I

103D CONGRESS

1ST SESSION H. R. 1420

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 18, 1993

Mrs. SCHROEDER (for herself, Mr. DELLUMS, Mr. BACCHUS of Florida, Mr.

DE LUGO, Mr. KENNEDY, Mr. JOHNSON of South Dakota, Ms. MCKINNEY, Mr. SERRANO, Mr. HUTTO, Mr. ACKERMAN, and Mr. MARKEY) introduced the following bill; which was referred to the Committee on Energy and 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 1993’’.
2

•HR 1420 IH

1 SEC. 2. LABELING.

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

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

4 following:

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

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

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

8 any other beverage, over-the-counter medication, or similar product containing more than 1 9 ⁄2 percent alcohol by

10 volume unless it bears a label which—

11 ‘‘(A) discloses in a non promotional manner the

12 alcoholic content by volume,

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

14 rounded to the nearest quarter drink,

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

16 container and per drink,

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

18 each ingredient (including additives), and

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

20 someone you know has a drinking problem, a call

21 may be made to (reference to a toll-free number es22 tablished and operated by the Secretary) for help’.

23 ‘‘(2) For purposes of paragraph (1):

24 ‘‘(A) The term ‘malt beverage’ means a bev25 erage made by the alcoholic fermentation of an infu26 sion or decoction, or combination of both, in potable
3

•HR 1420 IH

1 brewing water of malted barley with hops, or their

2 parts or products, with or without other malted cere3 als, with or without the addition of unmalted or pre4 pared cereals, other carbohydrates, or materials pre5 pared, with or without the addition of carbon diox6 ide, and with or without other wholesome products

7 suitable for human food consumption.

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

9 sections 610 and 617 of the Revenue Act of 1918

10 and other alcoholic beverages made in the manner of

11 wine, including sparkling and carbonated wine, wine

12 made from condensed grape must, wine made from

13 other agricultural products than the juice of sound,

14 ripe grapes, imitation wine, wine compounds sold as

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

16 not less than 7 percent and not more than 24 per17 cent of alcohol by volume and if for nonindustrial

18 use.

19 ‘‘(C) The term ‘distilled spirit’ means ethyl al20 cohol, hydrated oxide of ethyl, spirits of wine, whis21 ky, rum, brandy, gin, and other distilled spirits, in22 cluding all dilutions and mixtures thereof for

23 nonindustrial use. Such term does not include mix24 tures containing wine, bottled at 48 degrees of proof
4

•HR 1420 IH

1 or less if the mixture contains more than 50 percent

2 wine on a proof gallon basis.

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

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

5 ounces of alcohol by volume.

6 ‘‘(E) The term ‘ingredient’ shall not mean inci7 dental or trace ingredients.

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

9 the information required on a container of a malt bev10 erage, wine, or distilled spirit label by subparagraph (1)—

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

12 label,

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

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

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

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

17 ‘‘(C) be displayed horizontally,

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

19 in the usual way,

20 ‘‘(E) be offset by borders, and

21 ‘‘(F) in the case of the requirement of subpara22 graph (1)(B), be stated as a number followed by the

23 word ‘drinks’, be contained within a beer mug sym24 bol, and be placed on the front of the container.’’.
5

•HR 1420 IH

1 SEC. 3. AUTHORIZATION.

2 There is authorized to be appropriated to the Sec3 retary $500,000 for fiscal year 1994 and each succeeding

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

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

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

7 SEC. 4. REPORT.

8 The Commissioner of the Food and Drug Administra9 tion shall submit a report, within 90 days of the date of

10 the enactment of this Act, on the effectiveness of the for11 mat of the Surgeon General’s warning required by section

12 204 of the Alcoholic Beverage Labeling Act of 1988 in

13 combination with the new ingredient information required

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

15 The Commissioner shall evaluate the format of such infor16 mation in terms of its legibility, placement, and

17 noticeability and in terms of other relevant characteristics.

18 The report shall make recommendations for improving

19 such format.

Æ