Wine

[David A. Daniel]

The feds are very interested in what kind of liquor is what for excise tax
reasons, and they are especially interested in whether a beverage is
actually alcoholic or not. (If you have "Alcohol" in your bureau name you
only get to make rules about stuff that has alcohol in it.) If you go here
http://www.ttb.gov/beer/bam/chapter4.pdf you'll find several dozen
designations for beers, ales, malt beverages etc. Every one of them is
simply defined as having at least 0.5% alcohol, except for Near Bear which
must have less than 0.5% alcohol. There's no other grading, by alcohol
content, of what can be called what. And of course they want to make sure
you're not selling swamp water and labeling it a malt beverage, or that if
you label something as "reduced alcohol," that it really is. But that is the
extent of it. And, again, there's nothing at the federal level about
changing names as alcohol content goes up. That's up to the states. There
are 20 or so states currently revising their beer-labeling laws to
accommodate high-alcohol boutique beers that can have stratospheric alcohol
contents (for beers).
DAD




-----Original Message-----
From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU] On Behalf Of
Victor Steinbok
Sent: Saturday, December 10, 2011 2:19 AM
To: ADS-L at LISTSERV.UGA.EDU
Subject: Re: Wine



http://goo.gl/0OlBX
27 CFR 7.71

Not FDA, although FDA usually controls names of products.

But there is also 27 CFR 211:
> (6) The term “wine” means (1) wine as defined in section 610
> andsection 617 of the Revenue Act of 1918 as now in force or hereafter
> amended, and (2) other alcoholic beverages not so defined, but 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, compounds sold
> as wine, vermouth, cider, perry and sake; in each instance only if
> containing not less than 7 per centum and not more than 24 per centum
> of alcohol by volume, and if for non-industrial use.
> (7) The term “malt beverage” means a beverage made by the alcoholic
> fermentation of an infusion or decoction, or combination of both, in
> potable brewing water, of malted barley with hops, or their parts, or
> their products, and with or without other malted cereals, and with or
> without the addition of unmalted or prepared cereals, other
> carbohydrates or products prepared therefrom, and with or without the
> addition of carbon dioxide, and with or without other wholesome
> products suitable for human food consumption.

Not exactly what I had in mind, but it's a start. 27 CFR 13.11 has
similar language. And more:

http://goo.gl/e8wj2
> TITLE 26 > Subtitle E > CHAPTER 51 > Subchapter F > PART III > § 5381
> § 5381. Natural wine
> Natural wine is the product of the juice or must of sound, ripe grapes
> or other sound, ripe fruit, made with such cellar treatment as may be
> authorized under section 5382 and containing not more than 21 percent
> by weight of total solids. Any wine conforming to such definition
> except for having become substandard by reason of its condition shall
> be deemed not to be natural wine, unless the condition is cor­rected.

I suspect the term BB is looking for is "spirits" rather than "alcoholic
beverage" or "alcohol". "Rice spirits" is a perfectly accurate
description, especially compared to "rice wine" (although "rice wine" is
legal for sake).

There is a Supreme Court case on point, but it's from 1894.

http://www.law.cornell.edu/supremecourt/text/152/570

VS-)

On 12/9/2011 6:15 PM, David A. Daniel wrote:
> I haven' read every page of every FDA regulation, but I don't believe the
FDA has anything to say about calling things beer or malt liquor etc. due to
alcohol content. That is up to the states and, in fact, some states have
higher or lower alcohol limits for "beer" than others. The FDA and the TTB
regulate certain very specific issues about labeling (like if you want to
call your beer "low alcohol" or "low carbohydrate") but, for example, as far
as the TTB is concerned, you don't even have to state the alcohol content on
your label unless it is a requirement of particular state law.
> DAD

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