
  (6) Dissen (1973).
                                               revised 1969.
  (c)     Boundaries.   The     Hermann
viticultural area is located in central          (c) Boundaries. The Southeastern New
Missouri along and south of the Mis-           England viticultural area is located in
souri River, in the northern portions of       the counties of New Haven, New Lon-
Gasconade and Franklin Counties. The           don, and Middlesex in Connecticut; in
boundaries of the Hermann viticultural         the counties of Bristol, Newport, Provi-
area, using landmarks and points of            dence, and Washington, in Rhode Is-
reference found on the appropriate             land; and in the counties of Barnstable,
U.S.G.S. maps, are as follows:                 Bristol, Dukes, Nantucket, Norfolk,
  (1) Starting at the intersection of the      and Plymouth in Massachusetts. The
Gasconade River with the Missouri              beginning point is found on the ‘‘Hart-
River.                                         ford’’ U.S.G.S. map in New Haven Har-
                                               bor;
  (2) Then continuing east and north-
east approximately 16.5 miles along the          (1)    Then   north     following    the
Missouri River Pacific Railroad, as it         Quinnipiac River to U.S. Interstate 91;
parallels the Missouri River, to the             (2) Then east following U.S. Inter-
Gasconade/Franklin County line.                state 91 to Connecticut Highway 80;
  (3) Then continuing along the Mis-             (3) Then east following Connecticut
souri Pacific Railroad southeast ap-           Highway 80 to Connecticut Highway 9
proximately 8.5 miles to the intersec-         near Deep River;
tion Big Berger Creek.                           (4) Then north following Connecticut
  (4) Then southwest along the winding         Highway 9 to Connecticut Highway 82;
course of Big Berger Creek for approxi-          (5) Then north, east, south and east
mately 20 miles (eight miles due south-        following Connecticut Highway 82 and
west) to Township line T.44/45N.               182 to Connecticut Highway 2 in Nor-
  (5) Then west along the T.44/45N. line       wich;
approximately 15.5 miles to the inter-           (6) Then east following Connecticut
section of First Creek.                        Highway 2 to Connecticut Highway 165;
  (6) Then north and northwest along             (7) Then east following Connecticut
the course of First Creek approxi-             and Rhode Island Highway 165 to Inter-
mately 13.7 miles (6.5 miles straight          state Highway 95 near Millville;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                       § 9.74

  (8) Then north following Interstate          on the ‘‘Providence’’ U.S.G.S. map, and
Highway 95 to the Kent County-Wash-            the viticultural area comprises the en-
ington County boundary;                        tire area of the islands.
  (9) Then east following the Kent
                                               [T.D. ATF–193, 50 FR 256, Jan 3, 1985]
County-Washington County boundary
into Narragansett Bay;                         § 9.74   Columbia Valley.
  (10) Then north through Narragansett
Bay, the Providence River, and the               (a)    Name.    The    name     of    the
Blackstone River to the Rhode Island-          viticultural area described in this sec-
Massachusetts State boundary;                  tion is ‘‘Columbia Valley.’’
  (11) Then east and south following             (b) Approved maps. The approved
the Rhode Island-Massachusetts State           maps for determining the boundary of
boundary      to  the   Norfolk-Bristol        the Columbia Valley viticultural area
(Mass.) County boundary;                       are nine 1:250,000 scale U.S.G.S. maps.
  (12) Then northeast following the            They are entitled:
Norfolk-Bristol (Mass.) County bound-            (1) ‘‘Concrete, Washington, U.S.;
ary to the Amtrak right-of-way (Penn           British Columbia, Canada,’’ edition of
Central on map) northeast of Mans-             1955, limited revision 1962;
field;                                           (2) ‘‘Okanogan, Washington,’’ edition
  (13) Then north following the Amtrak         of 1954, limited revision 1963;
right-of-way to the Neponset River im-           (3) ‘‘Pendleton, Oregon, Washington,’’
mediately east of the Norwood Memo-            edition of 1953, revised 1973;
rial Airport;                                    (4) ‘‘Pullman, Washington, Idaho,’’
  (14) Then northeast following the            edition of 1955, revised 1974;
Neponset River into Dorchester Bay;              (5) ‘‘Ritzville, Washington,’’ edition
  (15) Then east following the Norfolk-        of 1953, limited revision 1965;
Suffolk County boundary, and the                 (6) ‘‘The Dalles, Oregon, Wash-
Plymouth-Suffolk County boundary               ington,’’ edition of 1953, revised 1971;
into Massachusetts Bay;                          (7) ‘‘Walla Walla, Washington, Or-
  (16) Then returning to the point of          egon,’’ edition of 1953, limited revision
beginning by way of Massachusetts              1963;
Bay, the Atlantic Ocean, Block Island            (8) ‘‘Wenatchee, Washington,’’ edition
Sound and Long Island Sound; and in-           of 1957, revised 1971; and
cluding all of the offshore islands in           (9) ‘‘Yakima, Washington,’’ edition of
Norfolk, Plymouth, Barnstable, Nan-            1958, revised 1971.
tucket, Dukes, and Bristol Counties,             (c) Boundaries. The Columbia Valley
Massachusetts; all offshore islands in         viticultural area is located in Adams,
Rhode Island; and all offshore islands         Benton, Chelan, Columbia, Douglas,
in Connecticut east of the Quinnipiac          Ferry, Franklin, Garfield, Grant,
River.                                         Kittitas, Klickitat, Lincoln, Okanogan,
[T.D. ATF–169, 49 FR 11830, Mar. 28, 1984]     Stevens, Walla Walla, Whitman, and
                                               Yakima Counties, Washington, and in
§ 9.73 Martha’s Vineyard.                      Gilliman, Morrow, Sherman, Umatilla,
   (a)   Name.    The    name   of   the       and Wasco Counties, Oregon. The be-
viticultural area described in this sec-       ginning point is found on ‘‘The Dalles’’
tion is ‘‘Martha’s Vineyard.’’                 U.S.G.S. map at the confluence of the
   (b) Approved maps. The approved map         Klickitat and Columbia Rivers:
for determining the boundary of the              (1) Then north and east following the
Martha’s Vineyard viticultural area is         Klickitat and Little Klickitat Rivers
the U.S.G.S. map, ‘‘Providence, R.I.;          to U.S. Highway 97 northeast of
Mass.; Conn.; N.Y.;’’ scaled 1:250,000,        Goldendale;
edition of 1947 revised 1969.                    (2) Then north following U.S. High-
   (c) Boundaries. The Martha’s Vine-          way 97 to the 1,000′ contour line south-
yard viticultural area is located en-          west of Hembre Mountain;
tirely within Dukes County, Massachu-            (3)    Then     west    following     the
setts. The boundary of the Martha’s            Toppenish Ridge, across unnamed
Vineyard viticultural area is the shore-       mountains of 2,172′ and 2,363′ elevation,
line of the islands named ‘‘Martha’s           to the peak of Toppenish Mountain,
Vineyard’’ and ‘‘Chappaquiddic Island’’        elevation 3,609′;

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§ 9.74                                                 27 CFR Ch. I (4–1–99 Edition)

  (4) Then northwest in a straight line      approximately 2.1 miles to the 2,000′
for approximately 11.3 miles to the          contour line immediately east of Lake
intersection of Agency Creek with the        Chelan;
township line between R. 15 E. and R.          (19) Then southeast and north fol-
16 E.;                                       lowing the 2,000′ contour line (begin-
  (5) Then north following the town-         ning in the ‘‘Wenatchee’’ U.S.G.S. map,
ship line between R. 15 E. and R. 16 E.      passing through the ‘‘Ritzville’’ and
to the Tieton River;                         ‘‘Okanogan’’ maps, and ending in the
  (6) Then northeast following the           ‘‘Concrete’’ map) to the point where
Tieton River to the confluence with          the 2,000′ contour line intersects the
the Naches River;                            township line between T. 30 N. and T.
  (7) Then east in a straight line for ap-   31 N. immediately west of Methow;
proximately 15.3 miles to the intersec-        (20) Then east following the township
tion of the 46° 45′ latitude line with the   line between T. 30 N. and T. 31 N. for
Yakima River;                                approximately 20.2 miles to the 2,000′
  (8) Then north following the Yakima        contour line east of Monse;
River to the confluence with the North         (21) Then south and east following
Branch Canal approximately one mile          the 2,000′ contour line to the township
northwest of Throp;                          line between T. 30 N. and T. 31 N. west
  (9) Then north, east, and southeast        of Alkali Lake;
following the North Branch Canal to            (22) Then northeast in a straight line
its intersection with U.S. Interstate 90     for approximately 10.7 miles to the
in Johnson Canyon;                           point of intersection of the 2,000′ con-
  (10) Then east following U.S. Inter-       tour line with Coyote Creek;
state 90 to the Columbia River;                (23) Then east, north, south, east, and
  (11) Then north following the Colum-       north following the 2,000′ contour line
bia River to the township line between       to the township line between T. 29 N.
T. 21 N. and T. 22 N. immediately north      and T. 30 N. immediately west of the
of the Rock Island Dam;                      Sanpoil River;
  (12) Then west following the township        (24) Then east following the township
line between T. 21 N. and T. 22 N. for       line between T. 29 N. and T. 30 N. for
approximately 7.1 miles (from the west       approximately 2.3 miles to the 2,000′
shore of the Columbia River) to the          contour line immediately east of the
2,000′ contour line immediately west of      Sanpoil River;
Squilchuck Creek;                              (25) Then south, east, and north fol-
  (13) Then north and west following         lowing the 2,000′ contour line to the
the 2,000′ contour line to the township      township line between T. 29 N. and T 30
line between R. 18 E. and R. 19 E. west      N. at Ninemile Flat;
of the landing area at Cashmere-Dry-           (26) Then east following the township
den;                                         line between T. 29 N. and T. 30 N. for
  (14) Then north following the town-        approximately 10.7 miles to the town-
ship line between R. 18 E. and R. 19 E.      ship line between R. 36 E. and R. 37 E.;
for approximately 4.4 miles to the 2,000′      (27) Then south following the town-
contour line in Ollala Canyon;               ship line between R. 36 N. and R. 37 E.
  (15) Then east, north, and northwest       to the township line between T. 26 N.
following the 2,000′ contour line to the     and T. 27 N.;
township line between R. 19 E. and R.          (28) Then west following the township
20 E. immediately west of Ardenoir;          line between T. 26 N. and T. 27 N. to
  (16) Then north following the town-        Banks Lake;
ship line between R. 19 E. and R. 20 E         (29) Then south following Banks Lake
for approximately 2.8 miles to the 2,000′    to Dry Falls Dam;
contour line immediately north of the          (30) Then west and south following
secondary road;                              U.S. Highway 2 and Washington High-
  (17) Then southwest and north fol-         way 17 to the intersection with Wash-
lowing the 2,000′ contour line to the        ington Highway 28 in Soap Lake;
township line between T. 28 N. and T.          (31) Then southeast in a straight line
29 N.;                                       for approximately 4.7 miles to the
  (18) Then east following the township      source of Rocky Ford Creek near a fish
line between T. 28 N. and T. 29 N. for       hatchery;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                  § 9.75

  (32) Then south following Rocky Ford     the township line between T. 1 S. and
Creek and Moses Lake to U.S. Inter-        T. 2 S.;
state 90 southwest of the town of Moses      (49) Then west following the township
Lake;                                      line between T. 1 S. and T. 2 S. to the
  (33) Then east following U.S. Inter-     Deschutes River;
state 90 to the Burlington Northern          (50) Then north following the
(Northern Pacific) Railroad right-of-      Deschutes River to the Willamette
way at Raugust Station;                    Base Line;
  (34) Then south following the Bur-         (51) Then west following the Willam-
lington Northern (Northern Pacific)        ette Base Line to the township line be-
Railroad right-of-way to Washington        tween R. 12 E. and R. 13 E.;
Highway 260 in Connell;                      (52) Then north following the town-
  (35) Then east following Washington      ship line between R. 12 E. and R. 13. to
Highway 260 through Kahlotus to the        the Columbia River;
intersection with Washington Highway         (53) Then west following the Colum-
26 in Washtucna;                           bia River to the confluence with the
  (36) Then east following Washington      Klickitat River and the point of begin-
Highways 26 and 127 through La Crosse      ning.
and Dusty to the intersection with U.S.    [T.D. ATF–190, 49 FR 44897, Nov. 13, 1984, as
Highway 195 at Colfax;                     amended by T.D. ATF–249, 52 FR 5959, Feb.
  (37) Then south following U.S. High-     27, 1987; 52 FR 10224, Mar. 31, 1987; T.D. ATF–
way 195 to the Washington-Idaho State      344, 58 FR 40354, July 28, 1993]
boundary;
  (38) Then south following the Wash-      § 9.75 Central Coast.
ington-Idaho State boundary to the            (a)   Name.    The    name   of   the
Snake River and continuing along the       viticultural area described in this sec-
Snake River to the confluence with         tion is ‘‘Central Coast.’’
Asotin Creek;                                 (b) Approved maps. The approved
  (39) Then west following Asotin          maps for determining the boundary of
Creek and Charley Creek to the town-       the Central Coast viticultural area are
ship line between R. 42 E. and R. 43 E.;   the following 18 U.S.G.S. topographic
  (40) Then north following the town-      maps:
ship line between R. 42 E. and R. 43 E.       (1) Monterey, California (formerly,
to Washington Highway 128 in Peola;        the Santa Cruz map), scale 1:250,000, NJ
  (41) Then north following Washington     10–12, dated 1974;
Highway 128 to the intersection with          (2) Watsonville East, Calif. Quad-
U.S. Highway 12 in Pomeroy;                rangle, Scale 1:24,000, dated 1955,
  (42) Then west following U.S. High-      photorevised 1968;
way 12 for approximately 5 miles to the       (3) Mt. Madonna, Calif. Quadrangle,
intersection with Washington Highway       Scale 1:24,000, dated 1955, photorevised
126 [in Zumwalt];                          1980;
  (43) Then southwest following Wash-         (4) Loma Prieta, Calif. Quadrangle,
ington Highway 126 and U.S. Highway        Scale 1:24,000, dated 1955, photorevised
12 through Marengo, Dayton, and            1968;
Waitsburg to Dry Creek in Dixie;              (5) Morgan Hill, Calif. Quadrangle,
  (44) Then south in a straight line for   Scale 1:24,000, dated 1955, photorevised
approximately 1.5 miles to the 2000′       1980;
contour line marking the watershed be-        (6) Santa Teresa Hills, Calif. Quad-
tween Dry Creek and Spring Creek;          rangle, Scale 1:24,000, dated 1953,
  (45) Then south and southwest fol-       photorevised 1968;
lowing the 2000′ contour line to the          (7) Los Gatos, Calif. Quadrangle,
place where it crosses Oregon Highway      Scale 1:24,000, dated 1953, photorevised
74 in Windmill, Oregon;                    1980;
  (46) Then west following Oregon             (8) Castle Rock Ridge, Calif. Quad-
Highway 74 to Highway 207 in Heppner;      rangle, Scale 1:24,000, dated 1955,
  (47) Then southwest following Oregon     photorevised 1968, photoinspected 1973;
Highway 207 to Highway 206 in Ruggs;          (9) San Jose, California, scale
  (48) Then northwest following Oregon     1:250,000, NJ 10–9, dated 1962, revised
Highway 206 to the intersection with       1969;

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§ 9.75                                                   27 CFR Ch. I (4–1–99 Edition)

  (10) Dublin, Calif. Quadrangle, scale         (33) Pigeon Point, California, scale
1:24,000, dated 1961, photorevised 1980;      1:24,000, dated 1955, Photorevised 1968;
  (11) Livermore, Calif. Quadrangle,            (34) Franklin Point, California, scale
scale 1:24,000, dated 1961, photorevised      1:24,000, dated 1955, Photorevised 1968;
1968 and 1973;                                           ˜
                                                (35) Ano Nuevo, California, scale
  (12) Tassajara, Calif. Quadrangle,          1:24,000, dated 1955, Photorevised 1968;
scale       1:24,000,      dated      1953,     (36) Davenport, California, scale
photoinspected 1974;                          1:24,000, dated 1955, Photorevised 1968;
  (13) Byron Hot Springs, Calif. Quad-          (37) Santa Cruz, California, scale
rangle, scale 1:24,000, dated 1953,           1:24,000, dated 1954, Photorevised 1981;
photorevised 1968;                              (38) Felton, California, scale 1:24,000,
  (14) Altamont, Calif. Quadrangle,           dated 1955, Photorevised 1980;
scale 1:24,000, dated 1953, photorevised        (39) Laurel, California, scale 1:24,000,
1968;                                         dated      1955,  Photoinspected     1978,
  (15) Mendenhall Springs, Calif. Quad-       Photorevised 1968;
rangle, scale 1:24,000, dated 1956,             (40) Soquel, California, scale 1:24,000,
photorevised 1971;                            dated 1954, Photorevised 1980; and
  (16) San Luis Obispo, California, scale       (41) Watsonville West, California,
1:250,000, NI 10–3, dated 1956, revised       scale 1:24,000, dated 1954, Photorevised
1969 and 1979;                                1980.
  (17) Santa Maria, California, scale           (c) Boundary. The Central Coast
1:250,000, NI 10–6, 9, dated 1956, revised    viticultural area is located in the fol-
1969;                                         lowing California counties: Monterey,
  (18) Los Angeles, California, scale         Santa Cruz, Santa Clara, Alameda, San
1:250,000, NI 11–4, dated 1974;               Benito, San Luis Obispo, Santa Bar-
  (19) Diablo, California, scale 1:24,000,    bara, San Francisco, San Mateo, and
dated 1953, Photorevised 1980;                Contra Costa. The Santa Cruz Moun-
                                              tains viticultural area is excluded.
  (20) Clayton, California, scale 1:24,000,
                                              (The boundaries of the Santa Cruz
dated 1953, Photorevised 1980;
                                              Mountains viticultural area are de-
  (21) Honker Bay, California, scale
                                              scribed in 27 CFR § 9.31.)
1:24,000, dated 1953, Photorevised 1980;
                                                (1) The beginning point is the point
  (22) Vine Hill, California, scale
                                              at which the Pajaro River flows into
1:24,000, dated 1959, Photorevised 1980;
                                              Monterey Bay. (Monterey map)
  (23) Benicia, California, scale 1:24,000,     (2) The boundary follows north along
dated 1959, Photorevised 1980;                the shoreline of the Pacific Ocean
  (24) Mare Island, California, scale         (across the Watsonville West, Soquel,
1:24,000, dated 1959, Photorevised 1980;                                     ˜
                                              Santa Cruz, Davenport, Ano Nuevo,
  (25) Richmond, California, scale            Franklin Point, Pigeon Point, San
1:24,000, dated 1959, Photorevised 1980;      Gregorio, Half Moon Bay, Montara
  (26) San Quentin, California, scale         Mountain and San Francisco South
1:24,000, dated 1959, Photorevised 1980;      maps) to the San Francisco/Oakland
  (27) Oakland West, California, scale        Bay Bridge. (San Francisco North
1:24,000, dated 1959, Photorevised 1980;      Quadrangle)
  (28) San Francisco North, California,         (3) From this point, the boundary
scale 1:24,000, dated 1956, Photorevised      proceeds east on the San Francisco/
1968 and 1973;                                Oakland Bay Bridge to the Alameda
  (29) San Francisco South, California,       County shoreline. (Oakland West Quad-
scale 1:24,000, dated 1956, Photorevised      rangle)
1980;                                           (4) From this point, the boundary
  (30) Montara Mountain, California,          proceeds east along the shoreline of Al-
scale 1:24,000, dated 1956, Photorevised      ameda County and Contra Costa Coun-
1980;                                         ty across the Richmond, San Quentin,
  (31) Half Moon Bay, California, scale       Mare Island, and Benicia maps to a
1:24,000, dated 1961, Photoinspected          point marked BM 15 on the shoreline of
1978, Photorevised 1968 and 1973;             Contra Costa County. (Vine Hill Quad-
  (32) San Gregorio, California, scale        rangle)
1:24,000, dated 1961, Photoinspected            (5) From this point, the boundary
1978, Photorevised 1968;                      proceeds in a southeasterly direction in

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Bureau of Alcohol, Tobacco and Firearms, Treasury                              § 9.75

a straight line across the Honker Bay        corner of Section 20. (Mendenhall
map to Mulligan Hill elevation 1,438.        Springs Quadrangle)
(Clayton Quadrangle)                           (17) The boundary follows the east-
  (6) The boundary proceeds in south-        west section line west along the south-
easterly direction in a straight line to     ern boundary of Section 19 in Township
Mt. Diablo elevation 3,849. (Clayton         4 South, Range 3 east, and west along
Quadrangle)                                  the southern boundary of Section 24 in
  (7) The boundary proceeds in a south-      Township 4 South, Range 2 east, to the
easterly direction in a straight line        southwest corner of that Section 24.
across the Diablo and Tassajara maps         (Mendenhall Springs Quadrangle)
to Brushy Peak elevation 1,702. (Byron         (18) The boundary follows the north-
Hot Springs Quadrangle)                      south section line north along the
  (8) The boundary proceeds due south,       western boundary of Section 24 in
approximately 400 feet, to the northern      Township 4 South, Range 2 east, to the
boundaries of Section 13, Township 2         northwest corner of that Section 24.
South, Range 2 East. (Byron Hot              (Mendenhall Springs Quadrangle)
Springs Quadrangle)                            (19) The boundary follows the east-
  (9) The boundary proceeds due east         west section line west along the south-
along the northern boundaries of Sec-        ern boundary of Section 14 in Township
tion 13 and Section 18, Township 2           4 South, Range 2 east, to the southwest
South, Range 3 East, to the northeast        corner of that Section 14. (Mendenhall
corner of Section 18. (Byron Hot             Springs Quadrangel)
Springs Quadrangle)                            (20) The boundary follows the north-
  (10) Then proceed south along the          south section line north along the
eastern boundaries of Sections 18, 19,       western boundary of Section 14 in
30, and 31 in Township 2 South, Range        Township 4 South, Range 2 east, to the
3 East to the southeast corner of Sec-       Hetch Hetchy Aqueduct. (Mendenhall
tion 31. (Byron Hot Springs Quad-            Springs Quadrangle)
rangle)                                        (21) The boundary follows the Hetch
  (11) Then proceed east along the           Hetchy Aqueduct southwesterly to the
southern border of Section 32, Town-         range line dividing Range 1 East from
ship 2 South, Range 3 East to the            Range 2 East. (San Jose map)
northwest     corner     of    Section  4.     (22) The boundary follows this range
(Altamont Quadrangle)                        line south to its intersection with
  (12) Then proceed south along the          State Route 130. (San Jose map)
western border of Sections 4 and 9.            (23) The boundary follows State
(Altamont Quadrangle)                        Route 130 southeasterly to its intersec-
  (13) Then proceed south along the          tion with the township line dividing
western border of Section 16 approxi-        Township 6 South from Township 7
mately 4275 feet to the point where the      South. (San Jose map)
1100 meter elevation contour intersects        (24) From this point, the boundary
the western border of Section 16.            proceeds in a straight line southeast-
(Altamont Quadrangle)                        erly to the intersection of the township
  (14) Then proceed in a southeasterly       line dividing Township 7 South from
direction along the 1100 meter ele-          Township 8 South with the range line
vation contour to the intersection of        dividing Range 2 East from Range 3
the southern border of Section 21 with       East. (San Jose map)
the 1100 meter elevation contour.              (25) From this point, the boundary
(Altamont Quadrangle)                        proceeds in a straight line southeast-
  (15) Then proceed west to the south-       erly to the intersection of the township
west corner of Section 20. (Altamont         line dividing Township 8 South from
Quadrangle)                                  Township 9 South with the range line
  (16) Then proceed south along the          dividing Range 3 East from Range 4
western boundaries of Sections 29 and        East. (San Jose map)
32, Township 3 South, Range 3 East and         (26) From this point, the boundary
then south along the western bound-          proceeds in a straight line southeast-
aries of Sections 5, 8, 17, 20, Township 4   erly to the intersection of Coyote
South, Range 3 East to the southwest         Creek with the township line dividing

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§ 9.76                                                27 CFR Ch. I (4–1–99 Edition)

Township 9 South from Township 10            (40) The boundary follows this range
South. (San Jose map)                      line south to the boundary of the Los
  (27) From this point, the boundary       Padres National Forest. (San Luis
proceeds in a straight line southeast-     Obispo map)
erly to the intersection of the 37°00′       (41) The boundary follows the bound-
North latitude parallel with State         ary of the Los Padres National Forest
Route 152. (San Jose map)                  southeasterly to the creek of Toro Can-
  (28) The boundary follows the 37°00′     yon. (San Luis Obispo, Santa Maria,
North latitude parallel east to the        and Los Angeles maps)
range line dividing Range 5 East from        (42) The boundary follows the creek
Range 6 East. (Monterey map)               of Toro Canyon southerly to the Pa-
  (29) The boundary follows this range     cific Ocean. (Los Angeles map)
line south to the San Benito-Santa           (43) The boundary follows the shore-
Clara County line. (Monterey map)          line of the Pacific Ocean and Monterey
  (30) The boundary follows the San Be-    Bay northerly to the beginning point.
nito-Santa Clara County line easterly      (Los Angeles, Santa Maria, San Luis
to the San Benito-Merced County line.      Obispo, and Monterey maps)
(Monterey map)                             [T.D. ATF–216, 50 FR 43130, Oct. 24, 1985, as
  (31) The boundary follows the San Be-    amended by T.D. ATF–407, 64 FR 3023, Jan.
nito-Merced County line southeasterly      20, 1999]
to the conjunction of the county lines
of San Benito, Merced, and Fresno          § 9.76 Knights Valley.
Counties. (Monterey map)                      (a)   Name.    The   name      of    the
  (32) From this point, the boundary       viticultural area described in this sec-
proceeds in a southwesterly extension      tion is ‘‘Knights Valley.’’
of the Merced-Fresno County line to           (b) Approved maps. The appropriate
Salt Creek. (Monterey map)                 maps for determining the boundaries of
  (33) From this point, the boundary       the Knights Valley viticultural area
proceeds in a straight line southeast-     are four U.S.G.S. maps. They are—
erly to the conjunction of the county         (1) ‘‘Mount St. Helena Quadrangle,
lines of Monterey, San Benito, and         California,’’ 7.5 minute series, 1959
Fresno Counties. (Monterey map)            (Photoinspected 1973);
  (34) The boundary follows the Mon-          (2) ‘‘Jimtown Quadrangle, Cali-
terey-Fresno County line southeasterly     fornia,’’   7.5   minute    series,    1955
to the Monterey-Kings County line.         (Photorevised 1975);
(Monterey and San Luis Obispo maps)           (3) ‘‘Mark West Springs Quadrangle,
  (35) The boundary follows the Mon-       California,’’ 7.5 minute series, 1958; and
terey-Kings County line southeasterly         (4) ‘‘Detert Reservoir Quadrangle,
to the San Luis Obispo-Kings County        California,’’ 7.5 minute series, 1958
line. (San Luis Obispo map)                (Photorevised 1980).
  (36) The boundary follows the San           (c) Boundary. The Knights Valley
Luis Obispo-Kings County line east to      viticultural area is located in north-
the San Luis Obispo-Kern County line.      eastern Sonoma County, California.
(San Luis Obispo map)                      From the beginning point lying at the
  (37) The boundary follows the San        intersection of the Sonoma/Lake Coun-
Luis Obispo-Kern County line south,        ty line and the north line of Section 11,
then east, then south to the point at      Township 10 North (T. 10 N.), Range 8
which the county line diverges easterly    West (R. 8 W.) on the ‘‘Mount St. Hel-
from the range line dividing Range 17      ena Quadrangle’’ map, the boundary
East from Range 18 East. (San Luis         runs—
Obispo map)                                   (1) Westerly along the north line of
  (38) The boundary follows this range     Sections 11, 10, and 9, T. 10 N., R. 8 W.
line south to the township line dividing   to the northwest corner of Section 9 on
Township 28 South from Township 29         the ‘‘Jimtown Quadrangle’’ map;
South. (San Luis Obispo map)                  (2) Then southerly along the west
  (39) The boundary follows the town-      line of Sections 9, 16, 21, 28, and 33, T.
ship line west to the range line divid-    10 N., R. 8 W., continuing along the
ing Range 13 East from Range 14 East.      west line of Section 4, T. 9 N., R. 8 W.
(San Luis Obispo map)                      to the southwest corner thereof;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                     § 9.78

  (3) Then easterly along the south line       Creek, near the Arkansas River at the
of Section 4 to the southeast corner           southeast corner of the city of Ozark,
thereof on the ‘‘Mount St. Helena              Arkansas (on the Ozark Quadrangle
Quadrangle’’ map;                              map).
  (4) Then southerly along the west              (2) Boundary Description:
line of Sections 10, 15, and 22, T. 9 N.,        (i) From the crossing of the Missouri
R. 8 W. to the point of intersection           Pacific Railroad over Gar Creek, fol-
with Franz Creek in Section 22 on the          lowing the railroad tracks eastward to
‘‘Mark West Springs Quadrangle’’ map;          the crossing over Horsehead Creek (on
  (5) Then easterly along Franz Creek          the Hartman Quadrangle map).
approximately 14,000 feet to the center-         (ii) From there northward along
line of Franz Valley Road;                     Horsehead Creek to the merger with
  (6) Then southerly along the center-         Dirty Creek (on the Coal Hill Quad-
line of Franz Valley Road to the point         rangle map).
of intersection with the west line of            (iii)   From      there     generally
Section 6, T. 8 N., R. 7 W.;                   northwestward along Dirty Creek to
  (7) Then southerly along the west            Arkansas Highway 352 (where Dirty
line of Section 6 to the southwest cor-        Creek passes under the highway as a
ner thereof;                                   perennial stream—on the Hunt Quad-
  (8) Then easterly along the south line       rangle map).
of Sections 6, 5, and 4, T. 8 N., R. 7 W.        (iv) From there along Highway 352
to the southeast corner of Section 4;          westward to Arkansas Highway 219 (on
  (9) Then northerly along the east line       the Watalula Quadrangle map).
of Section 4 to the point of intersection        (v) Then southward along Highway
with the Sonoma/Napa County line;              219 to Gar Creek (on the Ozark Quad-
  (10) Then northerly along the mean-
                                               rangle map).
ders of the Sonoma/Napa County line
                                                 (vi) Then southeastward along Gar
on the ‘‘Mark West Springs Quad-
                                               Creek to the beginning point.
rangle,’’ ‘‘Detert Reservoir Quad-
rangle,’’ and ‘‘Mount St. Helena Quad-         [T.D. ATF–176, 49 FR 22471, May 30, 1984]
rangle’’ maps to the point of intersec-
tion with the Lake County line on the          § 9.78   Ohio River Valley.
‘‘Mount St. Helena Quadrangle’’ map;             (a)    Name.    The     name  of   the
  (11) Then northerly along the mean-          viticultural area described in this sec-
ders of the Sonoma/Lake County line            tion is ‘‘Ohio River Valley.’’
on the ‘‘Mount St. Helena Quadrangle’’           (b) Approved maps. The approved
and ‘‘Detert Reservoir Quadrangle’’            maps for determining the boundary of
maps to the point of beginning.                the Ohio River Valley viticultural area
[T.D. ATF–158, 48 FR 48816, Oct. 21, 1983]     are 12 U.S.G.S. topographic maps in the
                                               scale 1:250,000, as follows:
§ 9.77 Altus.                                    (1) Paducah NJ 16–7 (dated 1949, re-
   (a)   Name.     The  name      of the       vised 1969);
viticultural area described in this sec-         (2) Belleville NJ 16–4 (dated 1958, re-
tion is ‘‘Altus.’’                             vised 1977);
   (b) Approved maps. The appropriate            (3) Vincennes NJ 16–5 (dated 1956, re-
maps for determining the boundaries of         vised 1969);
the Altus viticultural area are five             (4) Louisville NJ 16–6 (dated 1956, re-
U.S.G.S. maps in the 7.5 minute series.        vised 1969);
They are titled:                                 (5) Cincinnati NJ 16–3 (dated 1953, re-
   (1) Ozark Quadrangle, 1966.                 vised 1974);
   (2) Coal Hill Quadrangle, 1961.               (6) Columbus NJ 17–1 (dated 1967);
   (3) Hartman Quadrangle, 1961.                 (7) Clarksburg NJ 17–2 (dated 1956,
   (4) Hunt Quadrangle, 1963.                  limited revision 1965);
   (5) Watalula Quadrangle, 1973.                (8) Canton NJ 17–11 (dated 1957, re-
   (c) Boundary—(1) General. The Altus         vised 1969);
viticultural area is located in Arkan-           (9) Charleston NJ 17–5 (dated 1957,
sas. The starting point of the following       limited revision 1965);
boundary description is the crossing of          (10) Huntington NJ 17–4 (dated 1957,
the Missouri Pacific Railroad over Gar         revised 1977);

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§ 9.79                                                  27 CFR Ch. I (4–1–99 Edition)

  (11) Winchester NJ 16–9 (dated 1957,       known as Ilesboro, in Hocking County,
revised 1979); and                           Ohio (Columbus map).
  (12) Evansville NJ 16–8 (dated 1957, re-     (11) The boundary proceeds in a
vised 1974);                                 straight line northeasterly to the town
  (c) Boundary. The Ohio River Valley        of Tacoma in Belmont County, Ohio
viticultural area is located in Indiana,     (Clarksburg map).
Ohio, West Virginia and Kentucky. The          (12) The boundary proceeds in a
boundary description in paragraphs           straight line easterly to the town of
(c)(1)–(c)(21) of this section includes,     Valley Grove in Ohio County, West Vir-
for each point, the name of the map          ginia (Canton map).
sheet (in parentheses) on which the            (13) The boundary proceeds in a
point can be found.                          straight line southerly to the town of
  (1) The beginning point is the point       Jarvisville in Harrison County, West
at which the Kentucky, Illinois, and         Virginia (Clarksburg map).
Indiana State lines converge at the            (14) The boundary proceeds in a
confluence of the Wabash River and the       straight line southwesterly to the town
Ohio River (Paducah map).                    of Gandeeville in Roane County West
  (2) The boundary follows the Illinois-     Virginia (Charleston map).
Indiana State line northerly (across           (15) The boundary proceeds in a
the Belleville map) to Interstate Route      straight line southwesterly to the town
64 (Vincennes map).                          of Atenville in Lincoln County West
  (3) From the intersection of Inter-        Virginia (Huntington map).
state Route 64 and the Wabash River,           (16) The boundary proceeds in a
the boundary proceeds in a straight          straight line westerly to the town of
line northeasterly to the town of            Isonville in Elliott County, Kentucky
Oatsville in Pike County, Indiana (Vin-      (Huntington map).
cennes map).                                   (17) The boundary proceeds in a
  (4) The boundary proceeds in a             straight line northwesterly to the town
straight line southeasterly to the point     of Berlin in Bracken County, Kentucky
in Spencer County, Indiana, at which         (Louisville map).
State Route 162 diverges northerly             (18) The boundary proceeds in a
from U.S. Route 460, which is                straight line westerly to the town of
knownlocally as State Route 62 (Vin-         Dry Ridge in Grant County, Kentucky
cennes map).                                 (Louisville map).
  (5) The boundary proceeds in a               (19) The boundary proceeds in a
straight line northeasterly to the point     straight line southwesterly to the town
in Harrison County, Indiana, at which        of Crest in Hardin County, Kentucky
State Route 66 diverges northerly from       (Winchester map).
State Route 64 (Vincennes map).                (20) The boundary proceeds in a
  (6) The boundary proceeds in a             straight line westerly to the intersec-
straight line northeasterly (across the      tion of State Route 56 and U.S. Route
Louisville map) to the town of New           41 in the city of Sebree in Webster
Marion in Ripley County, Indiana (Cin-       County, Kentucky (Evansville map).
cinnati map).                                  (21) The boundary proceeds in a
  (7) The boundary proceeds in a             straight line northwesterly to the be-
straight line northerly to the town of       ginning point (Paducah map).
Clarksburg in Decatur County, Indiana        [T.D. ATF–144, 48 FR 40379, Sept. 7, 1983, as
(Cincinnati map).                            amended by T.D. ATF–249, 52 FR 5959, Feb.
  (8) The boundary proceeds in a             27, 1987]
straight line easterly to the town of
Ridgeville in Warren County, Ohio            § 9.79 Lake Michigan Shore.
(Cincinnati map).                               (a)   Name.   The   name     of   the
  (9) The boundary proceeds in a             viticultural area described in this sec-
straight line southeasterly to the town      tion is ‘‘Lake Michigan Shore.’’
of Chapman in Jackson County, Ohio              (b) Approved maps. The appropriate
(Columbus map).                              maps for determining the boundaries of
  (10) The boundary proceeds in a            the Lake Michigan Shore viticultural
straight line northeasterly to the town      area are four U.S.G.S. maps, 1:250,000
identified on the map as Hesboro, also       series. They are entitled: (1) Chicago

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                     § 9.81

(1953, revised 1970); (2) Fort Wayne            Canyon Road 1.5 miles to the western
(1953, revised 1969); (3) Racine (1958, re-     boundary line of Rancho Paso de
vised 1969); and (4) Grand Rapids (1958,        Robles;
revised 1980).                                    (2) Follow the western boundary line
  (c) Boundaries. The Lake Michigan             of Rancho Paso de Robles southwest 6.0
Shore viticultural area is located in           miles to where the boundary joins
the southwestern corner of the State of         Santa Rita Creek;
Michigan. The boundaries of the Lake              (3) Turn right at Santa Rita Creek
Michigan Shore viticultural area, using         and follow the creek 5 miles to where
landmarks and points of reference               the waters of Dover Canyon and Santa
found on the appropriate U.S.G.S maps,          Rita Creek meet; and
are as follows:                                   (4) Then proceed north along Dover
  (1) Starting at the most northern             Canyon Creek to its intersection with
point, the intersection the Kalamazoo           Dover Canyon Road, then following
River with Lake Michigan.                       Dover Canyon Road (which becomes
  (2) Then southeast along the winding          Dover Canyon Jeep Trail) back to the
course of the Kalamazoo River for ap-           point of beginning.
proximately 35 miles until it intersects
                                                [T.D. ATF–143, 48 FR 38463, Aug. 24, 1983, as
the Penn Central railroad line just             amended by T.D. ATF–249, 52 FR 5959, Feb.
south of the City of Otsego.                    27, 1987]
  (3) Then south along the Penn Cen-
tral railroad line, through the City of         § 9.81 Fiddletown.
Kalamazoo, approximately 25 miles                  (a)   Name.    The     name   of   the
until it intersects the Grand Trunk             viticultural area described in this sec-
Western railroad line at the commu-             tion is ‘‘Fiddletown.’’
nity of Schoolcraft.                               (b) Approved maps. The approved
  (4) Then southwest along the Grand            maps for the Fiddletown viticultural
Trunk Western railroad line approxi-            area are four U.S.G.S. maps entitled:
mately 35 miles to the Michigan/ Indi-             (1) Fiddletown, CA, 1949, 7.5 minute
ana State line.                                 series;
  (5) Then west along the Michigan-In-             (2) Amador City, CA, 1962, 7.5 minute
diana State line approximately 38               series;
miles until it meets Lake Michigan.                (3)    Pine     Grove,     CA,    1948
  (6) Then north along the eastern              (photoinspected 1973), 7.5 minute series;
shore of Lake Michigan approximately               (4) Aukum, CA, 1952 (photorevised
72 miles to the beginning point.                1973), 7.5 minute series.
[T.D. ATF–153, 48 FR 46526, Oct. 13, 1983, as      (c)   Boundaries.    The   Fiddletown
amended by T.D. ATF–249, 52 FR 5959, Feb.       viticultural area is located in Amador
27, 1987]                                       County, California. The boundaries are
                                                as follows:
§ 9.80 York Mountain.                              (1) From the beginning point at the
   (a)   Name.    The   name     of  the        north boundary where Fiddletown
viticultural area described in this sec-        Shenandoah Road crosses Big Indian
tion is ‘‘York Mountain.’’                      Creek in Section 28, Township 8 N,
   (b) Approved map. The approved map           Range 11 E, proceed in a southwesterly
for the York Mountain viticultural              direction following Big Indian Creek
area is the U.S.G.S. map entitled               through the southeast corner of Sec-
‘‘York Mountain Quadrangle,’’ 7.5               tion 29, crossing the northwest corner
minute     series   (topographic),  1949        of Section 32 to where it meets Section
(photorevised 1979).                            31;
   (c) Boundaries. The York Mountain               (2) Then in a southerly direction fol-
viticultural area is located in San Luis        low the Section line between Sections
Obispo County, California. The bound-           31 and 32, Township 8 N, Range 11 E,
aries are as follows:                           and Sections 5 and 6, 7 and 8, Township
   (1) From the beginning point at the          7 N, Range 11 E, to where the Section
northwest corner of the York Mountain           line meets the South Fork of Dry
Quadrangle map where the Dover Can-             Creek;
yon Jeep Trail and Dover Canyon Road               (3) Then following the South Fork of
intersect, proceed east along Dover             Dry Creek in an easterly direction

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§ 9.82                                                     27 CFR Ch. I (4–1–99 Edition)

crossing the lower portions of Sections        § 9.83 Lake Erie.
8, 9, 10, 11, 12 and into Township 8 N,           (a)    Name.     The     name      of    the
Range 12 E, at Section 7 and across            viticultural area described in this sec-
Section 7 to where it meets Section 8;         tion is ‘‘Lake Erie.’’
  (4) Then north following the Section            (b) Approved maps. The appropriate
line between Sections 7 and 8, 5 and 6         maps for determining the boundaries of
into Township 8 N, Range 12 E, between         the Lake Erie viticultural area are four
Sections 31 and 32, to Big Indian Creek;       U.S.G.S. maps. They are titled:
and                                               (1) ‘‘Toledo,’’ scale 1:250,000 (1956, re-
  (5) Then following Big Indian Creek          vised 1978);
in a northwesterly direction through              (2) ‘‘Cleveland,’’ scale 1:250,000 (1956,
Sections 31, 30, 25, 26 and 27, returning      revised 1972);
to the point of beginning.                        (3) ‘‘Erie,’’ scale 1:250,000 (1959, re-
                                               vised 1972); and
[T.D. ATF–147, 48 FR 45239, Oct. 4, 1983, as      (4) ‘‘Buffalo,’’ scale 1:250,000 (1962).
amended by T.D. ATF–249, 52 FR 5959, Feb.         (c) Boundaries. The Lake Erie
27, 1987]                                      viticultural area is located along the
                                               shore and on the islands of Lake Erie
§ 9.82 Potter Valley.                          across the States of New York, Penn-
  (a)    Name.    The    name   of    the      sylvania, and Ohio. The beginning
viticultural area described in this sec-       point is where Buffalo Creek empties
tion is ‘‘Potter Valley.’’                     into Lake Erie at Buffalo Harbor.
  (b) Approved map. The approved maps             (1) From the beginning point the
for the Potter Valley viticultural area        boundary proceeds up Buffalo Creek to
                                               the confluence of Cazenovia Creek.
are the U.S.G.S. maps entitled ‘‘Potter
                                                  (2) The boundary proceeds up
Valley Quadrangle, California,’’ 1960,         Cazenovia Creek and thence up the
and ‘‘Ukiah Quadrangle, California,’’          west branch of Cazenovia Creek to a
1958, 15 minute series (topographic).          point approximately one mile north of
  (c) Boundaries. The Potter Valley            Colden, New York, exactly 12 statute
viticultural    area    is  located    in      miles inland from any point on the
Mendocino County, California. The              shore of Lake Erie.
boundaries are as follows:                        (3) The boundary proceeds southwest-
  (1) From the beginning point at the          ward and along a line exactly 12 stat-
southeast corner of quadrant 36 and            ute miles inland from any point on the
southwest corner of quadrant 32 (a             shore of Lake Erie to a point approxi-
point where Mendocino and Lake Coun-           mately one mile north of Dayton, New
ties border on the T. 17 N.–T. 16 N.           York, where it intersects the 1,300-foot
township line), the boundary runs              contour line.
northwest to the northeastern corner              (4) The boundary proceeds generally
                                               southwestward along the 1,300-foot con-
of quadrant 4, on the T. 18 N.–T. 17 N.
                                               tour line to a point almost two miles
township line;
                                               north-northwest of Godard, Pennsyl-
  (2) Then west to the northwest corner        vania, exactly six statute miles inland
of quadrant 1;                                 from any point on the shore of Lake
  (3) Then south to the southwest cor-         Erie.
ner of quadrant 36;                               (5) The boundary proceeds southwest-
  (4) Then east to R. 12 W.–R. 11 W.           ward along a line exactly six statute
range line at the southeast corner of          miles inland from any point on the
quadrant 36;                                   shore of Lake Erie to the point where
  (5) Then south to Highway 20;                it intersects Ohio Route 45 near the
  (6) Then southeast on Highway 20 to          intersection with Interstate 90.
where Highway 20 passes from quad-                (6) The boundary proceeds southward
rant 20 to quadrant 21; and                    along Ohio Route 45 to a point exactly
  (7) Thence northeast, returning to           14 statute miles inland from any point
                                               on the shore of Lake Erie approxi-
the point of beginning.
                                               mately one mile north of Rock Creek,
[T.D. ATF–151, 48 FR 46521, Oct. 13, 1983]     Ohio.


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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.85

  (7) The boundary proceeds southwest-           (4) Then in an easterly direction
ward,      then     westward,       then       along Dover Canyon Road, approxi-
northwestward along a line 14 statute          mately 1.5 miles, to the western border
miles inland from any point on the             line of Rancho Paso de Robles;
shore of Lake Erie to the point where            (5) Then, following the border of the
it intersects the Ohio-Michigan bound-         Paso Robles land grant, beginning in
ary just north of Centennial, Ohio.            an easterly direction, to a point where
  (8) The boundary then follows the            it intersects the range line between
Ohio-Michigan border in an easterly di-        R.11E. and R.12E.;
rection to the shoreline of Lake Erie.           (6) Then southeasterly for approxi-
Thence in a generally southeasterly di-        mately 16.5 miles to the point of inter-
rection along the shoreline of Lake            section of the township line between
Erie to the mouth of the Portage River         T.29S. and T.30S. and the range line be-
just north of Port Clinton. Thence due         tween R.12E. and R.13E.;
north in a straight line to the United           (7) Then in an easterly direction for
States-Canada border. Thence in a              approximately 6 miles to the range line
southeasterly and then an easterly di-         between R.13E. and R.14E.;
rection along the United States-Canada           (8) Then in a northerly direction for
border until a point is reached which is       approximately 6 miles to the township
due north of the easternmost point of          line between T.28S. and T.29S.;
Kelleys Island.                                  (9) Then in an easterly direction for
  (9) The boundary then proceeds due           approximately 18 miles to the range
south until it reaches the shoreline of        line between R.16E. and R.17E.;
Lake Erie. Thence the boundary fol-              (10) Then in a northerly direction for
lows the lakeshore in a generally              approximately 24 miles to the point of
northeasterly direction to the begin-          beginning.
ning point at the mouth of Buffalo
Creek.                                         [T.D. ATF–148, 48 FR 45241, Oct. 4, 1983, as
                                               amended by T.D. ATF–377, 61 FR 29953, June
[T.D. ATF–156, 48 FR 48819, Oct. 21, 1983]     13, 1996]

§ 9.84 Paso Robles.                            § 9.85   Willow Creek.
  (a)    Name.   The     name    of   the        (a)    Name.   The    name     of   the
viticultural area described in this sec-       viticultural area described in this sec-
tion is ‘‘Paso Robles’’.                       tion is ‘‘Willow Creek.’’
  (b) Approved map. The map showing              (b) Approved map. The map showing
the boundaries of the Paso Robles              the boundary of the Willow Creek
viticultural area is: ‘‘San Luis Obispo’’,     viticultural area is: ‘‘Willow Creek
NI 10–3, scale 1:250,000 (1956, revised        Quadrangle,’’ California, U.S.G.S. 15
1969).                                         minute series (1952).
  (c) Boundaries. The Paso Robles                (c) Boundaries. The Willow Creek
viticultural area is located within San        viticultural area is located within por-
Luis Obispo County, California. From           tions of Humboldt and Trinity Coun-
the point of beginning where the coun-         ties, California. From the point of be-
ty lines of San Luis Obispo, Kings and         ginning where the 1,000-foot contour
Kern Counties converge, the county             line intersects Kirkham Creek (di-
line also being the township line be-          rectly north of section 19, T.7 N./R.5E.),
tween T.24S. and T.25S., in R.16E.:            beginning in a southerly direction, the
  (1) Then in a westerly direction along       boundary line the 1,000-foot contour
this county line for 42 miles to the           line to;
range line between R.9E. and R.10E.;             (1) The point of intersection between
  (2) Then in a southerly direction for        the 1,000-foot contour line and the
12 miles along the range line to the           north section line of section 27, T.6N./
southwest of corner of T.26S. and              R.5E.;
R.10E.;                                          (2) Then in a straight, north easterly
  (3) Then in a southeasterly direction,       line to the point of intersection be-
approximately 5.5 miles to a point of          tween the 1,000-foot contour line and
intersection of the Dover Canyon Jeep          the east section line of section 13,
Trail and Dover Canyon Road;                   T.6N./R.5E.;

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§ 9.86                                                     27 CFR Ch. I (4–1–99 Edition)

  (3) Then in a straight, northwesterly        creek and the south section line of Sec-
line to the point of intersection be-          tion 14, T.14N., R.15W., located in the
tween the 1,000-foot contour line and          southwest portion of U.S.G.S. map
the north section line of section 11,          ‘‘Boonville Quadrangle’’;
T.6N./R.5E.;                                     (4) Then in a westerly direction along
  (4) Then in a straight, south-south-         the south section lines of Sections 14,
westerly line to the point of intersec-        15, and 16, T.14N., R.15W., to the inter-
tion between the 1,000-foot contour line
                                               section of the south section line of Sec-
and the east section line of section 15,
                                               tion 16 with Greenwood Creek, approxi-
T.6N./R.5E.;
  (5) Then following the 1,000-foot con-       mately .2 miles west of Cold Springs
tour line, beginning in a westerly di-         Road which is located in the southeast
rection, to the point of intersection be-      portion of U.S.G.S. map ‘‘Navarro
tween the 1,000-foot contour line and          Quadrangle’’;
Coons Creek;                                     (5) Then in a southwesterly and then
  (6) Then in a straight, westerly line        a northwesterly direction along Green-
to the point of beginning.                     wood Creek to a point in Section 33 di-
[T.D. ATF–141, 48 FR 37376, Aug. 18, 1983]
                                               rectly south (approximately 1.4 miles)
                                               of Benchmark (BM) 1057 in Section 28,
§ 9.86 Anderson Valley.                        T.15N., R.16W.;
   (a)    Name.   The   name      of   the       (6) Then directly north in a straight
viticultural area described in this sec-       line to Benchmark (BM) 1057 in Section
tion is ‘‘Anderson Valley.’’                   28, T.15N., R.16W.;
   (b) Approved maps. The appropriate            (7) Then in a northeasterly direction
maps for determining the boundaries of         in a straight line to the beginning
the Anderson Valley viticultural area          point.
are three U.S.G.S. maps. They are ti-
                                               [T.D. ATF–139, 48 FR 37370, Aug. 18, 1983]
tled:
   (1) ‘‘Navarro Quadrangle, California—
                                               § 9.87   Grand River Valley.
Mendocino Co.,’’ 15 minute series (1961);
   (2) ‘‘Boonville Quadrangle, Cali-             (a)    Name.    The    name    of   the
fornia—Mendocino Co.,’’ 15 minute se-          viticultural area described in this sec-
ries (1959); and                               tion is ‘‘Grand River Valley.’’
   (3) ‘‘Ornbaun Valley Quadrangle,              (b) Approved map. The approved map
California,’’ 15 minute series (1960).         for determining the boundary of the
   (c) Boundaries. The Anderson Valley         Grand River Valley viticultural area is
viticultural area is located in the west-      the U.S.G.S. topographic map in the
ern part of Mendocino County, Cali-            scale of 1:250,000, entitled Cleveland,
fornia. The beginning point is at the          number NK 17–8, dated 1956, revised
junction of Bailey Gulch and the South         1972.
Branch North Fork Navarro River in
                                                 (c) Boundary. The Grand River Valley
Section 8, Township 15 North (T.15N.),
Range 15 West (R.15W.), located in the         viticultural area is located in the fol-
northeast portion of U.S.G.S. map              lowing Ohio counties: Lake, Geauga,
‘‘Navarro Quadrangle.’’                        and Ashtabula. The viticultural area
   (1) From the beginning point, the           consists of all of the land within the
boundary runs southeasterly in a               Lake Erie viticultural area, described
straight line to an unnamed hilltop            in § 9.83, which is also within 2 statute
(elevation 2015 feet) in the northeast         miles, in any direction, of the Grand
corner of Section 9, T.13N., R.13W., lo-       River. Specifically, the Grand River
cated in the southeast portion of              Valley viticultural area consists of all
U.S.G.S. map ‘‘Boonville Quadrangle’’;         of the land west of Ohio Route 45 which
   (2) Then southwesterly in a straight        is within 2 statute miles, in any direc-
line to Benchmark (BM) 680 in Section          tion, of the Grand River, and which is
30, T.13N., R.13W., located in the north-      also within 14 statute miles inland
east portion of U.S.G.S. map ‘‘Ornbaun         from any point on the shore of Lake
Valley Quadrangle’’;                           Erie.
   (3) Then northwesterly in a straight
line to the intersection of an unnamed         [T.D. ATF–157, 48 FR 48821, Oct. 21, 1983]


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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.89

§ 9.88 Pacheco Pass.                            (2) ‘‘Medford,’’ scale 1:250,000 (1955, re-
                                              vised 1976).
   (a)   Name.    The    name     of  the
                                                (c) Boundaries. The Umpqua Valley
viticultural area described in this sec-
                                              viticultural area is located entirely
tion is ‘‘Pacheco Pass.’’
                                              within Douglas County, Oregon, which
   (b) Approved maps. The appropriate         is in the southwest part of the State.
maps for determining the boundaries of        The beginning point is the intersection
Pacheco Pass viticultural area are two        of Interstate Highway 5 with the Doug-
U.S.G.S. maps. They are titled:               las/Lane County line in Township 21
   (1) San Felipe Quadrangle, 7.5 minute      South (T21S), Range 4 West (R4W) on
series, 1955 (photorevised 1971).             the ‘‘Roseburg’’ map.
   (2) Three Sisters Quadrangle, 7.5            (1) From the beginning point, the
minute series, 1954 (photorevised 1971).      boundary proceeds north along the
   (c)    Boundary—(1)     General.  The      Douglas/Lane County line approxi-
Pacheco Pass viticultural area is lo-         mately .5 miles to the the 1,000-foot
cated in California. The starting point       contour line;
of the following boundary description           (2) Thence northwest along the 1,000-
is the crossing of Pacheco Creek under        foot contour line to the Douglas/Lane
California Highway 156, about 4 miles         County line; thence west along the
north of Hollister Municipal Airport, in      Douglas/Lane County line approxi-
San Benito County, California.                mately 2.5 miles, returning to the 1,000-
   (2) Boundary Description. (i) From the     foot contour line; thence in a generally
starting point northwestward along            westerly direction along the 1,000-foot
Pacheco Creek to the intersection with        contour line to the R9W/R10W range
the      straight-line    extension    of     line;
Barnheisel Road. (NOTE.— This is an             (3) Thence south along the R9W/R10W
old land grant boundary and appears on        range line approximately 2.75 miles to
the U.S.G.S. map as the western bound-        the center of the Umpqua River; thence
ary of an orchard.)                           along a straight line in an easterly di-
   (ii) From there in a straight line         rection approximately 6.25 miles to the
northeastward to the intersection of          intersection of range line R8W/R9W
Barnheisel Road and California High-          with the center of the Umpqua River;
way 156.                                      thence south along range line R8W/R9W
   (iii) From there northward along           approximately 3.5 miles to its intersec-
Highway 156 to California Highway 152         tion with township line T22S/T23S;
(‘‘Pacheco Pass Highway’’).                     (4) Thence southeast approximately
   (iv) Then northward along Pacheco          8.5 miles along a straight line to the
Pass Highway to the 37° latitude line.        intersection of township line T23S/T24S
   (v) Then eastward along that latitude      with range line R7W/R8W; thence south
line to the land line R. 5E./R. 6E.           along the R7W/R8W range line approxi-
   (vi) Then southward along that land        mately 8 miles to its intersection with
line, crossing Foothill Road, and con-        the 1,000-foot contour line; thence in a
tinuing southward to a point exactly          southeasterly direction in a straight
2,300 feet south of Foothill Road.            line approximately 3.5 miles toward the
   (vii) From there is a straight line to     intersection of township line T25S/T26S
the starting point.                           with range line R6W/R7W, returning to
                                              the 1,000-foot contour line;
[T.D. ATF–167, 49 FR 9169, Mar. 12, 1984]       (5) Thence in a southerly direction
                                              along the 1,000-foot contour line to the
§ 9.89 Umpqua Valley.
                                              intersection of township line T27S/T28S
  (a)    Name.   The    name     of   the     with range line R7W/R8W; thence in a
viticultural area described in this sec-      southwesterly direction in a straight
tion is ‘‘Umpqua Valley.’’                    line approximately 3.5 miles toward the
  (b) Approved maps. The appropriate          intersection of township line T28S/T29S
maps for determining the boundaries of        with range line R8W/R9W, returning to
the Umpqua Valley viticultural area           the 1,000-foot contour line; thence
are two U.S.G.S. maps. They are titled:       south along the 1,000-foot contour line
  (1) ‘‘Roseburg,’’ scale 1:250,000 (1958,    to its intersection with township line
revised 1970); and                            T29S/T30S;

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§ 9.90                                                   27 CFR Ch. I (4–1–99 Edition)

  (6) Thence east along township line          are three U.S.G.S. Oregon maps scaled
T29S/T30S approximately .33 miles, re-         1:250,000. They are entitled:
joining the 1,000-foot contour line;             (1) ‘‘Vancouver,’’ Location Diagram
thence in a northerly and eventually a         NL 10–8, 1958 (revised 1974).
southerly direction along the 1,000-foot         (2) ‘‘Salem,’’ Location Diagram NL
contour line past the town of Riddle on        10–11, 1960 (revised 1977).
the ‘‘Medford’’ map to range line R6W/           (3) ‘‘Roseburg,’’ Location Diagram
R7W; thence south along the R6W/R7W            NL 10–2, 1958 (revised 1970).
range line approximately .5 miles back           (c) Boundaries. The Willamette Val-
to the 1,000-foot contour line;                ley viticultural area is located in the
  (7) Thence in an easterly, westerly,         northwestern part of Oregon, and is
and eventually a northerly direction           bordered on the north by the Columbia
along the 1,000-foot contour line to a         River, on the west by the Coast Range
point approximately 3.5 miles east of          Mountains, on the south by the
Dillard, where the contour line crosses        Calapooya Mountains, and on the east
Interstate     Highway     5    on    the      by the Cascade Mountains, encom-
‘‘Roseburg’’ map; thence northeast             passing approximately 5,200 square
along Interstate Highway 5 approxi-            miles (3.3 million acres). The exact
mately .25 mile, returning to the 1,000-       boundaries of the viticultural area,
foot contour line; thence in a generally       based on landmarks and points of ref-
northeasterly, southeasterly, north-           erence found on the approved maps, are
westerly, and eventually a northeast-          as follows: From the beginning point at
erly direction along the 1,000-foot con-       the intersection of the Columbia/Mult-
tour line past the town of Idleyld Park        nomah County line and the Oregon/
to the R2W/R3W range line;                     Washington State line;
  (8) Thence north along range line              (1) West along the Columbia/Mult-
R2W/R3W approximately 1.75 miles to            nomah County line 8.5 miles to its
the T25S/T26S township line; thence            intersection with the Washington/
west along township line T25S/T26S ap-         Multnomah County line;
proximately .25 mile, returning to the           (2) South along the Washington
1,000-foot contour line; thence in a gen-      County line 5 miles to its intersection
erally westerly and then a northerly           with the 1,000 foot contour line;
direction along the 1,000-foot contour           (3) Northwest (15 miles due north-
line up the valley of Calapooya Creek          west) along the 1,000 foot contour line
to the R3W/R4W range line; thence              to its intersection with State Highway
north along range line R3W/R4W ap-             47, .5 mile north of ‘‘Tophill’’;
proximately 2.25 miles, back to the              (4) Then, due west from State High-
1,000-foot contour line;                       way 47 one-quarter mile to the 1,000
  (9) Thence in a westerly and then a
                                               foot contour line, continuing south and
northerly direction along the 1,000-foot
                                               then southwest along the 1,000 foot
contour line to the T23S/T24S township
                                               contour line to its intersection with
line; thence east along the T23S/T24S
                                               the Siuslaw National Forest (a point
township line approximately 2.75 miles
                                               approximately 43 miles south and 26
to the 1,000-foot contour line; thence in
                                               miles west of ‘‘Tophill’’ ), one mile
a northerly direction along the 1,000-
                                               north of State Highway 22;
foot contour line to its intersection
                                                 (5) Due south 6.5 miles to the 1,000
with the Douglas/Lane County line;
                                               foot contour line on the Lincoln/Polk
thence north along the Douglas/Lane
                                               County line;
County line approximately .75 mile to
                                                 (6) Continue along the 1,000 foot con-
the point of beginning.
                                               tour line (approximately 23 miles) east,
[T.D. ATF–170, 49 FR 12246, Mar. 29, 1984]     south, and then west, to a point where
                                               the Polk County line is intersected by
§ 9.90 Willamette Valley.                      the Lincoln/Benton County line;
   (a)   Name.   The   name    of    the         (7) South along Lincoln/Benton Coun-
viticultural area described in this sec-       ty line, 11 miles to its intersection
tion is ‘‘Willamette Valley.’’                 with the Siuslaw National Forest line;
   (b) Approved maps. The appropriate            (8) East along the Siuslaw National
maps for determining the boundaries of         Forest line six miles, and then south
the Willamette Valley viticultural area        along the Siuslaw National Forest line

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                  § 9.91

six miles to State Highway 34 and the        (21) North along R1E/R2E (through a
1,000 foot contour line;                   small portion of Silver Falls State
  (9) South along the 1,000 foot contour   Park) 14 miles to T6S/T7S;
line to its intersection with Township       (22) East along T6S/T7S six miles to
line T17S/T18S (31 miles southwest, and    R2E/R3E;
one mile west of State Highway 126);         (23) North along R2E/R3E six miles to
  (10) East along T17S/T18S 4.5 miles to   T5S/T6S;
Range line R6W/R7W, south along this         (24) Due northeast 8.5 miles to the
range line 2.5 miles to the 1,000 foot     intersection of T4S/T5S and R4E/R3E;
contour line;                                (25) East along T4S/T5S six miles to
  (11) Southeast along the 1,000 foot      R4E/R5E;
contour line to R5W/R6W (approxi-            (26) North along R4E/R5E six miles to
mately six miles); southeast from this     T3S/T4S;
point eight miles to the intersection of     (27) East along T3S/T4S six miles to
R4W/R5W and T19S/T20S;                     R5E/R6E;
  (12) East along T19S/T20S 1.5 miles to     (28) North along R5E/R6E 10.5 miles
the 1,000 foot contour line;               to a point where it intersects the
  (13) Following the 1,000 foot contour    Mount Hood National Forest boundary
line north around Spencer Butte, and       (approximately three miles north of
then south to a point along the Lane/      Interstate Highway 26);
Douglas County line one-half mile            (29) West four miles and north one
north of Interstate Highway 99;            mile along the forest boundary to the
  (14) South along the Lane/Douglas        1,000 foot contour line (just north of
County line 1.25 miles to the 1,000 foot   Bull Run River);
contour line;                                (30) North along the 1,000 foot con-
  (15) Following the 1,000 foot contour    tour line, into Multnomah County, to
line around the valleys of Little River,   its intersection with R4E/R5E;
Mosby Creek, Sharps Creek and Lost           (31) Due north approximately three
Creek to the intersection of R1W/R1E       miles to the Oregon/Washington State
and State Highway 58);                     line; and
  (16) North along R1W/R1E, six miles,       (32) West and then north, 34 miles,
until it intersects the 1,000 foot con-    along the Oregon/Washington State
tour line just north of Little Fall        line to the beginning point.
Creek;
  (17) Continuing along the 1,000 foot     [T.D. ATF–162, 48 FR 54221, Dec. 1, 1983]
contour line around Hills Creek, up the
                                           § 9.91   Walla Walla Valley.
southern slope of McKenzie River Val-
ley to Ben and Kay Dorris State Park,         (a)    Name.    The     name     of   the
crossing over and down the northern        viticultural area described in this sec-
slope around Camp Creek, Mohawk            tion is ‘‘Walla Walla Valley.’’
River and its tributaries, Calapooia          (b) Approved maps. The appropriate
River (three miles southeast of the        maps for determining the boundaries of
town of Dollar) to a point where Wiley     the Walla Walla Valley viticultural
Creek intersects R1E/R1W approxi-          area are two U.S.G.S. maps, in the
mately one mile south of T14S/T13S;        scale 1:250,000. They are entitled:
  (18) North along R1E/R1W 7.5 miles to       (1) ‘‘Walla Walla,’’ Wa.; Oregon 1953
T12S/T13S at Cedar Creek;                  (limited revision 1963)
  (19) West along T12S/T13S four miles        (2) ‘‘Peldleton,’’ Or.; Wa. 1953 (revised
to the 1,000 foot contour line;            1973)
  (20) Continuing in a general north-         (c) Boundaries. The Walla Walla Val-
erly direction along the 1,000 foot con-   ley viticultural area, located in the
tour line around Crabtree Creek,           southeast portion of Washington State
Thomas Creek, North Santiam River          and the northeast portion of Oregon.
(to its intersection with Sevenmile        The boundaries of the Walla Walla Val-
Creek), and Little North Santiam           ley viticultural area, using landmarks
River to the intersection of the 1,000     and points of reference found on the ap-
foot contour line with R1E/R2E (ap-        propriate U.S.G.S. maps, are as follows:
proximately one mile north of State           (1) Beginning at a point just north-
Highway 22);                               east of Dixie, Washington, in T8N/37E,

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§ 9.92                                                   27 CFR Ch. I (4–1–99 Edition)

at the intersection of Highway 3 and            (2) ‘‘Fresno North, Cal.,’’ 71⁄2 minute
Mud Creek.                                    series, edition of 1965, photorevised
  (2) Then southwest along State High-        1972;
way 3 approximately 4 miles to its              (3) ‘‘Friant, Cal.,’’ 71⁄2 minute series,
intersection with the Northern Pacific        edition of 1964;
Railroad in T7N/R37E.                           (4) ‘‘Lanes Bridge, Cal.,’’ 71⁄2 minute
  (3) Then follow the Northern Pacific        series, edition of 1964, photoinspected
in a generally westerly direction             1973;
through Walla Walla, continuing west            (5) ‘‘Gregg, Cal.,’’ 71⁄2 minute series,
then northwest along the railroad line,       edition of 1965;
past Pedigo Station approximately 7             (6) ‘‘Madera, Cal.,’’ 71⁄2 minute series,
miles until it intersects the secondary       edition of 1963;
road in T8N/R34E.                               (7) ‘‘Kismet, Cal.,’’ 71⁄2 minute series,
  (4) Then southwest in a straight line       edition of 1961;
approximately 121⁄2 miles until it meets        (8) ‘‘Raynor Creek, Cal.,’’ 71⁄2 minute
the Union Pacific Railroad at the             series, edition of 1961;
intersection of T7N and R32E/R33E.              (9) ‘‘Fresno, Cal.,’’ scaled 1:250,000,
  (5) Then south along R32E/R33E for 2        edition of 1962, revised 1971;
miles until it intersects the 1,000 foot        (10)     ‘‘Monterey,      Cal.,’’   scaled
contour line.                                 1:250,000, edition of 1974; and
  (6) Then follow the 1,000 foot contour        (11) ‘‘San Jose, Cal.,’’ scaled 1:250,000,
line in a southeast direction until it        edition of 1962, revised 1969.
intersects the Union Pacific Railroad           (c)     Boundaries.        The     Madera
at T5N/R35E.                                  viticultural area is located in Madera
  (7) Then south along said track until       and Fresno Counties, California. The
it intersects Dry Creek in T4N/R35E.          beginning point is found on the ‘‘Fres-
  (8) Then southeast along Dry Creek          no North,’’ 71⁄2 minute series U.S.G.S.
until it intersects the 2,000 foot con-       map at the point where the San Joa-
tour line.                                    quin River intersects the section line
  (9) Then continue in a northeast di-        dividing sections 20 and 29, and sec-
rection along the 2,000 foot contour          tions 21 and 28, T. 12 S., R. 20 E.;
line until it intersects Dry Creek in           (1) Then east approximately 6 miles
T7N/R38E.                                     following the section line and Shepherd
  (10) Then north along Dry Creek, ap-        Avenue to the intersection with Sun-
proximately 31⁄2 miles, until it inter-       nyside Road;
sects the Northern Pacific Railroad at          (2) Then north approximately 7 miles
T8N/R37E.                                     following Sunnyside Road and con-
  (11) Then continuing in a northeast         tinuing along the section line to the
direction along said track until it           point of intersection of section 16, 17,
intersects Mud Creek.                         20, and 21, T.11S., R 21E.;
  (12) Then follow Mud Creek in a               (3) Then west approximately 17.6
northwest direction to the beginning          miles following the section line and
point where it intersects State High-         continuing along Avenue 15 to the
way 3.                                        intersection with the Atchison, Topeka
[T.D. ATF–165, 49 FR 4376, Feb. 6, 1984, as   and Santa Fe Railroad;
amended by T.D. ATF–249, 52 FR 5960, Feb.       (4) Then northwest following the
27, 1987]                                     Atchison, Topeka and Santa Fe Rail-
                                              road to Road 26;
§ 9.92 Madera.                                  (5) Then north following Road 26 and
  (a)    Name.    The     name    of   the    continuing north in a straight line to
viticultural area described in this sec-      the Chowchilla River in the ‘‘Raynor
tion is ‘‘Madera.’’                           Creek’’ 71⁄2 minute series U.S.G.S. map,
  (b) Approved maps. The approved             and in the ‘‘San Jose’’ scaled 1:250,000
maps for determining the boundary of          U.S.G.S. map;
the Madera viticultural area are eleven         (6)    Then     west      following    the
U.S.G.S. maps. They are entitled:             Chowchilla River to the point where
  (1) ‘‘Clovis, Cal.,’’ 71⁄2 minute series,   the Madera County-Merced County
edition of 1964, photorevised 1972;           boundary diverges from the river;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                    § 9.93

  (7) Then southwest following the                (4) Thence in a straight line in a
Madera County-Merced County bound-              northwest direction to the southeast
ary to the San Joaquin River;                   corner of Section 25, T. 16 N., R. 11 W.;
  (8) Then following the San Joaquin              (5) Thence in a straight line in a
River south and east returning to the           northeast direction to the northeast
point of beginning.                             corner of Section 1, T. 16 N., R. 11 W.
                                                located along the Mendocino County/
[T.D. ATF–192, 49 FR 47833, Dec. 12, 1984; 50
                                                Lake County line;
FR 2782, Jan. 22, 1985, as amended by T.D.
ATF–249, 52 FR 5960, Feb. 27, 1987]               (6) Thence in a straight line in a
                                                northwest direction to the northeast
§ 9.93 Mendocino.                               corner of Section 5, T. 17 N., R. 11 W.;
                                                  (7) Thence in a westerly direction
  (a)    Name.    The    name      of  the
                                                along the T. 18 N./T. 17 N. township line
viticultural area described in this sec-
                                                until it intersects with the R. 13 W./R.
tion is ‘‘Mendocino.’’
                                                12 W. range line;
  (b) Approved maps. The appropriate
                                                  (8) Thence in a straight line in a
maps for determining the boundaries
                                                southwest direction to the point la-
for the Mendocino viticultural area are
                                                beled Eagle Rock located in Section 16,
seven U.S.G.S. maps. They are titled:
                                                T. 15 N., R. 13 W.;
  (1) ‘‘Willits Quadrangle, California—
                                                  (9) Thence in a straight line in a
Mendocino Co.,’’ 15 minute series (1961);
                                                southeast direction to the point labeled
  (2) ‘‘Potter Valley Quadrangle, Cali-         Bus McGall Peak located in Section 4,
fornia,’’ 15 minute series (1960);              T. 13 N., R. 12 W.;
  (3) ‘‘Ukiah Quadrangle, California,’’           (10) Thence in a straight line in a
15 minute series (1958);                        westerly direction to an unnamed hill-
  (4) ‘‘Hopland Quadrangle, California,’’       top, elevation 2,015 feet, in the north-
15 minute series (1960);                        east corner of Section 9, T. 13 N., R. 13
  (5) ‘‘Boonville Quadrangle, Cali-             W.;
fornia—Mendocino Co.,’’ 15 minute se-             (11) Thence in a straight line in a
ries (1959);                                    northwest direction to the junction of
  (6) ‘‘Navarro Quadrangle, California—         Baily Gulch and the South Branch,
Mendocino Co.,’’ 15 minute series (1961);       North Fork of the Navarro River, lo-
  (7) ‘‘Ornbaun Valley Quadrangle,              cated in Section 8, T.15N., R.15W.;
California,’’ 15 minute series (1960).            (12) Thence in a straight line in a
  (c) Boundaries. The ‘‘Mendocino’’             southwest direction to Benchmark
viticultural area is located entirely           (BM) 1057 located in Section 28, T. 15
within Mendocino County, California.            N., R. 16 W.;
The beginning point is the southeast              (13) Thence due south in a straight
corner of Section 30, Township 12 North         line approximately 1.4 miles to Green-
(T. 12 N.), Range 10 West (R. 10 W.) lo-        wood Creek located in Section 33, T. 15
cated along the Mendocino County/               N., R. 16 W.;
Sonoma County line in the southeast               (14) Thence following Greenwood
quadrant of U.S.G.S. map ‘‘Hopland              Creek in a generally southeasterly and
Quadrangle.’’                                   then a northeasterly direction to where
  (1) From the beginning point, the             it intersects with the south section
boundary runs north along the eastern           line of Section 16, T. 14 N., R. 15 W., ap-
boundary of Sections 30, 19, 18, 7 and 6        proximately .2 miles west of Cold
to the point labeled Jakes Cr (Jakes            Springs Road;
Creek) located at the northwest corner            (15) Thence in an easterly direction
of Section 5, T. 12 N., R. 10 W.;               along the south section lines of Sec-
  (2) Thence in a straight line in a            tions 16, 15, and 14, T. 14 N., R. 15 W., to
northwest direction to the point la-            the intersection of the south section
beled Bedford Rock in Section 3, T. 13          line of Section 14 with an unnamed
N., R. 11 W.;                                   creek;
  (3) Thence in a straight line in a              (16) Thence in a straight line in a
northwest direction to a point labeled          southeasterly direction to Benchmark
Red Mtn in Section 17, T. 14 N., R. 11          (BM) 680 located in Section 30, T. 13 N.,
W.;                                             R. 13 W.;

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§ 9.94                                                      27 CFR Ch. I (4–1–99 Edition)

  (17) Thence continuing in a straight            (4) Then north along the Section 21/22
line in a southerly direction to the            boundary line to the starting point at
southwest corner of Section 5, T. 12 N.,        the 1,400 foot contour line.
R. 13 W., and the Mendocino County/
                                                [T.D. ATF–163, 48 FR 57487, Dec. 30, 1983, as
Sonoma County line;                             amended by T.D. ATF–249, 52 FR 5960, Feb.
  (18) Thence continuing in a straight          27, 1987]
line in a southeasterly direction to the
intersection of the southwest corner of         § 9.95   Clarksburg.
Section 32, T. 12 N., R. 11 W., and the           (a)    Name.    The     name       of  the
Mendocino     County/Sonoma      County         viticultural area described in this sec-
line;                                           tion is ‘‘Clarksburg.’’
  (19) Thence following the Mendocino             (b) Approved maps. The appropriate
County/Sonoma County line in an eas-            maps for determining the boundaries of
terly, northerly, and then an easterly          the Clarksburg viticultural area are
direction to the beginning point.               eight U.S.G.S. topographic maps in the
[T.D. ATF–178, 49 FR 24714, June 15, 1984, as   7.5 minute series, as follows:
amended by T.D. ATF–397, 63 FR 16904, Apr.        (1) Sacramento West, Calif., 1967
7, 1998]                                        (photorevised 1980).
                                                  (2) Saxon, Calif., 1952 (photorevised
§ 9.94 Howell Mountain.                         1968).
  (a)    Name.     The   name     of   the        (3)     Clarksburg,        Calif.,    1967
viticultural area described in this sec-        (photorevised 1980).
tion is ‘‘Howell Mountain.’’                      (4) Florin, Calif., 1968 (photorevised
  (b) Approved maps. The appropriate            1980).
maps for determining the boundaries of            (5) Liberty Island, Calif., 1978.
the Howell Mountain viticultural area             (6) Courtland, Calif., 1978.
are four U.S.G.S. topographic maps in             (7)      Bruceville,       Calif.,    1978
the 7.5 minute series, as follows:              (photorevised 1980).
  (1) ‘‘Detert Reservoir, CA.,’’ 1959             (8) Isleton, Calif., 1978.
(photorevised 1980).                              (c) Boundaries. Beginning at a point
  (2) ‘‘Aetna Springs, CA.,’’ 1958              (on the Sacramento West topographic
(photorevised 1981).                            map) in Yolo County in T8N/R4E, at
                                                the intersection of Jefferson Blvd. and
  (3)      ‘‘Calistoga,    CA.,’’     1958
                                                Burrows Ave.,
(photorevised 1980).
                                                  (1) Then southwest in a straight line
  (4)    ‘‘St.    Helena,    CA.,’’   1960      1.2 miles along Jefferson Blvd. to the
(photorevised 1980).                            eastern bank of the Sacramento River
  (c) Boundaries. The Howell Mountain           Deep Water Ship Channel.
viticultural area is located in Napa              (2) Then southwest along the Sac-
County, California, and is part of the          ramento River Deep Water Ship Chan-
Napa Valley viticultural area. The              nel, approximately 17 miles to T5N/
exact boundaries of the viticultural            R3E, to the Class 5 trail on the levee
area, based on landmarks and points of          connecting the Sacramento River Deep
reference found in the approved maps,           Water Ship Channel and the dredger
as follows:                                     cut Miner Slough, approximately 2
  (1) Beginning at the 1,400 foot con-          miles from the Solano/Yolo County
tour line at the intersection of Sec-           line.
tions 15 and 16 in R6W/T9N of the                 (3) Then east along the trail to the
Detert Reservoir Quadrangle U.S.G.S.            Miner Slough.
map.                                              (4) Then east along Miner Slough to
  (2) Then continuing in an east and            the point where it joins Sutter Slough,
southeast direction along the 1,400 foot        then south along Sutter Slough around
contour line to the southeast corner of         the tip of Sutter Island to the junction
Section 23 in R5W/T8N.                          of Sutter Slough and Steamboat
  (3) Then in a generally northwest di-         Slough; then north around Sutter Is-
rection along the 1,400 foot contour            land along Steamboat Slough to Sec-
line until it intersects the line between       tion 8 in T5N/R4E where Steamboat
Sections 21 and 22 in R6W/T9N.                  Slough joins the Sacramento River.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                  § 9.96

  (5) The southeast following the Sac-          (I.C.G.) Railroad and the Mississippi
ramento River to the point where the            River levee system, on the southeast
Sacramento River meets the Delta                side of Lake Horne, between Lake
Cross Channel at the Southern Pacific           View, Mississippi, and Walls, Mis-
Railroad in Section 35, T5N/R4E.                sissippi, on the Helena map.
  (6) Then northeast along the South-             (2) Boundary Description. (i) From the
ern Pacific Railroad for 2 miles, to a          starting point generally southward
point 1⁄3 mile past the intersection of         along the Mississippi River levee sys-
the Southern Pacific Railroad and the           tem until it again intersects the I.C.G.
eastern branch of Snodgrass Slough.             Railroad, near Twin Lake, Mississippi
  (7) Then east approximately 21⁄2 miles        (about 10 miles north of Vicksburg, on
along the levee to Interstate 5 (under          the Jackson map). In any place where
construction).                                  there is more than one continuous
  (8) Then north approximately 81⁄2             levee, the one closest to the Mississippi
miles along Interstate 5 (under con-            River is the boundary.
struction, proposed, and completed) to            (ii) From the intersection described
Section 18 in T6N/R5E, at the intersec-         in paragraph (c)(2)(i), the boundary
tion of Interstate 5 and Hood Franklin          continues southward along the I.C.G.
Road.                                           tracks, until they merge with another
  (9) Then southwest along Hood                 branch of the I.C.G. Railroad, near
Franklin Road to the Southern Pacific           Redwood, Mississippi.
Railroad Levee, .1 mile northeast of
                                                  (iii) Then generally northeastward
Hood Junction.
                                                along that other branch of the I.C.G.
  (10) Then north approximately 18
                                                Railroad, to the Leflore County-
miles along the Southern Pacific Rail-
                                                Holmes County line (on the Greenwood
road Levee to Section 11 in T7N/R4E, at
                                                map).
Freeport Blvd., and then across the
Sacramento River at the line between              (iv) Then southeastward along that
Sections 11 and 14.                             county line to the Leflore County-Car-
  (11) Then northwest along the west            roll County line.
bank of the Sacramento River to Bur-              (v) Then generally northward along
rows Ave.                                       that county line to Mississippi Route 7.
  (12) Then northwest along Burrows               (vi) Then generally northeastward
Ave. to the starting point at the inter-        along Route 7 to the 90° 00′ longitude
section of Jefferson Blvd. and Burrows          line.
Ave.                                              (vii) Then northward along that lon-
                                                gitude line to Mississippi Route 8.
[T.D. ATF–166, 49 FR 2759, Jan. 23, 1984]
                                                  (viii) Then eastward along Route 8 to
§ 9.96 Mississippi Delta.                       Mississippi Route 35.
                                                  (ix) Then northward along Route 35
   (a)   Name.    The     name      of   the
                                                to Mississippi Route 322 (on the Helena
viticultural area described in this sec-
                                                map).
tion is ‘‘Mississippi Delta.’’
   (b) Approved maps. The appropriate             (x) Then generally eastward along
maps for determining the boundaries of          Route 322 to the Panola Quitman
the Mississippi Delta viticultural area         Floodway.
are three U.S.G.S. maps. They are ti-             (xi) Then northward along that
tled:                                           floodway to the range line R.9W./R.8W.
   (1) Helena, scale of 1:250,000, 1955 (re-      (xii) Then northward along that
vised 1977).                                    range line to the 200 ft. contour line
   (2) Greenwood, scale of 1:250,000, 1953      (north of Ballentine, Mississippi).
(revised 1979).                                   (xiii) Then generally northeastward
   (3) Jackson, scale of 1:250,000, 1955 (re-   along that contour line to Mississippi
vised 1973).                                    Route 3.
   (c) Boundary—(1) General. The Mis-             (xiv) Then northward along Route 3
sissippi Delta viticultural area is lo-         to the Tunica County-Tate County
cated in Mississippi, Louisiana, and            line.
Tennessee. The starting point of the              (xv) Then northward along that coun-
following boundary description is the           ty line to the Tunica County-De Soto
intersection of the Illinois Central Gulf       County line.

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§ 9.97                                                    27 CFR Ch. I (4–1–99 Edition)

  (xvi) Then northward along that                (b) Approved maps. The approved
county line to the I.C.G. Railroad.            maps for determining the boundary of
  (xvii) Then northward along the              the Monterey viticultural area are 36
I.C.G. tracks to the starting point.           U.S.G.S. quadrangle maps in the 7.5
                                               minute series, as follows:
[T.D. ATF–181, 49 FR 34354, Aug. 30, 1984]
                                                 (1)   Sycamore     Flat,    CA,    1956,
§ 9.97 Sonoita.                                photoinspected 1972;
                                                 (2) Junipero Serra Peak, CA, 1949,
   (a)    Name.   The    name     of the       photoinspected 1972;
viticultural area described in this sec-         (3) Reliz Canyon, CA, 1949;
tion is ‘‘Sonoita.’’                             (4) Paraiso Springs, CA, 1956;
   (b) Approved maps. The appropriate            (5) Thompson Canyon, CA, 1949,
maps for determining the boundaries of         photo-revised 1979;
Sonoita viticultural area are seven              (6)    Cosio     Knob,     CA,     1948,
U.S.G.S. maps. They are titled:                photoinspected 1976;
   (1) Benson Quadrangle, 15 minute se-          (7) Espinosa Canyon, CA, 1948;
ries, 1958.                                      (8) San Ardo, CA, 1967;
   (2) Fort Huachuca Quadrangle, 15              (9) Hames Valley, CA, 1949;
minute series, 1958.                             (10) Tierra Redonda Mtn., CA, 1948;
   (3) Elgin Quadrangle, 15 minute se-           (11) Bradley, CA, 1949;
ries, 1958.                                      (12) Wunpost, CA, 1948;
   (4) Lochiel Quadrangle, 15 minute se-         (13) Pancho Rico Valley, CA, 1967;
ries, 1958.                                      (14) Nattras Valley, CA, 1967;
   (5) Mount Wrightson Quadrangle, 15            (15) San Lucas, CA, 1949;
minute series, 1958.                             (16) Pinalito Canyon, CA, 1969;
   (6) Sunnyside Quadrangle, 15 minute           (17) North Chalone Peak, CA, 1969;
series, 1958.                                    (18) Soledad, CA, 1955;
   (7) Empire Mountains Quadrangle, 15           (19) Mount Johnson, CA, 1968;
minute series, 1958.                             (20) Gonzales, CA, 1955;
   (c) Bouldary—(1) General. The Sonoita         (21) Mt. Harlan Quadrangle, CA, 1968;
viticultural area is located in Arizona.         (22) Natividad Quadrangle, CA, 1947,
The starting point of the following            photo-revised 1968, photoinspected 1974;
boundary description is the summit of            (23) San Juan Bautista Quadrangle,
Mount Wrightson (9,543 feet) in the            CA, 1955, photo-revised 1980;
Santa Rita Mountains.                            (24) Prunedale Quadrangle, CA, 1954,
   (2) Boundary Description—(i) From           photo-revised 1981;
the starting point southeastward in a            (25) Watsonville East Quadrangle,
straight line for approximately 24             CA, 1955, photo-revised 1980;
miles, to the summit of Lookout Knob             (26) Watsonville West Quadrangle,
(6,171 feet) in the Canelo Hills.              CA, 1954, photo-revised 1980;
   (ii) From there in a straight line            (27) Moss Landing Quadrangle, CA,
eastward for approximately 10 miles, to        1954, photo-revised 1980;
the summit of Huachuca Peak (8,410               (28) Marina Quadrangle, CA, 1947,
feet) in the Huachuca Mountains.               photo-revised 1968 and 1974;
   (iii) From there north-northwestward          (29) Monterey, CA, 1947, photo-revised
for approximately 21 miles in a                1968, photoinspected 1974;
straight line to the summit of Granite           (30)    Mt.    Carmel,      CA,    1956,
Peak (7,413 feet) in the Whetstone             photoinspected 1972;
Mountains.                                       (31)   Carmel     Valley,    CA,   1956,
   (iv) From there west-southwestward          photoinspected 1974;
in a straight line for approximately 26          (32) Spreckels, CA, 1947, photo-revised
miles, to the summit of Mount                  1968, photoinspected 1975;
Wrightson (the point of beginning).              (33) Chualar, CA, 1947, photo-revised
                                               1968, photoinspected 1974;
[T.D. ATF–189, 49 FR 43054, Oct. 26, 1984]       (34)    Rana     Creek,     CA,    1956,
                                               photoinspected 1973; and
§ 9.98 Monterey.                                 (35) Palo Escrito Peak, CA, 1956;
   (a)   Name.   The   name    of    the         (36) Greenfield, CA, 1956;
viticultural area described in this sec-         (37) Salinas, CA, 1947 (photorevised
tion is ‘‘Monterey.’’                          1975); and

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                   § 9.98

  (38) Seaside, CA, 1947 (photorevised        southwest corner of section 7, T. 21 S.,
1968, photoinspected 1974).                   R. 8 E.
  (c)     Boundary.      The     Monterey       (13) Then west along the northern
viticultural area is located in Mon-          boundary of section 13 to the northwest
terey County, California. The boundary        corner of section 13, T. 21 S., R. 7 E.
is as follows:                                  (14) Then south along the western
  (1) The beginning point is found on         boundaries of sections 13 and 24 to the
the ‘‘Sycamore Flat’’ U.S.G.S. 7.5            southwest corner of section 24, T. 21 S.,
minute map at the junction of Arroyo          R. 7 E.
Seco Road and the Jamesburg Road, in            (15) Then east northeast in a straight
the southeast corner of section 21,           diagonal line across section 24, T. 21 S.,
T(ownship) 19 S., R(ange) 5 E. (This is       R. 7 E., and across section 19, T. 21 S.,
also the beginning point for the Arroyo       R. 8 E., to the northeast corner of sec-
Seco viticultural area.)                      tion 19, T. 21 S., R. 8 E.
  (2) The boundary proceeds directly            (16) Then northeast in a straight di-
west along the southern boundary of           agonal line across section 17 to the
section 21 to the southwest corner of         northeast corner of section 17, T. 21 S.,
section 21, T. 19 S., R. 5 E.                 R. 8 E.
  (3) Then southeast in a straight di-          (17) Then southeast in a straight di-
agonal line across section 28 to the          agonal line across sections 16, 22, 26
southeast corner of section 28, T. 19 S.,     and 36 in T. 21 S., R. 8 E. and across
R. 5 E.                                       sections 6, 8, and 16 in T. 22 S., R. 9 E.
  (4) Then directly east along the            to the southeast corner of section 16, T.
southern boundaries of sections 27, 26        22 S., R. 9 E.
and 25 in T. 19 S., R. 5 E., sections 30,       (18) Then east southeast in a straight
29, 28, 27, 26 and 25 in T. 19 S., R. 6 E.,   diagonal line across sections 22, 23, 24,
and sections 30, 29, and 28 in T. 19 S., R.   T. 22 S., R. 9 E., and across section 19,
7 E. to the southeast corner of section       T. 22 S., R. 10 E., to the southeast cor-
28, T. 19 S., R. 7 E.                         ner of section 19, T. 22 S., R. 10 E.
  (5) Then south along the eastern              (19) Then south southeast in a
boundary of section 33 to the southeast       straight diagonal line across sections
corner of section 33, T. 19 S., R. 7 E.       29, 32, and 33, T. 22 S., R. 10 E., to the
  (6) Then southeast in a straight di-        southeast corner of section 4, T. 23 S.,
agonal line across section 3 to the           R. 10 E.
southeast corner of section 3, T. 20 S.,        (20) Then south southeast in a
R. 7 E.                                       straight diagonal line across sections
  (7) Then south southeast in a straight      10, 15, 23, and 26 to the southeast corner
diagonal line across sections 11 and 14       of section 26, T. 23 S., R. 10 E.
to the southeast corner of section 14, T.       (21) Then northwest in a straight di-
20 S., R. 7 E.                                agonal line across section 26 to the
  (8) Then south along the western            northwest corner of section 26, T. 23 S.,
boundaries of sections 24 and 25 to the       R. 10 E.
southwest corner of section 25, T. 20 S.,       (22) Then west northwest in a
R. 7 E.                                       straight diagonal line across sections
  (9) Then east along the southern            22, 21, 20, and 19, T. 23 S., R. 10 E. to the
boundaries of sections 25 and 30 to the       northwest corner of section 24, T. 23 S.,
southeast corner of section 30, T. 20 S.,     R. 9 E.
R. 8 E.                                         (23) Then southeast across sections
  (10) Then southwest in a straight di-       24, 25, 30, 31, and 32, to the southeast
agonal line across section 31 to the          corner of section 5, T. 24 S., R. 10 E.
southwest corner of section 31, T. 20 S.,       (24) Then east southeast in a straight
R. 8 E.                                       diagonal line across section 9 to the
  (11) Then west along the southern           southeast corner of section 10, T. 24 S.,
boundary of section 36, T. 20 S., R. 7 E.,    R. 10 E.
to the northwest corner of section 6, T.        (25) Then south southeast in a
21 S., R. 8 E.                                straight diagonal line across section 14
  (12) Then south along the western           to the southeast corner of section 23, T.
boundaries of sections 6 and 7 to the         24 S., R. 10 E.

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§ 9.98                                                   27 CFR Ch. I (4–1–99 Edition)

  (26) Then southwest in a straight di-         (39) Then west along the northern
agonal line to the southwest corner of        boundaries of sections 1 and 2 to the
section 26, T. 24 S., R. 10 E.                northwest corner of section 2, T. 18 S.,
  (27) Then south along the western           R. 7 E.
boundary of section 35 to the southwest         (40) Then northwest in a straight di-
corner of section 35, T. 24 S., R. 10 E.      agonal line across section 34 to the
  (28) Then east along the southern           northwest corner of section 34, T. 17 S.,
boundaries of sections 35 and 36 to the       R. 7 E.
southeast corner of section 36, T. 24 S.,       (41) Then west along the southern
R. 10 E.                                      boundaries of sections 28 and 29 to the
  (29) Then north along the eastern           southwest corner of section 29, T. 17 S.,
boundaries of sections 36 and 25 to the       R. 7 E.
northeast corner of section 25, T. 24 S.,       (42) Then northwest in a straight di-
R. 10 E.                                      agonal line across sections 30, 24, 14, 10
  (30) Then northeast in a straight di-       and 4 to the northwest corner of sec-
agonal line across sections 19, 18, and       tion 4, T. 17 S., R. 6 E.
17 to the northeast corner of section 8,        (43) Then north northeast in a
T. 24 S., R. 11 E.                            straight line across the easternmost
  (31) Then west northwest in a               portion of section 32 to the northeast
straight diagonal line across section 5       corner of section 32, T. 16 S., R. 6 E.
to the northwest corner of section 6, T.        (44) Then north along the eastern
24 S., R. 11 E.                               boundary of section 29 to the northeast
  (32) Then north along the line sepa-        corner of section 29, T. 16 S., R. 6 E.
rating Range 10 E. and Range 11 E.
                                                (45) Then northwest in a straight di-
along the eastern boundary lines of
                                              agonal line across section 20 to the
sections 36, 25, 24, 13, 12 and 1 in Town-
                                              northwest corner of section 20, T. 16 S.,
ship 23 S., and along the western
                                              R. 6 E.
boundaries of sections 36, 25, 24, 13, 12
                                                (46) Then west northwest in a
and 1 in Township 22 S., to the north-
                                              straight diagonal line across sections
east corner of section 36, T. 21 S., R. 10
                                              18 and 13 to the northwest corner of
E.
                                              section 13, T. 16 S., R. 5 E.
  (33) Then west northwest in a
straight diagonal line across sections          (47) Then north northwest in a
25, 26, 23, 22, 15, 16 and 9 to the north-    straight diagonal line across sections
west corner of section 8, T. 21 S., R. 10     11 and 2 to the northwest corner of sec-
E.                                            tion 2, T. 16 S., R. 5 E.
  (34) Then northwest in a straight di-         (48) Then west along the southern
agonal line to the northwest corner of        boundaries of section 34 and 33 to the
section 6, T. 21 S., R. 10 E.                 southwest corner of section 33, T. 15 S.,
  (35) Then west along the northern           R. 5 E.
boundary of section 1, T. 21 S., R. 9 E.        (49) Then north along the western
to the southeast corner of section 36, T.     boundary of section 33, T. 15 S., R. 5 E.,
20 S., R. 9 E.                                in a straight line for approximately 0.5
  (36) Then northwest in a straight di-       mile to the intersection with the
agonal line across sections 36, 26, 22, 16,   Chualar Land Grant boundary at the
8, and 6 in T. 20 S., R. 9 E. to the north-   northwestern corner of section 33, T. 15
west corner of section 6, T. 20 S., R. 9      S., R. 5 E.
E.                                              (50) Then northeast in a straight di-
  (37) Then north along the line sepa-        agonal line across the Chualar Land
rating Range 8 E. and Range 9 E. along        Grant and section 27 to the northeast
the western boundaries of sections 36,        corner of section 27, T. 15 S., R. 5 E.
25, 24, 13, 12, and 1, T. 19S., R. 8 E. to      (51) Then northwest in a straight di-
the northeast corner of section 1, T. 19      agonal line across section 22 to the
S., R. 9 E.                                   northwest corner of section 22, T. 15 S.,
  (38) Then northwest in a straight di-       R. 5 E.
agonal line to the point of intersection        (52) Then west in a straight line
of the boundary line separating R. 7 E.       along the southern boundaries of sec-
and R. 8 E. and the boundary line sepa-       tions 16 and 17, T. 15 S., R. 5 E., to the
rating T. 17 S. and T. 18 S.                  southwest corner of section 17 where it

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intersects with the Encinal Y Buena          Point Lobos State Reserve on the Car-
Esperanza Land Grant boundary.               mel Peninsula.
  (53) Then north and then west along          (63) Then southeast in a straight di-
the eastern boundary of the Encinal Y        agonal line to the southwestern corner
Buena Esperanza Land Grant and the           of section 25, T. 16 S., R. 1 W.
western boundaries of sections 21, 17, 8,      (64) Then east along the southern
and 7, T. 15 S., R. 5 E.                     boundaries of section 25, T. 16 S., R. 1
  (54) Then in a straight line from the      W., and sections 30 and 29, T. 16 S., R.
northwest corner of the Encinal Y            1 E., to the southeastern corner of sec-
Buena Esperanza Land Grant boundary          tion 29 where it intersects with the
and section 7, T. 15 S., R. 5 E. in a west   southwestern boundary of the El
northwest direction to the point where       Potrero de San Carlos Land Grant.
the power transmission line (with lo-          (65) Then southeast along the south-
cated metal tower) intersects at the         western boundary line of the El
western boundary of the Cienega del          Potrero de San Carlos Land Grant to
Gabilan Land Grant and the eastern           the southeastern corner of section 33,
boundary of the El Alisal Land Grant,        T. 16 S., R. 1 E.
T. 14 S., R. 4 E.                              (66) Then east along the line sepa-
  (55) Then north and then northwest         rating Township 16 S. and Township 17
along the boundary line between the          S. and across Pinyon Peak to the
Cienega del Gabilan Land Grant and El        southeast corner of section 32, T. 16 S.,
Alisal Land Grant to the westernmost         R. 2 E. (This is the beginning and end-
corner of the Cienega del Gabilan Land       ing point of the boundary of Carmel
Grant, T. 14 S., R. 4 E.                     Valley viticultural area.)
  (56) Then west along the boundary            (67) Then continuing east along the
line between the Sausal Land Grant           line separating Township 16 S. from
and La Natividad Land Grant to the           Township 17 S. to its point of intersec-
point where the boundary line inter-         tion with the line separating Range 2
sects Old Stage Road.                        E. and Range 3 E.
  (57) Then north along Old Stage Road
                                               (68) Then north along the western
to the point where Old Stage Road
                                             boundaries of sections 31, 30, 19, 18, 7
intersects the Monterey County—San
                                             and 6 in T. 16 S., R. 3 E. to the south-
Benito County line, T. 13 S., R. 4 E.
                                             western corner of section 31, T. 15 S., R.
  (58) Then northwest along the Mon-
                                             3 E.
terey County—San Benito County line
to the point near the Town of Aromas           (69) Then in a straight diagonal line
where the boundary lines of the coun-        east northeast across sections 31, 32
ties of Monterey, Santa Cruz, and San        and 33, T. 15 S., R. 3 E. to the southeast
Benito meet, T. 12 S., R. 3 E.               corner of section 28, T. 15 S., R. 3 E.
  (59) Then in a meandering line along         (70) Then southeast in a straight di-
the Monterey County—Santa Cruz               agonal line along the eastern bound-
County line east then southeast to the       aries of sections 33 and 34, T. 15 S., R.
Pacific Ocean, T. 12 S., R. 1 E.             3 E., and sections 3, 2, 12, 16, 20, 21, and
  (60) Then south along the coastline of     28, T. 16 S., R. 4 E., to the point where
Monterey Bay to its intersection with        the eastern boundary line of section 28
the northwesternmost boundary of             intersects the boundary line of the
Fort Ord Military Reservation, T. 14 S.,     Guadalupe Y Llanitos de Los Correos
R. 1 E.                                      Land Grant.
  (61) Then following the boundry line         (71) Then south to the southwest cor-
of the Fort Ord Military Reservation in      ner of section 34, T. 16 S., R. 4 E.
an irregular line generally east, then         (72) Then east to the northwest cor-
south, then west to the point where the      ner of section 2, T. 17 S., R. 4 E.
boundary line of the military reserva-         (73) Then south along the eastern
tion meets the Pacific Ocean, T. 15 S.,      boundary of section 3 to the southeast
R. 1 E.                                      corner of section 3, T. 17 S., R. 4 E.
  (62) Then following the coastline of         (74) Then southeast in a straight di-
the Monterey Peninsula south along           agonal line across sections 11, 13, 19,
the coastline of Carmel Bay to Carmel        and 29, to the southeast corner of sec-
Point, the northwesternmost point of         tion 29, T. 17 S., R. 5 E.

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§ 9.99                                                      27 CFR Ch. I (4–1–99 Edition)

  (75) Then south along the western               (1) ‘‘Lower Lake Quadrangle, Cali-
boundary of section 33 to the southwest         fornia,’’ 15 minute series, 1958;
corner of section 33, T. 17 S., R. 5 E.           (2) ‘‘Clearlake Oaks Quadrangle, Cali-
  (76) Then east along the southern             fornia,’’ 15 minute series, 1960;
boundary of section 33 to the northeast           (3) ‘‘Lakeport Quadrangle, Cali-
corner of section 4, T. 18 S., R. 5 E.          fornia,’’ 15 minute series, 1958;
  (77) Then southeast in a diagonal line          (4) ‘‘Kelseyville Quadrangle, Cali-
acros sections 3 and 11 to the southeast        fornia,’’ 15 minute series, 1959.
corner of section 11, T. 18 S., R. 5 E.           (c) Boundaries. The Clear Lake
  (78) Then south along the western             viticultural area is located in south-
boundary of section 13 to the southwest         western Lake County, California. The
corner of section 13, T. 18 S., R. 5 E.         descriptive     boundaries        of the
  (79) Then southeast in a diagonal line        viticultural area, using landmarks and
across section 24 to the southeast cor-         points of reference on the applicable
ner of section 24, T. 18 S., R. 5 E.            U.S.G.S. maps, are as follows:
  (80) Then south along the western               Lower Lake Quadrangle Map (15 minute se-
boundaries of section 30 and 31 to the          ries); From the beginning point on Mt. Han-
southwest corner of section 31, T. 18 S.,       nah in Section 16, Township 12 North (T12N),
R. 6 E.                                         Range 8 West (R8W), identified as having an
  (81) Then east along the southern             elevation of 3,978 feet, the boundary runs—
boundaries of sections 31 and 32 to the           (1) East-southeasterly in a straight line to
southeast corner of section 32, T. 18 S.,       the point on Seigler Mountain in Section 23,
R. 6 E. (From this point, the Monterey          T12N/R8W, identified as having an elevation
                                                of 3,692 feet;
and Arroyo Seco viticultural areas
                                                  (2) Then east-southeasterly in a straight
share the same boundary lines.)                 line to the point on Childers Peak in Section
  (82) Then south along the eastern             34, T12N/R7W, identified as having an ele-
boundaries of sections 5, 8, and 17 to          vation of 2,188 feet;
Arroyo Seco Road, T. 19 S., R. 6 E.               (3) Then east-northeasterly in a straight
  (83) Then southwest in a straight line        line to the point on the southeast corner of
for approximately 1.0 mile to Bench-            Section 25, T12N/R7W;
mark 673, T. 19 S., R. 6 E.                       (4) Then northeasterly in a straight line to
                                                the point in Section 16, T12N/R6W, identified
  (84) Then west in a straight line for
                                                as being the ‘‘Baker Mine;’’
approximately 1.8 miles to Bench Mark             (5) Then northwesterly in a straight line to
649.                                            the point at the southeast corner of Section
  (85) Then northwest in a straight line        23, T13N/R7W;
for approximately 0.2 mile to the                 (6) Then northerly along the east line of
northeast corner of section 23, T. 19 S.,       Sections 23, 14, 11, and 2, to the point at the
R. 5 E.                                         northeast corner of Section 2, T13N/R7W, on
  (86) Then west following the northern         the Clearlake Oaks Quadrangle map;
                                                  Clearlake Oaks Quadrangle Map (15 minute
boundaries of sections 23 and 22 to the
                                                series); Continuing from the northeast cor-
northwest corner of section 22, T. 19 S.,       ner of Section 2, T13N/R7W—
R. 5 E.                                           (7) Then northwesterly in a straight line to
  (87) Then south in a straight line            the point in Section 21, T14N/R7W, at the top
along the western boundary of section           of Round Mountain
22 to the point of beginning.                     (8) Then northwesterly in a straight line to
                                                the southeast corner of Section 4, T14N/R8W;
[T.D. ATF–178, 49 FR 24718, June 15, 1984, as     Lakeport Quadrangle Map (15 minute se-
amended by T.D. ATF–249, 52 FR 5960, Feb.       ries); Continuing from the southeast corner
27, 1987]                                       of Section 4, T14N/R8W, on the Clearlake
                                                Oaks Quadrangle Map—
§ 9.99 Clear Lake.                                (9) Then northwesterly on the Lakeport
  (a)    Name.    The   name   of    the        Quadrangle in a straight line to a point on
viticultural area described in this sec-        Charlie Alley Peak in Section 28, T16N/R9W,
tion is ‘‘Clear Lake.’’                         identified as having an elevation of 3,482 feet;
                                                  (10) Then westerly in a straight line to a
  (b) Approved Maps. The appropriate            point on Hells Peak in Section 29, T16N/
maps for determining the boundaries of          R10W, identified as having an elevation of
the Clear Lake viticultural area are            2,325 feet;
four U.S.G.S. maps. The maps are ti-              (11) The southeasterly in a straight line to
tled as follows:                                a point on Griner Peak in Section 23, T15N/

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Bureau of Alcohol, Tobacco and Firearms, Treasury                               § 9.100
R10W, identified as having an elevation of       (12) ‘‘San Miguel, N. Mex.,’’ 7.5
2,132 feet;                                    minute series, edition of 1955;
  (12) Then southwesterly in a straight line
to a point on Scotts Mountain in Section 8,
                                                 (13) ‘‘Smeltertown, Tex.-N. Mex.,’’ 7.5
T14N/R10W, identified as having an elevation   minute      series,   edition    of  1955
of 2,380 feet;                                 (photorevised 1967 and 1973);
  (13) Then southeasterly in a straight line     (14) ‘‘Strauss, N. Mex.-Tex.,’’ 7.5
to a point on Lakeport Peak in Section 35,     minute series, edition of 1955; and
T14N/R10W, identified as having an elevation     (15) ‘‘Tortugas Mountain, N. Mex.,’’
of 2,180 feet;
  Kelseyville Quadrangle Map (15 minute se-
                                               7.5 minute series, edition of 1955.
ries); Continuing from Lakeport Peak in          (c) Boundaries. The Mesilla Valley
Section 35, T14N/R10W, on the Lakeport         viticultural area is located within
Quadrangle Map—                                Dona Ana County, New Mexico, and El
  (14) Then southeasterly in a straight line   Paso County, Texas. The boundaries
to the point at the southwest corner of Sec-   are as follows: The beginning point is
tion 1, T13N/R10W;
  (15) Then south by southeast in a straight
                                               at the Faulkner Canyon on the
line to the point at the southeast corner of   ‘‘Leasburg, N. Mex.’’ U.S.G.S. map at
Section 36, T13N/R10W;                         the northwest corner of Section 15,
  (16) Then south by southeasterly in a        Township 21 South (T21S), Range 1
straight line to the point at the southwest    West (R1W).
corner of Section 18, T12N/R8W;                  (1) From the beginning point, the
  (17) Then east by northeast in a straight    boundary runs east 3.7 miles along the
line to the beginning point at Mount Han-
nah, Section 16, T12N/R8W, on the Lower
                                               north section line until it converges
Lake Quadrangle Map.                           with the 4,200 foot elevation contour
                                               line at Section 18, T21S/R1E;
[T.D. ATF–174, 49 FR 19468, May 8, 1984]
                                                 (2) Then it runs southeasterly 31
§ 9.100 Mesilla Valley.                        miles along the 4,200 foot elevation
                                               contour line to a point approximately
   (a)    Name.    The    name     of   the    3.5 miles south of Bishop Cap where it
viticultural area described in this sec-       intersects the Fort Bliss Military Res-
tion is ‘‘Mesilla Valley.’’                    ervation boundary at the northeast
   (b) Approved maps. The appropriate
                                               portion of Section 13, T25S/R3E on the
maps for determining the boundaries of
                                               ‘‘Bishop Cap, N. Mex.’’ U.S.G.S. map;
Mesilla Valley viticultural area are 15
                                                 (3) Then it follows the Fort Bliss
U.S.G.S. quadrangle 7.5 minute series
                                               Military Reservation boundary south
maps. They are entitled:
   (1) ‘‘Anthony, N. Mex.-Tex.,’’ 7.5          for approximately 3.7 miles and east
minute series, edition of 1955;                approximately .8 mile to the intersec-
   (2) ‘‘Bishop Cap, N. Mex.,’’ 7.5 minute     tion with the 4,200 foot elevation con-
series, edition of 1955;                       tour line at the southeast portion of
   (3) ‘‘Black Mesa, N. Mex.,’’ 7.5 minute     Section 6, T26S/R4E on the ‘‘Anthony,
series, edition of 1978;                       N. Mex.-Tex.’’ U.S.G.S. map;
   (4) ‘‘Canutillo, Tex.-N. Mex.,’’ 7.5          (4) Then it runs south along the 4,200
minute       series,   edition    of   1955    foot elevation contour line for approxi-
(photorevised 1967);                           mately 20 miles until it intersects the
   (5) ‘‘Dona Ana, N. Mex.,’’ 7.5 minute       La Mesa Road (Mesa Avenue) in the
series, edition of 1978;                       city limits of El Paso, Texas, on the
   (6) ‘‘La Mesa, N. Mex.,’’ 7.5 minute se-    ‘‘Smeltertown, Tex.-N. Mex.’’ U.S.G.S.
ries, edition of 1955;                         map;
   (7) ‘‘La Union, N. Mex.-Tex.’’ 7.5            (5) Then it heads south on the La
minute series, edition of 1955;                Mesa Road (Mesa Avenue) for 1.2 miles
   (8) ‘‘Las Cruces, N. Mex.,’’ 7.5 minute     until it meets Executive Center Boule-
series, edition of 1978;                       vard     that    goes   to    La    Guna/
   (9) ‘‘Leasburg, N. Mex.,’’ 7.5 minute       Smeltertown;
series, edition of 1978;                         (6) Then it travels in a southwesterly
   (10) ‘‘Little Black Mountain, N.            direction for 1.1 miles on Executive
Mex.,’’ 7.5 minute series, edition of          Center     Boulevard     to   La    Guna/
1978;                                          Smeltertown until it crosses the
   (11) ‘‘Picacho Mountain, N. Mex.,’’ 7.5     Southern Pacific Railroad tracks at
minute series, edition of 1978;                Smeltertown, Texas;

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§ 9.101                                                   27 CFR Ch. I (4–1–99 Edition)

  (7) Then it proceeds back into New             (3) ‘‘New York, N.Y.; N.J.; Conn., U.S.
Mexico northwesterly along the South-          1:250,000 series, scaled at 1:250,000, edi-
ern Pacific Railroad tracks approxi-           tion of 1960, revised 1979;
mately 12.5 miles to a point near the            (4) ‘‘Providence, R.I.; Mass.; Conn.;
switch yards at Strauss, New Mexico,           N.Y., U.S. 1:250,000 series, scaled at
where it intersects the 4,100 foot ele-        1:250,000, edition of 1947, revised 1969,
vation contour line at the center of           and
Section 24, T28S/R2E on the ‘‘Strauss,           (5) ‘‘Hartford, Conn.; N.Y.; N.J.;
N. Mex.-Tex.’’ U.S.G.S. map;                   Mass., U.S. 1:250,000 series, scaled at
  (8) Then it follows the 4,100 foot ele-      1:250,000, edition of 1962, revised 1975.
vation contour line in a northwesterly           (c) Boundaries. The boundaries of the
direction for 17 miles until it intersects     viticultural area are as follows: ‘‘The
with the south section line of Section         Hamptons, Long Island’’ viticultural
29, T25S/R2E, on the ‘‘Little Black            area is located entirely within eastern
Mountain, N. Mex.’’ U.S.G.S. map;              Suffolk County, Long Island, New
  (9) Then it runs westerly approxi-           York. The viticultural area boundaries
mately .5 mile along the south section         consist of all of the land areas of the
line until it meets the 4,150 foot ele-        South Fork of Long Island, New York,
vation contour line at Section 29, T25S/       including all of the beaches, shorelines,
R2E;                                           islands and mainland areas in the
  (10) Then it follows the 4,150 foot ele-     Townships of Southampton and East
vation contour line northward for 15           Hampton (including Gardiners Island).
miles until it meets with Interstate           The beginning point is found on the
Highway 70/80/180 at the southeast cor-        ‘‘Riverhead, N.Y.’’ U.S.G.S. map on the
ner of Section 19, T23S/R1E, on the            Peconic River about 2 miles east of
‘‘Las Cruces, N. Mex.’’ U.S.G.S. map;          Calverton where the Townships of
  (11) Then it runs southwest along            Riverhead, Brookhaven and South-
Interstate Highway 70/80/180 for ap-           ampton meet:
proximately .9 mile until it reaches the         (1) The boundary travels south ap-
4,200 foot elevation contour line at the       proximately 10 miles along the South-
northwest corner of Section 30, T23S/          ampton/Brookhaven         Township      line
R1E, on the ‘‘Picacho Mt., N. Mex.’’           until it reaches the dunes on the Atlan-
U.S.G.S. map;                                  tic Ocean near Cupsogue Beach on the
  (12) Then it meanders in a northerly         ‘‘Eastport, N.Y.’’ U.S.G.S. map.
direction on the 4,200 foot elevation            (2) Then the boundary proceeds east
contour line for 15 miles until it             and west along the beaches, shorelines,
reaches the section line at the south-         islands and mainland areas of the en-
west corner of Section 15, T21S/R1W on         tire South Fork of Long Island de-
the ‘‘Leasburg, N. Mex.’’ U.S.G.S. map;        scribed on the ‘‘New York,’’ ‘‘Provi-
  (13) Then finally it goes north along        dence,’’ and ‘‘Hartford’’ U.S.G.S. maps
the section line to Faulkner Canyon            until it reaches the Peconic River near
until it meets with the northwest cor-         Calverton at the beginning point.
ner of Section 15, T21S/R1W, which is          These boundaries consist of all of the
the beginning point.                           land found in the Townships of South-
[T.D. ATF–197, 50 FR 6163, Feb. 14, 1985]      ampton and East Hampton (including
                                               Gardiners Island).
§ 9.101 The Hamptons, Long Island.             [T.D. ATF–205, 50 FR 20413, May 16, 1985, as
   (a)    Name.   The     name     of    the   amended by T.D. ATF–344, 58 FR 40354, July
viticultural area described in this sec-       28, 1993]
tion is ‘‘The Hamptons, Long Island.’’
   (b) Approved maps. The appropriate          § 9.102 Sonoma Mountain.
maps for determining the boundaries of            (a)   Name.   The     name  of    the
‘‘The      Hamptons,       Long     Island’’   viticultural area described in this sec-
viticultural area are 5 U.S.G.S. maps.         tion is ‘‘Sonoma Mountain.’’
They are entitled:                                (b) Approved maps. The approved
   (1) ‘‘Riverhead, N.Y.,’’ 7.5 minute se-     maps for determining the boundary of
ries, scaled at 1:24,000, edition of 1956;     the Sonoma Mountain viticultural area
   (2) ‘‘Eastport, N.Y.,’’ 7.5 minute se-      are 2 U.S.G.S. topographic maps in the
ries, scaled at 1:24,000, edition of 1956;     7.5 minute series, as follows:

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Bureau of Alcohol, Tobacco and Firearms, Treasury                               § 9.103

  (1) Glen Ellen, Calif., dated 1954,          minute series and 2–15 minute series).
photorevised 1980; and                         They are entitled:
  (2) Kenwood, Calif., dated 1954,               (1) ‘‘Akela, N. Mex.,’’ 7.5 minute se-
photorevised 1980.                             ries, edition of 1972;
  (c) Boundary. The Sonoma Mountain              (2) ‘‘Antelope Hill, N. Mex.,’’ 7.5
viticultural area is located in Sonoma         minute      series,    edition   of  1963
County, California. The boundary is as         (photoinspected 1974);
follows:                                         (3) ‘‘Bisbee Hills, N. Mex.,’’ 7.5
  (1) The beginning point is the north-        minute series, edition of 1965;
ern most point at which the 1600-foot            (4) ‘‘Bowlin Ranch, N. Mex.,’’ 7.5
contour line crosses the section line di-      minute series, edition of 1965;
viding section 22 from section 23, in            (5) ‘‘Capital Dome, N. Mex.,’’ 7.5
Township 6 North, Range 7 West.                minute series, edition of 1965;
  (2) The boundary follows this section          (6) ‘‘Carne, N. Mex.,’’ 7.5 minute se-
line north to the 800-foot contour line.       ries, edition of 1965;
  (3) The boundary follows the 800-foot          (7) ‘‘Columbus, N. Mex.,’’ 7.5 minute
contour line westerly, easterly, and           series, edition of 1965;
northerly to Bennett Valley Road.                (8) ‘‘Columbus NE, N. Mex.,’’ 7.5
  (4) The boundary follows Bennett             minute series, edition of 1966;
Valley Road easterly to Enterprise               (9) ‘‘Columbus SE, N. Mex.,’’ 7.5
Road.                                          minute series, edition of 1966;
  (5) The boundary follows Enterprise            (10) ‘‘Deming East, N. Mex.,’’ 7.5
Road southeasterly to an unnamed               minute series, edition of 1965;
stream, in Section 7, Township 6 North,          (11) ‘‘Deming West, N. Mex.,’’ 7.5
Range 7 West, which crosses Enterprise         minute      series,    edition   of  1964
Road near the point at which the road          (photoinspected 1972);
turns from an easterly to a southerly            (12) ‘‘Dwyer, N. Mex.,’’ 15 minute se-
direction.                                     ries, edition of 1956;
  (6) The boundary follows this stream           (13) ‘‘Faywood Station, N. Mex.,’’ 7.5
easterly to the 400-foot contour line.         minute series, edition of 1947;
  (7) The boundary follows the 400-foot          (14) ‘‘Florida Gap, N. Mex.,’’ 7.5
contour line southerly to the township         mintue series, edition of 1964;
line dividing Township 6 North from              (15) ‘‘Goat Ridge, N. Mex.,’’ 7.5
Township 5 North.                              minute series, edition of 1964;
  (8) The boundary follows a straight            (16) ‘‘Gym Peak, N. Mex.,’’ 7.5 minute
line extension of this township line           series, edition of 1964;
west to the 1200-foot contour line.              (17) ‘‘Hermanas, N. Mex.,’’ 7.5 minute
  (9) The boundary follows the 1200-foot       series, edition of 1964;
contour line northwesterly to the                (18) ‘‘Malpais Hill, N. Mex.,’’ 7.5
range line dividing Range 6 West from          minute series, edition of 1965;
Range 7 West.                                    (19) ‘‘Midway Butte, N. Mex.,’’ 7.5
  (10) The boundary follows this range         minute series, edition of 1965;
line south to the 1600-foot contour line.        (20) ‘‘Myndus, N. Mex.,’’ 7.5 minute
  (11) The boundary follows this con-          series, edition of 1972;
tour line westerly to the beginning              (21) ‘‘North Peak, N. Mex.,’’ 7.5
point.                                         minute series, edition of 1965;
[T.D. ATF–196, 50 FR 2979, Jan. 23, 1985, as     (22) ‘‘Red Mountain, N. Mex.,’’ 7.5
amended by T.D. ATF–249, 52 FR 5960, Feb.      minute series, edition of 1965;
27, 1987]                                        (23) ‘‘San Lorenzo, N. Mex.,’’ 15
                                               minute series, edition of 1956;
§ 9.103 Mimbres Valley.                          (24) ‘‘Sibley Hole, N. Mex.,’’ 7.5
  (a)    Name.  The    name    of    the       minute series, edition of 1972;
viticultural area described in this sec-         (25) ‘‘South Peak, N. Mex.,’’ 7.5
tion is ‘‘Mimbres Valley.’’                    minute series, edition of 1965;
  (b) Approved maps. The appropriate             (26) ‘‘Spalding, N. Mex.,’’ 7.5 minute
maps for determining the boundaries of         series, edition of 1964;
the Mimbres Valley viticultural area             (27) ‘‘West Lime Hills, N. Mex.,’’ 7.5
are 28 U.S.G.S. quadrangle maps (26–7.5        minute series, edition of 1965; and

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§ 9.103                                                27 CFR Ch. I (4–1–99 Edition)

  (28) ‘‘Williams Ranch, N. Mex.,’’ 7.5        (10) The boundary goes east 5 miles
minute series, edition of 1964.              on the section line to the east line of
  (c) Boundaries. The Mimbres Valley         Sec. 36, T17S/R10W;
viticultural area is located within            (11) The boundary proceeds south on
Grant and Luna Counties, New Mexico.         the section line for 13 miles to the
The boundaries are as follows: The be-       south line of Sec. 36 (also indicated on
ginning point is located at Faywood          map as Luna/Grant Country line),
Station on an unimproved dirt road at        T19S/R10W on the Dwyer, N. Mex.
benchmark 4911 in Luna County, New           U.S.G.S. map;
Mexico on the northern part of Section         (12) The boundary travels west on the
2, Township 21 South (T21S), Range 12        Luna/Grant County line for three miles
West (R12W) on the Faywood Station           to the east line of Sec. 4, T20S/R10W;
Quadrangle U.S.G.S. map;                       (13) The boundary goes south on the
  (1) From the beginning point the           section line for three miles to the
boundary runs northeast 2.25 miles           south line of Sec. 16, T20S/R10W;
along an unimproved dirt road until it         (14) Then it goes west on the section
intersects U.S. Routh 180 (indicated on      line for approximately .6 mile to a
map as U.S. Rte. 260) at New Mexico          light duty road located 500 feet south
Highway 61 (indicated on map as an un-       of Benchmark 5119 on the south line of
numbered secondary highway) at the           Sec. 16, T20S/R10W;
south portion of Sec. 30, T20S/R11W;           (15) The boundary heads south on the
  (2) The boundary proceeds in a gen-        light duty road for approximately 10.25
erally northerly direction on N.M.           miles until it meets Hwy. 180 at Bench-
Hwy. 61 for 34.5 miles crossing over         mark 4672 near the west line of Sec. 9,
U.S. Rte. 90 (indicated on map as U.S.       T22S/R10W on the Spalding, N. Mex.
Rte. 180) west of San Lorenzo, N.M.          U.S.G.S. map;
until it meets an unimproved dirt road         (16) Then it proceeds southeasterly
near Bear Canyon Dam at the west line        on Hwy. 180 for approximately 5 miles
of Sec. 28, T16S/R11W on the San             to the north line of Sec. 6, T23S/R9W on
Lorenzo, N. Mex. U.S.G.S. map;               the Deming West, N. Mex. U.S.G.S.
                                             map;
  (3) It then heads east on the unim-
                                               (17) It then goes east on the section
proved dirt road for .2 mile until it
                                             line approximately 11.75 miles to the
meets the Mimbres River at Sec. 28,
                                             east line of Sec. 1, T23S/R8W on the
T16S/R11W;
                                             Carne, N. Mex. U.S.G.S. map;
  (4) It then goes south on the Mimbres        (18) It then travels south on the sec-
River for .25 mile until it intersects the   tion line for 1.5 miles until it meets an
6,000 foot elevation contour line at Sec.    unimproved dirt road at Sec. 12, T23S/
28, T16S/R11W;                               R8W;
  (5) From there the boundary runs             (19) It follows the unimproved dirt
south along the 6,000 foot elevation         road in a easterly direction for 3 miles
contour line until it meets the east         to Carne Windmill at the northeast
line of Sec. 11, T17S/R11W;                  part of Sec. 17, T23S/R7W;
  (6) Then it proceeds south on the sec-       (20) From there it follows an unim-
tion line for .6 mile until it hits the      proved dirt road in a southeasterly di-
south line of Sec. 12, T17S/R11W;            rection for .75 mile until it meets the
  (7) Then it travels east on the section    south line of Sec. 16, T23S/R7W;
line for 1.8 miles until it intersects an      (21) Then it proceeds east along the
unimproved dirt road in Noonday Can-         section line for 9 miles until it arrives
yon on the north line of Sec. 18, T17S/      at the east line of Sec. 24, T23S/R6W on
R10W;                                        the Myndus, N. Mex. U.S.G.S. map;
  (8) It then heads south on the unim-         (22) Then it goes south on the section
proved dirt road for 2.2 miles until it      line for 15 miles until it meets the
intersects a medium duty road at the         south line of Sec. 36, T25S/R6W on the
northern part of Sec. 30, T17S/R10W;         Sibley Hole, N. Mex. U.S.G.S. map;
  (9) The boundary goes south on the           (23) Then it heads west on the section
medium duty road for .8 mile until it        line for 8 miles until it intersects the
reaches the north line of Sec. 31, T17S/     4,200 foot elevation contour line at the
R10W;                                        southeast corner of Sec. 34, T25S/R7W

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Bureau of Alcohol, Tobacco and Firearms, Treasury                               § 9.103

on the Gym Peak, N. Mex. U.S.G.S.             light duty road), T28S/R7W on the Co-
map;                                          lumbus NE, N. Mex. U.S.G.S. map;
  (24) Then it heads north on the 4,200         (36) Then it goes east for 4 miles on
foot elevation contour line for 11 miles      the section line until it meets the east
until it meets N.M. Hwy. 549 (indicated       line of Sec. 2 near Oney Tank T28S/
on map as U.S. Rte. 70/80/180) at the         R7W;
southwest corner of Sec. 5, T24S/R7W            (37) Then it goes south on the section
on the Florida Gap, N. Mex. U.S.G.S.          line for 8.7 miles until it meets the New
map;                                          Mexico, U.S.A./Mexico International
  (25) The boundary heads west on             border at the east line of Sec. 17, T29S/
M.M. Hwy. 549 (indicated on map as            R7W on the Columbus SE, N. Mex.
U.S. Rte. 70/80/180) for 4.5 miles until it   U.S.G.S. map;
meets the light duty road at the east           (38) The boundary follows in a west-
line of Sec. 3, T24S/R8W on the Capital       erly direction along the International
Dome, N. Mex. U.S.G.S. map;                   border for 23 miles to the west line of
  (26) It then goes south on the light        Sec. 18, T29S/R10W on the Hermanas, N.
duty road/section line for 4 miles until      Mex. U.S.G.S. map;
it meets another light duty road at the         (39) It then heads north on the west-
south line of Sec. 22, T24S/R8W;              ern section for 3.5 miles to the north
  (27) Then the boundary heads west           line of Sec. 31, T28S/R10W;
for 2 miles on the light duty road/sec-         (40) It then moves east for 13 miles on
tion line until it intersects an unim-        the section line until it intersects the
proved dirt road at the east line of Sec.     east line of Sec. 32, T28S/R8W on the
29, T24S/R8W;                                 Columbus, N. Mex. U.S.G.S. map;
  (28) Then it travels south on the un-         (41) Then it follows the section line
improved dirt road/section line for 2         north for 8 miles until it meets the
miles until it meets another unim-            south line of Sec. 18, T27S/R8W on the
proved dirt road at the south line of         North Peak, N. Mex. U.S.G.S. map;
Sec. 32, T24S/R8W;                              (42) Then it proceeds west on the sec-
  (29) It then moves west .25 mile on         tion line for 11 miles to the west part
the unimproved dirt road until it             of Sec. 16 identified as longitude point
reaches the east line of Sec. 5, T25S/        107 degrees, 52 minutes, 30 seconds,
R8W;                                          T27S/R10W on the West Lime Hills, N.
  (30) Then it goes south on the section      Mex. U.S.G.S. map;
line for 6 miles until it reaches an un-        (43) Then it moves north on the 107
improved dirt road near Crawford              degrees, 52 minutes, 30 seconds lon-
Ranch at the north line of Sec. 5, T25S/      gitude point for 9 miles until it inter-
R8W on the South Peak, N. Mex.                sects the north line of Sec. 4, T26S/
U.S.G.S. map;                                 R10W on the Midway Butte, N. Mex.
  (31) Then it follows the unimproved         U.S.G.S. map;
dirt road in a southwest then southern          (44) Then it goes west on the section
direction for approximately 3 miles           line for 6.5 miles until it meets the
until it hits the north line of Sec. 19,      west line of Sec. 33, T25S/R11W on the
T26S/R8W;                                     Bisbee Hills, N. Mex. U.S.G.S. map;
  (32) It then travels east for 1.1 mile        (45) The boundary then travels north
along the section line until it hits the      on the section line for 26.5 miles (cross-
east line of Sec. 20, T26S/R8W;               ing the Southern Pacific Railroad
  (33) From there it proceeds south for       tracks) until it intersects with the
2 miles on the section line until it          Atchison, Topeka and Santa Fe Rail-
intersects the north line of Sec. 33,         road tracks on the west line of Sec. 21,
T26S/R8W;                                     T21S/R11W on the Spalding, N. Mex.
  (34) It then heads east for 5 miles on      U.S.G.S. map;
the section line until it intersects the        (46) Finally it follows the Atchison,
east line of Sec. 31, T26S/R7W on the         Topeka and Santa Fe Railroad tracks
Gym Peak, N. Mex. U.S.G.S. map;               in a northwesterly direction for 5 miles
  (35) The boundary goes south on the         until it reaches the beginning point at
section line for 7 miles until it meets       benchmark 4911 on an unimproved dirt
the north line of Sec. 5 (which also is a     road in Faywood Station at Sec. 2,

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§ 9.104                                                    27 CFR Ch. I (4–1–99 Edition)

T21S/R12W on the Faywood Station, N.           Bernardino Meridian (on the Santa Ana
Mex. U.S.G.S. map.                             map).
[T.D. ATF–217, 50 FR 48081, Nov. 21, 1985]       (v) Then southward along the San
                                               Bernardino Meridian to the Riverside
§ 9.104 South Coast.                           County-San Diego County line.
   (a)    Name.    The   name     of   the       (vi) Then westward along that county
viticultural area described in this sec-       line for about 71⁄2 miles, to the western
tion is ‘‘South Coast.’’                       boundary of the Cleveland National
   (b) Approved maps. The appropriate          Forest (near the Pechanga Indian Res-
maps for determining the boundaries of         ervation).
South Coast viticultural area are four           (vii) Then generally southeastward
U.S.G.S. maps. They are titled:                along the Cleveland National Forest
   (1) San Diego, 1:250,000 series, 1958       boundary to where it joins California
(revised 1978).                                Highway 76.
   (2) Santa Ana, 1:250,000 series, 1959         (viii) From there generally south-
(revised 1979).                                eastward along Highway 76 to Cali-
   (3) Long Beach, 1:250,000 series, 1957      fornia Highway 79.
(revised 1978).                                  (ix) Then southeastward along High-
   (4) Wildomar Quadrangle, 7.5 minute         way 79 to the township line on the
series, 1953 (photorevised 1973).              northern border of Township 12 South
   (c) Boundary—(1) General. The South         (in Range 3 East).
Coast viticultural area is located in            (x) Then eastward along that town-
California. The starting point of the          ship line to its intersection with the
following boundary description is the          range line on the eastern border of
northern intersection of the Orange            Range 3 East.
County line with the Pacific Ocean (on           (xi) From there southward along that
the Long Beach map).                           range line to the U.S.-Mexico inter-
   (2) Boundary Description. (i) From the      national border.
starting point generally northeast-              (xii) Then westward along that inter-
ward, eastward, and southeastward              national border to the Pacific Ocean.
along the Orange County line, to the             (xiii) Then generally northwestward
intersection of that county line with          along the shore of the Pacific Ocean to
the township line on the northern bor-         the starting point.
der of Township 7 South (in Range 6
                                               [T.D. ATF–218, 50 FR 48084, Nov. 21, 1985]
West; on the Santa Ana map).
   (ii) From there eastward along that         § 9.105   Cumberland Valley.
township line to its intersection with
the northern boundary of the Temecula            (a)    Name.   The    name     of   the
viticultural area described in § 9.50; at      viticultural area described in this sec-
this point, the Temecula viticultural          tion is ‘‘Cumberland Valley.’’
area boundary coincides with the                 (b) Approved maps. The appropriate
boundary of the Cleveland National             maps for determining the boundary of
Forest (on the Wildomar Quadrangle             the Cumberland Valley viticultural
map).                                          area are the following 32 U.S.G.S. topo-
   (iii) From there following the north-       graphical maps of the 7.5 minute series:
ern      boundary    of  the     Temecula        (1) ‘‘Williamsport Quadrangle’’, edi-
viticultural area, at and near its north-      tion of 1969.
ernmost point, generally northeast-              (2) ‘‘Shepherdstown Quadrangle’’, edi-
ward, eastward, and southeastward              tion of 1978.
until the Temecula viticultural area             (3) ‘‘Keedysville Quadrangle’’, edition
boundary again intersects the township         of 1978.
line on the northern border of Town-             (4) ‘‘Middletown Quadrangle’’, edition
ship 7 South (in Range 4 West; thus all        of 1953, photo-revised 1979.
of the Temecula viticultural area is in-         (5) ‘‘Myersville Quadrangle’’, edition
cluded      inside    of  South      Coast     of 1953, photo-revised 1971.
viticultural area).                              (6) ‘‘Smithsburg Quadrangle’’, edition
   (iv) Then eastward, along the town-         of 1953, photo-revised 1971.
ship line on the northern border of              (7) ‘‘Waynesboro Quadrangle’’, edi-
Township 7 South, to the San                   tion of 1944, photo-revised 1968 and 1973.

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Bureau of Alcohol, Tobacco and Firearms, Treasury                               § 9.105

  (8) ‘‘Iron Springs Quadrangle’’, edi-        (34) ‘‘Funkstown Quadrangle’’, edi-
tion of 1953, photo-revised 1968 and 1973.   tion of 1943–53 (photorevised 1971,
  (9) ‘‘Scotland Quadrangle’’, edition of    photoinspected 1977).
1944, photo-revised 1968 and 1973.             (35) ‘‘Plainfield Quadrangle’’, edition
  (10) ‘‘Caledonia Park Quadrangle’’,        of 1975.
edition of 1944, photo-revised 1968 and        (36) ‘‘Shippensburg Quadrangle’’, edi-
1973.                                        tion of 1973.
  (11) ‘‘Walnut Botton Quadrangle’’,           (37) ‘‘Chambersburg Quadrangle’’,
edition of 1952, photo-revised 1969 and      edition of 1973.
1977.                                          (38) ‘‘Williamson Quadrangle’’, edi-
  (12) ‘‘Dickinson Quadrangle’’, edition     tion of 1973.
of 1952, photo-revised 1969 and 1977.          (39) ‘‘Greencastle Quadrangle’’, edi-
  (13) ‘‘Mount Holly Springs Quad-           tion of 1973.
rangle’’, edition of 1952, photo-revised       (40) ‘‘Dillsburg Quadrangle’’, edition
1968 and 1973.                               of 1973.
  (14) ‘‘Mechanicsburg Quadrangle’’,           (c) Boundary. The Cumberland Valley
edition of 1952, photo-revised 1968 and      viticultural area is located in Wash-
1973.                                        ington County in west-central Mary-
  (15) ‘‘LeMoyne Quadrangle’’, edition       land and Franklin and Cumberland
of 1963, photo-revised 1972.                 counties in south-central Pennsyl-
  (16) ‘‘Steelton Quadrangle’’, edition      vania. The boundary is as follows:
of 1963, photo-revised 1972.                   (1) Starting immediately west of the
  (17) ‘‘Harrisburg West Quadrangle’’,       Town of Williamsport in Washington
edition of 1969, photo-revised 1974.         County, Maryland, at Lock 45 of the
  (18) ‘‘Wertzville Quadrangle’’, edition    Chesapeake & Ohio (C&O) Canal Na-
of 1952, photo-revised 1968 and 1973.        tional Historical Park and the con-
  (19) ‘‘Sherman’s Dale Quadrangle’’,        fluence of the Potomac River and
edition of 1952, photo-revised 1968 and      Conococheague Creek (see Williams-
1973.                                        port Quadrangle), the boundary pro-
  (20) ‘‘Landisburg Quadrangle’’, edi-       ceeds in a southeasternly direction
tion of 1952, photo-revised 1969 and 1977.   along the perimeter of the park on the
  (21) ‘‘Andersonburg Quadrangle’’, edi-     northeastern bank of the Potomac
tion of 1952, photo-revised 1969 and 1977.   River to the confluence of Antitam
  (22) ‘‘Newville Quadrangle’’, edition      Creek and the Potomac River;
of 1952, photo-revised 1969 and 1975.          (2) Then southeast of Limekiln Road
  (23) ‘‘Newburg Quadrangle’’, edition       which runs along the perimeter of the
of 1966, photo-revised 1973.                 park from Antietam Creek to the inter-
  (24) ‘‘Doylesburg Quadrangle’’, edi-       section of Limekiln Road and Harpers
tion of 1966, photo-revised 1973.            Ferry Road;
  (25) ‘‘Roxbury Quadrangle’’, edition         (3) Then northeasterly a straight line
of 1966, photo-revised 1973.                 approximately two miles to the 952-
  (26) ‘‘Fannettsburg Quadrangle’’, edi-     foot summit of Hawk’s Hill;
tion of 1966, photo-revised 1973.              (4) Then northerly on a straight line
  (27) ‘‘St. Thomas Quadrangle’’ edition     approximately 2.5 miles to the inter-
of 1944, photo-revised 1968 and 1973.        section    of    Red   Hill   Road     and
  (28) ‘‘McConnellsburg Quadrangle’’,        Porterstown Road;
edition of 1944, photo-revised 1968 and        (5)    Then     southeasterly     along
1973.                                        Porterstown Road to its intersection
  (29) ‘‘Mercersburg Quadrangle’’, edi-      with Mount Briar—Trego Road;
tion of 1943, photo-revised 1968 and 1973.     (6) Then southerly along Mount
  (30) ‘‘Clear Spring Quadrangle’’, edi-     Briar—Trego Road to its intersection
tion of 1955, photo-revised 1971.            with Millbrook Road;
  (31) ‘‘Hedgesville Quadrangle’’, edi-        (7) Then east along Millbrook Road
tion of 1979.                                to its intersection with State Route 67,
  (32) ‘‘Mason Dixon Quadrangle’’, edi-      approximately 0.5 mile north of
tion of 1943–53 (photorevised 1971).         Rohersville, Maryland;
  (33) ‘‘Hagerstown Quadrangle’’, edi-         (8) Then directly east approximately
tion of 1943–53 (photorevised 1971,          1.25 miles in a straight line to the 1,000-
photoinspected 1977).                        foot contour line of South Mountain;

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§ 9.105                                               27 CFR Ch. I (4–1–99 Edition)

  (9) Then in a north northeasterly di-     lin County to the point where the 1,000-
rection along the 1,000-foot contour        foot contour line meets the roadbed of
line of South Mountain in Washington        the Pennsylvania Turnpike, Interstate
County, Maryland, and Franklin and          76;
Cumberland counties in Pennsylvania           (21) Then along the roadbed of the
to the point on South Mountain where        Pennsylvania Turnpike to the east en-
the 1,000-foot contour line crosses         trance of the Blue Mountain Tunnel;
State Hollow Road (Rt. 233);                  (22) Then in a straight line approxi-
  (10) Then north along Rt. 233 to the      mately 6.5 miles to the intersection of
point where it crosses the 750-foot con-    State Rt. 533 and the 1,000-foot contour
tour of South Mountain;                     line of Blue Mountain, approximately
  (11) Then east along the 750-foot con-    one mile west northwest of Upper
tour line of South Mountain to the          Strasburg, Pennsylvania;
point southwest of the Mount Holly
                                              (23) Then southwest along the 1,000-
Springs Reservoir where Cold Spring
                                            foot contour line of Blue Mountain to
Run, a tributary of Yellow Breeches
                                            and along the 1,000-foot contour line of
Creek, crosses the 750-foot contour
line, approximately 3 miles southwest       Broad Mountain;
of the town of Mount Holly Springs,           (24) Then along the 1,000-foot contour
Pennsylvania;                               line as it meanders along and around
  (12) Then east northeast in a straight    Broad Mountain and Front Mountain
line approximately seven miles to Cen-      to the point where the 1,000-foot con-
ter Point Knob, elev. 1050 feet, approxi-   tour line crosses Wilson Run near
mately two miles southeast of Boiling       Franklin Furnace, Pennsylvania;
Springs, Pennsylvania (see Mechanics-         (25) Then southwest in a straight line
burg Quadrangle);                           approximately 3.5 miles to Parnell
  (13) Then continuing east northeast       Knob, elev. 2060 feet;
in a straight line approximately six          (26) Then west northwest in a
miles to the point where U.S. Rt. 15        straight line approximately four miles
crosses Yellow Breeches Creek, ap-          to the point where the 1,000-foot con-
proximately one mile east of Williams       tour line crosses Township Run near
Grove, Pennsylvania;                        Cape Horn on Cove Mountain, approxi-
  (14) Then east and northeast in a me-     mately two miles north northwest of
andering line along the north bank of       Fort Loudon, Pennsylvania;
Yellow Breeches Creek to its con-             (27) Then southwest along the 1,000-
fluence with the Susquehanna River;         foot contour line of Cove Mountain
  (15) Then north along the west bank       into and out of Cove Gap;
of the Susquehanna River, which forms         (28) Then along the 1,000-foot contour
the western portion of the corporate        line of Cove Mountain and Two Top
boundary line of the City of Harris-        Mountain in Franklin County, Penn-
burg, Pennsylvania, to the point where      sylvania, and Sword Mountain and
the 300-foot contour line and the west      Fairview Mountain in Washington
bank of the Susquehanna River meet;
                                            County, Maryland, to the point on
  (16) Then directly west to the 700-foot
                                            Fairview Mountain where the 1,000-foot
contour line of Blue Mountain over-
                                            contour line intersects the National
looking the Susquehanna River;
                                            Road (U.S. Rt. 40);
  (17) Then along the 700-foot contour
line of Blue Mountain as it meanders          (29) Then west along U.S. Rt. 40 ap-
west and around McClures Gap;               proximately 0.5 mile to the intersec-
  (18) Then along the 700-foot contour      tion of U.S. Rt. 40 and Cove Road;
line of Blue Mountain to the point            (30) Then south in a straight line
where the 700-foot contour line crosses     from the intersection of U.S. Rt. 40 and
State Rt. 233;                              Cove Road approximately 1.25 miles to
  (19) Then northeast along Rt. 233         the intersection of McCoys Ferry Road
through Doubling Gap to the 1,000-foot      and State Rt. 56;
contour line of Blue Mountain;                (31) Then south along McCoys Ferry
  (20) Then in a generally southwest-       Road to the perimeter of the C&O
erly direction along the 1,000-foot con-    Canal National Historical Park along
tour line of Blue Mountain into Frank-      the Potomac River;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                § 9.106

  (32) Then southeast along the perim-            (5) Then northwesterly, 1.0 miles,
eter of the C&O National Historical             along the unimproved dirt road to the
Park to the point of beginning.                 end of said road at the shoreline of
                                                Lake Mildred;
[T.D. ATF–210, 50 FR 29971, July 23, 1985, as
amended by T.D. ATF–249, 52 FR 5960, Feb.         (6) Then southwest along the shore-
27, 1987]                                       line of Lake Mildred to the Los
                                                Verjeles Dam at the westernmost end
§ 9.106 North Yuba.                             of said lake;
  (a)    Name.   The    name      of the          (7) Then across the face of said dam
viticultural area described in this sec-        and continuing northeast along the
tion is ‘‘North Yuba.’’                         shoreline of Lake Mildred to the point
  (b) Approved maps. The appropriate            where the stream running through
maps for determining the boundary of            Smokey Ravine flows into Lake Mil-
North Yuba viticultural area are the            dred;
following four U.S.G.S. topographical             (8) Then north and west along said
maps of the 7.5 minute series:                  stream to the point where the stream
  (1) ‘‘Oregon House Quadrangle,’’ edi-         crosses the 1,900-foot contour line in
tion of 1948, photo-revised 1969.               the northeast corner of section 27, T. 18
  (2) ‘‘Rackerby Quadrangle,’’ edition          N., R. 6 E.;
of 1948, photo-revised 1969.                      (9) Then southwest in a meandering
  (3) ‘‘Challenge Quadrangle,’’ edition         line along the 1.900-foot contour line of
of 1948 photo-revised 1969.                     Lamb Hill;
  (4) ‘‘French Corral Quadrangle,’’ edi-          (10) Then northwest along the 1,900-
tion of 1948, photo-revised 1969.               foot contour line of High Spring Ridge
  (c) Boundary. The North Yuba                  to the point where the medium duty
viticultural area is located in Yuba            paved road running north and south
County in the State of California. The          along Willow Glen Creek crosses the
boundary is as follows:                         1,900-foot contour line, approximately
  (1) Beginning on the ‘‘Oregon House           0.75 mile north of Finley Ranch;
Quadrangle’’ map at the point where               (11) Then north along said road, ap-
the Browns Valley Ditch crosses Woods           proximately 1 mile, to its intersection
Creek in the southwest corner of sec-           at Willow Glen Ranch near the west
tion 25, T. 17 N., R. 6 E., the boundary        boundary line of section 15, T. 18 N., R.
proceeds northeasterly in a meandering          6 E., with the light duty road which
line approximately 1.5 miles along the          crosses Critterden Ridge;
east bank of Woods Creek to the point             (12) Then in a generally easterly di-
near Richards Ranch where the paved             rection along said road, approximately
light duty road crosses said creek;             2.0 miles, to its point of intersection
  (2) Then west and north, approxi-             with the light duty paved road named
mately 0.33 mile to the point where the         Frenchtown Road which runs north and
paved light duty road meets the unim-           south     between      Brownsville   and
proved dirt road accessing Dixon Hill           Frenchtown;
and Texas Hill;                                   (13)    Then      south      along the
  (3) Then northwest continuing along           Frenchtown Road to the point where
the paved light duty road approxi-              the road crosses the 1,600-foot contour
mately 2.75 miles to the intersection at        line in the northwest corner of section
Oregon House of said light duty road            24, T. 18 N., R. 6 E.;
with the medium duty road which trav-             (14) Then east along the 1,600-foot
els east and west between Virginia              contour line to the point where Dry
Ranch Reservoir of Dry Creek and the            Creek crosses the 1,600-foot contour
Yuba County Forestry Headquarters               line near the south boundary line of
near Dobbins;                                   section 13, T. 18 N., R. 6 E.;
  (4) Then northeasterly, 0.7 mile,               (15) Then south along Dry Creek, ap-
along same light duty road to its inter-        proximately 0.16 mile, to the con-
section with the unimproved dirt road           fluence of Indiana Creek with Dry
to Lake Mildred, located in the north-          Creek;
west corner of section 2, T. 17 N., R. 6          (16) Then in a generally easterly di-
E.;                                             rection, approximately 1 mile, along

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§ 9.107                                                   27 CFR Ch. I (4–1–99 Edition)

Indiana Creek to the confluence of               (3)      ‘‘Waterloo,      Calif.’’   (1968,
Keystone Creek with Indiana Creek;             photoinspected 1978);
  (17) Then north along indiana Creek,           (4) ‘‘Lodi South, Calif.’’ (1968,
approximately 0.87 mile, to the point          photorevised 1976);
where Indiana Creek meets the 2,000-             (5) ‘‘Terminous, Calif.’’ (1978);
foot contour line of Oregon Hills;               (6) ‘‘Thornton, Calif.’’ (1978);
  (18) Then in a generally southeast-            (7)     ‘‘Bruceville,     Calif.’’   (1968,
erly direction along the 2,000-foot con-       photorevised 1980);
tour line of Oregon Hills, approxi-              (8) ‘‘Florin, Calif.’’ (1968, photorevised
mately 6 miles, to the point near the          1980);
east boundary line of section 9, T. 17           (9)    ‘‘Elk     Grove,    Calif.’’  (1968,
N., R. 7 E., where the power trans-            photorevised 1979);
mission line on Red Bluff crosses the            (10)     ‘‘Sloughouse,     Calif.’’  (1968,
2,000-foot contour line;                       photorevised 1980);
  (19) Then southwest along the right            (11) ‘‘Buffalo Creek, Calif.’’ (1967,
of way of said power transmission line         photorevised 1980);
to the point near the south boundary of          (12) ‘‘Folsom SE, Calif.’’ (1954,
section 9, T. 17 N., R. 7 E., where it         photorevised 1980);
meets the power transmission line run-           (13)     ‘‘Carbondale,     Calif.’’  (1968,
ning northwest and southeast between           photorevised 1980);
Dobbins and the Colgate Power House;             (14) ‘‘Goose Creek, Calif.’’ (1968,
  (20) Then southeast along the power          photorevised 1980);
transmission line between Dobbins and            (15) ‘‘Clements, Calif.’’ (1968);
Colgate Power House to the Colgate               (16) ‘‘Wallace, Calif.’’ (1962);
Power House;                                     (17) ‘‘Lodi North, Calif.’’ (1968);
  (21) Then in a generally westerly di-          (18)        ‘‘Galt,      Calif.’’    (1968,
rection from the Colgate Power House           photoinspected 1978);
along the power transmission line                (19) ‘‘Clay, Calif.’’ (1968); and
which crosses over Dobbins Creek to              (20)      ‘‘Lockeford,     Calif.’’  (1968,
the point west of Dobbins Creek where          photoinspected 1973);
the power transmission line intersects           (c) Boundaries. The Lodi viticultural
the 1,000-foot contour line;                   area is located in California in the
  (22) Then in a generally southwest-          counties of Sacramento and San Joa-
erly direction along the 1,000-foot con-       quin. The beginning point is located in
tour line above the north bank of the          the southeast corner of the viticultural
Yuba River and Harry L. Englebright            area where the Calaveras River inter-
lake of the Yuba River to the intersec-        sects the eastern boundary of San Joa-
tion of the 1,000-foot contour line with       quin County (‘‘Valley Springs, SW’’
Woods Creek in the northeast corner of         U.S.G.S. map).
section 36, T. 17 N., R. 6 E.;                   (1) The boundary proceeds west along
  (23) Then east and north along the           the Calaveras River to the point of
east bank of Woods Creek, approxi-             intersection with Eightmile Road (Be-
mately 0.5 miles, to the point of begin-       ginning in the ‘‘Valley Springs, SW’’
ning.                                          map, passing through the ‘‘Linden’’
                                               map and ending in the ‘‘Waterloo’’
[T.D. ATF–211, 50 FR 30820, July 30, 1985]     map);
                                                 (2) Thence west along Eightmile
§ 9.107 Lodi.
                                               Road to the point of intersection with
  (a)    Name.    The      name  of   the      Interstate Highway 5 (beginning in the
viticultural area described in this sec-       ‘‘Waterloo map and ending in the ‘‘Lodi
tion is ‘‘Lodi.’’                              South’’ map);
  (b) Approved maps. The appropriate             (3) Thence north and then northwest
maps for determining the boundaries of         along Interstate Highway 5 to its inter-
the Lodi viticultural area are 20              section with an unnamed road (known
U.S.G.S. 7.5 minute series maps, and           locally as Hood-Franklin Road) (begin-
are titled as follows:                         ning on the ‘‘Lodi South’’ map passing
  (1) ‘‘Valley Springs SW, Calif.’’ (1962,     through the ‘‘Terminous,’’ and ‘‘Thorn-
photoinspected 1973);                          ton,’’ maps and ending in the
  (2) ‘‘Linden, Calif.’’ (1968);               ‘‘Bruceville’’ map);

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                § 9.108

  (4) Thence east along Hood-Franklin         11 U.S.G.S. maps in the scale of
Road to its intersection with Franklin        1:250,000. They are titled—
Boulevard       (beginning     in    the        (1) St. Louis, Missouri (1963, revised
‘‘Bruceville’’ map and ending to the          1969);
‘‘Florin’’ map);                                (2) Jefferson City, Missouri (1955, re-
  (5) Thence northeast along Franklin         vised 1970);
Boulevard to its meeting point with             (3) Springfield, Missouri (1954, revised
the section line running due east and         1969);
connecting to the western end of Shel-          (4) Joplin, Missouri; Kansas (1954, re-
don Road (‘‘Florin’’ map);                    vised 1974);
  (6) Thence due east along the section         (5) Tulsa, Oklahoma; Arkansas; Mis-
line connecting to the western end of         souri; Kansas (1958, revised 1973);
Sheldon Road (‘‘Florin’’ map);                  (6) Fort Smith, Arkansas-Oklahoma
  (7) Thence east along Sheldon Road          (1978);
to its intersection with the Central            (7) Russellville, Arkansas (compiled
California Traction Co. Railroad (be-         in 1954);
ginning in the ‘‘Florin’’ map and end-          (8) Memphis, Tennessee; Arkansas;
ing in the ‘‘Elk Grove’’ map);                Missouri (1953, revised 1978);
  (8) Thence southeast along the Cen-           (9) Poplar Bluff, Missouri; Arkansas
tral California Traction Co. Railroad to      (1957, revised 1978);
its point of intersection with Grant            (10) Paducah, Kentucky; Illinois; Mis-
Line Road (‘‘Elk Grove’’ map);                souri; Indiana (1949, revised 1969); and
  (9) Thence northeast along Grant              (11) Rolla, Missouri; Illinois (1954, re-
Line Road to the point of intersection        vised 1969).
with California State Highway 16 (be-           (c) Boundary—(1) General. The Ozark
ginning in the ‘‘Elk Grove’’ map, pass-       Mountain viticultural area is located
ing through the ‘‘Sloughhouse’’ map           in Missouri, Oklahoma, and Arkansas.
and ending in the ‘‘Buffalo Creek’’           The starting point of the following
map);                                         boundary description is the point at
  (10) Thence southeast along Cali-           which the Missouri River joins the Mis-
fornia State Highway 16 to the point of       sissippi River north of St. Louis, Mis-
intersection with Deer Creek (begin-          souri (on the St. Louis map).
ning in the ‘‘Buffalo Creek’’ map and           (2) Boundary Description. (i) The
ending in the ‘‘Folsom, SE‘‘ map);            boundary proceeds from the starting
  (11) Thence northeast along Deer            point westward along the Missouri
Creek to the point of intersection with       River until it meets the Osage River;
the eastern boundary of Sacramento              (ii) Then further westward along the
County (‘‘Folsom, SE’’ map);                  Osage River (flowing through Lake of
  (12) Thence southeast along the east-       the Ozarks and the Harry S. Truman
ern boundary of Sacramento County             Reservoir) until it passes adjacent to
and then along the eastern boundary of        Missouri Highway 82 in Osceola, Mis-
San Joaquin County to the point of            souri (on the Jefferson City map);
intersection with the Calaveras River,          (iii) Then southwestward along Mis-
the point of beginning (beginning in          souri Highway 82 until it intersects
the ‘‘Folsom, SE’’ map, passing               U.S. Highway 54 in Eldorado Springs,
through the ‘‘Carbondale,’’ ‘‘Goose           Missouri (on the Joplin map);
Creek,’’ ‘‘Clements,’’ and ‘‘Wallace’’          (iv) Then westward along U.S. High-
maps and ending in the ‘‘Valley               way 54 until it intersects U.S. Highway
Springs, SW map).                             71 near Nevada, Missouri;
                                                (v) Then southward along U.S. High-
[T.D. ATF–223, 51 FR 5324, Feb. 13, 1986]     way 71 until it intersects Interstate
                                              Highway 44, approximately 5 miles
§ 9.108 Ozark Mountain.                       south of Carthage, Missouri;
  (a)    Name.   The   name    of    the        (vi) Then westward and southwest-
viticultural area described in this sec-      ward along Interstate Highway 44 into
tion is ‘‘Ozark Mountain.’’                   the State of Oklahoma, and continuing
  (b) Approved maps. The appropriate          southwestward until Interstate High-
maps for determining the boundaries of        way 44 crosses the Neosho River near
Ozark Mountain viticultural area are          Miami, Oklahoma (on the Tulsa map);

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§ 9.109                                                27 CFR Ch. I (4–1–99 Edition)

  (vii) Then southward along the Neo-        (xx) Then northward, northeastward,
sho River (flowing through the Lake of     and eastward along the boundary of
the Cherokees, Lake Hudson, and Fort       Stoddard County until it joins the
Gibson Lake) until it flows into the Ar-   southern boundary of Cape Girardeau
kansas River, approximately 2 miles        County (on the Cape Girardeau map);
west of Fort Gibson, Oklahoma (on the        (xxi) Then northeastward along the
Fort Smith map);                           Cape Girardeau County boundary until
  (viii) Then southward and eastward       it meets the Mississippi River south of
along the Arkansas River (flowing          Cape Girardeau, Missouri;
through the Robert S. Kerr Lake) into        (xxii) Then northward along the Mis-
the State of Arkansas, and continuing      sissippi River to the starting point.
eastward until the Arkansas River is       [T.D. ATF–231, 51 FR 24144, July 2, 1986; 51 FR
joined by Vache Grasse Creek, approxi-     25366, July 14, 1986]
mately 4 miles east of Barling, Arkan-
sas;                                       § 9.109 Northern Neck George Wash-
  (ix) Then southeastward and south-            ington Birthplace.
westward following Vache Grasse               (a)   Name.   The    name     of   the
Creek to the place where it is crossed     viticultural area described in this sec-
by Arkansas Highway 10, near Green-        tion is ‘‘Northern Neck George Wash-
wood, Arkansas;                            ington Birthplace.’’
  (x) Then westward along Highway 10          (b) Approved maps. The appropriate
to U.S. Highway 71. Note: Highway 10 is    maps for determining the boundaries of
the primary highway leading from           the Northern Neck George Washington
Greenwood to Hackett, Arkansas;            Birthplace viticultural area are 2
  (xi) Then southward and eastward         U.S.G.S. 1:250,000 scale maps. They are
along Highway 71 until it crosses Rock     entitled:
Creek;                                        (1) Washington, DC; Maryland; Vir-
  (xii) Then northeastward along Rock      ginia, 1957 (Revised 1979); and
Creek to Petit Jean Creek;                    (2) Richmond, VA; MD., 1973.
  (xiii) Then generally northeastward         (c) Boundaries. The Northern Neck
and eastward along Petit Jean Creek        George       Washington        Birthplace
until it becomes the Petit Jean River      viticultural area consists of all of the
(on the Russellville map);                 lands in the Counties of Westmoreland,
  (xiv) Then generally eastward along      King George, Northumberland, Lan-
the Petit Jean River, flowing through      caster and Richmond, in the Common-
Blue Mountain Lake, until the Petit        wealth of Virginia. The boundaries of
Jean River joins the Arkansas River;       the Northern Neck George Washington
  (xv) Then generally eastward along       Birthplace viticultural area, using
the Arkansas River to Cadron Creek;        landmarks and points of reference
  (xvi) Then northeastward and east-       found on the appropriate U.S.G.S.
ward along Cadron Creek, for about 21⁄2    maps, are as follows:
miles, until it pases under U.S. High-        (1) Beginning on the Washington, DC;
way 64, approximately 31⁄2 miles west of   Maryland; Virginia U.S.G.S. map at a
Conway, Arkansas;                          point on Potomac Creek where the
  (xvii) Then eastward along U.S. High-    King George County western boundary
way 64 until it intersects U.S. Highway    line at its northermost point intersects
67, near Beebe, Arkansas (on the Mem-      Potomac Creek the boundary proceeds
phis map);                                 easterly and southeasterly on the Rich-
  (xviii) Then northeastward along         mond, VA; MD. U.S.G.S. map, along
U.S. Highway 67 into the state of Mis-     the Virginia shoreline of the Potomac
souri, then northward until U.S. High-     River for approximately 66 miles to
way 67 intersects U.S. Highway 60, in      Smith Point on the Chesapeake Bay;
Poplar Bluff, Missouri (on the Poplar         (2) Thence southerly along the shore-
Bluff map);                                line of the Chesapeake Bay for approxi-
  (xix) Then eastward along U.S. High-     mately 20 miles to Windmill Point at
way 60 until it crosses the western        the mouth of the Rappahannock River;
boundary of Stoddard County. Note:            (3) Thence northwesterly along the
Here that boundary is the St. Francis      banks of the Rappahannock River for
River;                                     approximately 72 air miles to Muddy

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Bureau of Alcohol, Tobacco and Firearms, Treasury                               § 9.110

Creek at the point where the western             (vii) Then continuing westward along
boundary line of King George County            that southern border to the 1200-foot
at its southernmost point begins;              contour line.
  (4) Thence northward along the King            (viii) Then generally northwestward
George County/Stafford County line ap-         along that contour line until it crosses
proximately 7 miles to the point of the        for the second time the southern bor-
beginning.                                     der of Section 28, Township 14 South,
                                               Range 6 East.
[T.D. ATF–250, 52 FR 13082, Apr. 21, 1987]
                                                 (ix) Then westward along that south-
§ 9.110 San Benito.                            ern border to the 1400-foot contour line.
                                                 (x) Then following the 1400-foot con-
   (a)    Name.   The   name      of  the      tour line through the folloowing sec-
viticultural area described in this sec-       tions: Sections 28, 29, and 30, Township
tion is ‘‘San Benito.’’                        14 South, Range 6 East; Section 25,
   (b) Approved maps. The appropriate          Township 14 South, Range 5 East; Sec-
maps for determining the boundaries of         tions 30, 19, 20, and returning to 19,
San Benito viticultural area are six           Township 14 South, Range 6 East; to
U.S.G.S. maps. They are titled:                the point where the 1400-foot contour
   (1) Hollister Quadrangle, 7.5 minute        line intersects the section line between
series, 1955 (photorevised 1971).              Sections 19 and 18, Township 14 South,
   (2) Tres Pinos Quadrangle, 7.5 minute       Range 6 East.
series, 1955 (photorevised 1971).                (xi) From there in a straight line due
   (3) Quien Sabe Valley Quadrangle, 7.5       northward to the 1200-foot contour line
minute series, 1968.                           in Section 18, Township 14 South,
   (4) Mt. Harlan Quadrangle, 7.5 minute       Range 6 East.
series, 1968.                                    (xii) Then following the 1200-foot con-
   (5) Paicines Quadrangle, 7.5 minute         tour line generally northwestward to
series, 1968.                                  the northern border of Section 10,
   (6) Cherry Peak Quadrangle, 7.5             Township 14 South, Range 5 East (on
minute series, 1968.                           the Mt. Harlan map).
   (c) Boundary—(1) General. The San             (xiii) Then following that northern
Benito viticultural area is located in         border northwestward to the 1600-foot
San Benito County, California. The             contour line.
starting point of the following bound-           (xiv) Then following the 1600-foot
ary description is the point where the         contour line generally northward to an
eastern border of Section 17 of Town-          unimproved road.
ship 15 South, Range 7 East, crosses the         (xv) Then looping southward along
latitude 36°37′30″ (on the Cherry Peak         the unimproved road and continuing
map).                                          eastward past the designated ‘‘Spring’’
   (2) Boundary Description. (i) From the      and then northward parallel with Bo-
starting point, westward along latitude        nanza Gulch to the Vineyard School on
36°37′30″ to the Range Line R.6E./R.7E.        Cienega Road (on the Hollister map).
(on the Paicines map).                           (xvi) From there in a straight line
   (ii) Then northward along that range        northeastward, crossing Bird Creek and
line to the southern border of Section         the San Benito River, to the north-
1, Township 15 South, Range 6 East.            western corner of Section 19, Township
   (iii) Then westward along that south-       13 South, Range 6 East (on the Tres
ern border to the western border of the        Pinos map).
same section.                                    (xvii) From there following the
   (iv) Then northward along that west-        northern border of Sections 19 and 20,
ern border to the 800-foot contour line.       Township 13 South, Range 6 East, to
   (v) Then northwestward along that           the northeastern corner of Section 20.
contour line to the Township Line                (xviii) From there in a straight line
T.14S./T.15S.                                  due eastward to the Range line R.6E./
   (vi) Then westward along that town-         R7E.
ship line to the southern border of Sec-         (xix) Then southward along that
tion 34, Township 15 South, Range 6            Range line to the Township line T.13S./
East.                                          T.14S.

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§ 9.111                                                 27 CFR Ch. I (4–1–99 Edition)

  (xx) Then eastward along that Town-           (c) Boundary description. The bound-
ship line to the eastern border of Sec-       ary description of the Kanawha River
tion 6, Township 14 South, Range 7            Valley viticultural area includes (in
East (on the Quien Sabe Valley map).          parentheses) the name of the map on
  (xxi) Then southward along the east-        which each described point is found.
ern border of Sections 6, 7, and 18,          The boundary description is as follows:
Township 14 South, Range 7 East, to             (1) The beginning point is the West
the northern border of Section 20,            Virginia-Ohio State Line at the con-
Township 14 South, Range 7 East (on           fluence of Champaign Creek and the
the Cherry Peak map).                         Ohio River. (Addison quadrangle)
  (xxii) Then eastward along that               (2) The boundary follows the West
northern border to the eastern border         Virginia-Ohio State Line, in the Ohio
of Section 20.                                River (across the Gallipolis and Apple
  (xxiii) Then southward along the            Grove quadrangles) southwesterly to
eastern border of Sections 20, 29, and        the point at which the Mason County-
32, Township 14 South, Range 7 East,          Cabell County Line intersects the
and continuing southward along the            State Line. (Glenwood quadrangle)
eastern border of Sections 5, 8, and 17,        (3) The boundary proceeds in a
Township 15 South, Range 7 East, to           straight line southerly to the bench-
the starting point.                           mark at 583 ft. elevation in the town of
[T.D. ATF–258, 52 FR 37137, Oct. 5, 1987]     Yates Crossing in Cabell County, WV.
                                              (Milton quadrangle)
§ 9.111 Kanawha River Valley.                   (4) The boundary proceeds in a
  (a)    Name.    The    name     of    the   straight line southeasterly to the
viticultural area described in this sec-      benchmark at 640 ft. elevation in the
tion is ‘‘Kanawha River Valley’’.             town of Balls Gap, in Lincoln County,
  (b) Approved maps. The approved             WV. (West Hamlin quadrangle)
maps for determining the boundary of            (5) The boundary proceeds in a
the Kanawha River Valley viticultural         straight line easterly (across the Ham-
area are 20 U.S.G.S. topographic maps         lin, Garrett Bend, and Scott Depot
in the 7.5-Minute series as follows:          quadrangles) to the benchmark at 590
  (1) Addison, Ohio—W. Va., dated 1960;       ft. elevation in the town of Institute in
  (2) Gallipolis, Ohio—W. Va., dated          Kanawha County, WV. (Saint Albans
1958;                                         quadrangle)
  (3) Apple Grove, Ohio—W. Va., dated           (6) The boundary proceeds in a
1968, photorevised 1975;                      straight line northeasterly to the
  (4) Glenwood, W. Va.—Ohio, dated            benchmark at 654 ft. elevation in the
1968;                                         town of Pocatalico, in Kanawha Coun-
  (5) Milton, W. Va., dated 1972;             ty, WV. (Pocatalico quadrangle)
  (6) West Hamlin, W. Va., dated 1957;          (7) The boundary proceeds in a
  (7) Hamlin, W. Va., dated 1958;             straight line northeasterly (across the
  (8) Garrets Bend, W. Va., dated 1958;       Sissonville quadrangle) to the con-
  (9) Scott Depot, W. Va., dated 1958;        fluence of Johns Branch and Sugar
  (10) Saint Albans, W. Va., dated 1958;      Creek in the town of Romance, in
  (11) Pocatalico, W. Va., dated 1958;        Jackson County, WV. (Romance quad-
  (12) Sissonville, W. Va., dated 1958;       rangle)
  (13) Romance, W. Va.,—Ky., dated              (8) The boundary proceeds in a
1957;                                         straight line northwesterly (across the
  (14) Kentuck, W. Va., dated 1957;           Kentuck quadrangle) to the confluence
  (15) Kenna, W. Va., dated 1957;             of Plum Orchard Run and Stonelick
  (16) Ripley, W. Va., dated 1960;            Creek in the town of Plum Orchard, in
  (17) Cottageville, W. Va., dated 1960;      Jackson County, WV. (Kenna quad-
  (18) Mount Alto, W. Va.—Ohio, dated         rangle)
1958, photorevised 1972;                        (9) The boundary proceeds in a
  (19) Beech Hill, W. Va.—Ohio, dated         straight line northwesterly (across the
1957, photorevised 1975;                      Ripley quadrangle) to the Baltimore
  (20) Cheshire, W. Va.—Ohio, dated           and Ohio Railroad crossing of State
1968;                                         Highway 87 in the town of Evans, in

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                    § 9.113

Jackson County, WV. (Cottageville               (viii) Then generally eastward along
quadrangle)                                   the Arkansas River to Cadron Creek.
  (10) The boundary proceeds in a               (ix) Then generally northward and
straight line northwesterly (across the       northeastward along Cadron Creek to
Mount Alto quadrangle) to the bench-          the place where it is crossed by U.S.
mark at 674 ft. elevation in the town of      Highway 65.
Flatrock, in Mason County, WV.                  (x) From there northward along
(Beech Hill quadrangle)                       Highway 65 to its intersection with Ar-
  (11) The boundary proceeds north-           kansas Highway 16 near Clinton, Ar-
westerly in a straight line (across the       kansas.
Cheshire quadrangle) to the beginning           (xi) From there following Highway 16
point.                                        generally westward to its intersection
[T.D. ATF–226, 51 FR 11913, Apr. 8, 1986]     with     Arkansas    Highway    23   in
                                              Brashears, Arkansas.
§ 9.112 Arkansas Mountain.                      (xii) From there southward along
   (a)   Name.     The   name   of   the      Highway 23 to the Madison County-
viticultural area described in this sec-      Franklin County line.
tion is ‘‘Arkansas Mountain.’’                  (xiii) Then westward and southward
   (b) Approved maps. The appropriate         along that county line to the Madison
maps for determining the boundary of          County-Crawford County line.
the Arkansas Mountain viticultural              (xiv) Then westward along that coun-
area are two U.S.G.S. maps, titled:           ty line to the Washington County-
   (1) Russellville, Arkansas, 1:250,000      Crawford County line.
series compiled in 1954.                        (xv) Then westward along that coun-
   (2) Fort Smith, Arkansas-Oklahoma,         ty line to Jones Fork (on the Fort
1:250,000 series, 1978.                       Smith map).
   (c) Boundary—(1) General. The Arkan-
                                                (xvi) Then southward along Jones
sas Mountain viticultural area is lo-
                                              Fork until it joins Frog Bayou near
cated in northwestern Arkansas. Start-
                                              Winfrey, Arkansas.
ing at the point where Frog Bayou con-
verges with the Arkansas River, near            (xvii) Then generally southward
Yoestown, Arkansas (or the Fort Smith         along Frog Bayou, flowing through
map), the boundary proceeds:                  Lake Shepherd Springs and Lake Fort
   (2) Boundary Description. (i) South-       Smith, to the starting point.
westward along the Arkansas River to          [T.D. ATF–235, 51 FR 34205, Sept. 26, 1986]
Vache Grasse Creek.
   (ii) Then southeastward and south-         § 9.113   North Fork of Long Island.
westward following Vache Grasse                 (a)    Name.    The     name     of    the
Creek to the place where it is crossed        viticultural area described in this sec-
by Arkansas Highway 10, near Green-           tion is ‘‘North Fork of Long Island.’’
wood, Arkansas.
                                                (b) Approved maps. The appropriate
   (iii) From there westward along
                                              maps for determining the boundaries of
Highway 10 to U.S. Highway 71. (Note:
                                              the ‘‘North Fork of Long Island’’
Highway 10 is the primary highway
                                              viticultural area are 5 U.S.G.S. maps.
leading to Greenwood to Hackett, Ar-
                                              They are entitled:
kansas.)
   (iv) Then southward and eastward             (1) Wading River, N.Y., 7.5 minute se-
along Highway 71 until it crosses Rock        ries, scaled at 1:24,000 edition of 1967.
Creek.                                          (2) Riverhead, N.Y., 7.5 minute series,
   (v) Then northeastward along Rock          scaled at 1:24,000, edition of 1956.
Creek to Petit Jean Creek.                      (3) New York, N.Y.; N.J.; Conn., U.S.,
   (vi) Then generally northeastward          1:250,000 series, scaled at 1:250,000, edi-
and eastward along Petit Jean Creek           tion of 1960, revised 1979.
until it becomes the Petit Jean River           (4) Providence, R.I.; Mass.; Conn.,
(on the Russellville map).                    N.Y., U.S., 1:250,000 series, scaled at
   (vii) Then generally eastward along        1:250,000, edition of 1947, revised 1969.
the Petit Jean River, flowing through           (5) Hartford, Conn.; N.Y.; N.J.; Mass.,
Blue Mountain Lake, until the Petit           U.S., 1:250,000 series, scaled at 1,250,000,
Jean River joins the Arkansas River.          edition of 1962, revised 1975.

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§ 9.114                                                    27 CFR Ch. I (4–1–99 Edition)

  (c) Boundaries. The boundaries of the          (b) Approved maps. The appropriate
proposed viticultural area are as fol-         maps for determining the boundaries of
lows: The North Fork of Long Island            the      ‘‘Old    Mission     Peninsula’’
viticultural area is located entirely          viticultural area are 2 U.S.G.S. Quad-
within eastern Suffolk County, Long            rangle (15 Minute Series) maps, scaled
Island, New York. The viticultural area        at 1:62,500. They are entitled:
boundaries consist of all of the land            (1) Elk Rapids, Mich. (1957); and
areas of the North Fork of Long Island,          (2) Traverse City, Mich. (1957).
New York, including all of the main-
                                                 (c) Boundary. The boundary in Grand
land, shorelines and islands in the
                                               Traverse County, Michigan, consists of
Townships of Riverhead, Shelter Is-
land, and Southold.                            all of Peninsula Township, excluding
  (1) The point of beginning is on the         Marion and Bassett Islands. In addi-
Wading River, N.Y., 7.5 minute series,         tion, the viticultural area takes in a
U.S.G.S. map at the northern boundary          small portion of Traverse City Town-
of the Brookhaven/Riverhead Township           ship.
line on the Long Island Sound (approxi-          (1) The beginning point is on the Tra-
mately 500 feet east of the mouth of           verse City, Mich., U.S.G.S. map at the
the Wading River);                             shoreline of the West Arm of Grand
  (2) The boundary goes south on the           Traverse Bay at Section 1, Township 27
Brookhaven/Riverhead Town line for             North, Range 11 West (T27N, R11W), ap-
approximately 6.5 miles until it meets         proximately 500 feet due west of the
the Peconic River approximately 1              intersection of two unmarked light-
mile    east    of   U.S.   Reservation        duty roads (approx. 750 feet north of
Brookhaven National Laboratory;                Bryant Park);
  (3) Then the boundary travels east on          (2) The boundary proceeds north 19
the    Peconic     River   (Brookhaven/        miles along the western shoreline of
Riverhead Town line) for 2.7 miles until       the Old Mission Peninsula until it
it meets the Riverhead/Southampton             reaches the lighthouse near Old Mis-
Township line on the Riverhead, N.Y.,          sion Point at the north side of the Pe-
U.S.G.S. map;                                  ninsula on the Elk Rapids, Mich.,
  (4) It then goes east on the                 U.S.G.S. map, Sec. 23, T30N, R10W;
Riverhead/Southampton Township line              (3) It then proceeds south for approxi-
for 4.2 miles until it reaches an area
                                               mately 19 miles along the eastern
where the Peconic River widens north
                                               shoreline of the peninsula to the south-
of Flanders;
                                               east portion of an unmarked light-duty
  (5) Then the boundary proceeds east
                                               road (known locally as Eastern Ave-
to Orient Point then west along the
shoreline, beaches, islands, and main-         nue) at Sec. 6, T27N, R10W on the Tra-
land areas of the North Fork of Long           verse City, Mich., U.S.G.S. map. The
Island, described on the ‘‘New York’’,         unmarked light-duty road is located
‘‘Providence’’ and ‘‘Hartford’’ U.S.G.S.       immediately north of Northwestern
maps until it reaches the Brookhaven/          Michigan College on the shoreline of
Riverhead Township line at the point           the East Arm of the Grand Traverse
of beginning. These boundaries consist         Bay;
of all the land (and isolated islands in-        (4) The boundary travels west along
cluding without limitation, Wicopesset         the unmarked light-duty road (known
Island, Robins Island, Fishers Island,         locally as Eastern Avenue) for approxi-
Great Gull Island, Plum Island, and            mately one mile until it meets an un-
Shelter Island) in the Townships of            marked north/south light-duty road at
Riverhead,     Shelter    Island,    and       Sec. 1, T27N, R11W; and
Southold.                                        (5) Finally, the boundary proceeds
[T.D. ATF–240, 51 FR 36398, Oct. 10, 1986]     due east 500 feet to the beginning point
                                               on the shoreline of the West Arm of the
§ 9.114 Old Mission Peninsula.                 Grand Traverse Bay at Sec. 1, T27N,
  (a)    Name.   The    name    of   the       R11W.
viticultural area described in this sec-       [T.D. ATF–252, 52 FR 21515, June 8, 1987]
tion is ‘‘Old Mission Peninsula.’’

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                    § 9.115

§ 9.115 Ozark Highlands.                        (xii) Then southward along Dry
   (a)    Name.   The    name      of   the   Creek to Cherry Valley Creek;
viticultural area described in this sec-        (xiii)   Then     south-southwestward
tion is ‘‘Ozark Highlands.’’                  along Cherry Valley Creek to Missouri
   (b) Approved maps. The appropriate         Route 19;
maps for determining the boundaries of          (xiv) Then southward and southwest-
the Ozark Highlands viticultural area         ward along Route 19 to Crooked Creek;
are three U.S.G.S. maps of the 1:250,000        (xv) Then northwestward along
series. They are titled:                      Crooked Creek to the Meramec River;
   (1) Rolla, Missouri; Illinois, 1954 (re-     (xvi) Then southward along the Mera-
vised 1969).                                  mec River to Hutchins Creek;
   (2) St. Louis, Missouri; Illinois, 1963      (xvii)   The    southeastward    along
(revised 1969).                               Hutchins Creek to its source near Mis-
   (3) Springfield, Missouri, 1954 (revised   souri Route 32, across from the Howes
1969).                                        Mill Post Office;
   (c) Boundary—(1) General. The Ozark          (xviii) Then in a straight line toward
Highlands viticultural area is located        the Howes Mill Post Office to Route 32;
in south central Missouri. The area             (xix) Then eastward along Route 32
comprises portions of the following           to the range line dividing R. 3 W. and
counties: Phelps, Maries, Osage, Gas-         R. 2 W.;
conade, Franklin, Crawford, Texas,              (xx) Then southward along that
Shannon, Dent, Reynolds, and Pulaski.         range line to the township line dividing
The beginning point of the following          T. 33 N. and T. 32 N.;
boundary description is the junction of
                                                (xxi) Then westward along that town-
Little Piney Creek and the Gasconade
                                              ship line (which coincides, in R. 3 W.,
River, near Jerome, Missouri (in the
                                              with the Reynolds County/Dent County
northwest corner of the Rolla map).
                                              line) to the boundary of Clark National
   (2) Boundary Description. (i) From the
                                              Forest;
beginning point, the boundary goes
northward along the Gasconade River             (xxii) Then generally southward
to the latitude line 38° 00′ (the dividing    along that national forest boundary to
line between the Rolla and St. Louis          the Dent County/Shannon County line;
maps);                                          (xxiii) Then westward along that
   (ii) Then eastward along that lati-        county line to the Current River;
tude line to U.S. Highway 63;                   (xxiv) Then southeastward along the
   (iii) Then northward along U.S. 63 to      Current River to Missouri Route 19;
Spring Creek;                                   (xxv) Then southward along Route 19
   (iv) Then north-northwestward along        to Jack’s Fork;
Spring Creek to the Gasconade River;            (xxvi) Then westward, southwestward
   (v) Then northward along the Gas-          and northwestward along Jack’s Fork,
conade River to a power transmission          taking the North Prong, to its north-
line (less than 1 mile north of Buck Elk      westernmost source;
Creek);                                         (xxvii) Then in a straight line
   (vi) Then eastward and east-north-         northwestward to the southeastern-
eastward along that power trans-              most source of Hog Creek;
mission line to Missouri Route 19;              (xxviii) Then northwestward along
   (vii) Then southward along Route 19        Hog Creek to the Big Piney River (on
to the Bourbeuse River;                       the Springfield map);
   (viii) Then east-northeastward along         (xxix) Then northward along the Big
the Bourbeuse River to the range line         Piney River to the township line divid-
dividing R. 2 W. and R. 1 W.;                 ing T. 35 N. and T. 36 N.;
   (ix) Then southward along that range         (xxx) Then eastward along that town-
line to the Meramec River;                    ship line to Little Piney Creek (on the
   (x) Then southwestward along the           Rolla map);
Meramec River to Huzzah Creek;
                                                (xxxi) Then northward and westward
   (xi) Then southward along Huzzah
                                              along Little Piney Creek to the begin-
Creek to Dry Creek (on the Rolla map,
                                              ning point.
where Missouri Route 8 crosses Huzzah
Creek);                                       [T.D. ATF–256, 52 FR 32785, Aug. 31, 1987]

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§ 9.116                                                 27 CFR Ch. I (4–1–99 Edition)

§ 9.116 Sonoma Coast.                        straight line northwesterly to the
   (a)   Name.    The    name      of  the   point, near the benchmark at 184 ft.
viticultural area described in this sec-     elevation in Section 34, Township 8
tion is ‘‘Sonoma Coast’’.                    North, Range 8 West, at which Mark
   (b) Approved map. The approved maps       West Road crosses an unnamed stream
for determining the boundary of the          which flows northwesterly into Mark
Sonoma Coast viticultural area are the       West Creek. (Mark West Springs map)
following six U.S.G.S. topographic             (9) From this point, the boundary
maps:                                        proceeds northerly in a straight line to
   (1) Sonoma County, California, scale      the headwaters of Brooks Creek, in
1:100,000, dated 1970;                       Section 4, Township 8 North, Range 8
   (2) Mark West Springs, California,        West. (Mark West Springs map)
7.5-minute series, dated 1958, photo-          (10) The boundary follows Brooks
inspected 1978;                              Creek northwesterly to its confluence
   (3) Healdsburg, California, 7.5-minute    with the Russian River. (Healdsburg
series, dated 1955, photorevised 1980;       map)
   (4) Jimtown, California, 7.5-minute
                                               (11) The boundary proceeds south-
series, dated 1955, photorevised 1975;
                                             westerly in a straight line to an un-
   (5) Guerneville, California, 7.5-minute
                                             identified peak at elevation 672 ft.
series, dated 1955; and
   (6) Cazadero, California, 7.5-minute      (Healdsburg map)
series, dated 1978.                            (12) The boundary proceeds north-
   (c) Boundary description. In general,     westerly in a straight line to the peak
the boundary description of the              identified as Black Peak. (Healdsburg
Sonoma Coast viticultural area is            map)
found on the U.S.G.S. Topographic Map          (13) The boundary proceeds westerly
of Sonoma County, California, scale          in a straight line to an unidentified
1:100,000, dated 1970. When a point of       peak at elevation 857 ft. (Healdsburg
the boundary description is found on         map)
one of the 7.5-minute quadrangles, the         (14) The boundary proceeds westerly
boundary description indicates this in       in a straight line to the peak of Fitch
parentheses. The boundary description        Mountain      at    elevation    991   ft.
is as follows:                               (Healdsburg map)
   (1) The beginning point is the point        (15) The boundary proceeds north-
at     which    the    Sonoma      County-   westerly in a straight line to the inter-
Mendocino County line meets the              section, near a benchmark at elevation
shoreline of the Pacific Ocean.              154 ft. in the town of Chiquita, of a
   (2) The boundary follows the shore-       light-duty road (known locally as
line of the Pacific Ocean southerly to       Chiquita Road) and a southbound pri-
the Sonoma County-Marin County line.         mary highway, hard surface road
   (3) The boundary follows the Sonoma       (known locally as Healdsburg Avenue).
County-Marin County line southeast-          (Jimtown map)
erly to San Pablo Bay.
                                               (16) The boundary follows that road
   (4) The boundary follows the shore-
                                             (known locally as Healdsburg Avenue)
line of San Pablo Bay easterly to the
                                             southerly     through    the    city    of
Sonoma County-Napa County line.
   (5) The boundary follows the Sonoma       Healdsburg to the point at which it is
County-Napa County line northerly to         a light-duty, hard or improved surface
the peak of Arrowhead Mountain.              road, identified on the map as Redwood
   (6) From the peak of Arrowhead            Highway, which crosses the Russian
Mountain, the boundary proceeds in a         River, immediately south of the city of
straight line westerly to the peak of        Healdsburg at a bridge (known locally
Sonoma Mountain.                             as the Healdsburg Avenue Bridge).
   (7) From the peak of Sonoma Moun-         (Healdsburg map)
tain, the boundary proceeds in a               (17) The boundary follows the Rus-
straight line northwesterly to the peak      sian River southerly to a point, near
of Taylor Mountain.                          the confluence with Dry Creek, oppo-
   (8) From the peak of Taylor Moun-         site a straight line extension of a light-
tain, the boundary proceeds in a             duty, hard or improved surface road

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                     § 9.117

(known locally as Foreman Lane) lo-            § 9.117   Stags Leap District.
cated west of the Russian River.
                                                 (a)    Name.    The    name      of   the
(Healdsburg map)
                                               viticultural area described in this sec-
  (18) The boundary proceeds in a
straight line to that road and follows it      tion is ‘‘Stags Leap District.’’
westerly, then south, then westerly,             (b) Approved map. The appropriate
onto the Guerneville map, across a sec-        map for determining the boundaries of
ondary highway, hard surface road              the Stags Leap District viticultural
(known locally as Westside Road), and          area is one U.S.G.S. topographic map
continues westerly, then northwesterly         in the 7.5 minute series, scaled 1:24000,
to the point at which it crosses Felta         titled     ‘‘Yountville,   Calif.,’’   1951
Creek. (Guerneville map)                       (photorevised 1968).
  (19) The boundary follows Felta                (c) Boundaries. The Stags Leap Dis-
Creek approximately 18,000 ft. westerly        trict viticultural area is located in
to its headwaters, at the confluence of        Napa County, California, within the
three springs, located approximately           Napa Valley viticultural area. The
5,800 feet northwesterly of Wild Hog           boundaries are as follows:
Hill. (Guerneville map)                          (1) Commencing at the intersection
  (20) The boundary proceeds in a              of the intermittent stream (drainage
straight line southwesterly to the             creek) with the Silverado Trail at the
southwest corner of Section 9, Town-           60 foot contour line in T6N/R4W, ap-
ship    8    North,  Range    10   West.       proximately 7 miles north of the city of
(Guerneville map)                              Napa.
  (21) The boundary proceeds in a
                                                 (2) Then southwest in a straight line,
straight line southwesterly to the
                                               approximately 900 feet, to the main
point in, Section 24, Township 8 North,
                                               channel of the Napa River.
Range 11 West, at which Hulbert Creek
crosses the 160 ft. contour line.                (3) Then following the main branch of
(Cazadero map)                                 the Napa River (not the southern
  (22) The boundary follows Hulbert            branch by the levee) in a northwesterly
Creek southerly to its confluence with         then northerly direction, until it inter-
the Russian River.                             sects the medium-duty road (Grant
  (23) The boundary follows the Rus-           Bdy) in T7N/R4W, known locally as the
sian River southwesterly to its con-           Yountville Cross Road.
fluence with Austin Creek.                       (4)   Then     northeast   along      the
  (24) From this point, the boundary           Yountville Cross Road until it inter-
proceeds in a straight line northwest-         sects the medium-duty road, the
erly to the peak of Pole Mountain.             Silverado Trail.
  (25) From the peak of Pole Mountain,           (5) Then north along the Silverado
the boundary proceeds in a straight            Trail approximately 590 feet to a gully
line northwesterly to the peak of Big          entering the Silverado Trail from the
Oat Mountain.                                  east.
  (26) From the peak of Big Oat Moun-            (6) Then northeast along the center
tain, the boundary proceeds in a               line of that gully, approximately 800
straight line northwesterly to the peak        feet, until it intersects the 400 foor
of Oak Mountain.                               contour line in Section 30 of T7N/R4W.
  (27) From the peak of Oak Mountain,            (7) Then in a generally southeast di-
the boundary proceeds in a straight            rection, following the 400 foot contour
line northwesterly approximately 14.5
                                               line through Sections 29, 32, 33, 4, and 3,
miles     to   the   Sonoma      County-
                                               until it intersects the intermittent
Mendocino County line at the north-
                                               stream in the southwest corner of Sec-
east corner of Section 25, Township 11
North, Range 14 West.                          tion 3 in T6N/R4W.
  (28) The boundary follows the                  (8) Then in a generally southwest di-
Sonoma County-Mendocino County                 rection along that intermittent stream
line west, then southwesterly to the           to the beginning point, at the intersec-
beginning point.                               tion with the Silverado Trail.
[T.D. ATF–253, 52 FR 22304, June 11, 1987]     [T.D. ATF–281, 54 FR 4018, Jan. 27, 1989]


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§ 9.118                                                     27 CFR Ch. I (4–1–99 Edition)

§ 9.118 Ben Lomond Mountain.                    the intersection of the 800-foot contour
   (a)   Name.     The      name    of   the    line and Scott Creek in section 19 (T.
viticultural area described in this sec-        9S., R. 3W.).
tion is ‘‘Ben Lomond Mountain.’’                   (7) Thence in a northeasterly direc-
   (b) Approved maps. The appropriate           tion along the south bank of Scott
maps for determining the boundaries of          Creek through sections 19, 20 and 17 to
the Ben Lomond Mountain viticultural            the intersection of Scott Creek with
area are four 7.5 minute series U.S.G.S.        the 1600-foot contour line in section 16
maps. They are titled:                          (T. 9S., R. 3W.).
   (1) Davenport Quadrangle (1955,                 (8) Thence in a generally northeast-
photorevised 1968);                             erly and then southerly direction along
   (2) Big Basin Quadrangle (1955,              the 1600-foot contour line through sec-
photorevised 1973);                             tion 16 and then through the southeast
   (3)    Felton       Quadrangle      (1955,   and southwest corners of sections 9 and
photorevised 1980); and                         10 respectively to the intersection of
   (4) Santa Cruz Quadrangle (1954,             the 1600-foot contour line with Jamison
photorevised 1981).                             Creek in section 16 (T. 9S., R. 3W.).
   (c) Boundaries. The Ben Lomond                  (9) Thence in an easterly direction
Mountain viticultural area is located           along the south bank of Jamison Creek
entirely within Santa Cruz County,              across sections 15 and 14 (T. 9S., R. 3W.)
California, which is in the central part        to the intersection of Jamison Creek
of the State near the coast. The begin-         and the 800-foot contour line in the
ning point is the intersection of sec-          southeast corner of section 14 (T. 9S.,
tions 25, 26, 35 and 36 (Davenport Quad-        R. 3W.).
rangle, T. 10S., R. 3W.) which coincides
                                                   (10) Thence in a southeasterly direc-
with the 800-foot contour line and is
                                                tion in a meandering manner along the
approximately .6 mile northwest of the
                                                800-foot contour line across sections 14,
top of Bald Mountain.
   (1) From the beginning point, the            23, 24, 25 (T. 9S., R. 3W.), sections 30 and
boundary follows the 800-foot contour           31 (T. 9S., R. 2W.), and sections 32, 5, 8,
line in a meandering manner in a gen-           9, 16, 17 and 21 (T. 10S., R. 2W.).
erally northwesterly direction across              (11) Thence in a southwesterly, then
section 26 into section 27 (T. 10S., R.         generally a southeasterly and then a
3W.).                                           northwesterly direction along the 800-
   (2) Thence along the 800-foot contour        foot contour line in a meandering man-
line in an easterly and then generally a        ner to section 31 and then continuing
northeasterly direction through sec-            on through sections 31 and 30 (T. 10S.,
tion 27 and then back across the north-         R. 2W.).
west corner of section 26 and thence in            (12) Thence continuing along the 800-
a generally northwesterly direction             foot contour line in a generally south-
along the 800-foot contour line across          erly and then a generally northwest-
sections 23, 22 and into section 15.            erly direction through sections 25, 36,
   (3) Thence along the 800-foot contour        31 and 36 to the point of beginning at
line in a northerly and then a south-           the intersection of sections 25, 26, 35
erly direction across section 22 and            and 36 (T. 10S., R. 3W.).
eventually in a generally northwest-
                                                [T.D. ATF–264, 52 FR 46591, Dec. 9, 1987]
erly direction into section 20.
   (4) Thence continuing along the 800-         § 9.119   Middle Rio Grande Valley.
foot contour line in a generally north-
westerly direction through sections 20,           (a)    Name.   The    name    of    the
17, 16, 17, 16, 9, 8, 5, 8, 7 and 6 (T. 10S.,   viticultural area described in this sec-
R. 3W.).                                        tion is ‘‘Middle Rio Grande Valley.’’
   (5) Thence continuing in a northerly           (b) Approved maps. The approved
direction across sections 5 and 32 and          maps for determining the boundaries of
thence in a southwesterly direction             the ‘‘Middle Rio Grande Valley’’
across sections 31 and 6.                       viticultural area are 24 U.S.G.S. Quad-
   (6) Thence continuing in a generally         rangle (7.5 Minute Series) maps and 1
northerly direction across sections 1, 6,       (15 Minute Series) U.S.G.S. map. They
31, 36, 31, 36 and 30 (T. 9S., R. 3W.) to       are titled:

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Bureau of Alcohol, Tobacco and Firearms, Treasury                              § 9.119

  (1) Abeytas, N. Mex. (1952), revised          (3) It follows I–25 southwest for 1.2
1979.                                         miles until it arrives at an unimproved
  (2) Alameda, N. Mex. (1960), revised        dirt road approx. .2 mile east of
1967 and 1972.                                Algodones Cemetery, at Sec. 11, T13N,
  (3) Alburquerque East, N. Mex. (1960),      R4E on the Placitas, N. Mex. U.S.G.S.
revised 1967 and 1972.                        map;
  (4) Albuquerque West, N. Mex. (1960),         (4) The boundary follows the unim-
revised 1967 and 1972.                        proved dirt road southeast for 5.5 miles
  (5) Belen, N. Mex. (1952), revised 1971.    until it meets another unimproved dirt
  (6) Bernalillo, N. Mex. (1954), revised     road at Tecolote, NM, south of Sec. 27
1972.                                         and 28, T13N, R5E;
  (7) Dalies, N. Mex. (1952), revised 1971.     (5) It travels southwest on the unim-
  (8) Isleta, N. Mex. (1952), revised 1967    proved dirt road .7 mile until it meets
and 1974.                                     NM–44 approx. 100 feet northwest of BM
  (9) La Joya, N. Mex. (1952), revised        6,075 in Placitas, NM, at T13N, R5E;
1971.                                           (6) It then goes southeast on NM–44
  (10) Lemitar, N. Mex. (1952), revised       for approx. 250 feet until it intersects
1971.                                         the 6,100 foot elevation contour line
  (11) Loma De Las Canas, N. Mex.             approx. 250 feet southeast of BM 6,075,
(1959), revised 1979.                         at T13N, R5E;
  (12) Loma Machete, N. Mex. (1954), re-        (7) It then travels west for 3.5 miles
vised 1972.                                   on the 6,100 feet elevation contour line
  (13) Los Griegos, N. Mex. (1960), re-       until it reaches a light-duty road on
vised 1967 and 1972.                          the Huertas Grant/Cibola National For-
  (14) Los Lunas, N. Mex. (1952), revised     est Boundary at Sec. 6, T12N, R5E;
1971 and 1974.                                  (8) The boundary runs north to north-
  (15) Mesa Del Yeso, N. Mex. (1959).         west on the light-duty road for approx.
  (16) Placitas, N. Mex. (1954).              .9 mile until it meets NM–44 next to
  (17) San Acacia, N. Mex. (1952), re-        BM 5,875 in Sec. 31, T13N, R5E;
vised 1971.                                     (9) It travels west 5.2 miles on NM–44
  (18) San Antonio, N. Mex. (1948)—15         until it arrives at I–25 (southbound
minute series.                                interchange) near the Bernalillo Ceme-
  (19) San Felipe Pueblo, N. Mex. (1954),     tery at T13N, R4E on the Bernalillo, N.
revised 1978.                                 Mex. U.S.G.S. map;
  (20) Santa Ana Pueblo, N. Mex. (1954),        (10) It proceeds south on I–25 for
revised 1978.                                 approx. 8.6 miles until it intersects
  (21) Socorro, N. Mex. (1959), revised       with NM–556 at the east bound inter-
1971.                                         change at Sec. 1, T11N, R3E on the Ala-
  (22) Tome, N. Mex. (1952), revised 1979.    meda, N. Mex. U.S.G.S. map;
  (23) Turn, N. Mex. (1952), revised 1979.      (11) The boundary goes east approx. 5
  (24) Veguita, N. Mex. (1952), revised       miles on NM–556 until it intersects the
1979.                                         106°30′ longitude meridian, T11N, R4E;
  (25) Wind Mesa, N. Mex. (1952), re-           (12) Then it goes south on the 106°30′
vised 1967.                                   longitude meridian for approx. 4.5
  (c) Boundary description. The bound-        miles until it arrives at Montgomery
ary of the proposed Middle Rio Grande         Blvd. at Sec. 34, T10/11N, R4E;
Valley viticultural area is as follows:         (13) The boundary travels west on
  (1) The beginning point is at the           Montgomery Blvd. for approx. 6.1 miles
transmission line tower in the middle         until it meets the south exit ramp of 1–
of Section 34, T14N, R4E of the Santa         25 in Sec. 34, T11N, R3E;
Ana Pueblo, N. Mex. U.S.G.S. map;               (14) Then it travels south on I–25 for
  (2) The boundary follows the power          approx. 13.3 miles (through Albu-
transmission line east for 2.5 miles          querque, NM) until it intersects with
until it converges with New Mexico            NM–47 at Sec. 6, T8N, R3E on the
State Route 25/Interstate 85 (now             Isleta, N. Mex. U.S.G.S. map;
known as Interstate 25) at Sec. 1, T13N,        (15) It heads south on NM–47 for
R4E on the San Felipe Pueblo, M. Mex.         approx. 3.2 miles until it converges
U.S.G.S. map;                                 with the 4,900 foot elevation contour

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§ 9.119                                                  27 CFR Ch. I (4–1–99 Edition)

line at Isleta Pueblo, NM, in Sec. 24,          (27) It then runs east for approx. 1.25
T8N, R2E;                                     miles until it reaches the east section
  (16) The boundary follows the 4,900         line (marked altitude 5,058 feet) of Sec.
foot elevation contour line south for         20, T1S, R1E;
approx. 25 miles until it arrives at a          (28) It travels south on the section
point north on Madron, NM, at the             line for approx. 7.1 miles, until it meets
Atchison, Topeka and Santa Fe Rail-           the Grant Boundary at altitude mark
road (AT&SF RR) tracks, approx. 250           4,734 feet at Sec. 32/33, T2S, R1E on the
feet east of elevation mark 4,889 feet on     Loma De Las Canas, N. Mex. U.S.G.S.
the Turn, N. Mex. U.S.G.S. map;               map;
  (17) It then travels north on the             (29) It proceeds east on the Grant
AT&SF RR tracks for approx. 350 feet          Boundary for .25 mile until it arrives at
until it intersects NM–47 approx. 350         the section line (Grant Boundary at
feet north of elevation mark 4,889 feet;      Sec. 32/33, T2S, R1E;
  (18) The boundary goes southwest on           (30) The boundary moves south on the
NM–47 (through Turn, N.M.) for approx.        Grant Boundary for approx. 5.2 miles
2.4 miles until it reaches the 106°45′ lon-   until it meets the (Grant Boundary)
gitude meridian between the Turn, N.          section line near altitude spot 4,702 feet
Mex. & Vequita, N. Mex. U.S.G.S.              at Sec. 28/29, T3S, R1E;
maps;                                           (31) The boundary goes west on the
  (19) Then it travels south on the           section line (Grant Boundary) for
106°45′ longitude meridian for approx.        approx. .25 mile until it arrives at the
4.7 miles until it meets the 34°30′ lati-     section line at Sec. 28/29, T3S, R1E;
tude parallel on the Veguita, N. Mex.           (32) Then it moves south on the sec-
U.S.G.S. map;                                 tion line for approx. 5.7 miles until it
  (20) It then proceeds west on the           meets an unimproved dirt road at
34°30′ latitude parallel for approx. 1        Bosquecito, N.M. on the west section
mile until it arrives at NM-47 approx.        line of Sec. 9, T4S, R1E on the San An-
.75 mile south of San Juan Church;            tonio, N. Mex. (15 minute series)
  (21) Then it moves south on NM-47 for       U.S.G.S. map;
approx. 13.2 miles until it reaches an          (33) It heads south on the unimproved
improved light-duty road at La Joya,          dirt road for approx. 2 miles until it
NM, approx. 500 feet west of La Joya          changes to a light-duty road at Padilla
Cemetery on the La Joya, N. Mex.              Ranch in Sec. 21, T4S, R1E;
U.S.G.S. map;                                   (34) It follows the light-duty road for
  (22) It then travels south on the im-       2.25 miles until it intersects US-380/85,
proved light-duty road for approx. 450        in Sec. 33, T4S, R1E;
feet until it intersects another im-            (35) Then it follows US-380/85, first
proved light-duty road;                       west then it loops north for approx. 8
  (23) Then it goes 500 feet west on the      miles until it meets the 34° 00′ latitude
improved light-duty road until it             parallel;
reaches a north-south unimproved road           (36) The boundary moves west on the
at a point approx. .9 mile east of the        34° 00′ latitude parallel of the Socorro,
AT&SF RR tracks;                              N. Mex. U.S.G.S. map for approx. .75
  (24) The boundary heads south on the        mile until it meets the 4,800 foot ele-
unimproved road for approx. 7.9 miles         vation contour line in Sec. 35;
until it reaches the 34°15′ latitude par-       (37) It meanders north on the 4,800
allel on the La Joya, N. Mex. U.S.G.S.        foot elevation contour line for approx.
map;                                          9 miles until it meets the 34° 07′ 30″
  (25) It travels west on the 34°15′ lati-    latitude parallel;
tude parallel for approx. .9 mile until it      (38) It travels east for approx. .2 mile
intersects the 106°52′30′ longitude me-       on the 34°07′30″ latitude parallel until it
ridian on the Mesa Del Yeso, N. Mex.          meets I-25 (US-60/85);
U.S.G.S. map;                                   (39) It goes north on I-25 (US-60/85) for
  (26) It then goes south on the              approx 27.8 miles until it meets the
106°52′30″   longitude    meridian      for   Belen Highline Canal levee approx. 1.6
approx. 3.3 miles until it intersects the     mile south of San Antonio Church on
south section line of Sec. 19, T1S, R1E;      the Veguita, N. Mex. U.S.G.S. map;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                § 9.120

  (40) Then the boundary follows the           border of T(ownship) 18 N(orth),
Belen Highline Canal north for approx.         R(ange) 6 E(ast), with S. Honcut Creek
9.4 miles until it intersects I-25,            the boundary proceeds approximately
approx. .5 mile west of Bacaville, NM,         3.5 miles, in a generally south and
on the Belen, N. Mex. U.S.G.S. map;            southwesterly direction, along the
  (41) Then it travels north on I-25 for       eastern bank of S. Honcut Creek to the
approx. 16 miles until it meets the            point where S. Honcut Creek meets the
34°52′30″ latitude parallel on the Isleta,     western border of T. 18 N., R. 6 E.;
N. Mex. U.S.G.S. map;                            (2) Then south, approximately 15
  (42) The boundary goes west on the           miles, along the western borders of T.
34°52 30″ latitude parallel for approx. 1      18 N., T. 17 N., and T. 16 N. in R. 6 E.,
mile until it arrives at the 106° 45′ lon-     to the point where the western border
gitude meridian;                               of T. 16 N., R. 6 E. meets the northern-
  (43) Then it moves north on the 106°         most perimeter of Beale Air Force Base
45′ longitude meridian for approx. 16.5        in the southwestern corner of T. 16 N.,
miles until it reaches the 35°07′30″ lon-      R. 6 E.;
gitude meridian on the Albuquerque               (3) Then east, south and west along
West, N. Mex. U.S.G.S. map;                    the perimeter of Beale Air Force Base
  (44) At this point it heads east for         to the point where the perimeter of
approx. 1.2 miles along the 35° 07′ 30″        Beale Air Force Base intersects the
latitude parallel until it reaches the         western border of R. 7 E. in T. 14 N.;
power transmission line towers at Sec.           (4) Then south, approximately 24
3/4, T10N, R2E of the Los Griegos, N.          miles, along the western borders of T.
Mex. U.S.G.S. map; and finally                 14 N., T. 13 N., T. 12 N., and T. 11 N. in
  (45) From there it follows the power         R. 7 E., to the southwestern corner of
transmission line towers (and for 1            T. 11 N., R. 7 E. (see ‘‘Sacramento’’
mile along a connecting unimproved             map);
road) north and northeast for a total of         (5) Then east, approximately six
approx. 24.4 miles to the point of begin-      miles, along the south border of T. 11
ning at Sec. 34, T14N, R4E, of the Santa       N., R. 7 E., to the southeastern corner
Ana Pueblo, N. Mex. U.S.G.S. map.              of T. 11 N., R. 7 E.;
[T.D. ATF–266, 52 FR 2836, Feb. 2, 1988]         (6) Then in a south southeasterly di-
                                               rection, in a straight line, approxi-
§ 9.120 Sierra Foothills.                      mately three miles, to the north-
   (a)    Name.    The    name     of   the    easternmost corner of Sacramento
viticultural area described in this sec-       County in T. 10 N., R. 8 E.;
tion is ‘‘Sierra Foothills.’’                    (7) Then continuing in a south south-
   (b) Approved maps. The appropriate          easterly direction, in a straight line,
maps for determining the boundary of           along the Sacramento County—El Do-
the Sierra Foothills viticultural area         rado County line, approximately 15
are four U.S.G.S. topographical maps           miles, to the point where the county
of the 1:250,000 scale:                        line meets the Cosumnes River in the
   (1) ‘‘Chico’’ (NJ 10–3), edition of 1958,   southwestern corner of T. 8 N., R. 9 E.;
revised 1970.                                    (8) Then south, in a straight line, ap-
   (2) ‘‘Sacramento’’ (NJ 10–6), edition       proximately 14.1 miles, along the Sac-
of 1957 revised 1970.                          ramento County—Amador County line,
   (3) ‘‘San Jose’’ (NJ 10–9), edition of      to the point where the county line
1962, revised 1969.                            meets Dry Creek in the northwestern
   (4) ‘‘Mariposa’’ (NJ 11–7), edition of      corner of T. 5 N., R. 9 E.;
1957, revised 1970.                              (9) Then in a south southeasterly di-
   (c) Boundary. The Sierra Foothills          rection, in a stright line, approxi-
viticultural area is located in portions       mately 5.4 miles. along the San Joa-
of the counties of Yuba, Nevada, Plac-         quin County—Amador County line, to
er, El Dorado, Amador, Calaveras,              the point where the Mokelumne River
Tuolumne and Mariposa, in the State            forms the Amador County—Calaveras
of California. The boundary is as fol-         County line in T. 4 N., R. 9 E.;
lows:                                            (10) Then continuing in a south
   (1) Beginning on the ‘‘Chico’’ map at       southeasterly direction, in a straight
the point of intersection of the north         line, approximately 10.4 miles, along

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§ 9.121                                                  27 CFR Ch. I (4–1–99 Edition)

the San Joaquin County-Calaveras             ern border of the Tahoe National For-
County line, to the point where the          est in Placer, Nevada and Yuba coun-
power line meets the western border of       ties to the point south of Ruef Hill
T. 3 N., R. 10 E.;                           where the western border of the Tahoe
  (11) Then in a southeasterly direc-        National Forest intersects the north-
tion, in a straight line, approximately      east corner of T. 18 N., R. 6 E.;
22.4 miles, along the Calaveras County-        (20) Then west, approximately five
Stanislaus County line to the point          miles, along the north border of T. 18
where the county line meets the              N., R. 6 E., to the point of beginning.
Stanislaus River in T. 1 S., R. 12 E. (see
                                             [T.D. ATF–261, 52 FR 44105, Nov. 18, 1987]
‘‘San Jose’’ map);
  (12) Then in a southeasterly direc-        § 9.121   Warren Hills.
tion, in a straight line, approximately
20 miles, along the Tuolumne County-           (a)    Name.   The      name    of   the
Stanislaus County line to the point          viticultural area described in this sec-
where the county lines of Tuolumne,          tion is ‘‘Warren Hills.’’
Mariposa, Stanislaus and Merced coun-          (b) Approved maps. The appropriate
ties meet in the southeast corner of T.      maps for determining the boundaries of
3 S., R. 14 E.;                              the Warren Hills viticultural area are
  (13) Then continuing along the             thirteen U.S.G.S. maps of the 7.5
Mariposa County-Merced County line           minute series. They are titled:
in a generally southeasterly direction,        (1) Riegelsville Quadrangle, Pennsyl-
approximately 37 miles, to the point         vania—New Jersey, 1956 (photorevised
where the county lines of Mariposa,          1968 and 1973).
Merced and Madera counties meet in             (2) Bloomsbury Quadrangle, New Jer-
the northwestern corner of T. 9 S, R. 18     sey, 1955 (photorevised 1970).
E.;                                            (3) High Bridge Quadrangle, New Jer-
  (14) Then northeasterly in a straight      sey, 1954 (photorevised 1970).
line, approximately 23 miles, along the        (4) Washington Quadrangle, New Jer-
Mariposa County-Merced County line           sey, 1954 (photorevised 1971).
to the point, approximately one mile           (5) Hackettstown Quadrangle, New
west of Miami Mountain, where the            Jersey,     1953   (photorevised     1971,
Mariposa County-Merced County line           photoinspected 1976).
meets the western border of the bound-         (6) Tranquility Quadrangle, New Jer-
ary of the Sierra National Forest in T.      sey, 1954 (photorevised 1971).
6S, R. 20 E. (see ‘‘Mariposa’’ map);           (7) Newton West Quadrangle, New
  (15) Then in a generally northerly         Jersey, 1954 (photorevised 1971).
and westerly direction, along the west-        (8) Flatbrookville Quadrangle, New
ern borders of the Sierra and                Jersey—Pennsylvania,                  1954
Stanislaus      National    Forests     in   (photorevised 1971).
Mariposa County (see ‘‘San Jose’’              (9) Blairstown Quadrangle, New Jer-
map);                                        sey—Warren Co., 1954 (photorevised
  (16) Then in a generally northerly         1971).
and westerly direction, along the west-        (10) Portland Quadrangle, Pennsyl-
ern border of the Stanislaus National        vania—New Jersey, 1955 (photorevised
Forest in Tuolumne County (see ‘‘Sac-        1984).
ramento’’ map);                                (11) Belvidere Quadrangle, New Jer-
  (17) Then in a generally northerly         sey—Pennsylvania, 1955 (photorevised
and westerly direction, along the west-      1984).
ern border of the Stanislaus National          (12) Bangor Quadrangle, Pennsyl-
Forest in Calaveras and Amador coun-         vania—New Jersey, 1956 (photorevised
ties;                                        1968 and 1973).
  (18) Then in a generally northerly           (13) Easton Quadrangle, New Jersey—
and westerly direction, along the west-      Pennsylvania, 1956 (photorevised 1968
ern border of the El Dorado National         and 1973).
Forest in Amador, El Dorado and Plac-          (c) Boundary—(1) General. The Warren
er counties (see ‘‘Chico’’ map);             Hills viticultural area is located in
  (19) Then in a generally northerly         Warren County, New Jersey. The begin-
and westerly direction, along the west-      ning point of the following boundary

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Bureau of Alcohol, Tobacco and Firearms, Treasury                                    § 9.123

description is the junction of the Dela-      the northeast border of the Town of
ware River and the Musconetcong               Hartland;
River, at the southern tip of Warren            (4) The boundary runs approximately
County (on the Riegelsville map).             5 miles south along the eastern bound-
  (2) Boundary Description. (i) From the      ary of the Town of Hartland to the
beginning point, the boundary goes            northeast corner of the Town of
northeastward along the Musconetcong          Barkhamstead       (Litchfield-Hartford
River    about    32  miles     (on  the      County line);
Riegelsville, Bloomsbury, High Bridge,          (5) The boundary then goes south ap-
Washington,       Hackettstown,      and      proximately    25  miles    along   the
Tranquaility maps) to the point where         Litchfield-Hartford County line to the
it intersects the Warren County-Sessex        southeast corner of the Town of Plym-
County line;                                  outh (Litchfield-Hartford-New Haven
  (ii) Then northwestward along that          County line);
county line for about 10 miles (on the          (6) The boundary then travels ap-
Tranquility,     Newton     West,    and      proximately 7 miles west along the
Flatbrookville maps) to Paulins Kill;         Litchfield-New Haven County line to
  (iii) Then generally southwestward          Connecticut Route #8 at Waterville in
along     Paulins     Kill     (on   the      the Town of Waterbury;
Flatbrookville, Blairstown and Port-            (7) The boundary proceeds approxi-
land maps) to the Delaware River;             mately 25 miles south along Con-
  (iv) Then generally south-southwest-        necticut Route #8 to the intersection
ward along the Delaware River (on the         of Connecticut Route 15 (Merritt Park-
Portland, Belvidere, Bangor, Easton,          way) near Nichols in the Town of
and Reigelsville maps) to the beginning       Trumbull;
point.                                          (8) The boundary travels approxi-
                                              mately 32 miles west along Connecticut
[T.D. ATF–276, 53 FR 29676, Aug. 8, 1988]
                                              Route 15 (Merritt Parkway) to the be-
§ 9.122 Western     Connecticut     High-     ginning point.
     lands.                                   [T.D. ATF–267, 53 FR 3747, Feb. 9, 1988]
   (a)   Name.   The    name     of   the
viticultural area described in this sec-      § 9.123 Mt. Veeder.
tion is ‘‘Western Connecticut High-              (a)   Name.    The    name     of   the
lands.’’                                      viticultural area described in this sec-
   (b) Approved map. The approved map         tion is ‘‘Mt. Veeder.’’
for determining the boundaries of the            (b) Approved Maps. The appropriate
‘‘Western     Connecticut     Highlands’’     maps for determining the boundaries of
viticultural area is 1 U.S.G.S. 1:125,000     the ‘‘Mt. Veeder’’ viticultural area are
series map. It is titled State of Con-        three U.S.G.S. Quadrangle (7.5 Minute
necticut, Compiled in 1965, Edition of        Series) maps. They are titled:
1966.                                            (1)     Napa,     California      (1951
   (c) Boundary description. The bound-       (Photorevised (1980))
aries of the proposed Western Con-               (2)   Rutherford,    California   (1951
necticut Highlands viticultural area          (Photorevised (1968))
are as follows:                                  (3)    Sonoma,      California    (1951
   (1) The beginning point is where Con-      (Photorevised (1980))
necticut Route #15 (Merritt Parkway)             (c) Boundaries.
meets the Connecticut-New York State             (1) Beginning at unnamed peak, ele-
line near Glenville, CT, in the Town of       vation 1,820, on the common boundary
Greenwich.                                    between Napa County and Sonoma
   (2) The boundary goes approximately        County in section 23, Township 7
80 miles northerly along the Con-             North, Range 6 West, Mount Diablo
necticut-New York State line to the           Base and Meridian on the Rutherford,
northwest corner of Connecticut at the        Calif. U.S.G.S. map;
Town of Salisbury (Connecticut-New               (2) Thence south along common
York-Massachusetts State line);               boundary between Napa County and
   (3) The boundary proceeds approxi-         Sonoma County to unnamed peak, ele-
mately 32 miles east along the Con-           vation 1,135 feet on the Sonoma, Calif.
necticut-Massachusetts State line to          U.S.G.S. map;

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§ 9.124                                                  27 CFR Ch. I (4–1–99 Edition)

  (3) Thence continuing south along            area is one U.S.G.S. Quadrangle (7.5
the ridge line approximately 1⁄2 mile to       Minute Series) map. It is titled Mt.
unnamed peak, elevation 948 feet;              George, California (1951), photorevised
  (4) Thence due east in a straight line       1968.
approximately 2⁄10 mile to the 400 foot          (c) Boundaries. The boundaries of the
contour;                                       Wild Horse Valley viticultural area (in
  (5) Thence following the 400 foot con-       Napa and Solano Counties) are as fol-
tour line north around Carneros Valley         lows:
and then to the west of Congress Val-            (1) The beginning point is on the sec-
ley and Browns Valley on the Napa,             tion line boundary between Section 33,
Calif. U.S.G.S. map;                           Range 3 West, Township 6 North and
  (6) Thence paralleling Redwood Road          Section 4, Range 3 West, Township 5
to its intersection with the line divid-       North, Mount Diablo Range and Merid-
ing Range 5 West and Range 4 West,             ian, marked with an elevation of 1,731
east of the unnamed 837 foot peak;             feet, which is a northwest corner of the
  (7) Thence north along the line divid-       boundary between Napa and Solano
ing Range 5 West and Range 4 West ap-          Counties.
proximately 4⁄10 mile to the 400 foot            (2) From the beginning point, the
contour;                                       boundary runs in a north-northeasterly
  (8) Thence briefly southeast, then           direction approximately .9 mile to the
northwest along the 400 foot contour to        summit of an unnamed hill having a
the point where that contour intersects        marked elevation of 1,804 feet;
the northern border of Section 10,               (3) Then northeasterly approximately
Township 6 North, Range 5 West imme-           .7 mile to the summit of an unnamed
diately adjacent to Dry Creek on the           hill having a marked elevation of 1,824
Rutherford Calif. U.S.G.S. map;                feet;
  (9) Thence northwesterly along Dry             (4) Then south-southeasterly approxi-
Creek through Sections 3 and 4 of              mately .6 mile to the summit of an
Township 6 North, Range 5 West, and            unnamed hill having a marked ele-
Sections 32 and 31 of Township 7 North,        vation of 1,866 feet;
Range 5 West, to the fork of Dry Creek           (5) Then south-southeasterly approxi-
near the center of Section 25 of Town-         mately .5 mile to the summit of an
ship 7 North, Range 6 West;                    unnamed hill having a marked ele-
  (10) Continuing along the northern           vation of 2,062 feet;
fork of Dry Creek through Sections 25            (6) Then southerly approximately .7
and 24 of Township 7 North, Range 6            mile to the summit of an unnamed hill
West, to the point at which the main           having a marked elevation of 2,137 feet;
channel of Dry Creek ends and divides            (7) Then south-southeasterly approxi-
into three tributaries;                        mately .4 mile to the summit of an
  (11) Thence following the middle trib-       unnamed hill having a marked ele-
utary of Dry Creek through Sections 24         vation of 1,894 feet;
and 23 of Township 7 North, Range 6              (8) Then southerly approximately 2.3
West, to its source at the intersection        miles to the midpoint of the section
with a trail indicated on the map;             line boundary between Sections 15 and
  (12) Thence following a straight line        22, Township 5 North, Range 3 West,
west approximately 1⁄10 mile to the top        Mount Diablo Range and Meridian;
of unnamed peak, elevation 1,820, the            (9) Then southwesterly approxi-
beginning point.                               mately 1.3 miles to the summit of an
[T.D. ATF–295, 55 FR 5844, Feb. 20, 1990, as   unnamed hill having a marked ele-
amended by T.D. ATF–351, 58 FR 65126, Dec.     vation of 1,593 feet;
13, 1993]                                        (10) Then west-northwesterly ap-
                                               proximately 1.2 miles to the summit of
§ 9.124 Wild Horse Valley.                     an unnamed hill, on the Napa/Solano
   (a)   Name.   The    name   of    the       County boundary, having a marked ele-
viticultural area described in this sec-       vation of 1,686 feet;
tion is ‘‘Wild Horse Valley.’’                   (11) Then north-northeasterly ap-
   (b) Approved Map. The appropriate           proximately 1.5 miles to the summit of
map for determining the boundaries of          an unnamed hill having a marked ele-
the ‘‘Wild Horse Valley’’ viticultural         vation of 1,351 feet;

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Bureau of Alcohol, Tobacco and Firearms, Treasury                               § 9.125

  (12) Then north-northeasterly ap-            road known locally as Texas Ranch
proximately 1.2 miles to the summit of         Road 1631.
an unnamed hill having a marked ele-             (5) Then northeasterly along Texas
vation of 1,480 feet; and                      Ranch Road 1631 approximately 1 mile
  (13) Then north-northwesterly ap-            to a point where Texas Ranch Road
proximately 1.0 miles to the point of          1631 crosses the 1,800 foot contour line.
beginning.                                       (6) Then northwesterly in a mean-
                                               dering manner along the 1,800-foot con-
[T.D. ATF–278, 53 FR 48247, Nov. 30, 1988]
                                               tour line to the point where the 1,800-
§ 9.125 Fredericksburg in the Texas            foot contour line crosses State Route
     Hill Country.                             16.
                                                 (7) Then in a generally westerly di-
  (a)    Name.    The    name    of  the       rection along the 1,800-foot contour
viticultural area described in this sec-       line to the point where the 1,800-foot
tion is ‘‘Fredericksburg in the Texas          contour line crosses State Route 965.
Hill Country.’’