1513-0119 Law and Reg.

1513-0119

26 U.S.C.

Sec. 5382. Cellar treatment of natural wine

(a) Proper cellar treatment

(1) In general

Proper cellar treatment of natural wine constitutes--

1. subject to paragraph (2), those practices and

procedures in the United States, whether historical or newly

developed, of using various methods and materials to stabilize

the wine, or the fruit juice from which it is made, so as to

produce a finished product acceptable in good commercial

practice in accordance with regulations prescribed by the

Secretary; and

(B) subject to paragraph (3), in the case of wine produced

and imported subject to an international agreement or treaty,

those practices and procedures acceptable to the United States

under such agreement or treaty.

(2) Recognition of continuing treatment

For purposes of paragraph (1)(A), where a particular treatment

has been used in customary commercial practice in the United

States, it shall continue to be recognized as a proper cellar

treatment in the absence of regulations prescribed by the Secretary

finding such treatment not to be proper cellar treatment within the

meaning of this subsection.

(3) Certification of practices and procedures for imported

wine

(A) In general

In the case of imported wine produced after December 31,

2004, the Secretary shall accept the practices and procedures

used to produce such wine, if, at the time of importation--

(i) the Secretary has on file or is provided with a

certification from the government of the producing country,

accompanied by an affirmed laboratory analysis, that the

practices and procedures used to produce the wine

constitute proper cellar treatment under paragraph (1)(A),

(ii) the Secretary has on file or is provided with such

certification, if any, as may be required by an

international agreement or treaty under paragraph (1)(B),

or

(iii) in the case of an importer that owns or controls

or that has an affiliate that owns or controls a winery

operating under a basic permit issued by the Secretary, the

importer certifies that the practices and procedures used

to produce the wine constitute proper cellar treatment

under paragraph (1)(A).

(B) Affiliate defined

For purposes of this paragraph, the term ``affiliate'' has

the meaning given such term by section 117(a)(4) of the Federal

Alcohol Administration Act (27 U.S.C. 211(a)(4)) and includes a

winery's parent or subsidiary or any other entity in which the

winery's parent or subsidiary has an ownership interest.

(b) Specifically authorized treatments

The practices and procedures specifically enumerated in this

subsection shall be deemed proper cellar treatment for natural wine:

(1) The preparation and use of pure concentrated or

unconcentrated juice or must. Concentrated juice or must reduced

with water to its original density or to not less than 22 degrees

Brix or unconcentrated juice or must reduced with water to not less

than 22 degrees Brix shall be deemed to be juice or must, and shall

include such amounts of water to clear crushing equipment as

regulations prescribed by the Secretary may provide.

(2) The addition to natural wine, or to concentrated or

unconcentrated juice or must, from one kind of fruit, of wine

spirits (whether or not tax-paid) distilled in the United States

from the same kind of fruit; except that (A) the wine, juice, or

concentrate shall not have an alcoholic content in excess of 24

percent by volume after the addition of wine spirits, and (B) in

the case of still wines, wine spirits may be added in any State

only to natural wines produced by fermentation in bonded wine

cellars located within the same State.

(3) Amelioration and sweetening of natural grape wines in

accordance with section 5383.

(4) Amelioration and sweetening of natural wines from fruits

other than grapes in accordance with section 5384.

(5) In the case of effervescent wines, such preparations for

refermentation and for dosage as may be acceptable in good

commercial practice, but only if the alcoholic content of the

finished product does not exceed 14 percent by volume.

(6) The natural darkening of the sugars or other elements in

juice, must, or wine due to storage, concentration, heating

processes, or natural oxidation.

(7) The blending of natural wines with each other or with

heavy-bodied blending wine or with concentrated or unconcentrated

juice, whether or not such juice contains wine spirits, if the

wines, juice, or wine spirits are from the same kind of fruit.

(8) Such use of acids to correct natural deficiencies and

stabilize the wine as may be acceptable in good commercial

practice.

(9) The addition--

(A) to natural grape or berry wine of the winemaker's own

production, of volatile fruit-flavor concentrate produced from

the same kind and variety of grape or berry at a plant

qualified under section 5511, or

(B) to natural fruit wine (other than grape or berry) of

the winemaker's own production, of volatile fruit-flavor

concentrate produced from the same kind of fruit at such a

plant,

so long as the proportion of the volatile fruit-flavor concentrate

to the wine does not exceed the proportion of the volatile fruit-

flavor concentrate to the original juice or must from which it was

produced. The transfer of volatile fruit-flavor concentrate from a

plant qualified under section 5511 to a bonded wine cellar and its

storage and use in such a cellar shall be under such applications

and bonds, and under such other requirements, as may be provided in

regulations prescribed by the Secretary.

(c) Other authorized treatment

The Secretary may by regulations prescribe limitations on the

preparation and use of clarifying, stabilizing, preserving, fermenting,

and corrective methods or materials, to the extent that such preparation

or use is not acceptable in good commercial practice.

(d) Use of juice or must from which volatile fruit flavor has been

removed

For purposes of this part, juice, concentrated juice, or must

processed at a plant qualified under section 5511 may be deemed to be

pure juice, concentrated juice, or must even though volatile fruit

flavor has been removed if, at a plant qualified under section 5511 or

at the bonded wine cellar, there is added to such juice, concentrated

juice, or must, or (in the case of a bonded wine cellar) to wine of the

winemaker's own production made therefrom, either the identical volatile

flavor removed or--

(1) in the case of natural grape or berry wine of the

winemaker's own production, an equivalent quantity of volatile

fruit-flavor concentrate produced at such a plant and derived from

the same kind and variety of grape or berry, or

(2) in the case of natural fruit wine (other than grape or

berry wine) of the winemaker's own production, an equivalent

quantity of volatile fruit-flavor concentrate produced at such a

plant and derived from the same kind of fruit.

(Added Pub. L. 85-859, title II, Sec. 201, Sept. 2, 1958, 72 Stat. 1383; amended Pub. L. 88-653, Secs. 1, 2, Oct. 13, 1964, 78 Stat. 1085; Pub. L. 89-44, title VIII, Sec. 806(c)(1), June 21, 1965, 79 Stat. 164; Pub. L. 90-619, Sec. 2, Oct. 22, 1968, 82 Stat. 1237; Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 108-429, title II, Sec. 2002(a), Dec. 3, 2004, 118 Stat. 2588.)

27 CFR

Sec. 27.140 Certification requirements for wine.

(a) Definitions. When used in this section, the following terms have the meaning indicated:

Affiliate means any one of two or more persons if one of such

persons has actual or legal control, directly or indirectly, whether by

stock ownership or otherwise, of the other or others of such persons,

and includes a winery's parent or subsidiary or any other entity in

which the winery's parent or subsidiary has a controlling ownership

interest. An affiliate also means any one of two or more persons subject to common control, actual or legal, directly or indirectly, whether by stock ownership or otherwise.

Importer means any person importing wine who must obtain a permit as provided in Sec. 27.55.

Natural wine means the product of the juice or must of sound, ripe

grapes or other sound, ripe fruit (including berries) made with any

cellar treatment authorized by subparts F and L of part 24 of this

chapter and containing not more than 21 percent by weight (21

degrees Brix de-alcoholized wine) of total solids.

Produced, when used with reference to wine, means removed from the

fermenter.

Proper cellar treatment means a production practice or procedure

authorized by subparts F and L of part 24 of this chapter and, in the

case of natural wine produced and imported subject to an international

agreement or treaty, those practices and procedures acceptable to the

United States under that agreement or treaty.

(b) Certification--(1) General. Except as otherwise provided in

paragraph (b)(2) of this section, an importer of natural wine must have

an original or copy of a certification from the producing country

stating that the practices and procedures used to produce the imported

wine constitute proper cellar treatment. The certification:

(i) Must be from a governmental or government-approved entity having oversight or control over enological practices in the producing country under the laws of that country;

(ii) Must include the results of a laboratory analysis of the wine

conducted either by a government laboratory of the producing country or

by a laboratory certified by the government of the producing country;

and

(iii) Must be in the possession of the importer at the time of

release of the wine from customs custody and may cover multiple

importations provided that the wine in each case is of the same brand

and class or type, was made by the same producer, was subjected to the

same cellar treatment, and conforms to the statements made on the

certification.

(2) Alternative certifications and exemptions--(i) The following are alternatives to the producing country certification and laboratory

analysis requirement described in paragraph (b)(1) of this section:

(A) In the case of natural wine produced and imported subject to an

international agreement or treaty specifying that the practices and

procedures used to produce the wine are acceptable to the United States, no producing country certification and laboratory analysis is required, unless that international agreement or treaty requires a certification, in which case the importer must have in his or her possession at the time of release of the wine from customs custody an original or copy of that certification.

(B) If an importer of natural wine or its affiliate owns or controls a winery operating under a basic permit issued under part 1 of this chapter, in lieu of a producing country certification and laboratory analysis, the importer may self-certify that the practices and procedures used to produce the wine constitute proper cellar treatment. The self-certification must be either in the format set forth in paragraph (c) of this section with blocks 1 through 4 completed or in an alternative format that sets forth the same information, and it must be in the possession of the importer at the time of release of the wine from customs custody. In the case of self-certification the importer also must have at the time of release from customs custody records to establish that the requirements for self-certification are met.

(ii) The following are exempt from any certification requirement

under this section:

(A) Natural wine produced before January 1, 2005. However, in this

case, the importer must have in his or her possession at the time of

release of the wine from customs custody records to establish that the

wine was produced before January 1, 2005.

(B) Importations of natural wine that are of a personal, non-

commercial nature. Examples of non-commercial importations include

importations by travelers, gift shipments between individuals, and

importations by diplomats for embassy or consular use.

(C) Importations of natural wine that constitute commercial samples. Commercial samples include sales samples, samples for trade shows, and samples for laboratory analysis.

(D) Imported natural wine held on board international passenger

carriers, such as cruise ships or airliners.

(c) Form. The format for certification referred to in paragraph (b)

of this section is the following:

(d) Preparation of Certification. The following rules apply for the

completion of the certification set forth in paragraph (c) of this

section:

(1) Block 1 must state the legal name and address (including

country) of the producer of the wine.

(2) Block 2 must include a complete description of the wine,

including its brand name, year of production, class or type, and country of origin.

(3) The importer must check the applicable box in block 3:

(i) The importer must check box 3a and ensure that blocks 4 and 5

are completed if no alternative certification applies to the wine under

paragraph (b)(2)(i) of this section.

(ii) If paragraph (b)(2)(i)(B) applies to the wine, the importer

must check box 3b and complete the certification in block 4.

(4) If the certification is submitted subsequent to approval of a

label, the importer must complete block 6 by including the TTB

identification number from the certificate of label approval, TTB Form

5100.31.

[T.D. TTB-31, 70 FR 49483, Aug. 24, 2005]