82 FR 47165 - Proposed Revisions to Wine Labeling and Recordkeeping Requirements; Comment Period Reopening

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range		47165-47167
FR Document		2017-21817

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is reopening for an additional 90 days the comment period for Notice No. 160, Proposed Revisions to Wine Labeling and Recordkeeping Requirements, a notice of proposed rulemaking published in the Federal Register on June 22, 2016. In Notice No. 160, TTB proposed to amend its labeling and recordkeeping regulations in 27 CFR part 24 to provide that any standard grape wine containing 7 percent or more alcohol by volume that is covered by a certificate of exemption from label approval may be labeled with a varietal (grape type) designation, a type designation of varietal significance, a vintage date, or an appellation of origin only if the wine is labeled in compliance with the standards set forth in the appropriate sections of 27 CFR part 4 for that label information. TTB also proposed to amend its part 4 wine labeling regulations to include a reference to the new part 24 requirement. TTB is reopening the comment period a second time in response to requests from a number of commenters. In addition, TTB is also soliciting comments on alternative proposals put forth by commenters during the previous public comment periods for Notice No. 160.

Federal Register, Volume 82 Issue 195 (Wednesday, October 11, 2017)

[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Proposed Rules]
[Pages 47165-47167]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-21817]

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Parts 4 and 24

[Docket No. TTB-2016-0005; Notice No. 160B; Re: Notice Nos. 160 and
160A]
RIN 1513-AC27

Proposed Revisions to Wine Labeling and Recordkeeping
Requirements; Comment Period Reopening

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
reopening for an additional 90 days the comment period for Notice No.
160, Proposed Revisions to Wine Labeling and Recordkeeping
Requirements, a notice of proposed rulemaking published in the Federal
Register on June 22, 2016. In Notice No. 160, TTB proposed to amend its
labeling and recordkeeping regulations in 27 CFR part 24 to provide
that any standard grape wine containing 7 percent or more alcohol by
volume that is covered by a certificate of exemption from label
approval may be labeled with a varietal (grape type) designation, a
type designation of varietal significance, a vintage date, or an
appellation of origin only if the wine is labeled in compliance with
the standards set forth in the appropriate sections of 27 CFR part 4
for that label information. TTB also proposed to amend its part 4 wine
labeling regulations to include a reference to the new part 24
requirement. TTB is reopening the comment period a second time in
response to requests from a number of commenters. In addition,

[[Page 47166]]

TTB is also soliciting comments on alternative proposals put forth by
commenters during the previous public comment periods for Notice No.
160.

DATES: The comment period for the proposed rule published on June 22,
2016 (81 FR 40584) is reopened for 90 days. Written comments on Notice
No. 160 are now due on or before January 9, 2018.

ADDRESSES: Please send your comments on Notice No. 160 to one of the
following addresses:
Internet: https://www.regulations.gov (via the online
comment form for this document, Notice No. 160B, as posted within
Docket No. TTB-2016-0005 at ``Regulations.gov,'' the Federal e-
rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC
20005.
See the Public Participation section of Notice No. 160 for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this document, Notice Nos. 160 and 160A, and
any comments made to TTB about the described proposals at https://www.regulations.gov within Docket No. TTB-2016-0005. A link to that
docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 160. You also may view copies of this
document, Notice Nos. 160 and 160A, and any comments made to TTB about
the described proposals by appointment at the TTB Information Resource
Center, 1310 G Street NW., Washington, DC 20005. Please call (202) 453-
2270 to make an appointment.

FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Alcohol and Tobacco
Tax and Trade Bureau, Regulations and Rulings Division; telephone (202)
453-1039, ext. 275.

SUPPLEMENTARY INFORMATION: In Notice No. 160, the Alcohol and Tobacco
Tax and Trade Bureau (TTB) proposed to amend its labeling and
recordkeeping regulations in 27 CFR part 24 to provide that any
standard grape wine containing 7 percent or more alcohol by volume that
is covered by a certificate of exemption from label approval may be
labeled with a varietal (grape type) designation, a type designation of
varietal significance, a vintage date, or an appellation of origin only
if the wine is labeled in compliance with the standards set forth in
the appropriate sections of 27 CFR part 4 for that label information.
TTB also proposed to amend its part 4 wine labeling regulations to
include a reference to the new part 24 requirement. The 60-day comment
period for Notice No. 160 originally closed on August 22, 2016.
On September 8, 2016, TTB published Notice No. 160A to reopen the
comment period for an additional 90 days. This action was taken in
response to requests received from two wine industry trade
associations, Wine Institute and the California Association of
Winegrape Growers, who stated that their membership was preoccupied
with the grape harvest and thus needed additional time to assess the
proposal contained in Notice No. 160 (see comments 7 and 41). Based on
comments received up to that point, TTB also requested comments
regarding whether any geographic reference to the source of the grapes
used in the wine could be included on a wine label in a way that would
not be misleading with regard to the source of the wine. The reopened
comment period closed December 7, 2016.
A number of commenters responded to TTB's request in Notice No.
160A for comments on whether any geographic references to the source of
the grapes used in a wine could be included on the label in a way that
would not be misleading. Some of the proposals received suggest that
geographic references could be included in such a way. Suggestions
included proposals that TTB allow the following type of statements on
wine labels:
__% of grapes grown in ____ [location], Produced and
Bottled in ____ [location].
``Grapes sourced in California.''
The use of American viticultural area (AVA) names modified
by ``grapes'' (i.e., ``Napa Valley Grapes).''
The most detailed proposal was submitted in a joint comment by Napa
Valley Vintners and Wine Institute, posted as Comment 108 within Docket
No. TTB-2016-0005 at www.regulations.gov. The two trade associations
supported the adoption of the proposals made in Notice No. 160, but
stated that ``to the extent TTB is inclined to adopt regulations that
would allow a COLA-exempt wine to also include grape source
information,'' they believe their proposal ``protects the integrity of
the appellation labeling system while also providing consumers with
meaningful, truthful, and non-misleading information to identify grape
source.'' The comment also noted that California law would prohibit
certain wines labeled with grape source information from being sold in
that State, but that Napa Valley Vintners and Sonoma County Vintners
would sponsor and advocate for an amendment to California law in the
event that TTB amended its regulations as proposed in the comment.
Their proposal has four main components:
TTB should adopt Notice No. 160 in its entirety so that
all wines identified with an AVA name or appellation of origin are
subject to the same Federal standards.
Grape source information (which they state is distinct
from appellations) could be allowed on the label as optional
information if it includes all of the following: (1) The name of the
county or counties and State or States, or just the State(s), where all
of the grapes are grown. County names must be identified with the word
``county'' in the same type size and in letters as conspicuous as the
name of the county; (2) The percentage of wine derived from grapes
grown in each county or State shown on the label, with a tolerance of
+\- 2 percent; and (3) The city and State, or just the State, where the
wine was fully finished.
Grape source information should not contain any reference
to an AVA name or a name of viticultural significance or a confusingly
similar name, other than a county or a State. In their example, a label
could disclose the grape source as ``Napa County, California,'' but it
could not include a claim that the grapes are from ``Napa Valley,''
which is an AVA name.
Wines labeled with grape source information must be
labeled with the ``United States'' country appellation of origin
pursuant to 27 CFR 4.25(a)(1)(i). Use of this country appellation gives
wineries the ability to include a vintage date and variety designation
on their labels while at the same time signaling to consumers that the
wine does not meet the Federal requirements for State, county, or AVA
appellation of origin designations.
While the comment specifically addressed wines covered by
certificates of exemption from label approval, it is unclear to TTB if
this alternative proposal would also apply to wines subject to the
labeling requirements of the Federal Alcohol Administration Act and
labeled under a certificate of label approval.
In addition to the proposals discussed above, TTB received seven
comments requesting an additional extension of the comment period for
Notice No. 160. Six of these request an additional 90 days to comment,
while the seventh

[[Page 47167]]

requests an extension of an unspecified amount of time. Some of these
comments state that additional time is needed given the complexity of
the issues, while others state that an extension of the comment period
will allow time for wine industry members to reach a consensus on the
proposal.

Determination To Reopen the Public Comment Period

In response to the requests to extend the comment period, TTB is
reopening the comment period for Notice No. 160 for an additional 90
days. We believe that 90 days will provide industry members and the
public with the additional time necessary to fully consider both the
original proposal put forth in Notice No. 160 and the alternative
proposals discussed above. Therefore, comments on Notice No. 160 are
now due to TTB on or before January 9, 2018.
In addition to comments on the alternative proposals discussed
above, TTB is interested in comments that address whether the
alternative proposals should apply only to wines labeled under
certificates of exemption for label approval, or if they should also
apply to wines labeled under certificates of label approval, in which
case corresponding amendments to the labeling regulations in part 4
would be necessary. TTB is also interested in comments regarding
whether these proposals should apply to non-grape wines. Please provide
specific information in support of your comments.

Submission of New Comments

Comments on the original proposal put forth in Notice No. 160 and
the alternative proposals discussed above may be submitted
electronically via the online comment form for this document, Notice
No. 160B, as posted within Docket No. TTB-2016-0005 at
``Regulations.gov,'' the Federal e-rulemaking portal. Comments may also
be submitted via U.S. mail or hand delivery as described above in the
ADDRESSES section of this document.

Drafting Information

Jennifer Berry of the Regulations and Rulings Division drafted this
document.

Signed: September 28, 2017.
John J. Manfreda,
Administrator.
[FR Doc. 2017-21817 Filed 10-10-17; 8:45 am]
BILLING CODE 4810-31-P

47166 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules

TTB is also soliciting comments on is labeled in compliance with the wines labeled with grape source
alternative proposals put forth by standards set forth in the appropriate information from being sold in that
commenters during the previous public sections of 27 CFR part 4 for that label State, but that Napa Valley Vintners and
comment periods for Notice No. 160. information. TTB also proposed to Sonoma County Vintners would sponsor
DATES: The comment period for the amend its part 4 wine labeling and advocate for an amendment to
proposed rule published on June 22, regulations to include a reference to the California law in the event that TTB
2016 (81 FR 40584) is reopened for 90 new part 24 requirement. The 60-day amended its regulations as proposed in
days. Written comments on Notice No. comment period for Notice No. 160 the comment.
160 are now due on or before January originally closed on August 22, 2016. Their proposal has four main
9, 2018. On September 8, 2016, TTB published components:
Notice No. 160A to reopen the comment • TTB should adopt Notice No. 160 in
ADDRESSES: Please send your comments
period for an additional 90 days. This its entirety so that all wines identified
on Notice No. 160 to one of the
action was taken in response to requests with an AVA name or appellation of
following addresses:
received from two wine industry trade origin are subject to the same Federal
• Internet: https://
associations, Wine Institute and the standards.
www.regulations.gov (via the online • Grape source information (which
comment form for this document, California Association of Winegrape
Growers, who stated that their they state is distinct from appellations)
Notice No. 160B, as posted within could be allowed on the label as
Docket No. TTB–2016–0005 at membership was preoccupied with the
grape harvest and thus needed optional information if it includes all of
‘‘Regulations.gov,’’ the Federal e- the following: (1) The name of the
additional time to assess the proposal
rulemaking portal); county or counties and State or States,
• U.S. Mail: Director, Regulations and contained in Notice No. 160 (see
comments 7 and 41). Based on or just the State(s), where all of the
Rulings Division, Alcohol and Tobacco grapes are grown. County names must
Tax and Trade Bureau, 1310 G Street comments received up to that point,
TTB also requested comments regarding be identified with the word ‘‘county’’ in
NW., Box 12, Washington, DC 20005; or the same type size and in letters as
• Hand delivery/courier in lieu of whether any geographic reference to the
source of the grapes used in the wine conspicuous as the name of the county;
mail: Alcohol and Tobacco Tax and
could be included on a wine label in a (2) The percentage of wine derived from
Trade Bureau, 1310 G Street NW., Suite
way that would not be misleading with grapes grown in each county or State
400, Washington, DC 20005.
regard to the source of the wine. The shown on the label, with a tolerance of
See the Public Participation section of
reopened comment period closed +\¥ 2 percent; and (3) The city and
Notice No. 160 for specific instructions
December 7, 2016. State, or just the State, where the wine
and requirements for submitting
A number of commenters responded was fully finished.
comments, and for information on how
to TTB’s request in Notice No. 160A for • Grape source information should
to request a public hearing.
comments on whether any geographic not contain any reference to an AVA
You may view copies of this
references to the source of the grapes name or a name of viticultural
document, Notice Nos. 160 and 160A,
used in a wine could be included on the significance or a confusingly similar
and any comments made to TTB about
label in a way that would not be name, other than a county or a State. In
the described proposals at https://
misleading. Some of the proposals their example, a label could disclose the
www.regulations.gov within Docket No.
received suggest that geographic grape source as ‘‘Napa County,
TTB–2016–0005. A link to that docket is
references could be included in such a California,’’ but it could not include a
posted on the TTB Web site at https://
way. Suggestions included proposals claim that the grapes are from ‘‘Napa
www.ttb.gov/wine/wine-
that TTB allow the following type of Valley,’’ which is an AVA name.
rulemaking.shtml under Notice No. 160. • Wines labeled with grape source
You also may view copies of this statements on wine labels:
• ll% of grapes grown in llll information must be labeled with the
document, Notice Nos. 160 and 160A, ‘‘United States’’ country appellation of
[location], Produced and Bottled
and any comments made to TTB about
in llll [location]. origin pursuant to 27 CFR 4.25(a)(1)(i).
the described proposals by appointment • ‘‘Grapes sourced in California.’’ Use of this country appellation gives
at the TTB Information Resource Center, • The use of American viticultural wineries the ability to include a vintage
1310 G Street NW., Washington, DC area (AVA) names modified by ‘‘grapes’’ date and variety designation on their
20005. Please call (202) 453–2270 to (i.e., ‘‘Napa Valley Grapes).’’ labels while at the same time signaling
make an appointment. The most detailed proposal was to consumers that the wine does not
FOR FURTHER INFORMATION CONTACT: submitted in a joint comment by Napa meet the Federal requirements for State,
Jennifer Berry, Alcohol and Tobacco Valley Vintners and Wine Institute, county, or AVA appellation of origin
Tax and Trade Bureau, Regulations and posted as Comment 108 within Docket designations.
Rulings Division; telephone (202) 453– No. TTB–2016–0005 at While the comment specifically
1039, ext. 275. www.regulations.gov. The two trade addressed wines covered by certificates
SUPPLEMENTARY INFORMATION: In Notice associations supported the adoption of of exemption from label approval, it is
No. 160, the Alcohol and Tobacco Tax the proposals made in Notice No. 160, unclear to TTB if this alternative
and Trade Bureau (TTB) proposed to but stated that ‘‘to the extent TTB is proposal would also apply to wines
amend its labeling and recordkeeping inclined to adopt regulations that would subject to the labeling requirements of
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

regulations in 27 CFR part 24 to provide allow a COLA-exempt wine to also the Federal Alcohol Administration Act
that any standard grape wine containing include grape source information,’’ they and labeled under a certificate of label
7 percent or more alcohol by volume believe their proposal ‘‘protects the approval.
that is covered by a certificate of integrity of the appellation labeling In addition to the proposals discussed
exemption from label approval may be system while also providing consumers above, TTB received seven comments
labeled with a varietal (grape type) with meaningful, truthful, and non- requesting an additional extension of
designation, a type designation of misleading information to identify grape the comment period for Notice No. 160.
varietal significance, a vintage date, or source.’’ The comment also noted that Six of these request an additional 90
an appellation of origin only if the wine California law would prohibit certain days to comment, while the seventh

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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules 47167

requests an extension of an unspecified DEPARTMENT OF THE TREASURY document, Notice No. 164, and any
amount of time. Some of these comments made to TTB about the
comments state that additional time is Alcohol and Tobacco Tax and Trade described proposals by appointment at
needed given the complexity of the Bureau the TTB Information Resource Center,
issues, while others state that an 1310 G Street NW., Washington, DC
extension of the comment period will 27 CFR Part 24 20005. Please call (202) 453–2270 to
allow time for wine industry members [Docket No. TTB–2016–0010; Notice No. make an appointment.
to reach a consensus on the proposal. 164A; Re: Notice No. 164] FOR FURTHER INFORMATION CONTACT: Kara
Fontaine, Regulations and Rulings
Determination To Reopen the Public RIN 1513–AB61
Division, Alcohol and Tobacco Tax and
Comment Period Trade Bureau, 1310 G Street NW., Box
Wine Treating Materials and Related
Regulations; Comment Period 12, Washington, DC 20005; phone (202)
In response to the requests to extend
Reopening 453–1039, ext. 103.
the comment period, TTB is reopening
SUPPLEMENTARY INFORMATION: In Notice
the comment period for Notice No. 160 AGENCY: Alcohol and Tobacco Tax and
for an additional 90 days. We believe No. 164, a notice of proposed
Trade Bureau, Treasury. rulemaking published in the Federal
that 90 days will provide industry ACTION: Notice of proposed rulemaking; Register on November 22, 2016 (81 FR
members and the public with the reopening of comment period. 83752), the Alcohol and Tobacco Tax
additional time necessary to fully and Trade Bureau (TTB) requested
consider both the original proposal put SUMMARY: The Alcohol and Tobacco Tax public comment on amendments to its
forth in Notice No. 160 and the and Trade Bureau (TTB) is reopening for regulations pertaining to the production
alternative proposals discussed above. an additional 90 days the comment of wine and in particular in regard to
Therefore, comments on Notice No. 160 period for Notice No. 164, Wine the permissible treatments that may be
are now due to TTB on or before January Treating Materials and Related applied to wine and to juice from which
9, 2018. Regulations, a notice of proposed wine is made. TTB issued the proposed
rulemaking published in the Federal amendments in response to requests
In addition to comments on the
Register on November 22, 2016. TTB is from wine industry members to
alternative proposals discussed above,
taking this action in response to authorize certain wine treating materials
TTB is interested in comments that requests from wine industry members
address whether the alternative and processes not currently authorized
and trade associations. by TTB regulations. In Notice No. 164,
proposals should apply only to wines
DATES: The comment period for the TTB invited comments on the proposed
labeled under certificates of exemption
proposed rule published on November regulatory changes and the wine
for label approval, or if they should also
22, 2016 (81 FR 83752) is reopened for treatments and materials issues
apply to wines labeled under certificates 90 days. Written comments on Notice
of label approval, in which case addressed in that document. The 60-day
No. 164 are now due on or before comment period for Notice No. 164
corresponding amendments to the January 9, 2018. originally closed on January 23, 2017.
labeling regulations in part 4 would be On December 27, 2016, TTB received
ADDRESSES: Please send your comments
necessary. TTB is also interested in on Notice No. 164 to one of the a letter from the Wine Institute, a large
comments regarding whether these following addresses: wine industry trade association based in
proposals should apply to non-grape • Internet: https:// San Francisco, California, requesting a
wines. Please provide specific www.regulations.gov (via the online six-month extension of the comment
information in support of your comment form for Notice No. 164 as period on the wine treating materials
comments. posted within Docket No. TTB–2016– and other regulatory amendments
Submission of New Comments 0010 at Regulations.gov, the Federal e- proposed in Notice No. 164. In its letter,
rulemaking portal); the Wine Institute stated that its
Comments on the original proposal • U.S. Mail: Director, Regulations and members required additional time to
put forth in Notice No. 160 and the Rulings Division, Alcohol and Tobacco consider the ‘‘complex, highly technical
alternative proposals discussed above Tax and Trade Bureau, 1310 G Street proposal’’ contained in Notice No. 164,
may be submitted electronically via the NW., Box 12, Washington, DC 20005; or as well as the document’s request for
online comment form for this document, • Hand delivery/courier in lieu of input on other regulatory issues. The
Notice No. 160B, as posted within mail: Alcohol and Tobacco Tax and Wine Institute also noted that TTB’s
Docket No. TTB–2016–0005 at Trade Bureau, 1310 G Street NW., Suite proposal was published during the busy
‘‘Regulations.gov,’’ the Federal e- 400, Washington, DC 20005. holiday season, and that it required
See the Public Participation section of additional time to reach out to its
rulemaking portal. Comments may also
Notice No. 164 for specific instructions members and other wine industry trade
be submitted via U.S. mail or hand
and requirements for submitting associations to discuss how best to
delivery as described above in the
comments, and for information on how respond to Notice No. 164. The Wine
ADDRESSES section of this document.
to request a public hearing. Institute letter is posted as Comment 3
You may view copies of this to Notice No. 164 within Docket No.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

Drafting Information
document, Notice No. 164, and any TTB–2016–0010 on the Regulations.gov
Jennifer Berry of the Regulations and comments made to TTB about the Web site at https://www.regulations.gov.
Rulings Division drafted this document. described proposals at https:// In addition, TTB received one comment
Signed: September 28, 2017. www.regulations.gov within Docket No. supporting the Wine Institute’s request
TTB–2016–0010. A link to that docket is for an extension of the comment period
John J. Manfreda,
posted on the TTB Web site at https:// (see Comment 4).
Administrator. www.ttb.gov/wine/wine- On January 9, 2017, TTB received a
[FR Doc. 2017–21817 Filed 10–10–17; 8:45 am] rulemaking.shtml under Notice No. 164. letter from Laffort USA, a producer of
BILLING CODE 4810–31–P You also may view copies of this wine treating materials, which also

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Document Created: 2018-10-25 09:59:22
Document Modified: 2018-10-25 09:59:22

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking; reopening of comment period.
Dates		The comment period for the proposed rule published on June 22, 2016 (81 FR 40584) is reopened for 90 days. Written comments on Notice No. 160 are now due on or before January 9, 2018.
Contact		Jennifer Berry, Alcohol and Tobacco Tax and Trade Bureau, Regulations and Rulings Division; telephone (202) 453-1039, ext. 275.
FR Citation		82 FR 47165
RIN Number		1513-AC27
CFR Citation		27 CFR 24 27 CFR 4

82 FR 47165 - Proposed Revisions to Wine Labeling and Recordkeeping Requirements; Comment Period Reopening

DEPARTMENT OF THE TREASURYAlcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 82, Issue 195 (October 11, 2017)

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau