67666 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Proposed Rules 

Packaging and containers, Reporting 

and recordkeeping requirements, Trade 

practices, Wine. 

Proposed Amendments to the 

Regulations 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR part 4, Labeling and Advertising of 

Wine, 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. Section 4.25 is amended: 

a. By revising paragraph (a)(2), the 

introductory text of paragraph (b)(2), 

and paragraph (d); and 

b. In paragraph (e)(1)(ii), by removing 

the words ‘‘(other than an appellation 

defined in paragraph (a)(2)(i) or 

(a)(2)(ii))’’ and adding, in their place, the 

words ‘‘(other than an appellation 

defined in paragraph (a)(2)(i), (a)(2)(ii), 

or (a)(2)(iii))’’. 

The revisions read as follows: 

§ 4.25 Appellations of origin. 

(a) * * * 

(2) Imported wine. An appellation of 

origin for imported wine is: 

(i) A country; 

(ii) A state, province, territory, or 

similar political subdivision of a 

country equivalent to a State or county; 

(iii) Two or no more than three states, 

provinces, territories, or similar political 

subdivisions of a country equivalent to 

a State which are all contiguous; or 

(iv) A viticultural area (as defined in 

paragraph (e) of this section). 

(b) * * * 

(2) Imported wine. An imported wine 

is entitled to an appellation of origin 

other than a multistate appellation, or a 

viticultural area, if: 

* * * * * 

(d) Multistate appellations. (1) 

American wine. An appellation of origin 

comprising two or no more than three 

States which are all contiguous may be 

used, if: 

(i) All of the fruit or other agricultural 

products were grown in the States 

indicated, and the percentage of the 

wine derived from fruit or other 

agricultural products grown in each 

State is shown on the label with a 

tolerance of plus or minus 2 percent; 

(ii) The wine has been fully finished 

(except for cellar treatment pursuant to 

§ 4.22(c), and blending that does not 

result in an alteration of class or type 

under § 4.22(b)) in one of the labeled 

appellation States; and 

(iii) The wine conforms to the laws 

and regulations governing the 

composition, method of manufacture, 

and designation of wines in all of the 

States listed in the appellation. 

(2) Imported wine. An appellation of 

origin comprising two or no more than 

three states, provinces, territories, or 

similar political subdivisions of a 

country equivalent to a State which are 

all contiguous may be used if: 

(i) All of the fruit or other agricultural 

products were grown in the states, 

provinces, territories, or similar political 

subdivisions of a country equivalent to 

a State indicated, and the percentage of 

the wine derived from fruit or other 

agricultural products grown in each 

state, province, territory, or political 

subdivision equivalent to a State is 

shown on the label with a tolerance of 

plus or minus 2 percent; and 

(ii) The wine conforms to the 

requirements of the foreign laws and 

regulations governing the composition, 

method of production, and designation 

of wines available for consumption 

within the country of origin. 

* * * * * 

Signed: June 2, 2010. 

John J. Manfreda, 

Administrator. 

Approved: June 30, 2010. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2010–27736 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 Part 4 

[Docket No. TTB–2010–0006; Notice No. 

109] 

RIN 1513–AB24 

Use of Various Winemaking Terms on 

Wine Labels and in Advertisements; 

Request for Public Comment 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau (TTB), Treasury. 

ACTION: Advance notice of proposed 

rulemaking; solicitation of comments. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau is considering 

amending the regulations concerning 

various winemaking terms commonly 

used on labels and in advertisements to 

provide consumers with information 

about the growing or bottling conditions 

of wine. We invite comments from 

industry members, consumers, and 

other interested parties as to whether 

and to what extent we should propose 

specific regulatory amendments for 

further public comment. 

DATES: We must receive written 

comments on or before January 3, 2011. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

• http://www.regulations.gov (via the 

online comment form for this notice as 

posted within Docket No. TTB–2010– 

0006 at ‘‘Regulations.gov,’’ the Federal erulemaking portal); 

• 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–2010–0006 at 

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

link to this docket is posted on the TTB 

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

wine-rulemaking.shtml under Notice 

No. 109. 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; (301) 290–1460. 

SUPPLEMENTARY INFORMATION: 

I. Authority To Prescribe Labeling and 

Advertising Regulations for Wine 

Sections 105(e) and 105(f) of the 

Federal Alcohol Administration Act 

(FAA Act), codified in the United States 

Code at 27 U.S.C. 205(e) and 205(f), set 

forth standards for the regulation of the 

labeling and advertising of alcohol 

beverage products, including wine, as 

that term is defined in 27 U.S.C. 211. 

These provisions give the Secretary of 

the Treasury the authority to issue 

regulations to prevent deception of the 

consumer with respect to such products, 

to provide the consumer with ‘‘adequate 

information’’ as to the identity and 

quality of the product, and to prohibit 

false or misleading statements. 

Additionally, these FAA Act provisions 

give the Secretary the authority to 


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prohibit, irrespective of falsity, 

statements relating to age, 

manufacturing processes, analyses, 

guarantees, and scientific or irrelevant 

matters which are likely to mislead the 

consumer. 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) is responsible for 

the administration of the FAA Act and 

the regulations promulgated under it. 

The labeling and advertising regulations 

for wine are codified in title 27 of the 

Code of Federal Regulations (CFR), parts 

4, 9, 12, 13, and 16. 

II. The Current Regulations, the Use of 

Various Winemaking Terms on Labels 

and in Advertisements, and Request for 

Comments 

A. Background 

The TTB wine labeling and 

advertising regulations provide, among 

other things, definitions of various 

winemaking terms or usages that are 

indicative of specific processes used in 

the production of wine. When used on 

labels and in advertisements, these 

terms help consumers better identify the 

products they purchase by providing 

meaningful information about those 

products. 

One of the terms defined by the 

regulations for use on wine labels is 

‘‘Estate bottled.’’ Section 4.26(a) of the 

TTB regulations (27 CFR 4.26(a)) 

provides that the term ‘‘Estate bottled’’ 

may be used by a bottling winery on a 

wine label only if the wine is labeled 

with a viticultural area appellation of 

origin and the bottling winery: 

• Is located in the labeled viticultural 

area; 

• Grew all of the grapes used to make 

the wine on land owned or controlled 

by the winery within the boundaries of 

the labeled viticultural area; and 

• Crushed the grapes, fermented the 

resulting must, and finished, aged, and 

bottled the wine in a continuous process 

(the wine at no time having left the 

premises of the bottling winery). 

In addition to prescribing mandatory 

label information and permitting 

bottlers to label their products with 

specifically defined terms, such as 

‘‘Estate bottled,’’ the TTB regulations in 

§ 4.38(f) (27 CFR 4.38(f)) permit bottlers 

to label their wine with additional 

information, provided that the 

information is truthful, accurate, 

specific, not disparaging, and not 

misleading, and does not conflict with, 

nor in any manner qualify, statements 

required by the regulations. When 

bottlers provide such additional 

information on their labels, TTB relies 

on the general meaning of any terms 

used and approves their use if TTB 

finds that the information is unlikely to 

mislead the consumer with respect to 

the products in question. Further, when 

a producer, bottler, or importer applies 

for a Certificate of Label Approval 

(COLA) on TTB Form 5100.31, that 

person signs a certification, under 

penalties of perjury, that ‘‘the 

representations on the labels * * * truly 

and correctly represent the content of 

the containers to which these labels will 

be applied.’’ A wine that does not match 

the label description is not entitled to 

bear that label. 

This advance notice addresses several 

winemaking terms for which the current 

regulations provide no definition. TTB 

has approved these terms for use on 

wine labels when they met the 

requirements of § 4.38(f). If TTB were to 

adopt new regulations governing the use 

of these terms, any previously approved 

non-compliant labels may be revoked by 

operation of the TTB regulations under 

27 CFR part 13, subpart E. 

Accordingly, as explained below, TTB 

is soliciting preliminary comments from 

industry members, consumers, and 

other interested parties on a number of 

issues involving the use of specific 

terms on labels and in advertisements, 

including the possible effect that any 

regulatory changes might have on 

approved labels, in order to assist TTB 

in determining whether to propose 

specific regulatory amendments for 

further public comment procedures. 

Any regulatory changes concerning 

wine labeling would similarly affect 

wine advertising pursuant to the 

provisions of 27 CFR 4.64, which 

prohibits statements that are false or 

untrue in any material particular or that 

are likely to mislead the consumer, and 

which provides certain other links to 

various labeling regulations through 27 

CFR 4.64. Therefore, TTB is also 

soliciting preliminary comments on the 

use of such terms in advertisements. 

B. Estate(s), Estate Grown, and Other 

Similar Terms 

The terms ‘‘Estate’’ and ‘‘Estates’’ 

without any reference to ‘‘Estate bottled’’ 

have been used on labels of wine for 

many years. While the TTB regulations 

specifically address the use of the 

designation ‘‘Estate bottled’’ as indicated 

above, the regulations do not address or 

define the word ‘‘Estate’’ or ‘‘Estates’’ 

when used alone or with additional 

words other than ‘‘Estate bottled.’’ In 

conjunction with the requirements in 

§ 4.26(a), § 4.26(d) provides that no term 

other than ‘‘Estate bottled’’ may be used 

on a label to indicate combined growing 

and bottling conditions. Additionally, 

§ 4.39(a)(8) of the TTB regulations (27 

CFR 4.39(a)(8)) prohibits a label from 

containing: 

Any coined word or name in the brand 

name or class and type designation which 

simulates, imitates, or which tends to create 

the impression that the wine so labeled is 

entitled to bear, any class, type, or permitted 

designation recognized by the regulations in 

this part unless such wine conforms to the 

requirements prescribed with respect to such 

designation and is in fact so designated on 

its labels. [Emphasis added.] 

It has been TTB’s long-standing 

position that the appearance of the word 

‘‘Estate’’ or ‘‘Estates’’ on labels of wine 

does not, in and of itself, create an 

‘‘Estate bottled’’ representation and does 

not violate the prohibition in 

§ 4.39(a)(8). Therefore, TTB has 

permitted, in certain circumstances, the 

use of the words ‘‘Estate’’ or ‘‘Estates’’ on 

labels as additional information under 

§ 4.38(f). 

Notwithstanding § 4.26(d) of the TTB 

regulations as referenced above, for over 

twenty years TTB and its predecessor 

agency have allowed the term ‘‘Estate 

grown’’ to be used as a synonym for the 

term ‘‘Estate bottled.’’ Thus, if a product 

is labeled ‘‘Estate grown’’ it must meet 

the standard for use of ‘‘Estate bottled’’ 

as provided in § 4.26(a). TTB has not 

codified this position in the regulations. 

Recently, some industry members 

requested that TTB permit the use of the 

words ‘‘Estate grown’’ on labels of wines 

that do not meet the ‘‘Estate bottled’’ 

standards in § 4.26. One industry 

member contended that the term ‘‘Estate 

grown’’ does not convey information 

about the bottling conditions of the 

wine and that, therefore, wine labeled 

with that designation should not have to 

meet the ‘‘Estate bottled’’ requirements. 

TTB is considering the possibility of 

amending the regulations to set forth a 

TTB position concerning the use of the 

terms ‘‘Estate,’’ ‘‘Estates,’’ ‘‘Estate Grown,’’ 

and other similar terms on wine labels. 

Accordingly, TTB invites comments 

from industry members, consumers, and 

other interested parties on the following 

specific questions concerning the use of 

these terms: 

1. Does the use of the term ‘‘estate’’ or 

‘‘estates’’ as part of a name or otherwise 

on wine labels convey specific 

information about the product to the 

consumer and, if so, what information 

does it convey? 

2. Should TTB propose to define the 

term ‘‘Estate’’ in the regulations when 

not used in the expression ‘‘Estate 

bottled’’? If so, what should that 

definition be? 

3. Do wine labels with the term 

‘‘estate’’ or ‘‘estates’’ lead consumers to 

believe that the product is ‘‘Estate 

bottled’’ within the meaning of § 4.26? 


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67668 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Proposed Rules 

4. Do wine labels that use the term 

‘‘estate’’ or ‘‘estates,’’ in the brand name, 

when not referencing ‘‘Estate bottled,’’ 

lead consumers to believe that the 

product was produced primarily from 

winemaking material grown on the 

named estate? Should these products 

conform to the requirements outlined 

for use of a vineyard, orchard, farm or 

ranch name outlined in § 4.39(m)? 

5. Should TTB consider proposing a 

separate standard for the use of the term 

‘‘estate’’ or ‘‘estates’’ on wine labels and, 

if so, what should that standard be? 

6. Should TTB propose to amend the 

regulations to reflect its current policy 

that ‘‘Estate grown’’ may be used on a 

label only if the wine meets the 

requirements for products labeled 

‘‘Estate bottled’’ under § 4.26? 

7. Should TTB propose a usage 

standard for ‘‘Estate grown’’ in the 

regulations that differs from that 

specified for ‘‘Estate bottled’’ and if so, 

what should that standard be? 

8. Should TTB continue to permit the 

use of ‘‘Estate(s) vineyard(s),’’ ‘‘Vineyard 

estate(s),’’ or ‘‘Estate(s) wines’’ or other 

similar terms, whether or not preceded 

by the winery name, on product labels 

when the wine does not meet the ‘‘Estate 

bottled’’ standards in § 4.26? Why or 

why not? 

9. Would the use of the terms 

described in paragraph 8 above lead 

consumers to believe that the product 

was ‘‘Estate bottled’’ in accordance with 

§ 4.26? Should TTB set specific 

regulatory standards for the use of these 

terms and, if so, what should they be? 

C. Proprietor Grown and Vintner Grown 

Since 1982, TTB and its predecessor 

agency have had a policy regarding the 

use of the terms ‘‘Proprietor grown’’ and 

‘‘Vintner grown’’ on wine labels and in 

advertisements. Under this policy, TTB 

considers the words ‘‘Proprietor grown’’ 

and ‘‘Vintner grown’’ to be acceptable on 

wine labels and in advertisements, 

provided that 100 percent of the grapes 

are grown on vineyards owned or 

controlled by the bottling winery. TTB 

believes that adherence to this standard 

is necessary in order for the label to 

meet the truthful, accurate, and notmisleading standards of § 4.38(f), and so 

that any advertisements conform to the 

prohibitions in § 4.64 concerning false 

and misleading statements. TTB is 

considering the possibility of amending 

the regulations to reflect this position 

and invites comments from industry 

members, consumers, and other 

interested parties on the following 

specific questions concerning the use of 

these terms: 

1. Should TTB continue to permit, 

without amending the regulations, the 

use of the terms ‘‘Proprietor grown’’ and 

‘‘Vintner grown’’ on wine labels and in 

advertisements only if 100 percent of 

the grapes used to make the product are 

grown on vineyards owned or 

controlled by the bottling winery? 

2. Should TTB propose to amend the 

regulations to reflect the ‘‘Proprietor 

grown’’ and ‘‘Vintner grown’’ standard as 

stated above? 

3. Should TTB consider another 

standard for the use of these terms and, 

if so, what should it be? 

D. Vineyard, Orchard, Farm, or Ranch 

and Other Similar Terms 

Section 4.39(m) of the TTB 

regulations provides that the name of a 

vineyard, orchard, farm, or ranch shall 

not be used on a wine label unless 95 

percent of the wine in the container was 

produced from ‘‘primary winemaking 

material grown on the named vineyard, 

orchard, farm or ranch.’’ The TTB 

regulations, do not, however, define 

these terms. 

TTB has received and approved 

applications for COLAs for labels using 

the designation ‘‘Single vineyard.’’ TTB 

considers the term ‘‘single,’’ when used 

in conjunction with the term ‘‘vineyard’’ 

to be additional information covered by 

§ 4.38(f) and therefore subject to the 

requirements of that section. It has been 

the position of TTB that the use of the 

designation ‘‘Single vineyard’’ on labels 

and in advertisements is appropriate 

only if 100 percent of the grapes used 

to make the wine come from one 

vineyard. Accordingly, TTB is 

considering the possibility of amending 

the regulations to define the terms 

‘‘vineyard,’’ ‘‘orchard,’’ ‘‘farm,’’ and 

‘‘ranch’’ and to incorporate the position 

concerning use of the designation 

‘‘Single vineyard’’ described above. 

Therefore, TTB is soliciting comments 

from industry members, consumers, and 

other interested parties on the following 

specific questions: 

1. Does the use of a vineyard, orchard, 

farm or ranch name on wine labels and 

in advertisements convey specific 

information about the product to the 

consumer and, if so, what information 

does it convey? 

2. Should TTB propose to define the 

terms ‘‘vineyard,’’ ‘‘orchard,’’ ‘‘farm,’’ or 

‘‘ranch’’ in the regulations? If so, what 

should the definitions be? 

3. Should TTB propose to amend the 

regulations to provide a standard for use 

of the designation ‘‘Single vineyard’’ 

and, if so, should that standard be the 

100 percent standard described above or 

some other standard? Should TTB 

propose to use the same standard for the 

designations ‘‘Single orchard,’’ ‘‘Single 

farm,’’ and ‘‘Single ranch’’? Why or why 

not? 

E. Other Terms Used on Wine Labels 

and in Advertisements 

TTB understands that there are a 

variety of other terms not listed above 

which are commonly used on wine 

labels and in advertisements to provide 

some meaningful information to 

consumers about the content of the 

particular product. These terms are not 

currently defined in the TTB 

regulations. These terms include but are 

not limited to ‘‘Proprietors Blend,’’ ‘‘Old 

Vine,’’ ‘‘Barrel Fermented,’’ ‘‘Old Clone,’’ 

‘‘Reserve,’’ ‘‘Select Harvest,’’ ‘‘Bottle 

Aged,’’ and ‘‘Barrel Select.’’ TTB is 

seeking input from all interested 

persons regarding which of these terms, 

or additional terms not listed, if any, 

TTB should consider defining for the 

purposes of ensuring consumers are 

provided with truthful and nonmisleading information about the wine. 

Therefore, TTB is soliciting comments 

from industry members, consumers, and 

other interested parties on the following 

specific questions: 

1. Which terms currently used in 

wine labeling and advertising should 

TTB consider defining, if any, and what 

should those definitions be? 

2. Why or why not should TTB 

consider defining such terms? 

III. Public Participation 

A. Comments Invited 

We invite comments from industry 

members, consumers, and other 

interested parties on the questions 

outlined above concerning the use of 

various winemaking terms commonly 

used on wine labels and in wine 

advertisements. 

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 associated with this 

notice in Docket No. TTB–2010–0006 on 

‘‘Regulations.gov,’’ the Federal erulemaking portal, at http:// 

www.regulations.gov. A link to that 

docket is available under Notice No. 109 

on the TTB Web site at http:// 

www.ttb.gov/wine/winerulemaking.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, 


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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 


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