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> **[MR. FRANCIS W. FOOTE]{.smallcaps}**
>
> **Director**
>
> **[Regulations and Rulings Division]{.smallcaps}**
>
> **[Tax and Trade Bureau]{.smallcaps}**
>
> [1310 **g street, nw**]{.smallcaps}
>
> [WASHINGTON, DC 20220]{.smallcaps}

#### RE : Notice No. 41 -- Labeling and Advertising of Wines, Distilled Spirits and Malt Beverages (70 Fed. Reg. 22274 -- April 29, 2005)

Dear Mr. FOOTE:

The **Fédération des Exportateurs de Vins et Spiritueux de France
(FEVS)** welcomes the opportunity to present its views regarding the
above referenced ANPRM.

The Federation of Exporters of Wines and Spirits of France (FEVS) is a
trade association representing the interests of 550 wine and spirit
producing and exporting companies from France. FEVS's members account
approximately for 85 percent of all wines and spirits exports from
France to the rest of the world.

1.  **The above Notice raises a wide range of alcohol beverage labeling
    and advertising issues, of various degrees of complexity and
    urgency, with respect to providing consumers with meaningful
    information about the alcoholic beverage they choose to purchase**.

FEVS believes that the interest of the consumer, the industry and TTB,
would be best served by dividing the ANPRM into three broad separate
issues, that could be more adequately addressed by the industry and more
efficiently reviewed by TTB:

> a\) - Allergen labeling
>
> b\) - Macronutrient labeling and serving facts
>
> c\) - Ingredient labeling
>
> As noted above, there is no real urgency to address the last two
> issues, whereas the issue of Allergen labeling needs to be addressed
> before January 1^st^, 2006, as mandated under the Food Allergen
> Labeling and Consumer Protection Act of 2004, for those alcohol
> beverage products that may or may not be subject to the labeling
> provisions pursuant to this Act.

2.  **Regarding the issues raised under heading (b) \"Macronutrient
    labeling and serving facts\" and (c) \"Ingredient labeling\", FEVS
    is not in a position to comment on these two proposals at this
    stage.** Similar issues are being raised in the E.U. and are in
    various stages of review and consideration by the European
    Commission and the different industry groups. FEVS believes it is
    premature and it would be inappropriate for our organization to
    comment on issues that are still under debate and early review
    within the different industry groups and trade associations in the
    European Union.

**Therefore, FEVS respectfully request an extension of 90 days of the
comment period regarding the issues of nutritional labeling and serving
facts, and ingredient labeling.**

3.  **Allergen labeling:**

> **a) - Harmonization with the European Union:**

The European Union, the largest trading partner of the United States in
alcoholic beverages, has also recently adopted allergen-labeling
guidelines for food products.

> FEVS strongly believes that trade and the public's interest would be
> best served by harmonizing allergen labeling requirements in
> developing regulations in our respective countries, so that the
> applicability of an allergen labeling requirement for a particular
> product is the same from one country to another.
>
> **b) - Temporary exemption from mandatory allergen labeling for those
> products that might eventually fall under the provisions of the Act,
> until further clinical evidence is available on the possible
> involvement of wines in allergenic reactions due to fining agents or
> processing aides.**

Many alcohol products are outside the scope of the Food Allergen
Labeling and Consumer Protection Act since they do not contain protein.
Other beverage alcohol products also will fall outside the Act either
because their food ingredients do not cause an allergic response posing
a human health risk or simply do not contain allergenic protein.

> With respect to those products that might eventually come under the
> scope of the Act, FEVS wishes to underline several critical factors in
> developing recommendations on the allergen labeling issue:

-   The lack of FDA guidelines on threshold levels at which allergic
    reactions may occur and what is the population at risk.

-   The lack of FDA guidelines on determining trace residual levels in
    the final product.

-   The lack of clinical data available on the involvement of wines in
    allergenic reactions due to processing aids and fining agents.

-   Ongoing work and clinical studies by Australia, Canada, and the
    European Union regarding the above.

> FEVS shares the goal of TTB of providing consumers with meaningful and
> sometimes critical information on allergens through labeling (i.e. the
> current requirement for sulfate labeling), but only to the extent that
> (i) the allergenic risk is clearly established (ii) the allergenic
> substance for which a risk threshold has been established is indeed
> present in the final product.
>
> Mandatory allergen labeling without solid scientific evidence would
> only raise unnecessary concern among the consuming public and possibly
> negatively impact the consumption of wines.

FEVS therefore recommends that TTB exempts wines from mandatory allergen
labeling until further scientific datas and clinical evidence is
available.

We look forward to the opportunity to offer more detailed comments on
these important issues in this near future.

> Sincerely

Signed : Renaud GAILLARD

Vice President , FEVS