Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Proposed Rules 67669 

Alcohol and Tobacco Tax and Trade 

Bureau, P.O. Box 14412, Washington, 

DC 20044–4412. 

• Hand Delivery/Courier: You may 

hand-carry your comments or have them 

hand-carried to the Alcohol and 

Tobacco Tax and Trade Bureau, 1310 G 

Street, NW., Suite 200–E, Washington, 

DC 20005. 

Please submit your comments by the 

closing date shown above in this notice. 

Your comments must reference Notice 

No. 109 and include your name and 

mailing address. Your comments also 

must be made in English, be legible, and 

be written in language acceptable for 

public disclosure. We do not 

acknowledge receipt of comments, and 

we consider all comments as originals. 

If you are commenting on behalf of an 

association, business, or other entity, 

your comment must include the entity’s 

name as well as your name and position 

title. If you comment via 

Regulations.gov, please enter the 

entity’s name in the ‘‘Organization’’ 

blank of the online comment form. If 

you comment via postal mail, please 

submit your entity’s comment on 

letterhead. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine whether to hold a public 

hearing. 

C. Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

D. Public Disclosure 

On the Federal e-rulemaking portal, 

Regulations.gov, we will post, and the 

public may view, copies of this notice 

and any electronic or mailed comments 

we receive about it. A direct link to the 

Regulations.gov docket containing this 

notice and the posted comments 

received on it is available on the TTB 

Web site at http://www.ttb.gov/wine/ 

wine-rulemaking.shtml under Notice 

No. 109. You may also reach the docket 

containing this notice and its related 

comments through the Regulations.gov 

search page at http:// 

www.regulations.gov. 

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including e-mail addresses. 

We may omit voluminous attachments 

or material that we consider unsuitable 

for posting. 

You and other members of the public 

may view copies of this notice and any 

electronic or mailed comments we 

receive on it by appointment at the TTB 

Information Resource Center, 1310 G 

Street, NW., Washington, DC 20220. 

You may also obtain copies at 20 cents 

per 8.5- x 11-inch page. Contact our 

information specialist at the above 

address or by telephone at 202–453– 

2270 to schedule an appointment or to 

request copies of comments or other 

materials. 

IV. Drafting Information 

Lisa M. Gesser and Joanne C. Brady of 

the Regulations and Rulings Division 

drafted this notice. 

Signed: May 13, 2010. 

John J. Manfreda, 

Administrator. 

Approved: June 22, 2010. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2010–27737 Filed 11–2–10; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 4, 5, and 7 

[Docket No. TTB–2010–0008; Notice No. 

111] 

RIN 1513–AB79 

Disclosure of Cochineal Extract and 

Carmine in the Labeling of Wines, 

Distilled Spirits, and Malt Beverages 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau is proposing to revise 

its regulations to require the disclosure 

of the presence of cochineal extract and 

carmine on the labels of any alcohol 

beverage product containing one or both 

of these color additives. This proposed 

rule responds to a recent final rule 

issued by the Food and Drug 

Administration as well as reports of 

severe allergic reaction, including 

anaphylaxis, to cochineal extract and 

carmine-containing foods. This proposal 

would allow consumers who are allergic 

to cochineal extract or carmine to 

identify and thus avoid alcohol beverage 

products that contain these color 

additives. 

DATES: Comments must be received on 

or before January 3, 2011. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

• http://www.regulations.gov: Use the 

online comment form for this notice as 

posted within Docket No. TTB–2010– 

0008 at ‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal, to submit 

comments via the Internet; 

• Mail: Director, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412; or 

• Hand Delivery/Courier in Lieu of 

Mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street, NW., Suite 

200–E, Washington, DC 20005. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice 

and any comments we receive about it 

within Docket No. TTB–2010–0008 at 

http://www.regulations.gov. A direct 

link to this docket is posted under 

Notice No. 111 on the TTB Web site at 

http://www.ttb.gov/regulations_laws/ 

all_rulemaking.shtml. You also may 

view copies of this notice and the 

comments we receive about it by 

appointment at the TTB Information 

Resource Center, 1310 G Street, NW., 

Washington, DC 20220. Please call 202– 

453–2270 to make an appointment. 

FOR FURTHER INFORMATION CONTACT: Lisa 

M. Gesser, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, P.O. Box 128, Morganza, 

MD 20660; telephone (301) 290–1460; or 

Joanne C. Brady, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, P.O. Box 45797, 

Philadelphia, PA 19149; telephone (215) 

333–7050. 

SUPPLEMENTARY INFORMATION: 

I. TTB’s Authority To Prescribe Alcohol 

Beverage Labeling Regulations 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), codified 

at 27 U.S.C. 205(e), sets forth standards 

for regulation of the labeling of wine 

(containing at least 7 percent alcohol by 

volume), distilled spirits, and malt 

beverages, generally referred to as 

‘‘alcohol beverage products’’ throughout 

this notice. This section gives the 

Secretary of the Treasury the authority 

to issue regulations to prevent deception 

of the consumer, to provide the 

consumer with ‘‘adequate information’’ 

as to the identity and quality of the 

product, to prohibit false or misleading 

statements, and to provide information 

as to the alcohol content of the product. 

Section 105(e) of the FAA Act also 


srobinson on DSKHWCL6B1PROD with PROPOSALS
67670 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Proposed Rules 

requires that a person obtain a 

certificate of label approval for all 

distilled spirits, wine, or malt beverages 

introduced into interstate or foreign 

commerce before bottling the product or 

removing the product from customs 

custody, in accordance with regulations 

prescribed by the Secretary. 

The labeling provisions of the FAA 

Act also give the Secretary the authority 

to prohibit, irrespective of falsity, 

statements relating to age, 

manufacturing processes, analyses, 

guarantees, and scientific or irrelevant 

matters that are likely to mislead the 

consumer. In the case of malt beverages, 

the labeling provisions of the FAA Act 

apply only if the laws of the State into 

which the malt beverages are to be 

shipped impose similar requirements. 

TTB is responsible for the 

administration of the FAA Act and the 

regulations promulgated under it. 

II. Background on Cochineal Extract 

and Carmine 

Cochineal extract is an insect-derived 

color additive that is permitted for use 

in foods, including alcohol beverage 

products, and drugs in the United 

States. The related color additive 

carmine is permitted for use in foods, 

including alcohol beverage products, 

drugs, and cosmetics. The Food and 

Drug Administration (FDA) has listed 

these color additives, and conditions for 

their safe use in foods, in § 73.100 of 

title 21 of the Code of Federal 

Regulations (21 CFR 73.100). 

On January 30, 2006, FDA published 

a proposed rule in the Federal Register 

(71 FR 4839) to amend its requirements 

for cochineal extract and carmine by 

requiring their declaration on the labels 

of all food and cosmetic products that 

contain these color additives. More 

specifically, for food products, FDA 

proposed to amend the color additive 

regulations that permit the use of 

cochineal extract or carmine in foods 

(21 CFR 73.100) by adding a new 

requirement that all foods which 

contain cochineal extract or carmine 

specifically declare that fact in the 

ingredient statement of the food label by 

using its respective common or usual 

name, ‘‘cochineal extract’’ or ‘‘carmine.’’ 

FDA explained that the proposal was 

issued in response to reports of severe 

allergic reactions, including 

anaphylaxis, to cochineal extract and 

carmine-containing foods and 

cosmetics. The proposal was also in 

response to a 1998 citizen petition from 

the Center for Science in the Public 

Interest, which asked the FDA to take 

action to protect consumers who are 

allergic to cochineal extract and 

carmine. 

The preamble to FDA’s proposed rule 

describes, in detail, several instances 

and studies in which allergic reactions 

occurred. One of the referenced articles 

described allergic reactions (including 

anaphylaxis) experienced by five 

patients after ingesting the alcohol 

beverage product Campari, which, 

according to FDA’s preamble, contained 

carmine. All five patients were women; 

three had a history of allergic 

respiratory disease, one had only nonclinical sensitivity to mugwort, and one 

was nonatopic (had no history of 

allergy). The time period between 

ingestion and onset of allergic reaction 

was given for four patients and varied 

from 15 minutes to 30 minutes. Two of 

the five patients reportedly experienced 

‘‘severe’’ anaphylactic reactions. Of these 

two, one required hospitalization while 

the other was treated with inhalers and 

intravenous antihistamine. The 

remaining three experienced 

angioedema (tissue swelling). See 71 FR 

4842. 

The preamble to FDA’s proposed rule 

further explains as follows: ‘‘Allergic 

reactions to cochineal extract and/or 

carmine in a variety of foods (grapefruit 

juice, the alcohol beverage Campari, a 

popsicle, candy, yogurt, and artificial 

crabmeat) and [certain] cosmetics * * * 

have been reported in scientific and 

medical literature since 1961.’’ 71 FR 

4839–4840. Since 1994, FDA has 

received 11 adverse event reports of 

allergic reactions, including 

anaphylaxis, experienced by individuals 

after eating food or drinking a beverage 

containing cochineal extract or carmine, 

or using cosmetics colored with 

carmine. 

FDA solicited comments from all 

interested parties in response to their 

proposal to require the listing of these 

color additives. As a result, FDA 

received a total of 159 responses. 

On January 5, 2009, FDA published a 

final rule in the Federal Register (74 FR 

207) which addressed the comments 

submitted and finalized the regulatory 

changes as proposed by adding a new 

requirement that all foods containing 

cochineal extract or carmine specifically 

declare that fact in the ingredient 

statement of the food label by using its 

respective common or usual name, 

‘‘cochineal extract’’ or ‘‘carmine.’’ The 

final rule takes effect on January 5, 

2011. 

In light of FDA’s official recognition 

of evidence linking the presence of 

cochineal extract and carmine in foods 

and beverages to a health risk for a small 

percentage of consumers, TTB believes 

that it is appropriate to require the 

disclosure of cochineal extract and 

carmine on the labels of the alcohol 

beverage products that it regulates. 

While TTB believes that the use of these 

color additives in the manufacture of 

alcohol beverage products is relatively 

rare, at least one such alcohol product 

contained the color additive carmine, as 

evidenced by the FDA’s rulemaking 

record. 

We also note that similar action has 

been taken in the past. On October 6, 

1983, TTB’s predecessor agency, the 

Bureau of Alcohol Tobacco and 

Firearms (ATF) published a final rule 

(T.D. ATF–150, 48 FR 45549), 

rescinding the ingredient labeling 

regulations for alcohol beverage 

products. However, mandatory label 

disclosure was required for alcoholic 

beverages containing the color additive 

FD&C Yellow No. 5. The Bureau found, 

as a result of its rulemaking effort, that 

there was evidence establishing that 

consumers of the few alcohol beverage 

products containing that color additive 

could have adverse reactions to the 

ingredient. Pursuant to T.D. ATF–150, 

the Bureau specifically stated that it 

‘‘will look at the necessity of mandatory 

labeling of other ingredients on a caseby-case basis through its own 

rulemaking initiative, or on the basis of 

petitions for rulemaking under 5 U.S.C. 

553(e) and 27 CFR 71.41(c).’’ 

In that regard, ATF published a final 

rule in the Federal Register requiring 

mandatory label disclosure of saccharin 

for alcoholic beverages containing that 

artificial sweetener (T.D. ATF–220; 

December 20, 1985, 50 FR 51851), 

which was subsequently removed as a 

requirement by TTB in 2004 (T.D. TTB– 

12; June 16, 2004, 69 FR 33572). ATF 

also published a final rule requiring 

label disclosure of sulfites when present 

in alcoholic beverages at a level of ten 

or more parts per million (T.D. ATF– 

236; September 30, 1986, 51 FR 34706). 

In determining whether there is a 

need to require label disclosure of 

specific ingredients in alcoholic 

beverages, ATF traditionally utilized the 

expertise of the Food and Drug 

Administration (FDA). In 1987, FDA 

and ATF entered into a memorandum of 

understanding (52 FR 45502, November 

30, 1987), to clarify the enforcement 

responsibilities of each agency with 

respect to alcohol beverages. ATF 

agreed that ‘‘when FDA has determined 

that the presence of an ingredient in 

food products, including alcoholic 

beverages, poses a recognized public 

health problem, and that the ingredient 

or substance must be identified on a 

food product label, ATF would initiate 

rulemaking proceedings to promulgate 

labeling regulations for alcoholic 

beverages consistent with ATF’s health 

policy with respect to alcoholic 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Proposed Rules 67671 

beverages.’’ TTB operates under the 

same memorandum of understanding 

with FDA. 

Accordingly, TTB proposes to amend 

the TTB regulations to require that each 

alcohol beverage product containing the 

color additive cochineal extract or 

carmine disclose that information on the 

product’s label. 

III. Format and Placement of Disclosure 

TTB proposes that all alcohol 

beverage products that contain the color 

additive cochineal extract or carmine 

must declare the presence of the 

additive on the brand label or on a back 

label, prominently and conspicuously, 

using its respective common or usual 

name ‘‘cochineal extract’’ or ‘‘carmine’’. 

(For example: ‘‘Contains: Cochineal 

Extract’’ or ‘‘Contains carmine as a color 

additive.’’). 

IV. Implementation Date 

TTB believes that this proposed new 

regulatory requirement will require 

revisions to the labels of very few 

alcohol beverage products. Accordingly, 

TTB proposes an implementation date 

of 90 days after the date the final rule 

is published in the Federal Register. 

Upon implementation of the final rule, 

the label of an alcohol beverage product 

subject to the requirement for disclosure 

of cochineal extract and carmine would 

have to bear the mandatory statement at 

the time of its removal from bond or 

from customs custody in bottles. TTB 

seeks comments from affected industry 

members as to whether 90 days is a 

sufficient amount of time to incorporate 

these changes. 

V. Public Participation 

A. Comments Invited 

We invite comments from interested 

members of the public on this proposed 

rulemaking. 

B. Submitting Comments 

You may submit comments on this 

notice by using one of the following 

three methods: 

• Federal e-Rulemaking Portal: You 

may send comments via the online 

comment form linked to this notice in 

Docket No. TTB–2010–0008 on 

‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal, at http:// 

www.regulations.gov. Direct links to the 

comment form and docket are available 

under Notice No. 111 on the TTB Web 

site at http://www.ttb.gov/ 

regulations_laws/all_rulemaking.shtml. 

Supplemental files may be attached to 

comments submitted via 

Regulations.gov. For information on 

how to use Regulations.gov, click on the 

site’s Help or FAQ tabs. 

• U.S. Mail: You may send comments 

via postal mail to the Director, 

Regulations and Rulings Division, 

Alcohol and Tobacco Tax and Trade 

Bureau, P.O. Box 14412, Washington, 

DC 20044–4412. 

• Hand Delivery/Courier: You may 

hand-carry your comments or have them 

hand-carried to the Alcohol and 

Tobacco Tax and Trade Bureau, 1310 G 

Street, NW., Suite 200–E, Washington, 

DC 20005. 

Please submit your comments by the 

closing date shown above in this notice. 

Your comments must reference Notice 

No. 111 and include your name and 

mailing address. Your comments also 

must be made in English, be legible, and 

be written in language acceptable for 

public disclosure. We do not 

acknowledge receipt of comments, and 

we consider all comments as originals. 

If you are commenting on behalf of an 

association, business, or other entity, 

your comment must include the entity’s 

name as well as your name and position 

title. If you comment via 

Regulations.gov, please include the 

entity’s name in the ‘‘Organization’’ 

blank of the comment form. If you 

comment via postal mail, please submit 

your entity’s comment on letterhead. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine whether to hold a public 

hearing. 

C. Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

that is inappropriate for public 

disclosure. 

D. Public Disclosure 

On the Federal e-rulemaking portal, 

Regulations.gov, we will post, and the 

public may view, copies of this notice, 

selected supporting materials, and any 

electronic or mailed comments we 

receive about this proposal. A direct 

link to the Regulations.gov docket 

containing this notice and the posted 

comments received on it is available on 

the TTB Web site at http://www.ttb.gov/ 

regulations_laws/all_rulemaking.shtml 

under Notice No. 111. You may also 

reach the docket containing this notice 

and the posted comments received on it 

through the Regulations.gov search page 

at http://www.regulations.gov. 

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including e-mail addresses. 

We may omit voluminous attachments 

or material that we consider unsuitable 

for posting. 

You and other members of the public 

may view copies of this notice, all 

related petitions, maps and other 

supporting materials, and any electronic 

or mailed comments we receive about 

this proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street, NW., Washington, DC 20220. 

You may also obtain copies at 20 cents 

per 8.5- x 11-inch page. Contact our 

information specialist at the above 

address or by telephone at 202–453– 

2270 to schedule an appointment or to 

request copies of comments or other 

materials. 

VI. Regulatory Analysis and Notices 

A. Regulatory Flexibility Act 

We certify under the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) that this proposed rule, if 

adopted, would not have a significant 

economic impact on a substantial 

number of small entities. We believe 

that the proposed rule, if adopted, will 

not impose, or otherwise cause, a 

significant increase in reporting, 

recordkeeping, or other compliance 

burdens on a substantial number of 

small entities as very few alcohol 

beverages are made using cochineal 

extract or carmine as color additives. 

We specifically solicit comments on the 

number of small producers, bottlers, and 

importers of alcohol beverages that may 

be affected by this proposed rule and 

the impact of this rule on those small 

businesses. We ask any small business 

that believes that it would be 

significantly affected by this proposed 

rule to submit a comment and explain 

how the rule would affect it. 

B. Executive Order 12866 

We have determined that this 

proposed rule is not a significant 

regulatory action as defined in 

Executive Order 12866. Therefore, a 

regulatory assessment is not required. 

C. Paperwork Reduction Act 

The revisions to collections of 

information contained in this notice of 

proposed rulemaking have been 

submitted to the Office of Management 

and Budget (OMB) for review in 

accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)). Comments on the collection of 

information may be sent by e-mail to 

Shagufta_Ahmed@omb.eop.gov or by 

postal mail to Shagufta Ahmed, Office 

of Management and Budget, Attention: 

Desk Officer for the Department of the 


srobinson on DSKHWCL6B1PROD with PROPOSALS
67672 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Proposed Rules 

Treasury, Office of Information and 

Regulatory Affairs, Room 10235, 

Washington, DC 20503. A copy should 

also be sent to the Alcohol and Tobacco 

Tax and Trade Bureau by any of the 

methods previously described. Because 

OMB must complete its review of the 

collection of information between 30 

and 60 days after publication, comments 

on the information collection should be 

submitted not later than December 3, 

2010. Comments are specifically 

requested concerning: 

• Whether the proposed collections of 

information are necessary for the proper 

performance of the functions of the 

Alcohol and Tobacco Tax and Trade 

Bureau, including whether the 

information will have practical utility; 

• The accuracy of the estimated 

burden associated with the proposed 

revision of the collection of information 

(see below); 

• How to enhance the quality, utility, 

and clarity of the information to be 

collected; 

• How to minimize the burden of 

complying with the proposed revision 

of the collection of information, 

including the application of automated 

collection techniques or other forms of 

information technology; and 

• Estimates of capital or start-up costs 

and costs of operation, maintenance, 

and purchase of services to provide 

information. 

The collection of information in this 

proposed regulation is in 27 CFR 

Sections 4.32, 5.32, and 7.22, and 

involves mandatory disclosures of 

information on labels. This information 

is required to prevent deception of the 

consumer and to provide the consumer 

with adequate information as to the 

identity and quality of the alcohol 

beverage product. The likely 

respondents are businesses or other forprofit institutions, including 

partnerships, associations, and 

corporations. 

This information constitutes only a 

portion of the labeling information on 

alcohol beverages required under 

authority of the Federal Alcohol 

Administration Act (FAA Act). OMB 

has previously approved a collection of 

information for Labeling and 

Advertising Requirements Under the 

FAA Act, under control number 1513– 

0087. The current burdens of this 

existing collection are: 

• Estimated Number of Respondents: 

7,071. 

• Estimated Total Annual Burden 

Hours: 7,071. 

Because the proposed disclosure 

required under this regulation would 

affect an extremely small number of 

respondents, the burden estimate 

associated with this collection of 

information, in light of the collective 

burden, is minimal and is expected to 

contribute only a negligible additional 

burden beyond that already accounted 

for under control number 1513–0087. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by OMB. 

VII. Drafting Information 

The principal authors of this 

document are Lisa M. Gesser and Joanne 

C. Brady, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau. 

List of Subjects 

27 CFR Part 4 

Administrative practice and 

procedure, Advertising, Customs duties 

and inspection, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements, Trade 

practices, Wine. 

27 CFR Part 5 

Administrative practice and 

procedure, Advertising, Customs duties 

and inspection, Distilled spirits, 

Imports, Labeling, Packaging and 

containers, Reporting and recordkeeping 

requirements, Trade practices. 

27 CFR Part 7 

Administrative practice and 

procedure, Advertising, Customs duties 

and inspection, Imports, Labeling, Malt 

beverages, Reporting and recordkeeping 

requirements, Trade practices. 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR, chapter 1, parts 4, 5, and 7, as set 

forth below: 

PART 4—LABELING AND 

ADVERTISING OF WINE 

1. The authority citation for 27 CFR 

part 4 continues to read as follows: 

Authority: 27 U.S.C. 205, unless otherwise 

noted. 

2. In § 4.32, paragraph (d) is added to 

read as follows: 

§ 4.32 Mandatory label information. 

* * * * * 

(d) Declaration of cochineal extract or 

carmine. There shall be stated on the 

brand label or on a back label a 

statement that the product contains the 

color additive cochineal extract or 

carmine, prominently and 

conspicuously, using its respective 

common or usual name ‘‘cochineal 

extract’’ or ‘‘carmine,’’ where that 

coloring material is used in a product 

removed on or after February 1, 2011. 

(For example: ‘‘Contains: Cochineal 

Extract’’ or ‘‘Contains carmine as a color 

additive’’ or, if applicable, ‘‘Contains: 

Cochineal Extract and Carmine.’’). 

* * * * * 

PART 5—LABELING AND 

ADVERTISING OF DISTILLED SPIRITS 

3. The authority citation for 27 CFR 

part 5 continues to read as follows: 

Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 

205. 

4. In § 5.32, paragraph (b)(6) is added 

to read as follows: 

§ 5.32 Mandatory label information. 

* * * * * 

(b) * * * 

(6) A statement that the product 

contains the color additive cochineal 

extract or carmine, prominently and 

conspicuously, using its respective 

common or usual name ‘‘cochineal 

extract’’ or ‘‘carmine,’’ where that 

coloring material is used in a product 

removed on or after February 1, 2011. 

(For example: ‘‘Contains: Cochineal 

Extract’’ or ‘‘Contains carmine as a color 

additive’’ or, if applicable, ‘‘Contains: 

Cochineal Extract and Carmine.’’). 

* * * * * 

PART 7—LABELING AND 

ADVERTISING OF MALT BEVERAGES 

5. The authority citation for 27 CFR 

part 7 continues to read as follows: 

Authority: 27 U.S.C. 205. 

6. In § 7.22, paragraph (b)(8) is added 

to read as follows: 

§ 7.22 Mandatory label information. 

* * * * * 

(b) * * * 

(8) A statement that the product 

contains the color additive cochineal 

extract or carmine, prominently and 

conspicuously, using its respective 

common or usual name ‘‘cochineal 

extract’’ or ‘‘carmine,’’ where that 

coloring material is used in a product 

removed on or after February 1, 2011. 

(For example: ‘‘Contains: Cochineal 

Extract’’ or ‘‘Contains carmine as a color 

additive’’ or, if applicable, ‘‘Contains: 

Cochineal Extract and Carmine.’’). 

Signed: August 24, 2010. 

John J. Manfreda, 

Administrator. 

Approved: August 30, 2010. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2010–27733 Filed 11–2–10; 8:45 am] 

BILLING CODE 4810–31–P 


srobinson on DSKHWCL6B1PROD with PROPOSALS