27 C.F.R. Subpart G—Requirements Relating to Articles
Title 27 - Alcohol, Tobacco Products and Firearms
This subpart prescribes requirements relating to articles which may affect persons who are not required to obtain a permit under this part. These requirements, described in general terms §20.132, are imposed by law. Criminal penalties imposed for violating these requirements are described in §20.137. In this subpart, the term “article” means any substance or preparation in the manufacture of which denatured spirits are used, including the product obtained by further manufacture or by combination with other materials, if the article subjected to further manufacture or combination contained denatured spirits. (a) Internal medicinal preparations and flavoring extracts—(1) Manufacture. No person shall use denatured spirits in the manufacture of medicinal preparations or flavoring extracts for internal human use where any of the spirits remain in the finished product. (2) Sale. No person shall sell or offer for sale for internal human use any medicinal preparations or flavoring extracts manufactured from denatured distilled spirits where any of the spirits remain in the finished product. (3) Labeling and advertising. Labeling and advertising of articles shall not imply that the article is intended for or suitable for internal human use. (b) Beverage use. No person shall sell or offer for sale any article containing denatured spirits for beverage purposes. Labeling and advertising of articles shall not imply that the article is intended for or suitable for use as a beverage. (c) Trafficking in articles. The appropriate TTB officer may impose the requirements of §20.133 on any person who reprocesses, rebottles, or repackages articles, deals in articles, or receives articles in containers exceeding one gallon. (a) Upon written notice from the appropriate TTB officer, any person who reprocesses, rebottles, or repackages articles, deals in articles, or receives articles in containers exceeding one gallon may be required to submit any of the following: (1) Nature of activities to be conducted; (2) Name and address of supplier; (3) Size and type of containers in which articles will be received and, if applicable, rebottled or repackaged; (4) Maximum quantity of each article to be obtained during any calendar month; (5) Description of the reprocessing operation; (6) Samples of the reprocessed article; (7) Labels and advertising materials; and, (8) Names and addresses of recipients of articles and quantities received; (b) The appropriate TTB officer shall prohibit any of the activities described in paragraph (a) of this section if the activities pose a jeopardy to the revenue, or a burden in administering this part.
Title 27: Alcohol, Tobacco and Firearms
PART 20—DISTRIBUTION AND USE OF DENATURED ALCOHOL AND RUM
Subpart G—Requirements Relating to Articles
§ 20.131 Scope of subpart.
§ 20.132 General requirements.
§ 20.133 Registration of persons trafficking in articles.
§ 20.134 Labeling.
(a) General. Except as provided in paragraph (b) or (c) of this section, each article shall, before removal from the manufacturer's premises, have a label affixed to its immediate container identifying (1) the name, trade name or brand name of the article, and (2) the name and address (city and State) of the manufacturer or distributor of the article.
(b) Articles for external human use. Except as provided in paragraph (c) of this section, an article intended for external human use shall, before removal from the manufacturer's premises, have a label affixed to its immediate container identifying the name, trade name or brand name of the article. If the volume of the article in the container exceeds 8-fluid ounces, the label shall also show the information required by paragraph (b) (1) or (2) of this section.
(1) If the article was packaged or bottled by the person who manufactured it, the label shall identify—
(i) The manufacturer's name and the address (city and State) of the actual place or places where article was manufactured, or
(ii) The name and principal office address (city and State) of the manufacturer, and the permit number or numbers of the place or places of manufacture. However, in lieu of such permit number or numbers, the place or places where the manufacturing operation occurred may be indicated by a coding system. Prior to using a coding system, the manufacturer shall send a notice explaining the coding system to the appropriate TTB officer, or
(iii) The manufacturer's permit number and the name and address (city and State), of the person for whom the article was packaged and bottled.
(2) If the article was packaged or bottled by a person other than the manufacturer of the article, the label shall identify—
(i) The name and address (city and State) of the person by whom or for whom the article was packaged or bottled, and
(ii) The permit number of the manufacturer or distributor.
(3) If a permit number is required to be shown on the label, it may be shown utilizing a State code number, in accordance with §20.135.
(c) Shipment of unlabeled articles. A manufacturer may, subject to the approval of the appropriate TTB officer and compliance with §20.133, remove an unlabeled article from the manufacturer's premises, if the outer containers of the article are labeled with the name, trade name or brand name of the article and the names and addresses (city and State) of the manufacturer and the consignee.
(d) Use of the words “denatured alcohol.” If the words “denatured alcohol” appear on the label of an article, the label shall also have a name, trade name or brand name which appears as conspicuously as the words “denatured alcohol.”
(e) Use of the words “rubbing alcohol.” If the words “rubbing alcohol” appear on the label of an article, (1) the article shall be made in accordance with §20.118 of this part, and (2) the label (i) shall have the words “rubbing alcohol” in letters of the same color and size, (ii) shall identify the name and address (city and State) of the manufacturer or bottler, (iii) shall state the alcohol content as 70% by volume with no reference to the proof strength, and (iv) shall have the warning “For external use only. If taken internally, will cause serious gastric disturbances.” An alcohol rub made from any other material, such as isopropyl alcohol, shall not be labeled “Rubbing Alcohol” unless the label informs the consumer that the preparation was not made with specially denatured alcohol.
(f) Distributor labeling. Distributors of an article may place minimal identifying information (name, address and a phrase such as “distributed by”) on the label of that article (or on an additional label) without qualifying in any manner under this part; provided:
(1) The article is produced, packaged and labeled as provided in this part; and
(2) The distributor does not produce, repackage or reprocess the article.
(Approved by the Office of Management and Budget under control number 1512–0336)[T.D ATF–199, 50 FR 9162, Mar. 6, 1985, as amended by ATF–332, 57 FR 40849, Sept. 8, 1992]
§ 20.135 State code numbers.
In showing the permit number on labels as provided in §20.134(b)(2)(ii), the permittee who distributes the article may substitute the appropriate number shown below for the State abbreviation. For example, permit number SDA-CONN-1234 may be shown on the labels as SDA–07–1234. The code numbers for the respective State are as follows:
02—Alaska
03—Arizona
04—Arkansas
05—California
06—Colorado
07—Connecticut
08—Delaware
09—DC
10—Florida
11—Georgia
12—Hawaii
13—Idaho
14—Illinois
15—Indiana
16—Iowa
17—Kansas
18—Kentucky
19—Louisiana
20—Maine
21—Maryland
22—Massachusetts
23—Michigan
24—Minnesota
25—Mississippi
26—Missouri
27—Montana
28—Nebraska
29—Nevada
30—New Hampshire
31—New Jersey
32—New Mexico
33—New York
34—North Carolina
35—North Dakota
36—Ohio
37—Oklahoma
38—Oregon
39—Pennsylvania
40—Rhode Island
41—South Carolina
42—South Dakota
43—Tennessee
44—Texas
45—Utah
46—Vermont
47—Virginia
48—Washington
49—West Virginia
50—Wisconsin
51—Wyoming
§ 20.136 Labeling regulations of other agencies.
(a) General. Other Federal agencies have promulgated regulations which may affect labeling of articles, as described in this section.
(b) Consumer Product Safety Commission. The Consumer Product Safety Commission has promulgated regulations to administer the Federal Hazardous Substances Act. The regulations in 16 CFR Chapter II require warning labels for products containing certain specified substances. For example, S.D.A. Formula Nos. 3–A and 30 require warning labels because they contain methyl alcohol, a hazardous substance at levels of 4% or more by weight. Manufacturers, reprocessors, rebottlers, and repackagers who convey articles containing strong chemicals should refer to 16 CFR Chapter II for warning label requirements.
(c) Federal Trade Commission. The Federal Trade Commission (F.T.C.) has promulgated regulations to administer the Fair Packaging and Labeling Act. The regulations in 16 CFR Chapter I affect packaging and labeling of “consumer commodities.” The term “consumer commodities” generally means products intended for retail sale to an individual for personal or household use. The F.T.C. regulations do not apply to drugs, medical devices, or cosmetics for which the Food and Drug Administration enforces the Fair Packaging and Labeling Act (see paragraph (d) of this section). Manufacturers, reprocessors, rebottlers, and repackagers who convey articles which are “consumer commodities” should refer to 16 CFR Chapter I for packaging and labeling requirements.
(d) Food and Drug Administration, Department of Health and Human Services. The Food and Drug Administration has promulgated regualtions in 21 CFR Chapter I to administer the Fair Packaging and Labeling Act (as it applies to drugs, medical devices, or cosmetics) and the Federal Food, Drug and Cosmetic Act. Manufacturers, reprocessors, rebottlers, and repackagers who convey articles which are drugs, medical devices, or cosmetics should refer to 21 CFR Chapter I for packaging and labeling requirements.
§ 20.137 Penalties.
Violation of the requirements prescribed in §20.132 is punishable by a fine of not more than $10,000 and/or imprisonment for not more than 5 years for each offense. In addition, persons who manufacture (including reprocess), sell, or transport articles in violation of this part are liable for payment of a tax on the articles at the rate imposed by law on distilled spirits.
(Sec. 201, Pub. L. 85–859, 72 Stat. 1314, as amended, 1402 (26 U.S.C. 5001, 5607))
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