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. DEL-
LUMS, 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Alcohol Ingredient La-
beling Act of 1996’’.
SEC. 2. LABELING.
Section 403 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 343) is amended by adding at the end the
following:
‘‘(t)(1) If it is a malt beverage (including malt liquor
or malt cooler), wine (including wine cooler or fortified
wine), distilled spirit (including distilled spirit cooler), or
any other beverage, over-the-counter medication, or simi-
lar product containing more than 1⁄2 percent alcohol by
volume unless it bears a label which—
‘‘(A) discloses in a nonpromotional manner the
alcoholic content by volume,
‘‘(B) discloses the number of drinks it contains
rounded to the nearest quarter drink,
‘‘(C) discloses its ingredients and calories per
container and per drink,
‘‘(D) discloses the common or usual name of
each ingredient (including additives), and
‘‘(E) bears the following statement: ‘If you or
someone you know has a drinking problem, a call
may be made to (reference to a toll-free number es-
tablished and operated by the Secretary) for help’.
‘‘(2) For purposes of subparagraph (1):
‘‘(A) The term ‘malt beverage’ means a bev-
erage made by the alcoholic fermentation of an infu-
sion or decoction, or combination of both, in potable
brewing water of malted barley with hops, or their
parts or products, with or without other malted cere-
als, with or without the addition of unmalted or pre-
pared cereals, other carbohydrates, or materials pre-
pared, with or without the addition of carbon diox-
ide, and with or without other wholesome products
suitable for human food consumption.
‘‘(B) The term ‘wine’ means wine as defined in
sections 610 and 617 of the Revenue Act of 1918
and other alcoholic beverages made in the manner of
wine, including sparkling and carbonated wine, wine
made from condensed grape must, wine made from
other agricultural products than the juice of sound,
ripe grapes, imitation wine, wine compounds sold as
wine, vermouth, cider, sherry, and sake if it contains
not less than 7 percent and not more than 24 per-
cent of alcohol by volume and if for nonindustrial
use.
‘‘(C) The term ‘distilled spirit’ means ethyl al-
cohol, hydrated oxide of ethyl, spirits of wine, whis-
ky, rum, brandy, gin, and other distilled spirits, in-
cluding all dilutions and mixtures thereof for
nonindustrial use. Such term does not include mix-
tures containing wine, bottled at 48 degrees of proof
or less if the mixture contains more than 50 percent
wine on a proof gallon basis.
‘‘(D) The term ‘drink’ is a serving of a malt
beverage, wine, or distilled spirit which contains .6
ounces of alcohol by volume.
‘‘(E) The term ‘ingredient’ shall not mean inci-
dental or trace ingredients.
‘‘(3) The Secretary shall by regulation require that
the information required on a container of a malt bev-
erage, wine, or distilled spirit label by subparagraph (1)—
‘‘(A) be located in a conspicuous place on such
label,
‘‘(B) appear in conspicuous and legible type
which is in contrast by typography, layout, and color
with other printed matter and which is of a size no
less than one-sixteenth of an inch in height,
‘‘(C) be displayed horizontally,
‘‘(D) be easily legible when the container is held
in the usual way,
‘‘(E) be offset by borders, and
‘‘(F) in the case of the requirement of subpara-
graph (1)(B), be stated as a number followed by the
word ‘drinks’, be contained within a beer mug sym-
bol, and be placed on the front of the container.’’.
SEC. 3. AUTHORIZATION.
There is authorized to be appropriated to the Sec-
retary $500,000 for fiscal year 1996 and each succeeding
fiscal year to establish and operate the toll-free number
referred to in section 403(s)(1)(E) of the Federal Food,
Drug, and Cosmetic Act (as added by section 1).
SEC. 4. REPORT.
The Commissioner of the Food and Drug Administra-
tion shall submit a report, within 90 days of the date of
the enactment of this Act, on the effectiveness of the for-
mat of the Surgeon General’s warning required by section
204 of the Alcoholic Beverage Labeling Act of 1988 in
combination with the new ingredient information required
on beverage labels by the amendment made by section 2.
The Commissioner shall evaluate the format of such infor-
mation in terms of its legibility, placement, and
noticeability and in terms of other relevant characteristics.
The report shall make recommendations for improving
such format.
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