27 C.F.R. Subpart L—Storage, Treatment and Finishing of Wine
Title 27 - Alcohol, Tobacco Products and Firearms
Wine will be stored on bonded wine premises in buildings or tanks constructed and secured in accordance with the provisions of §§24.166 and 24.167. Wine will be stored in tanks, casks, barrels, cased or uncased bottles, or in any other suitable container, which will not contaminate the wine. Specifically authorized materials and processes for the treatment and finishing of wine are listed in §§24.246 and 24.248 of this subpart. (Sec. 201, Pub. L. 85–859, 72 Stat. 1378, as amended, 1379, as amended, 1383, as amended, 1395, as amended (26 U.S.C. 5352, 5357, 5382, 5552)) [T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–312, 56 FR 31079, July 9, 1991] (a) Conditions and limitations. If the proprietor wishes to use activated carbon or other decolorizing material to remove color from juice or wine, the following conditions and limitations will be met: (1) The wine will retain a vinous character after being treated with activated carbon or other decolorizing material; (2) The quantity of activated carbon used to treat the wine, including the juice from which the wine was produced, may not exceed twenty-five pounds per 1,000 gallons (3.0 grams per liter) (see paragraph (b) of this section); and (3) The wine treated with decolorizing material will have a color of not less than 0.6 Lovibond in a one-half inch cell or not more than 95 percent transmittance per AOAC Method 11.003–11.004 (see paragraph (c) of this section). However, the proprietor may produce a wine having a color of less than 0.6 Lovibond or more than 95 percent transmittance per AOAC Method 11.003–11.004 by using normal methods and without the use of decolorizing material. (b) Transfer in bond. When a consignor proprietor transfers wine treated with activated carbon or other decolorizing material to a consignee proprietor, the consignor proprietor shall record on the shipping record: (1) The amount of wine which has been treated under the provisions of this section; and (2) The quantity of decolorizing material used in treating the wine, including the juice from which the wine was produced, before its transfer. The consignee proprietor may further treat the wine with decolorizing material as long as the consignee proprietor has a copy of the shipping record and complies with the requirements of this section. (c) Incorporation by reference. The “Official Methods of Analysis of the Association of Official Analytical Chemists” (AOAC Method 11.003–11.004; 13th Edition 1980) is incorporated by reference in this part. This incorporation by reference was approved by the Director of the Federal Register, and is available for inspection or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.php. The publication is available from the Association of Official Analytical Chemists, 11 North 19th Street, Suite 210, Arlington, Virginia 22209. (Sec. 201, Pub. L. 85–859, 72 Stat. 1383, as amended (26 U.S.C. 5382)) [T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended at 69 FR 18803, Apr. 9, 2004] (a) Proprietor's notice. If the proprietor desires to remove color from juice prior to fermentation or if color in excess of that normally present in wine develops during the production or storage of a particular lot or lots, and if the proprietor desires to use activated carbon in excess of twenty-five pounds per 1,000 gallons (3.0 grams per liter) of juice or wine to remove this color, the proprietor, prior to starting the treatment, shall submit to the appropriate TTB officer a written notice for each lot of juice or wine to be treated for decolorization. The written notice will state (1) The reason for the treatment; (2) The volume, kind, and type of juice or wine to be treated; (3) The kind and quantity of decolorizing material to be used; and, (4) The length of time the decolorizing material is in contact with the juice or wine. (b) Action by the appropriate TTB officer on proprietor's notice. Upon receipt of the proprietor's notice, the appropriate TTB officer may require the proprietor to submit samples representative of the lot of juice or wine for examination by the TTB laboratory. (c) Samples and chemical analysis—(1) Samples. If the appropriate TTB officer requires samples under paragraph (b) of this section, the proprietor shall prepare samples representative of the lot of juice or wine for examination. The samples will consist of: (i) The juice or wine before treatment with decolorizing material, (ii) The juice or wine after treatment with decolorizing material, and (iii) The decolorizing material used. (2) Chemical analysis. If the TTB chemical analyses of the samples shows that the proposed treatment would remove only color and will not remove the vinous characteristics of the wine, the appropriate TTB officer will return an approved copy of the proprietor's written notice. If the TTB chemical analysis shows that the proposed treatment is not acceptable, the appropriate TTB officer will send the proprietor a letter stating the reason(s) for disallowing the proposed treatment. (Sec. 201, Pub. L. 85–859, 72 Stat. 1383, as amended (26 U.S.C. 5382)) [T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–409, 64 FR 13683, Mar. 22, 1999] Inert fibers, pulps, earths, or similar materials, may be used as filtering aids in the cellar treatment and finishing of wine. Agar-agar, carrageenan, cellulose, and diatomaceous earth are commonly employed inert filtering and clarifying aids. In general, there is no limitation on the use of inert materials and no records need be maintained concerning their use. However, if the inert material is dissolved in water prior to addition to wine, then the records required by §24.301 will be maintained. Filtering aids which contain active chemical ingredients or which may alter the character of wine, may be used only in accordance with the provisions of §24.246. (Sec. 201, Pub. L. 85–859, 72 Stat. 1383, as amended (26 U.S.C. 5382))
Title 27: Alcohol, Tobacco and Firearms
PART 24—WINE
Subpart L—Storage, Treatment and Finishing of Wine
§ 24.240 General.
§ 24.241 Decolorizing juice or wine.
§ 24.242 Authority to use greater quantities of decolorizing material in juice or wine.
§ 24.243 Filtering aids.
§ 24.244 Use of acid to stabilize standard wine.
Standard wine other than citrus wine, regardless of the fixed acid level, may be stabilized as a part of the finishing process by the addition of citric acid within the limitations of §24.246. Standard wine (including citrus wine) may be stabilized by the addition of fumaric acid within the limitations of §24.246. (Sec. 201, Pub. L. 85–859, 72 Stat. 1383, as amended (26 U.S.C. 5382))
§ 24.245 Use of carbon dioxide in still wine.
The addition of carbon dioxide to (and retention in) still wine is permitted if at the time of removal for consumption or sale the still wine does not contain more than 0.392 grams of carbon dioxide per 100 milliliters of wine. However, a tolerance of not more than 0.009 grams per 100 milliliters to the maximum limitation of carbon dioxide in still wine will be allowed where the amount of carbon dioxide in excess of 0.392 grams per 100 milliliters is due to mechanical variations which can not be completely controlled under good commercial practice. A tolerance will not be allowed where it is found that the proprietor continuously or intentionally exceeds 0.392 grams of carbon dioxide per 100 milliliters of wine or where the variation results from the use of methods or equipment determined by the appropriate TTB officer not in accordance with good commercial practice. The proprietor shall determine the amount of carbon dioxide added to wine using authorized test procedures. Penalties are provided in 26 U.S.C. 5662 for any person who, whether by manner of packaging or advertising or by any other form of representation, misrepresents any still wine to be effervescent wine or a substitute for effervescent wine. (Sec. 201, Pub. L. 85–859, 72 Stat. 1331, as amended, 1381, as amended, 1407, as amended (26 U.S.C. 5041, 5367, 5662))
[T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–409, 64 FR 13683, Mar. 22, 1999]
§ 24.246 Materials authorized for the treatment of wine and juice.
(a) Wine. Materials used in the process of filtering, clarifying, or purifying wine may remove cloudiness, precipitation, and undesirable odors and flavors, but the addition of any substance foreign to wine which changes the character of the wine, or the abstraction of ingredients which will change its character, to the extent inconsistent with good commercial practice, is not permitted on bonded wine premises. The materials listed in this section are approved, as being consistent with good commercial practice in the production, cellar treatment, or finishing of wine, and where applicable in the treatment of juice, within the general limitations of this section: Provided, That:
(1) When the specified use or limitation of any material on this list is determined to be unacceptable by the U.S. Food and Drug Administration, the appropriate TTB officer may cancel or amend the approval for use of the material in the production, cellar treatment, or finishing of wine; and
(2) Where water is added to facilitate the solution or dispersal of a material, the volume of water added, whether the material is used singly or in combination with other water based treating materials, may not total more than one percent of the volume of the treated wine, juice, or both wine and juice, from which such wine is produced.
(b) Formula wine. In addition to the material listed in this section, other material may be used in formula wine if approved for such use.
Materials Authorized for Treatment of Wine and Juice------------------------------------------------------------------------ Materials and use Reference or limitation------------------------------------------------------------------------Acacia (gum arabic): To clarify and The amount used shall not exceed 2 to stabilize wine. lbs/1000 gals. (0.24 g/L of wine. 21 CFR 184.1330 (GRAS) *See footnote below.Acetaldehyde: For color The amount used must not exceed 300 stabilization of juice prior to ppm, and the finished concentrate concentration. must have no detectable level of the material. 21 CFR 182.60 (GRAS).Activated carbon: To assist precipitation during 27 CFR 24.176. GRAS per FDA fermentation. advisory opinion dated 1/26/79. To clarify and to purify wine.. The amount used to clarify and purify wine shall be included in the total amount of activated carbon used to remove excessive color in wine. 27 CFR 24.241 and 24.242 (GRAS). To remove color in wine and/or The amount used to treat the wine, juice from which the wine was including the juice from which the produced. wine was produced, shall not exceed 25 lbs/1000 gal. (3.0 g/L). If the amount necessary exceeds this limit, a notice is required pursuant to 27 CFR 24.242 (GRAS).Albumen (egg white): Fining agent May be prepared in a light brine 1 for wine. oz. (28.35 grams) potassium chloride, 2 lbs (907.2 grams) egg white, 1 gal. (3.785 L) of water. Usage not to exceed 1.5 gals. of solution per 1,000 gals. of wine. (GRAS).Alumino-silicates (hydrated) e.g., 21 CFR §§ 182.2727, Bentonite (Wyoming clay) and 182.2729, 184.1155 (GRAS) and Kaolin: To clarify and to 186.1256. GRAS per FDA advisory stabilize wine or juice. opinion dated July 26, 1985.Ammonium phosphate (mono- and di The amount used shall not exceed 8 basic): Yeast nutrient in wine lbs. per 1000 gals. (0.96 g/L) of production and to start secondary wine. 21 CFR 184.1141 (GRAS). fermentation in the production of sparkling wines.Ascorbic acid iso-ascorbic acid May be added to grapes, other fruit (erythorbic acid): To prevent (including berries), and other oxidation of color and flavor primary wine making materials, or components of juice and wine. to the juice of such materials, or to the wine, within limitations which do not alter the class or type of the wine. 21 CFR 182.3013 and 182.3041 (GRAS).Calcium carbonate (with or without calcium salts of tartaric and malic acids): To reduce the excess natural The natural or fixed acids shall acids in high acid wine, and not be reduced below 5 g/L. 21 CFR in juice prior to or during 184.1069 and 184.1099, and fermentation.. 184.1191 (GRAS). A fining agent for cold The amount used shall not exceed 30 stabilization.. lbs/1000 gals. (3.59 g/L) of wine.Calcium pantothenate: Yeast The amount used must not exceed 0.1 nutrient to facilitate lb. per 25,000 gallons. 21 CFR fermentation of apple wine. 184.1212 (GRAS).Calcium sulfate (gypsum): To lower The sulfate content of the finished pH in sherry wine.. wine shall not exceed 2.0g/L, expressed as potassium sulfate. 27 CFR 24.214. 21 CFR 184.1230 (GRAS).Carbon dioxide (including food 27 CFR 24.245. grade dry ice): To stabilize * * * 21 CFR 184.1240 (GRAS). and to preserve wine.Casein, potassium salt of casein: GRAS per FDA opinions of 02/23/60 To clarify wine. and 08/25/61. 27 CFR 24.243.Citric acid: To correct natural acid 27 CFR 24.182 and 24.192. deficiencies in wine. 21 CFR 182.1033 (GRAS). To stabilize wine other than The amount of citric acid shall not citrus wine. exceed 5.8 lbs/1000 gals. (0.7 g/ L). 27 CFR 24.244. 21 CFR 182.1033 (GRAS).Copper sulfate: To remove hydrogen The quantity of copper sulfate sulfide and/or mercaptans from added (calculated as copper) must wine. not exceed 6 parts copper per million parts of wine (6.0 mg/L). The residual level of copper in the finished wine must not exceed 0.5 parts per million (0.5 mg/L). 21 CFR 184.1261 (GRAS).Defoaming agents (polyoxyethylene Defoaming agents which are 100% 40 monostearate, silicon dioxide, active may be used in amounts not dimethylpoly-siloxane, sorbitan exceeding 0.15 lbs/1000 gals. monostearate, glyceryl mono-oleate (0.018 g/L of wine. Defoaming and glyceryl dioleate): To control agents which are 30% active may be foaming, fermentation adjunct. used in amounts not exceeding 0.5 lbs/1000 gals. (0.06 g/L) of wine. Silicon dioxide shall be completely removed by filtration. The amount of silicon remaining in the wine shall not exceed 10 parts per million. 21 CFR 173.340 and 184.1505.Dimethyl dicarbonate: To sterilize and to stabilize Must meet the conditions prescribed wine, dealcoholized wine, and by FDA in 21 CFR 172.133. DMDC may low alcohol wine. be added to wine, dealcoholized wine, and low alcohol wine in a cumulative amount not to exceed 200 parts per million (ppm).Enzymatic activity: Various uses as The enzyme preparation used shall shown below. be prepared from nontoxic and nonpathogenic microorganisms in accordance with good manufacturing practice and be approved for use in food by either FDA regulation or by FDA advisory opinion. Carbohydrase (alpha-Amylase): The amylase enzyme activity shall To convert starches to be derived from Aspergillus niger, fermentable carbohydrates. Aspergillus oryzae, Bacillus subtilis, or barley malt per FDA advisory opinion of 8/18/83 or from Rhizopus oryzae per 21 CFR 173.130 or from Bacillus licheniformis per 21 CFR 184.1027. Carbohydrase (beta-Amylase): To The amylase enzyme activity shall convert starches to be derived from barley malt per fermentable carbohydrates. FDA advisory opinion dated 8/18/ 83. Carbohydrase (Glucoamylase, The amylase enzyme activity shall Amylogluco-sidase): To convert be derived from Aspergillus niger starches to fermentable or Aspergillus oryzae per FDA carbohydrates. advisory opinion dated 8/18/83 or from Rhizopus oryzae per 21 CFR 173.130 or from Rhizopus niveus per 21 CFR 173.110. Carbohydrase (pectinase, The enzyme activity used must be cellulase, hemicellulase): To derived from Aspergilius facilitate separation of juice aculeatus. FDA advisory opinion from the fruit. dated12/19/1996. Catalase: To clarify and to The enzyme activity used shall be stabilize wine. derived from Aspergillus niger or bovine liver per FDA advisory opinion dated 8/18/83 (GRAS). Cellulase: To clarify and to The enzyme activity used shall be stabilize wine and to derived from Aspergillus niger per facilitate separation of the FDA advisory opinion dated 8/18/83 juice from the fruit. (GRAS). Cellulase (beta-glucanase): To The enzyme activity must be derived clarify and filter wine. from Tricoderma longibrachiatu. The amount used must not exceed 3 g/hl. 21 CFR 184.1250 (GRAS). Glucose oxidase: To clarify and The enzyme activity used shall be to stabilize wine. derived from Aspergillus niger per FDA advisory opinion of 8/18/83 (GRAS). Lysozyme: To stabilize wines The amount used must not exceed 500 from malolactic acid bacterial mg/L. FDA advisory opinion dated degradation.. 12/15/93. Pectinase: To clarify and to The enzyme activity used shall be stabilize wine and to derived from Aspergillus niger per facilitate separation of juice FDA advisory opinion dated 8/18/83 from the fruit. (GRAS). Protease (general): To reduce The enzyne activity used shall be or to remove heat labile derived from Aspergillus niger or proteins. Bacillus subtilis per FDA advisory opinion dated 08/18/83 or from Bacillus licheniformis per 21 CFR 184.1027 (GRAS). Protease (Bromelin): To reduce The enzyme activity used shall be or to remove heat labile derived from Ananus comosus or proteins. Ananus bracteatus (L) per FDA advisory opinion dated 08/18/83 (GRAS). Protease (Ficin): To reduce or The enzyme activity used shall be to remove heat labile proteins. derived from Ficus spp. per FDA advisory opinion dated 08/18/83 (GRAS). Protease (Papain): To reduce or The enzyme activity used shall be to remove heat labile proteins. deived from Carica papaya (L) per 21 CFR 184.1585 (GRAS). Protease (Pepsin): To reduce or The enzyme actvity used shall be to remove heat labile proteins. derived from porcine or bovine stomachs per FDA advisory opinion dated 08/18/83 (GRAS). Protease (Trypsin): To reduce The enzyme activity used shall be or to remove heat labile derived from porcine or bovine proteins. pancreas per FDA advisory opinion dated 08/18/83 (GRAS). Urease: To reduce levels of The urease enzyme activity shall be naturally occurring urea in derived from Lactobacillus wine to help prevent the fermentum per 21 CFR 184.1924. Use formation of ethyl carbamate. is limited to not more than 200 mg/ L and must be filtered prior to final packaging of the wine.Ethyl maltol: To stabilize wine.... Use authorized at a maximum level of 100mg/L in all standard wines except natural wine produced from Vitis vinifera grapes. FDA advisory opinion dated 12/1/86.Ferrocyanide compounds (sequestered No insoluble or soluble residue in complexes): To remove trace metal excess of 1 part per million shall from wine and to remove remain in the finished wine and objectionable levels of sulfide the basic character of the wine and mercaptans from wine. shall not be changed by such treatment. GRAS per FDA advisory opinion of 06/22/82.Ferrous sulfate: To clarify and to The amount used shall not exeed 3 stabilize wine. ozs./1000 gals. (0.022 g/L) of wine. 21 CFR 184.1315 (GRAS).Fumaric acid: To correct natural acid The fumaric acid content of the deficiencies in grape wine. finished wine shall not exceed 25 lbs/1000 gals (3.0 g/L). 27 CFR 24.182 and 24.192. 21 CFR 172.350. To stabilize wine.............. The fumaric acid content of the finished wine shall not exceed 25 lbs/1000 gals (3.0 g/L). 27 CFR 24.244. 21 CFR 172.350.Gelatin (food grade): To clarify (GRAS). juice or wine.Granular cork: To smooth wine...... The amount used shall not exceed 10 lbs/1000 gals. of wine (1.2 g/L). GRAS per FDA advisory opinion dated 02/25/85.Isinglass: To clarify wine......... GRAS per FDA advisory opinion dated 02/25/85.Lactic acid: To correct natural 27 CFR 24.182 and 24.192. acid deficiencies in grape wine. 21 CFR 184.1061 (GRAS).Malic acid: To correct natural acid 27 CFR 24.182 and 24.192. 21 CFR deficiencies in juice or wine. 184.1069 (GRAS).Malo-lactic bacteria: To stabilize Malo-lactic bacteria of the type grape wine. Leuconostoc oenos may be used in treating wine. GRAS per FDA advisory opinion dated 02/25/85.Maltol: To stabilize wine.......... Use authorized at a maximum level of 250 mg/L in all standard wine except natural wine produced from Vitis vinifera grapes. FDA advisory opinion dated 12/1/86.Milk products (pasteurized whole, skim, or half-and-half): Fining agent for grape wine or The amount used must not exceed 2.0 sherry. liters of pasteurized milk per 1,000 liters (0.2 percent V/V) of wine. To remove off flavors in wine.. The amount used must not exceed 10 liters of pasteurized milk per 1,000 liters (1 percent V/V) of wine.Nitrogen gas: To maintain pressure 21 CFR 184.1540 (GRAS). during filtering and bottling or canning of wine and to prevent oxidation of wine.Oak chips or particles, uncharred 21 CFR 172.510. and untreated: To smooth wine.Oxygen and compressed air: May be used in juice and wine.. None.Polyvinyl-polypyr-rolidone (PVPP): To clarify and to stabilize The amount used to treat the wine, wine and to remove color from including the juice from which the red or black wine or juice. wine was produced, shall not exceed 60 lbs/1,000 gals. (7.19 g/ L) and shall be removed during filtration. PVPP may be used in a continuous or batch process. The finished wine shall retain vinous character and shall have color of not less than 0.6 Lovibond in a one-half inch cell or not more than 95 percent transmittance per **AOAC Method 11.003-11.004 (14th Ed.). 21 CFR 173.50.Potassium bitartrate: To stabilize The amount used shall not exceed 35 grape wine. lbs/1000 gals. (4.19 g/L) of grape wine. 21 CFR 184.1077 (GRAS).Potassium carbonate and/or potassium bicarbonate To reduce excess natural The natural or fixed acids shall acidity in wine, and in juice not be reduced below 5 parts per prior to or during thousand (5 g/L). 21 CFR 184.1619 fermentation. and 184.1613 (GRAS).Potassium citrate: pH control agent The amount of potassium citrate and sequestrant in treatment of shall not exceed 25 lbs/1000 gals. citrus wines. (3.0 g/L) of finished wine. 27 CFR 24.182. 21 CFR 182.1625 and 182.6625 (GRAS).Potassium meta-bisulfite: To The sulfur dioxide content of the sterilize and to preserve wine. finished wine shall not exceed the limitations prescribed in 27 CFR 4.22. 21 CFR 182.3637 (GRAS).Silica gel (colloidal silicon Use must not exceed the equivalent dioxide): To clarify wine or juice. of 20 lbs. colloidal silicon dioxide at a 30% concentration per 1000 gals. of wine. (2.4 g/L). Silicon dioxide must be completely removed by filtration. 21 CFR 172.480.Sorbic acid and potassium salt of The finished wine shall contain not sorbic acid: To sterilize and to more than 300 milligrams of sorbic preserve wine; to inhibit mold acid per liter of wine. 21 CFR growth and secondary fermentation. 182.3089 and 182.3640 (GRAS).Soy flour (defatted): Yeast The amount used shall not exceed 2 nutrient to facilitate lbs/1000 gals. (0.24 g/L) of wine. fermentation of wine. (GRAS).Sulfur dioxide: To sterilize and to The sulfur dioxide content of the preserve wine. finished wine shall not exceed the limitations prescribed in 27 CFR 4.22(b)(1). 21 CFR 182.3862 (GRAS).Tannin: To adjust tannin content in The residual amount of tannin shall apple juice or in apple wine. not exceed 3.0 g/L, calculated as gallic acid equivalents (GAE). GRAS per FDA advisory opinions dated 4/6/59 and 3/29/60. Total tannin shall not be increased by more than 150 milligrams/liter by the addition of tannic acid (polygalloylglucose). To clarify or to adjust tannin The residual amount of tannin, content of juice or wine calculated in gallic acid (other than apple). equivalents, shall not exceed 0.8 g/L in white wine and 3.0 g/L in red wine. Only tannin which does not impart color may be used in the cellar treatment of juice or wine. GRAS per FDA advisory opinions dated 4/6/59 and 3/29/60. Total tannin shall not be increased by more than 150 milligrams/liter by the addition of tannic acid (poly- galloylglucose).Tartaric acid: To correct natural acid Use as prescribed in 27 CFR 24.182 deficiencies in grape juice/ and 24.192. 21 CFR 184.1099 wine and to reduce the pH of (GRAS). grape juice/wine where ameliorating material is used in the production of grape wine.Thiamine hydrochloride: Yeast The amount used shall not exceed nutrient to facilitate 0.005 lb/1000 gals. (0.6 mg/L) of fermentation of wine. wine or juice. 21 CFR 184.1875 (GRAS).Yeast, autolyzed: Yeast nutrient to 21 CFR 172.896 and 184.1983. GRAS facilitate fermentation in the per FDA advisory opinion of 10/06/ production of grape or fruit wine. 59.Yeast, cell wall/membranes of The amount used shall not exceed 3 autolyzed yeast: To facilitate lbs/1000 gals. (0.36 g/L) of wine fermentation of juice/wine. or juice. (GRAS).------------------------------------------------------------------------* GRAS_An acronym for ``generally recognized as safe.'' The term means that the treating material has an FDA listing in Title 21, Code of Federal Regulations, Part 182 or Part 184, or is considered to be generally recognized as safe by advisory opinion issued by the U.S. Food and Drug Administration.** AOAC_Association of Official Analytical Chemists.*** To stabilize_To prevent or to retard unwanted alteration of chemical and/or physical properties.
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(Sec. 201, Pub. L. 85–859, 72 Stat. 1383, as amended (26 U.S.C. 5381, 5382, 5385, 5386, and 5387)) [T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–312, 56 FR 31079, July 9, 1991; T.D. ATF–350, 58 FR 52231, Oct. 7, 1993; T.D. ATF–350, 60 FR 38959, July 31, 1995; T.D. ATF–371, 61 FR 21079, May 9, 1996; T.D. ATF–409, 64 FR 13683, Mar. 22, 1999; T.D. TTB–17, 69 FR 67643, Nov. 19, 2004] § 24.247 Materials authorized for the treatment of distilling material.The materials listed in this section as well as the materials listed in §24.246 are approved as being acceptable in good commercial practice for use by proprietors in the treatment of distilling material within the limitations specified in this section: Provided, That when the specified use or limitation of any material on this list is determined to be unacceptable by the U.S. Food and Drug Administration, the appropriate TTB officer may cancel or amend the approval for use of the material in the treatment of distilling material. |
------------------------------------------------------------------------ Reference or Materials Use limitation------------------------------------------------------------------------Ammonium phosphate (mono- and Yeast nutrient in The amount used shall di basic. distilling not exceed 10 lbs/ material. 1000 gals. (1.2 g/ L). 21 CFR 184.1141 (GRAS).\1\ See footnote below.Benzoic acid, potassium and To prevent The amount used shall sodium salts of benzoic acid. fermentation of not exceed 0.1% (w/ the sugar in v) as benzoic acid. wine being GRAS per FDA accumulated as advisory opinions distilling dated 9/22/82 and 9/ material. 8/83. 21 CFR 184.1021 and 184.1733 (GRAS).Enzyme activity............... ................. The enzyme preparation used shall be prepared from nontoxic and nonpathogenic microorganisms in accordance with good manufacturing practice and be approved for use in food by either FDA regulation or by FDA advisory opinion.Carbohydrase (alpha- Amylase). To convert The amylase enzyme starches to activity shall be fermentable derived from carbohydrates. Aspergillus niger, Aspergillus oryzae, Bacillus subtilis, or barley malt per FDA advisory opinion of 8/18/83 or from Rhizopus oryzae per 21 CFR 173.130 or from Bacillus licheniformis per 21 CFR 184.1027.Carbohydrase (beta- Amylase).. To convent The amylase enzyme starches to activity shall be fermentable derived from barley carbohydrates. malt per FDA advisory opinion dated 8/18/83.Carbohydrase (Glucoamylase, To convent The amylase enzyme Amylogluco-sidase). starches to actvity shall be fermentable derived from carbohydrates. Aspergillus niger or Aspergillus oryzae per FDA advisory opinion dated 8/18/ 83 or from Rhizopus oryzae per 21 CFR 173.130 or from Rhizopus niveus per 21 CFR 173.110.Copper sulfate................ To eliminate The finished brandy hydrogen sulfide or wine spirits and mercaptans. produced from distilling material to which copper sulfate has been added shall not contain more than 2 parts per million (2 mg/L) residual copper. GRAS per FDA advisory opinion of 7/23/69.Hydrogen peroxide............. To reduce the The amount used shall bisulfite not exceed 200 parts aldehyde complex per million. 21 CFR in distilling 184.1366 (GRAS). material.Potassium permanganate........ Oxidizing agent.. The finished brandy or wine spirits produced from distilling material to which potassium permanganate has been added must be free of chemical residue resulting from such treatment. (GRAS)Sodium hydroxide.............. Acid neutralizing The finished brandy agent. or wine spirits produced from distilling material to which sodium hydroxide has been added must be free of chemical residue resulting from such treatment. 21 CFR 184.1763 (GRAS).Sulfuric acid................. To effect 27 CFR 24.216 (GRAS), favorable yeast 21 CFR 184.1095 development in (GRAS). distilling material; to prevent fermentation of the sugar in wine being accumulated as distilling material; to lower pH to 2.5 in order to prevent putrefaction and/ or ethyl acetate development.------------------------------------------------------------------------\1\ GRAS_An acronym for ``generally recognized as safe.'' The term means that the treating material has an FDA listing in title 21, Code of Federal Regulations, part 182 or part 184, or is considered to be generally recognized as safe by the U.S. Food and Drug Administration.
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(Sec. 201, Pub. L. 85–859, 72 Stat. 1383, as amended (26 U.C.S. 5381, 5382, 5385, 5386, and 5387)). [T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–409, 64 FR 13683, Mar. 22, 1999] § 24.248 Processes authorized for the treatment of wine, juice, and distilling material.Any process which changes the character of the wine to the extent inconsistent with good commercial practice is not permitted on bonded wine premises. The processes listed in this section are approved as being consistent with good commercial practice for use by proprietors in the production, cellar treatment, or finishing of wine, juice, and distilling material, within the general limitations of this section: Provided, That when the specified use or limitation of any process on this list is determined to be unacceptable for use in foods and beverages by the U.S. Food and Drug Administration, the appropriate TTB officer may cancel or amend the approval for use of the process in the production, cellar treatment, or finishing of wine, juice, and distilling material. |
Processes Authorized for the Treatment of Wine, Juice, and Distilling Material------------------------------------------------------------------------ Reference or Processes Use limitation------------------------------------------------------------------------Electrodialysis............... To aid in the This process must not removal of alter the vinous tartrates. character of the wine.Elimination of sulfur dioxide To reduce the Use of a physical by physical process. sulfur dioxide process to remove content of juice. sulfur dioxide from juice must not alter the basic character of the juice so treatedIon exchange.................. Various Anion, cation, and applications in non-ionic resins, the treatment of except those anionic juice or wine: resins in the mineral acid state, may be used in batch or continuous column processes as total or partial treatment of wine, provided that with regard to juice or finished wine; 1. Such treatment does not alter the fruit character of the juice or wine. 2. The treatment does not reduce the color of the juice or wine to less than that normally contained in such juice or wine. 3. Treatment does not increase inorganic anions in the juice or wine by more than 10 mg/L. 4. The treatment does not reduce the metallic cation concentration in the juice or wine to less than 300 mg/L. 5. The treatment does not reduce natural or fixed acid in grape wine below 4 g/ L for red table wines, 3 g/L for white table wines, 2.5 g/L for all other grape wines, 4 g/L for wine other than grape wine. 6. Treatment does not reduce the pH of the juice or wine to less than pH 2.8 nor increase the pH to more than pH 4.5. 7. The resins used have not imparted to the juice or wine any material or characteristic (incidental to the resin treatment) which may be prohibited under any other section of the regulations in this part. The winemaker may employ conditioning and/or regenerating agents consisting of water, fruit acids common to the wine or juice being treated, and inorganic acids, salts and/or bases provided the conditioned or regenerated resin is rinsed with water until the resin and container are essentially free from unreacted (excess) conditioning or regenerating agents prior to the introduction of the juice or wine. 21 CFR 173.25.Metal reducing matrix sheet To reduce the (1) The active processing. level of metals ingredient, such as copper polyvinylimidazol, and iron in wine. must not constitute more than 40% by weight of the sheet. (2) Use of the sheet must not significantly alter the color of the wine.Nanofiltration................ To reduce the This process must use level of permeable membranes volatile acidity which are selective in wine (used for molecules not with ion greater than 150 exchange). molecular weight with transmembrane pressures of 250 psi or less.Osmotic transport \1\......... For alcohol (1) Use must not reduction. alter the vinous character of the wine (2) None of the stripping solution may migrate into the wine.Reverse osmosis \1\........... To reduce the Permeable membranes ethyl alcohol which are selective content of wine for molecules not and to remove greater than 500 off flavors in molecular weight wine. with transmembrane pressures of 200 psi and greater. The addition of water other than that originally present prior to processing will render standard wine ``other than standard.'' Use shall not alter vinous character.Spinning cone column \1\...... To reduce the Use shall not alter ethyl alcohol vinous character. content of wine For standard wine, and to remove the same amount of off flavors in essense must be wine. added back to any lot of wine as was originally removed.Sulfide reducing matrix sheet To reduce the (1) The active processing. level of ingredient, sulfides in wine. polyvinylimidazol, must not constitute more than 40% by weight of the sheet. (2) Use of the sheet must not significantly alter the color of the wine.Thermal gradient processing... To separate wine The fractions derived into low alcohol from such processing and high alcohol shall retain vinous wine fractions. character. Such treatment shall not increase the alcohol content of the high alcohol fraction to more than 24 percent by volume. The addition of water other than that originally present in the wine prior to processing will render standard wine ``other than standard.'' To separate juice The low Brix fraction into low Brix derived from such and high Brix processing may be juice fractions. used in wine production. The high Brix fraction derived from such processing shall not be diluted with water for use in wine production.Thin-film evaporation under To separate wine Use shall not alter reduced pressure \1\. into a low vinous character. alcohol wine Water separated with fraction and alcohol during into a higher processing may be alcohol recovered by distillate. refluxing in a closed continuous system and returned to the wine. The addition of water other than that originally present in the wine prior to processing, will render standard wine ``other than standard.''Ultrafiltration............... To remove Permeable membranes proteinaceous which are selective material from for molecules wine; to reduce greater than 500 and harsh tannic less than 25,000 material from molecular weight white wine with transmembrane produced from pressures less than white skinned 200 psi. Use shall grapes; to not alter vinous remove pink character. 21 CFR color from blanc 175.300, 177.1520, de noir wine; to 177.1550, 177.1630, separate red 177.2440, 177.2600, wine into low and 177.2910. color and high color wine fractions for blending purposes.------------------------------------------------------------------------\1\ This process must be done on distilled spirits plant premises. However, reverse osmosis, under certain limited conditions, may be used on bonded winery premises if ethyl alcohol is only temporarily created within a closed system.
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(Sec. 201, Pub. L. 85–859, 72 Stat. 1383, as amended (26 U.S.C. 5381, 5382, 5385, 5386, and 5387)). [T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–312, 56 FR 31081, July 9, 1991; T.D. ATF–350, 58 FR 52232, Oct. 7, 1993; T.D. ATF–371, 61 FR 21079, May 9, 1996; T.D. ATF–409, 64 FR 13683, Mar. 22, 1999; T.D. TTB–17, 69 FR 67644, Nov. 19, 2004] § 24.249 Experimentation with new treating material or process.(a) General. The proprietor may, under the provisions of this section, conduct on bonded wine premises such experimentation with a treating material or process as the appropriate TTB officer finds may be conducted in a manner that will not jeopardize the revenue, conflict with wine operations, or be contrary to law. (b) Application. The proprietor who wants to conduct experimentation must file an application with the appropriate TTB officer setting forth in detail the experimentation to be conducted and the facilities and equipment to be used. The proposed experimentation must not be conducted until the appropriate TTB officer has determined that the conduct of such experimentation must not jeopardize the revenue, conflict with wine operations, or be contrary to law, and has approved the application. (c) Segregation of operations. Experimentation authorized under this section will be conducted with the degree of segregation from wine operations as may be required by the appropriate TTB officer under the provisions of §24.27. (d) Records. The proprietor shall, with respect to each experiment authorized by this section, keep records of the kind and quantity of materials received and used and the volume of wine treated and the manner by which disposed. (e) Disposition of the wine. The disposition of the wine subjected to experimental treatment will conform to the conditions stated in the authorization to conduct the experimentation. (Sec. 201, Pub. L. 85–859 (72 Stat. 1383, as amended (26 U.S.C. 5361, 5382)) (Approved by the Office of Management and Budget under control numbers 1512–0292 and 1512–0298)[T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–409, 64 FR 13683, 13685, Mar. 22, 1999] § 24.250 Application for use of new treating material or process.(a) General. If the proprietor desires to use a material or process which is not specifically authorized in §§24.246, 24.247, 24.248, or elsewhere in this part, an application shall be filed with the appropriate TTB officer to show that the proposed material or process is a cellar treatment consistent with good commercial practice. (b) Data required. The application will include the following: (1) The name and description of the material or process; (2) The purpose, the manner, and the extent to which the material or process is to be used together with any technical bulletin or other pertinent information relative to the material or process; (3) A sample, if a proposed material; (4) Documentary evidence of the U.S. Food and Drug Administration's approval of the material for its intended purpose in the amounts proposed for the particular treatment contemplated; (5) The test results of any laboratory-scale pilot study conducted by the winemaker in testing the material and an evaluation of the product and of the treatment including the results of tests of the shelf life of the treated wine; (6) A tabulation of pertinent information derived from the testing program conducted by the chemical manufacturer demonstrating the function of the material or process; (7) A list of all chemicals used in compounding the treating material and the quantity of each component; (8) The recommended maximum and minimum amounts, if any, of the material proposed to be used in the treatment and a statement as to the volume of water required, if any, to facilitate the addition of the material or operation of the process; and (9) Two 750-milliliter samples representative of the wine before and after treatment. Information of a confidential or proprietary nature to the manufacturer or supplier of the treating material or process may be forwarded by the manufacturer or supplier to the appropriate TTB officer with a reference to the application filed by the winemaker. Information contained within the winemaker's application can be disclosed to the public, subject to the limitations of 26 U.S.C. 6103 and 7213. (c) Use of cellar treatment. The proprietor may not use the proposed treating material or process until a determination has been made by the appropriate TTB officer that the intended use of the material or process is acceptable in good commercial practice. (d) Processing of application. After evaluation of the data submitted with the application, the appropriate TTB officer will make a decision regarding the acceptability of the proposed treatment in good commercial practice. The appropriate TTB officer will notify the proprietor of the approval or disapproval of the application. (Sec. 201, Pub. L. 85–859, 72 Stat. 1383, as amended (26 U.S.C. 5381, 5382, 5385, 5386, and 5387)) (Approved by the Office of Management and Budget under control numbers 1512–0292 and 1512–0298)[T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–409, 64 FR 13683, 13685, Mar. 22, 1999] Bottling, Packing, and Labeling of Wine§ 24.255 Bottling or packing wine.(a) General. Proprietors of a bonded wine premises and a taxpaid wine bottling house premises shall be held strictly responsible for the correct determination of the quantity and alcohol content of wine removed. As required by §24.170, appropriate and accurate measures and instruments for measuring and testing the wine will be provided at each wine premises. (b) Bottle or other container fill. Proprietors of bonded wine premises and taxpaid wine bottling house premises shall fill bottles or other containers as nearly as possible to conform to the amount shown on the label or blown in the bottle or marked on any container other than a bottle; but in no event may the amount of wine contained in any individual bottle, due to lack of uniformity of the bottles, vary from the amount stated more than 1.0 percent for 15.0 liters and above, 1.5 percent for 1.0 liter to 14.9 liters, 2.0 percent for 750 mL, 3.0 percent for 375 mL, 4.5 percent for 187 mL and 100 mL, and 9.0 percent for 50 mL; and in such case, there will be substantially as many bottles overfilled as there are bottles underfilled for each lot of wine bottled. Short-filled bottles or other containers of wine which are sold or otherwise disposed of by the proprietor to employees for personal consumption need not be labeled, but, if labeled, need not show an accurate statement of net contents. (c) Tax tolerance. The net contents of bottles or other containers of untaxpaid wine in the same tax class filled during six consecutive tax return periods, as determined from the bonded wine premises proprietor's fill test records, shall not vary by more than 0.5 percent from the net contents as stated on the bottles or other containers. The bonded wine premises proprietor is liable for the tax on the entire amount of wine in the same tax class when that wine is removed from bond, without benefit of tolerance, when the fill of bottles or other containers exceeds a 0.5 percent average of a period which consists of six consecutive tax returns, or when filling is not conducted in compliance with good commercial practice. (d) Fill tests. The proprietor shall test at representative intervals wine bottled or packed during the bottling or packing operation of each bottling or packing line to determine if the wine contained in the bottle or other container is in agreement with that stated on the label, bottle, or other container. (e) Alcohol tests. The proprietor shall test the alcohol content by volume to determine the tax class of the wine and to ensure the alcohol content to be stated on the label is in agreement with the requirement of §24.257. (Sec. 201, Pub. L. 85–859, 72 Stat. 1381, as amended (26 U.S.C. 5368)) (Approved by the Office of Management and Budget under control numbers 1512–0298 and 1512–0503)§ 24.256 Bottle aging wine.Wine bottled or packed and stored for the purpose of aging need not have labels affixed until the wine is removed for consumption or sale. However, the bins, pallets, stacks, cases or containers of unlabeled wine will be marked in some manner to show the kind (class and type) and alcohol content of the wine. If the unlabeled wine is stored at a location other than the bottling or packing winery, the registry number of the bottling or packing winery will also be shown. (Sec. 201, Pub. L. 85–859, 72 Stat. 1381, as amended, 1407, as amended (26 U.S.C. 5368, 5662)) (Approved by the Office of Management and Budget under control number 1512–0503)§ 24.257 Labeling wine containers.(a) The proprietor must label each bottle or other container of beverage wine prior to removal for consumption or sale. The minimum type size for information required by this section is: 2 millimeters for containers of more than 187 milliliters and 1 millimeter for containers of 187 milliliters or less. The maximum type size for alcohol content statements is 3 millimeters unless the container is larger than 5 liters. The label must be securely affixed and show: (1) The name and address of the wine premises where bottled or packed; (2) The brand name, if different from above; (3) The alcohol content as percent by volume or the alcohol content stated in accordance with 27 CFR part 4. For wine with less than 7 percent alcohol by volume stated on the label there is allowed an alcohol content tolerance of plus or minus .75 percent by volume; and (4) The kind of wine, shown as follows: (i) If the wine contains 7 percent or more alcohol by volume and must have label approval under 27 CFR part 4, the kind of wine is the class, type, or other designation provided in that part. (ii) If the wine has an exemption from label approval, an adequate statement of composition may be used instead of the class and type in 27 CFR part 4. (iii) If the wine contains less than 7 percent alcohol by volume, an adequate statement of composition may be used instead of the class and type in 27 CFR part 4. The rules in 27 CFR part 4 pertaining to label approval and standards of fill do not apply to wine under 7 percent alcohol by volume. The rules in 27 CFR part 16 requiring a Health Warning Statement do apply to all wines over 1/2 percent alcohol. Except for the rules noted in this section, labeling of wines under 7 percent alcohol is under the jurisdiction of the Food and Drug Administration. (iv) The statement of composition must include enough information to identify the tax class when viewed with the alcohol content. First, the wine should be identified by the word “wine,” “mead,” “cider” or “perry,” as applicable. If the wine contains more than 0.392 grams of carbon dioxide per 100 milliliters, the word “sparkling” or “carbonated,” as applicable, must be included in the statement of composition. If the statement of composition leaves doubt as to the tax class of the wine, the wine must be marked “tax class 5041(b)(1) IRC” or an equivalent phrase. For example, a still wine marked “wine” and “16 percent alcohol by volume” is adequately marked to identify its tax class as 5041(b)(2). A still wine marked “hard cider” and “9 percent alcohol by volume” is adequately marked to identify its tax class as 5041(b)(1). A still wine marked “raspberry hard cider” and “9 percent alcohol by volume” is adequately marked to identify its tax class as 5041(b)(1). A still wine eligible for the hard cider tax rate marked “cider” or “hard cider” and “6 percent alcohol by volume” is adequately marked to identify its tax class as 5041(b)(6). However, if a still wine that is not eligible for the hard cider tax rate is marked “cider” or “hard cider” and “6 percent alcohol by volume” it is not adequately marked to identify its tax class as 5041(b)(1), so the tax class must be shown. (5) The net content of the container unless the net content is permanently marked on the container as provided in 27 CFR part 4. (b) The information shown on any label applied to bottled or packed wine is subject to the recordkeeping requirements of §24.314. (Sec. 201, Pub. L. 85–859, 72 Stat. 1381, as amended, 1407, as amended (26 U.S.C. 5368, 5388, 5662)) (c) Use of semi-generic designations—(1) In general. Semi-generic designations may be used to designate wines of an origin other than that indicated by such name only if— (i) There appears in direct conjunction therewith an appropriate appellation of origin, as defined in part 4 of this chapter, disclosing the true place of origin of the wine, and (ii) The wine so designated conforms to the standard of identity, if any, for such wine contained in part 4 of this chapter or, if there is no such standard, to the trade understanding of such class or type. (2) Determination of whether a name is semi-generic—(i) In general. Except as provided in paragraph (c)(2)(ii) of this section, a name of geographic significance, which is also the designation of a class or type of wine, shall be deemed to have become semi-generic only if so found by the Administrator. (ii) Certain names treated as semi-generic. The following names shall be treated as semi-generic: Angelica, Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine Wine or Hock, Sauterne, Haut Sauterne, Sherry, Tokay. (See: 26 U.S.C. 5368, 5388, 5662) (Approved by the Office of Management and Budget under control number 1512–0503)[T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–312, 56 FR 31082, July 9, 1991; T.D. ATF–350, 58 FR 52232, Oct. 7, 1993; T.D. ATF–398, 63 FR 44783, Aug. 21, 1998; T.D. ATF–470, 66 FR 58944, Nov. 26, 2001] § 24.258 Certificates of approval or exemption.The proprietor shall obtain a certificate of label approval or a certificate of exemption from label approval as required by 27 CFR part 4. (August 29, 1935, ch. 814, Sec. 5, 49 Stat. 981, as amended (27 U.S.C. 205)) § 24.259 Marks.(a) Required marks. Each container larger than four liters or each case used to remove wine for consumption or sale will be durably marked to show the following information: (1) The serial number or filling date as provided in §24.260; (2) The name (or trade name) and the registry number of the bottlers wine premises; (3) The kind (class and type) and the alcohol content of the wine. The kind of wine and alcohol content will be stated in accordance with §24.257. The formula number will be marked on bulk containers of special natural wine or other wine produced under §24.218; (4) The net contents of each container larger than four liters or each case in wine gallons, or for containers larger than four liters or cases filled according to metric measure, the contents in liters. If wine is removed in cases, the cases may be marked to show the number and size of bottles or other containers in each case in lieu of the net contents of the case; and (5) Except for cases, the date of removal or shipment. (b) Application of marks. Required marks may be cut, printed, or otherwise legibly and durably marked upon the container larger than four liters or the case or placed on a label or tag securely affixed to the case or container larger than four liters. (c) Location of marks. Required marks will be placed on a container larger than four liters or on the side of a case for ready examination by appropriate TTB officers. (Sec. 201, Pub. L. 85–859, 72 Stat. 1381, as amended, 1387, as amended, 1407, as amended (26 U.S.C. 5368, 5388, 5662)) (Approved by the Office of Management and Budget under control number 1512–0503)[T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–312, 56 FR 31082, July 9, 1991; T.D. ATF–409, 64 FR 13684, Mar. 22, 1999] § 24.260 Serial numbers or filling date.Each container larger than four liters or each case used for removing wine for consumption or sale will be marked with a serial number or filling date at the time of filling or when such containers or cases are prepared for removal. Serial numbers will commence with “1” and continue until the numeral “1,000,000” is reached, whereupon the series may recommence with the numeral “1.” However, the proprietor may initiate a new series after the numeral “1,000,000” has been reached provided no numeral will be used more than once during a 12-month period. If desired, a separate series of numbers with letter prefixes may be used for containers larger than four liters and for cases, or for cases filled on different bottling lines, or for removals from different loading docks. The proprietor may mark containers larger than four liters or the cases with the filling date in lieu of using a serial number or use both a serial number and the filling date. However, if the proprietor desires to change from the use of a serial number to use of a filling date, or vice versa, a notice will be sent to the appropriate TTB officer before making the change. Where United States or foreign wine is recased, the cases will be marked with the date of recasing, preceded by the letter “R”, in lieu of serial number or filling date. (72 Stat. 1381; 26 U.S.C. 5367, 5368) (Approved by the Office of Management and Budget under control number 1512–0503)[T.D. ATF–299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF–312, 56 FR 31082, July 9, 1991; T.D. 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