I

104TH CONGRESS

2D SESSION H. R. 3115

To amend the Federal Food, Drug, and Cosmetic Act to require ingredient

labeling for malt beverages, wine, and distilled spirits, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 19, 1996

Mrs. SCHROEDER (for herself, Mr. KENNEDY of Massachusetts, Mr. DELLUMS, Mr. SERRANO, Mr. ACKERMAN, and Mr. MARKEY) introduced the

following bill; which was referred to the Committee on Commerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to

require ingredient labeling for malt beverages, wine, and

distilled spirits, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Alcohol Ingredient La5 beling Act of 1996’’.

6 SEC. 2. LABELING.

7 Section 403 of the Federal Food, Drug, and Cosmetic

8 Act (21 U.S.C. 343) is amended by adding at the end the

9 following:
2

•HR 3115 IH

1 ‘‘(t)(1) If it is a malt beverage (including malt liquor

2 or malt cooler), wine (including wine cooler or fortified

3 wine), distilled spirit (including distilled spirit cooler), or

4 any other beverage, over-the-counter medication, or similar product containing more than 1 5 ⁄2 percent alcohol by

6 volume unless it bears a label which—

7 ‘‘(A) discloses in a nonpromotional manner the

8 alcoholic content by volume,

9 ‘‘(B) discloses the number of drinks it contains

10 rounded to the nearest quarter drink,

11 ‘‘(C) discloses its ingredients and calories per

12 container and per drink,

13 ‘‘(D) discloses the common or usual name of

14 each ingredient (including additives), and

15 ‘‘(E) bears the following statement: ‘If you or

16 someone you know has a drinking problem, a call

17 may be made to (reference to a toll-free number es18 tablished and operated by the Secretary) for help’.

19 ‘‘(2) For purposes of subparagraph (1):

20 ‘‘(A) The term ‘malt beverage’ means a bev21 erage made by the alcoholic fermentation of an infu22 sion or decoction, or combination of both, in potable

23 brewing water of malted barley with hops, or their

24 parts or products, with or without other malted cere25 als, with or without the addition of unmalted or pre-
3

•HR 3115 IH

1 pared cereals, other carbohydrates, or materials pre2 pared, with or without the addition of carbon diox3 ide, and with or without other wholesome products

4 suitable for human food consumption.

5 ‘‘(B) The term ‘wine’ means wine as defined in

6 sections 610 and 617 of the Revenue Act of 1918

7 and other alcoholic beverages made in the manner of

8 wine, including sparkling and carbonated wine, wine

9 made from condensed grape must, wine made from

10 other agricultural products than the juice of sound,

11 ripe grapes, imitation wine, wine compounds sold as

12 wine, vermouth, cider, sherry, and sake if it contains

13 not less than 7 percent and not more than 24 per14 cent of alcohol by volume and if for nonindustrial

15 use.

16 ‘‘(C) The term ‘distilled spirit’ means ethyl al17 cohol, hydrated oxide of ethyl, spirits of wine, whis18 ky, rum, brandy, gin, and other distilled spirits, in19 cluding all dilutions and mixtures thereof for

20 nonindustrial use. Such term does not include mix21 tures containing wine, bottled at 48 degrees of proof

22 or less if the mixture contains more than 50 percent

23 wine on a proof gallon basis.
4

•HR 3115 IH

1 ‘‘(D) The term ‘drink’ is a serving of a malt

2 beverage, wine, or distilled spirit which contains .6

3 ounces of alcohol by volume.

4 ‘‘(E) The term ‘ingredient’ shall not mean inci5 dental or trace ingredients.

6 ‘‘(3) The Secretary shall by regulation require that

7 the information required on a container of a malt bev8 erage, wine, or distilled spirit label by subparagraph (1)—

9 ‘‘(A) be located in a conspicuous place on such

10 label,

11 ‘‘(B) appear in conspicuous and legible type

12 which is in contrast by typography, layout, and color

13 with other printed matter and which is of a size no

14 less than one-sixteenth of an inch in height,

15 ‘‘(C) be displayed horizontally,

16 ‘‘(D) be easily legible when the container is held

17 in the usual way,

18 ‘‘(E) be offset by borders, and

19 ‘‘(F) in the case of the requirement of subpara20 graph (1)(B), be stated as a number followed by the

21 word ‘drinks’, be contained within a beer mug sym22 bol, and be placed on the front of the container.’’.

23 SEC. 3. AUTHORIZATION.

24 There is authorized to be appropriated to the Sec25 retary $500,000 for fiscal year 1996 and each succeeding
5

•HR 3115 IH

1 fiscal year to establish and operate the toll-free number

2 referred to in section 403(s)(1)(E) of the Federal Food,

3 Drug, and Cosmetic Act (as added by section 1).

4 SEC. 4. REPORT.

5 The Commissioner of the Food and Drug Administra6 tion shall submit a report, within 90 days of the date of

7 the enactment of this Act, on the effectiveness of the for8 mat of the Surgeon General’s warning required by section

9 204 of the Alcoholic Beverage Labeling Act of 1988 in

10 combination with the new ingredient information required

11 on beverage labels by the amendment made by section 2.

12 The Commissioner shall evaluate the format of such infor13 mation in terms of its legibility, placement, and

14 noticeability and in terms of other relevant characteristics.

15 The report shall make recommendations for improving

16 such format.

Æ