[Title 27 CFR ]
[Code of Federal Regulations (annual edition) - April 1, 2003 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    27


          Parts 1 to 199

                         Revised as of April 1, 2003

Alcohol, Tobacco Products and Firearms





          Containing a codification of documents of general 
          applicability and future effect
          As of April 1, 2003
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003



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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 27:
          Chapter I--Alcohol and Tobacco Tax and Trade Bureau, 
          Department of the Treasury                                 3
  Finding Aids:
      Material Approved for Incorporation by Reference........    1129
      Table of CFR Titles and Chapters........................    1131
      Alphabetical List of Agencies Appearing in the CFR......    1149
      List of CFR Sections Affected...........................    1159



[[Page iv]]


      


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

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  27 CFR 1.1 refers 
                       to title 27, part 1, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, April 1, 2003), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
info@fedreg.nara.gov.

SALES

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    The Office of the Federal Register also offers a free service on the 
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site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

April 1, 2003.



[[Page ix]]



                               THIS TITLE

    Title 27--Alcohol, Tobacco Products, and Firearms is composed of two 
volumes, parts 1-199 and part 200 to end. The contents of these volumes 
represent all current regulations issued by the Alcohol and Tobacco Tax 
and Trade Bureau, Department of the Treasury and the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives, Department of Justice as of April 1, 
2003.

[[Page x]]





[[Page 1]]



            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS




                   (This book contains parts 1 to 199)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Alcohol and Tobacco Tax and Trade Bureau, 
  Department of the Treasury................................           1

Cross References: U.S. Customs Service, Department of the Treasury: See 
  19 CFR Chapter I.

  Federal Trade Commission: See 16 CFR Chapter I.

  Food and Drug Administration, Department of Health and Human Services: 
See 21 CFR Chapter I.

  Foreign Trade Statistics, Bureau of the Census, Department of 
Commerce: See 15 CFR Part 30.

  Postal Service: See section 124 of the Domestic Mail Manual.


  Other regulations issued by the Department of the Treasury appear in 
title 26; 31 CFR chapter I.


Abbreviations: The following abbreviations are used in this chapter:
    ATF=Alcohol, Tobacco and Firearms.   T.D.=Treasury Decision.

[[Page 3]]



 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY




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


  Editorial Note: The regulations appearing in this title were 
originally issued by the Federal Alcohol Administration, which was 
abolished by Reorganization Plan No. III, Apr. 2, 1940, 5 FR 2107, 3 
CFR, 1940 Supp. Treasury Order 30, June 12, 1940, 5 FR 2212, issued 
under sections 2 and 8 of Reorganization Plan No. III (54 Stat. 1232) 
provided that these regulations continue in effect as regulations of the 
Bureau of Alcohol, Tobacco and Firearms.

                          SUBCHAPTER A--LIQUORS
Part                                                                Page
1               Basic permit requirements under the Federal 
                    Alcohol Administration Act, 
                    nonindustrial use of distilled spirits 
                    and wine, bulk sales and bottling of 
                    distilled spirits.......................           5
4               Labeling and advertising of wine............          13
5               Labeling and advertising of distilled 
                    spirits.................................          47
6               ``Tied-House''..............................          77
7               Labeling and advertising of malt beverages..          88
8               Exclusive outlets...........................         103
9               American viticultural areas.................         106
10              Commercial bribery..........................         238
11              Consignment sales...........................         242
12              Foreign nongeneric names of geographic 
                    significance used in the designation of 
                    wines...................................         246
13              Labeling proceedings........................         248
16              Alcoholic beverage health warning statement.         258
17              Drawback on taxpaid distilled spirits used 
                    in manufacturing nonbeverage products...         260
18              Production of volatile fruit-flavor 
                    concentrate.............................         284
19              Distilled spirits plants....................         295
20              Distribution and use of denatured alcohol 
                    and rum.................................         433
21              Formulas for denatured alcohol and rum......         473
22              Distribution and use of tax-free alcohol....         502
24              Wine........................................         525
25              Beer........................................         612
26              Liquors and articles from Puerto Rico and 
                    the Virgin Islands......................         661

[[Page 4]]

27              Importation of distilled spirits, wines, and 
                    beer....................................         714
29              Stills and miscellaneous regulations........         731
30              Gauging manual..............................         735
                          SUBCHAPTER B--TOBACCO
40              Manufacture of tobacco products and 
                    cigarette papers and tubes..............         749
44              Exportation of tobacco products and 
                    cigarette papers and tubes, without 
                    payment of tax, or with drawback of tax.         806
45              Removal of tobacco products and cigarette 
                    papers and tubes, without payment of 
                    tax, for use of the United States.......         846
46              Miscellaneous regulations relating to 
                    tobacco products and cigarette papers 
                    and tubes...............................         853
                         SUBCHAPTER C--FIREARMS
53              Manufacturers excise taxes--firearms and 
                    ammunition..............................         871
                       SUBCHAPTERS D-E [RESERVED]
                 SUBCHAPTER F--PROCEDURES AND PRACTICES
70              Procedure and administration................         934
71              Rules of practice in permit proceedings.....        1064
72              Disposition of seized personal property.....        1082
                       SUBCHAPTERS G-L [RESERVED]
          SUBCHAPTER M--ALCOHOL, TOBACCO AND OTHER EXCISE TAXES
194             Liquor dealers..............................        1092
198-199           [Reserved]

Additional supplementary publications are issued covering individual 
parts of the Alcohol, Tobacco and Firearms Regulations, the Tobacco 
Tax Guide, and Regulations Under Tax Conventions.

[[Page 5]]



                          SUBCHAPTER A--LIQUORS





  PART 1--BASIC PERMIT REQUIREMENTS UNDER THE FEDERAL ALCOHOL ADMINISTRATION ACT, NONINDUSTRIAL USE OF DISTILLED SPIRITS AND WINE, BULK SALES AND BOTTLING OF 
DISTILLED SPIRITS--Table of Contents






                            Subpart A--Scope

Sec.
1.1  General.
1.2  Territorial extent.
1.3  Forms prescribed.
1.4  Delegations of the Director.



                         Subpart B--Definitions

1.10  Meaning of terms.



                        Subpart C--Basic Permits

                              When Required

1.20  Importers.
1.21  Domestic producers, rectifiers, blenders, and warehousemen.
1.22  Wholesalers.
1.23  State agencies.

                    Persons Entitled to Basic Permits

1.24  Qualifications of applicants.

                        Applications for Permits

1.25  General.
1.26  Incomplete or incorrectly executed applications.
1.27  Change in ownership, management, or control of the applicant.
1.29  Individual plant or premises.
1.30  Power of attorney; Form 5000.8 (1534).
1.31  Denial of permit applications.

                              Authorization

1.35  Authority to issue, amend, deny, suspend, revoke, or annul basic 
          permits.

                 Amendment and Duration of Basic Permits

1.40  Change of name.
1.41  Change of address.
1.42  Change in ownership, management, or control of business.
1.43  Duration of permits.
1.44  Automatic termination of permits.

          Revocation, Suspension, or Annulment of Basic Permits

1.50  Revocation or suspension.
1.51  Annulment.
1.52  Disposition of stocks of alcoholic beverages upon revocation, 
          annulment, or automatic termination of basic permit.

                              Miscellaneous

1.55  Recalling permits for correction.
1.56  Oaths and affirmations.
1.57  Procedure.
1.58  Filing of permits.
1.59  Public information as to applications acted upon.



       Subpart D--Nonindustrial Use of Distilled Spirits and Wine

                       Uses Regarded as Industrial

1.60  Use of distilled spirits.
1.61  Use of wine.
1.62  Use of distilled spirits or wine for experimental purposes and in 
          manufacture of nonbeverage products.

                      Uses Classed as Nonindustrial

1.70  General.
1.71  Distilled spirits in containers of a capacity of one gallon or 
          less.



         Subpart E--Bulk Sales and Bottling of Distilled Spirits

                         Bulk Sales and Bottling

1.80  Sales of distilled spirits in bulk.
1.81  Importation of distilled spirits in bulk.
1.82  Acquiring or receiving distilled spirits in bulk for 
          redistillation, processing, rectification, warehousing, or 
          warehousing and bottling.
1.83  Acquiring or receiving distilled spirits in bulk for addition to 
          wine.
1.84  Acquisition of distilled spirits in bulk by Government agencies.

                           Warehouse Receipts

1.90  Distilled spirits in bulk.
1.91  Bottled distilled spirits.

              Sales of Distilled Spirits for Industrial Use

1.95  General.

    Authority: 27 U.S.C. 203, 204, 206, 211 unless otherwise noted.

    Source: T.D. ATF-373, 61 FR 26098, May 24, 1996, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 1 appear by T.D. ATF-
463, 66 FR 42733, Aug. 15, 2001.

[[Page 6]]



                            Subpart A--Scope



Sec. 1.1  General.

    (a) The regulations in this part relate to requirements governing 
the issuance, amendment, denial, revocation, suspension, automatic 
termination, and annulment of basic permits and the duration of permits, 
except that the provisions of part 71, Rules of Practice in Permit 
Proceedings, of this chapter are hereby made applicable to 
administrative proceedings with respect to the application for, and to 
the suspension, revocation, or annulment of, basic permits under the 
Federal Alcohol Administration Act.
    (b) The regulations in this part also specify what uses of distilled 
spirits and wine are ``nonindustrial,'' as that term is used in section 
117 of the Federal Alcohol Administration Act (27 U.S.C. 211). Finally, 
this part, in accordance with section 106 of the Federal Alcohol 
Administration Act (27 U.S.C. 206), contains the substantive 
requirements relative to bulk sales and bottling of distilled spirits 
under the Federal Alcohol Administration Act, including the terms of 
warehouse receipts for distilled spirits in bulk. No procedural 
requirements are prescribed.



Sec. 1.2  Territorial extent.

    The provisions of this part are applicable to the several States of 
the United States, the District of Columbia and Puerto Rico.



Sec. 1.3  Forms prescribed.

    (a) The appropriate ATF officer is authorized to prescribe all forms 
required by this part. All of the information called for in each form 
shall be furnished as indicated by the headings on the form and the 
instructions on or pertaining to the form. In addition, information 
called for in each form shall be furnished as required by this part. The 
form will be filed in accordance with the instructions for the form.
    (b) Forms may be requested from the ATF Distribution Center, P.O. 
Box 5950, Springfield, Virginia 22153-5190, or by accessing the ATF web 
site (http://www.atf.treas.gov/).

[T.D. ATF-373, 61 FR 26098, May 24, 1996, as amended by T.D. ATF-416, 64 
FR 49985, Sept. 15, 1999]



Sec. 1.4  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in this 
part 1 are delegated to appropriate ATF officers. These ATF officers are 
specified in ATF Order 1130.6, Delegation Order--Delegation of the 
Director's Authorities in Part 1, Basic Permit Requirements Under the 
Federal Alcohol Administration Act, Nonindustrial Use of Distilled 
Spirits and Wine, Bulk Sales and Bottling of Distilled Spirits. ATF 
delegation orders, such as ATF Order 1130.6, are available to any 
interested person by mailing a request to the ATF Distribution Center, 
P.O. Box 5950, Springfield, Virginia 22150-5190, or by accessing the ATF 
web site (http://www.atf.treas.gov/).

[T.D. ATF-416, 64 FR 49985, Sept. 15, 1999]



                         Subpart B--Definitions



Sec. 1.10  Meaning of terms.

    As used in this part, unless the context otherwise requires, terms 
shall have the meaning ascribed in this part.
    Act. The Federal Alcohol Administration Act.
    Alcohol. Ethyl alcohol distilled at or above 190 deg. proof.
    Applicant. Any person who has filed an application for a basic 
permit under the Federal Alcohol Administration Act with the appropriate 
ATF officer.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of this part by ATF Order 
1130.6, Delegation Order--Delegation of the Director's Authorities in 27 
CFR Part 1, Basic Permit Requirements Under the Federal Alcohol 
Administration Act, Nonindustrial Use of Distilled Spirits and Wine, 
Bulk Sales and Bottling of Distilled Spirits.
    Basic permit. A document issued under the Act authorizing a person 
to engage in activities at a particular location.

[[Page 7]]

    Brandy. Brandy or wine spirits for addition to wines as permitted by 
internal revenue law.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Distilled spirits. Section 117(a) of the Federal Alcohol 
Administration Act (27 U.S.C. 211(a)) defines ``distilled spirits'' as 
ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, 
brandy, gin, and other distilled spirits, including all dilutions and 
mixtures thereof for nonindustrial use.
    In bulk. Distilled spirits in containers having a capacity in excess 
of one wine gallon.
    Other term. Any other term defined in the Federal Alcohol 
Administration Act and used in this part shall have the same meaning 
assigned to it by the Act.
    Permittee. Any person holding a basic permit issued under the 
Federal Alcohol Administration Act.
    Person. Any individual, partnership, joint-stock company, business 
trust, association, corporation, or other form of business enterprise, 
including a receiver, trustee, or liquidating agent.
    Resale at wholesale. A sale to any trade buyer.
    Trade buyer. Any person who is a wholesaler or retailer of distilled 
spirits, wine, or malt beverages.
    Wine. Section 117(a) of the Federal Alcohol Administration Act (27 
U.S.C. 211(a)) defines ``wine'' as:
    (a) Wine as defined in section 610 and section 617 of the Revenue 
Act of 1918 (26 U.S.C. 5381-5392), as now in force or hereafter amended, 
and
    (b) 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 percent and not more than 24 percent of alcohol by 
volume, and if for nonindustrial use.
    Wine gallon. The liquid measure equivalent to the volume of 231 
cubic inches.

[T.D. ATF-373, 61 FR 26098, May 24, 1996. Redesignated and amended by 
T.D. ATF-416, 64 FR 49985, Sept. 15, 1999]



                        Subpart C--Basic Permits

    Editorial Note: Nomenclature changes appear by T.D. ATF-416, 64 FR 
49985, Sept. 15, 1999.

                              When Required



Sec. 1.20  Importers.

    No person, except pursuant to a basic permit issued under the Act, 
shall:
    (a) Engage in the business of importing into the United States 
distilled spirits, wine, or malt beverages; or
    (b) While so engaged, sell, offer or deliver for sale, contract to 
sell, or ship, in interstate or foreign commerce, directly or indirectly 
or through an affiliate, distilled spirits, wine, or malt beverages so 
imported.



Sec. 1.21  Domestic producers, rectifiers, blenders, and warehousemen.

    No person, except pursuant to a basic permit issued under the Act, 
shall:
    (a) Engage in the business of distilling distilled spirits, 
producing wine, rectifying or blending distilled spirits or wine, or 
bottling, or warehousing and bottling, distilled spirits; or
    (b) While so engaged, sell, offer or deliver for sale, contract to 
sell, or ship, in interstate or foreign commerce, directly or indirectly 
or through an affiliate, distilled spirits or wine so distilled, 
produced, rectified, blended, or bottled, or warehoused and bottled.



Sec. 1.22  Wholesalers.

    No person, except pursuant to a basic permit issued under the Act, 
shall:
    (a) Engage in the business of purchasing for resale at wholesale, 
distilled spirits, wine, or malt beverages; or,
    (b) While so engaged, receive, sell, offer or deliver for sale, 
contract to sell, or ship in interstate or foreign commerce, directly or 
indirectly or through an affiliate, distilled spirits, wine, or malt 
beverages so purchased.

[[Page 8]]



Sec. 1.23  State agencies.

    This subpart shall not apply to any agency of a State or political 
subdivision thereof or to any officer or employee of any such agency, 
and no such agency or officer or employee thereof shall be required to 
obtain a basic permit under this subpart.

                    Persons Entitled to Basic Permits



Sec. 1.24  Qualifications of applicants.

    The application of any person shall be granted and the permit issued 
by the appropriate ATF officer if the applicant proves to the 
satisfaction of the appropriate ATF officer that:
    (a) Such person (or in case of a corporation, any of its officers, 
directors, or principal stockholders) has not, within 5 years prior to 
the date of application, been convicted of a felony under Federal or 
State law, and has not, within 3 years prior to date of application, 
been convicted of a misdemeanor under any Federal law relating to 
liquor, including the taxation thereof; and
    (b) Such person, by reason of the person's business experience, 
financial standing or trade connections, is likely to commence 
operations as a distiller, warehouseman and bottler, rectifier, wine 
producer, wine blender, importer, or wholesaler, as the case may be, 
within a reasonable period and to maintain such operations in conformity 
with Federal law; and
    (c) The operations proposed to be conducted by such person are not 
in violation of the law of the State in which they are to be conducted.

                        Applications for Permits



Sec. 1.25  General.

    Applications for basic permits to engage in any of the operations 
set forth in Secs. 1.20 to 1.22 must be made on ATF Form 5100.24, or 
5100.18, verified as required by Sec. 1.56, and will be accompanied by 
such affidavits, documents, and other supporting data, as the 
appropriate ATF officer may require. The application will include all 
data, written statements, affidavits, documents, or other evidence 
submitted in support of the application, or upon a hearing.

[T.D. ATF-416, 64 FR 49985, Sept. 15, 1999; T.D. ATF-416a, 64 FR 54776, 
Oct. 8, 1999]



Sec. 1.26  Incomplete or incorrectly executed applications.

    Incomplete or incorrectly executed applications will not be acted 
upon, but the applicant shall be entitled to file a new application 
without prejudice, or to complete the application already filed.



Sec. 1.27  Change in ownership, management, or control of the applicant.

    In the event of any change in the ownership, management, or control 
of the applicant (in case of a corporation, any change in the officers, 
directors, or persons holding more than 10 percent of the corporate 
stock), after the date of filing of any application for a basic permit 
and prior to final action on such application, the applicant shall 
notify the appropriate ATF officer immediately of such change.



Sec. 1.29  Individual plant or premises.

    An application for a basic permit must be filed, and permit issued, 
to cover each individual plant or premises where any of the businesses 
specified in section 103 of the Act is engaged in.

[T.D. ATF-416, 64 FR 49985, Sept. 15, 1999]



Sec. 1.30  Power of attorney; Form 5000.8 (1534).

    If the application and other documents in support of such 
application are signed by an attorney in fact of an individual, 
partnership, association, or corporation, or by one of the members of a 
copartnership or association, or, in the case of a corporation by an 
officer or other person not authorized by the corporation's bylaws or by 
its board of directors to sign such applications and supporting 
documents, the applications must be supported by a duly authenticated 
copy of the power of attorney conferring authority upon the person 
signing the documents to execute the

[[Page 9]]

same. Such powers of attorney will be executed on Form 5000.8 (1534).

(Approved by the Office of Management and Budget under control number 
1512-0079)

[T.D. ATF-373, 61 FR 26098, May 24, 1996, as amended by T.D. ATF-416, 64 
FR 49985, Sept. 15, 1999].



Sec. 1.31  Denial of permit applications.

    If, upon examination of any application for a basic permit, the 
appropriate ATF officer has reason to believe that the applicant is not 
entitled to such a permit, the appropriate ATF officer shall institute 
proceedings for the denial of the application in accordance with the 
procedure set forth in part 71 of this chapter.

                              Authorization



Sec. 1.35  Authority to issue, amend, deny, suspend, revoke, or annul basic permits.

    The authority and power of issuing, amending, or denying basic 
permits, or amendments thereof, is conferred upon the appropriate ATF 
officer except as to agency initiated curtailment. The Director, upon 
consideration of appeals on petitions for review in part 71 of this 
chapter, may order the appropriate ATF officer to issue, deny, suspend, 
revoke, or annul basic permits.

[T.D. ATF-416, 64 FR 49985, Sept. 15, 1999]

                 Amendment and Duration of Basic Permits



Sec. 1.40  Change of name.

    In the event of any change in the name (trade or corporate name) of 
a permittee, or, in the event a permittee desires to engage in 
operations under an additional trade name, such permittee must file 
application Form 5100.18 for an amended basic permit, which application 
must be approved, and amended permit issued, before operations may be 
commenced under the new name.

(Approved by the Office of Management and Budget under control number 
1512-0090)

[T.D. ATF-373, 61 FR 26098, May 24, 1996, as amended by T.D. ATF- 416, 
64 FR 49985, Sept. 15, 1999]



Sec. 1.41  Change of address.

    In the event of a change in address the permittee must file 
application Form 5100.18 for an amended basic permit.

[T.D. ATF-373, 61 FR 26098, May 24, 1996, as amended by T.D. ATF- 416, 
64 FR 49985, Sept. 15, 1999]



Sec. 1.42  Change in ownership, management, or control of business.

    In the event of any change in the ownership, management, or control 
of any business operated pursuant to a basic permit (if the permittee is 
a corporation, if any change occurs in the officers, directors, or 
persons owning or controlling more than 10 percent of the voting stock 
of said corporation) the permittee shall immediately notify the 
appropriate ATF officer of such change, giving the names and addresses 
of all new persons participating in the ownership, management, or 
control of such business, or in the case of a corporation, the names and 
addresses of such new officers, directors, or persons owning or 
controlling more than 10 percent of the voting stock. Notice to the 
appropriate ATF officer of any such change shall be accompanied or 
supplemented by such data in reference to the personal or business 
history of such persons as the appropriate ATF officer may require.



Sec. 1.43  Duration of permits.

    A basic permit shall continue in effect until suspended, revoked, 
annulled, voluntarily surrendered, or automatically terminated, as 
provided in the Act and in this part.



Sec. 1.44  Automatic termination of permits.

    No basic permit shall be leased, sold, or otherwise voluntarily 
transferred, and, in the event of such lease, sale, or other voluntary 
transfer, such basic permit shall automatically terminate thereupon. If 
any basic permit is transferred by operation of law or if actual or 
legal control of the permittee is acquired, directly or indirectly 
whether by stock ownership or in any other manner, by any person, then 
such permit shall be automatically terminated at the expiration of 30 
days thereafter:

[[Page 10]]

Provided, That if within such 30-day period application for a new basic 
permit is made by the transferee or permittee, respectively, then the 
outstanding basic permit shall continue in effect until such time as the 
application is finally acted upon.

          Revocation, Suspension, or Annulment of Basic Permits



Sec. 1.50  Revocation or suspension.

    Whenever the appropriate ATF officer has reason to believe that any 
permittee has willfully violated any of the conditions of the 
permittee's basic permit or has not engaged in the operations authorized 
by the permit for a period of more than two years, the appropriate ATF 
officer shall institute proceedings for the revocation or suspension of 
such permit, in accordance with the procedure set forth in part 71 of 
this chapter, which part is made applicable to such proceedings.



Sec. 1.51  Annulment.

    Whenever the appropriate ATF officer has reason to believe that any 
basic permit was procured through fraud, or misrepresentation or 
concealment of material fact, the appropriate ATF officer shall 
institute proceedings for the annulment of such permit in accordance 
with the procedure set forth in part 71 of this chapter, which part is 
made applicable to such proceedings.



Sec. 1.52  Disposition of stocks of alcoholic beverages upon revocation, annulment, or automatic termination of basic permit.

    In the event of the revocation or annulment of a basic permit, 
pursuant to part 71 of this chapter, or in the event such permit is 
automatically terminated by operation of law (27 U.S.C. 204(g) and 
Sec. 1.44 of this part), the appropriate ATF officer may authorize the 
orderly disposition of stocks of distilled spirits, wines, or malt 
beverages then held by the permittee or former permittee upon such 
conditions as may be considered proper.

                              Miscellaneous



Sec. 1.55  Recalling permits for correction.

    Whenever it shall be discovered that any basic permit has been 
issued authorizing acts, or combinations of acts, which may not 
properly, under the law and regulations, as of now or hereafter in 
force, be authorized, or that any material mistake has occurred in the 
issuance thereof, the holder of such permit shall forthwith surrender 
the same for correction or amendment upon demand of the appropriate ATF 
officer.



Sec. 1.56  Oaths and affirmations.

    A document must be verified by an oath or affirmation taken before a 
person authorized by the laws of the United States or by State or local 
law to administer oaths or affirmations in the jurisdiction where the 
document is executed when required by:
    (a) Regulation; or
    (b) An appropriate ATF officer.

[T.D. ATF-416, 64 FR 49985, Sept. 15, 1999]



Sec. 1.57  Procedure.

    The procedures prescribed by the rules of practice in permit 
proceedings (part 71 of this chapter) are applicable to administrative 
proceedings for the issuance, amendment, denial, revocation, suspension, 
or annulment of basic permits, the issuance of subpoenas and the taking 
of depositions under the Act.



Sec. 1.58  Filing of permits.

    Every person receiving a basic permit under the provisions of this 
part must file the same, at the place of business covered by the basic 
permit, so that it may be examined by appropriate ATF officers.

[T.D. ATF-373, 61 FR 26098, May 24, 1996, as amended by T.D. ATF-416, 64 
FR 49985, Sept. 15, 1999]



Sec. 1.59  Public information as to applications acted upon.

    The appropriate ATF officer shall cause to be maintained currently 
in the appropriate ATF officer's office for public inspection, until the 
expiration of one year following final action on the application, the 
following information with respect to each application for basic permit 
filed:
    (a) The name, including trade name or names, if any, and the address 
of the applicant; the kind of permit applied

[[Page 11]]

for and the location of the business; whether the applicant is an 
individual, a partnership or a corporation; if a partnership, the name 
and address of each partner; if a corporation, the name and address of 
each of the principal officers and of each stockholder owning 10 percent 
or more of the corporate stock.
    (b) The time and place set for any hearing on the application.
    (c) The final action taken on the application. In the event a 
hearing is held upon an application for a basic permit, the appropriate 
ATF officer shall make available for inspection at the appropriate ATF 
officer's office, upon request therefor: The transcript of the hearing, 
a copy of the administrative law judge's recommended decision, a copy of 
the appropriate ATF officer's decision and, in the event of an appeal to 
the Director, the decision on appeal with the reasons given in support 
thereof.

[T.D. ATF-373, 61 FR 26098, May 24, 1996, as amended by T.D. ATF-416, 64 
FR 49985, Sept. 15, 1999]



       Subpart D--Nonindustrial Use of Distilled Spirits and Wine

                       Uses Regarded as Industrial



Sec. 1.60  Use of distilled spirits.

    The following uses of distilled spirits are regarded as 
``industrial'' and will be excluded from any application of the term 
``nonindustrial use.'' The use of distilled spirits:
    (a) Free of tax by, and for the use of, the United States or any 
governmental agency thereof, any State, any political subdivision of a 
State, or the District of Columbia, for nonbeverage purposes; or
    (b) Free of tax for nonbeverage purposes and not for resale or use 
in the manufacture of any product for sale:
    (1) For the use of any educational organization described in 26 
U.S.C. 170(b)(1)(A)(ii) which is exempt from income tax under 26 U.S.C. 
501(a), or for the use of any scientific university or college of 
learning;
    (2) For any laboratory for use exclusively in scientific research;
    (3) For use at any hospital, blood bank, or sanitarium (including 
use in making analysis or test at such hospital, blood bank, or 
sanitarium), or at any pathological laboratory exclusively engaged in 
making analyses, or tests, for hospitals or sanitariums; or
    (4) For the use of any clinic operated for charity and not for 
profit (including use in compounding of bona fide medicines for 
treatment outside of such clinics of patients thereof); or
    (c) Free of tax, after denaturation of such spirits in the manner 
prescribed by law for:
    (1) Use in the manufacture of ether, chloroform, or other definite 
chemical substance where such distilled spirits are changed into some 
other chemical substance and do not appear in the finished product; or
    (2) Any other use in the arts and industries (except for uses 
prohibited by 26 U.S.C. 5273 (b) or (d)) and for fuel, light, and power.



Sec. 1.61  Use of wine.

    The following uses of wine are regarded as ``industrial'' and will 
be excluded from any application of the term ``nonindustrial''. The use 
of wine:
    (a) Without payment of tax for use in the production of vinegar; or
    (b) Free of tax for experimental or research purposes by any 
scientific university, college of learning, or institution of scientific 
research; or
    (c) Free of tax for use by the United States or any agency thereof, 
and for use for analysis, testing, research, or experimentation by the 
governments of the several States and the District of Columbia or of any 
political subdivision thereof or by any agency of such governments; or
    (d) Which has been rendered unfit for beverage use.



Sec. 1.62  Use of distilled spirits or wine for experimental purposes and in manufacture of nonbeverage products.

    The use of distilled spirits or wine for experimental purposes and 
in the manufacture of (a) medicinal, pharmaceutical, or antiseptic 
products, including prescriptions compounded by retail druggists; (b) 
toilet preparations; (c) flavoring extracts, syrups, or food products; 
or (d) scientific, chemical, mechanical, or industrial products,

[[Page 12]]

provided such products are unfit for beverage use, is regarded as 
``industrial,'' and will be excluded from any application of the term 
``nonindustrial use.''

                      Uses Classed as Nonindustrial



Sec. 1.70  General.

    All uses of distilled spirits and wines, except as provided in 
Secs. 1.60, 1.61, and 1.62 of this part, are regarded as 
``nonindustrial.'' Such ``nonindustrial'' use shall include, but not be 
limited to, distilled spirits or wine used for beverage purposes, or in 
the manufacture, rectification, or blending of alcoholic beverages; or 
in the preparation of food or drink by a hotel, restaurant, tavern, or 
similar establishment; or for sacramental purposes; or as a medicine.



Sec. 1.71  Distilled spirits in containers of a capacity of one gallon or less.

    Distilled spirits in containers of a capacity of one wine gallon or 
less, except anhydrous alcohol and alcohol which may be withdrawn free 
of tax under the internal revenue laws, will be deemed to be for 
nonindustrial use.



         Subpart E--Bulk Sales and Bottling of Distilled Spirits

                         Bulk Sales and Bottling



Sec. 1.80  Sales of distilled spirits in bulk.

    It is unlawful for any person to sell, offer to sell, contract to 
sell, or otherwise dispose of distilled spirits in bulk, for 
nonindustrial use, except for export or to the classes of persons 
enumerated in Secs. 1.82, 1.83, and 1.84.



Sec. 1.81  Importation of distilled spirits in bulk.

    It is unlawful for any person to import distilled spirits in bulk, 
for nonindustrial use, except for sale to or for use by the classes of 
persons enumerated in Secs. 1.82, 1.83 and 1.84.



Sec. 1.82  Acquiring or receiving distilled spirits in bulk for redistillation, processing, rectification, warehousing, or warehousing and bottling.

    (a) Proprietors of distilled spirits plants. Persons holding basic 
permits (issued under subpart B of this part) authorizing the 
distilling, processing, rectifying, or warehousing and bottling of 
distilled spirits, or operating permits (issued under Sec. 19.157 and 
succeeding sections of this chapter) may acquire or receive in bulk and 
redistill, warehouse, or process distilled spirits, so far as permitted 
by law.
    (b) Proprietors of class 8 customs bonded warehouses. If the 
permittee operates a class 8 customs bonded warehouse, the permittee may 
acquire or receive in bulk, and warehouse and bottle, imported distilled 
spirits, so far as permitted by the customs laws.

(26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 (49 Stat. 
981, as amended))



Sec. 1.83  Acquiring or receiving distilled spirits in bulk for addition to wine.

    Persons holding permits as producers and blenders of wine, may, 
pursuant to such permit, acquire or receive in bulk alcohol or brandy 
for addition to wines.



Sec. 1.84  Acquisition of distilled spirits in bulk by Government agencies.

    Any agency of the United States, or of any State or political 
subdivision thereof, may acquire or receive in bulk, and warehouse and 
bottle, imported and domestic distilled spirits in conformity with the 
internal revenue laws.

                           Warehouse Receipts



Sec. 1.90  Distilled spirits in bulk.

    By the terms of the Act (27 U.S.C. 206), all warehouse receipts for 
distilled spirits in bulk must require that the warehouseman shall 
package such distilled spirits, before delivery, in bottles labeled and 
marked in accordance with law, or deliver such distilled spirits in bulk 
only to persons to whom it is lawful to sell or otherwise dispose of 
distilled spirits in bulk.



Sec. 1.91  Bottled distilled spirits.

    The provisions of the Act, which forbid any person to sell, offer to 
sell, contract to sell, or otherwise dispose of warehouse receipts for 
distilled spirits in bulk, do not apply to warehouse receipts for 
bottled distilled spirits.

    Cross Reference: For labeling of distilled spirits, see part 5 of 
this chapter.

[[Page 13]]

              Sales of Distilled Spirits for Industrial Use



Sec. 1.95  General.

    Distillers, rectifiers, and other permittees engaged in the sale or 
other disposition of distilled spirits for nonindustrial use shall not 
sell or otherwise dispose of distilled spirits in bulk (other than 
alcohol) for industrial use, unless such distilled spirits are shipped 
or delivered directly to the industrial user thereof.



PART 4--LABELING AND ADVERTISING OF WINE--Table of Contents




                            Subpart A--Scope

Sec.
4.1  General.
4.2  Territorial extent.
4.3  Forms prescribed.
4.4  Delegations of the Director.
4.5  Related regulations.

                         Subpart B--Definitions

4.10  Meaning of terms.

                Subpart C--Standards of Identity for Wine

4.20  Application of standards.
4.21  The standards of identity.
4.22  Blends, cellar treatment, alteration of class or type.
4.23  Varietal (grape type) labeling.
4.24  Generic, semi-generic, and non-generic designations of geographic 
          significance.
4.25  Appellations of origin.
4.25a  Appellations of origin.
4.26  Estate bottled.
4.27  Vintage wine.
4.28  Type designations of varietal significance.

                Subpart D--Labeling Requirements for Wine

4.30  General.
4.32  Mandatory label information.
4.33  Brand names.
4.34  Class and type.
4.35  Name and address.
4.35a  Name and address.
4.36  Alcoholic content.
4.37  Net contents.
4.38  General requirements.
4.38a   Bottle cartons, booklets and leaflets.
4.39  Prohibited practices.

   Subpart E--Requirements for Withdrawal of Wine From Customs Custody

4.40  Label approval and release.
4.45  Certificates of origin and identity.
4.46  Certificate of nonstandard fill.

  Subpart F--Requirements for Approval of Labels of Wine Domestically 
                            Bottled or Packed

4.50  Certificates of label approval.
4.51  Exhibiting certificates to Government officials.
4.52  Photoprints.

                     Subpart G--Advertising of Wine

4.60  Application.
4.61  Definitions.
4.62  Mandatory statements.
4.63  Legibility of mandatory information.
4.64  Prohibited practices.
4.65  Comparative advertising.

                  Subpart H--Standards of Fill for Wine

4.70  Application.
4.71  Standard wine containers.
4.72  Standards of fill.
4.73  Metric standards of fill.

                      Subpart I--General Provisions

4.80  Exports.

                 Subpart J--American Grape Variety Names

4.91  List of approved prime names.
4.92  Alternative names permitted for temporary use.
4.93  Approval of grape variety names.

                 Subpart K--Use of the Term ``Organic''

4.101  Use of the term ``organic.''

    Authority: 27 U.S.C. 205, unless otherwise noted.

    Source: T.D. 6521, 25 FR 13835, Dec. 29, 1960, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 4 appear by T.D. ATF-
425, 65 FR 11890, Mar. 7, 2000.



                            Subpart A--Scope



Sec. 4.1  General.

    The regulations in this part relate to the labeling and advertising 
of wine.



Sec. 4.2  Territorial extent.

    This part applies to the several States of the United States, the 
District of Columbia, and Puerto Rico.

[[Page 14]]



Sec. 4.3  Forms prescribed.

    (a) The appropriate ATF officer is authorized to prescribe all forms 
required by this part. All of the information called for in each form 
shall be furnished as indicated by the headings on the form and the 
instructions on or pertaining to the form. In addition, information 
called for in each form shall be furnished as required by this part. The 
form will be filed in accordance with the instructions for the form.
    (b) Forms may be requested from the ATF Distribution Center, PO Box 
5950, Springfield, Virginia 22153-5190, or by accessing the ATF web site 
(http://www.atf.treas.gov/).

[T.D. ATF-92, 46 FR 46911, Sept. 23, 1981, as amended by T.D. ATF-249, 
52 FR 5955, Feb. 27, 1987; T.D. 372, 61 FR 20723, May 8, 1996; T.D. ATF-
425, 65 FR 11890, Mar. 7, 2000]



Sec. 4.4  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in this 
Part 4 are delegated to appropriate ATF officers. These ATF officers are 
specified in ATF Order 1130.2A, Delegation Order--Delegation of the 
Director's Authorities in 27 CFR parts 4, 5 and 7, Labeling and 
Advertising of Wine, Distilled Spirits and Malt Beverages. ATF 
delegation orders, such as ATF Order 1130.2A, are available to any 
interested person by mailing a request to the ATF Distribution Center, 
PO Box 5950, Springfield, Virginia 22150-5190, or by accessing the ATF 
web site (http://www.atf.treas.gov/).

[T.D. ATF-425, 65 FR 11890, Mar. 7, 2000]



Sec. 4.5  Related regulations.

    The following regulations also relate to this part:

27 CFR Part 205--National Organic Program
27 CFR Part 1--Basic Permit Requirements Under the Federal Alcohol 
Administration Act, Nonindustrial Use of Distilled Spirits and Wine, 
Bulk Sales and Bottling of Distilled Spirits
27 CFR Part 5--Labeling and Advertising of Distilled Spirits
27 CFR Part 7--Labeling and Advertising of Malt Beverages
27 CFR Part 9--American Viticultural Areas
27 CFR Part 12--Foreign Nongeneric Names of Geographic Significance Used 
in the Designation of Wines
27 CFR Part 13--Labeling Proceedings
27 CFR Part 16--Alcoholic Beverage Health Warning Statement
27 CFR Part 24--Wine
27 CFR Part 26--Liquors and Articles From Puerto Rico and the Virgin 
Islands
27 CFR Part 27--Importation of Distilled Spirits, Wines, and Beer
27 CFR Part 71--Rules of Practice in Permit Proceedings
27 CFR Part 252--Exportation of Liquors

[T.D. ATF-483, 67 FR 62857, Oct. 8, 2002]



                         Subpart B--Definitions



Sec. 4.10  Meaning of terms.

    As used in this part, unless the context otherwise requires, terms 
shall have the meaning ascribed in this part.
    Act. The Federal Alcohol Administration Act.
    Added brandy. Brandy or wine spirits for use in fortification of 
wine as permitted by internal revenue law.
    Advertisement. See Sec. 4.61 for meaning of term as used in subpart 
G of this part.
    Alcohol. Ethyl alcohol distilled at or above 190 deg. proof.
    American. The several States, the District of Columbia, and Puerto 
Rico; ``State'' includes the District of Columbia and Puerto Rico.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of this part by ATF Order 
1130.2A, Delegation Order--Delegation of the Director's Authorities in 
27 CFR part 4, 5 and 7, Labeling and Advertising of Wine, Distilled 
Spirits and Malt Beverages.
    Bottler. Any person who places wine in containers of four liters or 
less. (See meaning for ``containers'' and ``packer''.)
    Brand label. The label carrying, in the usual distinctive design, 
the brand name of the wine.
    Container. Any bottle, barrel, cask, or other closed receptacle 
irrespective of size or of the material from which made for use for the 
sale of wine at retail. (See meaning for ``bottler'' and ``packer''.)
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.

[[Page 15]]

    Gallon. A U.S. gallon of 231 cubic inches of alcoholic beverages at 
60  deg.F.
    Interstate or foreign commerce. Commerce between any State and any 
place outside thereof, or commerce within any Territory or the District 
of Columbia, or between points within the same State but through any 
place outside thereof.
    Liter or litre. (a) A metric unit of capacity equal to 1,000 cubic 
centimeters and equivalent to 33.814 U.S. fluid ounces. For purposes of 
this part, a liter is subdivided into 1,000 milliliters (ml).
    (b) For purposes of regulation, one liter of wine is defined as that 
quantity (mass) of wine occupying a one-liter volume at 20  deg.Celsius 
(68  deg.F).
    Packer. Any person who places wine in containers in excess of four 
liters. (See meaning for ``container'' and ``bottler''.)
    Percent or percentage. Percent by volume.
    Permittee. Any person holding a basic permit under the Federal 
Alcohol Administration Act.
    Person. Any individual, partnership, joint-stock company, business 
trust, association, corporation, or other form of business enterprise, 
including a receiver, trustee, or liquidating agent, and including an 
officer or employee of any agency of a State or political subdivision 
thereof.
    Pure condensed must. The dehydrated juice or must of sound, ripe 
grapes, or other fruit or agricultual products, concentrated to not more 
than 80 deg. (Balling), the composition thereof remaining unaltered 
except for removal of water.
    Restored pure condensed must. Pure condensed must to which has been 
added an amount of water not exceeding the amount removed in the 
dehydration process.
    Sugar. Pure cane, beet, or dextrose sugar in dry for containing, 
respectively, not less than 95 percent of actual sugar calculated on a 
dry basis.
    Total solids. The degrees Brix of the dealcoholized wine restored to 
its original volume.
    Trade buyer. Any person who is a wholesaler or retailer.
    United States. The several States, the District of Columbia, and 
Puerto Rico; the term ``State'' includes the District of Columbia and 
Puerto Rico.
    Use of other terms. Any other term defined in the Federal Alcohol 
Administration Act and used in this part shall have the same meaning 
assigned to it by the Act.
    Wine. (a) Wine as defined in section 610 and section 617 of the 
Revenue Act of 1918 (26 U.S.C. 3036, 3044, 3045) and (b) 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, initation wine, compounds sold as wine, vermouth, cider, perry, 
and sake; in each instance only if containing not less than 7 percent, 
and not more than 24 percent of alcohol by volume, and if for 
nonindustrial use.

[T.D. ATF-48, 43 FR 13532, Mar. 31, 1978, as amended by T.D. ATF-49, 43 
FR 19848, May 9, 1978; T.D. ATF-53, 43 FR 37675, Aug. 23, 1978; 44 FR 
55838, Sept. 29, 1979; T.D. ATF-66, 45 FR 40544, June 13, 1980; T.D. 
ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-299, 55 FR 24988, June 19, 
1990; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000]



                Subpart C--Standards of Identity for Wine



Sec. 4.20  Application of standards.

    The standards of identity for the several classes and types of wine 
set forth herein shall be applicable to all regulations and permits 
issued under the act. Whenever any term for which a standard of identity 
has been established herein is used in any such regulation or permit, 
such term shall have the meaning assigned to it by such standard of 
identity.



Sec. 4.21  The standards of identity.

    Standards of identity for the several classes and types of wine set 
forth in this part shall be as follows:
    (a) Class 1; grape wine--(1) Grape wine is wine produced by the 
normal alcoholic fermentation of the juice of sound, ripe grapes 
(including restored or unrestored pure condensed grape must), with or 
without the addition, after fermentation, of pure condensed grape must, 
and with or without added grape brandy or alcohol, but without

[[Page 16]]

other addition or abstraction except as may occur in cellar treatment: 
Provided, That the product may be ameliorated before, during or after 
fermentation by either of the following methods:
    (i) By adding, separately or in combination, dry sugar, or such an 
amount of sugar and water solution as will not increase the volume of 
the resulting product more than 35 percent; but in no event shall any 
product so ameliorated have an alcoholic content derived by 
fermentation, of more than 13 percent by volume, or a natural acid 
content, if water has been added, of less than 5 parts per thousand, or 
a total solids content of more than 22 grams per 100 cubic centimeters.
    (ii) By adding, separately or in combination, not more than 20 
percent by weight of dry sugar, or not more than 10 percent by weight of 
water.
    (iii) In the case of domestic wine, in accordance with 26 U.S.C. 
5383.
    (iv) The maximum volatile acidity, calculated as acetic acid and 
exclusive of sulfur dioxide is 0.14 gram per 100 mL (20  deg.C) for 
natural red wine and 0.12 gram per 100 mL (20  deg.C) for other grape 
wine: Provided, That the maximum volatile acidity for wine produced from 
unameliorated juice of 28 or more degrees Brix is 0.17 gram per 100 
milliliters for red wine and 0.15 gram per 100 milliliters for white 
wine. Grape wine deriving its characteristic color or lack of color from 
the presence or absence of the red coloring matter of the skins, juice, 
or pulp of grapes may be designated as ``red wine,'' ``pink (or rose) 
wine,'' ``amber wine,'' or ``white wine'' as the case may be. Any grape 
wine containing no added grape brandy or alcohol may be further 
designated as ``natural.''
    (2) Table wine is grape wine having an alcoholic content not in 
excess of 14 percent by volume. Such wine may also be designated as 
``light wine,'' ``red table wine,'' ``light white wine,'' ``sweet table 
wine,'' etc., as the case may be.
    (3) Dessert wine is grape wine having an alcoholic content in excess 
of 14 percent but not in excess of 24 percent by volume. Dessert wine 
having the taste, aroma and characteristics generally attributed to 
sherry and an alcoholic content, derived in part from added grape brandy 
or alcohol, of not less than 17 percent by volume, may be designated as 
``sherry''. Dessert wines having the taste, aroma and characteristics 
generally attributed to angelica, madeira, muscatel and port and an 
alcoholic content, derived in part from added grape brandy or alcohol, 
of not less than 18 percent by volume, may be designated as 
``angelica,'' ``madeira,'' ``muscatel,'' or ``port'' respectively. 
Dessert wines having the taste, aroma, and characteristics generally 
attributed to any of the above products and an alcoholic content, 
derived in part from added grape brandy or alcohol, in excess of 14 
percent by volume but, in the case of sherry, less than 17 percent, or, 
in other cases, less than 18 percent by volume, may be designated as 
``light sherry,'' ``light angelica,'' ``light madeira,'' ``light 
muscatel'' or ``light port,'' respectively.
    (b) Class 2; sparkling grape wine. (1) Sparkling grape wine 
(including ``sparkling wine,'' ``sparkling red wine'' and ``sparkling 
white wine'') is grape wine made effervescent with carbon dioxide 
resulting solely from the fermentation of the wine within a closed 
container, tank or bottle.
    (2) Champagne is a type of sparkling light wine which derives its 
effervescence solely from the secondary fermentation of the wine within 
glass containers of not greater than one gallon capacity, and which 
possesses the taste, aroma, and other characteristics attributed to 
champagne as made in the champagne district of France.
    (3)(i) A sparkling light wine having the taste, aroma, and 
characteristics generally attributed to champagne but not otherwise 
conforming to the standard for ``champagne'' may, in addition to but not 
in lieu of the class designation ``sparkling wine,'' be further 
designated as:
    (A) ``Champagne style;'' or
    (B) ``Champagne type;'' or
    (C) ``American (or New York State, Napa Valley, etc.) champagne,'' 
along with one of the following terms: ``Bulk process,'' ``fermented 
outside the bottle,'' ``secondary fermentation outside the bottle,'' 
``secondary fermentation before bottling,'' ``not fermented in the 
bottle,'' or ``not bottle fermented.'' The

[[Page 17]]

term ``charmat method'' or ``charmat process'' may be used as additional 
information.
    (ii) Labels shall be so designed that all the words in such further 
designation are readily legible under ordinary conditions and are on a 
contrasting background. In the case of paragraph (b)(3)(i)(C) of this 
section, ATF will consider whether the label as a whole provides the 
consumer with adequate information about the method of production and 
origin of the wine. ATF will evaluate each label for legibility and 
clarity, based on such factors as type size and style for all components 
of the further designation and the optional term ``charmat method'' or 
``charmat process,'' as well as the contrast between the lettering and 
its background, and the placement of information on the label.
    (iii) Notwithstanding the provisions of paragraphs (b)(3)(i)(A), (B) 
and (C) of this section, the appropriate ATF officer may authorize the 
use of a term on sparkling wine labels, as an alternative to those terms 
authorized in paragraph (b)(3)(i) of this section, but not in lieu of 
the required class designation ``sparkling wine,'' upon a finding that 
such term adequately informs the consumer about the method of production 
of the sparkling wine.
    (4) Crackling wine, petillant wine, frizzante wine (including 
cremant, perlant, reciotto, and other similar wine) is sparkling light 
wine normally less effervescent than champagne or other similar 
sparkling wine, but containing sufficient carbon dioxide in solution to 
produce, upon pouring under normal conditions, after the disappearance 
of air bubbles, a slow and steady effervescence evidenced by the 
formation of gas bubbles flowing through the wine. Crackling wine which 
derives its effervescence from secondary fermentation in containers 
greater than 1-gallon capacity shall be designated ``crackling wine--
bulk process,'' and the words ``bulk process'' shall appear in lettering 
of substantially the same size as the words ``crackling wine.''
    (c) Class 3; carbonated grape wine. ``Carbonated grape wine'' 
(including ``carbonated wine,'' ``carbonated red wine,'' and 
``carbonated white wine'') is grape wine made effervescent with carbon 
dioxide other than that resulting solely from the secondary fermentation 
of the wine within a closed container, tank or bottle.
    (d) Class 4; citrus wine. (1)(i) Citrus wine or citrus fruit wine is 
wine produced by the normal alcoholic fermentation of the juice of 
sound, ripe citrus fruit (including restored or unrestored pure 
condensed citrus must), with or without the addition, after 
fermentation, of pure condensed citrus must, and with or without added 
citrus brandy or alcohol, but without any other addition or abstraction 
except as may occur in cellar treatment: Provided, That a domestic 
product may be ameliorated or sweetened in accordance with the 
provisions of 26 U.S.C. 5384 and any product other than domestic may be 
ameliorated before, during, or after fermentation by adding, separately 
or in combination, dry sugar, or such an amount of sugar and water 
solution as will not increase the volume of the resulting product more 
than 35 percent, or in the case of products produced from citrus fruit 
having a normal acidity of 20 parts or more per thousand, not more than 
60 percent, but in no event shall any product so ameliorated have an 
alcoholic content, derived by fermentation, of more than 14 percent by 
volume, or a natural acid content, if water has been added, of less than 
5 parts per thousand, or a total solids content or more than 22 grams 
per 100 cubic centimeters.
    (ii) The maximum volatile acidity, calculated as acetic acid and 
exclusive of sulfur dioxide, shall not be, for natural citrus wine, more 
than 0.14 gram, and for other citrus wine, more than 0.12 gram, per 100 
milliliters (20  deg.C.).
    (iii) Any citrus wine containing no added brandy or alcohol may be 
further designated as ``natural.''
    (2) Citrus table wine or citrus fruit table wine is citrus wine 
having an alcoholic content not in excess of 14 percent by volume. Such 
wine may also be designated ``light citrus wine,'' ``light citrus fruit 
wine,'' ``light sweet citrus fruit wine,'' etc., as the case may be.
    (3) Citrus dessert wine or citrus fruit dessert wine is citrus wine 
having an alcoholic content in excess of 14 percent but not in excess of 
24 percent by volume.

[[Page 18]]

    (4) Citrus wine derived wholly (except for sugar, water, or added 
alcohol) from one kind of citrus fruit, shall be designated by the word 
``wine'' qualified by the name of such citrus fruit, e.g., ``orange 
wine,'' ``grapefruit wine.'' Citrus wine not derived wholly from one 
kind of citrus fruit shall be designated as ``citrus wine'' or ``citrus 
fruit wine'' qualified by a truthful and adequate statement of 
composition appearing in direct conjunction therewith. Citrus wine 
rendered effervescent by carbon dioxide resulting solely from the 
secondary fermentation of the wine within a closed container, tank, or 
bottle shall be further designated as ``sparkling''; and citrus wine 
rendered effervescent by carbon dioxide otherwise derived shall be 
further designated as ``carbonated.''
    (e) Class 5; fruit wine. (1)(i) Fruit wine is wine (other than grape 
wine or citrus wine) produced by the normal alcoholic fermentation of 
the juice of sound, ripe fruit (including restored or unrestored pure 
condensed fruit must), with or without the addition, after fermentation, 
of pure condensed fruit must, and with or without added fruit brandy or 
alcohol, but without other addition or abstraction except as may occur 
in cellar treatment: Provided, That a domestic product may be 
ameliorated or sweetened in accordance with the provisions of 26 U.S.C. 
5384 and any product other than domestic may be ameliorated before, 
during, or after fermentation by adding, separately or in combination, 
dry sugar, or such an amount of dry sugar and water solution as will 
increase the volume of the resulting product, in the case of wines 
produced from any fruit or berry other than grapes, having a normal 
acidity of 20 parts or more per thousand, not more than 60 percent, and 
in the case of other fruit wines, not more than 35%, but in no event 
shall any product so ameliorated have an alcoholic content, derived by 
fermentation, of more than 14 percent by volume, or a natural acid 
content, if water has been added, of less than 5 parts per thousand, or 
a total solids content of more than 22 grams per 100 cubic centimeters.
    (ii) The maximum volatile acidity, calculated as acetic acid and 
exclusive of sulfur dioxide, shall not be, for natural fruit wine, more 
than 0.14 gram, and for other fruit wine, more than 0.12 gram, per 100 
milliliters (20  deg.C.).
    (iii) Any fruit wine containing no added brandy or alcohol may be 
further designated as ``natural.''
    (2) Berry wine is fruit wine produced from berries.
    (3) Fruit table wine or berry table wine is fruit or berry wine 
having an alcoholic content not in excess of 14 percent by volume. Such 
wine may also be designated ``light fruit wine,'' or ``light berry 
wine.''
    (4) Fruit dessert wine or berry dessert wine is fruit or berry wine 
having an alcoholic content in excess of 14 percent but not in excess of 
24 percent by volume.
    (5) Fruit wine derived wholly (except for sugar, water, or added 
alcohol) from one kind of fruit shall be designated by the word ``wine'' 
qualified by the name of such fruit, e.g., ``peach wine,'' ``blackberry 
wine.'' Fruit wine not derived wholly from one kind of fruit shall be 
designated as ``fruit wine'' or ``berry wine,'' as the case may be, 
qualified by a truthful and adequate statement of composition appearing 
in direct conjunction therewith. Fruit wines which are derived wholly 
(except for sugar, water, or added alcohol) from apples or pears may be 
designated ``cider'' and ``perry,'' respectively, and shall be so 
designated if lacking in vinous taste, aroma, and characteristics. Fruit 
wine rendered effervescent by carbon dioxide resulting solely from the 
secondary fermentation of the wine within a closed container, tank, or 
bottle shall be further designated as ``sparkling''; and fruit wine 
rendered effervescent by carbon dioxide otherwise derived shall be 
further designated as ``carbonated.''
    (f) Class 6; wine from other agricultural products. (1)(i) Wine of 
this class is wine (other than grape wine, citrus wine, or fruit wine) 
made by the normal alcoholic fermentation of sound fermentable 
agricultural products, either fresh or dried, or of the restored or 
unrestored pure condensed must thereof, with the addition before or 
during fermentation of a volume of water not greater than the minimum 
necessary

[[Page 19]]

to correct natural moisture deficiencies in such products, with or 
without the addition, after fermentation, of pure condensed must, and 
with or without added alcohol or such other spirits as will not alter 
the character of the product, but without other addition or abstraction 
except as may occur in cellar treatment: Provided, That a domestic 
product may be ameliorated or sweetened in accordance with part 24, of 
this chapter, and any product other than domestic may be ameliorated 
before, during, or after fermentation by adding, separately or in 
combination, dry sugar or such an amount of sugar and water solution as 
will not increase the volume of the resulting product more than 35 
percent, but in no event shall any product so ameliorated have an 
alcoholic content, derived by fermentation of more than 13 percent by 
volume, or a natural acid content, if water has been added, of less than 
5 parts per thousand, or a total solids content of more than 22 grams 
per 100 cubic centimeters.
    (ii) The maximum volatile acidity, calculated as acetic acid and 
exclusive of sulfur dioxide, shall not be, for natural wine of this 
class, more than 0.14 gram, and for other wine of this class, more than 
0.12 gram, per 100 milliliters (20  deg.C.).
    (iii) Wine of this class containing no added alcohol or other 
spirits may be further designated as ``natural''.
    (2) Table wine of this class is wine having an alcoholic content not 
in excess of 14 percent by volume. Such wine may also be designated as 
``light''.
    (3) Dessert wine of this class is wine having an alcoholic content 
in excess of 14 percent but not in excess of 24 percent by volume.
    (4) Raisin wine is wine of this class made from dried grapes.
    (5) Sake is wine of this class produced from rice in accordance with 
the commonly accepted method of manufacture of such product.
    (6) Wine of this class derived wholly (except for sugar, water, or 
added alcohol) from one kind of agricultural product shall except in the 
case of ``sake,'' be designated by the word ``wine'' qualified by the 
name of such agricultural product, e.g., ``honey wine,'' ``raisin 
wine,'' ``dried blackberry wine.'' Wine of this class not derived wholly 
from one kind of agricultural product shall be designated as ``wine'' 
qualified by a truthful and adequate statement of composition appearing 
in direct conjunction therewith. Wine of this class rendered 
effervescent by carbon dioxide resulting solely from the secondary 
fermentation of wine within a closed container, tank, or bottle shall be 
further designated as ``sparkling''; and wine of this class rendered 
effervescent by carbon dioxide otherwise derived shall be further 
designated as ``carbonated.''
    (g) Class 7; aperitif wine. (1) Aperitif wine is wine having an 
alcoholic content of not less than 15 percent by volume, compounded from 
grape wine containing added brandy or alcohol, flavored with herbs and 
other natural aromatic flavoring materials, with or without the addition 
of caramel for coloring purposes, and possessing the taste, aroma, and 
characteristics generally attributed to aperitif wine and shall be so 
designated unless designated as ``vermouth'' under paragraph (g)(2) of 
this section.
    (2) Vermouth is a type of aperitif wine compounded from grape wine, 
having the taste, aroma, and characteristics generally attributed to 
vermouth, and shall be so designated.
    (h) Class 8; imitation and substandard or other than standard wine. 
(1) ``Imitation wine'' shall bear as a part of its designation the word 
``imitation,'' and shall include:
    (i) Any wine containing synthetic materials.
    (ii) Any wine made from a mixture of water with residue remaining 
after thorough pressing of grapes, fruit, or other agricultural 
products.
    (iii) Any class or type of wine the taste, aroma, color, or other 
characteristics of which have been acquired in whole or in part, by 
treatment with methods or materials of any kind (except as permitted in 
Sec. 4.22(c)(6)), if the taste, aroma, color, or other characteristics 
of normal wines of such class or type are acquired without such 
treatment.
    (iv) Any wine made from must concentrated at any time to more than 
80 deg. (Balling).

[[Page 20]]

    (2) ``Substandard wine'' or ``other than standard wine'' shall bear 
as a part of its designation the word ``substandard,'' and shall 
include:
    (i) Any wine having a volatile acidity in excess of the maximum 
prescribed therefor in Secs. 4.20 to 4.25.
    (ii) Any wine for which no maximum volatile acidity is prescribed in 
Secs. 4.20 to 4.25, inclusive, having a volatile acidity, calculated as 
acetic acid and exclusive of sulfur dioxide, in excess of 0.14 gram per 
100 milliliters (20  deg.C.).
    (iii) Any wine for which a standard of identity is prescribed in 
this Secs. 4.20 to 4.25, inclusive, which, through disease, 
decomposition, or otherwise, fails to have the composition, color, and 
clean vinous taste and aroma of normal wines conforming to such 
standard.
    (iv) Any ``grape wine'' ``citrus wine,'' ``fruit wine,'' or ``wine 
from other agricultural products'' to which has been added sugar and 
water solution in an amount which is in excess of the limitations 
prescribed in the standards of identity for these products, unless, in 
the case of ``citrus wine,'' ``fruit wine'' and ``wine from other 
agricultural products'' the normal acidity of the material from which 
such wine is produced is 20 parts or more per thousand and the volume of 
the resulting product has not been increased more than 60 percent by 
such addition.
    (i) Class 9; retsina wine. ``Retsina wine'' is grape table wine 
fermented or flavored with resin.

    Cross Reference: For regulations relating to the use of spirits in 
wine, see part 24 of this chapter.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 6776, 29 FR 
16985, Dec. 11, 1964; T.D. 7185, 37 FR 7975, Apr. 22, 1972; T.D. ATF-48, 
44 FR 55839, Sept. 28, 1979; T.D. ATF-299, 55 FR 24988, June 19, 1990; 
T.D. ATF-312, 56 FR 31076, July 9, 1991; T.D. ATF-335, 58 FR 5615, Jan. 
22, 1993; T.D. ATF-355, 59 FR 14553, Mar. 29, 1994; T.D. 372, 61 FR 
20723, May 8, 1996; T.D. ATF-398, 63 FR 44782, Aug. 21, 1998; T.D. ATF-
403, 64 FR 50252, Sept. 16, 1999; T.D. ATF-458, 66 FR 37578, July 19, 
2001; T.D. ATF-470, 66 FR 58944, Nov. 26, 2001]



Sec. 4.22  Blends, cellar treatment, alteration of class or type.

    (a) If the class or type of any wine shall be altered, and if the 
product as so altered does not fall within any other class or type 
either specified in Secs. 4.20 through 4.25 or known to the trade, then 
such wine shall, unless otherwise specified in this section, be 
designated with a truthful and adequate statement of composition in 
accordance with Sec. 4.34.
    (b) Alteration of class or type shall be deemed to result from any 
of the following occurring before, during, or after production.
    (1) Treatment of any class or type of wine with substances foreign 
to such wine which remain therein: Provided, That the presence in 
finished wine of not more than 350 parts per million of total sulfur 
dioxide, or sulphites expressed as sulfur dioxide, shall not be 
precluded under this paragraph.
    (2) Treatment of any class or type of wine with substances not 
foreign to such wine but which remain therein in larger quantities than 
are naturally and normally present in other wines of the same class or 
type not so treated.
    (3) Treatment of any class or type of wine with methods or materials 
of any kind to such an extent or in such manner as to affect the basic 
composition of the wine so treated by altering any of its characteristic 
elements.
    (4) Blending of wine of one class with wine of another class or the 
blending of wines of different types within the same class.
    (5) Treatment of any class or type of wine for which a standard of 
identity is prescribed in this article with sugar or water in excess of 
the quantities specifically authorized by such standard: Provided, That 
the class or type thereof shall not be deemed to be altered where such 
wine (other than grape wine) is derived from fruit, or other 
agricultural products, having a high normal acidity, if the total solids 
content is not more than 22 grams per 100 cubic centimeters, and the 
content of natural acid is not less than 7.5 parts per thousand and 
where such wine is derived exclusively from fruit, or other agricultural 
products, the normal acidity of which is 20 parts or more per thousand, 
if the volume of the resulting product has been increased not more than 
60 percent by the addition of sugar and water solution, for the sole 
purpose of correcting natural deficiencies due to such acidity, and 
(except in the case of such wine when produced from fruit or

[[Page 21]]

berries other than grapes) there is stated as part of the class and type 
designation the phrase ``Made with over 35 percent sugar solution.''
    (c) Nothing in this section shall preclude the treatment of wine of 
any class or type in the manner hereinafter specified, provided such 
treatment does not result in the alteration of the class or type of the 
wine under the provisions of paragraph (b) of this section.
    (1) Treatment with filtering equipment, and with fining or 
sterilizing agents.
    (2) Treatment with pasteurization as necessary to perfect the wines 
to commercial standards in accordance with acceptable cellar practice 
but only in such a manner and to such an extent as not to change the 
basic composition of the wine nor to eliminate any of its characteristic 
elements.
    (3) Treatment with refrigeration as necessary to perfect the wine to 
commercial standards in accordance with acceptable cellar practice but 
only in such a manner and to such an extent as not to change the basic 
composition of the wine nor to eliminate any of its characteristic 
elements.
    (4) Treatment with methods and materials to the minimum extent 
necessary to correct cloudiness, precipitation, or abnormal color, odor, 
or flavor developing in wine.
    (5) Treatment with constituents naturally present in the kind of 
fruit or other agricultural product from which the wine is produced for 
the purpose of correcting deficiencies of these constituents, but only 
to the extent that such constituents would be present in normal wines of 
the same class or type not so treated.
    (6) Treatment of any class or type of wine involving the use of 
volatile fruit-flavor concentrates in the manner provided in section 
5382 of the Internal Revenue Code.
    (7) Notwithstanding the provisions of Sec. 4.21(b) (1), (2) and (4), 
(c), (d)(4), (e)(5), and (f)(6) carbon dioxide may be used to maintain 
counterpressure during the transfer of finished sparkling wines from (i) 
bulk processing tanks to bottles, or (ii) bottle to bottle: Provided, 
That the carbon dioxide content of the wine shall not be increased by 
more than 0.009 gm. per 100 ml. during the transfer operation.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 6776, 29 FR 
16985, Dec. 11, 1964; T.D. 7185, 37 FR 7976, Apr. 22, 1972; T.D. ATF-
403, 64 FR 50253, Sept. 16, 1999; T.D. ATF-458, 66 FR 37578, July 19, 
2001]



Sec. 4.23  Varietal (grape type) labeling.

    (a) General. The names of one or more grape varieties may be used as 
the type designation of a grape wine only if the wine is also labeled 
with an appellation of origin as defined in Sec. 4.25a.
    (b) One variety. Except as provided in paragraph (c) of this 
section, the name of a single grape variety may be used as the type 
designation if not less than 75 percent of the wine is derived from 
grapes of that variety, the entire 75 percent of which was grown in the 
labeled appellation of origin area.
    (c) Exceptions. (1) Wine made from any Vitis labrusca variety 
(exclusive of hybrids with Vitis labrusca parentage) may be labeled with 
the variety name if:
    (i) Not less than 51 percent of the wine is derived from grapes of 
the named variety;
    (ii) The statement ``contains not less than 51 percent (name of 
variety)'' is shown on the brand label, back label, or a separate strip 
label, (except that this statement need not appear if 75 percent or more 
of the wine is derived from grapes of the named variety); and
    (iii) The entire qualifying percentage of the named variety was 
grown in the labeled appellation of origin area.
    (2) Wine made from any variety of any species found by the 
appropriate ATF officer upon appropriate application to be too strongly 
flavored at 75 percent minimum varietal content may be labeled with the 
varietal name if:
    (i) Not less than 51 percent of the wine is derived from grapes of 
that variety;
    (ii) The statement ``contains not less than 51 percent (name of 
variety)'' is shown on the brand label, back label, or a separate strip 
label (except that this statement need not appear if 75 percent or more 
of the wine is derived from grapes of the named variety); and

[[Page 22]]

    (iii) The entire qualifying percentage of the named variety was 
grown in the labeled appellation of origin area.
    (d) Two or more varieties. The names of two or more grape varieties 
may be used as the type designation if:
    (1) All of the grapes used to make the wine are of the labeled 
varieties;
    (2) The percentage of the wine derived from each variety is shown on 
the label (with a tolerance of plus or minus 2 percent); and
    (3)(i) If labeled with a multicounty appellation of origin, the 
percentage of the wine derived from each variety from each county is 
shown on the label; or
    (ii) If labeled with a multistate appellation of origin, the 
percentage of the wine derived from each variety from each state is 
shown on the label.
    (e) List of approved variety names. Effective February 7, 1996, the 
name of a grape variety may be used as a type designation for an 
American wine only if that name has been approved by the Director. A 
list of approved grape variety names appears in subpart J of this part.

[T.D. ATF-370, 61 FR 538, Jan. 8, 1996]



Sec. 4.24  Generic, semi-generic, and non-generic designations of geographic significance.

    (a)(1) A name of geographic significance which is also the 
designation of a class or type of wine, shall be deemed to have become 
generic only if so found by the appropriate ATF officer.
    (2) Examples of generic names, originally having geographic 
significance, which are designations for a class or type of wine are: 
Vermouth, Sake.
    (b)(1) 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 appropriate ATF officer. Semi-
generic designations may be used to designate wines of an origin other 
than that indicated by such name only if there appears in direct 
conjunction therewith an appropriate appellation of origin disclosing 
the true place of origin of the wine, and if the wine so designated 
conforms to the standard of identity, if any, for such wine contained in 
the regulations in this part or, if there be no such standard, to the 
trade understanding of such class or type. See Sec. 24.257(c) of this 
chapter for exceptions to the appropriate ATF officer's authority to 
remove names from paragraph (b)(2) of this section.
    (2) Examples of semi-generic names which are also type designations 
for grape wines are Angelica, Burgundy, Claret, Chablis, Champagne, 
Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine Wine (syn. 
Hock), Sauterne, Haut Sauterne, Sherry, Tokay.
    (c)(1) A name of geographic significance, which has not been found 
by the appropriate ATF officer to be generic or semi-generic may be used 
only to designate wines of the origin indicated by such name, but such 
name shall not be deemed to be the distinctive designation of a wine 
unless the Director finds that it is known to the consumer and to the 
trade as the designation of a specific wine of a particular place or 
region, distinguishable from all other wines.
    (2) Examples of nongeneric names which are not distinctive 
designations of specific grape wines are: American, California, Lake 
Erie, Napa Valley, New York State, French, Spanish. Additional examples 
of foreign nongeneric names are listed in subpart C of part 12 of this 
chapter.
    (3) Examples of nongeneric names which are also distinctive 
designations of specific grape wines are: Bordeaux Blanc, Bordeaux 
Rouge, Graves, Medoc, Saint-Julien, Chateau Yquem, Chateau Margaux, 
Chateau Lafite, Pommard, Chambertin, Montrachet, Rhone, Liebfraumilch, 
Rudesheimer, Forster, Deidesheimer, Schloss Johannisberger, Lagrima, and 
Lacryma Christi. A list of foreign distinctive designations, as 
determined by the Director, appears in subpart D of part 12 of this 
chapter.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-296, 55 
FR 17967, Apr. 30, 1990; T.D. ATF-398, 63 FR 44783, Aug. 21, 1998; T.D. 
ATF-425, 65 FR 11890, 11891, Mar. 7, 2000]



Sec. 4.25  Appellations of origin.

    (a) A wine shall be entitled to an appellation of origin if (1) at 
least 75 percent of its volume is derived from fruit or agricultural 
products grown in the

[[Page 23]]

place or region indicated by such appellation, (2) it has been fully 
manufactured and finished within the State in which such place or region 
is located, and (3) it conforms to the requirements of the laws and 
regulations of such place or region governing the composition, method of 
manufacture, and designation of wines for home consumption.
    (b) Wines subjected to cellar treatment outside the place or region 
of origin under the provisions of Sec. 4.22(c), and blends of wines of 
the same origin blended together outside the place or region of origin 
(if all the wines in the blend have a common class, type or other 
designation which is employed as the designation of the blend) shall be 
entitled to the same appellation of origin to which they would be 
entitled if such cellar treatment or blending took place within the 
place or region of origin.
    (c) This section does not apply after December 31, 1982.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 7185, 37 FR 
7976, Apr. 22, 1972; T.D. ATF-201, 50 FR 12533, Mar. 29, 1985]



Sec. 4.25a  Appellations of origin.

    (a) Definition--(1) American wine. An American appellation of origin 
is: (i) The United States; (ii) a State; (iii) two or no more than three 
States which are all contiguous; (iv) a county (which must be identified 
with the word ``county'', in the same size of type, and in letters as 
conspicuous as the name of the county); (v) two or no more than three 
counties in the same States; or (vi) a viticultural area (as defined in 
paragraph (e) of this section).
    (2) Imported wine. An appellation of origin for imported wine is: 
(i) A country, (ii) a state, province, territory, or similar political 
subdivision of a country equivalent to a state or county; or (iii) a 
viticultural area.
    (b) Qualification--(1) American wine. An American wine is entitled 
to an appellation of origin other than a multicounty or multistate 
appellation, or a viticultural area, if:
    (i) At least 75 percent of the wine is derived from fruit or 
agricultural products grown in the appellation area indicated; (ii) it 
has been fully finished (except for cellar treatment pursuant to 
Sec. 4.22(c), and blending which does not result in an alteration of 
class or type under Sec. 4.22(b)) in the United States, if labeled 
``American''; or, if labeled with a State appellation, within the 
labeled State or an adjacent State; or if labeled with a county 
appellation, within the State in which the labeled county is located; 
and (iii) it conforms to the laws and regulations of the named 
appellation area governing the composition, method of manufacture, and 
designation of wines made in such place.
    (2) Imported wine. An imported wine is entitled to an appellation of 
origin other than a viticultural area if:
    (i) At least 75 percent of the wine is derived from fruit or 
agricultural products grown in the area indicated by the appellation of 
origin; and (ii) The wine conforms to the requirements of the foreign 
laws and regulations governing the composition, method of production, 
and designation of wines available for consumption within the country of 
origin.
    (c) Multicounty appellations. An appellation of origin comprising 
two or no more than three counties in the same State may be used if all 
of the fruit or other agricultural products were grown in the counties 
indicated, and the percentage of the wine derived from fruit or other 
agricultural products grown in each county is shown on the label with a 
tolerance of plus or minus two percent.
    (d) Multistate appellation. An appelation of origin comprising two 
or no more than three States which are all contiguous may be used, if:
    (1) All of the fruit or other agricultural products were grown in 
the States indicated, and the percentage of the wine derived from fruit 
or other agricultural products grown in each State is shown on the label 
with a tolerance of plus or minus two percent;
    (2) it has been fully finished (except for cellar treatment pursuant 
to Sec. 4.22(c), and blending which does not result in an alteration of 
class or type under Sec. 4.22(b)) in one of the labeled appellation 
States; (3) it conforms to the laws and regulations governing the 
composition, method of manufacture, and designation of wines in all the 
States listed in the appellation.

[[Page 24]]

    (e) Viticultural area--(1) Definition--(i) American wine. A 
delimited grape growing region distinguishable by geographical features, 
the boundaries of which have been recognized and defined in part 9 of 
this chapter.
    (ii) Imported wine. A delimited place or region (other than an 
appellation defined in paragraph (a)(2)(i) or (a)(2)(ii)) the boundaries 
of which have been recognized and defined by the country of origin for 
use on labels of wine available for consumption within the country of 
origin.
    (2) Establishment of American viticultural areas. Petitions for 
establishment of American viticultural areas may be made to the Director 
by any interested party, pursuant to the provisions of Sec. 70.701(c) of 
this title. The petition may be in the form of a letter, and should 
contain the following information referred to in Sec. 9.3(b) of this 
title.
    (3) Requirements for use. A wine may be labeled with a viticultural 
area appellation if:
    (i) The appellation has been approved under part 9 of this title or 
by the appropriate foreign government;
    (ii) Not less than 85 percent of the wine is derived from grapes 
grown within the boundaries of the viticultural area;
    (iii) In the case of foreign wine, it conforms to the requirements 
of the foreign laws and regulations governing the composition, method of 
production, and designation of wines available for consumption within 
the country of origin; and
    (iv) In the case of American wine, it has been fully finished within 
the State, or one of the States, within which the labeled viticultural 
area is located (except for cellar treatment pursuant to Sec. 4.22(c), 
and blending which does not result in an alteration of class and type 
under Sec. 4.22(b)).
    (4) Overlap viticultural area appellations. An appellation of origin 
comprised of more than one viticultural area may be used in the case of 
overlapping viticultural areas if not less than 85 percent of the volume 
of the wine is derived from grapes grown in the overlapping area.

[T.D. ATF-53, 43 FR 37675, Aug. 23, 1978, as amended by T.D. ATF-84, 46 
FR 29261, June 1, 1981; T.D. ATF-92, 46 FR 46912, Sept. 23, 1981; T.D. 
ATF-195, 50 FR 763, Jan. 7, 1985; T.D. ATF-201, 50 FR 12533, Mar. 29, 
1985; T.D. ATF-222, 51 FR 3774, Jan. 30 1986; T.D. ATF-312, 56 FR 31076, 
July 9, 1991; T.D. ATF-355, 59 FR 14553, Mar. 29, 1994; T.D. ATF-432, 65 
FR 69253, Nov. 16, 2000]



Sec. 4.26  Estate bottled.

    (a) Conditions for use. The term Estate bottled may be used by a 
bottling winery on a wine label only if the wine is labeled with a 
viticultural area appellation of origin and the bottling winery:
    (1) Is located in the labeled viticultural area; (2) grew all of the 
grapes used to make the wine on land owned or controlled by the winery 
within the boundaries of the labeled viticultural area; (3) crushed the 
grapes, fermented the resulting must, and finished, aged, and bottled 
the wine in a continuous process (the wine at no time having left the 
premises of the bottling winery).
    (b) Special rule for cooperatives. Grapes grown by members of a 
cooperative bottling winery are considered grown by the bottling winery.
    (c) Definition of ``Controlled''. For purposes of this section, 
Controlled by refers to property on which the bottling winery has the 
legal right to perform, and does perform, all of the acts common to 
viticulture under the terms of a lease or similar agreement of at least 
3 years duration.
    (d) Use of other terms. No term other than Estate bottled may be 
used on a label to indicate combined growing and bottling conditions.

[T.D. ATF-53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF-201, 50 
FR 12533, Mar. 29, 1985]



Sec. 4.27  Vintage wine.

    (a) General. Vintage wine is wine labeled with the year of harvest 
of the grapes and made in accordance with the standards prescribed in 
classes 1, 2, or 3 of Sec. 4.21. At least 95 percent of the wine must 
have been derived from

[[Page 25]]

grapes harvested in the labeled calendar year, and the wine must be 
labeled with an appellation of origin other than a country (which does 
not qualify for vintage labeling). The appellation shall be shown in 
direct conjunction with the designation required by Sec. 4.32(a)(2), in 
lettering substantially as conspicuous as that designation. In no event 
may the quantity of wine removed from the producing winery, under labels 
bearing a vintage date, exceed the volume of vintage wine produced in 
that winery during the year indicated by the vintage date.
    (b) American wine. A permittee who produced and bottled or packed 
the wine, or a person other than the producer who repackaged the wine in 
containers of 5 liters (or 1-gallon before January 1, 1979) or less may 
show the year of vintage upon the label if the person possesses 
appropriate records from the producer substantiating the year of vintage 
and the appellation of origin; and if the wine is made in compliance 
with the provisions of paragraph (a) of this section.
    (c) Imported wine. Imported wine may bear a vintage date if: (1) It 
is made in compliance with the provisions of paragraph (a) of this 
section; (2) it is bottled in containers of 5 liters (or 1-gallon before 
January 1, 1979) or less prior to importation, or bottled in the United 
States from the original container of the product (showing a vintage 
date); (3) if the invoice is accompanied by, or the American bottler 
possesses, a certificate issued by a duly authorized official of the 
country of origin (if the country of origin authorizes the issuance of 
such certificates) certifying that the wine is of the vintage shown, 
that the laws of the country regulate the appearance of vintage dates 
upon the labels of wine produced for consumption within the country of 
origin, that the wine has been produced in conformity with those laws, 
and that the wine would be entitled to bear the vintage date if it had 
been sold within the country of origin.

[T.D. ATF-53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF-195, 50 
FR 763, Jan. 7, 1985]



Sec. 4.28  Type designations of varietal significance.

    The following are type designations of varietal significance for 
American wine. These names may be used as type designations for American 
wines only if the wine is labeled with an appellation of origin as 
defined in Sec. 4.25a.
    (a) Muscadine. An American wine which derives at least 75 percent of 
its volume from Muscadinia rotundifolia grapes.
    (b) Muscatel. An American wine which derives its predominant taste, 
aroma, characteristics and at least 75 percent of its volume from any 
Muscat grape source, and which meets the requirements of 
Sec. 4.21(a)(3).
    (c) Muscat or Moscato. An American wine which derives at least 75 
percent of its volume from any Muscat grape source.
    (d) Scuppernong. An American wine which derives at least 75 percent 
of its volume from bronze Muscadinia rotundifolia grapes.
    (e)(1) Gamay Beaujolais. An American wine which derives at least 75 
percent of its volume from Pinot noir grapes, Valdiguie grapes, or a 
combination of both.
    (2) For wines bottled on or after January 1, 1999, and prior to 
April 9, 2007, the name ``Gamay Beaujolais'' may be used as a type 
designation only if there appears in direct conjunction therewith, but 
on a separate line and separated by the required appellation of origin, 
the name(s) of the grape variety or varieties used to satisfy the 
requirements of paragraph (e)(1) of this section. Where two varietal 
names are listed, they shall appear on the same line, in order of 
predominance. The appellation of origin shall appear either on a 
separate line between the name ``Gamay Beaujolais'' and the grape 
variety name(s) or on the same line as the grape variety name(s) in a 
manner that qualifies the grape variety name(s). The following statement 
shall also appear on the brand or back label: ``Gamay Beaujolais is made 
from at least 75 percent Pinot noir and/or Valdiguie grapes.''
    (3) The designation ``Gamay Beaujolais'' may not be used on labels 
of

[[Page 26]]

American wines bottled on or after April 9, 2007.

[T.D. ATF-370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF-388, 62 
FR 16490, Apr. 7, 1997; T.D. ATF-388a, 62 FR 33747, June 23, 1997]



                Subpart D--Labeling Requirements for Wine



Sec. 4.30  General.

    (a) Application. No person engaged in business as a producer, 
rectifier, blender, importer, or wholesaler, directly or indirectly or 
through an affiliate, shall sell or ship or deliver for sale or 
shipment, or otherwise introduce in interstate or foreign commerce, or 
receive therein, or remove from customs custody, any wine in containers 
unless such wine is packaged, and such packages are marked, branded, and 
labeled in conformity with this article. Wine domestically bottled or 
packed prior to Dec. 15, 1936, and imported wine entered in customs bond 
in containers prior to that date shall be regarded as being packaged, 
marked, branded and labeled in accordance with this article, if the 
labels on such wine (1) bear all the mandatory label information 
required by Sec. 4.32, even though such information is not set forth in 
the manner and form as required by Sec. 4.32 and other sections of this 
title referred to therein, and (2) bear no statements, designs, or 
devices which are false or misleading.
    (b) Alteration of labels. (1) It shall be unlawful for any person to 
alter, mutilate, destroy, obliterate or remove any mark, brand, or label 
upon wine held for sale in interstate or foreign commerce or after 
shipment therein, except as authorized by Federal law, or except as 
provided in paragraph (b)(2) of this section: Provided, That the 
appropriate ATF officer may, upon written application, permit additional 
labeling or relabeling of wine for purposes of compliance with the 
requirements of this part or of State law.
    (2) No application for permission to relabel wine need be made in 
any case where there is added to the container, after removal from 
customs custody or from the premises where bottled or packed, a label 
identifying the wholesale or retail distributor thereof, and containing 
no reference whatever to the characteristics of the product.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-425, 65 
FR 11891, Mar. 7, 2000]

    Cross Reference: For customs warehouses and control of merchandise 
therein, see 19 CFR part 19.



Sec. 4.32  Mandatory label information.

    (a) There shall be stated on the brand label:
    (1) Brand name, in accordance with Sec. 4.33.
    (2) Class, type, or other designation, in accordance with Sec. 4.34.
    (3) Alcohol content, in accordance with Sec. 4.36.
    (4) On blends consisting of American and foreign wines, if any 
reference is made to the presence of foreign wine, the exact percentage 
by volume.
    (b) There shall be stated on any label affixed to the container:
    (1) Name and address, in accordance with Sec. 4.35.
    (2) Net contents, in accordance with Sec. 4.37. If the net contents 
is a standard of fill other than an authorized metric standard of fill 
as prescribed in Sec. 4.73, the net contents statement shall appear on a 
label affixed to the front of the bottle.
    (c) There shall be stated on the brand label or on a back label a 
statement that the product contains FD&C Yellow No. 5, where that 
coloring material is used in a product bottled on or after October 6, 
1984.
    (d) There shall be stated on a front or back label, separate and 
apart from all other information, the following statement when saccharin 
is present in the finished product: Use of this product may be hazardous 
to your health. This product contains saccharin which has been 
determined to cause cancer in laboratory animals.
    (e) Declaration of sulfites. There shall be stated on a front label, 
back label, strip label or neck label, the statement ``Contains 
sulfites'' or ``Contains (a) sulfiting agent(s)'' or a statement 
identifying the specific sulfiting agent where sulfur dioxide or a 
sulfiting agent is detected at a level of 10 or more parts per million, 
measured as total sulfur dioxide. The provisions of this paragraph shall 
apply to:

[[Page 27]]

    (1) Any certificate of label approval issued on or after January 9, 
1987;
    (2) Any wine bottled on or after July 9, 1987, regardless of the 
date of issuance of the certificate of label approval; and,
    (3) Any wine removed on or after January 9, 1988.

(Paragraph (e) approved by the Office of Management and Budget under 
Control No. 1512-0469)

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-150, 48 
FR 45556, Oct. 6, 1983; T.D. ATF-195, 50 FR 763, Jan. 7, 1985; T.D. ATF-
220, 50 FR 51852, Dec. 20, 1985; T.D. ATF-236, 51 FR 34710, Sept. 30, 
1986; T.D. ATF-282, 54 FR 7162, Feb. 16, 1989; T.D. ATF-312, 56 FR 
31076, 31077, July 9, 1991]



Sec. 4.33  Brand names.

    (a) General. The product shall bear a brand name, except that if not 
sold under a brand name, then the name of the person required to appear 
on the brand label shall be deemed a brand name for the purpose of this 
part.
    (b) Misleading brand names. No label shall contain any brand name, 
which, standing alone, or in association with other printed or graphic 
matter creates any impression or inference as to the age, origin, 
identity, or other characteristics of the product unless the appropriate 
ATF officer finds that such brand name, either when qualified by the 
word ``brand'' or when not so qualified, conveys no erroneous 
impressions as to the age, origin, identity, or other characteristics of 
the product.
    (c) Trade name of foreign origin. This section shall not operate to 
prohibit the use by any person of any trade name or brand of foreign 
origin not effectively registered in the United States Patent Office on 
August 29, 1935, which has been used by such person or his predecessors 
in the United States for a period of at least five years immediately 
preceding August 29, 1935: Provided, That if such trade name or brand is 
used, the designation of the product shall be qualified by the name of 
the locality in the United States in which produced, and such 
qualifications shall be in script, type, or printing as conspicuous as 
the trade name or brand.



Sec. 4.34  Class and type.

    (a) The class of the wine shall be stated in conformity with subpart 
C of this part if the wine is defined therein, except that ``table'' 
(``light'') and ``dessert'' wines need not be designated as such. In the 
case of still grape wine there may appear, in lieu of the class 
designation, any varietal (grape type) designation, type designation of 
varietal significance, semigeneric geographic type designation, or 
geographic distinctive designation, to which the wine may be entitled. 
In the case of champagne, or crackling wines, the type designation 
``champagne'' or ``crackling wine'' (``petillant wine'', ``frizzante 
wine'') may appear in lieu of the class designation ``sparkling wine''. 
In the case of wine which has a total solids content of more than 17 
grams per 100 cubic centimeters the words ``extra sweet'', ``specially 
sweetened'', ``specially sweet'' or ``sweetened with excess sugar'' 
shall be stated as a part of the class and type designation. The last of 
these quoted phrases shall appear where required by part 24 of this 
chapter, on wines sweetened with sugar in excess of the maximum 
quantities specified in such regulations. If the class of the wine is 
not defined in subpart C, a truthful and adequate statement of 
composition shall appear upon the brand label of the product in lieu of 
a class designation. In addition to the mandatory designation for the 
wine, there may be stated a distinctive or fanciful name, or a 
designation in accordance with trade understanding. The statement of 
composition will not include any reference to a varietal (grape type) 
designation, type designation of varietal significance, semi-generic 
geographic type designation, or geographic distinctive designation. All 
parts of the designation of the wine, whether mandatory or optional, 
shall be in direct conjunction and in lettering substantially of the 
same size and kind.
    (b) An appellation of origin such as ``American,'' ``New York,'' 
``Napa Valley,'' or ``Chilean,'' disclosing the true place of origin of 
the wine, shall appear in direct conjunction with and in lettering 
substantially as conspicuous as the class and type designation if:

[[Page 28]]

    (1) A varietal (grape type) designation is used under the provisions 
of Sec. 4.23;
    (2) A type designation of varietal significance is used under the 
provisions of Sec. 4.28;
    (3) A semi-generic type designation is employed as the class and 
type designation of the wine pursuant to Sec. 4.24(b);
    (4) A product name is qualified with the word ``Brand'' under the 
requirements of Sec. 4.39 (j); or
    (5) The wine is labeled with the year of harvest of the grapes, and 
otherwise conforms with the provisions of Sec. 4.27. The appellation of 
origin for vintage wine shall be other than a country.

[T.D. ATF-53, 43 FR 37677, Aug. 23, 1978; T.D. ATF-48, 44 FR 55839, 
Sept. 28, 1979, as amended by T.D. ATF-195, 50 FR 763, Jan. 7, 1985; 
T.D. ATF-229, 51 FR 20482, June 5, 1986; T.D. ATF-312, 56 FR 31077, July 
9, 1991; T.D. ATF-370, 61 FR 539, Jan. 8, 1996; T.D. ATF-431, 65 FR 
59724, Oct. 6, 2000]



Sec. 4.35  Name and address.

    (a) American wine. On labels of containers of American wine, there 
shall be stated the name of the bottler or packer and the place where 
bottled or packed (or until January 1, 1985, in lieu of such place, the 
principal place of business of the bottler or packer if in the same 
State where the wine was bottled or packed, and, if bottled or packed on 
bonded premises, the AFT registry number of the premises) immediately 
preceded by the words ``bottled by'' or ``packed by'' except that:
    (1) If the bottler or packer is also the person who made not less 
than 75 percent of such wine by fermenting the must and clarifying the 
resulting wine, or if such person treated the wine in such manner as to 
change the class thereof, there may be stated, in lieu of the words 
``bottled by'' or ``packed by,'' the words ``produced and bottled by,'' 
or ``produced and packed by.''
    (2) If the bottler or packer has also either made or treated the 
wine, otherwise than as described in paragraph (a)(1) of this section, 
there may be stated, in lieu of the words ``Bottled by'' or ``Packed 
by'' the phrases ``Blended and bottled (packed) by,'' ``Rectified and 
bottled (packed) by.'' ``Prepared and bottled (packed) by,'' ``Made and 
bottled (packed) by,'' as the case may be, or, in the case of imitation 
wine only, ``Manufactured and bottled (packed) by.''
    (3) In addition to the name of the bottler or packer and the place 
where bottled or packed (but not in lieu thereof) there may be stated 
the name and address of any other person for whom such wine is bottled 
or packed, immediately preceded by the words ``Bottled for'' or ``Packed 
for'' or ``Distributed by'' or other similar statement; or the name and 
principal place of business of the rectifier, blender, or maker, 
immediately preceded by the words ``Rectified by,'' ``Blended by'' or 
``Made by,'' respectively, or, in the case of imitation wine only, 
``Manufactured by.''
    (b) Imported wine. On labels of containers of imported wine, there 
shall be stated the words ``Imported by'' or a similar appropriate 
phrase, and immediately thereafter the name of the permittee who is the 
importer, agent, sole distributor, or other person responsible for the 
importation, together with the principal place of business in the United 
States of such person. In addition, but not in lieu thereof, there may 
be stated the name and principal place of business of the foreign 
producer, blender, rectifier, maker, bottler, packer, or shipper, 
preceded by the phrases ``Produced by,'' ``Blended by,'' ``Rectified 
by,'' ``Made by,'' ``Bottled by,'' ``Packed by,'' ``Shipped by,'' 
respectively, or, in the case of imitation wine only, ``Manufactured 
by.''
    (1) If the wine is bottled or packed in the United States, there 
shall be stated, in addition, the name of the bottler or packer and the 
place where bottled or packed immediately preceded by the words 
``bottled by'' or ``packed by'' except that if the wine is bottled or 
packed in the United States for the person responsible for the 
importation there may be stated, in lieu of the above-required 
statements, the name and principal place of business in the United 
States of such person, immediately preceded by the phrase ``imported by 
and bottled (packed) in the United States for'' (or a similar 
appropriate phrase). If, however, the wine is bottled or packed in the 
United States

[[Page 29]]

by the person responsible for the importation there may be stated, in 
lieu of the above-required statements, the name and principal place of 
business in the United States of such person, immediately preceded by 
the phrase ``Imported and bottled (packed) by'' or a similar appropriate 
phrase.
    (2) If the wine is blended, bottled, or packed in a foreign country 
other than the country of origin and the country of origin is stated or 
otherwise indicated on the label, there shall also be stated the name of 
the bottler, packer, or blender, and the place where bottled, packed, or 
blended, immediately preceded by the words ``Bottled by'', ``Packed 
by'', ``Blended by'', or other appropriate statement.
    (c) Form of address. The ``place'' stated shall be the post office 
address (after December 31, 1984, the post office address shall be the 
address shown on the basic permit or other qualifying document of the 
premises at which the operations took place; and there shall be shown 
the address for each operation which is designated on the label. An 
example of such use would be ``Produced at Gilroy, California, and 
bottled at San Mateo, California, by XYZ Winery''), except that the 
street address may be omitted. No additional places or addresses shall 
be stated for the same person unless (1) such person is actively engaged 
in the conduct of an additional bona fide and actual alcoholic beverage 
business at such additional place or address, and (2) the label also 
contains in direct conjunction therewith, appropriate descriptive 
material indicating the function occurring at such additional place or 
address in connection with the particular product.
    (d) Trade or operating names. The trade or operating name of any 
person appearing upon any label shall be identical with a name appearing 
on the basic permit or notice.
    (e) This section does not apply after July 27, 1994.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 7185, 37 FR 
7976, Apr. 22, 1972; T.D. ATF-53, 43 FR 37677, Aug. 23, 1978; T.D. ATF-
126, 48 FR 2764, Jan. 21, 1983; T.D. ATF-194, 50 FR 759, Jan. 7, 1985; 
T.D. ATF-209, 50 FR 27821, July 8, 1985T.D. ATF-328, 57 FR 33114, July 
27, 1992]



Sec. 4.35a  Name and address.

    (a) American wine--(1) Mandatory statement. A label on each 
container of American wine shall state either ``bottled by'' or ``packed 
by'' followed by the name of the bottler or packer and the address (in 
accordance with paragraph (c)) of the place where the wine was bottled 
or packed. Other words may also be stated in addition to the required 
words ``bottled by'' or ``packed by'' and the required name and address 
if the use of such words is in accordance with paragraph (a)(2) of this 
section.
    (2) Optional statements. (i) In addition to the statement required 
by paragraph (a)(1), the label may also state the name and address of 
any other person for whom the wine was bottled or packed, immediately 
preceded by the words ``bottled for'' or ``packed for'' or ``distributed 
by.''
    (ii) The words defined in paragraphs (a)(2)(iii)-(a)(2)(vi) may be 
used, in accordance with the definitions given, in addition to the name 
and address statement required by paragraph (a)(1). Use of these words 
may be conjoined, using the word ``and'', and with the words ``bottled 
by'' or ``packed by'' only if the same person performed the defined 
operation at the same address. More than one name is necessary if the 
defined operation was performed by a person other than the bottler or 
packer and more than one address statement is necessary if the defined 
operation was performed at a different address.
    (iii) Produced or Made means that the named winery:
    (A) Fermented not less than 75% of such wine at the stated address, 
or
    (B) Changed the class or type of the wine by addition of alcohol, 
brandy, flavors, colors, or artificial carbonation at the stated 
address, or
    (C) Produced sparkling wine by secondary fermentation at the stated 
address.
    (iv) Blended means that the named winery mixed the wine with other 
wines of the same class and type at the stated address.
    (v) Cellared, Vinted or Prepared means that the named winery, at the 
stated address, subjected the wine to cellar treatment in accordance 
with Sec. 4.22(c).

[[Page 30]]

    (b) Imported wine--(1) Mandatory statements. (i) A label on each 
container of imported wine shall state ``imported by'' or a similar 
appropriate phrase, followed immediately by the name of the importer, 
agent, sole distributor, or other person responsible for the 
importation, followed immediately by the address of the principal place 
of business in the United States of the named person.
    (ii) If the wine was bottled or packed in the United States, the 
label shall also state one of the following:
    (A) ``Bottled by'' or ``packed by'' followed by the name of the 
bottler or packer and the address (in accordance with paragraph (c)) of 
the place where the wine was bottled or packed; or
    (B) If the wine was bottled or packed for the person responsible for 
the importation, the words ``imported by and bottled (packed) in the 
United States for'' (or a similar appropriate phrase) followed by the 
name and address of the principal place of business in the United States 
of the person responsible for the importation; or
    (C) If the wine was bottled or packed by the person responsible for 
the importation, the words ``imported and bottled (packed) by'' followed 
by the name and address of the principal place of business in the United 
States of the person responsible for the importation.
    (iii) If the wine was blended, bottled or packed in a foreign 
country other than the country of origin, and the label identifies the 
country of origin, the label shall state ``blended by,'' ``bottled by,'' 
or ``packed by,'' or other appropriate statement, followed by the name 
of the blender, bottler or packer and the place where the wine was 
blended, bottled or packed.
    (2) Optional statements. In addition to the statements required by 
paragraph (b) (1), the label may also state the name and address of the 
principal place of business of the foreign producer. Other words, or 
their English-language equivalents, denoting winemaking operations may 
be used in accordance with the requirements of the country of origin, 
for wines sold within the country of origin.
    (c) Form of address. The ``place'' stated shall be the post office 
address shown on the basic permit or other qualifying document of the 
premises at which the operations took place; and there shall be shown 
the address for each operation which is designated on the label. An 
example of such use would be ``Produced at Gilroy, California, and 
bottled at San Mateo, California, by XYZ Winery,'' except that the 
street address may be omitted. No additional places or addresses shall 
be stated for the same person unless:
    (1) Such person is actively engaged in the conduct of an additional 
bona fide and actual alcoholic beverage business at such additional 
place or address, and
    (2) The label also contains in direct conjunction therewith, 
appropriate descriptive material indicating the function occurring at 
such additional place or address in connection with the particular 
product.
    (d) Trade or operating names. The trade or operating name of any 
person appearing upon any label shall be identical with a name appearing 
on the basic permit or other qualifying document.
    (e) The provisions of this section are optional until they become 
mandatory July 27, 1994.

[T.D. ATF-328, 57 FR 33114, July 27, 1992; 57 FR 37591, Aug. 19, 1992]



Sec. 4.36  Alcoholic content.

    (a) Alcoholic content shall be stated in the case of wines 
containing more than 14 percent of alcohol by volume, and, in the case 
of wine containing 14 percent or less of alcohol by volume, either the 
type designation ``table'' wine (``light'' wine) or the alcoholic 
content shall be stated. Any statement of alcoholic content shall be 
made as prescribed in paragraph (b) of this section.
    (b) Alcoholic content shall be stated in terms of percentage of 
alcohol by volume, and not otherwise, as provided in either paragraph 
(b)(1) or (2) of this section:
    (1) ``Alcohol ---- % by volume,'' or similar appropriate phrase; 
Provided, that if the word ``alcohol'' and/or ``volume'' are 
abbreviated, they shall be shown as ``alc.'' (alc) and/or ``vol.'' 
(vol), respectively. Except as provided in paragraph (c) of this 
section, a tolerance of 1 percent, in the case of wines

[[Page 31]]

containing more than 14 percent of alcohol by volume, and of 1.5 
percent, in the case of wines containing 14 percent or less of alcohol 
by volume, will be permitted either above or below the stated 
percentage.
    (2) ``Alcohol ---- % to ---- % by volume,'' or similar appropriate 
phrase; Provided, that if the word ``alcohol'' and/or ``volume'' are 
abbreviated, they shall be shown as ``alc.'' (alc) and/or ``vol.'' 
(vol), respectively. Except as provided in paragraph (c) of this 
section, a range of not more than 2 percent, in the case of wines 
containing more than 14 percent of alcohol by volume, and of not more 
than 3 percent, in the case of wines containing 14 percent or less of 
alcohol by volume, will be permitted between the minimum and maximum 
percentages stated, and no tolerances will be permitted either below 
such minimum or above such maximum.
    (c) Regardless of the type of statement used and regardless of 
tolerances normally permitted in direct statements and ranges normally 
permitted in maximum and minimum statements, alcoholic content 
statements, whether required or optional, shall definitely and correctly 
indicate the class, type and taxable grade of the wine so labeled and 
nothing in this section shall be construed as authorizing the appearance 
upon the labels of any wine of an alcoholic content statement in terms 
of maximum and minimum percentages which overlaps a prescribed 
limitation on the alcoholic content of any class, type, or taxable grade 
of wine, or a direct statement of alcoholic content which indicates that 
the alcoholic content of the wine is within such a limitation when in 
fact it is not.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-275, 53 
FR 27046, July 18, 1988]



Sec. 4.37  Net contents.

    (a) Statement of net contents. The net contents of wine for which a 
standard of fill is prescribed in Sec. 4.73 shall be stated in the same 
manner and form as set forth in the standard of fill. The net content of 
wine for which no standard of fill is prescribed in Sec. 4.73 shall be 
stated in the metric system of measure as follows:
    (1) If more than one liter, net contents shall be stated in liters 
and in decimal portions of a liter accurate to the nearest one-hundredth 
of a liter.
    (2) If less than one liter, net contents shall be stated in 
milliliters (ml).
    (b) Statement of U.S. equivalent net contents. When net contents of 
wine are stated in metric measure, the equivalent volume in U.S. measure 
may also be shown. If shown, the U.S. equivalent volume will be shown as 
follows:
    (1) For the metric standards of fill: 3 liters (101 fl. oz.); 1.5 
liters (50.7 fl. oz.); 1 liter (33.8 fl. oz.); 750 ml (25.4 fl. oz.); 
500 ml (16.9 fl. oz.); 375 ml (12.7 fl. oz.); 187 ml (6.3 fl. oz.); 100 
ml (3.4 fl. oz.); and 50 ml (1.7 fl. oz.).
    (2) Equivalent volumes of less than 100 fluid ounces will be stated 
in fluid ounces only, accurate to the nearest one-tenth of a fluid 
ounce; for example, 700 ml (23.7 fl. oz.).
    (3) Equivalent volumes of 100 fluid ounces or more will be stated in 
fluid ounces only, accurate to the nearest whole fluid ounce; for 
example, 6 liters (203 fl. oz.).
    (c) Net contents marked in bottle. The net contents need not be 
stated on any label if the net contents are displayed by having the same 
blown, etched, sand-blasted, marked by underglaze coloring, or otherwise 
permanently marked by any method approved by the appropriate ATF 
officer, in the sides, front, or back of the bottle, in letters and 
figures in such manner as to be plainly legible under ordinary 
circumstances, and such statement is not obscured in any manner in whole 
or in part.
    (d) Tolerances. Statement of net contents shall indicate exactly the 
volume of wine within the container, except that the following 
tolerances shall be allowed:
    (1) Discrepancies due exclusively to errors in measuring which occur 
in filling conducted in compliance with good commercial practice.
    (2) Discrepancies due exclusively to differences in the capacity of 
containers, resulting solely from unavoidable difficulties in 
manufacturing such

[[Page 32]]

containers so as to be of uniform capacity: Provided, That no greater 
tolerance shall be allowed in case of containers which, because of their 
design, cannot be made of approximately uniform capacity than is allowed 
in case of containers which can be manufactured so as to be of 
approximately uniform capacity.
    (3) Discrepancies in measure due to differences in atmospheric 
conditions in various places and which unavoidably result from the 
ordinary and customary exposure of alcoholic beverages in containers to 
evaporation. The reasonableness to discrepancies under this paragraph 
shall be determined on the facts in each case.
    (e) Unreasonable shortages. Unreasonable shortages in certain of the 
containers in any shipment shall not be compensated by overages in other 
containers in the same shipment.

[T.D. ATF-12, 39 FR 45222, Dec. 31, 1974, as amended by T.D. ATF-49, 43 
FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981; T.D. ATF-
303, 55 FR 42713, Oct. 23, 1990]



Sec. 4.38  General requirements.

    (a) Legibility. All labels shall be so designed that all the 
statements thereon required by Secs. 4.30 through 4.39 are readily 
legible under ordinary conditions, and all such statement shall be on a 
contrasting background.
    (b) Size of type. (1) Containers of more than 187 milliliters. All 
mandatory information required on labels by this part, except the 
alcoholic content statement, shall be in script, type, or printing not 
smaller than 2 millimeters; except that if contained among other 
descriptive or explanatory information, the script, type, or printing of 
the mandatory information shall be of a size substantially more 
conspicuous than that of the descriptive or explanatory information.
    (2) Containers of 187 milliliters or less. All mandatory information 
required on labels by this part, except the alcoholic content statement, 
shall not be smaller than 1 millimeter, except that if contained among 
other descriptive or explanatory information, the script, type, or 
printing of the mandatory information shall be of a size substantially 
more conspicuous than that of the descriptive or explanatory 
information.
    (3) Alcoholic content statements shall not appear in script, type, 
or printing larger or more conspicuous than 3 millimeters nor smaller 
than 1 millimeter on labels of containers having a capacity of 5 liters 
or less and shall not be set off with a border or otherwise accentuated.
    (c) English language. All mandatory label information shall be 
stated on labels in the English language, except that the brand name, 
the place of production, and the name of the manufacturer, producer, 
blender, bottler, packer, or shipper appearing on the label need not be 
in the English language if the words ``product of'' immediately precede 
the name of the country of origin stated in accordance with customs 
requirements. Additional statements in foreign languages may be made on 
labels, if they do not in any way conflict with, or contradict the 
requirements of Secs. 4.30 through 4.39.
    (d) Location of label. Labels shall not obscure Government stamps 
nor be obscured thereby.
    (e) Labels firmly affixed. All labels shall be affixed to containers 
of wine in such manner that they cannot be removed without thorough 
application of water or other solvents.
    (f) Additional information on labels. Labels may contain information 
other than the mandatory label information required by Secs. 4.30 
through 4.39, if such information complies with the requirements of such 
sections and does not conflict with, nor in any manner qualify 
statements required by this part. In addition, information which is 
truthful, accurate, and specific, and which is neither disparaging nor 
misleading may appear on wine labels.
    (g) Representations as to materials. If any representation (other 
than representations or information required by Secs. 4.30 through 4.39 
or percentage statements required or permitted by this part) is made as 
to the presence, excellence, or other characteristic of any ingredient 
in any wine, or used in its production, the label containing such 
representation shall state, in print, type, or script, substantially as 
conspicuous as such representation,

[[Page 33]]

the name and amount in percent by volume of each such ingredient.
    (h) Statement of contents of containers. Upon request of the 
appropriate ATF officer, there shall be submitted a full and accurate 
statement of the contents of the containers to which labels are to be or 
have been affixed.

[T.D. ATF-53, 43 FR 37677, Aug. 23, 1978, as amended by T.D. ATF-66, 45 
FR 40544, June 13, 1980; T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. 
ATF-249, 52 FR 5955, Feb. 27, 1987; T.D. ATF-275, 53 FR 27046, July 18, 
1988; T.D. ATF-312, 56 FR 31077, July 9, 1991]



Sec. 4.38a  Bottle cartons, booklets and leaflets.

    (a) General. An individual covering, carton, or other container of 
the bottle used for sale at retail (other than a shipping container), or 
any written, printed, graphic, or other matter accompanying the bottle 
to the consumer buyer shall not contain any statement, design, device, 
or graphic, pictorial, or emblematic representation that is prohibited 
by Secs. 4.30 through 4.39 on labels.
    (b) Sealed cartons. If bottles are enclosed in sealed opaque 
coverings, cartons, or other containers used for sale at retail (other 
than a shipping container), such coverings, cartons, or other containers 
must bear all mandatory label information.
    (c) Other cartons. (1) If an individual covering, carton, or other 
container of the bottle used for sale at retail (other than a shipping 
container) is so designed that the bottle is readily removable, it may 
display any information which is not in conflict with the label on the 
bottle contained therein.
    (2) Cartons displaying brand names and/or designations must display 
such names and designations in their entirety--brand names required to 
be modified, e.g. by ``Brand'' or ``Product of U.S.A.'', must also 
display such modification.
    (3) Wines for which a truthful and adequate statement of composition 
is required must display such statement.

[T.D. ATF-36, 41 FR 47425, Oct. 29, 1976]



Sec. 4.39  Prohibited practices.

    (a) Statements on labels. Containers of wine, or any label on such 
containers, or any individual covering, carton, or other wrapper of such 
container, or any written, printed, graphic, or other matter 
accompanying such container to the consumer shall not contain:
    (1) Any statement that is false or untrue in any particular, or 
that, irrespective of falsity, directly, or by ambiguity, omission, or 
inference, or by the addition of irrelevant, scientific or technical 
matter, tends to create a misleading impression.
    (2) Any statement that is disparaging of a competitor's products.
    (3) Any statement, design, device, or representation which is 
obscene or indecent.
    (4) Any statement, design, device, or representation of or relating 
to analyses, standards, or tests, irrespective of falsity, which the 
appropriate ATF officer finds to be likely to mislead the consumer.
    (5) Any statement, design, device or representation of or relating 
to any guarantee, irrespective of falsity, which the appropriate ATF 
officer finds to be likely to mislead the consumer. Money-back 
guarantees are not prohibited.
    (6) A trade or brand name that is the name of any living individual 
of public prominence, or existing private or public organization, or is 
a name that is in simulation or is an abbreviation thereof, or any 
graphic, pictorial, or emblematic representation of any such individual 
or organization, if the use of such name or representation is likely 
falsely to lead the consumer to believe that the product has been 
endorsed, made, or used by, or produced for, or under the supervision 
of, or in accordance with the specifications of, such individual or 
organization; Provided, That this paragraph shall not apply to the use 
of the name of any person engaged in business as a producer, blender, 
rectifier, importer, wholesaler, retailer, bottler, or warehouseman of 
wine, nor to the use by any person of a trade or brand name that is the 
name of any living individual of public prominence or existing private 
or public organization, provided such trade or brand name was used by 
him or his predecessors in interest prior to August 29, 1935.
    (7) Any statement, design, device, or representation (other than a 
statement of alcohol content in conformity with

[[Page 34]]

Sec. 4.36), which tends to create the impression that a wine:
    (i) Contains distilled spirits;
    (ii) Is comparable to a distilled spirit; or
    (iii) Has intoxicating qualities.

However, if a statement of composition is required to appear as the 
designation of a product not defined in these regulations, such 
statement of composition may include a reference to the type of 
distilled spirits contained therein.
    (8) Any coined word or name in the brand name or class and type 
designation which simulates, imitates, or which tends to create the 
impression that the wine so labeled is entitled to bear, any class, 
type, or permitted designation recognized by the regulations in this 
part unless such wine conforms to the requirements prescribed with 
respect to such designation and is in fact so designated on its labels.
    (9) Any word in the brand name or class and type designation which 
is the name of a distilled spirits product or which simulates, imitates, 
or created the impression that the wine so labeled is, or is similar to, 
any product customarily made with a distilled spirits base. Examples of 
such words are: ``Manhattan,'' ``Martini,'' and ``Daquiri'' in a class 
and type designation or brand name of a wine cocktail; ``Cuba Libre,'' 
``Zombie,'' and ``Collins'' in a class and type designation or brand 
name of a wine specialty or wine highball; ``creme,'' ``cream,'' ``de,'' 
or ``of'' when used in conjunction with ``menthe,'' ``mint,'' or 
``cacao'' in a class and type designation or a brand name of a mint or 
chocolate flavored wine specialty.
    (b) Statement of age. No statement of age or representation relative 
to age (including words or devices in any brand name or mark) shall be 
made, except (1) for vintage wine, in accordance with the provisions of 
Sec. 4.27; (2) references relating to methods of wine production 
involving storage or aging in accordance with Sec. 4.38(f); or (3) use 
of the word ``old'' as part of a brand name.
    (c) Statement of bottling dates. The statement of any bottling date 
shall not be deemed to be a representation relative to age, if such 
statement appears in lettering not greater than 8-point Gothic caps and 
in the following form: ``Bottled in ----'' (inserting the year in which 
the wine was bottled).
    (d) Statement of miscellaneous dates. No date, except as provided in 
paragraphs (b) and (c) of this section with respect to statement of 
vintage year and bottling date, shall be stated on any label unless in 
addition thereto and in direct conjunction therewith in the same size 
and kind of printing, there shall be stated an explanation of the 
significance thereof such as ``established'' or ``founded in''. If any 
such date refers to the date of establishment of any business or brand 
name, it shall not be stated, in the case of containers of a capacity of 
5 liters or less, in any script, type, or printing larger than 2 
millimeters, and shall be stated in direct conjunction with the name of 
the person, company, or brand name to which it refers if the appropriate 
ATF officer finds that this is necessary in order to prevent confusion 
as to the person, company, or brand name to which the establishment date 
is applicable.
    (e) Simulation of Government stamps. (1) No labels shall be of such 
design as to resemble or simulate a stamp of the United States 
Government or any State or foreign government. No label, other than 
stamps authorized or required by the United States Government or any 
State or foreign government, shall state or indicate that the wine 
contained in the labeled container is produced, blended, bottled, 
packed, or sold under, or in accordance with, any municipal, State or 
Federal Government authorization, law, or regulation, unless such 
statement is required or specifically authorized by Federal, State or 
municipal law or regulation, or is required or specifically authorized 
by the laws or regulations of a foreign country. If the municipal, 
State, or Federal Government permit number is stated upon a label, it 
shall not be accompanied by any additional statement relating thereto.
    (2) Bonded wine cellar and bonded winery numbers may be stated but 
only in direct conjunction with the name and address of the person 
operating such wine cellar or winery. Statement of bonded wine cellar or 
winery numbers may be made in the

[[Page 35]]

following form: ``Bonded Wine Cellar No. ----'', ``Bonded Winery No. --
--'', ``B. W. C. No. ----'', ``B. W. No. ----''. No additional reference 
thereto shall be made, nor shall any use be made of such statement that 
may convey the impression that the wine has been made or matured under 
Government supervision or in accordance with Government specifications 
or standards.
    (3) If imported wines are covered by a certificate of origin and/or 
a certificate of vintage date issued by a duly authorized official of 
the appropriate foreign government, the label, except where prohibited 
by the foreign government, may refer to such certificate or the fact of 
such certification, but shall not be accompanied by any additional 
statements relating thereto. The reference to such certificate or 
certification shall be substantially in the following form:

    This product accompanied at the time of the importation by a 
certificate issued by the
________________________________________________________________________

                          (Name of government)

    government indicating that the product is
________________________________________________________________________

                 (Class and type as stated on the label)

    and (if label bears a statement of vintage date) that the wine is of 
the vintage of
________________________________________________________________________

                  (Year of vintage stated on the label)

    (f) Use of the word ``Importer'', or similar words. The word 
Importer, or similar words, shall not be stated on labels on containers 
of domestic wine except as part of the bona fide name of a permittee for 
or by whom, or of a retailer for whom, such wine is bottled, packed or 
distributed: Provided, That in all cases where such words are used as 
part of such name, there shall be stated on the same label the words 
``Product of the United States'', or similar words to negative any 
impression that the product is imported, and such negative statement 
shall appear in the same size and kind of printing as such name.
    (g) Flags, seals, coats of arms, crests, and other insignia. Labels 
shall not contain, in the brand name or otherwise, any statement, 
design, device, or pictorial representation which the appropriate ATF 
officer finds relates to, or is capable of being construed as relating 
to, the armed forces of the United States, or the American flag, or any 
emblem, seal, insignia, or decoration associated with such flag or armed 
forces; nor shall any label contain any statement, design, device, or 
pictorial representation of or concerning any flag, seal, coat of arms, 
crest or other insignia, likely to mislead the consumer to believe that 
the product has been endorsed, made, or used by, or produced for, or 
under the supervision of, or in accordance with the specifications of 
the government, organization, family, or individual with whom such flag, 
seal, coat of arms, crest, or insignia is associated.
    (h) Curative and therapeutic claims. Labels shall not contain any 
statement, design, representation, pictorial representation, or device 
representing that the use of wine has curative or therapeutic effects if 
such statement is untrue in any particular or tends to create a 
misleading impression.
    (i) Geographic brand names. (1) Except as provided in subparagraph 
2, a brand name of viticultural significance may not be used unless the 
wine meets the appellation of origin requirements for the geographic 
area named.
    (2) For brand names used in existing certificates of label approval 
issued prior to July 7, 1986:
    (i) The wine shall meet the appellation of origin requirements for 
the geographic area named; or
    (ii) The wine shall be labeled with an appellation of origin in 
accordance with Sec. 4.34(b) as to location and size of type of either:
    (A) A county or a viticultural area, if the brand name bears the 
name of a geographic area smaller than a state, or;
    (B) A state, county or a viticultural area, if the brand name bears 
a state name; or
    (iii) The wine shall be labeled with some other statement which the 
appropriate ATF officer finds to be sufficient to dispel the impression 
that the geographic area suggested by the brand name is indicative of 
the origin of the wine.
    (3) A name has viticultural significance when it is the name of a 
state or county (or the foreign equivalents),

[[Page 36]]

when approved as a viticultural area in part 9 of this chapter, or by a 
foreign government, or when found to have viticultural significance by 
the appropriate ATF officer.
    (j) Product names of geographical significance (not mandatory before 
January 1, 1983). The use of product names with specific geographical 
significance is prohibited unless the appropriate ATF officer finds that 
because of their long usage, such names are recognized by consumers as 
fanciful product names and not representations as to origin. In such 
cases the product names shall be qualified with the word ``brand'' 
immediately following the product name, in the same size of type, and as 
conspicuous as the product name itself. In addition, the label shall 
bear an appellation of origin under the provisions of Sec. 4.34(b), and, 
if required by the appropriate ATF officer, a statement disclaiming the 
geographical reference as a representation as to the origin of the wine.
    (k) Other indications of origin. Other statements, designs, devices 
or representations which indicate or infer an origin other than the true 
place of origin of the wine are prohibited.
    (l) Foreign terms. Foreign terms which: (1) Describe a particular 
condition of the grapes at the time of harvest (such as ``Auslese,'' 
``Eiswein,'' and ``Trockenbeerenauslese''); or (2) denote quality under 
foreign law (such as ``Qualitatswein'' and ``Kabinett'') may not be used 
on the labels of American wine.
    (m) Use of a vineyard, orchard, farm or ranch name. When used in a 
brand name, a vineyard, orchard, farm or ranch name having geographical 
or viticultural significance is subject to the requirements of 
Secs. 4.33(b) and 4.39(i) of this part. Additionally, the name of a 
vineyard, orchard, farm or ranch shall not be used on a wine label, 
unless 95 percent of the wine in the container was produced from primary 
winemaking material grown on the named vineyard, orchard, farm or ranch.
    (n) Use of a varietal name, type designation of varietal 
significance, semi-generic name, or geographic distinctive designation. 
Labels that contain in the brand name, product name, or distinctive or 
fanciful name, any varietal (grape type) designation, type designation 
of varietal significance, semi-generic geographic type designation, or 
geographic distinctive designation, are misleading unless the wine is 
made in accordance with the standards prescribed in classes 1, 2, or 3 
of Sec. 4.21. Any other use of such a designation on other than a class 
1, 2, or 3 wine is presumed misleading.

[T.D. 6521, 25 FR 13841, Dec. 29, 1960, as amended by T.D. ATF-53, 43 FR 
37678, Aug. 23, 1978; T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-
126, 48 FR 2764, Jan. 21, 1983; T.D. ATF-180, 49 FR 31671, Aug. 8, 1984; 
T.D. ATF-229, 51 FR 20482, June 5, 1986; 51 FR 21547, June 13, 1986; 
T.D. ATF-355, 59 FR 14553, Mar. 29, 1994; T.D. ATF-431, 65 FR 59724, 
Oct. 6, 2000]

    Effective Date Note: By T.D. TTB-1, 68 FR 10103, Mar. 3, 2003, 
Sec. 4.39 was amended by revising paragraph (h), effective June 2, 2003. 
For the convenience of the user, the revised text is set forth as 
follows:

Sec. 4.39  Prohibited practices.

                                * * * * *

    (h) Health-related statements--(1) Definitions. When used in this 
paragraph (h), terms are defined as follows:
    (i) Health-related statement means any statement related to health 
(other than the warning statement required by Sec. 16.21 of this 
chapter) and includes statements of a curative or therapeutic nature 
that, expressly or by implication, suggest a relationship between the 
consumption of alcohol, wine, or any substance found within the wine, 
and health benefits or effects on health. The term includes both 
specific health claims and general references to alleged health benefits 
or effects on health associated with the consumption of alcohol, wine, 
or any substance found within the wine, as well as health-related 
directional statements. The term also includes statements and claims 
that imply that a physical or psychological sensation results from 
consuming the wine, as well as statements and claims of nutritional 
value (e.g., statements of vitamin content). Statements concerning 
caloric, carbohydrate, protein, and fat content do not constitute 
nutritional claims about the product.
    (ii) Specific health claim is a type of health-related statement 
that, expressly or by implication, characterizes the relationship of the 
wine, alcohol, or any substance found within the wine, to a disease or 
health-related condition. Implied specific health claims include 
statements, symbols, vignettes, or other forms of communication

[[Page 37]]

that suggest, within the context in which they are presented, that a 
relationship exists between wine, alcohol, or any substance found within 
the wine, and a disease or health-related condition.
    (iii) Health-related directional statement is a type of health-
related statement that directs or refers consumers to a third party or 
other source for information regarding the effects on health of wine or 
alcohol consumption.
    (2) Rules for labeling--(i) Health-related statements. In general, 
labels may not contain any health-related statement that is untrue in 
any particular or tends to create a misleading impression as to the 
effects on health of alcohol consumption. TTB will evaluate such 
statements on a case-by-case basis and may require as part of the 
health-related statement a disclaimer or some other qualifying statement 
to dispel any misleading impression conveyed by the health-related 
statement.
    (ii) Specific health claims. (A) TTB will consult with the Food and 
Drug Administration (FDA), as needed, on the use of a specific health 
claim on a wine label. If FDA determines that the use of such a labeling 
claim is a drug claim that is not in compliance with the requirements of 
the Federal Food, Drug, and Cosmetic Act, TTB will not approve the use 
of that specific health claim on a wine label.
    (B) TTB will approve the use of a specific health claim on a wine 
label only if the claim is truthful and adequately substantiated by 
scientific or medical evidence; sufficiently detailed and qualified with 
respect to the categories of individuals to whom the claim applies; 
adequately discloses the health risks associated with both moderate and 
heavier levels of alcohol consumption; and outlines the categories of 
individuals for whom any levels of alcohol consumption may cause health 
risks. This information must appear as part of the specific health 
claim.
    (iii) Health-related directional statements. A statement that 
directs consumers to a third party or other source for information 
regarding the effects on health of wine or alcohol consumption is 
presumed misleading unless it--
    (A) Directs consumers in a neutral or other non-misleading manner to 
a third party or other source for balanced information regarding the 
effects on health of wine or alcohol consumption; and
    (B)(1) Includes as part of the health-related directional statement 
the following disclaimer: ``This statement should not encourage you to 
drink or to increase your alcohol consumption for health reasons;'' or
    (2) Includes as part of the health-related directional statement 
some other qualifying statement that the appropriate TTB officer finds 
is sufficient to dispel any misleading impression conveyed by the 
health-related directional statement.

                                * * * * *



   Subpart E--Requirements for Withdrawal of Wine From Customs Custody



Sec. 4.40  Label approval and release.

    (a) Certificate of label approval. No imported beverage wine in 
containers shall be released from U.S. Customs custody for consumption 
unless there is deposited with the appropriate Customs officer at the 
port of entry the original or a photostatic copy of an approved 
certificate of label approval, ATF Form 5100.31.
    (b) If the original or photostatic copy of ATF Form 5100.31 has been 
approved, the brand or lot of imported wine bearing labels identical 
with those shown thereon may be released from U.S. Customs custody.
    (c) Relabeling. Imported wine in U.S. Customs custody which is not 
labeled in conformity with certificates of label approval issued by the 
appropriate ATF officer must be relabeled prior to release under the 
supervision and direction of Customs officers of the port at which the 
wine is located.
    (d) Cross reference. For procedures regarding the issuance, denial, 
and revocation of certificates of label approval, as well as appeal 
procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46 
FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. 
ATF-359, 59 FR 42160, Aug. 17, 1994; T.D. ATF-406, 64 FR 2128, Jan. 13, 
1999]



Sec. 4.45  Certificates of origin and identity.

    Imported wine shall not be released from customs custody for 
consumption unless the invoice is accompanied by a certificate of origin 
issued by a duly authorized official of the appropriate foreign 
government, if the issuance of such certificates with respect to such 
wine has been authorized by the foreign government concerned, certifying 
as to the identity of the wine and that the wine has been produced in 
compliance with the laws of the respective

[[Page 38]]

foreign government regulating the production of such wine for home 
consumption.



Sec. 4.46  Certificate of nonstandard fill.

    A person may import wine in containers not conforming to the metric 
standards of fill prescribed at Sec. 4.73 if the wine is:
    (a) Accompanied by a statement signed by a duly authorized official 
of the appropriate foreign country, stating that the wine was bottled or 
packed before January 1, 1979;
    (b) Being withdrawn from a Customs bonded warehouse into which it 
was entered before January 1, 1979; or
    (c) Exempt from the standard of fill requirements as provided by 
Sec. 4.70(b)(1) or (2).

[T.D. ATF-76, 46 FR 1727, Jan. 7, 1981]



  Subpart F--Requirements for Approval of Labels of Wine Domestically 
                            Bottled or Packed



Sec. 4.50  Certificates of label approval.

    (a) No person shall bottle or pack wine, other than wine bottled or 
packed in U.S. Customs custody, or remove such wine from the plant where 
bottled or packed, unless an approved certificate of label approval, ATF 
Form 5100.31, is issued by the appropriate ATF officer.
    (b) Any bottler or packer of wine shall be exempt from the 
requirements of this section if upon application the bottler or packer 
shows to the satisfaction of the appropriate ATF officer that the wine 
to be bottled or packed is not to be sold, offered for sale, or shipped 
or delivered for shipment, or otherwise introduced in interstate or 
foreign commerce. Application for exemption shall be made on ATF Form 
5100.31 in accordance with instructions on the form. If the application 
is approved, a certificate of exemption will be issued on the same form.
    (c) Cross reference. For procedures regarding the issuance, denial, 
and revocation of certificates of label approval, and certificates of 
exemption from label approval, as well as appeal procedures, see part 13 
of this chapter.

[T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46 
FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. 
ATF-344, 58 FR 40354, July 28, 1993; T.D. ATF-406, 64 FR 2128, Jan. 13, 
1999; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000]



Sec. 4.51  Exhibiting certificates to Government officials.

    Any bottler or packer holding an original or duplicate original of a 
certificate of label approval or a certificate of exemption shall, upon 
demand, exhibit such certificate to a duly authorized representative of 
the United States Government.



Sec. 4.52  Photoprints.

    Photoprints or other reproductions of certificates of label approval 
or certificates of exemption are not acceptable, for the purposes of 
Secs. 4.50 through 4.52, as substitutes for an original or duplicate 
original of a certificate of label approval, or a certificate of 
exemption. The appropriate ATF officer will, upon the request of the 
bottler or packer, issue duplicate originals of certificates of label 
approval or of certificates of exemption if wine under the same brand is 
bottled or packed at more than one plant by the same person, and if the 
necessity for the duplicate originals is shown and there is listed with 
the appropriate ATF officer the name and address of the additional 
bottling or packing plant where the particular label is to be used.



                     Subpart G--Advertising of Wine



Sec. 4.60  Application.

    No person engaged in the business as a producer, rectifier, blender, 
importer, or wholesaler of wine, directly or indirectly or through an 
affiliate, shall publish or disseminate or cause to be published or 
disseminated by radio or television broadcast, or in any newspaper, 
periodical, or any publication, by any sign or outdoor advertisement, or 
any other printed or graphic matter,

[[Page 39]]

any advertisement of wine, if such advertising is in, or is calculated 
to induce sale in, interstate or foreign commerce, or is disseminated by 
mail, unless such advertisement is in conformity with Secs. 4.60-4.65 of 
this part. Provided, that such sections shall not apply to outdoor 
advertising in place on September 7, 1984, but shall apply upon 
replacement, restoration, or renovation of any such advertising; and 
provided further, that such sections shall not apply to a retailer or 
the publisher of any newspaper, periodical, or other publication, or 
radio or television broadcast, unless such retailer or publisher or 
radio or television broadcaster is engaged in business as a producer, 
rectifier, blender, importer, or wholesaler of wine, directly or 
indirectly, or through an affiliate.

[T.D. ATF-180, 49 FR 31672, Aug. 8, 1984]



Sec. 4.61  Definitions.

    As used in Secs. 4.60 through 4.65 of this part, the term 
advertisement includes any written or verbal statement, illustration, or 
depiction which is in, or calculated to induce sales in, interstate or 
foreign commerce, or is disseminated by mail, whether it appears in a 
newspaper, magazine, trade booklet, menu, wine card, leaflet, circular, 
mailer, book insert, catalog, promotional material, sales pamphlet, or 
any written, printed, graphic, or other matter accompanying the 
container, representations made on cases, billboard, sign, or othe 
outdoor display, public transit card, other periodical literature, 
publication, or in a radio or television broadcast, or in any other 
media; except that such term shall not include:
    (a) Any label affixed to any container of wine, or any individual 
covering, carton, or other wrapper of such container which constitute a 
part of the labeling under provisions of Secs. 4.30-4.39 of this part.
    (b) Any editorial or other reading material (i.e., news release) in 
any periodical or publication or newspaper for the publication of which 
no money or valuable consideration is paid or promised, directly or 
indirectly, by any permittee, and which is not written by or at the 
direction of the permittee.

[T.D. ATF-180, 49 FR 31672, Aug. 8, 1984]



Sec. 4.62  Mandatory statements.

    (a) Responsible advertiser. The advertisement shall state the name 
and address of the permittee responsible for its publication or 
broadcast. Street number and name may be omitted in the address.
    (b) Class, type, and distinctive designation. The advertisement 
shall contain a conspicuous statement of the class, type, or distinctive 
designation to which the product belongs, corresponding with the 
statement of class, type, or distinctive designation which is required 
to appear on the label of the product.
    (c) Exception. (1) If an advertisement refers to a general wine line 
or all of the wine products of one company, whether by the company name 
or by the brand name common to all the wine in the line, the only 
mandatory information necessary is the name and address of the 
responsible advertiser. This exception does not apply where only one 
type of wine is marketed under the specific brand name advertised.
    (2) On consumer specialty items, the only information necessary is 
the company name or brand name of the product.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-180, 49 
FR 31672, Aug. 8, 1984]



Sec. 4.63  Legibility of mandatory information.

    (a) Statements required under Secs. 4.60 through 4.65 of this part 
to appear in any written, printed, or graphic advertisement shall be in 
lettering or type size sufficient to be conspicuous and readily legible.
    (b) In the case of signs, billboards, and displays the name and 
address of the permittee responsible for the advertisement may appear in 
type size of lettering smaller than the other mandatory information, 
provided such information can be ascertained upon closer examination of 
the sign or billboard.
    (c) Mandatory information shall be so stated as to be clearly a part 
of the advertisement and shall not be separated in any manner from the 
remainder of the advertisement.

[[Page 40]]

    (d) Mandatory information for two or more products shall not be 
stated unless clearly separated.
    (e) Mandatory information shall be so stated in both the print and 
audio-visual media that it will be readily apparent to the persons 
viewing the advertisement.

[T.D. ATF-180, 49 FR 31672, Aug. 8, 1984]



Sec. 4.64  Prohibited practices.

    (a) Restrictions. The advertisement of wine shall not contain:
    (1) Any statement that is false or untrue in any material 
particular, or that, irrespective of falsity, directly, or by ambiguity, 
omission, or inference, or by the addition of irrelevant, scientific or 
technical matter tends to create a misleading impression.
    (2) Any statement that is disparaging of a competitor's products.
    (3) Any statement, design, device, or representation which is 
obscene or indecent.
    (4) Any statement, design, device, or representation of or relating 
to analyses, standards, or tests, irrespective of falsity, which the 
appropriate ATF officer finds to be likely to mislead the consumer.
    (5) Any statement, design, device, or representation of or relating 
to any guarantee, irrespective of falsity, which the appropriate ATF 
officer finds to be likely to mislead the consumer. Money-back 
guarantees are not prohibited.
    (6) Any statement that the wine is produced, blended, bottled, 
packed, or sold under, or in accordance with, any municipal, State, or 
Federal Government authorization, law, or regulations; and if a 
municipal, State, or Federal permit number is stated, the permit number 
shall not be accompanied by any additional statement relating thereto.
    (7) Any statement of bonded winecellar and bonded winery numbers 
unless stated in direct conjunction with the name and address of the 
person operating such winery or storeroom. Statement of bonded 
winecellar and bonded winery numbers may be made in the following form: 
``Bonded Winecellar No. ----,'' ``Bonded Winery No. ----,'' ``B. W. C. 
No. ----,'' ``B. W. No. ----.'' No additional reference thereto shall be 
made, nor shall any use be made of such statement that may convey the 
impression that the wine has been made or matured under Government 
supervision or in accordance with Government specifications or 
standards.
    (8) Any statement, design, device, or representation which relates 
to alcohol content or which tends to create the impression that a wine:
    (i) Contains distilled spirits; or
    (ii) Is comparable to a distilled spirit; or
    (iii) Has intoxicating qualities.

However, if a statement of composition is required to appear as the 
designation of a product not defined in these regulations, such 
statement of composition may include a reference to the type of 
distilled spirits contained therein. Further, an approved wine label, 
which bears the statement of alcohol content may be depicted in any 
advertising media, or an actual wine bottle showing the approved label 
bearing the statement of alcoholic content may be displayed in any 
advertising media.
    (9) Any word in the brand name or class and type designation which 
is the name of a distilled spirits product or which simulates, imitates, 
or creates the impression that the wine so labeled is, or is similar to, 
any product customarily made with a distilled spirits base.
    (b) Statements inconsistent with labeling. (1) Advertisements shall 
not contain any statement concerning a brand or lot of wine that is 
inconsistent with any statement on the labeling thereof.
    (2) Any label depicted on a bottle in an advertisement shall be a 
reproduction of an approved label.
    (c) Statement of age. No statement of age or representation relative 
to age (including words or devices in any brand name or mark) shall be 
made, except (1) for vintage wine, in accordance with the provisions of 
Sec. 4.27; (2) references in accordance with Sec. 4.38(f); or (3) use of 
the word ``old'' as part of a brand name.
    (d) Statement of bottling dates. The statement of any bottling date 
shall not be deemed to be a representation relative to age, if such 
statement appears without undue emphasis in the

[[Page 41]]

following form: ``Bottled in ----'' (inserting the year in which the 
wine was bottled).
    (e) Statement of miscellaneous dates. No date, except as provided in 
paragraphs (c) and (d) of this section, with respect to statement of 
vintage year and bottling date, shall be stated unless, in addition 
thereto, and in direct conjunction therewith, in the same size and kind 
of printing there shall be stated an explanation of the significance of 
such date: Provided, That if any date refers to the date of 
establishment of any business, such date shall be stated without undue 
emphasis and in direct conjunction with the name of the person to whom 
it refers.
    (f) Flags, seals, coats of arms, crests, and other insignia. No 
advertisement shall contain any statement, design, device, or pictorial 
representation of or relating to, or capable of being construed as 
relating to, the armed forces of the United States, or of the American 
flag, or of any emblem, seal, insignia, or decoration associated with 
such flag or armed forces; nor shall any advertisement contain any 
statement, device, design, or pictorial representation of or concerning 
any flag, seal, coat of arms, crest, or other insignia likely to mislead 
the consumer to believe that the product has been endorsed, made, or 
used by, or produced for, or under the supervision of, or in accordance 
with the specifications of the government, organization, family, or 
individual with whom such flag, seal, coat of arms, crests, or insignia 
is associated.
    (g) Statements indicative of origin. No statement, design, device, 
or representation which tends to create the impression that the wine 
originated in a particular place or region, shall appear in any 
advertisement unless the label of the advertised product bears an 
appellation of origin, and such appellation of origin appears in the 
advertisement in direct conjunction with the class and type designation.
    (h) Use of the word ``importer'' or similar words. The word importer 
or similar words shall not appear in advertisements of domestic wine 
except as part of the bona fide name of the permittee by or for whom, or 
of a retailer for whom, such wine is bottled, packed or distributed: 
Provided, That in all cases where such words are used as part of such 
name, there shall be stated the words ``Product of the United States'' 
or similar words to negate any impression that the product is imported, 
and such negating statements shall appear in the same size and kind of 
printing as such name.
    (i) Curative and thereapeutic claims. Advertisements shall not 
contain any statement, design, representation, pictorial representation, 
or device representing that the use of wine has curative or therapeutic 
effects if such statement is untrue in any particular or tends to create 
a misleading impression.
    (j) Confusion of brands. Two or more different brands or lots of 
wine shall not be advertised in one advertisement (or in two or more 
advertisements in one issue of a periodical or newspaper, or in one 
piece of other written, printed, or graphic matter) if the advertisement 
tends to create the impression that representations made as to one brand 
or lot apply to the other or others, and if as to such latter the 
representations contravene any provision of Secs. 4.60 through 4.64 or 
are in any respect untrue.
    (k) Deceptive advertising techniques. Subliminal or similar 
techniques are prohibited. ``Subliminal or similar techniques,'' as used 
in this part, refers to any device or technique that is used to convey, 
or attempts to convey, a message to a person by means of images or 
sounds of a very brief nature that cannot be perceived at a normal level 
of awareness.

[T.D. 6521, 25 FR 13843, Dec. 29, 1960, as amended by T.D. 6976, 33 FR 
15025, Oct. 8, 1968; T.D. ATF-53, 43 FR 37678, Aug. 23, 1978; T.D. ATF-
180, 49 FR 31672, Aug. 8, 1984]

    Effective Date Note: By T.D. TTB-1, 68 FR 10103, Mar. 3, 2003, 
Sec. 4.64 was amended by revising paragraph (i), effective June 2, 2003. 
For the convenience of the user, the revised text is set forth as 
follows:

Sec. 4.64  Prohibited practices.

                                * * * * *

    (i) Health-related statements--(1) Definitions. When used in this 
paragraph (i), terms are defined as follows:
    (i) Health-related statement means any statement related to health 
and includes

[[Page 42]]

statements of a curative or therapeutic nature that, expressly or by 
implication, suggest a relationship between the consumption of alcohol, 
wine, or any substance found within the wine, and health benefits or 
effects on health. The term includes both specific health claims and 
general references to alleged health benefits or effects on health 
associated with the consumption of alcohol, wine, or any substance found 
within the wine, as well as health-related directional statements. The 
term also includes statements and claims that imply that a physical or 
psychological sensation results from consuming the wine, as well as 
statements and claims of nutritional value (e.g., statements of vitamin 
content). Statements concerning caloric, carbohydrate, protein, and fat 
content do not constitute nutritional claims about the product.
    (ii) Specific health claim is a type of health-related statement 
that, expressly or by implication, characterizes the relationship of the 
wine, alcohol, or any substance found within the wine, to a disease or 
health-related condition. Implied specific health claims include 
statements, symbols, vignettes, or other forms of communication that 
suggest, within the context in which they are presented, that a 
relationship exists between wine, alcohol, or any substance found within 
the wine, and a disease or health-related condition.
    (iii) Health-related directional statement is a type of health-
related statement that directs or refers consumers to a third party or 
other source for information regarding the effects on health of wine or 
alcohol consumption.
    (2) Rules for advertising--(i) Health-related statements. In 
general, advertisements may not contain any health-related statement 
that is untrue in any particular or tends to create a misleading 
impression as to the effects on health of alcohol consumption. TTB will 
evaluate such statements on a case-by-case basis and may require as part 
of the health-related statement a disclaimer or some other qualifying 
statement to dispel any misleading impression conveyed by the health-
related statement. Such disclaimer or other qualifying statement must 
appear as prominent as the health-related statement.
    (ii) Specific health claims. A specific health claim will not be 
considered misleading if it is truthful and adequately substantiated by 
scientific or medical evidence; sufficiently detailed and qualified with 
respect to the categories of individuals to whom the claim applies; 
adequately discloses the health risks associated with both moderate and 
heavier levels of alcohol consumption; and outlines the categories of 
individuals for whom any levels of alcohol consumption may cause health 
risks. This information must appear as part of the specific health claim 
and in a manner as prominent as the specific health claim.
    (iii) Health-related directional statements. A statement that 
directs consumers to a third party or other source for information 
regarding the effects on health of wine or alcohol consumption is 
presumed misleading unless it--
    (A) Directs consumers in a neutral or other non-misleading manner to 
a third party or other source for balanced information regarding the 
effects on health of wine or alcohol consumption; and
    (B)(1) Includes as part of the health-related directional statement, 
and in a manner as prominent as the health-related directional 
statement, the following disclaimer: ``This statement should not 
encourage you to drink or increase your alcohol consumption for health 
reasons;'' or
    (2) Includes as part of the health-related directional statement, 
and in a manner as prominent as the health-related directional 
statement, some other qualifying statement that the appropriate TTB 
officer finds is sufficient to dispel any misleading impression conveyed 
by the health-related directional statement.

                                * * * * *



Sec. 4.65  Comparative advertising.

    (a) General. Comparative adverstising shall not be disparaging of a 
competitor's product.
    (b) Taste tests. (1) Taste test results may be used in 
advertisements comparing competitors' products unless they are 
disparaging, deceptive, or likely to mislead the consumer.
    (2) The taste test procedure used shall meet scientifically accepted 
procedures. An example of a scientifically accepted procedure is 
outlined in the Manual on Sensory Testing Methods, ASTM Special 
Technical Publication 434, published by the American Society for Testing 
and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103, ASTM, 
1968, Library of Congress Catalog Card Number 68-15545.
    (3) A statement shall appear in the advertisement providing the name 
and address of the testing administrator.

[T.D. ATF-180, 49 FR 31673, Aug. 8, 1984]



                  Subpart H--Standards of Fill for Wine



Sec. 4.70  Application.

    (a) Except as provided in paragraph (b) of this section, no person 
engaged in

[[Page 43]]

business as a producer, rectifier, blender, importer, or wholesaler of 
wine, directly or indirectly or through an affiliate, shall sell or ship 
or deliver for sale or shipment, or otherwise introduce in interstate or 
foreign commerce, or receive therein, or remove from customs custody, 
any wine unless such wine is bottled or packed in the standard wine 
containers herein prescribed.
    (b) Sections 4.70 through 4.73 do not apply to:
    (1) Sake;
    (2) Wine packed in containers of 18 liters or more;
    (3) Imported wine in the original containers in which entered 
customs custody if the wine was bottled or packed before January 1, 
1979; or
    (4) Wine domestically bottled or packed, either in or out of customs 
custody, before October 24, 1943, if the container, or the label on the 
container, bears a conspicuous statement of the net contents, and if the 
actual capacity of the container is not substantially less than the 
apparent capacity upon visual examination under ordinary conditions of 
purchase or use.
    (c) Section 4.73 does not apply to wine domestically bottled or 
packed, either in or out of customs custody, before January 1, 1979, if 
the wine was bottled or packed according to the standards of fill 
prescribed by Sec. 4.72.

[T.D. ATF-12, 39 FR 45222, Dec. 31, 1974, as amended by T.D. ATF-49, 43 
FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981]



Sec. 4.71  Standard wine containers.

    (a) A standard wine container shall be made, formed and filled to 
meet the following specifications:
    (1) Design. It shall be so made and formed as not to mislead the 
purchaser. Wine containers shall be held (irrespective of the 
correctness of the net contents specified on the label) to be so made 
and formed as to mislead the purchaser if the actual capacity is 
substantially less than the apparent capacity upon visual examination 
under ordinary conditions of purchase or use; and
    (2) Fill. It shall be so filled as to contain the quantity of wine 
specified in one of the standards of fill prescribed in Sec. 4.72 or 
Sec. 4.73; and
    (3) Headspace. It shall be made and filled as to have a headspace 
not in excess of 6 percent of its total capacity after closure if the 
net content of the container is 187 milliliters or more, and a headspace 
not in excess of 10 percent of such capacity in the case of all other 
containers.

[T.D. ATF-12, 39 FR 45222, Dec. 31, 1974]



Sec. 4.72  Standards of fill.

    (a) The standards of fill for wine shall be the following, subject 
to the tolerances hereinafter allowed:
    (1) For all wines:

4.9 gallons.                          1 pint.
3 gallons.                            \4/5\ pint.
1 gallon.                             \1/2\ pint.
\4/5\ gallon.                         \2/5\ pint.
\1/2\ gallon.                         4 ounces.
\2/5\ gallon.                         3 ounces.
1 quart.                              2 ounces.
\4/5\ quart.
 

    (2) In addition, for aperitif wines only: \15/16\ quart:
    (b) The tolerances in fill shall be the same as are allowed by 
Sec. 4.37 in respect to statement of net contents upon labels.
    (c) This section does not apply after December 31, 1978.

[T.D. ATF-12, 39 FR 45223, Dec. 31, 1974, as amended by T.D. ATF-76, 46 
FR 1727, Jan. 7, 1981]



Sec. 4.73  Metric standards of fill.

    (a) Authorized standards of fill. The standards of fill for wine are 
the following:

3 liters.                             375 milliliters.
1.5 liters.                           187 milliliters.
1 liter.                              100 milliliters.
750 milliliters.                      50 milliliters.
500 milliliters.                      ..................................
 

    (b) Sizes larger than 3 liters. Wine may be bottled or packed in 
containers of 4 liters or larger if the containers are filled and 
labeled in quantities of even liters (4 liters, 5 liters, 6 liters, 
etc.).
    (c) Tolerances. The tolerances in fill are the same as are allowed 
by Sec. 4.37 in respect to statement of net contents on labels.

[T.D. ATF-12, 39 FR 45223, Dec. 31, 1974, as amended by T.D. ATF-49, 43 
FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981; T.D. ATF-
303, 55 FR 42713, Oct. 23, 1990]

[[Page 44]]



                      Subpart I--General Provisions



Sec. 4.80  Exports.

    The regulations in this part shall not apply to wine exported in 
bond.



                 Subpart J--American Grape Variety Names

    Source: T.D. ATF-370, 61 FR 539, Jan. 8, 1996, unless otherwise 
noted.



Sec. 4.91  List of approved prime names.

    The following grape variety names have been approved by the Director 
for use as type designations for American wines. When more than one name 
may be used to identify a single variety of grape, the synonym is shown 
in parentheses following the prime grape names. Grape variety names may 
appear on labels of wine in upper or in lower case, and may be spelled 
with or without the hyphens or diacritic marks indicated in the 
following list.

Aglianico
Agwam
Albari[ntilde]o (Alvarinho)
Albemarle
Aleatico
Alicante Bouschet
Aligote
Alvarelhao
Alvarinho (Albari[ntilde]o)
Arneis
Aurore
Bacchus
Baco blanc
Baco noir
Barbera
Beacon
Beclan
Bellandais
Beta
Black Corinth
Black Pearl
Blanc Du Bois
Blue Eye
Bonarda
Bountiful
Burdin 4672
Burdin 5201
Burdin 11042
Burgaw
Burger
Cabernet franc
Cabernet Pfeffer
Cabernet Sauvignon
Calzin
Campbell Early (Island Belle)
Canada Muscat
Captivator
Carignane
Carlos
Carmenere
Carmine
Carnelian
Cascade
Castel 19-637
Catawba
Cayuga White
Centurion
Chambourcin
Chancellor
Charbono
Chardonel
Chardonnay
Chasselas dore
Chelois
Chenin blanc
Chief
Chowan
Cinsaut (Black Malvoisie)
Clairette blanche
Clinton
Colombard (French Colombard)
Colobel
Cortese
Corvina
Concord
Conquistador
Couderc noir
Counoise
Cowart
Creek
Cynthiana (Norton)
Dearing
De Chaunac
Delaware
Diamond
Dixie
Dolcetto
Doreen
Dornfelder
Dulcet
Durif
Dutchess
Early Burgundy
Early Muscat
Edelweiss
Eden
Ehrenfelser
Ellen Scott
Elvira
Emerald Riesling
Feher Szagos
Fernao Pires
Fern Munson
Fiano
Flame Tokay
Flora
Florental
Folle blanche
Fredonia
Freisa
Fry
Furmint
Gamay noir
Garronet

[[Page 45]]

Gewurztraminer
Gladwin 113
Glennel
Gold
Golden Isles
Golden Muscat
Grand Noir
Green Hungarian
Grenache
Grignolino
Grillo
Gros Verdot
Helena
Herbemont
Higgins
Horizon
Hunt
Iona
Isabella
Ives
James
Jewell
Joannes Seyve 12-428
Joannes Seyve 23-416
Kerner
Kay Gray
Kleinberger
LaCrosse
Lake Emerald
Lambrusco
Landal
Landot noir
Lenoir
Leon Millot
Limberger (Lemberger)
Madeline Angevine
Magnolia
Magoon
Malbec
Malvasia bianca
Marechal Foch
Marsanne
Melody
Melon de Bourgogne (Melon)
Merlot
Meunier (Pinot Meunier)
Mish
Mission
Missouri Riesling
Mondeuse (Refosco)
Montefiore
Moore Early
Morio-Muskat
Mourvedre (Mataro)
Muller-Thurgau
Munch
Muscadelle
Muscat blanc (Muscat Canelli)
Muscat du Moulin
Muscat Hamburg (Black Muscat)
Muscat of Alexandria
Muscat Ottonel
Naples
Nebbiolo
Negrette
New York Muscat
Niagara
Noah
Noble
Norton (Cynthiana)
Ontario
Orange Muscat
Palomino
Pamlico
Pedro Ximenes
Petit Verdot
Petite Sirah
Peverella
Pinotage
Pinot blanc
Pinot gris (Pinot Grigio)
Pinot noir
Precoce de Malingre
Pride
Primitivo
Rayon d'Or
Ravat 34
Ravat 51 (Vignoles)
Ravat noir
Redgate
Regale
Riesling (White Riesling)
Rkatziteli (Rkatsiteli)
Roanoke
Rosette
Roucaneuf
Rougeon
Roussanne
Royalty
Rubired
Ruby Cabernet
St. Croix
St. Laurent
Saint Macaire
Salem
Salvador
Sangiovese
Sauvignon blanc (Fume blanc)
Scarlet
Scheurebe
Semillon
Sereksiya
Seyval (Seyval blanc)
Siegerrebe
Siegfried
Southland
Souzao
Steuben
Stover
Sugargate
Sultanina (Thomspon Seedless)
Summit
Suwannee
Sylvaner
Symphony
Syrah (Shiraz)
Swenson Red
Tannat
Tarheel
Taylor
Tempranillo (Valdepenas)
Teroldego
Thomas
Thompson Seedless (Sultanina)

[[Page 46]]

Tinta Madeira
Tinto cao
Tocai Friulano
Topsail
Touriga
Traminer
Traminette
Trousseau
Trousseau gris
Ugni blanc (Trebbiano)
Valdiguie
Valerien
Van Buren
Veeblanc
Veltliner
Ventura
Verdelet
Verdelho
Vidal blanc
Villard blanc
Villard noir
Vincent
Viognier
Vivant
Welsch Rizling
Watergate
Welder
Yuga
Zinfandel

[T.D. ATF-370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF-417, 64 
FR 49388, Sept. 13, 1999; T.D. ATF-433, 65 FR 78096, Dec. 14, 2000; T.D. 
ATF-466, 66 FR 49280, Sept. 27, 2001; T.D. ATF-475, 67 FR 11918, Mar. 
18, 2002; T.D. ATF-481, 67 FR 56481, Sept. 4, 2002]



Sec. 4.92  Alternative names permitted for temporary use.

    The following alternative names shown in the left column may be used 
as the type designation for American wine in lieu of the prime name of 
the grape variety shown in the right column. Alternative names listed in 
the left column may only be used for wine bottled prior to the date 
indicated.
    (a) Wines bottled prior to January 1, 1997.

                       Alternative Name/Prime Name

Baco 1--Baco noir
Baco 22A--Baco blanc
Bastardo--Trousseau
Black Spanish--Lenoir
Burdin 7705--Florental
Cayuga--Cayuga White
Chancellor noir--Chancellor
Chasselas--Chasselas dore
Chevrier--Semillon
Chelois noir--Chelois
Couderc 71-20--Couderc noir
Couderc 299-35--Muscat du Moulin
Foch--Marechal Foch
Franken Riesling--Sylvaner
Gutedel--Chasselas dore
Ives Seedling--Ives
Jacquez--Lenoir
Joannes Seyve 26-205--Chambourcin
Landot 244--Landal
Landot 4511--Landot noir
Millot--Leon Millot
Moore's Diamond--Diamond
Norton Seedling--Norton
Pfeffer Cabernet--Cabernet Pfeffer
Pineau de la Loire--Chenin blanc
Pinot Chardonnay--Chardonnay
Ravat 262--Ravat noir
Rulander--Pinot gris
Seibel 128--Salvador
Seibel 1000--Rosette
Seibel 4986--Rayon d'Or
Seibel 5279--Aurore
Seibel 5898--Rougeon
Seibel 7053--Chancellor
Seibel 8357--Colobel
Seibel 9110--Verdelet
Seibel 9549--De Chaunac
Seibel 10878--Chelois
Seibel 13053--Cascade
Seibel 14596--Bellandais
Seyve-Villard 5-276--Seyval
Seyve-Villard 12-309--Roucaneuf
Seyve-Villard 12-375--Villard blanc
Seyve-Villard 18-283--Garronet
Seyve-Villard 18-315--Villard noir
Seyve-Villard 23-410--Valerien
Sweetwater--Chasselas dore
Verdelet blanc--Verdelet
Vidal 256--Vidal blanc
Virginia Seedling--Norton
Walschriesling--Welsch Rizling
Welschriesling--Welsch Rizling

    (b) Wines bottled prior to January 1, 1999.

                       Alternative Name/Prime Name

Cabernet--Cabernet Sauvignon
Grey Riesling--Trousseau gris
Muscat Frontignan--Muscat blanc
Muscat Pantelleria--Muscat of Alexandria
Napa Gamay--Valdiquie
Pinot Saint George--Negrette
Sauvignon vert--Muscadelle

    (c) Wines bottled prior to January 1, 2006.

                       Alternative Name/Prime Name

Johannisberg Riesling--Riesling

[T.D. ATF-370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF-417, 64 
FR 49388, Sept. 13, 1999]



Sec. 4.93  Approval of grape variety names.

    (a) Any interested person may petition the Director for the approval 
of a grape variety name. The petition may

[[Page 47]]

be in the form of a letter and should provide evidence of the following-
-
    (1) Acceptance of the new grape variety,
    (2) The validity of the name for identifying the grape variety,
    (3) That the variety is used or will be used in winemaking, and
    (4) That the variety is grown and used in the United States.
    (b) For the approval of names of new grape varieties, documentation 
submitted with the petition to establish the items in paragraph (a) of 
this section may include--
    (1) reference to the publication of the name of the variety in a 
scientific or professional journal of horticulture or a published report 
by a professional, scientific or winegrowers' organization,
    (2) reference to a plant patent, if so patented, and
    (3) information pertaining to the commercial potential of the 
variety, such as the acreage planted and its location or market studies.
    (c) The Director will not approve a grape variety name if:
    (1) The name has previously been used for a different grape variety;
    (2) The name contains a term or name found to be misleading under 
Sec. 4.39; or
    (3) The name of a new grape variety contains the term ``Riesling.''
    (d) For new grape varieties developed in the United States, the 
Director may determine if the use of names which contain words of 
geographical significance, place names, or foreign words are misleading 
under Sec. 4.39. The Director will not approve the use of a grape 
variety name found to be misleading.
    (e) The Director shall publish the list of approved grape variety 
names at least annually in the Federal Register.

(Approved by the Office of Management and Budget under Control Number 
1512-0513)



                 Subpart K--Use of the Term ``Organic''



Sec. 4.101  Use of the term ``organic.''

    (a) Use of the term ``organic'' is optional and is treated as 
``additional information on labels'' under Sec. 4.38(f).
    (b) Any use of the term ``organic'' on a wine label or in 
advertising of wine must comply with the United States Department of 
Agriculture's (USDA) National Organic Program rules (7 CFR part 205) as 
interpreted by the USDA.
    (c) This section applies to labels and advertising that use the term 
``organic'' on and after October 21, 2002.

[T.D. ATF-483, 67 FR 62858, Oct. 8, 2002]



PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRITS--Table of Contents




                            Subpart A--Scope

Sec.
5.1  General.
5.2  Related regulations.
5.3  Forms prescribed.
5.4  Delegations of the Director.

                         Subpart B--Definitions

5.11  Meaning of terms.

         Subpart C--Standards of Identity for Distilled Spirits

5.21  Application of standards.
5.22  The standards of identity.
5.23  Alteration of class and type.

                          Subpart Ca--Formulas

5.25  Application.
5.26  Formula requirements.
5.27  Formulas.
5.28  Adoption of predecessor's formulas.

         Subpart D--Labeling Requirements for Distilled Spirits

5.31  General.
5.32  Mandatory label information.
5.33  Additional requirements.
5.34  Brand names.
5.35  Class and type.
5.36  Name and address.
5.37  Alcohol content.
5.38  Net contents.
5.39  Presence of neutral spirits and coloring, flavoring, and blending 
          materials.
5.40  Statements of age and percentage.
5.41  Bottle cartons, booklets and leaflets.
5.42  Prohibited practices.

       Subpart E--Standards of Fill for Bottled Distilled Spirits

5.45  Application.
5.46  Standard liquor bottles.
5.47  Standards of fill (distilled spirits bottled before January 1, 
          1980).

[[Page 48]]

5.47a  Metric standards of fill (distilled spirits bottled after 
          December 31, 1979).

 Subpart F--Requirements for Withdrawal From Customs Custody of Bottled 
                       Imported Distilled Spirits

5.51  Label approval and release.
5.52  Certificates of age and origin.
5.53  Certificate of nonstandard fill.

 Subpart G--Requirements for Approval of Labels of Domestically Bottled 
                            Distilled Spirits

5.55  Certificates of label approval.
5.56  Certificates of age and origin.

               Subpart H--Advertising of Distilled Spirits

5.61  Application.
5.62  Definition.
5.63  Mandatory statements.
5.64  Legibility of mandatory information.
5.65  Prohibited practices.
5.66  Comparative advertising.

                 Subpart I--Use of the Term ``Organic.''

5.71  Use of the term ``organic.''

    Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 205.

    Source: T.D. 7020, 34 FR 20337, Dec. 30, 1969, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 5 appear by T.D. ATF-
425, 65 FR 11891, Mar. 7, 2000.



                            Subpart A--Scope



Sec. 5.1  General.

    The regulations in this part relate to the labeling and advertising 
of distilled spirits. This part applies to the several States of the 
United States, the District of Columbia, and the Commonwealth of Puerto 
Rico, but does not apply to distilled spirits for export.



Sec. 5.2  Related regulations.

    The following regulations also relate to this part:

7 CFR Part 205--National Organic Program
27 CFR Part 1--Basic Permit Requirements Under the Federal Alcohol 
Administration Act, Nonindustrial Use of Distilled Spirits and Wine, 
Bulk Sales and Bottling of Distilled Spirits
27 CFR Part 4--Labeling and Advertising of Wine
27 CFR Part 7--Labeling and Advertising of Malt Beverages
27 CFR Part 13--Labeling Proceedings
27 CFR Part 16--Alcoholic Beverage Health Warning Statement
27 CFR Part 19--Distilled Spirits Plants
27 CFR Part 26--Liquors and Articles From Puerto Rico and the Virgin 
Islands
27 CFR Part 27--Importation of Distilled Spirits, Wines, and Beer
27 CFR Part 71--Rules of Practice in Permit Proceedings
27 CFR Part 252--Exportation of Liquors

[T.D. ATF-483, 67 FR 62858, Oct. 8, 2002]



Sec. 5.3  Forms prescribed.

    (a) The appropriate ATF officer is authorized to prescribe all forms 
required by this part. All of the information called for in each form 
shall be furnished as indicated by the headings on the form and the 
instructions on or pertaining to the form. In addition, information 
called for in each form shall be furnished as required by this part. The 
form will be filed in accordance with the instructions for the form.
    (b) Forms may be requested from the ATF Distribution Center, PO Box 
5950, Springfield, Virginia 22153-5190, or by accessing the ATF web site 
(http://www.atf.treas.gov/).

[T.D. ATF-92, 46 FR 46912, Sept. 23, 1981, as amended by T.D. ATF-249, 
52 FR 5956, Feb. 27, 1987; T.D. 372, 61 FR 20723, May 8, 1996; T.D. ATF-
425, 65 FR 11891, Mar. 7, 2000]



Sec. 5.4  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in this 
part 5 are delegated to appropriate ATF officers. These ATF officers are 
specified in ATF Order 1130.2A, Delegation Order--Delegation of the 
Director's Authorities in 27 CFR parts 4, 5 and 7, Labeling and 
Advertising of Wine, Distilled Spirits and Malt Beverages. ATF 
delegation orders, such as ATF Order 1130.2A, are available to any 
interested person by mailing a request to the ATF Distribution Center, 
PO Box 5950, Springfield, Virginia 22150-5190, or by accessing the ATF 
web site (http://www.atf.treas.gov/).

[T.D. ATF-425, 65 FR 11891, Mar. 7, 2000]



                         Subpart B--Definitions



Sec. 5.11  Meaning of terms.

    When used in this part and in forms prescribed under this part, 
where not

[[Page 49]]

otherwise distinctly expressed or manifestly incompatible with the 
intent thereof, terms shall have the meaning ascribed in this section. 
Any other term defined in the Federal Alcohol Administration Act and 
used in this part shall have the same meaning assigned to it by such 
Act.
    Act. The Federal Alcohol Administration Act.
    Advertisement. See Sec. 5.62 for meaning of term as used in subpart 
H of this part.
    Age. The period during which, after distillation and before 
bottling, distilled spirits have been stored in oak containers. ``Age'' 
for bourbon whisky, rye whisky, wheat whisky, malt whisky, or rye malt 
whisky, and straight whiskies other than straight corn whisky, means the 
period the whisky has been stored in charred new oak containers.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of this part by ATF Order 
1130.2A, Delegation Order--Delegation of the Director's Authorities in 
27 CFR part 4, 5 and 7, Labeling and Advertising of Wine, Distilled 
Spirits and Malt Beverages.
    Bottle. Any container, irrespective of the material from which made, 
used for the sale of distilled spirits at retail.
    Brand label. The principal display panel that is most likely to be 
displayed, presented, shown, or examined under normal and customary 
conditions of display for retail sale, and any other label appearing on 
the same side of the bottle as the principal display panel. The 
principal display panel appearing on a cylindrical surface is that 40 
percent of the circumference which is most likely to be displayed, 
presented, shown, or examined under normal and customary conditions of 
display for retail sale.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Distilled spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits 
of wine, whisky, rum, brandy, gin, and other distilled spirits, 
including all dilutions and mixtures thereof, for nonindustrial use. The 
term ``distilled spirits'' shall not include mixtures containing wine, 
bottled at 48 degrees of proof or less, if the mixture contains more 
than 50 percent wine on a proof gallon basis.
    Gallon. U.S. gallon of 231 cubic inches of alcoholic beverage at 60 
deg.F.
    In bulk. In containers having a capacity in excess of 1 wine gallon 
(3.785 liters).
    Interstate or foreign commerce. Commerce between any State and any 
place outside thereof, or commerce within any Territory or the District 
of Columbia, or between points within the same State but through any 
place outside thereof.
    Liter or litre. A metric unit of capacity equal to 1,000 cubic 
centimeters of distilled spirits at l5.56  deg.C (60  deg.F.), and 
equivalent to 33.814 U.S. fluid ounces. A liter is subdivided into 1,000 
milliliters. milliliter or milliliters may be abbreviated as ``ml''.
    Permittee. Any person holding a basic permit under the Federal 
Alcohol Administration Act.
    Person. Any individual, partnership, joint stock company, business 
trust, association, corporation, or other form of business enterprise, 
including a receiver, trustee, or liquidating agent and including an 
officer or employee of any agency of a State or political subdivision 
thereof; and the term ``trade buyer'' means any person who is a 
wholesaler or retailer.
    Produced at. As used in Secs. 5.22 and 5.52 in conjunction with 
specific degrees of proof to describe the standards of identity, means 
the composite proof of the spirits after completion of distillation and 
before reduction in proof.
    Proof gallon. A gallon of liquid at 60  deg.F. which contains 50 
percent by volume of ethyl alcohol having a specific gravity of 0.7939 
at 60  deg.F. referred to water at 60  deg.F. as unity, or the alcoholic 
equivalent thereof.
    Season. The period from January 1 through June 30, is the spring 
season and the period from July 1 through December 31 is the fall 
season.
    United States. The several States and Territories and the District 
of Columbia; the term ``State'' includes a Territory and the District of 
Columbia; and

[[Page 50]]

the term ``Territory'' means the Commonwealth of Puerto Rico.

(26 U.S.C. 7805 (68 Stat. 917, as amended); 27 U.S.C. 205 (49 Stat. 981, 
as amended))

[T.D. ATF-48, 43 FR 13533, Mar. 31, 1978; 44 FR 55839, Sept. 28, 1979, 
as amended by T.D. ATF-62, 44 FR 71620, Dec. 11, 1979; T.D. ATF-66, 45 
FR 40547, June 13, 1980; T.D. ATF-94, 46 FR 55096, Nov. 6, 1981; T.D. 
ATF-198, 50 FR 8463, Mar. 1, 1985; T.D. ATF-230, 51 FR 21748, June 16, 
1986; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000]



         Subpart C--Standards of Identity for Distilled Spirits



Sec. 5.21  Application of standards.

    The standards of identity for the several classes and types of 
distilled spirits set forth in this part shall be applicable only to 
distilled spirits for beverage or other nonindustrial purposes.



Sec. 5.22  The standards of identity.

    Standards of identity for the several classes and types of distilled 
spirits set forth in this section shall be as follows (see also 
Sec. 5.35, class and type):
    (a) Class 1; neutral spirits or alcohol. ``Neutral spirits'' or 
``alcohol'' are distilled spirits produced from any material at or above 
190 deg. proof, and, if bottled, bottled at not less than 80 deg. proof.
    (1) ``Vodka'' is neutral spirits so distilled, or so treated after 
distillation with charcoal or other materials, as to be without 
distinctive character, aroma, taste, or color.
    (2) ``Grain spirits'' are neutral spirits distilled from a fermented 
mash of grain and stored in oak containers.
    (b) Class 2; whisky. ``Whisky'' is an alcoholic distillate from a 
fermented mash of grain produced at less than 190 deg. proof in such 
manner that the distillate possesses the taste, aroma, and 
characteristics generally attributed to whisky, stored in oak containers 
(except that corn whisky need not be so stored), and bottled at not less 
than 80 deg. proof, and also includes mixtures of such distillates for 
which no specific standards of identity are prescribed.
    (1)(i) ``Bourbon whisky'', ``rye whisky'', ``wheat whisky'', ``malt 
whisky'', or ``rye malt whisky'' is whisky produced at not exceeding 
160 deg. proof from a fermented mash of not less than 51 percent corn, 
rye, wheat, malted barley, or malted rye grain, respectively, and stored 
at not more than 125 deg. proof in charred new oak containers; and also 
includes mixtures of such whiskies of the same type.
    (ii) ``Corn whisky'' is whisky produced at not exceeding 160 deg. 
proof from a fermented mash of not less than 80 percent corn grain, and 
if stored in oak containers stored at not more than 125 deg. proof in 
used or uncharred new oak containers and not subjected in any manner to 
treatment with charred wood; and also includes mixtures of such whisky.
    (iii) Whiskies conforming to the standards prescribed in paragraphs 
(b)(1)(i) and (ii) of this section, which have been stored in the type 
of oak containers prescribed, for a period of 2 years or more shall be 
further designated as ``straight''; for example, ``straight bourbon 
whisky'', ``straight corn whisky'', and whisky conforming to the 
standards prescribed in paragraph (b)(1)(i) of this section, except that 
it was produced from a fermented mash of less than 51 percent of any one 
type of grain, and stored for a period of 2 years or more in charred new 
oak containers shall be designated merely as ``straight whisky''. No 
other whiskies may be designated ``straight''. ``Straight whisky'' 
includes mixtures of straight whiskies of the same type produced in the 
same State.
    (2) ``Whisky distilled from bourbon (rye, wheat, malt, or rye malt) 
mash'' is whisky produced in the United States at not exceeding 160 deg. 
proof from a fermented mash of not less than 51 percent corn, rye, 
wheat, malted barley, or malted rye grain, respectively, and stored in 
used oak containers; and also includes mixtures of such whiskies of the 
same type. Whisky conforming to the standard of identity for corn whisky 
must be designated corn whisky.
    (3) ``Light whisky'' is whisky produced in the United States at more 
than 160 deg. proof, on or after January 26, 1968, and stored in used or 
uncharred new oak containers; and also includes mixtures of such 
whiskies. If ``light

[[Page 51]]

whisky'' is mixed with less than 20 percent of straight whisky on a 
proof gallon basis, the mixture shall be designated ``blended light 
whisky'' (light whisky--a blend).
    (4) ``Blended whisky'' (whisky--a blend) is a mixture which contains 
straight whisky or a blend of straight whiskies at not less than 20 
percent on a proof gallon basis, excluding alcohol derived from added 
harmless coloring, flavoring or blending materials, and, separately, or 
in combination, whisky or neutral spirits. A blended whisky containing 
not less than 51 percent on a proof gallon basis of one of the types of 
straight whisky shall be further designated by that specific type of 
straight whisky; for example, ``blended rye whisky'' (rye whisky--a 
blend).
    (5)(i) ``A blend of straight whiskies'' (blended straight whiskies) 
is a mixture of straight whiskies which does not conform to the standard 
of identify for ``straight whisky.'' Products so designated may contain 
harmless coloring, flavoring, or blending materials as set forth in 27 
CFR 5.23(a).
    (ii) ``A blend of straight whiskies'' (blended straight whiskies) 
consisting entirely of one of the types of straight whisky, and not 
conforming to the standard for straight whisky, shall be further 
designated by that specific type of straight whisky; for example, ``a 
blend of straight rye whiskies'' (blended straight rye whiskies). ``A 
blend of straight whiskies'' consisting entirely of one of the types of 
straight whisky shall include straight whisky of the same type which was 
produced in the same State or by the same proprietor within the same 
State, provided that such whisky contains harmless coloring, flavoring, 
or blending materials as stated in 27 CFR 5.23(a).
    (iii) The harmless coloring, flavoring, or blending materials 
allowed under this section shall not include neutral spirits or alcohol 
in their original state. Neutral spirits or alcohol may only appear in a 
``blend of straight whiskies'' or in a ``blend of straight whiskies 
consisting entirely of one of the types of straight whisky'' as a 
vehicle for recognized flavoring of blending material.
    (6) ``Spirit whisky'' is a mixture of neutral spirits and not less 
than 5 percent on a proof gallon basis of whisky, or straight whisky, or 
straight whisky and whisky, if the straight whisky component is less 
than 20 percent on a proof gallon basis.
    (7) ``Scotch whisky'' is whisky which is a distinctive product of 
Scotland, manufactured in Scotland in compliance with the laws of the 
United Kingdom regulating the manufacture of Scotch whisky for 
consumption in the United Kingdom: Provided, That if such product is a 
mixture of whiskies, such mixture is ``blended Scotch whisky'' (Scotch 
whisky--a blend).
    (8) ``Irish whisky'' is whisky which is a distinctive product of 
Ireland, manufactured either in the Republic of Ireland or in Northern 
Ireland, in compliance with their laws regulating the manufacture of 
Irish whisky for home consumption: Provided, That if such product is a 
mixture of whiskies, such mixture is ``blended Irish whisky'' (Irish 
whisky--a blend).
    (9) ``Canadian whisky'' is whisky which is a distinctive product of 
Canada, manufactured in Canada in compliance with the laws of Canada 
regulating the manufacture of Canadian whisky for consumption in Canada: 
Provided, That if such product is a mixture of whiskies, such mixture is 
``blended Canadian whisky'' (Canadian whisky--a blend).
    (c) Class 3; gin. ``Gin'' is a product obtained by original 
distillation from mash, or by redistillation of distilled spirits, or by 
mixing neutral spirits, with or over juniper berries and other 
aromatics, or with or over extracts derived from infusions, 
percolations, or maceration of such materials, and includes mixtures of 
gin and neutral spirits. It shall derive its main characteristic flavor 
from juniper berries and be bottled at not less than 80 deg. proof. Gin 
produced exclusively by original distillation or by redistillation may 
be further designated as ``distilled''. ``Dry gin'' (London dry gin), 
``Geneva gin'' (Hollands gin), and ``Old Tom gin'' (Tom gin) are types 
of gin known under such designations.
    (d) Class 4; brandy. ``Brandy'' is an alcoholic distillate from the 
fermented juice, mash, or wine of fruit, or from the residue thereof, 
produced at less than 190 deg. proof in such manner that the

[[Page 52]]

distillate possesses the taste, aroma, and characteristics generally 
attributed to the product, and bottled at not less than 80 deg. proof. 
Brandy, or mixtures thereof, not conforming to any of the standards in 
paragraphs (d) (1) through (8) of this section shall be designated as 
``brandy'', and such designation shall be immediately followed by a 
truthful and adequate statement of composition.
    (1) ``Fruit brandy'' is brandy distilled solely from the fermented 
juice or mash of whole, sound, ripe fruit, or from standard grape, 
citrus, or other fruit wine, with or without the addition of not more 
than 20 percent by weight of the pomace of such juice or wine, or 30 
percent by volume of the lees of such wine, or both (calculated prior to 
the addition of water to facilitate fermentation or distillation). Fruit 
brandy shall include mixtures of such brandy with not more than 30 
percent (calculated on a proof gallon basis) of lees brandy. Fruit 
brandy, derived from grapes, shall be designated as ``grape brandy'' or 
``brandy'', except that in the case of brandy (other than neutral 
brandy, pomace brandy, marc brandy or grappa brandy) distilled from the 
fermented juice, mash, or wine of grapes, or the residue thereof, which 
has been stored in oak containers for less than 2 years, the statement 
of class and type shall be immediately preceded, in the same size and 
kind of type, by the word ``immature''. Fruit brandy, other than grape 
brandy, derived from one variety of fruit, shall be designated by the 
word ``brandy'' qualified by the name of such fruit (for example, 
``peach brandy''), except that ``apple brandy'' may be designated 
``applejack''. Fruit brandy derived from more than one variety of fruit 
shall be designated as ``fruit brandy'' qualified by a truthful and 
adequate statement of composition.
    (2) ``Cognac'', or ``Cognac (grape) brandy'', is grape brandy 
distilled in the Cognac region of France, which is entitled to be so 
designated by the laws and regulations of the French Government.
    (3) ``Dried fruit brandy'' is brandy that conforms to the standard 
for fruit brandy except that it has been derived from sound, dried 
fruit, or from the standard wine of such fruit. Brandy derived from 
raisins, or from raisin wine, shall be designated as ``raisin brandy''. 
Other brandies shall be designated in the same manner as fruit brandy 
from the corresponding variety or varieties of fruit except that the 
name of the fruit shall be qualified by the word ``dried''.
    (4) ``Lees brandy'' is brandy distilled from the lees of standard 
grape, citrus, or other fruit wine, and shall be designated as ``lees 
brandy'', qualified by the name of the fruit from which such lees are 
derived.
    (5) ``Pomace brandy'', or ``marc brandy'', is brandy distilled from 
the skin and pulp of sound, ripe grapes, citrus or other fruit, after 
the withdrawal of the juice or wine therefrom, and shall be designated 
as ``pomace brandy'', or ``marc brandy'', qualified by the name of the 
fruit from which derived. Grape pomace brandy may be designated as 
``grappa'' or ``grappa brandy''.
    (6) ``Residue brandy'' is brandy distilled wholly or in part from 
the fermented residue of fruit or wine, and shall be designated as 
``residue brandy'' qualified by the name of the fruit from which 
derived. Brandy distilled wholly or in part from residue materials which 
conforms to any of the standards set forth in paragraphs (d) (1), (3), 
(4), and (5) of this section may, regardless of such fact, be designated 
``residue brandy'', but the use of such designation shall be conclusive, 
precluding any later change of designation.
    (7) ``Neutral brandy'' is brandy produced at more than 170 deg. 
proof and shall be designated in accordance with the standards in this 
paragraph, except that the designation shall be qualified by the word 
``neutral''; for example, ``neutral citrus residue brandy''.
    (8) ``Substandard brandy'' shall bear as a part of its designation 
the word ``substandard'', and shall include:
    (i) Any brandy distilled from fermented juice, mash, or wine having 
a volatile acidity, calculated as acetic acid and exclusive of sulfur 
dioxide, in excess of 0.20 gram per 100 cubic centimeters (20  deg.C.); 
measurements of volatile acidity shall be calculated exclusive of water 
added to facilitate distillation.

[[Page 53]]

    (ii) Any brandy which has been distilled from unsound, moldy, 
diseased, or decomposed juice, mash, wine, lees, pomace, or residue, or 
which shows in the finished product any taste, aroma, or characteristic 
associated with products distilled from such material.
    (e) Class 5; blended applejack. ``Blended applejack'' (applejack--a 
blend) is a mixture which contains at least 20 percent of apple brandy 
(applejack) on a proof gallon basis, stored in oak containers for not 
less than 2 years, and not more than 80 percent of neutral spirits on a 
proof gallon basis if such mixture at the time of bottling is not less 
than 80 deg. proof.
    (f) Class 6; rum. ``Rum'' is an alcoholic distillate from the 
fermented juice of sugar cane, sugar cane syrup, sugar cane molasses, or 
other sugar cane by-products, produced at less than 190 deg. proof in 
such manner that the distillate possesses the taste, aroma and 
characteristics generally attributed to rum, and bottled at not less 
than 80 deg. proof; and also includes mixtures solely of such 
distillates.
    (g) Class 7; Tequila. ``Tequila'' is an alcoholic distillate from a 
fermented mash derived principally from the Agave Tequilana Weber 
(``blue'' variety), with or without additional fermentable substances, 
distilled in such a manner that the distillate possesses the taste, 
aroma, and characteristics generally attributed to Tequila and bottled 
at not less than 80 deg. proof, and also includes mixtures solely of 
such distillates. Tequila is a distinctive product of Mexico, 
manufactured in Mexico in compliance with the laws of Mexico regulating 
the manufacture of Tequila for consumption in that country.
    (h) Class 8; cordials and liqueurs. Cordials and liqueurs are 
products obtained by mixing or redistilling distilled spirits with or 
over fruits, flowers, plants, or pure juices therefrom, or other natural 
flavoring materials, or with extracts derived from infusions, 
percolation, or maceration of such materials, and containing sugar, 
dextrose, or levulose, or a combination thereof, in an amount not less 
than 2\1/2\ percent by weight of the finished product.
    (1) ``Sloe gin'' is a cordial or liqueur with the main 
characteristic flavor derived from sloe berries.
    (2) ``Rye liqueur'', ``bourbon liqueur'' (rye, bourbon cordial) are 
liqueurs, bottled at not less than 60 deg. proof, in which not less than 
51 percent, on a proof gallon basis, of the distilled spirits used are, 
respectively, rye or bourbon whisky, straight rye or straight bourbon 
whisky, or whisky distilled from a rye or bourbon mash, and which 
possess a predominant characteristic rye or bourbon flavor derived from 
such whisky. Wine, if used, must be within the 2\1/2\ percent limitation 
provided in Sec. 5.23 for coloring, flavoring, and blending materials.
    (3) ``Rock and rye'', ``rock and bourbon'', ``rock and brandy'', 
``rock and rum'' are liqueurs, bottled at not less than 48 deg. proof, 
in which, in the case of rock and rye and rock and bourbon, not less 
than 51 percent, on a proof gallon basis, of the distilled spirits used 
are, respectively, rye or bourbon whisky, straight rye or straight 
bourbon whisky, or whisky distilled from a rye or bourbon mash, and, in 
the case of rock and brandy and rock and rum, the distilled spirits used 
are all grape brandy or rum, respectively; containing rock candy or 
sugar syrup, with or without the addition of fruit, fruit juices, or 
other natural flavoring materials, and possessing, respectively, a 
predominant characteristic rye, bourbon, brandy, or rum flavor derived 
from the distilled spirits used. Wine, if used, must be within the 2\1/
2\ percent limitation provided in Sec. 5.23 for harmless coloring, 
flavoring, and blending materials.
    (4) ``Rum liqueur,'' ``gin liqueur,'' ``brandy liqueur,'' are 
liqueurs, bottled at not less than 60 proof, in which the distilled 
spirits used are entirely rum, gin, or brandy, respectively, and which 
possess, respectively, a predominant characteristic rum, gin, or brandy 
flavor derived from the distilled spirits used. In the case of brandy 
liqueur, the type of brandy must be stated in accordance with 
Sec. 5.22(d), except that liqueurs made entirely with grape brandy may 
be designated simply as ``brandy liqueur.'' Wine, if used, must be 
within the 2\1/2\ percent limitation provided for in Sec. 5.23 for 
harmless coloring, flavoring, and blending materials.

[[Page 54]]

    (5) The designation of a cordial or liqueur may include the word 
``dry'' if the sugar, dextrose, or levulose, or a combination thereof, 
are less than 10 percent by weight of the finished product.
    (6) Cordials and liqueurs shall not be designated as ``distilled'' 
or ``compound''.
    (i) Class 9; flavored brandy, flavored gin, flavored rum, flavored 
vodka, and flavored whisky. ``Flavored brandy, ``flavored gin,'' 
``flavored rum,'' ``flavored vodka,'' and ``flavored whisky,'' are 
brandy, gin, rum vodka, and whisky, respectively, to which have been 
added natural flavoring materials, with or without the addition of 
sugar, and bottled at not less than 60 deg. proof. The name of the 
predominant flavor shall appear as a part of the designation. If the 
finished product contains more than 2\1/2\ percent by volume of wine, 
the kinds and precentages by volume of wine must be stated as a part of 
the designation, except that a flavored brandy may contain an additional 
12\1/2\ percent by volume of wine, without label disclosure, if the 
additional wine is derived from the particular fruit corresponding to 
the labeled flavor of the product.
    (j) Class 10; imitations. Imitations shall bear, as a part of the 
designation thereof, the word ``imitation'' and shall include the 
following:
    (1) Any class or type of distilled spirits to which has been added 
coloring or flavoring material of such nature as to cause the resultant 
product to simulate any other class or type of distilled spirits;
    (2) Any class or type of distilled spirits (other than distilled 
spirits required under Sec. 5.35 to bear a distinctive or fanciful name 
and a truthful and adequate statement of composition) to which has been 
added flavors considered to be artificial or imitation. In determining 
whether a flavor is artificial or imitation, recognition will be given 
to what is considered to be ``good commercial practice'' in the flavor 
manufacturing industry;
    (3) Any class of type of distilled spirits (except cordials, 
liqueurs and specialties marketed under labels which do not indicate or 
imply, that a particular class or type of distilled spirits was used in 
the manufacture thereof) to which has been added any whisky essense, 
brandy essence, rum essence, or similar essence or extract which 
simulates or enhances, or is used by the trade or in the particular 
product to simulate or enhance, the characteristics of any class or type 
of distilled spirits;
    (4) Any type of whisky to which beading oil has been added;
    (5) Any rum to which neutral spirits or distilled spirits other than 
rum have been added;
    (6) Any brandy made from distilling material to which has been added 
any amount of sugar other than the kind and amount of sugar expressly 
authorized in the production of standard wine; and
    (7) Any brandy to which neutral spirits or distilled spirits other 
than brandy have been added, except that this provision shall not apply 
to any product conforming to the standard of identity for blended 
applejack.
    (k) Class 11; geographical designations. (1) Geographical names for 
distinctive types of distilled spirits (other than names found by the 
appropriate ATF officer under paragraph (k)(2) of this section to have 
become generic) shall not be applied to distilled spirits produced in 
any other place than the particular region indicated by the name, unless 
(i) in direct conjunction with the name there appears the word ``type'' 
or the word ``American'' or some other adjective indicating the true 
place of production, in lettering substantially as conspicuous as such 
name, and (ii) the distilled spirits to which the name is applied 
conform to the distilled spirits of that particular region. The 
following are examples of distinctive types of distilled spirits with 
geographical names that have not become generic: Eau de Vie de Dantzig 
(Danziger Goldwasser), Ojen, Swedish punch. Geographical names for 
distinctive types of distilled spirits shall be used to designate only 
distilled spirits conforming to the standard of identity, if any, for 
such type specified in this section, or if no such standard is so 
specified, then in accordance with the trade understanding of that 
distinctive type.

[[Page 55]]

    (2) Only such geographical names for distilled spirits as the 
appropriate ATF officer finds have by usage and common knowledge lost 
their geographical significance to such extent that they have become 
generic shall be deemed to have become generic. Examples at London dry 
gin, Geneva (Hollands) gin.
    (3) Geographical names that are not names for distinctive types of 
distilled spirits, and that have not become generic, shall not be 
applied to distilled spirits produced in any other place than the 
particular place or region indicated in the name. Examples are Cognac, 
Armagnac, Greek brandy, Pisco brandy, Jamaica rum, Puerto Rico rum, 
Demerara rum.
    (4) The words ``Scotch'', ``Scots'' ``Highland'', or ``Highlands'' 
and similar words connoting, indicating, or commonly associated with 
Scotland, shall not be used to designate any product not wholly produced 
in Scotland.
    (l) Class 12; products without geographical designations but 
distinctive of a particular place. (1) The whiskies of the types 
specified in paragraphs (b) (1), (4), (5), and (6) of this section are 
distinctive products of the United States and if produced in a foreign 
country shall be designated by the applicable designation prescribed in 
such paragraphs, together with the words ``American type'' or the words 
``produced (distilled, blended) in ----'', the blank to be filled in 
with the name of the foreign country: Provided, That the word 
``bourbon'' shall not be used to describe any whisky or whisky-based 
distilled spirits not produced in the United States. If whisky of any of 
these types is composed in part of whisky or whiskies produced in a 
foreign country there shall be stated, on the brand label, the 
percentage of such whisky and the country of origin thereof.
    (2) The name for other distilled spirits which are distinctive 
products of a particular place or country, an example is Habanero, shall 
not be given to the product of any other place or country unless the 
designation for such product includes the word ``type'' or an adjective 
such as ``American'', or the like, clearly indicating the true place of 
production. The provision for place of production shall not apply to 
designations which by usage and common knowledge have lost their 
geographical significance to such an extent that the appropriate ATF 
officer finds they have become generic. Examples are Slivovitz, 
Zubrovka, Aquavit, Arrack, and Kirschwasser.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF-7, 38 FR 
33471, Dec. 5, 1973; T.D. ATF-36, 41 FR 47426, Oct. 29, 1976; T.D. ATF-
37, 41 FR 48121, Nov. 2, 1976; T.D. ATF-48, 44 FR 55839, Sept. 28, 1979; 
T.D. ATF-62, 44 FR 71620, Dec. 11, 1979; T.D. ATF-66, 45 FR 40547, June 
13, 1980; T.D. ATF-94, 46 FR 55096, Nov. 6, 1981; T.D. ATF-259, 52 FR 
41422, Oct. 28, 1987; T.D. ATF-324, 57 FR 29020, June 30, 1992]



Sec. 5.23  Alteration of class and type.

    (a) Additions. (1) The addition of any coloring, flavoring, or 
blending materials to any class and type of distilled spirits, except as 
otherwise provided in this section, alters the class and type thereof 
and the product shall be appropriately redesignated.
    (2) There may be added to any class or type of distilled spirits, 
without changing the class or type thereof, (i) such harmless coloring, 
flavoring, or blending materials as are an essential component part of 
the particular class or type of distilled spirits to which added, and 
(ii) harmless coloring, flavoring, or blending materials such as 
caramel, straight malt or straight rye malt whiskies, fruit juices, 
sugar, infusion of oak chips when approved by the Director, or wine, 
which are not an essential component part of the particular distilled 
spirits to which added, but which are customarily employed therein in 
accordance with established trade usage, if such coloring, flavoring, or 
blending materials do not total more than 2\1/2\ percent by volume of 
the finished product.
    (3) ``Harmless coloring, flavoring, and blending materials'' shall 
not include (i) any material which would render the product to which it 
is added an imitation, or (ii) any material, other than caramel, 
infusion of oak chips, and sugar, in the case of Cognac brandy; or (iii) 
any material whatsoever in the case of neutral spirits or straight 
whiskey, except that vodka may be treated with sugar in an amount not to 
exceed

[[Page 56]]

2 grams per liter and a trace amount of citric acid.
    (b) Extractions. The removal from any distilled spirits of any 
constituents to such an extent that the product does not possess the 
taste, aroma, and characteristics generally attributed to that class or 
type of distilled spirits alters the class and type thereof, and the 
product shall be appropriately redesignated. In addition, in the case of 
straight whisky the removal of more than 15 percent of the fixed acids, 
or volatile acids, or esters, or soluble solids, or higher alcohols, or 
more than 25 percent of the soluble color, shall be deemed to alter the 
class or type thereof.
    (c) Exceptions. (1) This section shall not be construed as in any 
manner modifying the standards of identity for cordials and liqueurs, 
flavored brandy, flavored gin, flavored rum, flavored vodka, and 
flavored whisky or as authorizing any product which is defined in 
Sec. 5.22(j), Class 10, as an imitation to be otherwise designated.
    (2) [Reserved]

[T.D. 7020, 34 FR 20337, Dec. 30. 1969, as amended by T.D. ATF-360, 59 
FR 67222, 67223, Dec. 29, 1994; T.D. ATF-369, 61 FR 67327, Dec. 29, 
1995]



                          Subpart Ca--Formulas

    Source: T.D. ATF-62, 44 FR 71620, Dec. 11, 1979, unless otherwise 
noted.



Sec. 5.25  Application.

    The requirements of this subpart shall apply to:
    (a) Proprietors of distilled spirits plants qualified as processors 
under 27 CFR part 19;
    (b) Persons in Puerto Rico who manufacture distilled spirits 
products for shipment to the United States. Formulas need only be filed 
for those products which will be shipped to the United States; and
    (c) Persons who ship into the United States, Virgin Islands 
distilled spirits products.



Sec. 5.26  Formula requirements.

    (a) General. An approved formula is required to blend, mix, purify, 
refine, compound, or treat spirits in a manner which results in a change 
of character, composition, class or type of the spirits. Form 5110.38 
(27-B Supplemental) shall be filed in accordance with the instructions 
on the form and shall designate all ingredients and, if required, the 
process used. Any approved formula on Form 27-B Supplemental or Form 
5110.38 shall remain in effect until revoked, superseded, or voluntarily 
surrendered. Any existing qualifying statements as to the rate of tax or 
the limited use of drawback flavors appearing on a Form 27-B 
Supplemental are obsolete.
    (b) Change in formula. Any change in an approved formula shall 
require the filing of a new Form 5110.38. After a change in a formula is 
approved, the original formula shall be surrendered to the appropriate 
ATF officer.

[T.D. ATF-62, 44 FR 71620, as amended by T.D. ATF-425, 65 FR 11891, Mar. 
7, 2000]



Sec. 5.27  Formulas.

    Formulas are required for distilled spirits operations which change 
the character, composition, class or type of spirits as follows:
    (a) The compounding of spirits through the mixing of any coloring, 
flavoring, wine, or other material with distilled spirits;
    (b) The manufacture of an intermediate product to be used 
exclusively in other distilled spirits products on bonded premises;
    (c) Any filtering or stabilizing process which results in a product 
which does not possess the taste, aroma, and characteristics generally 
attributed to that class or type of distilled spirits; and, in the case 
of straight whisky, results in the removal of more than 15 percent of 
the fixed acids, volatile acids, esters, soluble solids, or higher 
alcohols, or more than 25 percent of the soluble color;
    (d) The mingling of spirits (including merchandise returned to bond) 
which differ in class or type of materials from which produced;
    (e) The mingling of spirits stored in charred cooperage with spirits 
stored in plain or reused cooperage, or the mixing of spirits that have 
been treated with wood chips with spirits not so treated, or the mixing 
of spirits that have been subjected to any treatment which changes their 
character with

[[Page 57]]

spirits not so treated, unless it is determined that the composition of 
the spirits is the same, notwithstanding the storage in different kinds 
of cooperage or the treatment of a portion of the spirits;
    (f) The use (except as authorized for production or storage 
operations as provided by 27 CFR part 19) of any physical or chemical 
process or any apparatus which accelerates the maturing of the spirits;
    (g) The steeping or soaking of fruits, berries, aromatic herbs, 
roots, seeds, etc., in spirits or wines;
    (h) The artificial carbonating of spirits;
    (i) The blending in Puerto Rico of spirits with any liquors 
manufactured outside of Puerto Rico;
    (j) The production of gin by--
    (1) Redistillation over juniper berries and other natural aromatics, 
or the extracted oils of such, of spirits distilled at or above 190 
degrees of proof, free from impurities, including spirits of such a 
nature recovered by redistillation of imperfect gin spirits; and
    (2) Mixing gin with other spirits;
    (k) The treatment of gin by--
    (1) Addition or abstraction of any substance or material other than 
pure water after redistillation in a manner that would change its class 
and type designation; and
    (2) Addition of any substance or material other than juniper berries 
or other natural aromatics, or the extracted oils of such, or pure water 
to the spirits, before or during redistillation, in a manner that would 
change its class and type designation;
    (l) The production of vodka by--
    (1) Treatment of neutral spirits with not less than one ounce of 
activated carbon per 100 wine gallons of spirits;
    (2) Redistillation of pure spirits so as to be without distinctive 
character, aroma, taste, or color;
    (3) Mixing with other spirits or with any other substance or 
material except pure water, after production; and
    (m) The recovery of spirits by redistillation from distilled spirits 
products containing other alcoholic ingredients and from spirits which 
have previously been entered for deposit. However, no formula shall be 
required for spirits redistilled into any type of neutral spirits other 
than vodka or spirits redistilled at less than 190 degrees of proof 
which lack the taste, aroma and other characteristics generally 
attributed to whisky, brandy, rum, or gin, and are designated as 
``Spirits,'' preceded or followed by a word or phrase descriptive of the 
material from which produced. Such spirits redistilled on or after July 
1, 1972, may not be designated ``Spirits Grain'' or ``Grain Spirits.''

(26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 (49 Stat. 
981, as amended))

[T.D. ATF-198, 50 FR 8463, Mar. 1, 1985, as amended by T.D. ATF-259, 52 
FR 41423, Oct. 28, 1987]



Sec. 5.28  Adoption of predecessor's formulas.

    The adoption by a successor of approved Forms 5110.38 (27-B 
Supplemental) shall be in the form of an application filed with the 
appropriate ATF officer. The application shall list the formulas for 
adoption by:
    (a) Formula number,
    (b) Name of product, and
    (c) Date of approval.

The application shall clearly show that the predecessor has authorized 
the use of his previously approved formulas by the successor.



         Subpart D--Labeling Requirements for Distilled Spirits



Sec. 5.31  General.

    (a) Application. No person engaged in business as a distiller, 
rectifier, importer, wholesaler, or warehouseman and bottler, directly 
or indirectly, or through an affiliate, shall sell or ship or deliver 
for sale or shipment or otherwise introduce in interstate or foreign 
commerce, or receive therein, or remove from customs custody, any 
distilled spirits in bottles, unless such bottles are marked, branded, 
labeled, or packaged, in conformity with Secs. 5.31 through 5.42.
    (b) Alteration of labels. It shall be unlawful for any person to 
alter, mutilate, destroy, obliterate, or remove any mark, brand, or 
label on distilled spirits held for sale in interstate or foreign 
commerce or after shipment therein, except:

[[Page 58]]

    (1) As authorized by Federal law;
    (2) When an additional labeling or relabeling of bottled distilled 
spirits is accomplished with labels covered by certificates of label 
approval which comply with the requirements of this part and with State 
law;
    (3) That there may be added to the bottle, after removal from 
customs custody, or prior to or after removal from bonded premises, 
without application for permission to relabel, a label identifying the 
wholesale or retail distributor thereof or identifying the purchaser or 
consumer, and containing no references whatever to the characteristics 
of the product.

(26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 (49 Stat. 
981, as amended))

[T.D. 7020, 34 FR 20637, Dec. 30, 1969, as amended by T.D. ATF-62, 44 FR 
71621, Dec. 11, 1979; T.D. ATF-198, 50 FR 8464, Mar. 1, 1985]



Sec. 5.32  Mandatory label information.

    There shall be stated:
    (a) On the brand label:
    (1) Brand name.
    (2) Class and type, in accordance with Sec. 5.35.
    (3) Alcoholic content, in accordance with Sec. 5.37.
    (4) In the case of distilled spirits packaged in containers for 
which no standard of fill is prescribed in Sec. 5.47, net contents in 
accordance with Sec. 5.38(b) or Sec. 5.38a(b)(2).
    (b) On the brand label or on a back label:
    (1) Name and address, in accordance with Sec. 5.36.
    (2) In the case of imported spirits, the country of origin, in 
accordance with Sec. 5.36.
    (3) In the case of distilled spirits packaged in containers 
conforming to the standards of fill prescribed in Sec. 5.47 or 
Sec. 5.47a, net contents in accordance with Sec. 5.38(a), Sec. 5.38a(a), 
or Sec. 5.38a(b)(1).
    (4) Coloring or flavoring, in accordance with Sec. 5.39.
    (5) A statement that the product contains FD&C Yellow No. 5, where 
that coloring material is used in a product bottled on or after October 
6, 1984.
    (6) The following statement when saccharin is present in the 
finished product: Use of this product may be hazardous to your health. 
This product contains saccharin which has been determined to cause 
cancer in laboratory animals.
    (7) Declaration of sulfites. There shall be stated, the statement 
``Contains sulfites'' or ``Contains (a) sulfiting agent(s)'' or a 
statement identifying the specific sulfiting agent where sulfur dioxide 
or a sulfiting agent is detected at a level of 10 or more parts per 
million, measured as total sulfur dioxide. The sulfite declaration may 
appear on a strip label or neck label in lieu of appearing on the front 
or back label. The provisions of this paragraph shall apply to:
    (i) Any certificate of label approval issued on or after January 9, 
1987;
    (ii) Any distilled spirits bottled on or after July 9, 1987, 
regardless of the date of issuance of the certificate of label approval; 
and,
    (iii) Any distilled spirits removed on or after January 9, 1988.
    (8) Percentage of neutral spirits and name of commodity from which 
distilled, or in the case of continuously distilled neutral spirits or 
gin, the name of the commodity only, in accordance with Sec. 5.39.
    (9) A statement of age or age and percentage, when required, in 
accordance with Sec. 5.40.
    (10) State of distillation of domestic types of whisky and straight 
whisky, except light whisky and blends, in accordance with Sec. 5.36.
    (c) In the case of a container which has been excepted under the 
provisions of Sec. 5.46(d), the information required to appear on the 
``brand label,'' as defined, may appear elsewhere on such container if 
it can be demonstrated that the container cannot reasonably be so 
designed that the required brand label can be properly affixed.

(Paragraph (b)(7) approved by the Office of Management and Budget under 
Control No. 1512-0469)

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF-25, 41 FR 
10220, Mar. 10, 1976; 41 FR 11022, Mar. 16, 1976; T.D. ATF-94, 46 FR 
55096, Nov. 6, 1981; T.D. ATF-150, 48 FR 45556, Oct. 6, 1983; 48 FR 
46518, Oct. 13, 1983; T.D. ATF-220, 50 FR 51852, Dec. 20, 1985; T.D. 
ATF-236, 51 FR 34710, Sept. 30, 1986; T.D. ATF-282, 54 FR 7162, Feb. 16, 
1989; T.D. ATF-312, 56 FR 31077, July 9, 1991; T.D. ATF-344, 58 FR 
40354, July 28, 1993; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000]

[[Page 59]]



Sec. 5.33  Additional requirements.

    (a) Contrasting background. Labels shall be so designed that the 
statements required by this subpart are readily legible under ordinary 
conditions, and such statements shall be on a contrasting background.
    (b) Location of statements and size of type. (1) Statements required 
by this subpart, except brand names, shall appear generally parallel to 
the base on which the bottle rests as it is designed to be displayed or 
shall be otherwise equally conspicuous.
    (2) Statements required by this subpart, except brand names and the 
declaration of sulfites in Sec. 5.32(b)(7), shall be separate and apart 
from any other descriptive or explanatory matters.
    (3) If not separate and apart from other descriptive or explanatory 
matter printed on the label, the statement declaring the presence of 
sulfites shall be of a size substantially more conspicuous than 
surrounding nonmandatory labeling information.
    (4) Statements of the type of distilled spirits shall be as 
conspicuous as the statement of the class to which it refers, and in 
direct conjunction therewith.
    (5) Statements required by this subpart, except brand names, shall 
be in script, type, or printing not smaller than 2 millimeters (or 8-
point gothic until January 1, 1983), except that, in the case of labels 
on bottles of 200 milliliters or less capacity, such script, type, or 
printing shall not be smaller than 1 millimeter (or 6-point gothic until 
January 1, 1983).
    (6) When net contents are stated either in metric measures or in 
both metric and U.S. fluid measures, statements required by the subpart, 
except brand names, shall be in script, type, or printing not smaller 
than 2 millimeters (or 8-point gothic until January 1, 1983), except 
that, in the case of labels on bottles of 200 milliliters or less 
capacity such script, type, or printing shall not be smaller than 1 
millimeter (or 6-point gothic until January 1, 1983).
    (c) English language. The requirements of this subpart shall be 
stated in the English language, except that the brand name need not be 
in English, and for products bottled for consumption within Puerto Rico 
the required information may be stated in the Spanish language if the 
net contents and, if the product is an imitation, the word ``imitation'' 
are also stated in the English language.
    (d) Location of label. Labels shall not obscure government stamps or 
be obscured thereby. Labels shall not obscure any markings or 
information required to be permanently marked in the bottle by other 
U.S. Treasury Department regulations.
    (e) Labels firmly affixed. Labels which are not an integral part of 
the bottle shall be affixed to bottles in such manner that they cannot 
be removed without thorough application of water or other solvents.
    (f) Additional information on labels. Labels may contain information 
other than the mandatory label information required by this subpart if 
the information does not conflict with, or in any manner qualify, 
statements required by this part.
    (g) Contents of bottles. A complete and accurate statement of the 
contents of the bottles to which labels are to be or have been affixed 
shall be submitted, on request, to the appropriate ATF officer.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF-66, 45 FR 
40548, June 13, 1980; T.D. ATF-94, 46 FR 55096, Nov. 6, 1981; T.D. ATF-
236, 51 FR 34710, Sept. 30, 1986; T.D. ATF-425, 65 FR 11891, Mar. 7, 
2000]



Sec. 5.34  Brand names.

    (a) Misleading brand names. No label shall contain any brand name, 
which, standing alone, or in association with other printed or graphic 
matter, creates any impression or inference as to the age, origin, 
identity, or other characteristics of the product unless the appropriate 
ATF officer finds that such brand name (when appropriately qualified if 
required) conveys no erroneous impressions as to the age, origin, 
identity, or other characteristics of the product.
    (b) Trade name of foreign origin. Paragraph (a) of this section does 
not prohibit the use by any person of any trade name or brand of foreign 
origin not effectively registered in the U.S. Patent Office on August 
29, 1935, which has been used by such person or his

[[Page 60]]

predecessors in the United States for a period of at least 5 years 
immediately preceding August 29, 1935: Provided, That if such trade name 
or brand is used, the designation of the product shall be qualified by 
the name of the locality in the United States in which produced, and 
such qualification shall be in script, type, or printing as conspicuous 
as the trade name or brand.



Sec. 5.35  Class and type.

    (a) Designation of product. The class and type of distilled spirits 
shall be stated in conformity with Sec. 5.22 if defined therein. In all 
other instances the product shall be designated in accordance with trade 
and consumer understanding thereof, or, if no such understanding exists, 
by a distinctive or fanciful name, and in either case (except as 
provided in paragraph (b)(2) of this section) followed by a truthful and 
adequate statement of composition. The word ``cordial'' or ``liqueur'' 
need not be stated in the case of cordials and liqueurs unless the 
appropriate ATF officer finds such word is necessary to clearly indicate 
that the product is a cordial or liqueur.
    (b) Products designed in accordance with trade and consumer 
understanding. In the case of products designated in accordance with 
trade and consumer understanding:
    (1) A statement of the classes and types of distilled spirits used 
in the manufacture thereof shall be deemed a sufficient statement of 
composition in the case of highballs, cocktails, and similar prepared 
specialties when the designation adequately indicates to the consumer 
the general character of the product.
    (2) No statement of composition is required if the designation 
through general and established usage adequately indicates to the 
consumer the composition of the product.

A product shall not bear a designation which indicates it contains a 
class or type of distilled spirits unless the distilled spirits therein 
conform to such class and type.
    (c) Origin of whiskies in mixtures. In the case of any of the types 
of whisky defined in Sec. 5.22(b), Class 2, which contains any whisky or 
whiskies produced in a country other than that indicated by the type 
designation, there shall be stated on the brand label the percentage of 
such whisky and the country or origin thereof. In the case of mixtures 
of whisky, not conforming to any type designation in Sec. 5.22(b), Class 
2, the components of which were distilled in more than one country, 
there shall be stated in direct conjunction with the class designation 
``whisky'' a truthful and adequate statement of the composition of the 
product.
    (d) Whisky manufactured in Scotland, Ireland, or Canada. All whisky 
manufactured in Scotland, Ireland, or Canada, shall be deemed to be 
Scotch, Irish, or Canadian whisky, and shall be so designated, in 
conformity with Sec. 5.22(b) (7), (8), and (9), unless the application 
of such designation to the particular product will result in consumer 
deception, or unless such a product is not entitled to such designation 
under the laws of the country in which manufactured.
    (e) Cordials and liqueurs. The alcoholic components of cordails and 
liqueurs may, but need not, be stated on labels.



Sec. 5.36  Name and address.

    (a) ``Bottled by''. (1) On labels of domestic distilled spirits 
there shall be stated the phrase ``bottled by'', ``packed by'', or 
``filled by'', immediately followed by the name (or trade name) of the 
bottler and the place where such distilled spirits are bottled. If the 
bottler is the actual bona fide operator of more than one distilled 
spirits plant engaged in bottling operations, there may, in addition, be 
stated immediately following the name (or trade name) of such bottler 
the addresses of such other plants.
    (2) Where distilled spirits are bottled by or for the distiller 
thereof, there may be stated, in lieu of the phrase ``bottled by'', 
``packed by'', or ``filled by'', followed by the bottler's name (or 
trade name) and address, the phrase ``distilled by'', followed by the 
name, or the trade name under which the particular spirits were 
distilled, or (except in the case of distilled spirits labeled as 
bottled in bond) any trade name shown on the distiller's permit 
(covering the premises where the particular

[[Page 61]]

spirits were distilled), and the address (or addresses) of the 
distiller.
    (3) Where ``straight whiskies'' of the same type which have been 
produced in the same State by two or more different distillers are 
combined (either at time of bottling or at a warehouseman's bonded 
premises for further storage) and subsequently bottled and labeled as 
``straight whisky,'' such ``straight whisky'' shall be labeled in 
accordance with the requirements of paragraph (a)(1) of this section. 
Where such ``straight whisky'' is bottled by or for the distillers 
thereof, there may be stated on the label, in lieu of the requirements 
of paragraph (a)(1) of this section, the phraise ``distilled by,'' 
followed by the names (or trade names) of the different distillers who 
distilled a portion of the ``straight whisky,'' the addresses of the 
distilleries where the ``straight whisky'' was distilled, and the 
percentage of ``straight whisky'' distilled by each distiller (with a 
tolerance of plus or minus 2 percent). In the case where ``straight 
whisky'' is made up of a mixture of ``straight whiskies'' of the same 
type from two or more different distilleries of the same proprietor 
located within the same State, and where the ``straight whisky'' is 
bottled by or for the proprietor thereof, such ``straight whisky'' may 
be labeled, in lieu of the requirements of paragraph (a)(1) of the this 
section, with the phrase ``distilled by'' followed by the name (or trade 
name) of the proprietor and the addresses of the different distilleries 
which distilled a portion of the ``straight whisky.''
    (4) Where distilled spirits are bottled by or for the rectifier 
thereof, there may be stated, in lieu of the phrase ``bottled by'', 
``packed by'', or ``filled by'', followed by the bottler's name (or 
trade name) and address, the phrases ``blended by'', ``made by'', 
``prepared by'', ``manufactured by'', or ``produced by'' (whichever may 
be appropriate to the act of rectification involved) followed by the 
name (or trade name), and the address (or addresses) of the rectifier.
    (5) In addition to the requirements of paragraphs (a)(1) and (a)(2) 
of this paragraph, the labels of bottled in bond spirits shall bear the 
real name of the distillery or the trade name under which the distillery 
produced and warehoused the spirits, the number of the plant in which 
produced and the number of the plant in which bottled.
    (6) The label may state the address of the proprietor's principal 
place of business in lieu of the place where the bottling, distilling or 
rectification operation occurred, if the address where the operation 
occurred is indicated by printing, coding, or other markings, on the 
label or on the bottle.
    (b) ``Imported by''. (1) On labels of imported distilled spirits, 
bottled prior to importation, there shall be stated the words ``imported 
by'', ``imported exclusively by'', or a similar appropriate phrase, and 
immediately thereafter the name of the importer, or exclusive agent, or 
sole distributor, or other person responsible for the importation, 
together with the principal place of business in the United States of 
such person.
    (2) On labels of imported distilled spirits bottled after 
importation there shall be stated:
    (i) The name of the bottler and place where bottled, immediately 
preceded by the words ``bottled by'', ``packed by'', or ``filled by''; 
or
    (ii) The name of the bottler and place where bottled, immediately 
preceded by the words ``bottled by'', ``packed by'', or ``filled by'' 
and in conjunction therewith the name and address of the person 
responsible for the importation, in the manner prescribed in paragraph 
(b)(1) of this section; or
    (iii) The name and principal place of business in the United States 
of the person responsible for the importation, if the spirits are 
bottled for such person, immediately preceded by the phrase ``imported 
by and bottled (packed), (filled) in the United States for'' (or a 
similar appropriate phrase); or,
    (iv) In the case of imported distilled spirits bottled after 
importation by the person responsible for the importation, the words 
``imported and bottled (packed), (filled) by'', ``imported and bottled 
(packed), (filled) exclusively by'', or a similar appropriate phrase, 
and immediately thereafter the name of such person and the address of 
the place where bottled or the address of

[[Page 62]]

such person's principal place of business.
    (c) Post office address. The ``place'' stated shall be the post 
office address, except that the street address may be omitted. No 
additional places or addresses shall be stated for the same person, firm 
or corporation, unless (1) such person or retailer is actively engaged 
in the conduct of an additional bona fide and actual alcoholic beverage 
business at such additional place or address, and (2) the label also 
contains in direct conjunction therewith, appropriate descriptive 
material indicating the function occurring at such additional place or 
address.
    (d) State of distillation. Except in the case of ``light whisky'', 
``blended light whisky'', ``blended whisky'', ``a blend of straight 
whiskies'', or ``spirit whisky'', the State of distillation shall be 
shown on the label of any whisky produced in the United States if the 
whisky is not distilled in the State given in the address on the brand 
label. The appropriate ATF officer may, however, require the State of 
distillation to be shown on the label or he may permit such other 
labeling as may be necessary to negate any misleading or deceptive 
impression which might be created as to the actual State of 
distillation. In the case of ``light whisky'', as defined in 
Sec. 5.22(b)(3), the State of distillation shall not appear in any 
manner on any label, when the appropriate ATF officer finds such State 
is associated by consumers with an American type whisky, except as a 
part of a name and address as set forth in paragraph (a) of this 
section.
    (e) Country of origin. On labels of imported distilled spirits there 
shall be stated the country of origin in substantially the following 
form ``Product of ------------'', the blank to be filled in with the 
name of the country of origin.
    (f) Trade names. The trade name of any permittee appearing on any 
label must be identical to the trade name listed on the permittee's 
basic permit.

(26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 (49 Stat. 
981, as amended))

[T.D. 7020, 34 FR 20637, Dec. 30, 1969, as amended by T.D. ATF-62, 44 FR 
71621, Dec. 11, 1979; T.D. ATF-198, 50 FR 8464, Mar. 1, 1985; T.D. ATF-
259, 52 FR 41423, Oct. 28, 1987; T.D. ATF-260, 52 FR 42101, Nov. 3, 
1987; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000]



Sec. 5.37  Alcohol content.

    (a) Statements--(1) Mandatory statement. The alcohol content for 
distilled spirits shall be stated in percent-alcohol-by-volume. Products 
such as ``Rock and Rye. or similar products containing a significant 
amount of solid material shall state the alcohol content at the time of 
bottling as follows: ``Bottled at ------ percent-alcohol-by-volume.''
    (2) Optional statement. In addition, the label may also state the 
alcohol content in degrees of proof if this information appears in 
direct conjunction (i.e. with no intervening material) with the 
statement expressed in percent-alcohol-by-volume. If both forms of 
alcohol content are shown, the optional statement in degrees of proof 
shall be placed in parentheses, in brackets, or otherwise distinguished 
from the mandatory statement in percent-alcohol-by-by-volume to 
emphasize the fact that both expressions of alcohol content mean the 
same thing.
    (b) Tolerances. The following tolerances shall be allowed (without 
affecting the labeled statement of alcohol content) for losses of 
alcohol content occurring during bottling:
    (1) Not to exceed 0.25 percent alcohol by volume for spirits 
containing solids in excess of 600 mg per 100 ml; or
    (2) Not to exceed 0.25 percent alcohol by volume for any spirits 
product bottled in 50 or 100 ml size bottles; or

[[Page 63]]

    (3) Not to exceed 0.15 percent alcohol by volume for all other 
spirits.

(Approved by the Office of Management and Budget under Control Number 
1512-0482)

(Sec. 201, Pub. L. 85-859, 72 Stat. 1394, as amended (26 U.S.C. 
5301(a)); 49 Stat. 917, as amended (27 U.S.C. 205(e))

[T.D. ATF-237, 51 FR 36394, Oct. 10, 1986, as amended by T.D. ATF-288, 
54 FR 47769, Nov. 17, 1989]



Sec. 5.38  Net contents.

    (a) Bottles conforming to metric standards of fill. The net contents 
of distilled spirits shall be stated in the same manner and form as set 
forth in the standards of fill in Sec. 5.47a.
    (b) Bottles not conforming to the metric standards of fill. The net 
contents for distilled spirits bottled before January 1, 1980, in 
bottles not conforming to the metric standards of fill, shall be stated 
in the same manner and form as set forth in Sec. 5.47(a), except for 
cordials and liqueurs, cocktails, highballs, bitters and specialties, as 
specified by the Director. The net contents for these specialty products 
shall be stated in U.S. measure (i.e., gallons, quarts, pints, fluid 
ounces).
    (c) Net contents marked in bottles. The net contents need not be 
marked on any lable if they are legibly blown, etched, sandblasted, 
marked by underglaze coloring, or otherwise permanently marked by any 
method approved by the appropriate ATF officer on the side, front, or 
back of the container in an unobscured location. containers of 200 ml or 
greater capacity shall bear letters and figures of not less than one-
quarter inch height.
    (d) Qualifying statements. Words or phrases qualifying statements of 
net contents are prohibited.

(Sec. 5, 49 Stat. 981, as amended (27 U.S.C. 205); 26 U.S.C. 5301)

[T.D. ATF-146, 48 FR 43321, Sept. 23, 1983, as amended by T.D. ATF-249, 
52 FR 5956, Feb. 27, 1987]



Sec. 5.39  Presence of neutral spirits and coloring, flavoring, and blending materials.

    (a) Neutral spirits and name of commodity. (1) In the case of 
distilled spirits (other than cordials, liqueurs, and specialties) 
produced by blending or rectification, if neutral spirits have been used 
in the production thereof, there shall be stated the percentage of 
neutral spirits so used and the name of the commodity from which such 
neutral spirits have been distilled. The statement of percentage and the 
name of the commodity shall be made in substantially the following form: 
``--------% neutral spirits distilled from -------------- (insert grain, 
cane products, or fruit as appropriate)''; or ``--------% neutral 
spirits (vodka) distilled from -------------- (insert grain, cane 
products, or fruit, as appropriate)''; or ``--------% grain (cane 
products), (fruit) neutral spirits'', or ``--------% grain spirits.''
    (2) In the case of neutral spirits or of gin produced by a process 
of continuous distillation, there shall be stated the name of the 
commodity from which such neutral spirits or gin have been distilled. 
The statement of the name of the commodity shall be made in 
substantially the following form: ``Distilled from grain'', or 
``Distilled from cane products'', or ``Distilled from fruit''.
    (b) Coloring materials. The words ``artifically colored'' shall be 
stated on the label of any distilled spirits containing synthetic or 
natural materials which primarily contribute color, or when the label 
conveys the impression that the color is derived from a source other 
than the actual source, except that:
    (1) If no coloring material other than natural flavoring material 
has been added, there may be stated in lieu of the words ``artificially 
colored'' a truthful and adequate statement of the source of the color;
    (2) If no coloring material other than those certified as suitable 
for use in foods by the Food and Drug Administration has been added, 
there may be stated in lieu of the words ``artificially colored,'' the 
words ``certified color added''; and
    (3) If no coloring material other than caramel has been added, there 
may be stated in lieu of the words ``artificially colored,'' the words 
``colored with caramel,'' or a substantially similar statement, but no 
such statement is required for the use of caramel in brandy,

[[Page 64]]

rum, or tequila, or in any type of whisky other than straight whisky.
    (c) Treatment with wood. The words ``colored and flavored with wood 
------ (insert chips, slabs, etc., as appropriate)'' shall be stated as 
a part of the class and type designation for whisky and brandy treated, 
in whole or in part, with wood through percolation, or otherwise, during 
distillation or storage, other than through contact with the oak 
container. Provided, that the above statement shall not apply to brandy 
treated with an infusion of oak chip in accordance with Sec. 5.23(a).

[T.D. 720, 34 FR 20637, Dec. 30, 1969, as amended by T.D. ATF-94, 46 FR 
55097, Nov. 6, 1981; T.D. ATF-292, 55 FR 1065, Jan. 11, 1990]



Sec. 5.40  Statements of age and percentage.

    (a) Statements of age and percentage for whisky. In the case of 
straight whisky bottled in conformity with the bottled in bond labeling 
requirements and of domestic or foreign whisky, whether or not mixed or 
blended, all of which is 4 years old or more, statements of age and 
percentage are optional. As to all other whiskies there shall be stated 
the following:
    (1) In the case of whisky, whether or not mixed or blended but 
containing no neutral spirits, the age of the youngest whisky. The age 
statement shall read substantially as follows: ``------ years old.''
    (2) In the case of whisky, containing neutral spirits, if any of the 
straight whisky and/or other whisky is less than 4 years old, the 
percentage by volume of straight whisky and/or other whisky, and the age 
of the straight whisky (the youngest if two or more) and the age of such 
other whisky (the youngest if two or more). If all the straight whisky 
and/or other whisky is 4 years or more old, the age and percentage 
statement for such whiskies is optional. The age and percentage 
statement for straight whiskies and/or other whisky, whether required or 
optional, shall be stated in immediate conjunction with the neutral 
spirits statement required by Sec. 5.39, and shall read substantially as 
follows:
    (i) If only one straight whisky and no other whisky is contained in 
the blend: ``---- percent straight whisky ---- years old.''
    (ii) If more than one straight whisky and no other whisky is 
contained in the blend: ``---- percent straight whiskies ---- years or 
more old.'' The age blank shall be filled in with the age of the 
youngest straight whisky. In lieu of the foregoing, a statement may be 
made of the ages and percentages of each of the straight whiskies 
contained in the blend: ``---- percent straight whisky ---- years old, 
---- percent straight whisky ---- years old, and ---- percent straight 
whisky ---- years old.''
    (iii) If only one straight whisky and one other whisky is contained 
in the blend: ``---- percent straight whisky ---- years old, ---- 
percent whisky ---- years old.''
    (iv) If more than one straight whisky and more than one other whisky 
is contained in the blend: ``---- percent straight whiskies ---- years 
or more old, ---- percent whiskies ---- years or more old.'' The age 
blanks shall be filled in with the ages of the youngest straight whisky 
and the youngest other whisky. In lieu of the foregoing, a statement may 
be made of the ages and percentages of each of the straight whiskies and 
other whiskies contained in the blend: ``---- percent straight whisky --
-- years old, ---- percent straight whisky ---- years old, ---- percent 
whisky ---- years old, and ---- percent whisky ---- years old.''
    (3) In the case of imported whiskies described in Sec. 5.22(l), 
Class 12, the labels shall state the ages and percentages in the same 
manner and form as is required for the same type of whisky produced in 
the United States.
    (4) Notwithstanding the foregoing provisions of this paragraph, in 
the case of whisky produced in the United States and stored in reused 
oak containers, except for corn whisky, and for light whisky produced on 
or after January 26, 1968, there shall be stated in lieu of the words 
``---- years old'' the period of storage in reused oak containers as 
follows: ``---- stored ---- years in reused cooperage.''
    (5) Optional age statements shall appear in the same form as 
required age statements.

[[Page 65]]

    (b) Statements of age for rum, brandy, and Tequila. Age may, but 
need not, be stated on labels of rums, brandies, and Tequila, except 
that an appropriate statement with respect to age shall appear on the 
brand label in case of brandy (other than immature brandies and fruit 
brandies which are not customarily stored in oak containers) not stored 
in oak containers for a period of at least 2 years. If age is stated, it 
shall be substantially as follows: ``---- years old''; the blank to be 
filled in with the age of the youngest distilled spirits in the product.
    (c) Statement of storage for grain spirits. In case of grain 
spirits, the period of storage in oak containers may be stated in 
immediate conjunction with the required percentage statement; for 
example, ``----% grain spirits stored ---- years in oak containers.''
    (d) Other distilled spirits. Age, maturity, or similar statements or 
representations as to neutral spirits (except for grain spirits as 
stated in paragraph (c) of this section), gin, liqueurs, cordials, 
cocktails, highballs, bitters, flavored brandy, flavored gin, flavored 
rum, flavored vodka, flavored whisky, and specialties are misleading and 
are prohibited from being stated on any label.
    (e) Miscellaneous age representations. (1) Age may be understated 
but shall not be overstated.
    (2) If any age, maturity, or similar representation is made relative 
to any distilled spirits (such representations for products enumerated 
in paragraph (d) of this section are prohibited), the age shall also be 
stated on all labels where such representation appears, and in a manner 
substantially as conspicuous as such representation: Provided. That the 
use of the word ``old'' or other word denoting age, as part of the brand 
name, shall not be deemed to be an age representation: And provided 
further, That the labels of whiskies and brandies (except immature 
brandies) not required to bear a statement of age, and rum and Tequila 
aged for not less than 4 years, may contain general inconspicuous age, 
maturity or similar representations without the label bearing an age 
statement.

(26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 (49 Stat. 
981, as amended))

[T.D. 7020, 34 FR 20637, Dec. 30, 1969, as amended by T.D. ATF-62, 44 FR 
71621, Dec. 11, 1979; T.D. ATF-198, 50 FR 8464, Mar. 1, 1985]



Sec. 5.41  Bottle cartons, booklets and leaflets.

    (a) General. An individual covering, carton, or other container of 
the bottle used for sale at retail (other than a shipping container), or 
any written, printed, graphic, or other matter accompanying the bottle 
to the consumer buyer shall not contain any statement, design, device, 
or graphic, pictorial, or emblematic representation that is prohibited 
by Secs. 5.31 through 5.42 on labels.
    (b) Sealed opaque cartons. If bottles are enclosed in sealed opaque 
coverings, cartons, or other containers used for sale at retail (other 
than shipping containers), such coverings, cartons, or other containers 
must bear all mandatory label information.
    (c) Other cartons. (1) If an individual covering, carton, or other 
container of the bottle used for sale at retail (other than a shipping 
container) is so designed that the bottle is readily removable, it may 
display any information which is not in conflict with the label on the 
bottle contained therein.
    (2) Cartons displaying brand names and/or designations must display 
such names and designations in their entirety--brand names required to 
be modified, e.g. by ``Brand'' or ``Product of U.S.A.'', must also 
display such modification.
    (3) Specialty products for which a truthful and adequate statement 
of composition is required must display such statement.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF-36, 41 FR 
47426, Oct. 29, 1976]



Sec. 5.42  Prohibited practices.

    (a) Statements on labels. Bottles containing distilled spirits, or 
any labels on such bottles, or any individual covering, carton, or other 
container of

[[Page 66]]

such bottles used for sale at retail, or any written, printed, graphic, 
or other matter accompanying such bottles to the consumer shall not 
contain:
    (1) Any statement that is false or untrue in any particular, or 
that, irrespective of falsity, directly, or by ambiguity, omission, or 
inference, or by the addition of irrelevant, scientific or technical 
matter, tends to create a misleading impression.
    (2) Any statement that is disparaging of a competitor's product.
    (3) Any statement, design, device, or representation which is 
obscene or indecent.
    (4) Any statement, design, device, or representation of or relating 
to analyses, standards, or tests, irrespective of falsity, which the 
appropriate ATF officer finds to be likely to mislead the consumer.
    (5) Any statement, design, device, or representation of or relating 
to any guarantee, irrespective of falsity, which the appropriate ATF 
officer finds to be likely to mislead the consumer. Money-back 
guarantees are not prohibited.
    (6) A trade or brand name that is the name of any living individual 
of public prominence, or existing private or public organization, or is 
a name that is in simulation or is an abbreviation thereof, or any 
graphic, pictorial, or emblematic representation of any such individual 
or organization, if the use of such name or representation is likely to 
falsely lead the consumer to believe that the product has been endorsed, 
made, or used by, or produced for, or under the supervision of, or in 
accordance with the specifications of, such individual or organization: 
Provided, That this paragraph shall not apply to the use of the name of 
any person engaged in business as a distiller, rectifier, blender, or 
other producer, or as an importer, wholesaler, retailer, bottler, or 
warehouseman, of distilled spirits, nor to the use by any person of a 
trade or brand name that is the name of any living individual of public 
prominence or existing private or public organization, provided such 
trade or brand name was used by him or his predecessors in interest 
prior to August 29, 1935.
    (b) Miscellaneous. (1) Labels shall not be of such design as to 
resemble or simulate a stamp of the U.S. Government or any State or 
foreign government. Labels, other than stamps authorized or required by 
this or any other government, shall not state or indicate that the 
distilled spirits are distilled, blended, made, bottled, or sold under, 
or in accordance with, any municipal, State, Federal, or foreign 
authorization, law, or regulations, unless such statement is required or 
specifically authorized by Federal, State, municipal, or foreign law or 
regulations. The statements authorized by this part to appear on labels 
for domestic distilled spirits are ``Distilled (produced, barreled, 
warehoused, blended, or bottled, or any combination thereof, as the case 
may be) under United States (U.S.) Government supervision'', or in the 
case of distilled spirits labeled as bottled in bond, ``Bottled in bond 
under United States (U.S.) Government supervision''. If the municipal, 
State, or Federal Government permit number is stated on a label, it 
shall not be accompanied by any additional statement relating thereto.
    (2) If imported distilled spirits are covered by a certificate of 
origin or of age issued by a duly authorized official of the appropriate 
foreign government, the label, except where prohibited by the foreign 
government, may refer to such certificate or the fact of such 
certification, but shall not be accompanied by any additional statement 
relating thereto. The reference to such certificate or certification 
shall, in the case of Cognac, be substantially in the following form: 
``This product accompanied at the time of importation by an `Acquit 
Regional Jaune d'Or' issued by the French Government, indicating that 
this grape brandy was distilled in the Cognac Region of France''; and in 
the case of other distilled spirits, substantially in the following 
form: ``This product accompanied at time of importation by a certificate 
issued by the ---- government (name of government) indicating that the 
product is ---- (class and type as required to be stated on the label), 
and (if label claims age) that none of the distilled spirits are of an 
age less than stated on this label.''

[[Page 67]]

    (3) The words ``bond'', ``bonded'', ``bottled in bond'', ``aged in 
bond'', or phrases containing these or synonymous terms, shall not be 
used on any label or as part of the brand name of domestic distilled 
spirits unless the distilled spirits are:
    (i) Composed of the same kind of spirits produced from the same 
class of materials;
    (ii) Produced in the same distilling season by the same distiller at 
the same distillery;
    (iii) Stored for at least four years in wooden containers wherein 
the spirits have been in contact with the wood surface except for gin 
and vodka which must be stored for at least four years in wooden 
containers coated or lined with paraffin or other substance which will 
preclude contact of the spirits with the wood surface;
    (iv) Unaltered from their original condition or character by the 
addition or subtraction of any substance other than by filtration, chill 
proofing, or other physical treatments (which do not involve the 
addition of any substance which will remain incorporated in the finished 
product or result in a change in class or type);
    (v) Reduced in proof by the addition of pure water only to 100 
degrees of proof; and
    (vi) Bottles at 100 degrees of proof.

In addition to the requirements of Sec. 5.36(a) (1) or (2), the label 
shall bear the real name of the distillery or the trade name under which 
the distillery produced and warehoused the spirits, and the plant (or 
registered distillery) number in which produced; and the plant number in 
which bottled. The label may also bear the name or trade name of the 
bottler.
    (4) The words ``bond'', ``bonded'', ``bottled in bond'', ``aged in 
bond'', or phrases containing these or synonymous terms, shall not be 
used on any label or as part of the brand name of imported distilled 
spirits unless the distilled spirits meet in all respects the 
requirements applicable to distilled spirits bottled for domestic 
consumption, so labeled, and unless the laws and regulations of the 
country in which such distilled spirits are produced authorize the 
bottling of distilled spirits in bond and require or specifically 
authorize such distilled spirits to be so labeled. All spirits labeled 
as ``bonded'', ``bottled in bond'', or ``aged in bond'' pursuant to the 
provisions of this paragraph shall bear in direct conjunction with such 
statement and in script, type, or printing substantially as conspicuous 
as that used on such statement, the name of the country under whose laws 
and regulations such distilled spirits were so bottled.
    (5) The word ``pure'' shall not be stated upon labels unless:
    (i) It refers to a particular ingredient used in the production of 
the distilled spirits, and is a truthful representation about that 
ingredient; or
    (ii) It is part of the bona fide name of a permittee or retailer for 
whom the distilled spirits are bottled; or
    (iii) It is part of the bona fide name of the permittee who bottled 
the distilled spirits.
    (6) Distilled spirits shall not be labeled as ``double distilled'' 
or ''triple distilled'' or any similar term unless it is a truthful 
statement of fact; except that ``double distilled'' or ``triple 
distilled'' shall not be permitted on labels of distilled spirits 
produced by the redistillation method when a second or third 
distillation step is a necessary distillation process for the production 
of the product.
    (7) Labels shall not contain any statement, design, device, or 
pictorial representation which the appropriate ATF officer finds relates 
to, or is capable of being construed as relating to, the armed forces of 
the United States, or the American flag, or any emblem, seal, insignia, 
or decoration associated with such flag or armed forces; nor shall any 
label contain any statement, design, device, or pictorial representation 
of or concerning any flag, seal, coat of arms, crest or other insignia, 
likely to mislead the consumer to believe that the product has been 
endorsed, made, or used by, or produced for, or under the supervision 
of, or in accordance with the specifications of the government, 
organization, family, or individual with whom such flag, seal, coat of 
arms, crest, or insignia is associated.
    (8) Curative and therapeutic claims. Labels shall not contain any 
statement, design, representation, pictorial

[[Page 68]]

representation, or device representing that the use of distilled spirits 
has curative or therapeutic effects if such statement is untrue in any 
particular or tends to create a misleading impression.

(26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 (49 Stat. 
981, as amended))

[T.D. 7020, 34 FR 20637, Dec. 30, 1969, as amended by T.D. ATF-62, 44 FR 
71621, Dec. 11, 1979; T.D. ATF-180, 49 FR 31673, Aug. 8, 1984; 49 FR 
35768. Sept. 12, 1984; T.D. ATF-198, 50 FR 8464, Mar. 1, 1985; 50 FR 
23410, June 4, 1985]

    Effective Date Note: By T.D. TTB-1, 68 FR 10104, Mar. 3, 2003, 
Sec. 5.42 was amended by revising paragraph (b)(8), effective June 2, 
2003. For the convenience of the user, the revised text is set forth as 
follows:

Sec. 5.42  Prohibited practices.

                                * * * * *

    (b) * * *
    (8) Health-related statements--(i) Definitions. When used in this 
paragraph (b)(8), terms are defined as follows:
    (A) Health-related statement means any statement related to health 
(other than the warning statement required by Sec. 16.21 of this 
chapter) and includes statements of a curative or therapeutic nature 
that, expressly or by implication, suggest a relationship between the 
consumption of alcohol, distilled spirits, or any substance found within 
the distilled spirits, and health benefits or effects on health. The 
term includes both specific health claims and general references to 
alleged health benefits or effects on health associated with the 
consumption of alcohol, distilled spirits, or any substance found within 
the distilled spirits, as well as health-related directional statements. 
The term also includes statements and claims that imply that a physical 
or psychological sensation results from consuming the distilled spirits, 
as well as statements and claims of nutritional value (e.g., statements 
of vitamin content). Statements concerning caloric, carbohydrate, 
protein, and fat content do not constitute nutritional claims about the 
product.
    (B) Specific health claim is a type of health-related statement 
that, expressly or by implication, characterizes the relationship of the 
distilled spirits, alcohol, or any substance found within the distilled 
spirits, to a disease or health-related condition. Implied specific 
health claims include statements, symbols, vignettes, or other forms of 
communication that suggest, within the context in which they are 
presented, that a relationship exists between distilled spirits, 
alcohol, or any substance found within the distilled spirits, and a 
disease or health-related condition.
    (C) Health-related directional statement is a type of health-related 
statement that directs or refers consumers to a third party or other 
source for information regarding the effects on health of distilled 
spirits or alcohol consumption.
    (ii) Rules for labeling--(A) Health-related statements. In general, 
labels may not contain any health-related statement that is untrue in 
any particular or tends to create a misleading impression as to the 
effects on health of alcohol consumption. TTB will evaluate such 
statements on a case-by-case basis and may require as part of the 
health-related statement a disclaimer or some other qualifying statement 
to dispel any misleading impression conveyed by the health-related 
statement.
    (B) Specific health claims. (1) TTB will consult with the Food and 
Drug Administration (FDA), as needed, on the use of a specific health 
claim on a distilled spirits label. If FDA determines that the use of 
such a labeling claim is a drug claim that is not in compliance with the 
requirements of the Federal Food, Drug, and Cosmetic Act, TTB will not 
approve the use of that specific health claim on a distilled spirits 
label.
    (2) TTB will approve the use of a specific health claim on a 
distilled spirits label only if the claim is truthful and adequately 
substantiated by scientific or medical evidence; sufficiently detailed 
and qualified with respect to the categories of individuals to whom the 
claim applies; adequately discloses the health risks associated with 
both moderate and heavier levels of alcohol consumption; and outlines 
the categories of individuals for whom any levels of alcohol consumption 
may cause health risks. This information must appear as part of the 
specific health claim.
    (C) Health-related directional statements. A statement that directs 
consumers to a third party or other source for information regarding the 
effects on health of distilled spirits or alcohol consumption is 
presumed misleading unless it--
    (1) Directs consumers in a neutral or other non-misleading manner to 
a third party or other source for balanced information regarding the 
effects on health of distilled spirits or alcohol consumption; and
    (2)(i) Includes as part of the health-related directional statement 
the following disclaimer: ``This statement should not encourage you to 
drink or to increase your alcohol consumption for health reasons;'' or
    (ii) Includes as part of the health-related directional statement 
some other qualifying statement that the appropriate TTB officer finds 
is sufficient to dispel any misleading

[[Page 69]]

impression conveyed by the health-related directional statement.

                                * * * * *



       Subpart E--Standards of Fill for Bottled Distilled Spirits



Sec. 5.45  Application.

    No person engaged in business as a distiller, rectifier, importer, 
wholesaler, or warehouseman and bottler, directly or indirectly, or 
through an affiliate, shall sell or ship or deliver for sale or 
shipment, or otherwise introduce in interstate or foreign commerce, or 
receive therein or remove from customs custody any distilled spirits in 
bottles unless such distilled spirits are bottled and packed in 
conformity with Secs. 5.46 through 5.47a.

(Sec. 5, 49 Stat. 981, as amended (27 U.S.C. 205); 26 U.S.C. 5301)

[T.D. ATF-25, 41 FR 10221, Mar. 10, 1976; T.D. ATF-146, 48 FR 43321, 
Sept. 23, 1983]



Sec. 5.46  Standard liquor bottles.

    (a) General. A standard liquor bottle shall be one so made and 
formed, and so filled, as not to mislead the purchaser. An individual 
carton or other container of a bottle shall not be so designed as to 
mislead purchasers as to the size of the bottles.
    (b) Headspace. A liquor bottle of a capacity of 200 milliliters or 
more shall be held to be so filled as to mislead the purchaser if it has 
a headspace in excess of 8 percent of the total capacity of the bottle 
after closure.
    (c) Design. A liquor bottle shall be held (irrespective of the 
correctness of the stated net contents) to be so made and formed as to 
mislead the purchaser, if its actual capacity is substantially less than 
the capacity it appears to have upon visual examination under ordinary 
conditions of purchase or use.
    (d) Exceptions--(1) Distinctive liquor bottles. The headspace and 
design requirements in paragraphs (b) and (c) of this section do not 
apply to liquor bottles that are specifically exempted by the 
appropriate ATF oficer, pursuant to an application filed by the bottler 
or importer.
    (2) Cross reference. For procedures regarding the issuance, denial 
and revocation of distinctive liquor bottle approvals, as well as appeal 
procedures, see part 13 of this chapter.

(Sec. 5, 49 Stat. 981, as amended (27 U.S.C. 205); 26 U.S.C. 5301)

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF-25, 41 FR 
10221, Mar. 10, 1976; 41 FR 11022, Mar. 16, 1976; T.D. ATF-62, 44 FR 
71622, Dec. 11, 1979; T.D. ATF-146, 48 FR 43321, Sept. 23, 1983; T.D. 
ATF-406, 64 FR 2129, Jan. 13, 1999]



Sec. 5.47  Standards of fill (distilled spirits bottled before January 1, 1980).

    (a) Authorized standards of fill. The standards of fill for all 
distilled spirits, whether domestically bottled, or imported, subject to 
the tolerances allowed in this section, shall be as follows:

1 gallon.                             \4/5\ pint.
\1/2\ gallon.                         \1/2\ pint.
1 quart.                              \1/8\ pint.
\4/5\ quart.                          \1/10\ pint.
1 pint.                               \1/16\ pint (brandy only).
 

    (b) Tolerances. The following tolerances shall be allowed:
    (1) Discrepancies due to errors in measuring which occur in filling 
conducted in compliance with good commercial practice.
    (2) Discrepancies due to differences in the capacity of bottles, 
resulting solely from unavoidable difficulties in manufacturing such 
bottles to a uniform capacity: Provided, That no greater tolerance shall 
be allowed in case of bottles which, because of their design, cannot be 
made of approximately uniform capacity than is allowed in case of 
bottles which can be manufactured so as to be of approximately uniform 
capacity.
    (3) Discrepancies in measure due to differences in atmospheric 
conditions in various places and which unavoidably result from the 
ordinary and customary exposure of alcoholic beverages in bottles to 
evaporation. The reasonableness of discrepancies under this paragraph 
shall be determined on the facts in each case.
    (c) Unreasonable shortages. Unreasonable shortages in certain of the 
bottles in any shipment shall not be compensated by overages in other 
bottles in the same shipment.

[[Page 70]]

    (d) Limitations. This section does not apply after December 31, 
1979.

(Sec. 5, 49 Stat. 981, as amended (27 U.S.C. 205); 26 U.S.C. 5301)

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF-25, 41 FR 
10221, Mar. 10, 1976; T.D. ATF-146, 48 FR 43321, Sept. 23, 1983]



Sec. 5.47a  Metric standards of fill (distilled spirits bottled after December 31, 1979).

    (a) Authorized standards of fill. The standards of fill for 
distilled spirits are the following:
    (1) For containers other than cans described in paragraph (a)(2), of 
this section--

1.75 liters
1.00 liter
750 milliliters
500 milliliters (Authorized for bottling until June 30, 1989)
375 milliliters
200 milliliters
100 milliliters
50 milliliters

    (2) For metal containers which have the general shape and design of 
a can, which have a closure which is an integral part of the container, 
and which cannot be readily reclosed after opening--

355 milliliters
200 milliliters
100 milliliters
50 milliliters

    (b) Tolerances. The following tolerances shall be allowed:
    (1) Discrepancies due to errors in measuring which occur in filling 
conducted in compliance with good commercial practice.
    (2) Discrepancies due to differences in the capacity of bottles, 
resulting solely from unavoidable difficulties in manufacturing such 
bottles to a uniform capacity: Provided, That no greater tolerance shall 
be allowed in case of bottles which, because of their design, cannot be 
made of approximately uniform capacity than is allowed in case of 
bottles which can be manufactured so as to be of approximately uniform 
capacity.
    (3) Discrepancies in measure due to differences in atmospheric 
conditions in various places and which unavoidably result from the 
ordinary and customary exposure of alcoholic beverages in bottles to 
evaporation. The reasonableness of discrepancies under this paragraph 
shall be determined on the facts in each case.
    (c) Unreasonable shortages. Unreasonable shortages in certain of the 
bottles in any shipment shall not be compensated by overages in other 
bottles in the same shipment.
    (d) Distilled spirits bottled before January 1, 1980. Distilled 
spirits bottled domestically before January 1, 1980, may be marketed 
after December 31, 1979, if such distilled spirits were bottled in 
accordance with Sec. 5.47. (See Sec. 5.53 for similar provisions 
relating to distilled spirits imported in original containers.)

(Sec. 5, 49 Stat. 981, as amended (27 U.S.C. 203); 26 U.S.C. 5301)

[T.D. ATF-25, 41 FR 10221, Mar. 10, 1976, as amended at 41 FR 11022, 
Mar. 16, 1976; 41 FR 11497, Mar. 19, 1976; T.D. ATF-35, 41 FR 46859, 
Oct. 26, 1976; T.D. ATF-62, 44 FR 71622, Dec. 11, 1979; T.D. ATF-146, 48 
FR 43321, Sept. 23, 1983; T.D. ATF-228, 51 FR 16170, May 1, 1986; T.D. 
ATF-326, 57 FR 31128, July 14, 1992]



 Subpart F--Requirements for Withdrawal From Customs Custody of Bottled 
                       Imported Distilled Spirits



Sec. 5.51  Label approval and release.

    (a) Certificate of label approval. Bottled distilled spirits shall 
not be released from Customs custody for consumption unless there is 
deposited with the appropriate Customs officer at the port of entry the 
original or a photostatic copy of an approved certificate of label 
approval, ATF Form 5100.31.
    (b) Release. If the original or photostatic copy of ATF Form 5100.31 
has been approved, the brand or lot of distilled spirits bearing labels 
identical with those shown thereon may be released from U.S. Customs 
custody.
    (c) Relabeling. Imported distilled spirits in U.S. Customs custody 
which are not labeled in conformity with certificates of label approval 
issued by the appropriate ATF officer must be relabeled prior to release 
under the supervision of the Customs officers of the port at which the 
spirits are located.
    (d) Statements of process. ATF Forms 5100.31 covering labels for gin 
bearing

[[Page 71]]

the word ``distilled'' as a part of the designation shall be accompanied 
by a statement prepared by the manufacturer, setting forth a step-by-
step description of the manufacturing process.
    (e) Cross reference. For procedures regarding the issuance, denial, 
and revocation of certificates of label approval, as well as appeal 
procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40549, June 13, 1980, as amended by T.D. ATF-94, 46 
FR 55097, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. 
ATF-359, 59 FR 42160, Aug. 17, 1994; T.D. ATF-406, 64 FR 2129, Jan. 13, 
1999]



Sec. 5.52  Certificates of age and origin.

    (a) Scotch, Irish, and Canadian whiskies. Scotch, Irish, and 
Canadian whiskies, imported in bottles, shall not be released from 
customs custody for consumption unless the invoice is accompanied by a 
certificate of origin issued by a duly authorized official of the 
British, Irish, or Canadian Government, certifying (1) that the 
particular distilled spirits are Scotch, Irish, or Canadian whisky, as 
the case may be, (2) that the distilled spirits have been manufactured 
in compliance with the laws of the respective foreign governments 
regulating the manufacture of whisky for home consumption, and (3) that 
the product conforms to the requirements of the Immature Spirits Act of 
such foreign governments for spirits intended for home consumption. In 
addition, a duly authorized official of the appropriate foreign 
government must certify to the age of the youngest distilled spirits in 
the bottle. The age certified shall be the period during which, after 
distillation and before bottling, the distilled spirits have been stored 
in oak containers.
    (b) Brandy, Cognac, and rum. Brandy (other than fruit brandies of a 
type not customarily stored in oak containers) or Cognac, imported in 
bottles, shall not be released from customs custody for consumption 
unless accompanied by a certificate issued by a duly authorized official 
of the appropriate foreign country certifying that the age of the 
youngest brandy or Cognac in the bottle is not less than 2 years, or if 
age is stated on the label that none of the distilled spirits are of an 
age less than that stated. If the label of any rum, imported in bottles, 
contains any statement of age, the rum shall not be released from 
customs custody for consumption unless accompanied by a certificate 
issued by a duly authorized official of the appropriate foreign country, 
certifying to the age of the youngest rum in the bottle. The age 
certified shall be the period during which, after distillation and 
before bottling, the distilled spirits have been stored in oak 
containers. If the label of any fruit brandy, not stored in oak 
containers, bears any statement of storage in other type containers, the 
brandy must be accompanied by a certificate issued by a duly authorized 
official of the appropriate foreign government certifying to such 
storage. Cognac, imported in bottles, shall not be released from customs 
custody for consumption unless the invoice is accompanied by a 
certificate issued by a duly authorized official of the French 
Government, certifying that the product is grape brandy distilled in the 
Cognac region of France and entitled to be designated as ``Cognac'' by 
the laws and regulations of the French Government.
    (c) Tequila. (1) Tequila, imported in bottles, shall not be released 
from customs custody for consumption unless a certificate of a duly 
authorized official of the Mexican Government that the product is 
entitled to be designated as Tequila under the applicable laws and 
regulations of the Mexican Government is filed with the application for 
release.
    (2) If the label of any Tequila imported in bottles, contains any 
statement of age, the Tequila shall not be released from customs custody 
for consumption unless a certificate of a duly authorized official of 
the Mexican Government as to the age of the youngest Tequila in the 
bottle is filed with the application for release. The age certified 
shall be the period during which the Tequila has been stored in oak 
containers after distillation and before bottling.
    (d) Other whiskies. Whisky, as defined in Sec. 5.22(b) (1), (4), 
(5), and (6), imported in bottles, shall not be released from customs 
custody for consumption unless accompanied by a certificate issued by a 
duly authorized official of

[[Page 72]]

the appropriate foreign government certifying:
    (1) In the case of whisky, whether or not mixed or blended but 
containing no neutral spirits, (i) the class and type thereof, (ii) the 
American proof at which produced, (iii) that no neutral spirits (or 
other whisky in the case of straight whisky) has been added as a part 
thereof or included therein, whether or not for the purpose of replacing 
outage, (iv) the age of the whisky, and (v) the type of oak container in 
which such age was acquired (whether new or reused; also whether charred 
or uncharred);
    (2) In the case of whisky containing neutral spirits, (i) the class 
and type thereof, (ii) the percentage of straight whisky, if any, used 
in the blend, (iii) the American proof at which the straight whisky was 
produced, (iv) the percentage of other whisky, if any, in the blend, (v) 
the percentage of neutral spirits in the blend, and the name of the 
commodity from which distilled, (vi) the age of the straight whisky and 
the age of the other whisky in the blend, and (vii) the type of oak 
containers in which such age or ages were acquired (whether new or 
reused; also whether charred or uncharred).
    (e) Miscellaneous. Distilled spirits (other than Scotch, Irish, and 
Canadian whiskies, and Cognac) in bottles shall not be released from 
customs custody for consumption unless the invoice is accompanied by a 
certificate of origin issued by a duly authorized official of the 
appropriate foreign government, if the issuance of such certificates 
with respect to such distilled spirits has been authorized by the 
foreign government concerned, certifying as to the identity of the 
distilled spirits and that the distilled spirits have been manufactured 
in compliance with the laws of the respective foreign government 
regulating the manufacture of such distilled spirits for home 
consumption.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF-7, 38 FR 
33471, Dec. 5, 1973]



Sec. 5.53  Certificate of nonstandard fill.

    (a) Distilled spirits imported in original containers not conforming 
to the metric standards of fill prescribed in Sec. 5.47a shall not be 
released from Customs custody after December 31, 1979:
    (1) Unless the distilled spirits are accompanied by a statement 
signed by a duly authorized official of the appropriate foreign country, 
stating that the distilled spirits were bottled or packed prior to 
January 1, 1980; or
    (2) Unless the distilled spirits are being withdrawn from a Customs 
bonded warehouse or foreign trade zone into which entered on or before 
December 31, 1979.
    (b) Distilled spirits imported in 500 ml containers shall not be 
released from Customs custody after June 30, 1989:
    (1) Unless the distilled spirits are accompanied by a certificate 
issued by the government of the appropriate foreign country, stating 
that the distilled spirits were bottled or packed prior to July 1, 1989; 
or
    (2) Unless the distilled spirits are being withdrawn from a Customs 
bonded warehouse or foreign trade zone into which entered on or before 
June 30, 1989.

[T.D. ATF-25, 41 FR 10222, Mar. 10, 1976, as amended by T.D. ATF-228, 51 
FR 16170, May 1, 1986]



 Subpart G--Requirements for Approval of Labels of Domestically Bottled 
                            Distilled Spirits



Sec. 5.55  Certificates of label approval.

    (a) Requirement. Distilled spirits shall not be bottled or removed 
from a plant, except as provided in paragraph (b) of this section, 
unless the proprietor possesses a certificate of label approval, ATF 
Form 5100.31, covering the labels on the bottle, issued by the 
appropriate ATF officer pursuant to application on such form. 
Application for certificates of label approval covering labels for 
imported gin bearing the word ``distilled'' as a part of the designation 
shall be accompanied by a statement prepared by the manufacturer setting 
forth a step-by-step description of the manufacturing process.
    (b) Exemption. Any bottler of distilled spirits shall be exempt from 
the requirements in paragraph (a) of this section and Sec. 5.56 if the 
bottler possesses a

[[Page 73]]

certificate of exemption from label approval, ATF Form 5100.31, issued 
by the appropriate ATF officer pursuant to application on that Form 
showing that the distilled spirits to be bottled are not to be sold, 
offered for sale, or shipped or delivered for shipment, or otherwise 
introduced into interstate or foreign commerce.
    (c) Miscellaneous. Photoprints or other reproductions of 
certificates of label approval, or certificates of exemption are not 
acceptable as substitutes for an original or duplicate original (issued, 
on request, by the appropriate ATF officer) of a certificate. The 
original or duplicate original of such certificates shall, on demand, be 
exhibited to an authorized officer of the U.S. Government.
    (d) Cross reference. For procedures regarding the issuance, denial, 
and revocation of certificates of label approval and certificates of 
exemption from label approval, as well as appeal procedures, see part 13 
of this chapter.

[T.D. ATF-66, 45 FR 40550, June 13, 1980, as amended by T.D. ATF-94, 46 
FR 55097, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. 
ATF-406, 64 FR 2129, Jan. 13, 1999]



Sec. 5.56  Certificates of age and origin.

    Distilled spirits imported in bulk for bottling in the United States 
shall not be removed from the plant where bottled unless the bottler 
possesses certificates of age and certificates of origin applicable to 
such spirits which are similar to the certificates required by Sec. 5.52 
for like distilled spirits imported in bottles.



               Subpart H--Advertising of Distilled Spirits



Sec. 5.61  Application.

    No person engaged in business as a distiller, rectifier, importer, 
wholesaler, or warehouseman and bottler of distilled spirits, directly 
or indirectly or through an affiliate, shall publish or disseminate or 
cause to be published or disseminated by radio or television broadcast, 
or in any newspaper, periodical, or any publication, by any sign or 
outdoor advertisement, or any other printed or graphic matter, any 
advertisement of distilled spirits, if such advertising is in, or is 
calculated to induce sales in, interstate or foreign commerce, or is 
disseminated by mail, unless such advertisement is in conformity with 
Secs. 5.61 through 5.66 of this part. Provided, that such sections shall 
not apply to outdoor advertising in place on (effective date of this 
treasury decision), but shall apply upon replacement, restoration, or 
renovation of any such advertising; and provided further, that such 
sections shall not apply to a retailer or the publisher of any 
newspaper, periodical, or other publication, or radio or television 
broadcast, unless such retailer or publisher or radio or television 
broadcaster is engaged in business as a distiller, rectifier, importer, 
wholesaler, or warehouseman and bottler of distilled spirits, directly 
or indirectly, or through an affiliate.

[T.D. ATF-180, 49 FR 31673, Aug. 8, 1984]



Sec. 5.62  Definition.

    As used in Secs. 5.61 through 5.66 of this part, the term 
``advertisement'' includes any written or verbal statement, 
illlustration, or depiction which is in, or calculated to induce sales 
in, interstate or foreign commerce, or is disseminated by mail, whether 
it appears in a newspaper, magazine, trade booklet, menu, wine card, 
leaflet, circular, mailer, book insert, catalog, promotional material, 
sales pamphlet, or in any written, printed, graphic, or other matter 
accompanying the bottle, representations made on cases or in any 
billboard, sign, other outdoor display, public transit card, other 
periodical literature, publication, or in a radio or television 
broadcast, or in any other media; except that such term shall not 
include:
    (a) Any label affixed to any bottle of distilled spirits; or any 
individual covering, carton, or other container of the bottle which 
constitute a part of the labeling under Secs. 5.31 through 5.42 of this 
part.
    (b) Any editorial or other reading material (i.e., news release) in 
any periodical or publication or newspaper for the publication of which 
no money or valuable consideration is paid or promised, directly or 
indirectly, by any permittee, and which is not written by or at the 
direction of the permittee.

[T.D. ATF-180, 49 FR 31673, Aug. 8, 1984]

[[Page 74]]



Sec. 5.63  Mandatory statements.

    (a) Responsible advertiser. The advertisement shall state the name 
and address of the permittee responsible for its publication or 
broadcast. Street number and name may be omitted in the address.
    (b) Class and type. The advertisement shall contain a conspicuous 
statement of the class to which the product belongs and the type thereof 
corresponding with the statement of class and type which is required to 
appear on the label of the product.
    (c) Alcohol content--(1) Mandatory statement. The alcohol content 
for distilled spirits shall be stated in percent-alcohol-by-volume. 
Products such as ``Rock and Rye'' or similar products containing a 
significant amount of solid material shall state the alcohol content at 
the time of bottling as follows: ``Bottled at ------ percent-alcohol-by-
volume.''
    (2) Optional statement. In addition, the advertisement may also 
state the alcohol content in degrees of proof if this information 
appears in direct conjunction (i.e. with no intervening material) with 
the statement expressed in percent-alcohol-by-volume. If both forms of 
alcohol content are shown, the optional statement in degrees of proof 
shall be placed in parentheses, in brackets, or otherwise distinguished 
from the mandatory statement in percent-alcohol-by-volume to emphasize 
the fact that both expressions of alcohol content mean the same thing.
    (d) Percentage of neutral spirits and name of commodity. (1) In the 
case of distilled spirits (other than cordials, liqueurs, and 
specialties) produced by blending or rectification, if neutral spirits 
have been used in the production thereof, there shall be stated the 
percentage of neutral spirits so used and the name of the commodity from 
which such neutral spirits have been distilled. The statement of 
percentage and the name of the commodity shall be made in substantially 
the following form: ``----% neutral spirits distilled from -------- 
(insert grain, cane products, or fruit, as appropriate)''; or ----% 
neutral spirits (vodka) distilled from -------- (insert grain, cane 
product, or fruit, as appropriate)''; or ``----% grain (cane products), 
(fruit) neutral spirits''; or ``----% grain spirits''.
    (2) In the case of neutral spirits or of gin produced by a process 
of continuous distillation, there shall be stated the name of the 
commodity from which such neutral spirits or gin has been distilled. The 
statement of the name of the commodity shall be made in substantially 
the following form: ``Distilled from grain'', or ``Distilled from cane 
products'', or ``Distilled from fruit.''
    (e) Exception. (1) If an advertisement refers to a general distilled 
spirits line or all of the distilled spirits products of one company, 
whether by the company name or by the brand name common to all the 
distilled spirits in the line, the only mandatory information necessary 
is the name and address of the responsible advertiser. This exception 
does not apply where only one type of distilled spirits is marketed 
under the specific brand name advertised.
    (2) On consumer specialty items, the only information necessary is 
the company name or brand name of the product.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF-180, 49 
FR 31674, Aug. 8, 1984; T.D. ATF-237, 51 FR 36394, Oct. 10, 1986]



Sec. 5.64  Legibility of mandatory information.

    (a) Statements required under Secs. 5.61 through 5.66 of this part 
to appear in any written, printed, or graphic advertisement shall be in 
lettering or type size sufficient to be conspicuous and readily legible.
    (b) In the case of signs, billboards, and displays the name and 
address of the permittee responsible for the advertisement may appear in 
type size of lettering smaller than the other mandatory information, 
provided such information can be ascertained upon closer examination of 
the sign or billboard.
    (c) Mandatory information shall be so stated as to be clearly a part 
of the advertisement and shall not be separated in any manner from the 
remainder of the advertisement.
    (d) Manadatory information for two or more products shall not be 
stated unless clearly separated.

[[Page 75]]

    (e) Mandatory information shall be so stated in both the print and 
audio-visual media that it will be readily apparent to the persons 
viewing the advertisement.

[T.D. ATF-180, 49 FR 31674, Aug. 8, 1984]



Sec. 5.65  Prohibited practices.

    (a) Restrictions. An advertisement of distilled spirits shall not 
contain:
    (1) Any statement that is false or untrue in any material 
particular, or that, irrespective of falsity, directly, or by ambiguity, 
omission, or inference, or by the addition of irrelevant, scientific or 
technical matter tends to create a misleading impression.
    (2) Any statement that is disparaging of a competitor's product.
    (3) Any statement, design, device, or representation which is 
obscene or indecent.
    (4) Any statement, design, device, or representation of or relating 
to analyses, standards or tests, irrespective of falsity, which the 
appropriate ATF officer finds to be likely to mislead the consumer.
    (5) Any statement, design, device, or representation of or relating 
to any guarantee, irrespective of falsity, which the appropriate ATF 
officer finds to be likely to mislead the consumer. Money-back 
guarantees are not prohibited.
    (6) Any statement that the distilled spirits are distilled, blended, 
made, bottled, or sold under or in accordance with any municipal, State, 
Federal, or foreign authorization, law, or regulation, unless such 
statement appears in the manner authorized by Sec. 5.42 for labels of 
distilled spirits. If a municipal, State or Federal permit number is 
stated, such permit number shall not be accompanied by any additional 
statement relating thereto.
    (7) The words ``bond'', ``bonded'', ``bottled in bond'', ``aged in 
bond'', or phrases containing these or synonymous terms, unless such 
words or phrases appear, pursuant to Sec. 5.42, on labels of the 
distilled spirits advertised, and are stated in the advertisement in the 
manner and form in which they are permitted to appear on the label.
    (8) The word ``pure'' unless:
    (i) It refers to a particular ingredient used in the production of 
the distilled spirits, and is a truthful representation about the 
ingredient; or
    (ii) It is part of the bona fide name of a permittee or retailer 
from whom the distilled spirits are bottled; or
    (iii) It is part of the bona fide name of the permittee who bottled 
the distilled spirits.
    (9) The words ``double distilled'' or ``triple distilled'' or any 
similar terms unless it is a truthful statement of fact; except that 
``double distilled'' or ``triple distilled'' shall not be permitted in 
advertisements of distilled spirits produced by the redistillation 
method when a second or third distillation step is a necessary 
distillation process for the production of the product.
    (b) Statements inconsistent with labeling. (1) Advertisements shall 
not contain any statement concerning a brand or lot of distilled spirits 
that is inconsistent with any statement on the labeling thereof.
    (2) Any label depicted on a bottle in an advertisement shall be a 
reproduction of an approved label.
    (c) Statement of age. The advertisement shall not contain any 
statement, design, or device directly or by implication concerning age 
or maturity of any brand or lot of distilled spirits unless a statement 
of age appears on the label of the advertised product. When any such 
statement, design, or device concerning age or maturity is contained in 
any advertisement, it shall include (in direct conjunction therewith and 
with substantially equal conspicuousness) all parts of the statement, if 
any, concerning age and percentages required to be made on the label 
under the provisions of Secs. 5.31 through 5.42. An advertisement for 
any whisky or brandy (except immature brandies) which is not required to 
bear a statement of age on the label or an advertisement for any rum or 
Tequila, which has been aged for not less than 4 years may, however, 
contain inconspicuous, general representation as to age, maturity or 
other similar representations even though a specific age statement does 
not appear on the label of the advertised product and in the 
advertisement itself.

[[Page 76]]

    (d) Curative and therapeutic claims. Advertisements shall not 
contain any statement, design, representation, pictorial representation, 
or device representing that the use of distilled spirits has curative or 
therapeutic effects if such statement is untrue in any particular or 
tends to create a misleading impression.
    (e) Place of origin. The advertisement shall not represent that the 
distilled spirits were manufactured in or imported from a place or 
country other than that of their actual origin, or were produced or 
processed by one who was not in fact the actual producer or processor.
    (f) Confusion of brands. Two or more different brands or lots of 
distilled spirits shall not be advertised in one advertisement (or in 
two or more advertisements in one issue of a periodical or newspaper, or 
in one piece of other written, printed, or graphic matter) if the 
advertisement tends to create the impression that representations made 
as to one brand or lot apply to the other or others, and if as to such 
latter the representations contravene any provisions of this subpart or 
are in any respect untrue.
    (g) Flags, seals, coats of arms, crests, and other insignia. An 
advertisement shall not contain any statement, design, device, or 
pictorial representation which the appropriate ATF officer finds relates 
to, or is capable of being construed as relating to the armed forces of 
the United States, or the American flag, or any emblem, seal, insignia, 
or decoration associated with such flag or armed forces; nor shall any 
advertisement contain any statement, design, device, or pictorial 
representation of or concerning any flag, seal, coat of arms, crest, or 
other insignia, likely to mislead the consumer to believe that the 
product has been endorsed, made, or used by, or produced for, or under 
the supervision of, or in accordance with the specifications of the 
government, organization, family, or individual with whom such flag, 
seal, coat of arms, crest, or insignia is associated.
    (h) Deceptive advertising techniques. Subliminal or similar 
techniques are prohibited. ``Subliminal or similar techniques,'' as used 
in this part, refers to any device or technique that is used to convey, 
or attempts to convey, a message to a person by means of images or 
sounds of a very brief nature that cannot be perceived at a normal level 
of awareness.

[T.D. 7020, 34 FR 20337, Dec. 30, 1969, as amended by T.D. ATF-180, 49 
FR 31674, Aug. 8, 1984]

    Effective Date Note: By T.D. TTB-1, 68 FR 10105, Mar. 3, 2003, 
Sec. 5.65 was amended by revising paragraph (d), effective June 2, 2003. 
For the convenience of the user, the revised text is set forth as 
follows:

Sec. 5.65  Prohibited practices.

                                * * * * *

    (d) Health-related statements--(1) Definitions. When used in this 
paragraph (d), terms are defined as follows:
    (i) Health-related statement means any statement related to health 
and includes statements of a curative or therapeutic nature that, 
expressly or by implication, suggest a relationship between the 
consumption of alcohol, distilled spirits, or any substance found within 
the distilled spirits, and health benefits or effects on health. The 
term includes both specific health claims and general references to 
alleged health benefits or effects on health associated with the 
consumption of alcohol, distilled spirits, or any substance found within 
the distilled spirits, as well as health-related directional statements. 
The term also includes statements and claims that imply that a physical 
or psychological sensation results from consuming the distilled spirits, 
as well as statements and claims of nutritional value (e.g., statements 
of vitamin content). Statements concerning caloric, carbohydrate, 
protein, and fat content do not constitute nutritional claims about the 
product.
    (ii) Specific health claim is a type of health-related statement 
that, expressly or by implication, characterizes the relationship of the 
distilled spirits, alcohol, or any substance found within the distilled 
spirits, to a disease or health-related condition. Implied specific 
health claims include statements, symbols, vignettes, or other forms of 
communication that suggest, within the context in which they are 
presented, that a relationship exists between distilled spirits, 
alcohol, or any substance found within the distilled spirits, and a 
disease or health-related condition.
    (iii) Health-related directional statement is a type of health-
related statement that directs or refers consumers to a third party or 
other source for information regarding the effects on health of 
distilled spirits or alcohol consumption.

[[Page 77]]

    (2) Rules for advertising--(i) Health-related statements. In 
general, advertisements may not contain any health-related statement 
that is untrue in any particular or tends to create a misleading 
impression as to the effects on health of alcohol consumption. TTB will 
evaluate such statements on a case-by-case basis and may require as part 
of the health-related statement a disclaimer or some other qualifying 
statement to dispel any misleading impression conveyed by the health-
related statement. Such disclaimer or other qualifying statement must 
appear as prominent as the health-related statement.
    (ii) Specific health claims. A specific health claim will not be 
considered misleading if it is truthful and adequately substantiated by 
scientific or medical evidence; sufficiently detailed and qualified with 
respect to the categories of individuals to whom the claim applies; 
adequately discloses the health risks associated with both moderate and 
heavier levels of alcohol consumption; and outlines the categories of 
individuals for whom any levels of alcohol consumption may cause health 
risks. This information must appear as part of the specific health claim 
and in a manner as prominent as the specific health claim.
    (iii) Health-related directional statements. A statement that 
directs consumers to a third party or other source for information 
regarding the effects on health of distilled spirits or alcohol 
consumption is presumed misleading unless it--
    (A) Directs consumers in a neutral or other non-misleading manner to 
a third party or other source for balanced information regarding the 
effects on health of distilled spirits or alcohol consumption; and
    (B)(1) Includes as part of the health-related directional statement, 
and in a manner as prominent as the health-related directional 
statement, the following disclaimer: ``This statement should not 
encourage you to drink or increase your alcohol consumption for health 
reasons;'' or
    (2) Includes as part of the health-related directional statement, 
and in a manner as prominent as the health-related directional 
statement, some other qualifying statement that the appropriate TTB 
officer finds is sufficient to dispel any misleading impression conveyed 
by the health-related directional statement.

                                * * * * *



Sec. 5.66  Comparative advertising.

    (a) General. Comparative advertising shall not be disparaging of a 
competitor's product.
    (b) Taste tests. (1) Taste test results may be used in 
advertisements comparing competitors' products unless they are 
disparaging, deceptive, or likely to mislead the consumer.
    (2) The taste test procedure used shall meet scientifically accepted 
procedures. An example of a scientifically accepted procedure is 
outlined in the Manual on Sensory Testing Methods, ASTM Special 
Technical Publication 434, published by the American Society for Testing 
and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103, ASTM, 
1968, Library of Congress Catalog Card Number 68-15545.
    (3) A statement shall appear in the advertisement providing the name 
and address of the testing administrator.

[T.D. ATF-180, 49 FR 31674, Aug. 8, 1984]



                 Subpart I--Use of the Term ``Organic.''



Sec. 5.71  Use of the term ``organic.''

    (a) Use of the term ``organic'' is optional and is treated as 
``additional information on labels'' under Sec. 5.33(f).
    (b) Any use of the term ``organic'' on a distilled spirits label or 
in advertising of distilled spirits must comply with the United States 
Department of Agriculture's (USDA) National Organic Program rules, 7 CFR 
part 205, as interpreted by the USDA.
    (c) This section applies to labels and advertising that use the term 
``organic'' on and after October 21, 2002.

[T.D. ATF-483, 67 FR 62858, Oct. 8, 2002]



PART 6--``TIED-HOUSE''--Table of Contents




                     Subpart A--Scope of Regulations

Sec.
6.1  General.
6.2  Territorial extent.
6.3  Application.
6.4  Jurisdictional limits.
6.5  Delegations of the Director.
6.6  Administrative provisions.

                         Subpart B--Definitions

6.11  Meaning of terms.

                     Subpart C--Unlawful Inducements

                                 General

6.21  Application.

                       Interest in Retail License

6.25  General.

[[Page 78]]

6.26  Indirect interest.
6.27  Proprietary interest.

                       Interest in Retail Property

6.31  General.
6.32  Indirect interest.
6.33  Proprietary interest.
6.34  Mortgages.
6.35  Renting display space.

                       Furnishing Things of Value

6.41  General.
6.42  Indirect inducement through third party arrangements.
6.43  Sale of equipment.
6.44  Free warehousing.
6.45  Assistance in acquiring license.
6.46-6.47  [Reserved]

         Paying for Advertising, Display or Distribution Service

6.51  General.
6.52  Cooperative advertising.
6.53  Advertising in ballparks, racetracks, and stadiums.
6.54  Advertising in retailer publications.
6.55  Display service.
6.56  Renting display space.

                           Guaranteeing Loans

6.61  Guaranteeing loans.

                           Extension of Credit

6.65  General.
6.66  Calculation of period.
6.67  Sales to retailer whose account is in arrears.

                               Quota Sales

6.71  Quota sales.
6.72  ``Tie-in'' sales.

                          Subpart D--Exceptions

6.81  General.
6.82  [Reserved]
6.83  Product displays.
6.84  Point of sale advertising materials and consumer advertising 
          specialties.
6.85  Temporary retailers.
6.86-6.87  [Reserved]
6.88  Equipment and supplies.
6.89-6.90  [Reserved]
6.91  Samples.
6.92  Newspaper cuts.
6.93  Combination packaging.
6.94  Educational seminars.
6.95  Consumer tasting or sampling at retail establishments.
6.96  Consumer promotions.
6.97  [Reserved]
6.98  Advertising service.
6.99  Stocking, rotation, and pricing service.
6.100  Participation in retailer association activities.
6.101  Merchandise.
6.102  Outside signs.

                          Subpart E--Exclusion

6.151  Exclusion, in general.
6.152  Practices which put retailer independence at risk.
6.153  Criteria for determining retailer independence.

    Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C. 
3504(h).

    Source: T.D. ATF-74, 45 FR 63251, Sept. 23, 1980, unless otherwise 
noted.



                     Subpart A--Scope of Regulations



Sec. 6.1  General.

    The regulations in this part, issued pursuant to section 105 of the 
Federal Alcohol Administration Act (27 U.S.C. 205), specify practices 
that are means to induce under section 105(b) of the Act, criteria for 
determining whether a practice is a violation of section 105(b) of the 
Act, and exceptions to section 105(b) of the Act. This part does not 
attempt to enumerate all of the practices that may result in a violation 
of section 105(b) of the Act. Nothing in this part shall operate to 
exempt any person from the requirements of any State law or regulation.

[T.D. ATF-364, 60 FR 20421, Apr. 26, 1995]



Sec. 6.2  Territorial extent.

    This part applies to the several States of the United States, the 
District of Columbia, and Puerto Rico.



Sec. 6.3  Application.

    (a) General. This part applies only to transactions between industry 
members and retailers. It does not apply to transactions between two 
industry members (for example, between a producer and a wholesaler), or 
to transactions between an industry member and a retailer wholly owned 
by that industry member.
    (b) Transaction involving State agencies. The regulations in this 
part apply only to transactions between industry members and State 
agencies operating as retailers as defined in this part. The regulations 
do not apply to State agencies with regard to their wholesale dealings 
with retailers.

[[Page 79]]



Sec. 6.4  Jurisdictional limits.

    (a) General. The regulations in this part apply where:
    (1) The industry member induces a retailer to purchase distilled 
spirits, wine, or malt beverages from such industry member to the 
exclusion in whole or in part of products sold or offered for sale by 
other persons in interstate or foreign commerce; and
    (2) If: (i) The inducement is made in the course of interstate or 
foreign commerce; or
    (ii) The industry member engages in the practice of using an 
inducement to such an extent as substantially to restrain or prevent 
transactions in interstate or foreign commerce in any such products; or
    (iii) The direct effect of the inducement is to prevent, deter, 
hinder or restrict other persons from selling or offering for sale any 
such products to such retailer in interstate or foreign commerce.
    (b) Malt beverages. In the case of malt beverages, this part applies 
to transactions between a retailer in any State and a brewer, importer, 
or wholesaler of malt beverages inside or outside such State only to the 
extent that the law of such State imposes requirements similar to the 
requirements of section 105(b) of the Federal Alcohol Administration Act 
(27 U.S.C. 205(b)), with respect to similar transactions between a 
retailer in such State and a brewer, importer, or wholesaler or malt 
beverage in such State, as the case may be.

[T.D. ATF-74, 45 FR 63251, Sept. 23, 1980, as amended by T.D. ATF-364, 
60 FR 20421, Apr. 26, 1995]



Sec. 6.5  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in this 
part 6 are delegated to appropriate ATF officers. These ATF officers are 
specified in ATF Order 1130.7, Delegation Order--Delegation of the 
Director's Authorities in 27 CFR Parts 6, 8, 10 and 11. ATF delegation 
orders, such as ATF Order 1130.7, are available to any interested person 
by mailing a request to the ATF Distribution Center, P.O. Box 5950, 
Springfield, Virginia 22150-5190, or by accessing the ATF web site 
(http://www.atf.treas.gov/).

[T.D. ATF-428, 65 FR 52019, Aug. 28, 2000]



Sec. 6.6  Administrative provisions.

    (a) General. The Act makes applicable the provisions including 
penalties of sections 49 and 50 of Title 15, United States Code, to the 
jurisdiction, powers and duties of the Director under this Act, and to 
any person (whether or not a corporation) subject to the provisions of 
law administered by the Director under this Act. The Act also provides 
that the Director is authorized to require, in such manner and such form 
as he or she shall prescribe, such reports as are necessary to carry out 
the powers and duties under this chapter.
    (b) Examination and subpoena. Any appropriate ATF officer shall at 
all reasonable times have access to, for the purpose of examination, and 
the right to copy any documentary evidence of any person, partnership, 
or corporation being investigated or proceeded against. An appropriate 
ATF officer shall also have the power to require by subpoena the 
attendance and testimony of witnesses and the production of all such 
documentary evidence relating to any matter under investigation, upon a 
satisfactory showing the requested evidence may reasonably be expected 
to yield information relevant to any matter being investigated under the 
Act.
    (c) Reports required by the appropriate ATF officer--(1) General. 
The appropriate ATF officer may, as part of a trade practice 
investigation of an industry member, require such industry member to 
submit a written report containing information on sponsorships, 
advertisements, promotions, and other activities pertaining to its 
business subject to the Act conducted by, or on behalf of, or benefiting 
the industry member.
    (2) Preparation. The report will be prepared by the industry member 
in letter form, executed under the penalties of perjury, and will 
contain the information specified by the appropriate ATF officer. The 
period covered by the report will not exceed three years.

[[Page 80]]

    (3) Filing. The report will be filed in accordance with the 
instructions of the appropriate ATF officer.

(Approved by the Office of Management and Budget under control number 
1512-0392)

[T.D. ATF-364, 60 FR 20421, Apr. 26, 1995. Redesignated and amended by 
T.D. ATF-428, 65 FR 52019, Aug. 28, 2000]



                         Subpart B--Definitions



Sec. 6.11  Meaning of terms.

    As used in this part, unless the context otherwise requires, terms 
have the meanings given in this section. Any other term defined in the 
Federal Alcohol Administration Act and used in this part shall have the 
meaning assigned to it by that Act.
    Act. The Federal Alcohol Administration Act.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of this part by ATF Order 
1130.7, Delegation Order--Delegation of the Director's Authorities in 27 
CFR Parts 6, 8, 10 and 11.
    Brand. For purposes of administering this part, the term ``brand'' 
refers to differences in the brand name of a product or in the nature of 
a product. Examples of different brands are products having a different 
brand name or class, type, or kind designation; appellation of origin 
(wine); vintage date (wine); age (distilled spirits); or percentage of 
alcohol. Differences in packaging such as difference in label design or 
color, or a different style, type or size of container are not 
considered different brands.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Equipment. All functional items such as tap boxes, glassware, 
pouring racks, and similar items used in the conduct of a retailer's 
business.
    Industry member. Any person engaged in business as a distiller, 
brewer, rectifier, blender, or other producer, or as an importer or 
wholesaler, of distilled spirits, wine or malt beverages, or as a 
bottler, or warehousemen and bottler, of distilled spirits; industry 
member does not include an agency of a State or political subdivision 
thereof, or an officer or employee of such agency.
    Product. Distilled spirits, wine or malt beverages, as defined in 
the Federal Alcohol Administration Act.
    Retail establishment. Any premises where distilled spirits, wine or 
malt beverages are sold or offered for sale to consumers, whether for 
consumption on or off the premises where sold.
    Retailer. Any person engaged in the sale of distilled spirits, wine 
or malt beverages to consumers. A wholesaler who makes incidental retail 
sales representing less than five percent of the wholesaler's total 
sales volume for the preceding two-month period shall not be considered 
a retailer with respect to such incidental sales.

[T.D. ATF-74, 45 FR 63251, Sept. 23, 1980, as amended by T.D. ATF-364, 
60 FR 20421, Apr. 26, 1995; T.D. ATF-428, 65 FR 52020, Aug. 28, 2000]



                     Subpart C--Unlawful Inducements

                                 General



Sec. 6.21  Application.

    Except as provided in subpart D, it is unlawful for any industry 
member to induce, directly or indirectly, any retailer to purchase any 
products from the industry member to the exclusion, in whole or in part, 
of such products sold or offered for sale by other persons in interstate 
or foreign commerce by any of the following means:
    (a) By acquiring or holding (after the expiration of any license 
held at the time the FAA Act was enacted) any interest in any license 
with respect to the premises of the retailer;
    (b) By acquiring any interest in the real or personal property 
owned, occupied, or used by the retailer in the conduct of his business;
    (c) By furnishing, giving, renting, lending, or selling to the 
retailer, any equipment, fixtures, signs, supplies, money, services or 
other thing of value, subject to the exceptions contained in subpart D;
    (d) By paying or crediting the retailer for any advertising, 
display, or distribution service;

[[Page 81]]

    (e) By guaranteeing any loan or the repayment of any financial 
obligation of the retailer;
    (f) By extending to the retailer credit for a period in excess of 
the credit period usual and customary to the industry for the particular 
class of transactions as prescribed in Sec. 6.65; or
    (g) By requiring the retailer to take and dispose of a certain quota 
of any such products.

                       Interest in Retail License



Sec. 6.25  General.

    The act by an industry member of acquiring or holding any interest 
in any license (State, county or municipal) with respect to the premises 
of a retailer constitutes a means to induce within the meaning of the 
Act.

[T.D. ATF-364, 60 FR 20421, Apr. 26, 1995]



Sec. 6.26  Indirect interest.

    Industry member interest in retail licenses includes any interest 
acquired by corporate officials, partners, employees or other 
representatives of the industry member. Any interest in a retail license 
acquired by a separate corporation in which the industry member or its 
officials, hold ownership or are otherwise affiliated, is an interest in 
a retail license.



Sec. 6.27  Proprietary interest.

    (a) Complete ownership. Outright ownership of a retail business by 
an industry member is not an interest which may result in a violation of 
section 105(b)(1) of the Act.
    (b) Partial ownership. Less than complete ownership of a retail 
business by an industry member constitutes an interest in a retail 
license within the meaning of the Act.

[T.D. ATF-74, 45 FR 63251, Sept. 23, 1980, as amended by T.D. ATF-364, 
60 FR 20421, Apr. 26, 1995]

                       Interest in Retail Property



Sec. 6.31  General.

    The act by an industry member of acquiring an interest in real or 
personal property owned, occupied, or used by the retailer in the 
conduct of business constitutes a means to induce within the meaning of 
the Act.

[T.D. ATF-364, 60 FR 20421, Apr. 26, 1995]



Sec. 6.32  Indirect interest.

    Industry member interest in retail property includes any interest 
acquired by corporate officials, partners, employees or other 
representatives of the industry member. Any interest in retail property 
acquired by a separate corporation in which the industry member or its 
officials, hold ownership or are otherwise affiliated, is an interest in 
retail property.



Sec. 6.33  Proprietary interest.

    (a) Complete ownership. Outright ownership of a retail business by 
an industry member is not an interest that may result in a violation of 
section 105(b)(2) of the Act.
    (b) Partial ownership. Less than complete ownership of a retail 
business by an industry member constitutes an interest in retail 
property within the meaning of the Act.

[ T.D. ATF-74, 45 FR 63251, Sept. 23, 1980, as amended by T.D. ATF-364, 
60 FR 20421, Apr. 26, 1995]



Sec. 6.34  Mortgages.

    The acquisition of a mortgage on a retailer's real or personal 
property by an industry member constitutes an interest in the retailer's 
property within the meaning of the Act.



Sec. 6.35  Renting display space.

    The renting of display space by an industry member at a retail 
establishment constitutes an interest in the retailer's property within 
the meaning of the Act.

                       Furnishing Things of Value



Sec. 6.41  General.

    Subject to the exceptions listed in subpart D, the act by an 
industry member of furnishing, giving, renting, lending, or selling any 
equipment, fixtures, signs, supplies, money, services, or other things 
of value to a retailer constitutes a means to induce within the meaning 
of the Act.

[T.D. ATF-364, 60 FR 20421, Apr. 26, 1995]

[[Page 82]]



Sec. 6.42  Indirect inducement through third party arrangements.

    (a) General. The furnishing, giving, renting, lending, or selling of 
equipment, fixtures, signs, supplies, money, services, or other thing of 
value by an industry member to a third party, where the benefits 
resulting from such things of value flow to individual retailers, is the 
indirect furnishing of a thing of value within the meaning of the Act. 
Indirect furnishing of a thing of value includes, but is not limited to, 
making payments for advertising to a retailer association or a display 
company where the resulting benefits flow to individual retailers.
    (b) Exceptions. An indirect inducement will not arise where the 
thing of value was furnished to a retailer by the third party without 
the knowledge or intent of the industry member, or the industry member 
did not reasonably foresee that the thing of value would have been 
furnished to a retailer. Things which may lawfully be furnished, given, 
rented, lent, or sold by industry members to retailers under subpart D 
may also be furnished directly by a third party to a retailer.

[T.D. ATF-364, 60 FR 20421, Apr. 26, 1995]



Sec. 6.43  Sale of equipment.

    A transaction in which equipment is sold to a retailer by an 
industry member, except as provided in Sec. 6.88, is the selling of 
equipment in within the meaning of the Act regardless of how sold. 
Further, the negotiation by an industry member of a special price to a 
retailer for equipment from an equipment company is the furnishing of a 
thing of value within the meaning of the Act.

[T.D. ATF-74, 45 FR 63251, Sept. 23, 1980, as amended by T.D. ATF-364, 
60 FR 20422, Apr. 26, 1995]



Sec. 6.44  Free warehousing.

    The furnishing of free warehousing by delaying delivery of distilled 
spirits, wine, or malt beverages beyond the time that payment for the 
product is received, or if a retailer is purchasing on credit, delaying 
final delivery of products beyond the close of the period of time for 
which credit is lawfully extended, is the furnishing of a service or 
thing of value within the meaning of the Act.



Sec. 6.45  Assistance in acquiring license.

    Any assistance (financial, legal, administrative or influential) 
given the retailer by an industry member in the retailer's acquisition 
of the retailer's license is the furnishing of a service or thing of 
value within the meaning of the Act.



Sec. 6.46-6.47  [Reserved]

         Paying for Advertising, Display or Distribution Service



Sec. 6.51  General.

    The act by an industry member of paying or crediting a retailer for 
any advertising, display, or distribution service constitutes a means to 
induce within the meaning of the Act, whether or not the advertising, 
display, or distribution service received by the industry member in 
these instances is commensurate with the amount paid therefor. This 
includes payments or credits to retailers that are merely 
reimbursements, in full or in part, for such services purchased by a 
retailer from a third party.

[T.D. ATF-364, 60 FR 20422, Apr. 26, 1995]



Sec. 6.52  Cooperative advertising.

    An arrangement in which an industry member participates with a 
retailer in paying for an advertisement placed by the retailer 
constitutes paying the retailer for advertising within the meaning of 
the Act.



Sec. 6.53  Advertising in ballparks, racetracks, and stadiums.

    The purchase, by an industry member, of advertising on signs, 
scoreboards, programs, scorecards, and the like at ballparks, racetracks 
or stadiums, from the retail concessionaire constitutes paying the 
retailer for an advertising service within the meaning of the Act.



Sec. 6.54  Advertising in retailer publications.

    The purchase, by an industry member, of advertising in a retailer 
publication for distribution to consumers or the general public 
constitutes paying

[[Page 83]]

the retailer for advertising within the meaning of the Act.



Sec. 6.55  Display service.

    Industry member reimbursements to retailers for setting up product 
or other displays constitutes paying the retailer for rendering a 
display service within the meaning of the Act.



Sec. 6.56  Renting display space.

    A promotion whereby an industry member rents display space at a 
retail establishment constitutes paying the retailer for rendering a 
display service within the meaning of the Act.

                           Guaranteeing Loans



Sec. 6.61  Guaranteeing loans.

    The act by an industry member of guaranteeing any loan or the 
repayment of any financial obligation of a retailer constitutes a means 
to induce within the meaning of the Act.

[T.D. ATF-364, 60 FR 20422, Apr. 26, 1995]

                           Extension of Credit



Sec. 6.65  General.

    Extension of credit by an industry member to a retailer for a period 
of time in excess of 30 days from the date of delivery constitutes a 
means to induce within the meaning of the Act.

[T.D. ATF-364, 60 FR 20422, Apr. 26, 1995]



Sec. 6.66  Calculation of period.

    For the purpose of this part, the period of credit is calculated as 
the time elapsing between the date of delivery of the product and the 
date of full legal discharge of the retailer, through the payment of 
cash or its equivalent, from all indebtedness arising from the 
transaction.



Sec. 6.67  Sales to retailer whose account is in arrears.

    An extension of credit (for product purchases) by an industry member 
to a retailer whose account is in arrears does not constitute a means to 
induce within the meaning of the Act so long as such retailer pays in 
advance or on delivery an amount equal to or greater than the value of 
each order, regardless of the manner in which the industry member 
applies the payment in its records.

[T.D. ATF-364, 60 FR 20422, Apr. 26, 1995]

                               Quota Sales



Sec. 6.71  Quota sales.

    The act by an industry member of requiring a retailer to take and 
dispose of any quota of distilled spirits, wine, or malt beverages 
constitutes a means to induce within the meaning of the Act.

[T.D. ATF-364, 60 FR 20422, Apr. 26, 1995]



Sec. 6.72  ``Tie-in'' sales.

    The act by an industry member of requiring that a retailer purchase 
one product (as defined in Sec. 6.11) in order to obtain another 
constitutes a means to induce within the meaning of the Act. This 
includes the requirement to take a minimum quantity of a product in 
standard packaging in order to obtain the same product in some type of 
premium package, i.e., a distinctive decanter, or wooden or tin box. 
This also includes combination sales if one or more products may be 
purchased only in combination with other products and not individually. 
However, an industry member is not precluded from selling two or more 
kinds or brands of products to a retailer at a special combination 
price, provided the retailer has the option of purchasing either product 
at the usual price, and the retailer is not required to purchase any 
product it does not want. See Sec. 6.93 for combination packaging of 
products plus non-alcoholic items.

[T.D. ATF-364, 60 FR 20422, Apr. 26, 1995]



                          Subpart D--Exceptions



Sec. 6.81  General.

    (a) Application. Section 105(b)(3) of the Act enumerates means to 
induce that may be unlawful under the subsection, subject to such 
exceptions as are prescribed in regulations, having due regard for 
public health, the quantity and value of articles involved, established 
trade customs not contrary to the public interest, and the purposes of 
that section. This subpart implements section 105(b)(3) of the Act and

[[Page 84]]

identifies the practices that are exceptions to section 105(b)(3) of the 
Act. An industry member may furnish a retailer equipment, inside signs, 
supplies, services, or other things of value, under the conditions and 
within the limitations prescribed in this subpart.
    (b) Recordkeeping Requirements. (1) Industry members shall keep and 
maintain records on the permit or brewery premises, for a three year 
period, of all items furnished to retailers under Secs. 6.83, 6.88, 
6.91, 6.96(a), and 6.100 and the commercial records required under 
Sec. 6.101. Commercial records or invoices may be used to satisfy this 
recordkeeping requirement if all required information is shown. These 
records shall show:
    (i) The name and address of the retailer receiving the item;
    (ii) The date furnished;
    (iii) The item furnished;
    (iv) The industry member's cost of the item furnished (determined by 
the manufacturer's invoice price); and
    (v) Charges to the retailer for any item.
    (2) Although no separate recordkeeping violation results, an 
industry member who fails to keep such records is not eligible for the 
exception claimed.

(Approved by the Office of Management and Budget under control number 
1512-0392)

[T.D. ATF-364, 60 FR 20422, Apr. 26, 1995]



Sec. 6.82  [Reserved]



Sec. 6.83  Product displays.

    (a) General. The act by an industry member of giving or selling 
product displays to a retailer does not constitute a means to induce 
within the meaning of section 105(b)(3) of the Act provided that the 
conditions prescribed in paragraph (c) of this section are met.
    (b) Definition. ``Product display'' means any wine racks, bins, 
barrels, casks, shelving, or similar items the primary function of which 
is to hold and display consumer products.
    (c) Conditions and limitations. (1) The total value of all product 
displays given or sold by an industry member under paragraph (a) of this 
section may not exceed $300 per brand at any one time in any one retail 
establishment. Industry members may not pool or combine dollar 
limitations in order to provide a retailer a product display valued in 
excess of $300 per brand. The value of a product display is the actual 
cost to the industry member who initially purchased it. Transportation 
and installation costs are excluded.
    (2) All product displays must bear conspicuous and substantial 
advertising matter on the product or the industry member which is 
permanently inscribed or securely affixed. The name and address of the 
retailer may appear on the product displays.
    (3) The giving or selling of such product displays may be 
conditioned upon the purchase of the distilled spirits, wine, or malt 
beverages advertised on those displays in a quantity necessary for the 
initial completion of such display. No other condition can be imposed by 
the industry member on the retailer in order for the retailer to receive 
or obtain the product display.

[T.D. ATF-364, 60 FR 20422, Apr. 26, 1995]



Sec. 6.84  Point of sale advertising materials and consumer advertising specialties.

    (a) General. The act by an industry member of giving or selling 
point of sale advertising materials and consumer advertising specialties 
to a retailer does not constitute a means to induce within the meaning 
of section 105(b)(3) of the Act provided that the conditions prescribed 
in paragraph (c) of this section are met.
    (b) Definitions--(1) Point of sale advertising materials are items 
designed to be used within a retail establishment to attract consumer 
attention to the products of the industry member. Such materials 
include, but are not limited to: posters, placards, designs, inside 
signs (electric, mechanical or otherwise), window decorations, trays, 
coasters, mats, menu cards, meal checks, paper napkins, foam scrapers, 
back bar mats, thermometers, clocks, calendars, and alcoholic beverage 
lists or menus.
    (2) Consumer advertising specialties are items that are designed to 
be carried away by the consumer, such as trading stamps, nonalcoholic 
mixers, pouring racks, ash trays, bottle or can openers, cork screws, 
shopping bags, matches,

[[Page 85]]

printed recipes, pamphlets, cards, leaflets, blotters, post cards, 
pencils, shirts, caps, and visors.
    (c) Conditions and limitations. (1) All point of sale advertising 
materials and consumer advertising specialties must bear conspicuous and 
substantial advertising matter about the product or the industry member 
which is permanently inscribed or securely affixed. The name and address 
of the retailer may appear on the point of sale advertising materials.
    (2) The industry member may not directly or indirectly pay or credit 
the retailer for using or distributing these materials or for any 
expense incidental to their use.

[T.D. ATF-364, 60 FR 20423, Apr. 26, 1995]



Sec. 6.85  Temporary retailers.

    (a) General. The furnishing of things of value to a temporary 
retailer does not constitute a means to induce within the meaning of 
section 105(b)(3) of the Act.
    (b) Definition. For purposes of administering this part, a temporary 
retailer is a dealer who is not engaged in business as a retailer for 
more than four consecutive days per event, and for not more than five 
events in a calendar year.

[T.D. ATF-364, 60 FR 20423, Apr. 26, 1995]



Secs. 6.86-6.87  [Reserved]



Sec. 6.88  Equipment and supplies.

    (a) General. The act by an industry member of selling equipment or 
supplies to a retailer does not constitute a means to induce within the 
meaning of section 105(b)(3) of the Act if the equipment or supplies are 
sold at a price not less than the cost to the industry member who 
initially purchased them, and if the price is collected within 30 days 
of the date of the sale. The act by an industry member of installing 
dispensing accessories at the retailer's establishment does not 
constitute a means to induce within the meaning of the Act as long as 
the retailer bears the cost of initial installation. The act by an 
industry member of furnishing, giving, or selling coil cleaning service 
to a retailer of distilled spirits, wine, or malt beverages does not 
constitute a means to induce within the meaning of section 105(b)(3) of 
the Act.
    (b) Definition. ``Equipment and supplies'' means glassware (or 
similar containers made of other material), dispensing accessories, 
carbon dioxide (and other gasses used in dispensing equipment) or ice. 
``Dispensing accessories'' include items such as standards, faucets, 
cold plates, rods, vents, taps, tap standards, hoses, washers, 
couplings, gas gauges, vent tongues, shanks, and check valves.

[T.D. ATF-364, 60 FR 20423, Apr. 26, 1995]



Secs. 6.89-6.90  [Reserved]



Sec. 6.91  Samples.

    The act by an industry member of furnishing or giving a sample of 
distilled spirits, wine, or malt beverages to a retailer who has not 
purchased the brand from that industry member within the last 12 months 
does not constitute a means to induce within the meaning of section 
105(b)(3) of the Act. For each retail establishment the industry member 
may give not more than 3 gallons of any brand of malt beverage, not more 
than 3 liters of any brand of wine, and not more than 3 liters of 
distilled spirits. If a particular product is not available in a size 
within the quantity limitations of this section, an industry member may 
furnish to a retailer the next larger size.

[T.D. ATF-364, 60 FR 20423, Apr. 26, 1995]



Sec. 6.92  Newspaper cuts.

    Newspaper cuts, mats, or engraved blocks for use in retailers' 
advertisements may be given or sold by an industry member to a retailer 
selling the industry member's products.

[T.D. ATF-364, 60 FR 20423, Apr. 26, 1995]



Sec. 6.93  Combination packaging.

    The act by an industry member of packaging and distributing 
distilled spirits, wine, or malt beverages in combination with other 
(non-alcoholic) items for sale to consumers does not constitute a means 
to induce within the meaning of section 105(b)(3) of the Act.

[T.D. ATF-364, 60 FR 20423, Apr. 26, 1995]

[[Page 86]]



Sec. 6.94  Educational seminars.

    An industry member may give or sponsor educational seminars for 
employees of retailers either at the industry member's premises or at 
the retail establishment. Examples would be seminars dealing with use of 
a retailer's equipment, training seminars for employees of retailers, or 
tours of industry member's plant premises. This section does not 
authorize an industry member to pay a retailer's expense in conjunction 
with an educational seminar (such as travel and lodging). This does not 
preclude providing nominal hospitality during the event.

[T.D. ATF-74, 45 FR 63251, Sept. 23, 1980, as amended by T.D. ATF-364, 
60 FR 20423, Apr. 26, 1995]



Sec. 6.95  Consumer tasting or sampling at retail establishments.

    An industry member may conduct tasting or sampling activities at a 
retail establishment. The industry member may purchase the products to 
be used from the retailer, but may not purchase them from the retailer 
for more than the ordinary retail price.



Sec. 6.96  Consumer promotions.

    (a) Coupons. The act by an industry member of furnishing to 
consumers coupons which are redeemable at a retail establishment does 
not constitute a means to induce within the meaning of section 105(b)(3) 
of the Act, provided the following conditions are met:
    (1) All retailers within the market where the coupon offer is made 
may redeem such coupons; and
    (2) An industry member may not reimburse a retailer for more than 
the face value of all coupons redeemed, plus a usual and customary 
handling fee for the redemption of coupons.
    (b) Direct offerings. Contest prizes, premium offers, refunds, and 
like items may be offered by industry members directly to consumers. 
Officers, employees and representatives of wholesalers or retailers are 
excluded from particiption.

[T.D. ATF-74, 45 FR 63251, Sept. 23, 1980, as amended by T.D. ATF-364, 
60 FR 20423, Apr. 26, 1995]



Sec. 6.97  [Reserved]



Sec. 6.98  Advertising service.

    The listing of the names and addresses of two or more unaffiliated 
retailers selling the products of an industry member in an advertisement 
of that industry member does not constitute a means to induce within the 
meaning of section 105(b)(3) of the Act, provided:
    (a) The advertisement does not also contain the retail price of the 
product (except where the exclusive retailer in the jurisdiction is a 
State or a political subdivision of a State), and
    (b) The listing is the only reference to the retailers in the 
advertisement and is relatively inconspicuous in relation to the 
advertisement as a whole, and
    (c) The advertisement does not refer only to one retailer or only to 
retail establishments controlled directly or indirectly by the same 
retailer, except where the retailer is an agency of a State or a 
political subdivision of a State.

[T.D. ATF-364, 60 FR 20423, Apr. 26, 1995]



Sec. 6.99  Stocking, rotation, and pricing service.

    (a) General. Industry members may, at a retail establishment, stock, 
rotate and affix the price to distilled spirits, wine, or malt beverages 
which they sell, provided products of other industry members are not 
altered or disturbed. The rearranging or resetting of all or part of a 
store or liquor department is not hereby authorized.
    (b) Shelf plan and shelf schematics. The act by an industry member 
of providing a recommended shelf plan or shelf schematic for distilled 
spirits, wine, or malt beverages does not constitute a means to induce 
within the meaning of section 105(b)(3) of the Act.

[T.D. ATF-364, 60 FR 20424, Apr. 26, 1995]



Sec. 6.100  Participation in retailer association activities.

    The following acts by an industry member participating in retailer 
association activities do not constitute a means to induce within the 
meaning of section 105(b)(3) of the Act:
    (a) Displaying its products at a convention or trade show;

[[Page 87]]

    (b) Renting display booth space if the rental fee is the same as 
paid by all exhibitors at the event;
    (c) Providing its own hospitality which is independent from 
association sponsored activities;
    (d) Purchasing tickets to functions and paying registration fees if 
the payments or fees are the same as paid by all attendees, participants 
or exhibitors at the event; and
    (e) Making payments for advertisements in programs or brochures 
issued by retailer associations at a convention or trade show if the 
total payments made by an industry member for all such advertisements do 
not exceed $300 per year for any retailer association.

[T.D. ATF-364, 60 FR 20424, Apr. 26, 1995]



Sec. 6.101  Merchandise.

    (a) General. The act by an industry member, who is also in business 
as a bona fide producer or vendor of other merchandise (for example, 
groceries or pharmaceuticals), of selling that merchandise to a retailer 
does not constitute a means to induce within the meaning of section 
105(b)(3) of the Act, provided:
    (1) The merchandise is sold at its fair market value;
    (2) The merchandise is not sold in combination with distilled 
spirits, wines, or malt beverages (except as provided in Sec. 6.93);
    (3) The industry member's acquisition or production costs of the 
merchandise appears on the industry member's purchase invoices or other 
records; and
    (4) The individual selling prices of merchandise and distilled 
spirits, wines, or malt beverages sold in a single transaction can be 
determined from commercial documents covering the sales transaction.
    (b) Things of value covered in other sections of this part. The act 
by an industry member of providing equipment, fixtures, signs, 
glassware, supplies, services, and advertising specialties to retailers 
does not constitute a means to induce within the meaning of section 
105(b)(3) of the Act only as provided in other sections within this 
part.

[T.D. ATF-364, 60 FR 20424, Apr. 26, 1995]



Sec. 6.102  Outside signs.

    The act by an industry member of giving or selling outside signs to 
a retailer does not constitute a means to induce within the meaning of 
section 105(b)(3) of the Act provided that:
    (a) The sign must bear conspicuous and substantial advertising 
matter about the product or the industry member which is permanently 
inscribed or securely affixed;
    (b) The retailer is not compensated, directly or indirectly such as 
through a sign company, for displaying the signs; and
    (c) The cost of the signs may not exceed $400.

[T.D. ATF-364, 60 FR 20424, Apr. 26, 1995]



                          Subpart E--Exclusion

    Source: T.D. ATF-364, 60 FR 20424, Apr. 26, 1995, unless otherwise 
noted.



Sec. 6.151  Exclusion, in general.

    (a) Exclusion, in whole or in part occurs:
    (1) When a practice by an industry member, whether direct, indirect, 
or through an affiliate, places (or has the potential to place) retailer 
independence at risk by means of a tie or link between the industry 
member and retailer or by any other means of industry member control 
over the retailer; and
    (2) Such practice results in the retailer purchasing less than it 
would have of a competitor's product.
    (b) Section 6.152 lists practices that create a tie or link that 
places retailer independence at risk. Section 6.153 lists the criteria 
used for determining whether other practices can put retailer 
independence at risk.



Sec. 6.152  Practices which put retailer independence at risk.

    The practices specified in this section put retailer independence at 
risk. The practices specified here are examples and do not constitute a 
complete list of those practices that put retailer independence at risk.

[[Page 88]]

    (a) The act by an industry member of resetting stock on a retailer's 
premises (other than stock offered for sale by the industry member).
    (b) The act by an industry member of purchasing or renting display, 
shelf, storage or warehouse space (i.e. slotting allowance).
    (c) Ownership by an industry member of less than a 100 percent 
interest in a retailer, where such ownership is used to influence the 
purchases of the retailer.
    (d) The act by an industry member of requiring a retailer to 
purchase one alcoholic beverage product in order to be allowed to 
purchase another alcoholic beverage product at the same time.



Sec. 6.153  Criteria for determining retailer independence.

    The criteria specified in this section are indications that a 
particular practice, other than those in Sec. 6.152, places retailer 
independence at risk. A practice need not meet all of the criteria 
specified in this section in order to place retailer independence at 
risk.
    (a) The practice restricts or hampers the free economic choice of a 
retailer to decide which products to purchase or the quantity in which 
to purchase them for sale to consumers.
    (b) The industry member obligates the retailer to participate in the 
promotion to obtain the industry member's product.
    (c) The retailer has a continuing obligation to purchase or 
otherwise promote the industry member's product.
    (d) The retailer has a commitment not to terminate its relationship 
with the industry member with respect to purchase of the industry 
member's products.
    (e) The practice involves the industry member in the day-to-day 
operations of the retailer. For example, the industry member controls 
the retailer's decisions on which brand of products to purchase, the 
pricing of products, or the manner in which the products will be 
displayed on the retailer's premises.
    (f) The practice is discriminatory in that it is not offered to all 
retailers in the local market on the same terms without business reasons 
present to justify the difference in treatment.



PART 7--LABELING AND ADVERTISING OF MALT BEVERAGES--Table of Contents




                            Subpart A--Scope

Sec.
7.1  General.
7.2  Territorial extent.
7.3  Forms prescribed.
7.4  Related regulations.
7.5  Delegations of the Director.

                         Subpart B--Definitions

7.10  Meaning of terms.

           Subpart C--Labeling Requirements for Malt Beverages

7.20  General.
7.21  Misbranding.
7.22  Mandatory label information.
7.23  Brand names.
7.24  Class and type.
7.25  Name and address.
7.26  Alcoholic content [suspended as of April 19, 1993; see Sec. 7.71].
7.27  Net contents.
7.28  General requirements.
7.29  Prohibited practices.

 Subpart D--Requirements for Withdrawal of Imported Malt Beverages From 
                             Customs Custody

7.30  Application.
7.31  Label approval and release.

    Subpart E--Requirements for Approval of Labels of Malt Beverages 
                     Domestically Bottled or Packed

7.40  Application.
7.41  Certificates of label approval.
7.42  Exhibiting certificates to Government officials.

                Subpart F--Advertising of Malt Beverages

7.50  Application.
7.51  Definitions.
7.52  Mandatory statements.
7.53  Legibility of mandatory information.
7.54  Prohibited practices.
7.55  Comparative advertising.

                      Subpart G--General Provisions

7.60  Exports.

     Subpart H--Interim Regulations for Alcoholic Content Statements

7.71  Alcoholic content.

                 Subpart I--Use of the Term ``Organic.''

7.81  Use of the term ``organic.''


[[Page 89]]


    Authority: 27 U.S.C. 205.

    Source: T.D. 6521, 25 FR 13859, Dec. 29, 1960, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 7 appear by T.D. ATF-
425, 65 FR 11891, Mar. 7, 2000.



                            Subpart A--Scope



Sec. 7.1  General.

    The regulations in this part relate to the labeling and advertising 
of malt beverages.



Sec. 7.2  Territorial extent.

    This part applies to the several States of the United States, the 
District of Columbia and the Commonwealth of Puerto Rico.



Sec. 7.3  Forms prescribed.

    (a) The appropriate ATF officer is authorized to prescribe all forms 
required by this part. All of the information called for in each form 
shall be furnished as indicated by the headings on the form and the 
instructions on or pertaining to the form. In addition, information 
called for in each form shall be furnished as required by this part. The 
form will be filed in accordance with the instructions for the form.
    (b) Forms may be requested from the ATF Distribution Center, P.O. 
Box 5950, Springfield, Virginia 22153-5190, or by accessing the ATF web 
site (http://www.atf.treas.gov/).

[T.D. ATF-92, 46 FR 46912, Sept. 23, 1981, as amended by T.D. ATF-249, 
52 FR 5956, Feb. 27, 1987; T.D. 372, 61 FR 20723, May 8, 1996; T.D. ATF-
425, 65 FR 11891, Mar. 7, 2000]



Sec. 7.4  Related regulations.

    The following regulations also relate to this part:

27 CFR Part 205--National Organic Program
27 CFR Part 1--Basic Permit Requirements Under the Federal Alcohol 
Administration Act, Nonindustrial Use of Distilled Spirits and Wine, 
Bulk Sales and Bottling of Distilled Spirits
27 CFR Part 4--Labeling and Advertising of Wine
27 CFR Part 5--Labeling and Advertising of Distilled Spirits
27 CFR Part 13--Labeling Proceedings
27 CFR Part 16--Alcoholic Beverage Health Warning Statement
27 CFR Part 25--Beer
27 CFR Part 26--Liquors and Articles from Puerto Rico and the Virgin 
Islands
27 CFR Part 27--Importation of Distilled Spirits, Wines, and Beer
27 CFR Part 71--Rules of Practice in Permit Proceedings

[T.D. ATF-483, 67 FR 62858, Oct. 8, 2002]



Sec. 7.5  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in this 
Part 7 are delegated to appropriate ATF officers. These ATF officers are 
specified in ATF Order 1130.2A, Delegation Order--Delegation of the 
Director's Authorities in 27 CFR parts 4, 5 and 7, Labeling and 
Advertising of Wine, Distilled Spirits and Malt Beverages. ATF 
delegation orders, such as ATF Order 1130.2A, are available to any 
interested person by mailing a request to the ATF Distribution Center, 
PO Box 5950, Springfield, Virginia 22150-5190, or by accessing the ATF 
web site (http://www.atf.treas.gov/).

[T.D. ATF-425, 65 FR 11891, Mar. 7, 2000]



                         Subpart B--Definitions



Sec. 7.10  Meaning of terms.

    As used in this part, unless the context otherwise requires, terms 
shall have the meaning ascribed in this subpart.
    Act. The Federal Alcohol Administration Act.
    Advertisement. See Sec. 7.51 for meaning of term as used in subpart 
F of this part.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of this part by ATF Order 
1130.2A, Delegation Order--Delegation of the Director's Authorities in 
27 CFR part 4, 5 and 7, Labeling and Advertising of Wine, Distilled 
Spirits and Malt Beverages.
    Brand label. The label carrying, in the usual distinctive design, 
the brand name of the malt beverage.
    Bottler. Any person who places malt beverages in containers of a 
capacity of one gallon or less.
    Container. Any can, bottle, barrel, keg, or other closed receptacle, 
irrespective of size or of the material from

[[Page 90]]

which made, for use for the sale of malt beverages at retail.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Gallon. A U.S. gallon of 231 cubic inches of malt beverages at 39.1 
deg.F (4  deg.C). All other liquid measures used are subdivisions of the 
gallon as defined.
    Interstate or foreign commerce. Commerce between any State and any 
place outside thereof, or commerce within any Territory or the District 
of Columbia, or between points within the same State but through any 
place outside thereof.
    Malt beverage. 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.
    Other terms. Any other term defined in the Federal Alcohol 
Administration Act and used in this part shall have the same meaning 
assigned to it by the Act.
    Packer. Any person who places malt beverages in containers of a 
capacity in excess of one gallon.
    Person. Any individual, partnership, joint-stock company, business 
trust, association, corporation, or other form of business enterprise, 
including a receiver trustee, or liquidating agent, and including an 
officer or employee of any agency of a State or political subdivision 
thereof.
    United States. The several States, the District of Columbia, and 
Puerto Rico; the term ``State'' includes the District of Columbia and 
Puerto Rico.

[T.D. ATF-48, 43 FR 13534, Mar. 31, 1978; 44 FR 55839, Sept. 28, 1979, 
as amended by T.D. ATF-66, 45 FR 40550, June 13, 1980; T.D. ATF-94, 46 
FR 55097, Nov. 6, 1981; T.D. ATF-344, 58 FR 40354, July 28, 1993; T.D. 
ATF-425, 65 FR 11892, Mar. 7, 2000]



           Subpart C--Labeling Requirements for Malt Beverages



Sec. 7.20  General.

    (a) Application. This subpart shall apply to malt beverages sold or 
shipped or delivered for shipment, or otherwise introduced into or 
received in any State from any place outside thereof, only to the extent 
that the law of such State imposes similar requirements with respect to 
the labeling of malt beverages not sold or shipped or delivered for 
shipment or otherwise introduced into or received in such State from any 
place outside thereof.
    (b) Marking, branding, and labeling. No person engaged in business 
as a brewer, wholesaler, or importer of malt beverages, directly or 
indirectly, or through an affiliate, shall sell or ship, or deliver for 
sale or shipment, or otherwise introduce in interstate or foreign 
commerce, or receive therein, or remove from Customs custody any malt 
beverages in containers unless the malt beverages are packaged, and the 
packages are marked, branded, and labeled in conformity with this 
subpart.
    (c) Alteration of labels. (1) It shall be unlawful for any person to 
alter, mutilate, destroy, obliterate, or remove any mark, brand, or 
label upon malt beverages held for sale in interstate or foreign 
commerce or after shipment therein, except as authorized by Federal law. 
The appropriate ATF officer may, upon written application, permit 
additional labeling or relabeling of malt beverages in containers if, in 
his judgment, the facts show that the additional labeling or relabeling 
is for the purpose of compliance with the requirements of this subpart 
or of State law.
    (2) Application for permission to relabel shall be accompanied by 
two complete sets of the old labels and two complete sets of any 
proposed labels, together with a statement of the reasons for 
relabeling, the quantity and the location of the malt beverages, and the 
name and address of the person by whom they will be relabeled.

[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF-66, 45 FR 
40551, June 13, 1980; T.D. ATF-425, 65 FR 11892, Mar. 7, 2000]

[[Page 91]]



Sec. 7.21  Misbranding.

    Malt beverages in containers shall be deemed to be misbranded:
    (a) If the container fails to bear on it a brand label (or a brand 
label and other permitted labels) containing the mandatory label 
information as required by Secs. 7.20 through 7.29 and conforming to the 
general requirements specified in this part.
    (b) If the container, cap, or any label on the container, or any 
carton, case, or other covering of the container used for sale at 
retail, or any written, printed, graphic, or other matter accompanying 
the container to the consumer buyer contains any statement, design, 
device, or graphic, pictorial, or emblematic representation that is 
prohibited by Secs. 7.20 through 7.29.
    (c) If the container has blown, branded, or burned therein the name 
or other distinguishing mark of any person engaged in business as a 
brewer, wholesaler, bottler, or importer, of malt beverages, or of any 
other person, except the person whose name is required to appear on the 
brand label.



Sec. 7.22  Mandatory label information.

    There shall be stated:
    (a) On the brand label:
    (1) Brand name, in accordance with Sec. 7.23.
    (2) Class, in accordance with Sec. 7.24.
    (3) Name and address (except when branded or burned in the 
container) in accordance with Sec. 7.25, except as provided in paragraph 
(b) of this section.
    (4) Net contents (except when blown, branded, or burned, in the 
container) in accordance with Sec. 7.27.
    (b) On the brand label or on a separate label (back or front):
    (1) In the case of imported malt beverages, name and address of 
importer in accordance with Sec. 7.25.
    (2) In the case of malt beverages bottled or packed for the holder 
of a permit or a retailer, the name and address of the bottler or 
packer, in accordance with Sec. 7.25.
    (3) Alcoholic content, when required by State law, in accordance 
with Sec. 7.71.
    (4) A statement that the product contains FD&C Yellow No. 5, where 
that coloring material is used in a product bottled on or after October 
6, 1984.
    (5) The following statement, separate and apart from all other 
information, when saccharin is present in the finished product: Use of 
this product may be hazardous to your health. This product contains 
saccharin which has been determined to cause cancer in laboratory 
animals.
    (6) Declaration of sulfites. The statement ``Contains sulfites'' or 
``Contains (a) sulfiting agent(s)'' or a statement identifying the 
specific sulfiting agent where sulfur dioxide or a sulfiting agent is 
detected at a level of 10 or more parts per million, measured as total 
sulfur dioxide. The sulfite declaration may appear on a strip label or 
neck label in lieu of appearing on the front or back label. The 
provisions of this paragraph shall apply to:
    (i) Any certificate of label approval issued on or after January 9, 
1987;
    (ii) Any malt beverage bottled on or after July 9, 1987, regardless 
of the date of issuance of the certificate of label approval; and,
    (iii) Any malt beverage removed on or after January 9, 1988.
    (7) Declaration of aspartame. The following statement, in capital 
letters, separate and apart from all other information, when the product 
contains aspartame in accordance with Food and Drug Administration (FDA) 
regulations:

``PHENYLKETONURICS: CONTAINS PHENYLALANINE.''

(Paragraph (b)(6) approved by the Office of Management and Budget under 
Control No. 1512-0469)

[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF-94, 46 FR 
55097, Nov. 6, 1981; T.D. ATF-150, 48 FR 45557, Oct. 6, 1983; T.D. ATF-
220, 50 FR 51852, Dec. 20, 1985; T.D. ATF-236, 51 FR 34710, Sept. 30, 
1986; T.D. ATF-282, 54 FR 7162, Feb. 16, 1989; T.D. ATF-312, 56 FR 
31077, July 9, 1991; T.D. ATF-339, 58 FR 21231, Apr. 19, 1993; T.D. ATF-
347, 58 FR 44132, Aug. 19, 1993]



Sec. 7.23  Brand names.

    (a) General. The product shall bear a brand name, except that if not 
sold under a brand name, then the name of the person required to appear 
on the brand label shall be deemed a brand name for the purpose of this 
part.
    (b) Misleading brand names. No label shall contain any brand name, 
which,

[[Page 92]]

standing alone, or in association with other printed or graphic matter, 
creates any impression or inference as to the age, origin, identity, or 
other characteristics of the product unless the appropriate ATF officer 
finds that such brand name, either when qualified by the word ``brand'' 
or when not so qualified, conveys no erroneous impressions as to the 
age, origin, identity, or other characteristics of the product.
    (c) Trade name of foreign origin. This section shall not operate to 
prohibit the use by any person of any trade name or brand of foreign 
origin not effectively registered in the United States Patent Office on 
August 29, 1935, which has been used by such person or his predecessors 
in the United States for a period of at least 5 years immediately 
preceding August 29, 1935: Provided, That if such trade name or brand is 
used, the designation of the product shall be qualified by the name of 
the locality in the United States in which produced, and such 
qualification shall be in script, type, or printing as conspicuous as 
the trade name or brand.



Sec. 7.24  Class and type.

    (a) The class of the malt beverage shall be stated and, if desired, 
the type thereof may be stated. Statements of class and type shall 
conform to the designation of the product as known to the trade. If the 
product is not known to the trade under a particular designation, a 
distinctive or fanciful name, together with an adequate and truthful 
statement of the composition of the product, shall be stated, and such 
statement shall be deemed to be a statement of class and type for the 
purposes of this part.
    (b) Malt beverages which have been concentrated by the removal of 
water therefrom and reconstituted by the addition of water and carbon 
dioxide shall for the purpose of this part be labeled in the same manner 
as malt beverages which have not been concentrated and reconstituted, 
except that there shall appear in direct conjunction with, and as a part 
of, the class designation the statement ``PRODUCED FROM----CONCENTRATE'' 
(the blank to be filled in with the appropriate class designation). All 
parts of the class designation shall appear in lettering of 
substantially the same size and kind.
    (c) No product shall be designated as ``half and half'' unless it is 
in fact composed of equal parts of two classes of malt beverages the 
names of which are conspicuously stated in conjunction with the 
designation ``half and half''.
    (d) Products containing less than one-half of 1 percent (.5%) of 
alcohol by volume shall bear the class designation ``malt beverage,'' or 
``cereal beverage,'' or ``near beer.'' If the designation ``near beer'' 
is used, both words must appear in the same size and style of type, in 
the same color of ink, and on the same background. No product containing 
less than one-half of 1 percent of alcohol by volume shall bear the 
class designations ``beer'', ``lager beer'', ``lager'', ``ale'', 
``porter'', or ``stout'', or any other class or type designation 
commonly applied to malt beverages containing one-half of 1 percent or 
more of alcohol by volume.
    (e) No product other than a malt beverage fermented at comparatively 
high temperature, possessing the characteristics generally attributed to 
``ale,'' ``porter,'' or ``stout'' and produced without the use of 
coloring or flavoring materials (other than those recognized in standard 
brewing practices) shall bear any of these class designations.
    (f) Geographical names for distinctive types of malt beverages 
(other than names found under paragraph (g) of this section to have 
become generic) shall not be applied to malt beverages produced in any 
place other than the particular region indicated by the name unless (1) 
in direct conjunction with the name there appears the word ``type'' or 
the word ``American'', or some other statement indicating the true place 
of production in lettering substantially as conspicuous as such name, 
and (2) the malt beverages to which the name is applied conform to the 
type so designated. The following are examples of distinctive types of 
beer with geographical names that have not become generic; Dortmund, 
Dortmunder, Vienna, Wein, Weiner, Bavarian, Munich, Munchner, Salvator, 
Kulmbacher, Wurtzburger, Pilsen (Pilsener and Pilsner): Provided, That

[[Page 93]]

notwithstanding the foregoing provisions of this section, beer which is 
produced in the United States may be designated as ``Pilsen,'' 
``Pilsener,'' or ``Pilsner'' without further modification, if it 
conforms to such type.
    (g) Only such geographical names for distinctive types of malt 
beverages as the appropriate ATF officer finds have by usage and common 
knowledge lost their geographical significance to such an extent that 
they have become generic shall be deemed to have become generic, e.g., 
India Pale Ale.
    (h) Except as provided in Sec. 7.23(b), geographical names that are 
not names for distinctive types of malt beverages shall not be applied 
to malt beverages produced in any place other than the particular place 
or region indicated in the name.

[T.D. 6672, 28 FR 9637, Aug. 31, 1963, as amended at 29 FR 3572, Mar. 
20, 1964; T.D. ATF-249, 52 FR 5956, Feb. 27, 1987; T.D. ATF 280, 54 FR 
3594, Jan. 25, 1989; T.D. ATF-425, 65 FR 11892, Mar. 7, 2000]



Sec. 7.25  Name and address.

    (a) Domestic malt beverages. (1) On labels of containers of domestic 
malt beverages there shall be stated the name of the bottler or packer 
and the place where bottled or packed. The bottler's or packer's 
principal place of business may be shown in lieu of the actual place 
where bottled or packed if the address shown is a location where 
bottling or packing operation takes place. The appropriate ATF officer 
may disapprove the listing of a principal place of business if its use 
would create a false or misleading impression as to the geographic 
origin of the beer.
    (2) If malt beverages are bottled or packed for a person other than 
the actual bottler or packer there may be stated in addition to the name 
and address of the bottler or packer (but not in lieu of), the name and 
address of such other person immediately preceded by the words ``bottled 
for,'' ``distributed by,'' or other similar appropriate phrase.
    (b) Imported malt beverages. On labels of containers of imported 
malt beverages, there shall be stated the words ``imported by,'' or a 
singular appropriate phrase, and immediately thereafter the name of the 
permittee who is the importer, or exclusive agent, or sole distributor, 
or other person responsible for the importation, together with the 
principal place of business in the United States of such person. In 
addition there may, but need not, be stated unless required by State or 
foreign law or regulation the name and principal place of business of 
the foreign manufacturer, bottler, packer, or shipper.
    (c) Post-office address. The ``place'' stated shall be the post-
office address, except that the street address may be omitted. No 
additional places or addresses shall be stated for the same person, 
unless (1) such person is actively engaged in the conduct of an 
additional bona fide and actual malt beverage business at such 
additional place or address, and (2) the label also contains, in direct 
conjunction therewith, appropriate descriptive material indicating the 
function occurring at such additional place or address in connection 
with the particular malt beverage.

(Approved by the Office of Management and Budget under control number 
1512-0474)

[T.D. 6551, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF-225, 51 
FR 8492, Mar. 12, 1986]



Sec. 7.26  Alcoholic content [suspended as of April 19, 1993; see Sec. 7.71].

    (a) The alcoholic content and the percentage and quantity of the 
original extract shall not be stated unless required by State law. When 
alcoholic content is required to be stated, but the manner of statement 
is not specified in the State law, it shall be stated in percentage of 
alcohol by weight or by volume, and not by proof or by maximums or 
minimums. Otherwise the manner of statement shall be as specified in the 
State law.
    (b) The terms ``low alcohol'' or ``reduced alcohol'' may be used 
only on malt beverage products containing less than 2.5 percent alcohol 
by volume.
    (c) The term ``non-alcoholic'' may be used on malt beverage 
products, provided the statement ``contains less than 0.5 percent (or 
.5%) alcohol by volume'' appears in direct conjunction with it, in 
readily legible printing and on a completely contrasting background.

[[Page 94]]

    (d) The term ``alcohol-free'' may be used only on malt beverage 
products containing no alcohol.

[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF 280, 54 
FR 3594, Jan. 25, 1989; T.D. ATF-339, 58 FR 21231, Apr. 19, 1993]

    Effective Date Note: At 58 FR 21231, Apr. 19, 1993, Sec. 7.26 was 
suspended indefinitely.



Sec. 7.27  Net contents.

    (a) Net contents shall be stated as follows:
    (1) If less than 1 pint, in fluid ounces, or fractions of a pint.
    (2) If 1 pint, 1 quart, or 1 gallon, the net contents shall be so 
stated.
    (3) If more than 1 pint, but less than 1 quart, the net contents 
shall be stated in fractions of a quart, or in pints and fluid ounces.
    (4) If more than 1 quart, but less than 1 gallon, the net contents 
shall be stated in fractions of a gallon, or in quarts, pints, and fluid 
ounces.
    (5) If more than 1 gallon, the net contents shall be stated in 
gallons and fractions thereof.
    (b) All fractions shall be expressed in their lowest denominations.
    (c) The net contents need not be stated on any label if the net 
contents are displayed by having the same blown, branded, or burned in 
the container in letters or figures in such manner as to be plainly 
legible under ordinary circumstances and such statement is not obscured 
in any manner in whole or in part.



Sec. 7.28  General requirements.

    (a) Contrasting background. All labels shall be so designed that all 
statements required by this subpart are readily legible under ordinary 
conditions, and all the statements are on a contrasting background.
    (b) Size of type-- (1) Containers of more than one-half pint. Except 
for statements of alcoholic content, all mandatory information required 
on labels by this part shall be in script, type, or printing not smaller 
than 2 millimeters. If contained among other descriptive or explanatory 
information, the script, type, or printing of all mandatory information 
shall be of a size substantially more conspicuous than that of the 
descriptive or explanatory information.
    (2) Containers of one-half pint or less. Except for statements of 
alcoholic content, all mandatory information required on labels by this 
part shall be in script, type, or printing not smaller than 1 
millimeter. If contained among other descriptive or explanatory 
information, the script, type, or printing of all mandatory information 
shall be of a size substantially more conspicuous than that of the 
descriptive or explanatory information.
    (3) Alcoholic content statement. All portions of the alcoholic 
content statement shall be of the same size and kind of lettering and of 
equally conspicuous color. Unless otherwise required by State law, the 
statement of alcoholic content shall be in script, type, or printing:
    (i) Not smaller than 1 millimeter for containers of one-half pint or 
less, or smaller than 2 millimeters for containers larger than one-half 
pint; or
    (ii) Not larger than 3 millimeters for containers of 40 fl. oz. or 
less, or larger than 4 millimeters for containers larger than 40 fl. oz.
    (c) English language. All information, other than the brand name, 
required by this subpart to be stated on labels shall be in the English 
language. Additional statements in foreign languages may be made, if the 
statements do not conflict with, or are contradictory to, the 
requirements of this subpart. Labels on containers of malt beverages 
bottled or packed for consumption within Puerto Rico may, if desired, 
state the information required by this subpart solely in the Spanish 
language, in lieu of the English language, except that the net contents 
shall also be stated in the English language.
    (d) Labels firmly affixed. All labels shall be affixed to containers 
of malt beverages in such manner that they cannot be removed without 
thorough application of water or other solvents.
    (e) Additional information. Labels may contain information other 
than the mandatory label information required by this subpart if the 
information complies with the requirements of this subpart and does not 
conflict with, or in

[[Page 95]]

any manner qualify, statements required by this part.

[T.D. ATF-66, 45 FR 40552, June 13, 1980, as amended by T.D. ATF-94, 46 
FR 55097, Nov. 6, 1981; T.D. ATF-339, 58 FR 21231, Apr. 19, 1993]



Sec. 7.29  Prohibited practices.

    (a) Statements on labels. Containers of malt beverages, or any 
labels on such containers, or any carton, case, or individual covering 
of such containers, used for sale at retail or any written, printed, 
graphic, or other matter accompanying such containers to the consumer 
shall not contain:
    (1) Any statement that is false or untrue in any particular, or 
that, irrespective of falsity, directly, or by ambiguity, omission, or 
inference, or by the addition of irrelevant, scientific or technical 
matter, tends to create a misleading impression.
    (2) Any statement that is disparaging of a competitor's products.
    (3) Any statement, design, device, or representation which is 
obscene or indecent.
    (4) Any statement, design, device, or representation of or relating 
to analyses, standards, or tests, irrespective of falsity, which the 
appropriate ATF officer finds to be likely to mislead the consumer.
    (5) Any statement, design, device, or representation of or relating 
to any guarantee, irrespective of falsity, which the appropriate ATF 
officer finds to be likely to mislead the consumer. Money-back 
guarantees are not prohibited.
    (6) A trade or brand name that is the name of any living individual 
of public prominence, or existing private or public organization, or is 
a name that is in simulation or is an abbreviation thereof, or any 
graphic, pictorial, or emblematic representation of any such individual 
or organization, if the use of such name or representation is likely 
falsely to lead the consumer to believe that the product has been 
endorsed, made, or used by, or produced for, or under the supervision 
of, or in accordance with the specifications of, such individual or 
organization: Provided, That this paragraph shall not apply to the use 
of the name of any person engaged in business as a producer, importer, 
bottler, packer, wholesaler, retailer, or warehouseman, of malt 
beverages, nor to the use by any person of a trade or brand name that is 
the name of any living individual of public prominence, or existing 
private or public organization, provided such trade or brand name was 
used by him or his predecessors in interest prior to August 29, 1935.
    (b) Simulation of Government stamps. No label shall be of such 
design as to resemble or simulate a stamp of the United States 
Government or of any State or foreign government. No label, other than 
stamps authorized or required by the United States Government or any 
State or foreign government, shall state or indicate that the malt 
beverage contained in the labeled container is brewed, made, bottled, 
packed, labeled, or sold under, or in accordance with, any municipal, 
State, Federal, or foreign government authorization, law, or regulation, 
unless such statement is required or specifically authorized by Federal, 
State, or municipal, law or regulation, or is required or specifically 
authorized by the laws or regulations of the foreign country in which 
such malt beverages were produced. If the municipal or State government 
permit number is stated upon a label, it shall not be accompanied by an 
additional statement relating thereto, unless required by State law.
    (c) Use of word ``bonded'', etc. The words ``bonded'', ``bottled in 
bond'', ``aged in bond'', ``bonded age'', ``bottled under customs 
supervision'', or phrases containing these or synonymous terms which 
imply governmental supervision over production, bottling, or packing, 
shall not be used on any label for malt beverages.
    (d) Flags, seals, coats of arms, crests, and other insignia. Labels 
shall not contain, in the brand name or otherwise, any statement, 
design, device, or pictorial representation which the appropriate ATF 
officer finds relates to, or is capable of being construed as relating 
to, the armed forces of the United States, or the American flag, or any 
emblem, seal, insignia, or decoration associated with such flag or armed 
forces; nor shall any label contain any statement, design, device, or 
pictorial representation of or concerning any flag, seal, coat of arms, 
crest or other

[[Page 96]]

insignia, likely to mislead the consumer to believe that the product has 
been endorsed, made, or used by, or produced for, or under the 
supervision of, or in accordance with the specifications of the 
government, organization, family, or individual with whom such flag, 
seal, coat of arms, crest, or insignia is associated.
    (e) Curative and therapeutic claims. Labels shall not contain any 
statement, design, representation, pictorial representation, or device 
representing that the use of malt beverage has curative or therapeutic 
effects if such statement is untrue in any particular or tends to create 
a misleading impression.
    (f) Use of words ``strong,'' ``full strength,'' and similar words. 
Labels shall not contain the words ``strong,'' ``full strength,'' 
``extra strength,'' ``high test,'' ``high proof,'' ``pre-war strength,'' 
``full oldtime alcoholic strength,'' or similar words or statements, 
likely to be considered as statements of alcoholic content, unless 
required by State law. This does not preclude use of the terms ``low 
alcohol,'' ``reduced alcohol,'' ``non-alcoholic,'' and ``alcohol-free,'' 
in accordance with Sec. 7.71 (d), (e), and (f), nor does it preclude 
labeling with the alcohol content in accordance with Sec. 7.71.
    (g) Use of numerals. Labels shall not contain any statements, 
designs, or devices, whether in the form of numerals, letters, 
characters, figures, or otherwise, which are likely to be considered as 
statements of alcoholic content, unless required by State law, or as 
permitted by Sec. 7.71.
    (h) Coverings, cartons, or cases. Individual coverings, cartons, 
cases, or other wrappers of containers of malt beverages, used for sale 
at retail, or any written, printed, graphic, or other matter 
accompanying the container shall not contain any statement or any 
graphic pictorial, or emblematic representation, or other matter, which 
is prohibited from appearing on any label or container of malt 
beverages.

[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF-66, 45 FR 
40552, June 13, 1980; T.D. ATF-180, 49 FR 31674, Aug. 8, 1984; T.D. ATF 
280, 54 FR 3594, Jan. 25, 1989; T.D. ATF-339, 58 FR 21232, Apr. 19, 
1993]

    Effective Date Note: By T.D. TTB-1, 68 FR 10105, Mar. 3, 2003, 
Sec. 7.29 was amended by revising paragraph (e), effective June 2, 2003. 
For the convenience of the user, the revised text is set forth as 
follows:

Sec. 7.29  Prohibited practices.

                                * * * * *

    (e) Health-related statements--(1) Definitions. When used in this 
paragraph (e), terms are defined as follows:
    (i) Health-related statement means any statement related to health 
(other than the warning statement required by Sec. 16.21 of this 
chapter) and includes statements of a curative or therapeutic nature 
that, expressly or by implication, suggest a relationship between the 
consumption of alcohol, malt beverages, or any substance found within 
the malt beverage, and health benefits or effects on health. The term 
includes both specific health claims and general references to alleged 
health benefits or effects on health associated with the consumption of 
alcohol, malt beverages, or any substance found within the malt 
beverage, as well as health-related directional statements. The term 
also includes statements and claims that imply that a physical or 
psychological sensation results from consuming the malt beverage, as 
well as statements and claims of nutritional value (e.g., statements of 
vitamin content). Statements concerning caloric, carbohydrate, protein, 
and fat content do not constitute nutritional claims about the product.
    (ii) Specific health claim is a type of health-related statement 
that, expressly or by implication, characterizes the relationship of the 
malt beverage, alcohol, or any substance found within the malt beverage, 
to a disease or health-related condition. Implied specific health claims 
include statements, symbols, vignettes, or other forms of communication 
that suggest, within the context in which they are presented, that a 
relationship exists between malt beverages, alcohol, or any substance 
found within the malt beverage, and a disease or health-related 
condition.
    (iii) Health-related directional statement is a type of health-
related statement that directs or refers consumers to a third party or 
other source for information regarding the effects on health of malt 
beverage or alcohol consumption.
    (2) Rules for labeling--(i) Health-related statements. In general, 
labels may not contain any health-related statement that is untrue in 
any particular or tends to create a misleading impression as to the 
effects on health of alcohol consumption. TTB will evaluate such 
statements on a case-by-case basis and may require as part of the 
health-related statement a disclaimer or some other

[[Page 97]]

qualifying statement to dispel any misleading impression conveyed by the 
health-related statement.
    (ii) Specific health claims. (A) TTB will consult with the Food and 
Drug Administration (FDA), as needed, on the use of a specific health 
claim on a malt beverage label. If FDA determines that the use of such a 
labeling claim is a drug claim that is not in compliance with the 
requirements of the Federal Food, Drug, and Cosmetic Act, TTB will not 
approve the use of that specific health claim on a malt beverage label.
    (B) TTB will approve the use of a specific health claim on a malt 
beverage label only if the claim is truthful and adequately 
substantiated by scientific or medical evidence; sufficiently detailed 
and qualified with respect to the categories of individuals to whom the 
claim applies; adequately discloses the health risks associated with 
both moderate and heavier levels of alcohol consumption; and outlines 
the categories of individuals for whom any levels of alcohol consumption 
may cause health risks. This information must appear as part of the 
specific health claim.
    (iii) Health-related directional statements. A statement that 
directs consumers to a third party or other source for information 
regarding the effects on health of malt beverage or alcohol consumption 
is presumed misleading unless it--
    (A) Directs consumers in a neutral or other non-misleading manner to 
a third party or other source for balanced information regarding the 
effects on health of malt beverage or alcohol consumption; and
    (B)(1) Includes as part of the health-related directional statement 
the following disclaimer: ``This statement should not encourage you to 
drink or to increase your alcohol consumption for health reasons;'' or
    (2) Includes as part of the health-related directional statement 
some other qualifying statement that the appropriate TTB officer finds 
is sufficient to dispel any misleading impression conveyed by the 
health-related directional statement.

                                * * * * *



 Subpart D--Requirements for Withdrawal of Imported Malt Beverages From 
                             Customs Custody



Sec. 7.30  Application.

    Sections 7.30 and 7.31 shall apply to withdrawals of malt beverages 
from customs custody only in the event that the laws or regulations of 
the State in which such malt beverages are withdrawn for consumption 
require that all malt beverages sold or otherwise disposed of in such 
State be labeled in conformity with the requirements of Secs. 7.20 
through 7.29.



Sec. 7.31  Label approval and release.

    (a) Certificate of label approval. No imported malt beverages in 
containers shall be released from Customs custody for consumption unless 
there is deposited with the appropriate Customs officer at the port of 
entry the original or a photostatic copy of an approved certificate of 
label approval, ATF Form 5100.31.
    (b) Release. If the original or photostatic copy of ATF Form 5100.31 
has been approved, the brand or lot of imported malt beverages bearing 
labels identical with those shown thereon may be released from U.S. 
Customs custody.
    (c) Relabeling. Imported malt beverages in U.S. Customs custody 
which are not labeled in conformity with certificates of label approval 
issued by the appropriate ATF officer must be relabeled, prior to 
release, under the supervision and direction of the U.S. Customs 
officers of the port at which the malt beverages are located.
    (d) Cross reference. For procedures regarding the issuance, denial, 
and revocation of certificates of label approval, as well as appeal 
procedures, see part 13 of this chapter.

[T.D. ATF-66, 45 FR 40552, June 13, 1980, as amended by T.D. ATF-94, 46 
FR 55097, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. 
ATF-359, 59 FR 42160, Aug. 17, 1994; T.D. ATF-406, 64 FR 2129, Jan. 13, 
1999]



    Subpart E--Requirements for Approval of Labels of Malt Beverages 
                     Domestically Bottled or Packed



Sec. 7.40  Application.

    Sections 7.40 through 7.42 shall apply only to persons bottling or 
packing malt beverages (other than malt beverages in customs custody) 
for shipment, or delivery for sale or shipment, into a State, the laws 
or regulations of which require that all malt beverages sold or 
otherwise disposed of in such State be labeled in conformity with the 
requirements of Secs. 7.20 through 7.29.

[[Page 98]]



Sec. 7.41  Certificates of label approval.

    (a) Requirement. No person may bottle or pack malt beverages, or 
remove malt beverages from the plant where bottled or packed unless an 
approved certificate of label approval, ATF Form 5100.31, is issued.
    (b) Cross reference. For procedures regarding the issuance, denial, 
and revocation of certificates of label approval, as well as appeal 
procedures, see part 13 of this chapter.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-425, 65 
FR 11892, Mar. 7, 2000]



Sec. 7.42  Exhibiting certificates to Government officials.

    Any bottler or packer holding an original or duplicate original of a 
certificate of label approval shall, upon demand exhibit such 
certificate to a duly authorized representative of the United States 
Government or any duly authorized representative of a State or political 
subdivision thereof.



                Subpart F--Advertising of Malt Beverages



Sec. 7.50  Application.

    No person engaged in business as a brewer, wholesaler, or importer, 
of malt beverages directly or indirectly or through an affiliate, shall 
publish or disseminate or cause to be published or disseminated by radio 
or television broadcast, or in any newspaper, periodical, or any 
publication, by any sign or outdoor advertisement, or in any other 
printed or graphic matter, any advertisement of malt beverages, if such 
advertising is in, or is calculated to induce sales in, interstate or 
foreign commerce, or is disseminated by mail, unless such advertisement 
is in conformity with Secs. 7.50-7.55 of this part. Provided, that such 
sections shall not apply to outdoor advertising in place on (effective 
date of this Treasury decision), but shall apply upon replacement, 
restoration, or renovation of any such advertising; and provided 
further, that Secs. 7.50-7.55 of this part shall apply to advertisements 
of malt beverages intended to be sold or shipped or delivered for 
shipment, or otherwise introduced into or received in any State from any 
place outside thereof, only to the extent that the laws of such State 
impose similar requirements with respect to advertisements of malt 
beverages manufactured and sold or otherwise disposed of in such State. 
And provided further that such sections shall not apply to a retailer or 
the publisher of any newspaper, periodical, or other publication, or 
radio or television broadcast, unless such retailer or publisher or 
radio or television broadcaster is engaged in business as a brewer, 
wholesaler, bottler, or importer of malt beverages, directly or 
indirectly, or through an affiliate.

[T.D. ATF-180, 49 FR 31675, Aug. 8, 1984]



Sec. 7.51  Definitions.

    As used in Secs. 7.50 through 7.55 of this part, the term 
``advertisement'' includes any written or verbal statement, 
illustration, or depiction which is in, or calculated to induce sales 
in, interstate or foreign commerce, or is disseminated by mail, whether 
it appears in a newspaper, magazine, trade booklet, menu, wine card, 
leaflet, circular, mailer, book insert, catalog, promotional material, 
sales pamphlet, or in any written, printed, graphic, or other matter 
accompanying the container, representations made on cases, or in any 
billboard, sign, or other outdoor advertisement, public transit card, 
other periodical literature, publication, or in a radio or television 
broadcast, or in any other media; except that such term shall not 
include:
    (a) Any label affixed to any container of malt beverages; or any 
coverings, cartons, or cases of containers of malt beverages used for 
sale at retail which constitute a part of the labeling under Secs. 7.20 
through 7.29 of this part.
    (b) Any editorial or other reading material (i.e., news release) in 
any periodical or publication or newspaper for the publication of which 
no money or valuable consideration is paid or promised, directly or 
indirectly, by any brewer, and which is not written by or at the 
direction of the brewer.

[T.D. ATF-180, 49 FR 31675, Aug. 8, 1984]

[[Page 99]]



Sec. 7.52  Mandatory statements.

    (a) Responsible advertiser. The advertisement shall state the name 
and address of the brewer, bottler, packer, wholesaler, or importer 
responsible for its publication or broadcast. Street number and name may 
be omitted in the address.
    (b) Class. The advertisement shall contain a conspicuous statement 
of the class to which the product belongs, corresponding to the 
statement of class which is required to appear on the label of the 
product.
    (c) Exception. (1) If an advertisement refers to a general malt 
beverage line or all of the malt beverage products of one company, 
whether by the company name or by the brand name common to all the malt 
beverages in the line, the only mandatory information necessary is the 
name and address of the responsible advertiser. This exception does not 
apply where only one type of malt beverage is marketed under the 
specific brand name advertised.
    (2) On consumer specialty items, the only information necessary is 
the company name or brand name of the product.

[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF-180, 49 
FR 31675, Aug. 8, 1984]



Sec. 7.53  Legibility of mandatory information.

    (a) Statements required under Secs. 7.50 through 7.55 of this part 
that appear in any written, printed, or graphic advertisement shall be 
in lettering or type size sufficient to be conspicuous and readily 
legible.
    (b) In the case of signs, billboards, and displays the name and 
address of the permittee responsible for the advertisement may appear in 
type size of lettering smaller than the other mandatory information, 
provided such information can be ascertained upon closer examination of 
the sign or billboard.
    (c) Mandatory information shall be so stated as to be clearly a part 
of the advertisement and shall not be separated in any manner from the 
remainder of the advertisement.
    (d) Mandatory information for two or more products shall not be 
stated unless clearly separated.
    (e) Mandatory information shall be so stated in both the print and 
audiovisual media that it will be readily apparent to the persons 
viewing the advertisement.

[T.D. ATF-180, 49 FR 31675, Aug. 8, 1984]



Sec. 7.54  Prohibited statements.

    (a) General prohibition. An advertisement of malt beverages shall 
not contain:
    (1) Any statement that is false or untrue in any material 
particular, or that, irrespective of falsity, directly, or by ambiguity, 
omission, or inference, or by the addition of irrelevant, scientific or 
technical matter, tends to create a misleading impression.
    (2) Any statement that is disparaging of a competitor's products.
    (3) Any statement, design, device, or representation which is 
obscene or indecent.
    (4) Any statement, design, device, or representation of or relating 
to analyses, standards, or tests, irrespective of falsity, which the 
appropriate ATF officer finds to be likely to mislead the consumer.
    (5) Any statement, design, device, or representation of or relating 
to any guarantee, irrespective of falsity, which the appropriate ATF 
officer finds to be likely to mislead the consumer. Money-back 
guarantees are not prohibited.
    (6) Any statement that the malt beverages are brewed, made, bottled, 
packed, labeled, or sold under, or in accordance with, any municipal, 
State, or Federal authorization, law, or regulation; and if a municipal 
or State permit number is stated, the permit number shall not be 
accompanied by any additional statement relating thereto.
    (7) The words ``bonded'', ``bottled in bond'', ``aged in bond'', 
``bonded age'', ``bottled under customs supervision'', or phrases 
containing these or synonymous terms which imply governmental 
supervision over production, bottling, or packing.
    (b) Statements inconsistent with labeling. (1) Advertisements shall 
not contain any statement concerning a brand or lot of malt beverages 
that is inconsistent with any statement on the labeling thereof.

[[Page 100]]

    (2) Any label depicted on a bottle in an advertisement shall be a 
reproduction of an approved label.
    (c) Alcoholic content. (1) Advertisements shall not contain the 
words ``strong,'' ``full strength,'' ``extra strength,'' ``high test,'' 
``high proof,'' ``full alcohol strength,'' or any other statement of 
alcoholic content, or any statement of the percentage and quantity of 
the original extract, or any numerals, letters, characters, figures, or 
similar words or statements, likely to be considered as statements of 
alcoholic content, unless required by State law. This does not preclude 
use of the terms ``low alcohol,'' ``reduced alcohol,'' ``non-
alcoholic,'' and ``alcohol-free,'' as used on labels, in accordance with 
Sec. 7.71 (d), (e), and (f).
    (2) An approved malt beverage label which bears a statement of 
alcoholic content permitted under Sec. 7.71 may be depicted in any 
advertising media. The statement of alcoholic content on the label may 
not appear more prominently in the advertisement than it does on the 
approved label.
    (3) An actual malt beverage bottle showing the approved label 
bearing a statement of alcoholic content permitted under Sec. 7.71 may 
be displayed in any advertising media.
    (d) Class. (1) No product containing less than one-half of 1 per 
centum of alcohol by volume shall be designated in any advertisement as 
``beer'', ``lager beer'', ``lager'', ``ale'', ``porter'', or ``stout'', 
or by any other class or type designation commonly applied to fermented 
malt beverages containing one-half of 1 per centum or more of alcohol by 
volume.
    (2) No product other than a malt beverage fermented at comparatively 
high temperature, possessing the characteristics generally attributed to 
``ale,'' ``porter,'' or ``stout'' and produced without the use of 
coloring or flavoring materials (other than those recognized in standard 
brewing practices) shall be designated in any advertisement by any of 
these class designations.
    (e) Curative and therapeutic claims. Advertisements shall not 
contain any statement, design, representation, pictorial representation, 
or device representing that the use of malt beverages has curative or 
therapeutic effects if such statement is untrue in any particular or 
tends to create a misleading impression.
    (f) Confusion of brands. Two or more different brands or lots of 
malt beverages shall not be advertised in one advertisement (or in two 
or more advertisements in one issue of a periodical or a newspaper or in 
one piece of other written, printed, or graphic matter) if the 
advertisement tends to create the impression that representations made 
as to one brand or lot apply to the other or others, and if as to such 
latter the representations contravene any provision of Secs. 7.50 
through 7.54 or are in any respect untrue.
    (g) Flags, seals, coats of arms, crests, and other insignia. No 
advertisement shall contain any statement, design, device, or pictorial 
representation of or relating to, or capable of being construed as 
relating to the armed forces of the United States, or of the American 
flag, or of any emblem, seal, insignia, or decoration associated with 
such flag or armed forces; nor shall any advertisement contain any 
statement, device, design, or pictorial representation of or concerning 
any flag, seal, coat of arms, crest, or other insignia, likely to 
mislead the consumer to believe that the product has been endorsed, 
made, or used by, or produced for, or under the supervision of, or in 
accordance with the specifications of the government, organization, 
family, or individual with whom such flag, seal, coat of arms, crest, or 
insignia is associated.
    (h) Deceptive advertising techniques. Subliminal or similar 
techniques are prohibited. ``Subliminal or similar techniques,'' as used 
in this part, refers to any device or technique that is used to convey, 
or attempts to convey, a message to a person by means of images or 
sounds of a very brief nature that cannot be perceived at a normal level 
of awareness.

[T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF-180, 49 
FR 31675, Aug. 8, 1984; T.D. ATF 280, 54 FR 3594, Jan. 25, 1989; T.D. 
ATF-339, 58 FR 21232, Apr. 19, 1993]

    Effective Date Note: By T.D. TTB-1, 68 FR 10106, Mar. 3, 2003, 
Sec. 7.54 was amended by revising paragraph (e), effective June 2, 2003. 
For the convenience of the user, the revised text is set forth as 
follows:

[[Page 101]]

Sec. 7.54  Prohibited statements.

                                * * * * *

    (e) Health-related statements--(1) Definitions. When used in this 
paragraph (e), terms are defined as follows:
    (i) Health-related statement means any statement related to health 
and includes statements of a curative or therapeutic nature that, 
expressly or by implication, suggest a relationship between the 
consumption of alcohol, malt beverages, or any substance found within 
the malt beverage, and health benefits or effects on health. The term 
includes both specific health claims and general references to alleged 
health benefits or effects on health associated with the consumption of 
alcohol, malt beverages, or any substance found within the malt 
beverage, as well as health-related directional statements. The term 
also includes statements and claims that imply that a physical or 
psychological sensation results from consuming the malt beverage, as 
well as statements and claims of nutritional value (e.g., statements of 
vitamin content). Statements concerning caloric, carbohydrate, protein, 
and fat content do not constitute nutritional claims about the product.
    (ii) Specific health claim is a type of health-related statement 
that, expressly or by implication, characterizes the relationship of the 
malt beverage, alcohol, or any substance found within the malt beverage, 
to a disease or health-related condition. Implied specific health claims 
include statements, symbols, vignettes, or other forms of communication 
that suggest, within the context in which they are presented, that a 
relationship exists between malt beverages, alcohol, or any substance 
found within the malt beverage, and a disease or health-related 
condition.
    (iii) Health-related directional statement is a type of health-
related statement that directs or refers consumers to a third party or 
other source for information regarding the effects on health of malt 
beverage or alcohol consumption.
    (2) Rules for advertising--(i) Health-related statements. In 
general, advertisements may not contain any health-related statement 
that is untrue in any particular or tends to create a misleading 
impression as to the effects on health of alcohol consumption. TTB will 
evaluate such statements on a case-by-case basis and may require as part 
of the health-related statement a disclaimer or some other qualifying 
statement to dispel any misleading impression conveyed by the health-
related statement. Such disclaimer or other qualifying statement must 
appear as prominent as the health-related statement.
    (ii) Specific health claims. A specific health claim will not be 
considered misleading if it is truthful and adequately substantiated by 
scientific or medical evidence; sufficiently detailed and qualified with 
respect to the categories of individuals to whom the claim applies; 
adequately discloses the health risks associated with both moderate and 
heavier levels of alcohol consumption; and outlines the categories of 
individuals for whom any levels of alcohol consumption may cause health 
risks. This information must appear as part of the specific health claim 
and in a manner as prominent as the specific health claim.
    (iii) Health-related directional statements. A statement that 
directs consumers to a third party or other source for information 
regarding the effects on health of malt beverage or alcohol consumption 
is presumed misleading unless it--
    (A) Directs consumers in a neutral or other non-misleading manner to 
a third party or other source for balanced information regarding the 
effects on health of malt beverage or alcohol consumption; and
    (B)(1) Includes as part of the health-related directional statement, 
and in a manner as prominent as the health-related directional 
statement, the following disclaimer: ``This statement should not 
encourage you to drink or increase your alcohol consumption for health 
reasons;'' or
    (2) Includes as part of the health-related directional statement, 
and in a manner as prominent as the health-related directional 
statement, some other qualifying statement that the appropriate TTB 
officer finds is sufficient to dispel any misleading impression conveyed 
by the health-related directional statement.

                                * * * * *



Sec. 7.55  Comparative advertising.

    (a) General. Comparative advertising shall not be disparaging of a 
competitor's product.
    (b) Taste tests. (1) Taste test results may be used in 
advertisements comparing competitors' products unless they are 
disparaging, deceptive, or likely to mislead the consumer.
    (2) The taste test procedure used shall meet scientifically accepted 
procedures. An example of a scientifically accepted procedure is 
outlined in the Manual on Sensory Testing Methods, ASTM Special 
Technical Publication 434, published by the American Society for Testing 
and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103, ASTM, 
1968, Library of Congress Catalog Card Number 68-15545.

[[Page 102]]

    (3) A statement shall appear in the advertisement providing the name 
and address of the testing administrator.

[T.D. ATF-180, 49 FR 31676, Aug. 8, 1984]



                      Subpart G--General Provisions



Sec. 7.60  Exports.

    This part shall not apply to malt beverages exported in bond.



     Subpart H--Interim Regulations for Alcoholic Content Statements



Sec. 7.71  Alcoholic content.

    (a) General. Alcoholic content and the percentage and quantity of 
the original gravity or extract may be stated on a label unless 
prohibited by State law. When alcoholic content is stated, and the 
manner of statement is not required under State law, it shall be stated 
as prescribed in paragraph (b) of this section.
    (b) Form of statement. (1) Statement of alcoholic content shall be 
expressed in percent alcohol by volume, and not by percent by weight, 
proof, or by maximums or minimums.
    (2) For malt beverages containing 0.5 percent or more alcohol by 
volume, statements of alcoholic content shall be expressed to the 
nearest one-tenth of a percent, subject to the tolerance permitted by 
paragraph (c) (1) and (2) of this section. For malt beverages containing 
less than 0.5 percent alcohol by volume, alcoholic content may be 
expressed in one-hundredths of a percent, subject to the tolerance 
permitted in paragraph (c)(3) of this section.
    (3) Alcoholic content shall be expressed in the following fashion: 
``alcohol--percent by volume,'' ``alcohol by volume--percent,'' ``--
percent alcohol by volume,'' or ``--percent alcohol/volume.'' The 
abbreviations ``alc'' and ``vol'' may be used in lieu of the words 
``alcohol'' and ``volume,'' and the symbol ``%'' may be used in lieu of 
the word ``percent.''
    (c) Tolerances. (1) For malt beverages containing 0.5 percent or 
more alcohol by volume, a tolerance of 0.3 percent will be permitted, 
either above or below the stated percentage of alcohol. Any malt 
beverage which is labeled as containing 0.5 percent or more alcohol by 
volume may not contain less than 0.5 percent alcohol by volume, 
regardless of any tolerance.
    (2) For malt beverages which are labeled as ``low alcohol'' or 
``reduced alcohol'' under paragraph (d) of this section, the actual 
alcoholic content may not equal or exceed 2.5 percent alcohol by volume, 
regardless of any tolerance permitted by paragraph (c)(1) of this 
section.
    (3) For malt beverages containing less than 0.5 percent alcohol by 
volume, the actual alcoholic content may not exceed the labeled 
alcoholic content. A malt beverage may not be labeled with an alcoholic 
content of 0.0 percent alcohol by volume unless it is also labeled as 
``alcohol free'' and contains no alcohol.
    (d) Low alcohol and reduced alcohol. The terms ``low alcohol'' or 
``reduced alcohol'' may be used only on malt beverages containing less 
than 2.5 percent alcohol by volume.
    (e) Non-alcoholic. The term ``non-alcoholic'' may be used on malt 
beverages, provided the statement ``contains less than 0.5 percent (or 
.5%) alcohol by volume'' appears in direct conjunction with it, in 
readily legible printing and on a completely contrasting background.
    (f) Alcohol free. The term ``alcohol free'' may be used only on malt 
beverages containing no alcohol.

[T.D. ATF-339, 58 FR 21232, Apr. 19, 1993]



                 Subpart I--Use of the Term ``Organic''



Sec. 7.81  Use of the term ``organic.''

    (a) Use of the term ``organic'' is optional and is treated as 
``additional information on labels'' under Sec. 7.28(e).
    (b) Any use of the term ``organic'' on a malt beverage label or in 
advertising of malt beverages must comply with the United States 
Department of Agriculture's (USDA) National Organic Program rules (7 CFR 
part 205) as interpreted by the USDA.
    (c) This section applies to labels and advertising that use the term 
``organic'' on and after October 21, 2002.

[T.D. ATF-483, 67 FR 62858, Oct. 8, 2002]

[[Page 103]]



PART 8--EXCLUSIVE OUTLETS--Table of Contents




                     Subpart A--Scope of Regulations

Sec.
8.1  General.
8.2  Territorial extent.
8.3  Application.
8.4  Jurisdictional limits.
8.5  Delegations of the Director.
8.6  Administrative provisions.

                         Subpart B--Definitions

8.11  Meaning of terms.

                     Subpart C--Prohibited Practices

8.21  General.
8.22  Contracts to purchase distilled spirits, wine, or malt beverages.
8.23  Third party arrangements.

                          Subpart D--Exclusion

8.51  Exclusion, in general.
8.52  Practices which result in exclusion.
8.53  Practice not resulting in exclusion.
8.54  Criteria for determining retailer independence.

    Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C. 
3504(h).

    Source: T.D. ATF-74, 45 FR 63256, Sept. 23, 1980, unless otherwise 
noted.



                     Subpart A--Scope of Regulations



Sec. 8.1  General.

    The regulations in this part, issued pursuant to section 105 of the 
Federal Alcohol Administration Act (27 U.S.C. 205), specify arrangements 
which are exclusive outlets under section 105(a) of the Act and criteria 
for determining whether a practice is a violation of section 105(a) of 
the Act. This part does not attempt to enumerate all of the practices 
prohibited by section 105(a) of the Act. Nothing in this part shall 
operate to exempt any person from the requirements of any State law or 
regulation.

[T.D. ATF-364, 60 FR 20425, Apr. 26, 1995]



Sec. 8.2  Territorial extent.

    This part applies to the several States of the United States, the 
District of Columbia, and Puerto Rico.



Sec. 8.3  Application.

    (a) General. This part applies only to transactions between industry 
members and retailers. It does not apply to transactions between two 
industry members; for example, between a producer and a wholesaler.
    (b) Transactions involving State agencies. The regulations in this 
part apply only to transactions between industry members and State 
agencies operating as retailers as defined in this part. The regulations 
do not apply to State agencies with regard to their wholesale dealings 
with retailers.



Sec. 8.4  Jurisdictional limits.

    (a) General. The regulations in this part apply where:
    (1) The industry member requires, by agreement or otherwise, a 
retailer to purchase distilled spirits, wine, or malt beverages from 
such industry member to the exclusion in whole or in part of products 
sold or offered for sale by other persons in interstate or foreign 
commerce; and
    (2) If: (i) The requirement is made in the course of interstate or 
foreign commerce; or
    (ii) The industry member engages in the practice of using a 
requirement to such an extent as substantially to restrain or prevent 
transactions in interstate or foreign commerce in any such products; or
    (iii) The direct effect of the requirement is to prevent, deter, 
hinder, or restrict other persons from selling or offering for sale any 
such products to such retailer in interstate or foreign commerce.
    (b) Malt beverages. In the case of malt beverages, this part applies 
to transactions between a retailer in any State and a brewer, importer, 
or wholesaler of malt beverages inside or outside such State only to the 
extent that the law of such State imposes requirements similar to the 
requirements of section 5(a) of the Federal Alcohol Administration Act 
(27 U.S.C. 205(a)), with respect to similar transactions between a 
retailer in such State and a brewer, importer, or wholesaler of malt 
beverages in such State.



Sec. 8.5  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in this 
part 8 are delegated to appropriate ATF officers. These ATF officers are 
specified

[[Page 104]]

in ATF Order 1130.7, Delegation Order--Delegation of the Director's 
Authorities in 27 CFR parts 6, 8, 10 and 11. ATF delegation orders, such 
as ATF Order 1130.7, are available to any interested person by mailing a 
request to the ATF Distribution Center, P.O. Box 5950, Springfield, 
Virginia 22150-5190, or by accessing the ATF web site (http://
www.atf.treas.gov/).

[T.D. ATF-428, 65 FR 52020, Aug. 28, 2000]



Sec. 8.6  Administrative provisions.

    (a) General. The Act makes applicable the provisions including 
penalties of sections 49 and 50 of Title 15, United States Code, to the 
jurisdiction, powers and duties of the Director under this Act, and to 
any person (whether or not a corporation) subject to the provisions of 
law administered by the Director under this Act. The Act also provides 
that the Director is authorized to require, in such manner and such form 
as he or she shall prescribe, such reports as are necessary to carry out 
the powers and duties under this chapter.
    (b) Examination and subpoena. Any appropriate ATF officer shall at 
all reasonable times have access to, for the purpose of examination, and 
the right to copy any documentary evidence of any person, partnership, 
or corporation being investigated or proceeded against. An appropriate 
ATF officer shall also have the power to require by subpoena the 
attendance and testimony of witnesses and the production of all such 
documentary evidence relating to any matter under investigation, upon a 
satisfactory showing the requested evidence may reasonably be expected 
to yield information relevant to any matter being investigated under the 
Act.
    (c) Reports required by the appropriate ATF officer--(1) General. 
The appropriate ATF officer may, as part of a trade practice 
investigation of an industry member, require such industry member to 
submit a written report containing information on sponsorships, 
advertisements, promotions, and other activities pertaining to its 
business subject to the Act conducted by, or on behalf of, or benefiting 
the industry member.
    (2) Preparation. The report will be prepared by the industry member 
in letter form, executed under the penalties of perjury, and will 
contain the information specified by the appropriate ATF officer. The 
period covered by the report will not exceed three years.
    (3) Filing. The report will be filed in accordance with the 
instructions of the appropriate ATF officer.

(Approved by the Office of Management and Budget under control number 
1512-0392)

[T.D. ATF-364, 60 FR 20425, Apr. 26, 1995. Redesignated and amended by 
T.D. ATF-428, 65 FR 52020, Aug. 28, 2000]



                         Subpart B--Definitions



Sec. 8.11  Meaning of terms.

    As used in this part, unless the context otherwise requires, terms 
have the meanings given in this section. Any other term defined in the 
Federal Alcohol Administration Act and used in this part shall have the 
meaning assigned to it by that Act.
    Act. The Federal Alcohol Administration Act.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of this part by ATF Order 
1130.7, Delegation Order--Delegation of the Director's Authorities in 27 
CFR parts 6, 8, 10 and 11.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Industry member. Any person engaged in business as a distiller, 
brewer, rectifier, blender, or other producer, or as an importer or 
wholesaler, of distilled spirits, wine or malt beverages, or as a 
bottler, or warehouseman and bottler, of distilled spirits; industry 
member does not include an agency of a State or political subdivision 
thereof, or an officer or employee of such agency.
    Product. Distilled spirits, wine or malt beverages, as defined in 
the Federal Alcohol Administration Act.
    Retailer. Any person engaged in the sale of distilled spirits, wine 
or malt beverages to consumers. A wholesaler who makes incidental retail 
sales representing less than five percent of the

[[Page 105]]

wholesaler's total sales volume for the preceding two-month period shall 
not be considered a retailer with respect to such incidental sales.

T.D. ATF-74, 45 FR 63256, Sept. 23, 1980, as amended by T.D. ATF-364, 60 
FR 20425, Apr. 26, 1995; T.D. ATF-428, 65 FR 52020, Aug. 28, 2000]



                     Subpart C--Prohibited Practices



Sec. 8.21  General.

    It is unlawful for an industry member to require, by agreement or 
otherwise, that any retailer purchase distilled spirits, wine, or malt 
beverages from the industry member to the exclusion, in whole or in 
part, of products sold or offered for sale by other persons in 
interstate or foreign commerce. This prohibition includes purchases 
coerced by industry members, through acts or threats of physical or 
economic harm, as well as voluntary industry member-retailer purchase 
agreements.



Sec. 8.22  Contracts to purchase distilled spirits, wine, or malt beverages.

    Any contract or agreement, written or unwritten, which has the 
effect of requiring the retailer to purchase distilled spirits, wine, or 
malt beverages from the industry member beyond a single sales 
transaction is prohibited. Examples of such contracts are:
    (a) An advertising contract between an industry member and a 
retailer with the express or implied requirement of the purchase of the 
advertiser's products; or
    (b) A sales contract awarded on a competitive bid basis which has 
the effect of prohibiting the retailer from purchasing from other 
industry members by:
    (1) Requiring that for the period of the agreement, the retailer 
purchase a product or line of products exclusively from the industry 
member; or
    (2) Requiring that the retailer purchase a specific or minimum 
quantity during the period of the agreement.



Sec. 8.23  Third party arrangements.

    Industry member requirements, by agreement or otherwise, with non-
retailers which result in a retailer being required to purchase the 
industry member's products are within the exclusive outlet provisions. 
These industry member requirements are covered whether the agreement or 
other arrangement originates with the industry member or the third 
party. For example, a supplier enters into a contractual agreement or 
other arrangement with a third party. This agreement or arrangement 
contains an industry member requirement as described above. The third 
party, a ballclub, or municipal or private corporation, not acting as a 
retailer, leases the concession rights and is able to control the 
purchasing decisions of the retailer. The third party, as a result of 
the requirement, by agreement or otherwise, with the industry member, 
requires the retailer to purchase the industry member's products to the 
exclusion, in whole or in part, of products sold or offered for sale by 
other persons in interstate or foreign commerce. The business 
arrangements entered into by the industry member and the third party may 
consist of such things as sponsoring radio or television broadcasting, 
paying for advertising, or providing other services or things of value.

[T.D. ATF-364, 60 FR 20425, Apr. 26, 1995]



                          Subpart D--Exclusion

    Source: T.D. ATF-364, 60 FR 20425, Apr. 26, 1995, unless otherwise 
noted.



Sec. 8.51  Exclusion, in general.

    (a) Exclusion, in whole or in part occurs:
    (1) When a practice by an industry member, whether direct, indirect, 
or through an affiliate, places (or has the potential to place) retailer 
independence at risk by means of a tie or link between the industry 
member and retailer or by any other means of industry member control 
over the retailer, and
    (2) Such practice results in the retailer purchasing less than it 
would have of a competitor's product.
    (b) Section 8.52 lists practices that result in exclusion. Section 
8.53 lists practices not resulting in exclusion. Section 8.54 lists the 
criteria used for determining whether other practices can put retailer 
independence at risk.

[[Page 106]]



Sec. 8.52  Practices which result in exclusion.

    The practices specified in this section result in exclusion under 
section 105(a) of the Act. The practices specified here are examples and 
do not constitute a complete list of such practices:
    (a) Purchases of distilled spirits, wine or malt beverages by a 
retailer as a result, directly or indirectly, of a threat or act of 
physical or economic harm by the selling industry member.
    (b) Contracts between an industry member and a retailer which 
require the retailer to purchase distilled spirits, wine, or malt 
beverages from that industry member and expressly restrict the retailer 
from purchasing, in whole or in part, such products from another 
industry member.



Sec. 8.53  Practice not resulting in exclusion.

    The practice specified in this section is deemed not to result in 
exclusion under section 105(a) of the Act: a supply contract for one 
year or less between the industry member and retailer under which the 
industry member agrees to sell distilled spirits, wine, or malt 
beverages to the retailer on an ``as needed'' basis provided that the 
retailer is not required to purchase any minimum quantity of such 
product.



Sec. 8.54  Criteria for determining retailer independence.

    The criteria specified in this section are indications that a 
particular practice, other than those in Secs. 8.52 and 8.53, places 
retailer independence at risk. A practice need not meet all of the 
criteria specified in this section in order to place retailer 
independence at risk.
    (a) The practice restricts or hampers the free economic choice of a 
retailer to decide which products to purchase or the quantity in which 
to purchase them for sale to consumers.
    (b) The industry member obligates the retailer to participate in the 
promotion to obtain the industry member's product.
    (c) The retailer has a continuing obligation to purchase or 
otherwise promote the industry member's product.
    (d) The retailer has a commitment not to terminate its relationship 
with the industry member with respect to purchase of the industry 
member's products.
    (e) The practice involves the industry member in the day-to-day 
operations of the retailer. For example, the industry member controls 
the retailer's decisions on which brand of products to purchase, the 
pricing of products, or the manner in which the products will be 
displayed on the retailer's premises.
    (f) The practice is discriminatory in that it is not offered to all 
retailers in the local market on the same terms without business reasons 
present to justify the difference in treatment.



PART 9--AMERICAN VITICULTURAL AREAS--Table of Contents




                      Subpart A--General Provisions

Sec.
9.1  Scope.
9.2  Territorial extent.
9.3  Relation to parts 4 and 70 of this chapter.

                         Subpart B--Definitions

9.11  Meaning of terms.

             Subpart C--Approved American Viticultural Areas

9.21  General.
9.22  Augusta.
9.23  Napa Valley.
9.24  Chalone.
9.25  San Pasqual Valley.
9.26  Guenoc Valley.
9.27  Lime Kiln Valley.
9.28  Santa Maria Valley.
9.29  Sonoma Valley.
9.30  North Coast.
9.31  Santa Cruz Mountains.
9.32  Los Carneros.
9.33  Fennville.
9.34  Finger Lakes.
9.35  Edna Valley.
9.36  McDowell Valley.
9.37  California Shenandoah Valley.
9.38  Cienega Valley.
9.39  Paicines.
9.40  Leelanau Peninsula.
9.41  Lancaster Valley.
9.42  Cole Ranch.
9.43  Rocky Knob.
9.44  Solano County Green Valley.
9.45  Suisun Valley.
9.46  Livermore Valley.
9.47  Hudson River Region.
9.48  Monticello.
9.49  Central Delaware Valley.

[[Page 107]]

9.50  Temecula.
9.51  Isle St. George.
9.52  Chalk Hill.
9.53  Alexander Valley.
9.54  Santa Ynez Valley.
9.55  Bell Mountain.
9.56  San Lucas.
9.57  Sonoma County Green Valley.
9.58  Carmel Valley.
9.59  Arroyo Seco.
9.60  Shenandoah Valley.
9.61  El Dorado.
9.62  Loramie Creek.
9.63  Linganore.
9.64  Dry Creek Valley.
9.65  North Fork of Roanoke.
9.66  Russian River Valley.
9.67  Catoctin.
9.68  Merritt Island.
9.69  Yakima Valley.
9.70  Northern Sonoma.
9.71  Hermann.
9.72  Southeastern New England.
9.73  Martha's Vineyard.
9.74  Columbia Valley.
9.75  Central Coast.
9.76  Knights Valley.
9.77  Altus.
9.78  Ohio River Valley.
9.79  Lake Michigan Shore.
9.80  York Mountain.
9.81  Fiddletown.
9.82  Potter Valley.
9.83  Lake Erie.
9.84  Paso Robles.
9.85  Willow Creek.
9.86  Anderson Valley.
9.87  Grand River Valley.
9.88  Pacheco Pass.
9.89  Umpqua Valley.
9.90  Willamette Valley.
9.91  Walla Walla Valley.
9.92  Madera.
9.93  Mendocino.
9.94  Howell Mountain.
9.95  Clarksburg.
9.96  Mississippi Delta.
9.97  Sonoita.
9.98  Monterey.
9.99  Clear Lake.
9.100  Mesilla Valley.
9.101  The Hamptons, Long Island.
9.102  Sonoma Mountain.
9.103  Mimbres Valley.
9.104  South Coast.
9.105  Cumberland Valley.
9.106  North Yuba.
9.107  Lodi.
9.108  Ozark Mountain.
9.109  Northern Neck George Washington Birthplace.
9.110  San Benito.
9.111  Kanawha River Valley.
9.112  Arkansas Mountain.
9.113  North Fork of Long Island.
9.114  Old Mission Peninsula.
9.115  Ozark Highlands.
9.116  Sonoma Coast.
9.117  Stags Leap District.
9.118  Ben Lomond Mountain.
9.119  Middle Rio Grande Valley.
9.120  Sierra Foothills.
9.121  Warren Hills.
9.122  Western Connecticut Highlands.
9.123  Mt. Veeder.
9.124  Wild Horse Valley.
9.125  Fredericksburg in the Texas Hill Country.
9.126  Santa Clara Valley.
9.127  Cayuga Lake.
9.129  Arroyo Grande Valley.
9.130  San Ysidro District.
9.131  Mt. Harlan.
9.132  Rogue Valley.
9.133  Rutherford.
9.134  Oakville.
9.135  Virginia's Eastern Shore.
9.136  Texas Hill Country.
9.137  Grand Valley.
9.138  Benmore Valley.
9.139  Santa Lucia Highlands.
9.140  Atlas Peak.
9.141  Escondido Valley.
9.143  Spring Mountain District.
9.144  Texas High Plains.
9.145  Dunnigan Hills.
9.146  Lake Wisconsin.
9.147  Hames Valley.
9.148  Seiad Valley.
9.149  St. Helena.
9.150  Cucamonga Valley.
9.151  Puget Sound.
9.152  Malibu-Newton Canyon.
9.153  Redwood Valley.
9.154  Chiles Valley.
9.155  Texas Davis Mountains.
9.156  Diablo Grande.
9.157  San Francisco Bay.
9.158  Mendocino Ridge.
9.159  Yorkville Highlands.
9.160  Yountville.
9.162  Santa Rita Hills.
9.164  River Junction.
9.165  Applegate Valley.
9.166  Diamond Mountain District.
9.167  Red Mountain.
9.168  Fair Play.
9.170  Long Island.
9.172  West Elks.
9.173  Rockpile.
9.174  Yadkin Valley.
9.176  Capay Valley.

    Authority: 27 U.S.C. 205.

    Source: T.D. ATF-60, 44 FR 56692, Oct. 2, 1979, unless otherwise 
noted.



                      Subpart A--General Provisions



Sec. 9.1  Scope.

    The regulations in this part relate to American viticultural areas.

[[Page 108]]



Sec. 9.2  Territorial extent.

    This part applies to the several States of the United States, the 
District of Columbia, and Puerto Rico.



Sec. 9.3   Relation to parts 4 and 70 of this chapter.

    (a) Procedure. In accordance with Secs. 4.25a(e)(2) and 70.701(c) of 
this chapter, the Director shall receive petitions to establish American 
viticultural areas and shall use the informal rulemaking process, under 
5 U.S.C. 553, in establishing viticultural areas in this part.
    (b) Information to establish an American viticultural area. A 
petition, made in writing, shall contain the following information:
    (1) Evidence that the name of the viticultural area is locally and/
or nationally known as referring to the area specified in the 
application;
    (2) Historical or current evidence that the boundaries of the 
viticultural area are as specified in the application;
    (3) Evidence relating to the geographical features (climate, soil, 
elevation, physical features, etc.) which distinguish the viticultural 
features of the proposed area from surrounding areas;
    (4) The specific boundaries of the viticultural area, based on 
features which can be found on United States Geological Survey 
(U.S.G.S.) maps of the largest applicable scale; and
    (5) A copy of the appropriate U.S.G.S. map(s) with the boundaries 
prominently marked. (For U.S.G.S. maps, write the U.S. Geological 
Survey, Branch of Distribution, Box 25286, Federal Center, Denver, 
Colorado 80225. If the map name is not known, request a map index by 
State.)

[T.D. ATF-60, 44 FR 56692, Oct. 2, 1979, as amended by T.D. ATF-92, 46 
FR 46913, Sept. 23, 1981; T.D. ATF -355, 59 FR 14553, Mar. 29, 1994; 
T.D. ATF-432, 65 FR 69253, Nov. 16, 2000]



                         Subpart B--Definitions



Sec. 9.11  Meaning of terms.

    As used in this part, unless the context otherwise requires, terms 
shall have the meaning ascribed in this section.
    American. Of or relating to the several States, the District of 
Columbia, and Puerto Rico; ``State'' includes the District of Columbia 
and Puerto Rico.
    Approved map. The map used to define the boundaries of an approved 
viticultural area.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Use of other terms. Any other term defined in the Federal Alcohol 
Administration Act and used in this part shall have the same meaning 
assigned to it by the Act.
    U.S.G.S. The United States Geological Survey.
    Viticultural area. A delimited, grape-growing region distinguishable 
by geographical features, the boundaries of which have been delineated 
in subpart C of this part.



             Subpart C--Approved American Viticultural Areas



Sec. 9.21  General.

    The viticultural areas listed in this subpart are approved for use 
as appellations of origin in accordance with part 4 of this chapter.



Sec. 9.22  Augusta.

    (a) Name. The name of the viticultural area described in this 
section is ``Augusta.''
    (b) Approved maps. The approved maps for the Augusta viticultural 
area are two U.S.G.S. maps. They are titled:
    (1) ``Washington East, Missouri'', 7.5 minute quadrangle; and
    (2) ``Labadie, Missouri'', 7.5 minute quadrangle.
    (c) Boundaries. The boundaries of the Augusta viticultural area are 
located in the State of Missouri and are as follows:
    (1) The beginning point of the boundary is the intersection of the 
St. Charles County line, the Warren County line and the Franklin County 
line.
    (2) The western boundary is the St. Charles County-Warren County 
line from the beginning point to the township line identified on the 
approved maps as ``T45N/T44N.''
    (3) The northern boundary is the township line ``T45N/T44N'' from 
the

[[Page 109]]

St. Charles County-Warren County line to the range line identified on 
the approved maps as ``R1E/R2E.''
    (4) The eastern boundary is the range line ``R1E/R2E'' from township 
line ``T45N/T44N'' extended to the St. Charles County-Franklin County 
line.
    (5) The southern boundary is the St. Charles County-Franklin County 
line from the extension of range line ``R1E/R2E'' to the beginning 
point.

[T.D. ATF-72, 45 FR 41633, June 20, 1980]



Sec. 9.23  Napa Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Napa Valley.''
    (b) Approved maps. The maps showing the boundaries of the Napa 
Valley viticultural area are the:
    (1) ``Mt. St. Helena'' U.S.G.S. 7.5 minute quadrangle;
    (2) ``Detert Reservoir'' U.S.G.S. 7.5 minute quadrangle;
    (3) ``St. Helena'' U.S.G.S. 15 minute quadrangle;
    (4) ``Jericho Valley'' U.S.G.S. 7.5 minute quadrangle;
    (5) ``Lake Berryessa'' U.S.G.S. 15 minute quadrangle;
    (6) ``Mt. Vaca'' U.S.G.S. 15 minute quadrangle;
    (7) ``Cordelia'' U.S.G.S. 7.5 minute quadrangle;
    (8) ``Cuttings Wharf'' U.S.G.S. 7.5 minute quadrangle; and
    (9) Appropriate Napa County tax assessor's maps showing the Napa 
County-Sonoma County line.
    (c) Boundaries. The Napa Valley viticultural area is located within 
Napa County, California. From the beginning point at the conjuction of 
the Napa County-Sonoma County line and the Napa County-Lake County line, 
the boundary runs along--
    (1) The Napa County-Lake County line;
    (2) Putah Creek and the western and southern shores of Lake 
Berryessa;
    (3) The Napa County-Solano County line; and
    (4) The Napa County-Sonoma County line to the beginning point.

[T.D. ATF-79, 46 FR 9063, Jan. 28, 1981, as amended by T.D. ATF-201, 50 
FR 12533, Mar. 29, 1985]



Sec. 9.24  Chalone.

    (a) Name The name of the viticultural area described in this section 
is ``Chalone.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Chalone viticultural area are four U.S.G.S. 7.5 minute 
quadrangle maps. They are titled:
    (1) ``Mount Johnson, California, 1968'';
    (2) ``Bickmore Canyon, California, 1968'';
    (3) ``Soledad, California, 1955''; and
    (4) ``North Chalone Peak, California, 1969.''
    (c) Boundaries. The Chalone viticultural area includes 8640 acres, 
primarily located in Monterey County, California, with small portions in 
the north and east located in San Benito County, California. The 
boundaries of the Chalone viticultural area encompass:
    (1) Sections 35 and 36, in their entirety, of T.16 S., R.6.E.;
    (2) Sections 1, 2 and 12, in their entirety, of T.17 S., R.6 E.;
    (3) Sections 6, 7, 8, 9, 16, and 17, in their entirety, the western 
half of Section 5, and the eastern half of Section 18 of T.17 S., R.7 
E.; and
    (4) Section 31, in its entirety, and the western half of Section 32 
of T.16 S., R.7 E.

[T.D. ATF-107, 47 FR 25519, June 14, 1982]



Sec. 9.25  San Pasqual Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``San Pasqual Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries are three U.S.G.S. maps. They are entitled:
    (1) ``Escondido Quadrangle, California--San Diego County'', 7.5 
minute series;
    (2) ``San Pasqual Quadrangle, California--San Diego County'', 7.5 
minute series;
    (3) ``Valley Center Quadrangle, California--San Diego County'', 7.5 
minute series.
    (c) Boundaries. The San Pasqual Valley viticultural area is located 
in San Diego County, California.

[[Page 110]]

    (1) From the beginning point at the intersection of Interstate 15 
and the 500-foot contour line, north of the intersection of point of 
Interstate 15 and T.12 S./T.13 S., the boundary line follows the 500-
foot contour line to;
    (2) The point nearest San Pasqual Road and the 500-foot contour 
line, the boundary line follows the Escondido Corporate Boundary line to 
the 500-foot contour line on the hillock and circumnavigates said 
hillock back to the Escondido Corporate Boundary line and returns to the 
500-foot contour line nearest to San Pasqual Road and;
    (3) Continues along the 500-foot contour line completely around San 
Pasqual Valley to a point where the 500-foot contour line intersects 
with Pomerado Road, at this point, the boundary line, in a straight, 
northwesterly direction crosses over to;
    (4) The 500-foot contour line of Battle Mountain, following the 500-
foot contour line around Battle Mountain to point nearest to Interstate 
15, at which point the boundary line crosses over to Interstate 15; and
    (5) Continues northward along Interstate 15 to the point of 
beginning.

[T.D. ATF-92, 46 FR 41493, Sept. 23, 1981]



Sec. 9.26  Guenoc Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Guenoc Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Guenoc Valley viticultural area are four USGS maps. 
They are titled:
    (1) ``Middletown Quadrangle, California-Lake Co.,'' 7.5 minute 
series;
    (2) ``Jericho Valley Quadrangle, California,'' 7.5 minute series;
    (3) ``Detert Reservoir Quadrangle, California,'' 7.5 minute series; 
and
    (4) ``Aetna Springs Quadrangle, California,'' 7.5 minute series.
    (c) Boundaries. The Guenoc Valley viticultural area is located 
within Lake County, California. The beginning point of the boundary is 
Station 20 of Denton's Survey of Guenoc Rancho, presently marked by a 
1\1/2\ inch galvanized pipe located atop Jim Davis Peak. On the approved 
maps, Jim Davis Peak is the unnamed peak (elevation 1,455 feet) located 
on the western boundary of Section 35, Township 11 North, Range 6 West. 
From this beginning point the boundary runs:
    (1) South 07 deg.49[min]34[sec] East, 9,822.57 feet to the USGS 
triangulation station ``Guenoc;''
    (2) Then, South 29 deg.14[min]31[sec] West, 10,325.08 feet;
    (3) Then, South 00 deg.00[min] West, 2,100.00 feet;
    (4) Then, North 90 deg.00[min] West, 4,150.00 feet;
    (5) Then, North 24 deg.23[min]11[sec] West, 16,469.36 feet;
    (6) Then, North 75 deg.47[min]20[sec] East, 7,943.08 feet; and
    (7) Then, North 60 deg.47[min]00[sec] East, 7,970.24 feet to the 
beginning point.

[T.D. ATF-95, 46 FR 56786, Nov. 19, 1981]



Sec. 9.27  Lime Kiln Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Lime Kiln Valley.''
    (b) Approved Map. The appropriate map for determining the boundaries 
of the Lime Kiln Valley Viticultural area is: ``Paicines Quadrangle, 
California,'' 1968, 7.5 minute series.
    (c) Boundaries. The Lime Kiln Valley viticultural area is located in 
San Benito County, California. From the beginning point at the 
intersection of Thompson Creek and Cienega Road, the boundary proceeds, 
in a straight line to the summit of an unnamed peak (1,288 feet) in the 
northwest quarter of Section 28, T.14 S./R.6 E.;
    (1) Thence in a straight line from the summit of the unnamed peak 
(1,288 feet) to a point where it intersects the 1,400-foot contour line, 
by the elevation marker, in the southwest quarter of T.14 S./R.6 E, 
Section 28;
    (2) Thence following the 1,400-foot contour line through the 
following sections; Sections 28, 29, and 30, T.14 S./R.6 E.; Section 25, 
T.14 S./R.5 E.; Sections 30, 19, 20, and returning to 19, T.14 S./R.6 
E., to a point where the 1,400-foot contour line intersects with the 
section line between Sections 19 and 18, T.14 S./R.6 E.;
    (3) Thence in a straight line to the Cienega School Building along 
Cienega Road;

[[Page 111]]

    (4) Thence along Cienega Road to the point of beginning.

[T.D. ATF-106, 47 FR 24296, June 4, 1982, as amended by T.D. ATF-249, 52 
FR 5956, Feb. 27, 1987]



Sec. 9.28  Santa Maria Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Santa Maria Valley.''
    (b) Approved maps. The approved maps for the Santa Maria Valley are 
two U.S.G.S. maps entitled:
    (1) ``Santa Maria'', N.I. 10-6, 9, series V 502, scale 1: 250,000; 
and
    (2) ``San Luis Obispo'', N.I. 10-3, series V 502, scale 1: 250,000.
    (c) Boundaries. The boundaries of the Santa Maria Valley 
viticultural area are located in portions of Santa Barbara and San Luis 
Obispo Counties, California, and are as follows:
    (1) Beginning at a point east of Orcutt where Highway U.S. 101 and 
the unnamed road (known locally as Clark Road) intersects; Thence 
northerly along U.S. 101 to a point where it intersects with Highway 
166;
    (2) Thence along Highway 166 in a general easterly direction to a 
point where Highway 166 intersects with the section line at the 
southwest section of Chimney Canyon;
    (3) Thence in a straight, southerly, line to the summit of Los 
Coches Mountain (3016 feet);
    (4) Thence in a straight, southeasterly, line to the summit of Bone 
Mountain (2822 feet);
    (5) Thence in a straight, south-southwesterly, line to the 
intersection of two unnamed roads (known locally as Alisos Canyon Road 
and Foxen Canyon Road) in Foxen Canyon at the elevation marker of 1116 
feet;
    (6) Thence along the unnamed road (known locally as Foxen Canyon 
Road) in a northwesterly direction to the community of Sisquoc; and
    (7) Thence in a westerly direction along the unnamed road (known 
locally as Clark Road) to the point of beginning.

[T.D. ATF-89, 46 FR 39812, Aug. 5, 1981, as amended by T.D. ATF-216, 50 
FR 43130, Oct. 24, 1985]



Sec. 9.29  Sonoma Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Sonoma Valley.''
    (b) Approved maps. The maps showing the boundaries of the Sonoma 
valley viticultural area are entitled:
    (1) ``Cuttings Wharf, Calif.'', 1949 (photorevised 1968 and 
photoinspected 1973), 7.5 minute quadrangle;
    (2) ``Petaluma Point, Calif.'', 1959 (photorevised 1968 and 
photoinspected 1973), 7.5 minute quadrangle;
    (3) ``Sears Point, Calif.'', 1951 (photorevised 1968), 7.5 minute 
quadrangle;
    (4) ``Petaluma River, Calif.'', 1954 (photorevised 1968 and 1973), 
7.5 minute quadrangle;
    (5) ``Glen Ellen, Calif.'', 1954 (photorevised 1968 and 
photoinspected 1973), 7.5 minute quadrangle;
    (6) ``Cotati, Calif.'', 1954 (photorevised 1968 and 1973), 7.5 
minute quadrangle;
    (7) ``Santa Rosa, Calif.'', 1954 (photorevised 1968 and 1973), 7.5 
minute quadrangle;
    (8) ``Kenwood, Calif.'', 1954 (photorevised 1968 and photoinspected 
1973), 7.5 minute quadrangle; and
    (9) Appropriate Sonoma County tax assessor's maps showing the Sonoma 
County-Napa County line.
    (c) Boundaries. The Sonoma Valley viticultural area is located 
within Sonoma County, California. From the beginning point at the 
junction of Tolay Creek and San Pablo Bay, the boundary runs:
    (1) Northerly along Tolay Creek to Highway 37;
    (2) Westerly along Highway 37 to its junction with Highway 121;
    (3) Northwesterly in a straight line to the peak of Wildcat 
Mountain;
    (4) Northwesterly in a straight line to Sonoma Mountain to the 
horizontal control station at elevation 2,271 feet;
    (5) Northwesterly in a straight line to the peak of Taylor Mountain;
    (6) Northeasterly in a straight line to the point at which Los 
Alamos Road joins Highway 12;
    (7) Easterly in a straight line to the peak of Buzzard Peak;
    (8) Easterly in a straight line to the peak of Mount Hood;
    (9) Easterly in a straight line to an unnamed peak located on the 
Sonoma

[[Page 112]]

County-Napa County line and identified as having an elevation of 2,530 
feet (This unnamed peak is located in the northeast quarter of Section 
9, Township 7 North, Range 6 West, Mt. Diablo Base and Meridian);
    (10) Southerly along the Sonoma County-Napa County line to the point 
at which Sonoma Creek enters San Pablo Bay; and
    (11) Southwesterly along the shore of San Pablo Bay to the beginning 
point.

[T.D. ATF-96, 46 FR 59238, Dec. 4, 1981, as amended by T.D. ATF-201, 50 
FR 12533, Mar. 29, 1985; T.D. ATF-249, 52 FR 5956, Feb. 27, 1987]



Sec. 9.30  North Coast.

    (a) Name. The name of the viticultural area described in this 
section is ``North Coast.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the North Coast viticultural area are three U.S.G.S. maps. 
They are entitled:
    (1) ``San Francisco, Cal.'', scaled 1:250,000, edition of 1956, 
revised 1980;
    (2) ``Santa Rosa, Cal.'', scaled 1:250,000, edition of 1958, revised 
1970; and
    (3) ``Ukiah, Cal.'', scaled 1:250,000, edition of 1957, revised 
1971.
    (c) Boundaries. The North Coast viticultural area is located in 
Lake, Marin, Mendocino, Napa, Solano, and Sonoma Counties, California. 
The beginning point is found on the ``Santa Rosa, California'' U.S.G.S. 
map at the point where the Sonoma and Marin County boundary joins the 
Pacific Ocean.
    (1) Then east and southeast following the boundary between Marin and 
Sonoma Counties to the point where Estero Americano/Americano Creek 
crosses State Highway 1 east of Valley Ford;
    (2) Then southeast in a straight line for approximately 22.0 miles 
to the peak of Barnabe Mountain (elevation 1466 feet);
    (3) Then southeast in a straight line for approximately 10.0 miles 
to the peak of Mount Tamalpais (western peak, elevation 2604 feet);
    (4) Then northeast in a straight line for approximately 5.8 miles to 
the confluence of San Rafael Creek and San Rafael Bay in San Rafael;
    (5) Then north and northeast following San Rafael Bay and San Pablo 
Bay to Sonoma Creek;
    (6) Then north following Sonoma Creek to the boundary between Napa 
and Solano Counties;
    (7) Then east and north following the boundary between Napa and 
Solano Counties to the right-of-way of the Southern Pacific Railroad in 
Jameson Canyon;
    (8) Then east following the right-of-way of the Southern Pacific 
Railroad to the junction with the Southern Pacific in Suisun City;
    (9) Then north in a straight line for approximately 5.5 miles to the 
extreme southeastern corner of Napa County;
    (10) Then north following the boundary between Napa and Solano 
Counties to the Monticello Dam at the eastern end of Lake Berryessa;
    (11) Then following the south and west shore of Lake Berryessa to 
Putah Creek;
    (12) Then northwest following Putah Creek to the boundary between 
Napa and Lake Counties;
    (13) Then northwest in a straight line for approximately 11.4 miles 
to the peak of Brushy Sky High Mountain (elevation 3196 feet);
    (14) Then northwest in a straight line for approximately 5.0 miles 
to Bally Peak (elevation 2288 feet);
    (15) Then northwest in a straight line for approximately 6.6 miles 
to the peak of Round Mountain;
    (16) Then northwest in a straight line for approximately 5.5 miles 
to Evans Peak;
    (17) Then northwest in a straight line for approximately 5.0 miles 
to Pinnacle Rock Lookout;
    (18) Then northwest in a straight line for approximately 8.0 miles 
to Youngs Peak (elevation 3683 feet);
    (19) Then northwest in a straight line for approximately 11.2 miles 
to the peak of Pine Mountain (elevation 4057 feet);
    (20) Then northwest in a straight line for approximately 12.1 miles 
to the peak of Sanhedrin Mountain (elevation 6175 feet);
    (21) Then northwest in a straight line for approximately 9.4 miles 
to the peak of Brushy Mountain (elevation 4864 feet);

[[Page 113]]

    (22) Then southwest in a straight line for approximately 17.6 miles 
to the confluence of Redwood Creek and the Noyo River;
    (23) Then west following the Noyo River to its mouth at the Pacific 
Ocean;
    (24) Then southeast following the Pacific Ocean shoreline to the 
point of beginning.

[T.D. ATF-145, 48 FR 42977, Sept. 21, 1983]



Sec. 9.31  Santa Cruz Mountains.

    (a) Name. The name of the viticultural area described in this 
section is ``Santa Cruz Mountains.''
    (b) Approved maps. The 24 approved U.S.G.S. maps for determining the 
boundaries are 23 7.5 minute scale and one 5 x 11 minute scale.
    (1) ``Ano Nuevo Quadrangle, California'';
    (2) ``Big Basin Quadrangle, California'';
    (3) ``Castle Rock Ridge Quadrangle, California'';
    (4) ``Cupertino Quadrangle, California'';
    (5) ``Davenport Quadrangle, California--Santa Cruz County'';
    (6) ``Felton Quadrangle, California--Santa Cruz County'';
    (7) ``Franklin Point Quadrangle, California'';
    (8) ``Half Moon Bay Quadrangle, California--San Mateo County'';
    (9) ``La Honda Quadrangle, California-- San Mateo County'';
    (10) ``Laurel Quadrangle, California'';
    (11) ``Loma Prieta Quadrangle, California'';
    (12) ``Los Gatos Quadrangle, California'';
    (13) ``Mt. Madonna Quadrangle, California'';
    (14) ``Mindego Hill Quadrangle, California'';
    (15) ``Morgan Hill Quadrangle, California--Santa Clara County'';
    (16) ``Palo Alto Quadrangle, California'';
    (17) ``San Gregorio Quadrangle, California--San Mateo County'';
    (18) ``San Mateo Quadrangle, California--San Mateo County'';
    (19) ``Santa Teresa Hills Quadrangle--Santa Clara County'';
    (20) ``Soquel Quadrangle, California--Santa Cruz County'';
    (21) ``Watsonville East Quadrangle, California'';
    (22) ``Watsonville West Quadrangle, California'';
    (23) ``Woodside Quadrangle, California--San Mateo County''; and
    (24) One 5 x 11 minute series map entitled: ``Santa Cruz, 
California.''
    (c) Boundaries. The Santa Cruz Mountains viticultural area is 
located in portions of San Mateo, Santa Clara, and Santa Cruz Counties, 
California.
    (1) From the beginning point where Highway 92 and the 400-foot 
contour line intersect (Half Moon Bay Quadrangle), the boundary line 
follows Highway 92, beginning in a southeasterly direction, to a point 
where Highway 92 and the 400-foot contour line intersect (San Mateo 
Quadrangle);
    (2) Thence along the 400-foot contour line, beginning in a 
southeasterly direction, to a point where the 400-foot contour line and 
Canada Road intersect (Woodside Quadrangle);
    (3) Thence along Canada Road, beginning in a southerly direction, to 
a point where Canada Road and Highway 280 intersect (Woodside 
Quadrangle);
    (4) Thence along Highway 280, beginning in a southeasterly 
direction, to a point where Highway 280 and 84 intersect (Palo Alto 
Quadrangle);
    (5) Thence along Highway 84, beginning in a southwesterly direction, 
to a point where Highway 84 and Mountain Home Road intersect (Woodside 
Quadrangle);
    (6) Thence along Mountain Home Road, beginning in a southerly 
direction, to a point where Mountain Home Road and Portola Road 
intersect (Palo Alto Quadrangle);
    (7) Thence along Portola Road, beginning in a westerly direction, to 
a point where Portola Road and Highway 84 intersect (Woodside 
Quadrangle);
    (8) Thence along Highway 84, beginning in a southwesterly direction, 
to a point where Highway 84 and the 600-foot contour line intersect 
(Woodside Quadrangle);
    (9) Thence along the 600-foot contour line, beginning in a 
northeasterly direction, to a point where the 600-foot contour line and 
Regnart Road intersect (Cupertino Quadrangle);
    (10) Thence along Regnart Road, beginning in a northeasterly 
direction, to

[[Page 114]]

a point where Regnart Road and the 400-foot contour line intersect 
(Cupertino Quadrangle);
    (11) Thence along the 400-foot contour line, beginning in a 
southerly direction, to a point where the 400-foot contour line and the 
north section line of Section 35, T. 6 S./R. 2 W, intersect (Cupertino 
Quadrangle);
    (12) Thence along the north section line of Sections 35 and 36, in 
an easterly direction, to a point where the section line and Highway 85 
intersect (Cupertino Quadrangle);
    (13) Thence along Highway 85, in a southerly direction, to a point 
where Highway 85 and the southern section line of Section 36 intersect 
(Cupertino Quadrangle);
    (14) Thence along the section line, in a westerly direction, to a 
point where the section line and the 600-foot contour line intersect 
(Cupertino Quadrangle);
    (15) Thence along the 600-foot contour line, beginning in a 
southerly direction, to a point where the 600-foot contour line and 
Pierce Road intersect (Cupertino Quadrangle);
    (16) Thence along Pierce Road, in a southerly direction, to a point 
where Pierce Road and the 800-foot contour line intersect (Cupertino 
Quadrangle);
    (17) Thence along the 800-foot line, beginning in a northwesterly 
direction, to a point where the 800-foot contour line and the east 
section line of Section 25, T. 10 S./R. 2 E., intersect (Mt. Madonna 
Quadrangle);
    (18) Thence along the east section line, in a southerly direction, 
to a point where this section line and the 800-foot contour line 
intersect (Mt. Madonna Quadrangle);
    (19) Thence along the 800-foot contour line, beginning in a 
southeasterly direction, to a point where the 800-foot contour line and 
Highway 152 intersect (Watsonville East Quadrangle);
    (20) Thence along Highway 152, in a southwesterly direction, to a 
point where Highway 152 and the 400-foot contour line intersect 
(Watsonville East Quadrangle);
    (21) Thence along the 400-foot contour line, beginning in a 
northwesterly direction, to a point where the 400-foot contour line and 
the Felton Empire Road intersect (Felton Quadrangle);
    (22) Thence along Felton Empire Road, in an easterly direction, to a 
point where Felton Empire Road and Highway 9 intersect (Felton 
Quadrangle);
    (23) Thence along Highway 9, in a southerly direction, to a point 
where Highway 9 and Bull Creek intersect (Felton Quadrangle);
    (24) Thence along Bull Creek, beginning in a southwesterly 
direction, to a point where Bull Creek and the 400-foot contour line 
intersect (Felton Quadrangle); and
    (25) Thence along the 400-foot contour line, beginning in a 
southeasterly direction, back to the point of beginning.

[T.D. ATF-98, 46 FR 59240, Dec. 4, 1981]



Sec. 9.32  Los Carneros.

    (a) Name. The name of the viticultural area described in this 
section is ``Los Carneros.''
    (b) Approved maps. The approved maps for the Carneros viticultural 
area are the following U.S.G.S. maps:
    (1) ``Sonoma Quadrangle, California,'' 7.5 minute series 
(topographic), 1951 (photorevised 1968).
    (2) ``Napa Quadrangle, California--Napa Co.,'' 7.5 minute series 
(topographic), 1951 (photorevised 1968 and 1973).
    (3) ``Cuttings Wharf Quadrangle, California,'' 7.5 minute series 
(topographic), 1949 (photorevised 1968; photoinspected 1973).
    (4) ``Sears Point Quadrangle, California,'' 7.5 minute series 
(topographic), 1951 (photorevised 1968).
    (5) ``Petaluma River Quadrangle,California--Sonoma Co.,'' 7.5 minute 
series (topographic), 1954 (photorevised 1980).
    (6) ``Glen Ellen Quadrangle, California--Sonoma Co.,'' 7.5 minute 
series (topographic), 1954 (photorevised 1980).
    (c) Boundaries. The boundaries of the Carneros viticultural area are 
located in Napa and Sonoma Counties, California, and are as follows:
    (1) The point of beginning is the intersection of highway 12/121 and 
the Napa County-Sonoma County line, near the extreme southeast corner of 
the Sonoma Quadrangle map.

[[Page 115]]

    (2) From there, following the Napa County-Sonoma County line 
generally northwestward for about 1.6 miles to the summit of an unnamed 
hill with a marked elevation of 685 ft.
    (3) From there in a straight line northeastward to the summit of 
Milliken Peak (743 ft.), located on the Napa Quadrangle map.
    (4) From there due eastward to the 400 ft. contour line.
    (5) Then following that contour line generally northwestward to 
Carneros Creek (on the Sonoma Quadrangle map).
    (6) Then following the same contour line generally southeastward to 
the range line R. 5 W/R. 4 W (on the Napa Quadrangle map).
    (7) Then continuing to follow the same contour line generally 
northward for about one mile, till reaching a point due west of the 
summit of an unnamed hill having a marked elevation of 446 ft. (That 
hill is about .8 mile southwest of Browns Valley School.)
    (8) From that point due eastward to the summit of that hill.
    (9) From there in a straight line northeastward across Buhman Avenue 
to the summit of an unnamed hill having a marked elevation of 343 ft.
    (10) From there due eastward to the Napa-Entre Napa land grant 
boundary.
    (11) Then northeastward along that land grant boundary to Browns 
Valley Road.
    (12) Then eastward along Browns Valley Road to Highway 29.
    (13) Then southward along Highway 29 to Imola Avenue.
    (14) Then eastward along Imola Avenue to the Napa River.
    (15) Then generally southward along the west bank of the Napa River 
to the Southern Pacific Railroad tracks
    (16) Then generally westward and northwestward along the Southern 
Pacific Railroad tracks to their intersection with the township line T. 
5 N./T. 4 N. (on the Sears Point Quadrangle map).
    (17) From there due westward to the Northwestern Pacific Railroad 
tracks.
    (18) Then generally southward along the Northwestern Pacific 
Railroad tracks to Highway 37.
    (19) The westward along Highway 37 to its intersection with Highway 
121.
    (20) From there northwestward in a straight line to the summit of 
Wildcat Mountain (682 ft.).
    (21) From there northwestward, following a straight line toward the 
summit of Sonoma Mountain (2295 ft.--on the Glenn Ellen Quadrangle map) 
till reaching a point due west of the intersection of Lewis Creek with 
the 400-ft. contour line. (That point is about 4\1/3\ miles southeast of 
Sonoma Mountain.)
    (22) From that point due eastward to Lewis Creek.
    (23) Then generally southeastward along Lewis Creek to Felder Creek.
    (24) Then generally eastward along Felder Creek to Leveroni Road (on 
the Sonoma Quadrangle map).
    (25) Then generally eastward along Leveroni Road to Napa Road.
    (26) Then eastward and southeastward along Napa Road to Highway 12/
121.
    (27) Then eastward along Highway 12/121 to the starting point.

[T.D. ATF-142, 48 FR 37368, Aug. 18, 1983, as amended by T.D. ATF-249, 
52 FR 5956, Feb. 27, 1987]



Sec. 9.33  Fennville.

    (a) Name. The name of the viticultural area described in this 
section is ``Fennville.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Fennville Viticultural Area are three U.S.G.S. maps. 
They are entitled:
    (1) ``Fennville Quadrangle, Michigan-Allegan County,'' 15 minute 
series;
    (2) ``Bangor Quadrangle, Michigan,'' 15 minute series; and
    (3) ``South Haven Quadrangle, Michigan,'' 15 minute series.
    (c) Boundaries. The Fennville viticultural area is primarily located 
in the southwestern portion of Allegan County, Michigan, with a small 
finger extending into the northwest corner of Van Buren County, 
Michigan.
    (1) The western boundary is the eastern shore of Lake Michigan, 
extending from the Black River, at the City of South Haven, north to the 
Kalamazoo River.
    (2) The northern boundary is the Kalamazoo River, extending easterly

[[Page 116]]

from Lake Michigan to 86 deg.5[min] west longitude.
    (3) The eastern boundary is the 86 deg.5[min] west longitude 
meridian, extending from the Kalamazoo River to the intersection of the 
Middle Fork of the Black River.
    (4) The southern boundary is the Middle Fork of the Black River 
extending westerly from 86 deg.5[min] west longitude until it joins the 
Black River, continuing west along the Black River to the eastern shore 
of Lake Michigan.

[T.D. ATF-91, 46 FR 46320, Sept. 18, 1981]



Sec. 9.34  Finger Lakes.

    (a) Name. The name of the viticultural area described in this 
section is ``Finger Lakes.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Finger Lakes viticultural area are two U.S.G.S. maps 
scaled 1:250,000. They are entitled:
    (1) ``Rochester,'' Location diagram NK 18-1, 1961; and
    (2) ``Elmira,'' Location diagram NK 18-4, 1968.
    (c) Boundaries. The boundaries of the Finger Lakes viticultural 
area, based on landmarks and points of reference found on the approved 
maps, are as follows:
    (1) Starting at the most northwest point, the intersection of the 
Erie Canal and the north/south Conrail line south of the City of 
Rochester.
    (2) Then east along the course of the Erie Canal approximately 56 
miles (45 miles due east) to the intersection of New York State Highway 
89 (NY-89).
    (3) Then south on NY-89 four miles to the intersection of highway 
US-20.
    (4) Then east on US-20 for 36 miles to the intersection of 
interstate 81 (I-81).
    (5) Then south along I-81 for ten miles to NY-281.
    (6) Then south along NY-281 for 20 miles around the western city 
limits of Cortland where NY-281 becomes NY-13.
    (7) Then continuing southwest on NY-13 (through the cities of Dryden 
and Ithaca) approximately 36 miles to the intersection of NY-224.
    (8) Then due west one mile to the southern boundary of Schuyler 
County.
    (9) Then continuing west along this county line 20 miles to the 
community of Meads Creek.
    (10) Then north along the Schuyler-Steuben county line four miles to 
the major east-west power line.
    (11) Then west along the power line for eight miles to the 
intersection of NY-17 (four miles southeast of the community of Bath).
    (12) Then northwest on NY-17 approximately nine miles to the 
intersection of I-390.
    (13) Then northwest on I-390 for 21 miles to the intersection of NY-
36.
    (14) Then north for two miles through the community of Dansville to 
NY-63.
    (15) Then northwest on NY-63 approximately 18 miles to the 
intersection of NY-39, just south of Genesco.
    (16) Then north on NY-39 nine miles to the intersection where the 
west and north/south Conrail lines meet at the community of Avon.
    (17) Then north along the north/south Conrail line for 15 miles to 
the beginning point at the intersection of the Erie Canal.

[T.D. ATF-113, 47 FR 38518, Sept. 1, 1982, as amended by T.D. ATF-249, 
52 FR 5956, Feb. 27, 1987]



Sec. 9.35  Edna Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Edna Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Edna Valley viticultural area for four U.S.G.S. maps, 
They are titled:
    (1) ``San Luis Obispo Quadrangle, California--San Luis Obispo Co.,'' 
7.5 minute series;
    (2) ``Lopez Mtn, Quadrangle, California--San Luis Obispo Co.,'' 7.5 
minute series;
    (3) ``Pismo Beach Quadrangle, California--San Luis Obispo Co.,'' 7.5 
minute series; and
    (4) ``Arroyo Grande NE Quadrangle, California--San Luis Obispo 
Co.'', 7.5 minute series.
    (c) Boundaries. The Edna Valley viticultural area is located in San 
Luis Obispo County, California. The beginning point is Cuesta Canyon 
County Park, located on U.S.G.S. map ``San Luis Obispo Quadrangle'' at 
the north end of Section 25, Township 30 South, Range 12 East.
    (1) From the beginning point, the boundary runs southwesterly along 
San

[[Page 117]]

Luis Obispo Creek to a point .7 mile southerly of the confluence with 
Davenport Creek;
    (2) Thence due east to the intersection with the 400-foot contour 
line of the northeastern flank of the San Luis Range;
    (3) Thence in a generally easterly and then a southeasterly 
direction along this 400-foot contour line of the northeastern flank of 
the San Luis Range, which forms the southwestern rim of Edna Valley, to 
the township line identified as ``T31S/T32S'' on the U.S.G.S. map;
    (4) Thence east along township line ``T31S/T32S'', across Price 
Canyon to Tiber;
    (5) Thence in a generally easterly direction along the 400-foot 
contour line of Tiber Canyon and the southern rim of Canada Verde, 
crossing Corbit Canyon Road and continuing along the 400-foot contour 
line to longitude line 120 deg.32[min]30[sec];
    (6) Thence north along longitude line 120 deg.32[min]30[sec] to the 
600-foot contour line of the southwestern flank of the Santa Lucia 
Mountain Range;
    (7) Thence in a generally northwesterly direction along the 600-foot 
contour line of the southwestern flank of the Santa Lucia Range to 
Cuesta Canyon County Park, the beginning point.

[T.D. ATF-101, 47 FR 20299, May 12, 1982, as amended by T.D. ATF-249, 52 
FR 5956, Feb. 27, 1987]



Sec. 9.36  McDowell Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``McDowell Valley.''
    (b) Approved maps. The appropriate map for determining the 
boundaries of the McDowell Valley viticultural area is a USGS map. That 
map is titled: ``Hopland Quadrangle California'' 7.5 minute series.
    (c) Boundaries. (1) Beginning at the northwest corner of Section 22 
T13N R11W.
    (2) Then southerly along the section line between Sections 22 and 21 
approximately 1700 feet to the intersection of the section line and the 
ridge line (highest elevation line) between the McDowell Creek Valley 
and the Dooley Creek Valley.
    (3) Then southeasterly along the ridge line (highest elevation line) 
to the intersection of the ridge line and the 1000-foot contour line in 
Section 27.
    (4) Then southeasterly and on the McDowell Creek Valley side of the 
ridge along the 1000-foot contour line to the intersection of the 1000-
foot contour line and the south section line of Section 27.
    (5) Then easterly along the section line between Sections 27 and 34 
and between Sections 26 and 35 to the intersection of the section line 
and the centerline of Younce Road.
    (6) Then southeasterly and then northeasterly along Younce Road to 
the intersection of Younce Road and the section line between Sections 26 
and 35.
    (7) Then due north from the section line, across Coleman Creek 
approximately 1250 feet, to the 1000-foot contour line.
    (8) Then westerly and then meandering generally to the north and 
east along the 1000-foot contour line to the intersection of the 1000-
foot contour line and section line between Sections 26 and 25.
    (9) Then continuing along the 1000-foot countour line easterly and 
then northwesterly in Section 25 to the intersection of the 1000-foot 
contour line and the section line between Sections 26 and 25.
    (10) Then northerly along the 1000-foot contour line to the 
intersection of the 1000-foot contour line and the section line between 
Sections 23 and 24.
    (11) Then northerly along the section line across State Highway 175 
approximately 1000 feet to the intersection of the section line and the 
1000-foot contour line.
    (12) Then generally to the northwest along the 1000-foot contour 
line through Sections 23 and 14 and into Section 15 to the intersection 
of the 1000-foot contour line and the flowline of an unnamed creek near 
the northeast corner of Section 15.
    (13) Then southwesterly and down stream along the flowline of said 
unnamed creek and across Section 15, to the stream's intersection with 
the section line between Sections 15 and 16.

[[Page 118]]

    (14) Then southerly along the section approximately 100 feet to the 
northwest corner of Section 22 and to the point of beginning.

[T.D. ATF-97, 46 FR 59243, Dec. 4, 1981, as amended by T.D. ATF-249, 52 
FR 5956, Feb. 27, 1987]



Sec. 9.37  California Shenandoah Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Shenandoah Valley'' qualified by the word ``California'' in 
direct conjunction with the name ``Shenandoah Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the California Shenandoah Valley viticultural area are two 
1962 U.S.G.S. maps. The maps are titled: ``Fiddletown Quadrangle 
California'' 7.5 minute series and ``Amador City Quadrangle California-
Amador Co.'' 7.5 minute series.
    (c) Boundaries. The Shenandoah Valley viticultural Area is located 
in portions of Amador and El Dorado Counties of California. The 
boundaries are as follows:
    (1) Beginning at the point where the Consumnes River meets Big 
Indian Creek.
    (2) Then south, following Big Indian Creek, until Big Indian Creek 
meets the boundary between Sections 1 and 2 of Township 7 North Range 10 
East.
    (3) Then following this boundary south until it meets the Oleta 
(Fiddletown) Road.
    (4) Then following the Oleta Road east until it meets the boundary 
between Sections 6 and 5 of Township 7 North Range 11 East.
    (5) Then following that boundary north into Township 8 North Range 
11 East, and continues north on the boundary between Sections 31 and 32 
until this boundary meets Big Indian Creek.
    (6) Then following Big Indian Creek in a northeasterly direction 
until Big Indian Creek meets the boundary between Sections 28 and 27 of 
Township 8 North Range 11 East.
    (7) Then following this boundary north until it reaches the 
southeast corner of Section 21 of Township 8 North Range 11 East.
    (8) The boundary then proceeds east, then north, then west along the 
boundary of the western half of Section 22 of Township 8 North Range 11 
East to the intersection of Sections 16, 15, 21, and 22.
    (9) Then proceeding north along the boundary line between Sections 
16 and 15 of Township 8 North Range 11 East and continues north along 
the boundary of Sections 9 and 10 of Township 8 North Range 11 East to 
the intersection of Sections 9, 10, 3, and 4 of Township 8 North Range 
11 East.
    (10) Then proceeding west along the boundary of Sections 9 and 4.
    (11) Then continuing west along the boundary of Sections 5 and 8 of 
Township 8 North Range 11 East to the Consumnes River.
    (12) Then the boundary proceeds west along the Consumnes River to 
the point of the beginning.

[T.D. ATF-121, 47 FR 57696, Dec. 28, 1982, as amended by T.D. ATF-249, 
52 FR 5957, Feb. 27, 1987]



Sec. 9.38  Cienega Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Cienega Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Cienega Valley viticultural area are four U.S.G.S. 
maps. They are titled:
    (1) ``Hollister Quadrangle, California,'' 7.5 minute series (1971);
    (2) ``Tres Pinos Quadrangle, California,'' 7.5 minute series (1971);
    (3) ``Mt. Harlan Quadrangle, California,'' 7.5 minute series (1968); 
and
    (4) ``Paicines Quadrangle, California,'' 7.5 minute series (1968).
    (c) Boundaries. The Cienega Valley viticultural area is located in 
San Benito County, California. The beginning point is the Gaging 
Station, located on U.S.G.S. map ``Paicines Quadrangle'' in the 
southeast portion of Section 21, Township 14 South, Range 6 East.
    (1) From the beginning point, the boundary follows the Pescadero 
Creek Bed in a southeasterly direction about 100 feet to the unimproved 
road and continues southwesterly on the unimproved road .5 mile to where 
it intersects with the south border of Township 14 South, Range 6 East, 
Section 21;

[[Page 119]]

    (2) Thence in a straight line to the southwest portion of Section 
28, Township 14 South, Range 6 East, where the 1400-foot contour line 
intersects the south border of Section 28;
    (3) Thence following the 1400-foot contour line through the 
following sections; Sections 28, 29, and 30, Township 14 South, Range 6 
East; Section 25, Township 14 South, Range 5 East; Sections 30, 19, 20, 
and returning to 19, Township 14 South, Range 6 East, to a point where 
the 1400-foot contour line intersects with the section line between 
Sections 19 and 18, Township 14 South, Range 6 East;
    (4) Thence in a straight line due north to the intersection with the 
1200-foot contour line in Section 18, Township 14 South, Range 6 East;
    (5) Thence following the 1200-foot contour line in a generally 
northwesterly direction to where it intersects with the north boundary 
of Township 14 South, Range 5 East, Section 10; then following this 
boundary line in a northwesterly direction to where this boundary 
intersects with the 1600-foot contour line; thence following the 1600-
foot contour line in a generally northerly direction to where it 
intersects with the unimproved road;
    (6) Thence looping southward along the unimproved road and 
continuing on in an easterly direction past the designated ``Spring'' 
and then in a northeasterly direction parallel with the Gulch to the 
Vineyard School on Cienega Road; thence in a southeasterly direction on 
Cienega Road .4 mile to where the unimproved road intersects; thence 
traveling north and following the unimproved road in a northwesterly 
direction about 5. mile; then looping in an easterly direction .75 mile 
to the intersection of the unimproved road and branching in a 
southeasterly direction;
    (7) Thence crossing Township 13 South to Township 14 South and 
following the unimproved road to the intersection of the western border 
of Township 14 South, Range 6 East, Section 6; thence south to the 
northwest corner of Section 7;
    (8) Thence continuing in a straight diagonal line to the southeast 
corner of Township 14 South, Range 6 East, Section 7; thence from the 
southeast corner of Section 7 .25 mile west to where it intersects with 
an unimproved road;
    (9) Thence following this unimproved road in a southeasterly 
direction to the Gaging Station, the point of beginning.

[T.D. ATF-109, 47 FR 36126, Aug. 19, 1982]



Sec. 9.39  Paicines.

    (a) Name. The name of the viticultural area described in this 
section is ``Paicines.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Paicines viticultural area are the three U.S.G.S. 
maps. They are titled:
    (1) ``Tres Pinos Quadrangle, California,'' 7.5 minute series (1971);
    (2) ``Paicines Quadrangle, California,'' 7.5 minute series (1968); 
and
    (3) ``Cherry Peak Quadrangle, California,'' 7.5 minute series 
(1968).
    (c) Boundaries. The Paicines viticultural area is located in San 
Benito County, California. The beginning point is the northwestern-most 
point of the proposed area at Township 14 South, Range 6 East, Section 
3, northwest corner, located on U.S.G.S. map ``Tres Pinos Quadrangle.''
    (1) From the beginning point the boundary runs east along the north 
border of Sections 3, 2, and 1, Township 14 South, Range 6 East;
    (2) Thence south along the east border of Section 1, Township 14 
South, Range 6 East; thence east along the north border of Section 7, 
Township 14 South, Range 7 East; thence south along the east border of 
Section 7, Township 14 South, Range 7 East;
    (3) Thence continuing south along the east border of Section 18, 
Township 14 South, Range 7 East; thence east along the north border of 
Section 20, Township 14 South, Range 7 East; thence south along the east 
border of Sections 20, 29 and 32, Township 14 South, Range 7 East;
    (4) Thence continuing south along the east border of Section 5, 
Township 15 South, Range 7 East; thence south along the east border of 
Sections 8 and 17, Township 15 South, Range 7 East to latitude line 
36 deg.37[min]30[sec];
    (5) Thence west along latitude line 36 deg.37[min]30[sec] to the 
west border of Section 18, Township 15 South, Range 7 East;
    (6) Thence north along the west border of Sections 18 and 7, 
Township 15

[[Page 120]]

South, Range 7 East; thence west along the south border of Section 1, 
Township 15 South, Range 6 East; thence north along the west border of 
Section 1, Township 15 South, Range 6 East to the 800-foot elevation 
contour line and then in a generally northwest direction along this 800-
foot contour line to where it intersects with the south border of 
Section 35, Township 14 South, Range 6 East;
    (7) Thence west along the south border of Section 35, Township 14 
South, Range 6 East; thence north along the east border of Section 34, 
Township 14 South, Range 6 East; thence in a northwest direction along 
the northeast border of Section 34, Township 14 South, Range 6 East; 
thence continuing in a northwest direction along the east border of 
Section 27, Township 14 South, Range 6 East;
    (8) Thence continuing in a northwest direction to the northeast 
border of Section 22, Township 14 South, Range 6 East to where an 
unnamed, unimproved dirt road intersects the northeast border; thence 
east and then northwest along the unimproved dirt road to the 
intersection with the San Benito River; thence following the San Benito 
River and meandering north to the intersection with the east border of 
Section 4, Township 14 South, Range 6 East;
    (9) Thence continuing north along the east border of Section 4, 
Township 14 South, Range 6 East to the point of beginning.

[T.D. ATF-108, 47 FR 35481, Aug. 16, 1982]



Sec. 9.40  Leelanau Peninsula.

    (a) Name. The name of the viticultural area described in this 
section is ``Leelanau Peninsula.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Leelanau Peninsula viticultural area are four U.S.G.S. 
maps. They are entitled:
    (1) ``Empire Quadrangle, Michigan,'' 15 minute series;
    (2) ``Maple City Quadrangle, Michigan,'' 15 minute series;
    (3) ``Traverse City Quadrangle, Michigan,'' 15 minute series; and
    (4) ``Northport Quadrangle, Michigan,'' 15 minute series.
    (c) Boundaries. The Leelanau Peninsula viticultural area encompasses 
all of Leelanau County, Michigan, excluding the offshore islands.

[T.D. ATF-99, 47 FR 13329, Mar. 30, 1982]



Sec. 9.41  Lancaster Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Lancaster Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Lancaster Valley viticultural area are two U.S.G.S. 
maps. They are entitled:
    (1) ``Lancaster County, Pennsylvania'', scaled 1:50,000, edition of 
1977; and
    (2) ``Honey Brook Quadrangle'', 7.5 minute series, edition of 1955, 
photorevised 1969 and 1974.
    (c) Boundaries. The Lancaster Valley viticultural area is located in 
Lancaster County and Chester County, Pennsylvania. The beginning point 
is where Pennsylvania Highway 23 crosses the Lancaster and Berks County 
boundary.
    (1) Then in a southeasterly direction following the Lancaster County 
boundary for approximately 0.9 mile to the 500 foot contour line 
immediately south of the Conestoga River.
    (2) Then following the 500 foot contour in a southwesterly direction 
to the Caernarvon-East Earl Township boundary.
    (3) Then south approximately 0.1 mile following the Caernarvon-East 
Earl Township boundary to U.S. Highway 322.
    (4) Then west following U.S. Highway 322 for approximately 1.7 miles 
to the electric transmission line between Fetterville and Cedar Grove 
School.
    (5) Then southwest in a straight line for approximately 5.2 miles to 
the intersection of Earl, Upper Leacock, and Leacock Townships at the 
Mill Creek.
    (6) Then southeast following the boundary between Earl Township and 
Leacock Township to the point where Earl, East Earl, Salisbury, and 
Leacock Townships intersect.
    (7) Then east in a straight line for approximately 4.8 miles to the 
point where the 500 foot contour line intersects Pequea Creek northwest 
of Mt. Pleasant School.

[[Page 121]]

    (8) Then following the 500 foot contour line past Cole Hill through 
the town of Gap and along Mine Ridge to the 76 deg.07[min]30[sec] west 
longitude line in Paradise Township.
    (9) Then southwest in a straight line for approximately 7.7 miles to 
the Boehm Church south of Willow Street.
    (10) The northwest in a straight line for approximately 1.2 miles to 
the township school in West Willow.
    (11) Then west in a straight line for 4.2 miles to the confluence of 
Stehman Run and the Conestoga River.
    (12) Then northwest in a straight line for approximately 0.5 mile to 
the confluence of Indian Run and Little Conestoga Creek.
    (13) Then west following Indian Run for approximately 3.6 miles to 
the source of the more northerly branch.
    (14) Then northwest in a straight line for approximately 0.25 mile 
to the source of Wisslers Run.
    (15) Then west following Wisslers Run downstream for approximately 
0.7 mile to the 300 foot contour line.
    (16) Then north following the 300 foot contour line to its 
intersection with Pennsylvania Highway 999 in Washington Boro.
    (17) Then east following Pennsylvania Highway 999 to the school in 
Central Manor.
    (18) Then northeast in a straight line for approximately 2.7 miles 
to the point where the West Branch of the Little Conestoga Creek 
intersects with Pennsylvania Highway 462.
    (19) Then west following Pennsylvania Highway 462 for approximately 
1.5 miles to Strickler Run.
    (20) Then following Strickler Run southwest to the Columbia 
municipal boundary.
    (21) Then north following the eastern boundary of Columbia to 
Shawnee Run.
    (22) Then northeast in a straight line for approximately 5.8 miles 
to the intersection of Pennsylvania Highway 23 and Running Pump Road 
[unnamed on map] at elevation check point 436 near Centerville.
    (23) Then east following Pennsylvania Highway 23 for approximately 
0.5 mile to the 400 foot contour line.
    (24) Then following the 400 foot contour line north around Chestnut 
Ridge, past Millers Run and continuing until the 400 foot contour line 
intersects an unnamed stream.
    (25) Then due south in a straight line for approximately 0.8 mile to 
Pennsylvania Highway 23.
    (26) Then west following Pennsylvania Highway 23 to the intersection 
with Pennsylvania Highway 441 at Marietta.
    (27) Then west following Pennsylvania Highway 441 to Pennsylvania 
Highway 241 near Bainbridge.
    (28) Then northwest in a straight line for approximately 5.5 miles 
to the point where the Consolidated Railroad Corporation crosses the 
West Donegal-Mount Joy Township boundary in Rheems.
    (29) Then east in a straight line for approximately 3.3 miles to the 
Mt. Pleasant Church.
    (30) Then east in a straight line for approximately 3.8 miles to the 
Erismans Church.
    (31) Then east in a straight line for approximately 3.3 miles to the 
point where the 400 foot contour line crosses Pennsylvania Highway 72 
south of Valley View.
    (32) Then following the 400 foot contour line east to Pennsylvania 
Highway 501.
    (33) Then east in a straight line for approximately 2.9 miles to the 
Union Meetinghouse.
    (34) Then southeast in a straight line for approximately 1.0 miles 
to the point where Pennsylvania Highway 272 (indicated as U.S. Highway 
222 on the map) crosses Cocalico Creek (which forms the boundary between 
West Earl and Warwick Townships).
    (35) Then northwest following the West Earl Township boundary to its 
intersection with U.S. Highway 322 southeast of Ephrata.
    (36) Then east in a straight line for approximately 3.4 miles to the 
Lincoln Independence School.
    (37) Then southeast in a straight line for approximately 1.7 miles 
to the West Terre Hill School.
    (38) Then east in a straight line for approximately 8.5 miles to the 
beginning point.

[T.D. ATF-102, 47 FR 20301, May 12, 1982]

[[Page 122]]



Sec. 9.42  Cole Ranch.

    (a) Name. The name of the viticultural area described in this 
section is ``Cole Ranch.''
    (b) Approved map. The approved map for the Cole Ranch viticultural 
area is the U.S.G.S. map entitled ``Elledge Peak Quadrangle California--
Mendocino County,'' 7.5 minute series (topographic), 1958.
    (c) Boundaries. The boundaries of the Cole Ranch viticultural area 
are located in Mendocino County California and are as follows:
    (1) The point of beginning is the intersection of the 1480-foot-
elevation contour line with the Boonville-Ukiah Cutoff Road near the 
southest coner of section 13;
    (2) The Boundary follows the 1480-foot-elevation contour line 
southerly, then easterly, within section 24, then easterly and 
northwesterly within section 19 to its first intersection with this 
section line. The boundary proceeds due west on the north section line 
of section 19 until it intersects with the Boonville-Ukiah Cutoff Road;
    (3) The boundary follows this road northwesterly to the point of 
beginning.

[T.D. ATF-130, 48 FR 16248, Apr. 15, 1983]



Sec. 9.43  Rocky Knob.

    (a) Name. The name of the viticultural area described in this 
section is ``Rocky Knob.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Rocky Knob viticultural area are two 1968 U.S.G.S. 
maps. The maps are entitled: ``Willis Quadrangle Virginia'' 7.5 minute 
series and ``Woolwine Quadrangle Virginia'' 7.5 minute series.
    (c) Boundaries. The Rocky Knob viticultural area is located in Floyd 
and Patrick Counties in southern Virginia. The boundaries are as 
follows:
    (1) The beginning point is the intersection of Virginia State Route 
Nos. 776 and 779 at Connors Grove.
    (2) Then follow State Route No. 779 south and east to the Blue Ridge 
Parkway.
    (3) Then south on the parkway to its first intersection with State 
Route No. 758.
    (4) Then follow State Route No. 758 east to the intersection of 
State Route No. 726 at the southern boundary of the Rocky Knob 
Recreation Area.
    (5) Then follow the boundary of the Rocky Knob Recreation Area south 
then in a northeastern direction to where the boundary first intersects 
State Route No. 8.
    (6) Then from that point at State Route No. 8, proceed northeast in 
a straight line to State Route No. 719 and Widgeon Creek at a point 
about 0.7 of a mile west of the intersection of State Route Nos. 719 and 
710.
    (7) Then proceed northwest in a straight line to the intersection 
with State Route No. 710 and the Blue Ridge Parkway.
    (8) Then follow the Parkway southwest to the intersection with State 
Route No. 726.
    (9) Then turn right on State Route No. 726 and proceed 0.6 of a mile 
to a roadway at the 3308 elevation point on the map.
    (10) Then from that point, proceed west in a straight line back to 
the starting point at Connors Grove.

[T.D. ATF-124, 48 FR 1293, Jan. 12, 1983, as amended by T.D. ATF-249, 52 
FR 5957, Feb. 27, 1987]



Sec. 9.44  Solano County Green Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Green Valley'' qualified by the words ``Solano County'' in 
direct conjunction with the name ``Green Valley.'' On a label the words 
``Solano County'' may be reduced in type size to the minimum allowed in 
27 CFR 4.38(b).
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Green Valley viticultural area are two U.S.G.S. maps. 
They are titled:
    (1) ``Mt. George Quadrangle, California'', 7.5 minute series (1968); 
and
    (2) ``Cordelia Quadrangle, California'', 7.5 minute series (1968).
    (c) Boundaries. The Green Valley viticultural area is located in 
Solano County, California. The beginning point is the intersection of 
the township line identified as T6N/T5N with the westernmost point of 
the Solano County/Napa County line on the north border of Section 4, 
located on U.S.G.S. map ``Mt. George Quadrangle.''

[[Page 123]]

    (1) From the beginning point, the boundary runs in a southerly 
direction along the Napa/Solano County border to State Road 12;
    (2) Thence east along State Road 12 to where it intersects with 
Interstate 80;
    (3) Thence southwest on Interstate 80 to where it intersects with 
the Southern Pacific Railroad track;
    (4) Thence in an easterly direction along the Southern Pacific 
Railroad track to where it intersects with range line ``R3W/R2W'';
    (5) Thence due north on range line ``R3W/R2W'' to where it 
intersects with the Solano County/Napa County line;
    (6) Thence due west along the Solano County/Napa County line to the 
point of beginning.

[T.D. ATF-122, 47 FR 37922, Dec. 29, 1982]



Sec. 9.45  Suisun Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Suisun Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Suisun Valley viticultural area are four U.S.G.S. 
maps. They are titled:
    (1) ``Mt. George Quadrangle, California'', 7.5 minute series (1968);
    (2) ``Fairfield North Quadrangle, California'', 7.5 minute series 
(1973);
    (3) ``Fairfield South Quadrangle, California'', 7.5 minute series 
(1968); and
    (4) ``Cordelia Quadrangle, California'', 7.5 minute series (1968).
    (c) Boundaries. The Suisun Valley viticultural area is located in 
Solano County, California. The beginning point is the intersection of 
the Southern Pacific Railroad track with range line ``R3W/R2W'' in the 
town of Cordelia, located on U.S.G.S. map ``Cordelia Quadrangle.''
    (1) From the beginning point, the boundary runs northeast in a 
straight line to the intersection of Ledgewood Creek with township line 
``T5N/T4N'';
    (2) Thence in a straight line in a northeast direction to Bench Mark 
(BM) 19 located in the town of Fairfield;
    (3) Thence in a straight line due north to Soda Springs Creek;
    (4) Thence in a straight line in a northwest direction to the 
extreme southeast corner of Napa County located just south of Section 
34, Township 6 North, Range 2 West;
    (5) Thence due west along the Napa/Solano County border to where it 
intersects with range line ``R3W/R2W'';
    (6) Thence due south along range line ``R3W/R2W'' to the point of 
beginning.

[T.D. ATF-117, 47 FR 52997, Nov, 24, 1982]



Sec. 9.46  Livermore Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Livermore Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Livermore Valley viticultural area are seven U.S.G.S. 
maps. They are titled.
    (1) ``Dublin Quadrangle, California,'' 7.5 minute series (1980);
    (2) ``Livermore Quadrangle, California,'' 7.5 minute series (1973);
    (3) ``La Costa Valley Quadrangle, California--Alameda Co.,'' 7.5 
minute series (1968);
    (4) ``Mendenhall Springs Quadrangle, California--Alameda Co.,'' 7.5 
minute series (1971);
    (5) ``Altamont Quadrangle, California--Alameda Co.,'' 7.5 minute 
series (1968);
    (6) ``Byron Hot Springs Quadrangle, California,'' 7.5 minute series 
(1968);
    (7) ``Tassajara Quadrangle, California,'' 7.5 minute series (1968);
    (c) Boundaries. The Livermore Valley viticultural area is located in 
Alameda County, California. The beginning point is Bench Mark (BM) 425 
located along the Alameda County/Contra Costa County line in the top 
portion of U.S.G.S. map ``Dublin Quadrangle.''
    (1) From the beginning point, the boundary runs in a southeasterly 
direction along an unnamed road which crosses Interstate 580 and turns 
into Foothill Road;
    (2) Thence continuing along Foothill Road in a southeasterly 
direction to the intersection of Castlewood Drive which is located 
directly east of the Castlewood Country Club;
    (3) Thence east on Castlewood Drive to Bench Mark (BM) 333;
    (4) Thence in a straight line in a southeasterly direction to VABM 
Vern (1264) located on U.S.G.S. map ``Livermore Quadrangle'';

[[Page 124]]

    (5) Thence continuing in a southeasterly direction in a straight 
line to Bench Mark (BM) 580, located in the northeast corner of U.S.G.S. 
map ``La Costa Valley Quadrangle'';
    (6) Thence in a straight line in a southeasterly direction to the 
northeast corner of Section 15, located in the northwest portion of 
U.S.G.S. map ``Mendenhall Springs Quadrangle'';
    (7) Thence south to the southeast corner of Section 15, then east on 
the south border of Section 14, then south along the west boundary of 
Section 24;
    (8) Thence east on the south border of Sections 24 and 19 to the 
southwest corner of Section 20;
    (9) Thence north along the east boundaries of Sections 19, 18, 7, 6, 
31, 30, 19, 18, 7, 6, 31, 30, 19 and 18 located on U.S.G.S. maps 
``Mendenhall Springs Quadrangle,'' ``Altamont Quadrangle,'' and ``Byron 
Hot Springs Quadrangle'';
    (10) Thence west along the northern boundaries of Sections 18, 13, 
14, 15, and 16 to where the northern boundary line of Section 16 
intersects with the Alameda County/Contra Costa County line, located in 
the southeast corner of U.S.G.S. map ``Tassajara Quadrangle'';
    (11) Thence in a southwesterly direction along the Alameda County/
Contra Costa County line to the point of beginning.

[T.D. ATF-112, 47 FR 38520, Sept. 1, 1982]



Sec. 9.47  Hudson River Region.

    (a) Name. The name of the viticultural area described in this 
section is ``Hudson River Region.''
    (b) Approved maps. The approved maps for determining the boundaries 
of Hudson River Region viticultural area are four U.S.G.S. maps, as 
follows:
    (1) Albany (NK 18-6), scale of 1:250,000 series;
    (2) Hartford (NK 18-9), scale of 1:250,000 series;
    (3) Scranton (NK 18-8), scale of 1:250,000 series;
    (4) Binghamton (NK 18-5), scale of 1:250,000 series.
    (c) Boundary. The Hudson River Region viticultural area is located 
in New York State. The boundary is as follows:
    (1) The beginning point is the point where N.Y. Route 15 (Merritt 
Parkway) crosses the New York-Connecticut state line.
    (2) The boundary proceeds northerly along the New York-Connecticut 
state line and the New York-Massachusetts state line to the northeast 
corner of Columbia County, New York.
    (3) The boundary proceeds westerly along the Columbia County-
Rensselaer County line to the Columbia County-Greene County line in the 
Hudson River.
    (4) The boundary proceeds southerly along the Columbia County-Greene 
County line in the Hudson River to the northeast corner of Ulster 
County.
    (5) The boundary proceeds westerly along the Ulster County-Greene 
County line to N.Y. Route 214.
    (6) The boundary proceeds southerly along the eastern side of N.Y. 
Route 214 to the junction with N.Y. Route 28 in Phoenicia.
    (7) The boundary proceeds southerly along the eastern side of N.Y. 
Route 28 to the junction with N.Y. Route 28A.
    (8) The boundary proceeds southerly along the eastern side of N.Y. 
Route 28A to the intersection with the secondary, hard surface, 
southbound road leading toward Samsonville.
    (9) The boundary proceeds southerly along the eastern side of this 
southbound road through Samsonville, Tabasco, Mombaccus, Fantinekill, 
and Pataukunk to the junction with U.S. Route 209.
    (10) The boundary proceeds southerly along the eastern side of U.S. 
Route 209 to the New York-Pennsylvania state line in the Delaware River.
    (11) The boundary proceeds easterly along the Delaware River to the 
New York-New Jersey state line.
    (12) The boundary proceeds easterly along the New York-New Jersey 
state line to N.Y. Route 17.
    (13) The boundary proceeds northerly along the western side of N.Y. 
Route 17 to the junction with Interstate Route 287.
    (14) The boundary proceeds easterly along the northern side of 
Interstate Route 287 to the junction with N.Y. Route 15.
    (15) The boundary proceeds easterly along the northern side of N.Y. 
Route 15 to the beginning point.

[T.D. ATF-105, 47 FR 24294, June 4, 1982]

[[Page 125]]



Sec. 9.48  Monticello.

    (a) Name. The name of the viticultural area described in this 
section is ``Monticello.''
    (b) Approved maps. Approved maps for the Monticello viticultural 
area are three 1971 U.S.G.S. maps titled:
    (1) Charlottesville Quadrangle, Virginia: 1:250,000 minute series;
    (2) Roanoke Quadrangle, Virginia: 1:250,000 minute series; and
    (3) Washington, DC: 1:250,000 minute series.
    (c) Boundaries. (1) From Norwood, Virginia, following the Tye River 
west and northwest until it intersects with the eastern boundary of the 
George Washington National Forest;
    (2) Following this boundary northeast to Virginia Rt. 664;
    (3) Then west following Rt. 664 to its intersection with the Nelson 
County line;
    (4) Then northeast along the Nelson County line to its intersection 
with the Albemarle County line at Jarman Gap;
    (5) From this point continuing northeast along the eastern boundary 
of the Shenandoah National Park to its intersection with the northern 
Albemarle County line;
    (6) Continuing northeast along the Greene County line to its 
intersection with Virginia Rt. 33;
    (7) Follow Virginia Rt. 33 east to the intersection of Virginia Rt. 
230 at Stanardsville;
    (8) Follow Virginia Rt. 230 north to the Greene County line (the 
Conway River);
    (9) Following the Greene County line (Conway River which becomes the 
Rapidan River) southeast to its intersection with the Orange County 
line;
    (10) Following the Orange County line (Rapidan River) east and 
northeast to its confluence with the Mountain Run River;
    (11) Then following the Mountain Run River southwest to its 
intersection with Virginia Rt. 20;
    (12) Continuing southwest along Rt. 20 to the corporate limits of 
the town of Orange;
    (13) Following southwest the corporate limit line to its 
intersection with U.S. Rt. 15;
    (14) Continuing southwest on Rt. 15 to its intersection with 
Virginia Rt. 231 in the town of Gordonsville;
    (15) Then southwest along Rt. 231 to its intersection with the 
Albemarle County line.
    (16) Continuing southwest along the county line to its intersection 
with the James River;
    (17) Then following the James River to its confluence with the Tye 
River at Norwood, Virginia, the beginning point.

[T.D. ATF-164, 49 FR 2758, Jan. 23, 1984, as amended by T.D. ATF-249, 52 
FR 5957, Feb. 27, 1987; T.D. ATF-255, 52 FR 23652, June 24, 1987]



Sec. 9.49  Central Delaware Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Central Delaware Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Central Delaware Valley viticultural area are nine 
U.S.G.S. maps in the 7.5 minute series (topographic). They are titled:
    (1) Bloomsbury Quadrangle, New Jersey, 1955 (photorevised 1970).
    (2) Riegelsville Quadrangle, Pennsylvania-New Jersey, 1956 
(photorevised 1968 and 1973).
    (3) Frenchtown Quadrangle, Pennsylvania-New Jersey, 1955 
(photorevised 1970).
    (4) Lumberville Quadrangle, Pennsylvania-New Jersey, 1955 
(photorevised 1968 and 1973).
    (5) Stockton Quadrangle, New Jersey-Pennsylvania, 1954 (photorevised 
1970).
    (6) Hopewell Quadrangle, New Jersey, 1954 (photorevised 1970).
    (7) Buckingham Quadrangle, Pennsylvania--Bucks Co., 1953 
(photorevised 1968 and 1973).
    (8) Lambertville Quadrangle, Pennsylvania-New Jersey, 1953 
(photorevised 1968 and 1973).
    (9) Pennington Quadrangle, New Jersey-Pennsylvania 1954 
(photorevised 1970).
    (c) Boundary--(1) General. The Central Delaware Valley viticultural 
area is located in Pennsylvania and New Jersey. The starting point of 
the following boundary description is the summit of Strawberry Hill, 
which is located in New Jersey near the Delaware

[[Page 126]]

River about one mile northwest of Titusville, at the southern end of the 
Central Delaware Valley viticultural area. The starting point is found 
on the Lambertville Quadrangle map.
    (2) Boundary Description: (i) From the summit of Strawberry Hill 
(475 feet) in a straight line to the summit of Mt. Canoe (428 feet--on 
the Pennington Quadrangle map).
    (ii) From there due east to Mercer County Route 579 (Bear Tavern 
Road) about .2 mile south of Ackors Corner.
    (iii) Then northward along Mercer 579 to Harbourton.
    (iv) From there northwestward along Route 3 (Mount Airy-Harbourton 
Road) to the 2nd English Presbyterian Church in Mount Airy (on the 
Stockton Quadrangle map).
    (v) From there along Old York Road northward to Benchmark 157 on 
U.S. Route 202.
    (vi) From there westward along Queen Road and northwestward along 
Mount Airy Road to Dilts Corner.
    (vii) From there northwestward along Dilts Corner Road to Sandy 
Ridge Church.
    (viii) From there northwestward via Cemetary Road to Benchmark 305.
    (ix) From there northward along Covered Bridge Road to Green 
Sergeant Covered Bridge.
    (x) From there generally westward along Sanford Road to its 
intersection with Route 519 about one mile north of Rosemont.
    (xi) From there northward along Route 519 (via Kingwood, Barbertown 
and Baptistown) to Palmyra (on the Frenchtown Quadrangle map).
    (xii) From the intersection in Palmyra, in a straight line northward 
to the 487 ft. elevation point near Nishisakawick Creek.
    (xiii) From there in a straight line northwestward to Benchmark 787 
on Rt. 579 (a secondary hard surface highway, unnamed on the map).
    (xiv) From there northward along Route 579 to Benchmark 905 (on the 
Bloomsbury Quadrangle map).
    (xv) From there in a straight line westward to the 952 ft. summit 
;of Musconetcong Mountain (on the Frenchtown Quadrangle map).
    (xvi) From there in a straight line southwestward to the 836 ft. 
summit of Musconetcong Mountain (on the Riegelsville Quadrangle map).
    (xvii) From there in straight lines connecting the 838 ft., 839 ft., 
707 ft., and 386 ft. summits of Musconetcong Mountain.
    (xviii) From the 386 ft. summit of Musconetcong Mountain in a 
straight line across the Delaware River to the intersection of Routes 
611 and 212.
    (xix) From there along Route 212 to the intersection with the lane 
going up Mine Hill.
    (xx) From there in a straight line to the summit of Mine Hill (488 
feet).
    (xxi) From there in a straight line southwestward to the 522 ft. 
summit elevation point.
    (xxii) From there southeastward to the summit of Chestnut Hill (743 
feet).
    (xxiii) From there in a straight line southeastward to the 347 ft. 
summit elevation point (located south of Kintnersville near Benchmark 
173, about .1 mile west of Route 611).
    (xxiv) From there in a straight line eastward to the summit of 
Coffman Hill (826 feet).
    (xxv) From there in a straight line southeastward to the 628 ft. 
summit elevation point (about .3 mile north of Camp Davis).
    (xxvi) From there in a straight line southeastward to the point 
where Bridgeton, Nockamixon, and Tinicum Townships meet (on the 
Frenchtown Quadrangle map).
    (xxvii) From there in a straight line southward to the intersection 
of Slant Hill Road (Covered Bridge Road) and Stump Road in Smiths Corner 
(on the Lumberville Quadrangle map).
    (xxviii) From there in a straight line southeastward to the 472 ft. 
elevation point near Rocky Ridge School.
    (xxix) From there southeastward in a straight line to the 522 ft. 
elevation point on Plumstead Hill.
    (xxx) From there in a straight line to the 482 ft. elevation point 
about .7 mile northwest of Lahaska.
    (xxxi) From there in a straight line southeastward to the 352 ft. 
elevation point approximately .6 mile northeast of Lahaska.
    (xxxii) From there in a straight line to the point where a power 
transmission line crosses the 400 ft. contour line on the south side of 
Solebury

[[Page 127]]

Mountain (on the Lambertville Quadrangle map).
    (xxxiii) From there in a straight line to the tower on Bowman Hill 
in Washington Crossing State Park.
    (xxxiv) From there in a straight line across the Delaware River to 
the starting point, the summit of Strawberry Hill (475 feet).

[T.D. ATF-168, 49 FR 10117, Mar. 19, 1984, as amended by T.D. ATF-249, 
52 FR 5958, Feb. 27, 1987]



Sec. 9.50  Temecula.

    (a) Name. The name of the viticultural area described in this 
section is ``Temecula.''
    (b) Approved map. The approved maps for determining the boundary of 
the Temecula viticultural area are seven U.S.G.S. guadrangle maps in the 
7.5 minute series, as follows:
    (1) Wildomar, California, dated 1953, photorevised 1973;
    (2) Fallbrook, California, dated 1968;
    (3) Murrieta, California, dated 1953, photorevised 1979;
    (4) Temecula, California, dated 1968, photorevised 1975;
    (5) Pechanga, California, dated 1968;
    (6) Sage, California, dated 1954;
    (7) Bachelor Mountain, California, dated 1953, photorevised 1973.
    (c) Boundary. The Temecula viticultural area is located in Riverside 
County, California. The boundary is as follows:
    (1) The beginning point is the northernmost point of the Santa Rosa 
Land Grant where the Santa Rosa Land Grant boundary intersects the 
easternmost point of the Cleveland National Forest boundary.
    (2) The boundary follows the Cleveland National Forest boundary 
southwesterly to the point where it converges with the Riverside County-
San Diego County line.
    (3) The boundary follows the Riverside County-San Diego County line 
southwesterly, then southeasterly to the point where the Riverside 
County-San Diego County line diverges southward and the Santa Rosa Land 
Grant boundary continues southeasterly.
    (4) The boundary follows the Santa Rosa Land Grant boundary 
southeasterly, then northeasterly, to its intersection with the Temecula 
Land Grant boundary.
    (5) The boundary follows the Temecula Land Grant boundary 
southeasterly, then northeasterly, to its intersection with the Little 
Temecula Land Grant boundary.
    (6) The boundary follows the Little Temecula Land Grant boundary 
southeasterly to its intersection with the boundary of that portion of 
the Pechanga Indian Reservation which, until 1907, was Lot ``E'' of the 
Little Temecula Land Grant.
    (7) The boundary follows the Pechanga Indian Reservation boundary 
southeasterly, then northeasterly (including that portion of the 
Penchanga Indian Reservation in the approved viticultural area) to the 
point at which it rejoins the Little Temecula Land Grant boundary.
    (8) The boundary follows the Little Temecula Land Grant boundary 
northeasterly to its intersection with the Pauba Land Grant boundary.
    (9) The boundary follows the Pauba Land Grant boundary 
southeasterly, then northeasterly, to the north-south section line 
dividing Section 23 from Section 24 in Township 8 South, Range 2 West.
    (10) The boundary follows this section line south to the 1500-foot 
contour line.
    (11) The boundary follows the 1500-foot contour line easterly to the 
range line dividing Range 2 West from Range 1 West.
    (12) The boundary follows this range line north, across California 
State Highway 71/79, to the 1400-foot contour line of Oak Mountain.
    (13) The boundary follows the 1400-foot contour line around Oak 
Mountain to its intersection with the 117 deg.00[min] West longitude 
meridian.
    (14) The boundary follows the the 117 deg.00[min] West longitude 
meridian north to its intersection with the Pauba Land Grant boundary.
    (15) The boundary follows the Pauba Land Grant boundary 
northwesterly, then west, then south, then west, to Warren Road (which 
coincides with the range line dividing Range 1 West from Range 2 West).
    (16) The boundary follows Warren Road north to an unnamed east-west,

[[Page 128]]

light-duty, hard or improved surface road (which coincides with the 
section line dividing Section 12 from Section 13 in Township 7 South, 
Range 2 West).
    (17) The boundary follows this road west to the north-south section 
line dividing Section 13 from Section 14 in Township 7 South, Range 2 
West.
    (18) The boundary follows this section line south to its 
intersection with Buck Road (which coincides with the east-west section 
line on the southern edge of Section 14 in Township 7 South, Range 2 
West).
    (19) The boundary follows Buck Road west to the point where it 
diverges northwesterly from the section line on the southern edge of 
Section 14 in Township 7 South, Range 2 West.
    (20) The boundary follows this section line west, along the southern 
edges of Sections 14, 15, 16, 17, and 18 in Township 7 South, Range 2 
West, to Tucalota Creek.
    (21) The boundary follows Tucalota Creek southerly to Santa 
Gertrudis Creek.
    (22) The boundary follows Santa Gertrudis Creek southwesterly to 
Murrieta Creek.
    (23) The boundary proceeds northwesterly along the westernmost 
branches of Murrieta Creek to its intersection with Hayes Avenue, 
northwest of Murrieta, California.
    (24) The boundary follows Hayes Avenue northwesterly, approximately 
4,000 feet, to its terminus at an unnamed, unimproved, fair or dry 
weather road.
    (25) The boundary follows this road southwesterly to Murrieta Creek.
    (26) The boundary proceeds northwesterly along the westernmost 
branches of Murrieta Creek to its intersection with Orange Street in 
Wildomar, California.
    (27) From the intersection of Murrieta Creek and Orange Street in 
Wildomar, California, the boundary proceeds in a straight line to the 
beginning point.

[T.D. ATF-188, 49 FR 42566, Oct. 23, 1984; 49 FR 43455, Oct. 29, 1984, 
as amended by T.D. ATF-221, 51 FR 750, Jan. 8, 1986; T.D. ATF-249, 52 FR 
5958, Feb. 27, 1987]



Sec. 9.51  Isle St. George.

    (a) Name. The name of the viticultural area described in this 
section is ``Isle St. George.''
    (b) Approved maps. The approved map for determining the boundary of 
the Isle St. George viticultural area is the U.S.G.S. quadrangle map, 
``Put-in-Bay, Ohio'', 7.5 minute series, edition of 1969.
    (c) Boundaries. The Isle St. George viticultural area is located 
entirely within Ottawa County, Ohio. The boundary of the Isle St. George 
viticultural area is the shoreline of the island named ``North Bass 
Island'' on the ``Put-in-Bay, Ohio'' U.S.G.S. map, and the viticultural 
area comprises the entire island.

[T.D. ATF-110, 47 FR 36421, Aug. 20, 1982]



Sec. 9.52  Chalk Hill.

    (a) Name. The name of the viticultural area described in this 
section is ``Chalk Hill.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Chalk Hill viticultural area are the U.S.G.S. topographic maps 
titled:
    ``Mark West Springs Quadrangle, California'', 7.5 minute series, 
1958; and,
    ``Healdsburg Quadrangle, California'', 7.5 minute series, 1955 
(Photorevised 1980).
    (c) Boundary. The Chalk Hill viticultural area is located near the 
town of Windsor in Sonoma County, California. From the beginning point 
on the south line of Section 2, Township 8 North (T. 8 N.), Range 9 West 
(R. 9 W.) at the intersection of Arata Lane and Redwood Highway (a.k.a. 
Old Highway 101), on the ``Healdsburg Quadrangle'' map, the boundary 
proceeds--
    (1) Southeasterly along Redwood Highway through Section 11, T. 8 N., 
R. 9 W., to the point of intersection with Windsor River Road;
    (2) Then westerly along Windsor River Road on the south boundary of 
Section 11, T. 8 N., R. 9 W., to the point of intersection with Starr 
Road;
    (3) The southerly along Starr Road to the point of intersection with 
the south line of Section 14, T. 8 N., R. 9 W.;

[[Page 129]]

    (4) Then easterly along the south line of Sections 14 and 13, T. 8 
N., R. 9 W. and Section 18, T. 8 N., R. 8 W., to the point of 
intersection with the Redwood Highway;
    (5) Then southeasterly along the Redwood Highway to the intersection 
with an unnamed road that intersects the Redwood Highway at a right 
angle from the northeast near the southwest corner of Section 28 near 
Mark West Creek, T. 8 N., R. 8 W.;
    (6) Then northeast approximately 500 feet along the unnamed road to 
its intersection with the Pacific Gas and Electric power transmission 
line;
    (7) Then northeast approximately 1,000 feet along the power 
transmission line (paralleling the unnamed road) to the point where the 
power transmission line turns in a northerly direction;
    (8) Then in a northerly direction along the power transmission line 
to the point of its intersection with the south line of Section 17, T. 8 
N., R. 8 W.;
    (9) Then east along the south line of Sections 17, 16 and 15, T. 8 
N., R. 8 W. to the point of intersection with Mark West Road on the 
``Mark West Quadrangle Map'';
    (10) Then northerly for approximately 1.3 miles along Mark West Road 
(which becomes Porter Creek Road), then northeasterly for approximately 
1.7 miles on Porter Creek Road to its intersection with the unnamed 
medium duty road that parallels Porter Creek in Section 12, T. 8 N., R. 
8 W.; then northeasterly on the Franz Valley Road over the Tarwater 
Grade and continuing along the Franz Valley Road for approximately 3 
miles to its intersection with Franz Creek (approximately 2,000 feet 
west of the range line common to R. 7 W. and R. 8 W. in T. 9 N. and 
approximately 1,150 feet north of the north line of Section 25, T. 9 N., 
R. 8 W.);
    (11) Then westerly along Franz Creek to its point of intersection 
with the east line of Section 21, T. 9 N., R. 8 W.;
    (12) Then southerly along the east line of Section 21 to the 
southeast corner thereof;
    (13) Then southerly, approximately 0.08 mile, along the west line of 
section 27, T. 9 N., R. 8 W., to the point at which an unnamed 
unimproved road which parallels the south bank of Martin Creek 
intersects the west line of section 27,   T. 9 N., R. 8 W.;
    (14) Then southeasterly, approximately 1.07 miles, along said road 
to the point at which the road is crossed by the east line of section 
27,   T. 9 N., R. 8 W.;
    (15) Then southerly, approximately 0.65 mile, along the east lines 
of sections 27 and 34, T. 9 N., R. 8 W., to the point in the northeast 
corner of section 34, T. 9 N., R. 8 W. where the north fork of Barnes 
Creek intersects such line in section 34, T. 9 N., R. 8 W.;
    (16) Then continuing along the north fork of Barnes Creek, 
approximately 0.5 mile, in a generally westerly direction to a small 
dwelling at the eastern terminus of an unnamed unimproved road (known 
locally as the access to the Shurtleff Ranch) in section 34, T. 9 N., R. 
8 W.;
    (17) Then continuing in a generally westerly direction, 
approximately 1.4 miles, along the unnamed unimproved road (known 
locally as the access to the Shurtleff Ranch) to its intersection with 
an unnamed unimproved road (known locally as Spurgeon Road) in section 
33, T. 9 N., R. 8 W. on the Healdsburg, California, Quadrangle Map;
    (18) Then westerly, approximately 0.45 mile, along the unnamed 
unimproved road (known locally as Spurgeon Road) to the point where the 
road intersects Chalk Hill Road in section 32, T. 9 N., R. 8 W.;
    (19) Then in a generally northwesterly direction, approximately 1.3 
miles, along Chalk Hill Road to the point where Chalk Hill Road crosses 
Brooks Creek in section 29, T. 9 N., R. 8 W.;
    (20) Then north in a straight line, approximately 0.2 mile, to the 
top of a peak identified as Chalk Hill;
    (21) Then west-northwesterly in a straight line to the confluence of 
Brooks Creek and the Russian River;
    (22) Then westerly along the Russian River to the point of 
intersection with the range line common to R. 8 W. and R. 9 W. in T. 9 
N.;
    (23) Then southwesterly in a straight line to the point of a hill 
identified as having an elevation of 737 feet;

[[Page 130]]

    (24) Then south-southwesterly in a straight line to the point at the 
easterly terminus of Reiman Road;
    (25) Then southwesterly in a straight line to the point at the 
intersection of the township line common to T. 8 N. and T. 9 N. in R. 9 
W. and the frontage road (a.k.a. Los Amigos Road) for U.S. Highway 101;
    (26) Then west approximately 3,000 feet along the township line 
common to T. 8 N. and T. 9 N. in R. 9 W.;
    (27) Then southerly for approximately 2,000 feet in a straight line 
to the point of intersection with an unnamed stream drainage;
    (28) Then east in a straight line to the point of intersection with 
Eastside Road;
    (29) Then northeasterly along Eastside Road to the point of 
intersection with Redwood Highway;
    (30) Then southeasterly along Redwood Highway to the point of 
beginning.

[T.D. ATF-155, 48 FR 48812, Oct. 21, 1983, as amended by T.D. ATF-272, 
53 FR 17023, May 13, 1988]



Sec. 9.53  Alexander Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Alexander Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Alexander Valley viticultural area are seven U.S.G.S. 
maps entitled:
    (1) ``Mark West Springs Quadrangle, California,'' 7.5 minute series, 
1958;
    (2) ``Mount St. Helena Quadrangle, California,'' 7.5 minute series, 
1959;
    (3) ``Jimtown Quadrangle, California--Sonoma County,'' 7.5 minute 
series, 1955 (Photorevised 1975);
    (4) ``Geyserville Quadrangle, California--Sonoma County,'' 7.5 
minute series, 1955 (Photorevised 1975);
    (5) ``Healdsburg Quadrangle, California--Sonoma County,'' 7.5 minute 
series, 1955;
    (6) ``Asti Quadrangle, California,'' 7.5 minute series, 1959 
(Photorevised 1978); and
    (7) ``Cloverdale Quadrangle, California,'' 7.5 minute series, 1960.
    (c) Boundaries. The Alexander Valley viticultural area is located in 
northeastern Sonoma County, California. From the beginning point at the 
northeast corner of Section 32, Township 12 North (T. 12 N.), Range 10 
West (R. 10 W.), on the Asti Quadrangle map, the boundary runs--
    (1) West along the north line of Sections 32 and 31, T. 12 N., R. 10 
W., and Sections 36, 35, and 34, T. 12 N., R. 11 W., to the northwest 
corner of Section 34, on the Cloverdale Quadrangle map;
    (2) Then south along the west line of Section 34 to the southwest 
corner thereof;
    (3) Then east southeasterly in a straight line to the southeast 
corner of section 2, T. 11 N., R. 11 W.;
    (4) Then south southeasterly in a straight line to the southeast 
corner of section 24, T. 11 N., R. 11 W.;
    (5) Then southeasterly in a straight line across sections 30, 31 and 
32, T. 11 N., R.. 10 W., to the point at 38 deg.45[min] N. latitude and 
123 deg.00[min] E. longitude in section 5, T. 10 N., R. 10 W.;
    (6) Then southeasterly in a straight line approximately 11,000 feet 
(closely following the ridge line) to the northwest corner of Section 
10, T. 10 N., R.10 W. on the Geyserville Quadrangle map;
    (7) [Reserved]
    (8) Then southerly along the west line of Section 10, T. 10 N., R. 
10 W.;
    (9) Then S. 74 degrees, E. 2,800 feet in a straight line to the 
northeasterly tip of a small lake;
    (10) Then N. 57 degrees, E. 2,300 feet in a straight line to the 
southeast corner of Section 10, T. 10 N., R. 10 W.;
    (11) Then S. 16 degrees, E. 1,800 feet in a straight line to the 
point on a peak identified as having an elevation of 664 feet;
    (12) Then S. 55 degrees, E. 7,900 feet in a straight line to the 
most northerly point on the northeasterly line of ``Olive Hill'' 
Cemetery, lying on the easterly side of a light-duty road identified as 
Canyon Road;
    (13) Then southeasterly along the northeasterly line of ``Olive 
Hill'' cemetery to most easterly point thereon;
    (14) Then southerly 3,000 feet along the meanders of the west fork 
of Wood Creek to the point lying 400 feet north of the point on a peak 
identified as having an elevation of 781 feet;
    (15) Then southerly 400 feet in a straight line to the point on a 
peak identified as having an elevation of 781 feet;

[[Page 131]]

    (16) Then S. 50\1/2\ degrees, E. 15,200 feet in a straight line to 
the point lying at the intersection of Lytton Creek with the township 
line common to T. 9 N. and T. 10 N. in R. 9 W.;
    (17) Then southerly along the meanders of Lytton Creek to the point 
of intersection with a light-duty road identified as Lytton Springs Road 
in T. 9 N., R. 9 W.;
    (18) Then easterly along Lytton Springs Road to the point of 
intersection with a heavy-duty road identified as U.S. Highway 101 
(a.k.a. Redwood Highway), on the Jimtown Quadrangle map;
    (19) Then southerly along U.S. Highway 101 to the point of 
intersection with an unnamed light-duty road (known locally as Chiquita 
Road), on the Geyserville Quadrangle map;
    (20) Then easterly along the unnamed light-duty road to the point of 
intersection with an unnamed heavy-duty road (known locally as 
Healdsburg Avenue), on the Jimtown Quadrangle map;
    (21) Then southeasterly in a straight line approximately 11,000 feet 
to the 991-foot peak of Fitch Mountain;
    (22) Then east southeasterly approximately 7,000 feet in a straight 
line to the peak identified as having an elevation of 857 feet;
    (23) Then east southeasterly approximately 1,750 feet to the peak 
identified as Black Peak;
    (24) Then southeasterly approximately 7,333 feet to the peak 
identified as having an elevation of 672 feet;
    (25) Then northeasterly approximately 5,000 feet in a straight line 
to the point of confluence of Brooks Creek with the Russian River in T. 
9 N., R. 8 W., on the Healdsburg Quadrangle map;
    (26) Then east-southeasterly 2,400 feet in a straight line to the 
top of a peak identified as Chalk Hill;
    (27) Then south from said peak, in a straight line, approximately 
0.2 mile to the point where Chalk Hill Road crosses Brooks Creek (on the 
Healdsburg Quadrangle map);
    (28) Then southeasterly, approximately 1.3 miles, along the roadbed 
of Chalk Hill Road to the point near the confluence of Brooks Creek and 
Barnes Creek where Chalk Hill Road intersects an unnamed unimproved road 
(known locally as Spurgeon Road) that parallels Barnes Creek in section 
32,   T. 9 N., R. 8 W.;
    (29) Then easterly, approximately 0.45 mile, along said road (known 
locally as Spurgeon Road) to the point where the road is intersected by 
an unnamed unimproved road (known locally as the access to the Shurtleff 
Ranch) in section 33, T. 9 N., R. 8 W.;
    (30) Then continuing along the unnamed unimproved road (known 
locally as the access to the Shurtleff Ranch), approximately 1.33 miles, 
in a generally easterly direction, to the eastern terminus of said road 
at a small dwelling along the north fork of Barnes Creek in section 34, 
T. 9 N., R. 8 W. on the Mark West Springs, California, Quadrangle map;
    (31) Then easterly along the north fork of Barnes Creek, 
approximately 0.5 mile, to the point in the northeast corner of section 
34, T. 9 N., R. 8 W. where the north fork of Barnes Creek intersects the 
east line of section 34, T. 9 N., R. 8 W.;
    (32) Then north, approximately 0.65 mile, along the east lines of 
sections 34 and 27, T. 9 N., R. 8 W., to the point at which an unnamed 
unimproved road which parallels the south bank of Martin Creek 
intersects the eastern border of section 27, T. 9 N., R. 8 W.;
    (33) Then in a generally northwesterly direction, approximately 1.07 
miles, along said road to the point at which the road is crossed by the 
west line of section 27, T. 9 N., R. 8 W.;
    (34) Then north, approximately 0.08 mile, along the west line of 
section 27, T. 9 N., R. 8 W., to the southeast corner of section 21, T. 
9 N., R. 8 W.;
    (35) Then northerly along the east line of Sections 21, 16, and 9, 
T. 9 N., R. 8 W. to the northeast corner of Section 9, on the Mount St. 
Helena Quadrangle map;
    (36) Then westerly along the north line of Section 9 to the 
northwest corner thereof, on the Jimtown Quadrangle map;
    (37) Then northerly along the western lines of section 4, of T. 9 N, 
R. 8 W., and sections 33, 28, 21, 16, and 9 of T. 10 N., R. 8 W.;
    (38) Then westerly along the northern lines of section 8 and 7, T. 
10 N., R. 8 W. and section 12, T. 10 N., R. 9 W. to the

[[Page 132]]

southeastern corner of section 2, T. 10 N., R. 9 W.;
    (39) Then northwesterly in a straight line to the eastern line of 
section 3 at 38 degrees 45 minutes latitude, T. 10 N., R. 9 W.;
    (40) Then westerly along latitude line 38 degrees 45 minutes to the 
point lying at 122 degrees 52 minutes 30 seconds longitude;
    (41) Then northwesterly in a straight line to the southeast corner 
of section 4, T. 11 N., R. 10 W., on the Asti, Quadrangle map;
    (42) Then northeasterly in a straight line to the southeast corner 
of section 34, T. 12 N., R. 10 W.;
    (43) Then north along the east boundary of section 34, T. 12 N., R. 
10 W., to the northeast corner of section 34, T. 12 N., R. 10 W.;
    (44) Then west along the north boundaries of sections 34 and 33, T. 
12 N., R. 10 W., to the point of beginning.

[T.D. ATF-187, 49 FR 42724, Oct. 24, 1984, as amended by T.D. ATF-233; 
51 FR 30354, Aug. 26, 1986; T.D. ATF-272, 53 FR 17025, May 13, 1988; 
T.D. ATF-300, 55 FR 32402, Aug. 9, 1990; T.D. ATF-468, 66 FR 50565, Oct. 
4, 2001]



Sec. 9.54  Santa Ynez Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Santa Ynez Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Santa Ynez Valley viticultural area are 12 U.S.G.S. 
quadrangle maps. They are entitled:
    (1) ``Figueroa Mountain, Cal.'', 7.5 minute series, edition of 1959;
    (2) ``Foxen Canyon, Cal.'', 7.5 minute series, edition of 1964;
    (3) ``Lake Cachuma, Cal.'', 7.5 minute series, edition of 1959;
    (4) ``Lompoc, Cal.'', 7.5 minute series, edition of 1959 
(photorevised 1974);
    (5) ``Lompoc Hills, Cal.'', 7.5 minute series, edition of 1959;
    (6) ``Los Alamos, Cal.'', 7.5 minute series, edition of 1959;
    (7) ``Los Olivos, Cal.'', 7.5 minute series, edition of 1959 
(photoinspected 1974);
    (8) ``Santa Rosa Hills, Cal.'', 7.5 minute series, edition of 1959;
    (9) ``Santa Ynez, Cal.'', 7.5 minute series, edition of 1959 
(photorevised 1974);
    (10) ``Solvang, Cal.'', 7.5 minute series, edition of 1959 
(photorevised 1974);
    (11) ``Zaca Creek, Cal.'', 7.5 minute series, edition of 1959; and
    (12) ``Zaca Lake, Cal.'', 7.5 minute series, edition of 1964.
    (c) Boundaries. The Santa Ynez Valley viticultural area is located 
within Santa Barbara County, California. The beginning point is found on 
the ``Los Alamos, California'' U.S.G.S. map where California Highway 246 
(indicated as Highway 150 on the Los Alamos map) intersects with the 
120 deg.22[min]30[sec] longitude line.
    (1) Then north following the 120 deg.22[min]30[sec] longitude line 
to Cebada Canyon Road.
    (2) Then northeast following Cebada Canyon Road and an unnamed jeep 
trail to the northern boundary of Section 9, T. 7 N., R. 33 W.
    (3) Then east following the northern boundaries of Sections 9, 10, 
11, 12, 7, and 8 to the northeast corner of Section 8, T. 7 N., R. 33 W.
    (4) Then south following the eastern boundaries of Sections 8 and 17 
to the intersection with the boundary dividing the La Laguna and San 
Carlos de Jonata Land Grants.
    (5) Then east following the boundary between the La Laguna and the 
San Carlos de Jonata Land Grants to the intersection with Canada de 
Santa Ynez.
    (6) Then northeast in a straight line for approximately 3.6 miles to 
Benchmark 947 at U.S. Highway 101.
    (7) Then northeast in a straight line for approximately 2.6 miles to 
the southwest corner of the La Zaca Land Grant.
    (8) Then following the boundary of the La Zaca Land Grant north, 
then east to its northeast corner.
    (9) Then east in a straight line for approximately 2.0 miles to the 
point of intersection of the La Laguna and Sisquoc Land Grants with the 
Los Padres National Forest.
    (10) Then following the boundary of the Los Padres National Forest 
south, east, and south until it intersects with the eastern boundary of 
Section 29, T. 7 N., R. 29 W.
    (11) Then south following the eastern boundaries of Sections 29, 32, 
5, 8, and 17 to the boundary of the Cachuma

[[Page 133]]

Recreation Area at Bitt Benchmark 1074.
    (12) Then following the boundary of the Cachuma Recreation Area west 
and south to the point of intersection with the Los Padres National 
Forest.
    (13) Then south and west following the boundary of the Los Padres 
National Forest to its intersection with the Las Cruces Land Grant at 
the southwest corner of Section 12, T. 5 N., R. 32 W.
    (14) Then north following the boundary of the Las Cruces Land Grant 
to the southeast corner of Section 26, T. 6 N., R. 32 W.
    (15) Then west following the southern boundaries of Sections 26, 27, 
28, and 29 to the intersection with the northern boundary of the San 
Julian Land Grant at the southwestern corner of Section 29, T. 6 N., R. 
32 W.
    (16) Then northwest following the boundary of the San Julian Land 
Grant to its intersection with the 120 deg.22[min]30[sec] longitude 
line.
    (17) Then northwest in a straight line for approximately 3.2 miles 
to the point where Santa Rosa Road intersects Salsipuedes Creek.
    (18) Then following Salsipuedes Creek downstream to the point of 
confluence with the Santa Ynez River.
    (19) Then northeast in a straight line for approximately 1.4 miles 
to an unnamed hill, elevation 597 feet.
    (20) Then northeast in a straight line for approximately 1.7 miles 
to the point of beginning.

[T.D. ATF-132, 48 FR 16252, Apr. 15, 1983]



Sec. 9.55  Bell Mountain.

    (a) Name. The name of the viticultural area described in this 
section is ``Bell Mountain.''
    (b) Approved map. The appropriate map for determining the boundaries 
of the Bell Mountain viticultural area is one U.S.G.S. map, titled: 
Willow City Quadrangle, 7.5 minute series, 1967.
    (c) Boundary--(1) General. The Bell Mountain viticultural area is 
located in Gillespie County, Texas. The starting point of the following 
boundary description is the summit of Bell Mountain (1,956 feet).
    (2) Boundary Description. (i) From the starting point, the boundary 
proceeds due southward for exactly one half mile;
    (ii) Then southeastward in a straight line to the intersection of 
Willow City Loop Road with an unnamed unimproved road, where marked with 
an elevation of 1,773 feet;
    (iii) Then generally southward along Willow City Loop Road (a light-
duty road) to Willow City.
    (iv) Then continuing southward and westward along the same light-
duty road to the intersection having an elevation of 1,664 feet;
    (v) Then continuing westward along the light-duty road to the 
intersection having an elevation of 1,702 feet;
    (vi) Then turning southward along the light-duty road to the 
intersection having an elevation of 1,736 feet;
    (vii) Then turning westward along the light-duty road to the 
intersection having an elevation of 1,784 feet;
    (viii) Then turning southward and then westward, following the 
light-duty road to its intersection with Texas Highway 16, where marked 
with an elevation of 1,792 feet;
    (ix) Then due westward to the longitude line 98 deg.45[min];
    (x) Then northward along that longitude line to a point due west of 
an unnamed peak with an elevation of 1,784 feet;
    (xi) Then due eastward to the summit of that unnamed peak;
    (xii) Then in a straight line eastward to the intersection of an 
unnamed unimproved road with Texas Highway 16, where marked with an 
elevation of 1,822 feet;
    (xiii) Then following that unnamed road, taking the right-hand fork 
at an intersection, to a point due west of the summit of Bell Mountain;
    (xiv) Then due eastward to the summit of Bell Mountain.

[T.D. ATF-238, 51 FR 36400, Oct. 10, 1986]



Sec. 9.56  San Lucas.

    (a) Name. The name of the viticultural area described in this 
section is ``San Lucas.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of San Lucas viticultural area are the following four U.S.G.S. 
topographical maps of the 7.5 minute series:


[[Page 134]]


San Lucas, CA, 1949, photorevised 1979,
Nattrass Valley, CA, 1967,
San Ardo, CA, 1967, and,
Espinosa Canyon, CA, 1949, photorevised 1979.

    (c) Boundary. The San Lucas viticultural area is located in Monterey 
County in the State of California. The boundary is as follows:

    Beginning on the ``San Lucas Quadrangle'' map at the northwest 
corner of section 5 in Township 21 South, Range 9 East, the boundary 
proceeds northeasterly in a straight line approximately 0.35 mile to the 
630-foot promontory in section 32, T. 20 S., R. 9 E.;
    (1) Then east southeasterly in a straight line approximately 0.6 
mile to the 499-foot promontory in the southwest corner of section 33, 
T. 20 S., R. 9 E.;
    (2) Then east southeasterly in a straight line approximately 1.3 
miles to the 847-foot promontory in section 3, T. 21 S., R. 9 E., on the 
``Nattrass Valley Quadrangle'' map;
    (3) Then south southeasterly in a straight line approximately 2.2 
miles to the 828-foot promontory in section 14, T. 21 S., R. 9 E., on 
the ``San Ardo Quadrangle'' map;
    (4) Then east southeasterly in a straight line approximately 1.3 
miles to the 868-foot promontory in section 13, T. 21 S., R. 9 E.;
    (5) Then southeasterly in a straight line approximately 0.94 mile to 
the 911-foot promontory in section 19, T. 21 S., R. 10 E.;
    (6) Then easterly in a straight line approximately 1.28 miles to the 
1,042-foot promontory in section 20, T. 21 S., R. 10 E.;
    (7) Then east northeasterly in a straight line approximately 1.28 
miles to the 998-foot promontory in southeast corner of section 16, T. 
21 S., R. 10 E.;
    (8) Then southerly in a straight line approximately 2.24 miles to 
the 1,219-foot promontory near the east boundary of section 28, T. 21 
S., R. 10 E.;
    (9) Then southwesterly in a straight line approximately 1.5 miles to 
the 937-foot promontory near the north boundary of section 32, T. 21 S., 
R. 10 E.;
    (10) Then southwesterly in a straight line approximately 0.34 mile 
to the 833-foot promontory in section 32, T. 21 S., R. 10 E.;
    (11) Then south southeasterly in a straight line approximately 0.5 
mile to the 886-foot ``Rosenberg'' promontory in section 32, T. 21 S., 
R. 10 E.;
    (12) Then south southeasterly approximately 1.1 miles to the 781-
foot promontory in section 5, T. 22 S., R. 10 E.;
    (13) Then southeasterly in a straight line approximately 0.7 mile to 
the 767-foot promontory in section 9, T. 22 S., R. 10 E.;
    (14) Then southerly in a straight line approximately 0.5 mile to the 
647-foot promontory along the south boundary of section 9, T. 22 S., R. 
10 E.;
    (15) Then southwesterly in a straight line approximately 2.67 miles 
to the 835-foot promontory in section 19, T. 22 S., R. 10 E.;
    (16) Then west southwesterly in a straight line approximately 1.1 
miles to the 1,230-foot promontory in section 24, T. 22 S., R. 9 E.;
    (17) Then north northwesterly in a straight line approximately 1.4 
miles to the 1,149-foot promontory in section 14, T. 22 S., R. 9 E.;
    (18) Then northwesterly in a straight line approximately 0.57 mile 
to the 1,128-foot promontory in section 11, T. 22 S., R. 9 E.;
    (19) Then west southwesterly in a straight line approximately 0.58 
mile to the 1,220-foot promontory near the north boundary of section 15, 
T. 22 S., R. 9 E.;
    (20) Then northwesterly in a straight line approximately 1.33 miles 
to the 1,071-foot promontory in the northwest corner of section 9, T. 22 
S., R. 9 E.;
    (21) Then northwesterly in a straight line approximately 2.82 miles 
to the 1,004-foot promontory in section 31, T. 21 S., R. 9 E., on the 
``Espinosa Canyon Quadrangle'' map;
    (22) Then north northwesterly in a straight line approximately 1.32 
miles to the 882-foot promontory in section 25, T. 21 S., R. 8 E.;
    (23) Then northwesterly in a straight line approximately 1.05 miles 
to the 788-foot promontory in section 23, T. 21 S., R. 8 E.;
    (24) Then northerly in a straight line approximately 1.54 miles to 
the 601-foot promontory in section 13, T. 21 S., R. 8 E.;
    (25) Then northeasterly in a straight line approximately 3.2 miles 
to the point of beginning.

[T.D. ATF-248, 52 FR 2945, Jan. 29, 1987]



Sec. 9.57  Sonoma County Green Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Green Valley'' qualified by the words ``Sonoma County'' in 
direct conjunction with the name ``Green Valley.'' On a label the words 
``Sonoma County'' may be reduced in type size to the minimum allowed in 
27 CFR 4.38(b).
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Green Valley viticultural area are three U.S.G.S. 
maps. They are titled:
    (1) ``Sebastopol Quadrangle, California--Sonoma Co.'', 7.5 minute 
series (1954, photorevised 1980);
    (2) ``Camp Meeker Quadrangle, California--Sonoma Co.'', 7.5 minute 
series (1954, photorevised 1971); and
    (3) ``Guerneville Quadrangle, California--Sonoma Co.'', 7.5 minute 
series (1955).
    (c) Boundaries. The Green Valley viticultural area is located in 
Sonoma County, California. The beginning

[[Page 135]]

point is located in the northeastern portion of the ``Camp Meeker 
Quadrangle'' map where the line separating Section 31 from section 32, 
in Township 8 North (T.8N.), Range 9 West (R.9W.) intersects River Road.
    (1) From the beginning point, the boundary runs south along the line 
separating Section 31 from Section 32, continuing south along Covey Road 
(shown on the map as an unnamed, light-duty road) to the town of 
Forestville where Covey Road intersects with State Highway 116 
(Gravenstein Highway).
    (2) Thence east along State Highway 116 until it turns in a 
southeasterly direction and then proceeding along State Highway 116 in a 
southeasterly direction until the point at which State Highway 116 
intersects State Highway 12 in the town of Sebastopol (located on the 
``Sebastopol Quadrangle'' map);
    (3) Thence in a southwesterly direction on State Highway 12 through 
the town of Sebastopol;
    (4) Thence in a westerly direction on State Highway 12, which 
becomes Bodega Road, until Bodega Road intersects with Pleasant Hill 
Road;
    (5) Thence in a southerly direction on Pleasant Hill Road until it 
intersects with Water Trough Road;
    (6) Thence westerly and then northwesterly on Water Trough Road 
until it intersects with Gold Ridge Road;
    (7) Thence in a southwesterly, northwesterly, and then a 
northeasterly direction along Gold Ridge Road until it intersects with 
Bodega Road;
    (8) Thence in a southwesterly direction along Bodega Road until 
Bodega Road intersects with Jonive Road in Township 6 North (T.6N.), 
Range 9 West (R.9W.) located in the southeast portion of U.S.G.S. map 
``Camp Meeker Quadrangle'';
    (9) Thence proceeding in a northwesterly direction on Jonive Road 
until it intersects Occidental Road;
    (10) Thence proceeding on Occidental Road in a northwesterly 
direction until Occidental Road intersects the west border of Section 
35;
    (11) Thence proceeding due north along the west borders of Sections 
35, 26, 23, and 14 to the northwest corner of Section 14;
    (12) Thence in an easterly direction along the north border of 
Section 14 to the northeast corner of Section 14;
    (13) Thence north along the west borders of Sections 12, 1, and 36 
to the northwest corner of Section 36 located in the extreme southern 
portion of the ``Guerneville Quadrangle'' map;
    (14) Thence in an easterly direction along the north border of 
Section 36 until it intersects with River Road;
    (15) Thence in a southeasterly direction along River Road to the 
point of beginning located on the ``Camp Meeker Quadrangle'' map.

[T.D. ATF-161, 48 FR 52579, Nov. 21, 1983]



Sec. 9.58  Carmel Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Carmel Valley.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Carmel Valley viticultural area are five U.S.G.S. topographic maps 
in the 7.5 minute series, as follows:
    (1) Mt. Carmel, Calif., dated 1956;
    (2) Carmel Valley, Calif., dated 1956;
    (3) Ventana Cones, Calif., dated 1956;
    (4) Chews Ridge, Calif., dated 1956; and
    (5) Rana Creek, Calif., dated 1956.
    (c) Boundary. The Carmel Valley viticultural area is located in 
Monterey County, California. The boundary is as follows:
    (1) The beginning point is the northeast corner of Section 5 in 
Township 17 South, Range 2 East.
    (2) The boundary follows the Los Laurelles Land Grant boundary 
south, then easterly, to the north-south section line dividing Section 9 
from Section 10 in Township 17 South, Range 2 East.
    (3) The boundary follows this section line south to the southwest 
corner of Section 22 in Township 17 South, Range 2 East.
    (4) From this point, the boundary follows section lines in Township 
17 South, Range 2 East:
    (i) To the southeast corner of Section 22,
    (ii) To the southwest corner of Section 26,
    (iii) To the southeast corner of Section 26,

[[Page 136]]

    (iv) To the southwest corner of Section 36.
    (5) From this point, the boundary follows the Los Padres National 
Forest boundary east, then south, then east to the southwest corner of 
Section 9 in Township 18 South, Range 3 East.
    (6) The boundary follows the section line east to the southeast 
corner of the same section, where the section line rejoins the Los 
Padres National Forest boundary.
    (7) The boundary follows the Los Padres National Forest boundary to 
the north-south section line dividing Section 11 from Section 12 in 
Township 18 South, Range 3 East.
    (8) The boundary follows this section line north to the township 
line dividing Township 17 South from Township 18 South.
    (9) The boundary follows this township line west to the north-south 
section line dividing Section 34 from Section 35 in Township 17 South, 
Range 3 East.
    (10) The boundary follows this section line north to the Los 
Tularcitos Land Grant boundary.
    (11) The boundary follows the Los Tularcitos Land Grant boundary 
northwesterly to the Carmel River.
    (12) The boundary follows the Carmel River northerly to the Los 
Tularcitos Land Grant boundary.
    (13) The boundary follows the Los Tularcitos Land Grant boundary 
northeasterly to the unsurveyed township line (approximate location 
denoted by a line of red dashes) dividing Township 16 South form 
Township 17 South.
    (14) The boundary follows the unsurveyed township line west to the 
beginning point.

[T.D. ATF-119, 47 FR 55916, Dec. 14, 1982]



Sec. 9.59  Arroyo Seco.

    (a) Name. The name of the viticultural area described in this 
section is ``Arroyo Seco.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Arroyo Seco viticultural area are four U.S.G.S. 
quadrangle maps. They are entitled:
    (1) ``Greenfield, California,'' 7.5 minute series, edition of 1956;
    (2) ``Paraiso Springs, California,'' 7.5 minute series, edition of 
1956;
    (3) ``Soledad, California,'' 7.5 minute series, edition of 1955; and
    (4) ``Sycamore Flat, California,'' 7.5 minute series, edition of 
1956 (photoinspected 1972).
    (c) Boundaries. The Arroyo Seco viticultural area is located in 
Monterey County, California. The beginning point is found on the 
``Sycamore Flat'' U.S.G.S. map at the junction of Arroyo Seco Road and 
the Carmel Valley Road (indicated as the Jamesburg Road on the map).
    (1) Then east following Arroyo Seco Road to the southwest corner of 
Section 22, T. 19 S., R. 5 E.
    (2) Then east following the southern boundaries of Sections 22, 23, 
24, 19, and 20 to the southeastern corner of Section 20, T. 19 S., R. 6 
E.
    (3) Then northeast in a straight line for approximately 1.3 miles to 
the summit of Pettits Peak.
    (4) Then northeast in a straight line for approximately 1.8 miles to 
the point where the 400[min] contour line intersects the northern 
boundary of Section 14, T. 19 S., R. 6 E.
    (5) Then east following the 400[min] contour line to a point 
immediately west of the Reservoir within the Posa de los Ositos Land 
Grant.
    (6) Then following the ridge line in a northeasterly direction for 
approximately 7.5 miles to U.S. Highway 101 at the intersection of 
Underwood Road.
    (7) Then east following Underwood Road to its intersection with the 
Posa de los Ositos Land Grant.
    (8) Then north following the boundary of the Posa de los Ositos Land 
Grant to the west bank of the Salinas River.
    (9) Then northwest following the west bank of the Salinas River to 
the southern boundary of Section 17, T. 18 S., R. 7 E.
    (10) Then due west for approximately 2.0 miles following the 
southern boundary of Section 17, and continuing to U.S. Highway 101.
    (11) Then following U.S. Highway 101 in a northwesterly direction to 
its intersection with Paraiso Road.
    (12) Then south following Paraiso Road to the intersection with 
Clark Road.

[[Page 137]]

    (13) Then south in a straight line for approximately 1.8 miles to 
the northeast corner of Section 5, T. 19 S., R. 6 E.
    (14) Then due south following the eastern boundaries of Sections 5, 
8, and 17, to Arroyo Seco Road.
    (15) Then southwest in a straight line for approximately 1.0 mile to 
Bench Mark 673.
    (16) Then west in a straight line for approximately 1.8 miles to 
Bench Mark 649.
    (17) Then northwest in a straight line for approximately 0.2 mile to 
the northeast corner of Section 23, T. 19 S., R. 5 E.
    (18) Then west following the northern boundaries of Section 23 and 
22 to the northwest corner of Section 22, T. 19 S., R. 5 E.
    (19) Then south in a straight line for approximately 1.0 mile to the 
point of beginning.

[T.D. ATF-131, 48 FR 16246, Apr. 15, 1983]



Sec. 9.60  Shenandoah Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Shenandoah Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Shenandoah Valley viticultural area are four U.S.G.S. 
Eastern United States 1:250,000 scale maps. The maps are titled: Roanoke 
(1971), Charlottesville (1956, with a revision in 1965), Cumberland 
(1956, revised 1969) and Baltimore (1957, revised 1978).
    (c) Boundaries. The Shenandoah Valley Viticultural area is located 
in Frederick, Clarke, Warren, Shenandoah, Page, Rockingham, Augusta, 
Rockbridge, Botetourt, and Amherst Counties in Virginia, and Berkeley 
and Jefferson Counties in West Virginia. The boundaries are as follows:
    (1) The boundary line starts at the point of the intersection of the 
Potomac River and the Virginia-West Virginia State line approximately 
eight miles east of Charlestown, West Virginia.
    (2) Then the boundary proceeds southwesterly approximately 14.8 
miles along the State line, which essentially follows the crest of the 
Blue Ridge Mountains, to its intersection with the western border line 
of Clarke County, Virginia.
    (3) Then the boundary continues approximately 13.8 miles 
southwesterly along the county line and the crest of the Blue Ridge to 
its intersection with the western boundary line of Warren County, 
Virginia.
    (4) Then the boundary continues approximately 15 miles along the 
Warren County line to its intersection with the Skyline Drive.
    (5) Then the boundary continues approximately 71 miles in a 
southwesterly direction along the Skyline Drive and the Blue Ridge to 
its intersection with the Blue Ridge Parkway.
    (6) Then the boundary continues approximately 53 miles in a 
southeasterly direction along the Blue Ridge Parkway to its intersection 
with the James River.
    (7) Then the boundary proceeds approximately 44 miles along the 
James River in a west-northwesterly direction to its intersection with 
the northwest boundary line of the Jefferson National Forest near Eagle 
Rock.
    (8) Then the boundary proceeds approximately 10.5 miles in a 
northeasterly direction along the Jefferson National Forest line and 
along the crest of North Mountain to its intersection with the western 
boundary line of Rockbridge County.
    (9) Then the boundary continues approximately 23 miles along the 
county line in the same northeasterly direction to its intersection with 
the Chesapeake and Ohio Railroad.
    (10) Then the boundary continues approximately 23 miles along the 
railroad between the Great North Mountain and the Little North Mountain 
to its intersection with the southeastern boundary line of the George 
Washington National Forest at Buffalo Gap.
    (11) Then the boundary continues approximately 81 miles 
northeasterly along the George Washington National Forest Line to the 
Vertical Control Station, (elevation 1883), on the crest of Little North 
Mountain approximately 3 miles west of Van Buren Furnace.
    (12) Then the boundary line continues approximately 53 miles 
northeasterly

[[Page 138]]

along the crest of Little North Mountain to its intersection with the 
Potomac River in Fort Frederick State Park.
    (13) Then the boundary continues approximately 47.4 miles 
southeasterly along the Potomac River to the beginning point at that 
Rivers intersection with the boundary line between West Virginia and 
Virginia.

[T.D. ATF-120, 47 FR 57698, Dec. 28, 1982, as amended by T.D. ATF-249, 
52 FR 5958, Feb. 27, 1987]



Sec. 9.61  El Dorado.

    (a) Name. The name of the viticultural area described in this 
section is ``El Dorado.''
    (b) Approved maps. The approved U.S.G.S. topographic maps (7.5 
series; quadrangles) showing the boundaries of the El Dorado 
viticultural area, including quadrangles showing the area within the 
boundaries, are as follows:
    (1) ``Pilot Hill, California,'' 1954 (photorevised 1973);
    (2) ``Auburn, California,'' 1953 (photorevised 1973);
    (3) ``Greenwood, California,'' 1949 (photorevised 1973);
    (4) ``Georgetown, California,'' 1949 (photorevised 1973);
    (5) ``Foresthill, California,'' 1949 (photorevised 1973);
    (6) ``Michigan Bluff, California,'' 1952 (photorevised 1973);
    (7) ``Tunnel Hill, California,'' 1950 (photorevised 1973);
    (8) ``Slate Mountain, California,'' 1950 (photorevised 1973);
    (9) ``Pollock Pines, California,'' 1950 (photorevised 1973);
    (10) ``Stump Spring, California,'' 1951 (photorevised 1973);
    (11) ``Caldor, California,'' 1951 (photorevised 1973);
    (12) ``Omo Ranch, California,'' 1952 (photorevised 1973);
    (13) ``Aukum, California,'' 1952 (photorevised 1973);
    (14) ``Fiddletown, California,'' 1949;
    (15) ``Latrobe, California,'' 1949 (photorevised 1973);
    (16) ``Shingle Springs, California,'' 1949;
    (17) ``Coloma, California,'' 1949 (photorevised 1973);
    (18) ``Garden Valley, California,'' 1949 (photorevised 1973);
    (19) ``Placerville, California,'' 1949 (photorevised 1973);
    (20) ``Camino, California,'' 1952 (photorevised 1973);
    (21) ``Sly Park, California,'' 1952 (photorevised 1973);
    (c) Boundaries. The boundaries of the El Dorado viticultural area 
which is located in El Dorado County, California, are as follows:
    (1) The beginning point of the boundaries is the intersection of the 
North Fork of the American River (also the boundary line between El 
Dorado and Placer Counties) and the township line ``T. 11 N./T. 12 N.'' 
(``Pilot Hill'' Quadrangle);
    (2) Thence northeast along the North Fork of the American River to 
its divergence with the Middle Fork of the American River, continuing 
then, following the Middle Fork of the American River to its 
intersection with the Rubicon River which continues as the boundary line 
between El Dorado and Placer Counties (``Auburn,'' ``Greenwood,'' 
``Georgetown,'' ``Foresthill,'' and ``Michigan Bluff'' Quadrangles);
    (3) Thence southeast along the Rubicon River to its intersection 
with the range line ``R. 11 E./R. 12 E.'' (``Tunnel Hill'' Quadrangle);
    (4) Thence south along the range line through T. 13 N. and T. 12 N., 
to its intersection with the township line ``T. 12 N./T. 11 N.'' 
(``Tunnel Hill'' and ``Slate Mountain'' Quadrangles);
    (5) Thence east along the range line to its intersection with the 
range line ``R. 12 E./R. 13 E.'' (``Slate Mountains'' and ``Pollock 
Pines'' Quadrangles);
    (6) Thence south along the range line to its intersection with the 
township line ``T. 11 N./T. 10 N.'' (``Pollock Pines'' Quadrangle);
    (7) Thence east along the township line to its intersection with the 
range line ``R. 13 E./R. 14 E.'' (``Pollock Pines'' and ``Stump Spring'' 
Quadrangles);
    (8) Thence south along the range line through T. 10 N., T. 9 N., and 
T. 8 N. to its intersection with the South Fork of the Cosumnes River 
(also the boundary line between El Dorado and Amador Counties) (``Stump 
Spring'' and ``Caldor'' Quadrangles);
    (9) Thence west and northwest along the South Fork of the Cosumnes 
River

[[Page 139]]

to its intersection with range line ``R. 11 E./R. 10 E.'' (``Caldor,'' 
``Omo Ranch,'' ``Aukum,'' and ``Fiddletown'' Quadrangles);
    (10) Thence north along the range line to its intersection with the 
township line ``T. 8 N./T. 9 N.'' (``Fiddletown'' Quadrangle);
    (11) Thence west along the township line to its intersection with 
range line ``R. 10 E./R. 9 E.'' (``Fiddletown'' and ``Latrobe'' 
Quadrangles);
    (12) Thence north along the range line to its intersection with U.S. 
Route 50;
    (13) Thence west along U.S. Route 50 to its intersection with 
Cameron Park Drive;
    (14) Thence north along Cameron Park Drive to its intersection with 
Green Valley Road;
    (15) Thence east along Green Valley Road to its intersection with 
range line R.10 E/ R.9 E;
    (16) Thence north along the range line to its intersection with the 
township line T.10 N./ T.11 N;
    (17) Thence east along the township line approximately 4,000 feet to 
its intersection with the range line ``R. 9 E./R. 10 E.'' (``Coloma'' 
Quadrangle);
    (18) Thence north on the range line to its intersection with the 
township line ``T. 11 N./T. 12 N.'' (``Coloma'' Quadrangle); and
    (19) Thence west along the township line to the point of beginning 
(``Coloma'' and ``Pilot Hill'' Quadrangles).

[T.D. ATF-152, 48 FR 46520, Oct. 13, 1983, as amended by T.D. ATF-254, 
52 FR 23651, June 24, 1987]



Sec. 9.62  Loramie Creek.

    (a) Name. The name of the viticultural area described in this 
section is ``Loramie Creek.''
    (b) Approved map. The approved map for the Loramie Creek 
viticultural area is the U.S.G.S. map entitled ``Fort Loramie 
Quadrangle, Ohio--Shelby Co.,'' 7.5 minute series (topographic), 1961 
(photoinspected 1973).
    (c) Boundaries. The Loramie Creek viticultural area is located 
entirely within Shelby County, Ohio. The boundaries are as follows:
    (1) From the beginning point of the boundary at the intersection of 
State Route 47 and Wright-Puthoff Road, the boundary runs southward on 
Wright-Puthoff Road for a distance of 1\3/8\ miles to the intersection 
of the Wright-Puthoff Road with Consolidated Railroad Corporation 
(indicated on the U.S.G.S. map as New York Central Railroad);
    (2) Then along the Consolidated Railroad Corporation right-of-way in 
a southwesterly direction for a distance of 2\1/8\ miles to the 
intersection of the Consolidated Railroad Corporation right-of-way with 
Loramie Creek;
    (3) Then upstream along Loramie Creek in a northwesterly direction 
for a distance of approximately 3\1/2\ miles to the intersection of 
Loramie Creek and State Route 47;
    (4) Then eastward on State Route 47 for a distance of approximately 
4\1/8\ miles to the beginning point of State Route 47 and Wright-Puthoff 
Road.

[T.D. ATF-118, 47 FR 53356, Nov. 26, 1982]



Sec. 9.63  Linganore.

    (a) Name. The name of the viticultural area described in this 
section is ``Linganore.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Linganor viticultural area are five U.S.G.S 
topographic maps. They are--
    (1) ``Walkersville Quadrangle, Maryland--Frederick Co.'', 7.5 minute 
series, 1953 (Photorevised 1979);
    (2) ``Libertytown Quadrangle, Maryland'', 7.5 minute series, 1944 
(Photorevised 1971);
    (3) ``Damascus Quadrangle, Maryland'', 7.5 minute series, 1944 
(Photorevised 1979);
    (4) ``Winfield Quadrangle, Maryland'', 7.5 minute series, 1950 
(Photorevised 1979); and
    (5) ``Union Bridge Quadrangle, Maryland,'' 7.5 minute series, 1953 
(Photorevised 1971).
    (c) Boundaries. The Linganore viticultural area is located in north 
central Maryland and encompasses parts of Frederick and Carroll 
Counties. From the beginning point lying at the confluence of Linganore 
Creek and the Monocacy River, on the Walkersville Quadrangle map, the 
boundary runs--

[[Page 140]]

    (1) South-southeasterly 5,000 feet in a straight line to the point 
lying approximately 1,000 feet south of Interstate Highway 70 at the 
intersection of two unnamed light duty roads in the town of 
Bartonsville;
    (2) Then east-southeasterly 15,500 feet in a straight line to the 
point lying at the intersection of Mussetter Road and latitude line 39 
degrees 22 minutes 30 seconds;
    (3) Then east-northeasterly 8,125 feet in a straight line to the 
point lying at the intersection of Mill Road and State Highway 144;
    (4) Then easterly along State Highway 144 on the Walkersville 
Quadrangle, Libertytown Quadrangle, and Damascus Quadrangle maps to the 
point of intersection with State Highway 27, approximately midway 
between the towns of Ridgeville and Parrsville, on the Damascus 
Quadrangle map;
    (5) Then northeasterly along State Highway 27 on the Damascus 
Quadrangle, Libertytown Quadrangle, and Winfield Quadrangle maps to the 
point of intersection with State Highway 26 in the town of Taylorsville 
on the Winfield Quadrangle map;
    (6) Then northerly 2,750 feet in a straight line to the point on a 
hill identified as having an elevation of 850 feet;
    (7) Then northwesterly 21,000 feet in a straight line to the point 
lying at the intersection of State Highway 31 and latitude line 39 
degrees 30 minutes on the Libertytown Quadrangle and Union Bridge 
Quadrangle maps;
    (8) Then westerly 15,625 feet along latitude line 39 degrees 30 
minutes to the point of intersection with Copper Mine Road;
    (9) Then northwesterly along Copper Mine Road on the Union Bridge 
Quadrangle map to the point of intersection with longitude line 77 
degrees 15 minutes;
    (10) Then southerly 5,250 feet along longitude line 77 degrees 15 
minutes to the point of intersection with latitude line 39 degrees 30 
minutes on the Union Bridge Quadrangle and Walkersville Quadrangle maps;
    (11) Then southwesterly 46,750 feet in a straight line on the 
Walkersville Quadrangle map to the point of beginning.

[T.D. ATF-140, 48 FR 37374, Aug. 18, 1983]



Sec. 9.64  Dry Creek Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Dry Creek Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Dry Creek Valley viticultural area are six U.S.G.S. 
topographic maps. They are--
    (1) ``Geyserville Quadrangle, California--Sonoma County,'' 7.5 
minute series, 1955 (Photorevised 1975);
    (2) ``Jimtown Quadrangle, California--Sonoma County,'' 7.5 minute 
series, 1955 (Photorevised 1975);
    (3) ``Healdsburg Quadrangle, California--Sonoma County,'' 7.5 minute 
series, 1955 (Photorevised 1980);
    (4) ``Guerneville Quadrangle, California--Sonoma County,'' 7.5 
minute series, 1955;
    (5) ``Cazadero Quadrangle, California--Sonoma County,'' 7.5 minute 
series, 1978; and
    (6) ``Warm Springs Dam Quadrangle (formerly `Skaggs Springs 
Quadrangle'), California--Sonoma County,'' 7.5 minute series, 1978.
    (c) Boundaries. The Dry Creek Valley viticultural area is located in 
north central Sonoma County, California. From the beginning point, lying 
at the intersection of latitude line 38 degrees 45 minutes and the 
northwest corner of Section 5, T. 10 N., R. 10 W. on the ``Geyserville 
Quadrangle'' map, the boundary runs--
    (1) Southeasterly in a straight line approximately 11,000 feet 
(closely following the ridge line) to the northeast corner of Section 9, 
T. 10 N., R. 10 W.;
    (2) Then southerly along the east line of Section 9 to the southeast 
corner thereof;
    (3) Then S. 74 degrees, E. 2,800 feet in a straight line to the 
northeasterly tip of a small unnamed lake;
    (4) Then N. 57 degrees, E. 2,300 feet in a straight line to the 
southeast corner of Section 10, T. 10 N., R. 10 W.;
    (5) Then S. 16 degrees, E. 1,800 feet in a straight line to the 
point on a peak identified as having an elevation of 664 feet;
    (6) Then S. 55 degrees, E. 7,900 feet in a straight line to the most 
northerly point on the northeasterly line of ``Olive Hill'' cemetery 
lying on the easterly side of Canyon Road;

[[Page 141]]

    (7) Then southeasterly along the northeasterly line of ``Olive 
Hill'' cemetery to the most easterly point thereon;
    (8) Then S. 2 degrees, E. 3,100 feet in a straight line to the point 
in the westerly fork of Wood Creek lying at the westerly terminus of a 
dirt road;
    (9) Then southerly 3,000 feet along the west fork of Wood Creek to 
the point lying 400 feet north of the point on a peak identified as 
having an elevation of 781 feet;
    (10) Then southerly 400 feet in a straight line to the point on a 
peak identified as having an elevation of 781 feet;
    (11) Then S. 50\1/2\ degrees, E. 15,500 feet in a straight line to 
the point lying at the intersection of Lytton Creek and the township 
line common to T. 9 N. and T. 10 N. in R. 9 W.;
    (12) Then southerly along the meanders of Lytton Creek to the point 
of intersection with Lytton Springs Road in T. 9 N., R. 9 W.;
    (13) Then easterly along Lytton Springs Road to the point of 
intersection with U.S. Highway 101 (a.k.a. Redwood Highway) on the 
``Jimtown Quadrangle'' map;
    (14) Then southerly along U.S. Highway 101 to the point of 
intersection with an unnamed light duty road (known locally as Chiquita 
Road) on the ``Geyserville Quadrangle'' map;
    (15) Then easterly along the unnamed light duty road to the point of 
intersection with an unnamed heavy duty road (known locally as 
Healdsburg Avenue) on the ``Jimtown Quadrangle'' map;
    (16) Then southerly along the unnamed heavy duty road through the 
town of Healdsburg to the point of intersection with the Russian River 
on the ``Healdsburg Quadrangle'' map;
    (17) Then southerly along the meanders of the Russian River to the 
confluence of Dry Creek;
    (18) Then west-southwesterly 1,300 feet in a straight line to an 
unnamed light duty road (known locally as Foreman Lane);
    (19) Then westerly along the unnamed light duty road, crossing West 
Dry Creek Road and passing Felta School, to the point of intersection 
with Felta Creek on the ``Guerneville Quadrangle'' map;
    (20) Then southwesterly 18,000 feet along the meanders of Felta 
Creek to the point lying at the intersection of three springs in T. 8 
N., R. 10 W., approximately 300 feet east from the word ``Springs'';
    (21) Then S. 58 degrees, W. 15,000 feet in a straight line to the 
southwest corner of Section 9, T. 8 N., R. 10 W.;
    (22) Then northerly along the west line of Sections 9 and 4, T. 8 
N., R. 10 W., continuing along the west line of Section 33, T. 9 N., R. 
10 W. to the northwest corner thereof;
    (23) Then westerly along the south line of Sections 29 and 30, T. 9 
N., R. 10 W. to the southwest corner of Section 30 on the ``Cazadero 
Quadrangle'' map;
    (24) Then northerly along the west line of Sections 30 and 19, T. 9 
N., R. 10 W. to the northwest corner of Section 19;
    (25) Then westerly along the south line of Section 13, T. 9 N., R. 
11 W. to the southwest corner thereof;
    (26) Then southwesterly 14,200 feet in a straight line to the 
northeast corner of Section 20, T. 9 N., R. 11 W.;
    (27) Then westerly along the north line of Section 20 to the 
northwest corner thereof;
    (28) Then northerly along the east line of Sections 18, 7, and 6, T. 
9 N., R. 11 W., continuing along the east line of Sections 31, 30, 19, 
18, 7, and 6, T. 10 N., R. 11 W. to the point of intersection with 
latitude line 38 degrees 45 minutes on the ``Warm Springs Dam 
Quadrangle'' map; and
    (29) Then easterly along latitude line 38 degrees 45 minutes to the 
point of beginning on the ``Geyserville Quadrangle'' map.

[T.D. ATF-137, 48 FR 35397, Aug. 4, 1983, as amended by T.D. ATF-468, 66 
FR 50565, Oct. 4, 2001]



Sec. 9.65  North Fork of Roanoke.

    (a) Name. The name of the viticultural area described in this 
section is ``North Fork of Roanoke.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the North Fork of Roanoke viticultural area are six 
U.S.G.S. Virginia, 7.5 minute series maps. They are:
    (1) McDonalds Mill Quadrangle, 1965;
    (2) Glenvar Quadrangle, 1965;
    (3) Elliston Quadrangle, 1965;

[[Page 142]]

    (4) Ironto Quadrangle, 1965;
    (5) Blacksburg Quadrangle, 1965; and
    (6) Newport Quadrangle, 1965.
    (c) Boundaries. The North Fork of Roanoke viticultural area is 
located in parts of Roanoke and Montgomery Counties in southern 
Virginia.
    (1) The point of the beginning is in the north at the intersection 
of State Routes 785 and 697 in Roanoke County.
    (2) Then the boundary follows State Route 697 northeast over 
Crawford Ridge to the intersection at State Route 624.
    (3) Then the boundary turns southwest on State Route 624 along the 
boundary of the Jefferson National Forest and then continues across the 
Montgomery County line to U.S. 460 (business).
    (4) Then the boundary follows U.S. Route 460 (business) south 
through the town of Blacksburg.
    (5) Then the boundary continues on U.S. Route 460 (bypass) to the 
intersection of U.S. Route 460 East, where it turns east for 
approximately one mile to the intersection of U.S. Interstate Highway 81 
at Interchange 37.
    (6) Then the boundary continues northeast on Interstate Highway 81 
to its intersection with State Route 603 at interchange 38.
    (7) Then the boundary continues northwest on State Route 603 to its 
intersection with State Route 629.
    (8) Then the boundary follows State Route 629 (which later becomes 
State Route 622 north of Brandshaw Creek) 2 miles across the Roanoke 
County line to where it intersects the Chesapeake and Potomac Telephone 
Company right-of-way.
    (9) Then the boundary turns northwest along the C & P right-of-way 
over Pearis Mountain to the point where the right-of-way intersects 
State Route 785, one quarter mile northeast of the intersections of 
State Routes 785 and 697.
    (10) Then the boundary follows State Route 784 back to the beginning 
point.

[T.D. ATF-129, 48 FR 16250, Apr. 15, 1983, as amended by T.D. ATF-249, 
52 FR 5958, Feb. 27, 1987]



Sec. 9.66  Russian River Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Russian River Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Russian River Valley viticultural area are the 1954 
U.S.G.S. 7.5 minute series maps titled:

``Healdsburg Quadrangle, California''
``Guerneville Quadrangle, California''
``Cazadero Quadrangle, California''
``Duncans Mills Quadrangle, California''
``Camp Meeker Quadrangle, California''
``Valley Ford Quadrangle, California''
``Sebastopol Quadrangle, California''
``Santa Rosa Quadrangle, California''
``Mark West Springs Quadrangle, California''
``Jimtown Quadrangle, California''

    (c) Boundaries. The Russian River Valley viticultural area is 
located in Sonoma County, California.
    (1) Starting point Healdsburg map-Healdsburg Avenue Bridge over the 
Russian River at Healdsburg. Proceed south along Russian River to the 
point where Russian River and Dry Creek converge, from this point 
proceed west in a straight line to Forman Lane.
    (2) Proceed west along Foreman Lane to where it crosses Westside 
Road and becomes Felta School Road.
    (3) Proceed west on Felta School Road to the point where it crosses 
Felta Creek.
    (4) Proceed 18000[min] up Felta Creek to its headwaters as shown on 
the Guerneville, map as ``Springs.''
    (5) Proceed southwest in a straight line 58 degrees W 27000[min] to 
an intersection with Hulbert Creek on the Cazadero map.
    (6) Proceed south and southeast along Hulbert Creek to the point 
where it intersects California Hwy 116 on the Duncan Mills map.
    (7) Proceed in a westerly direction along California Hwy 116 to 
Monte Rio where it intersects the Bohemian Hwy.
    (8) Proceed southeast along the Bohemian Hwy onto the Camp Meeker 
Map and then the Valley Ford map to the town of Freestone where it 
intersects the Bodega Road.
    (9) Proceed northeast along the Bodega Road onto the Sebastopol map

[[Page 143]]

to the city of Sebastopol where it becomes California Hwy 12 then 
northeast along California Hwy 12 to its intersection with Wright Road.
    (10) Proceed north along Wright Road to where it becomes Fulton Road 
and into the town Fulton to where in intersects River Road.
    (11) Proceed east along River Road to its intersection with Mark 
West Springs Road.
    (12) Proceed north east along Mark West Springs Road through the 
Santa Rosa map and onto the Mark West map to where it becomes Porter 
Creek Road and onto its intersection with Franz Valley Road.
    (13) Proceed in a northerly direction along Franz Vally Road to the 
northerly most crossing of Franz Creek.
    (14) Proceed west along Franz Creek until it intersects the line 
separating Section 21 and Section 22.
    (15) Proceed south on this line separating Section 21 and 22 to the 
corner common to Section 21 and 22 and Section 27 and 28.
    (16) Proceed west from the common corner of Section 21 and 22 and 27 
and 28 and in a straight line to the peak of Chalk Hill on the 
Healdsburg map.
    (17) Proceed west from the peak of Chalk Hill in a straight line to 
the point where Brooks Creek joins the Russian River.
    (18) Proceed north west in a straight line 8000[foot] to a peak 
marked 772[foot] elv. on the Jimtown map.
    (19) Proceed north west in a straight line from hill top 772[foot] 
elv. to hill top 596 elv.
    (20) Proceed north west in a straight line from hill top 596[foot] 
elv. to hill top 516[foot] elv.
    (21) Proceed north west in a straight line from hill top 516[foot] 
elv. to hill top 530[foot] elv.
    (22) Proceed west in a straight line from hill top 530[foot] elv. to 
hill top 447[foot] elv.
    (23) Proceed west in a straight line from hill top 447[foot] elv. to 
the point where Alexander Valley Road meets Healdsburg Avenue.
    (24) Proceed south along Healdsburg Avenue through the city of 
Healdsburg on the Healdsburg map to the point where it crosses the 
Russian River at the point of beginning.

[T.D. ATF-159, 48 FR 48813, Oct. 21, 1983, as amended by T.D. ATF-249, 
52 FR 5959, Feb. 27, 1987]



Sec. 9.67  Catoctin.

    (a) Name. The name of the viticultural area described in this 
section is ``Catoctin.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Catoctin viticultural area are 12 U.S.G.S. maps in the 
scale 1:24,000. They are--
    (1) ``Point of Rocks Quadrangle, Maryland--Virginia,'' 7.5 minute 
series, 1970;
    (2) ``Buckeystown Quadrangle, Maryland,'' 7.5 minute series, 1952 
(Photorevised 1971);
    (3) ``Frederick Quadrangle, Maryland,'' 7.5 minute series, 1953 
(Photorevised 1980);
    (4) ``Catoctin Furnace Quadrangle, Maryland,'' 7.5 minute series, 
1953 (Photorevised 1979);
    (5) ``Blue Ridge Summit Quadrangle, Maryland--Pennsylvania,'' 7.5 
minute series, 1953 (Photorevised 1971);
    (6) ``Emmitsburg Quadrangle, Maryland--Pennsylvania,'' 7.5 minute 
series, 1953 (Photorevised 1971);
    (7) ``Smithsburg Quadrangle, Maryland--Pennsylvania,'' 7.5 minute 
series, 1953 (Photorevised 1971);
    (8) ``Myersville Quadrangle, Maryland,'' 7.5 minute series, 1953 
(Photorevised 1971);
    (9) ``Funkstown Quadrangle, Maryland,'' 7.5 minute series, 1953 
(Photorevised 1971);
    (10) ``Keedysville Quadrangle, Maryland--West Virginia,'' 7.5 minute 
series, 1978;
    (11) ``Harpers Ferry Quadrangle, Virginia--Maryland--West 
Virginia,'' 7.5 minute series, 1969; and
    (12) ``Charles Town Quadrangle, West Virginia--Virginia--Maryland,'' 
7.5 minute series, 1978;
    (13) ``Middletown Quadrangle, Maryland,'' 7.5 minute series, 1953 
(photorevised 1979);
    (c) Boundaries. The Catoctin viticultural area is located in western 
Maryland and encompasses parts of Frederick and Washington Counties. 
From the beginning point at the point

[[Page 144]]

where U.S. Highway 15 crosses the Potomac River and enters the land mass 
of Maryland on the ``Point of Rocks Quadrangle'' map, the boundary runs-
-
    (1) Northerly 1,100 feet in a straight line to the point of 
intersection with a 500-foot contour line;
    (2) Then northeasterly along the meanders of the 500-foot contour 
line on the ``Point of Rocks Quadrangle,'' ``Buckeystown Quadrangle,'' 
``Frederick Quadrangle,'' ``Catoctin Furnace Quadrangle,'' ``Blue Ridge 
Summit Quadrangle,'' and ``Emmitsburg Quadrangle'' maps to the point of 
intersection with the Maryland--Pennsylvania State line on the 
``Emmitsburg Quadrangle'' map;
    (3) Then west along the Maryland-Pennsylvania State line on the 
``Emmitsburg Quadrangle,'' ``Blue Ridge Summit Quadrangle,'' and 
``Smithsburg Quadrangle'' maps to the point of intersection with the 
first 800-foot contour line lying west of South Mountain on the 
``Smithsburg Quadrangle'' map;
    (4) Then southwesterly along the meanders of the 800-foot contour 
line on the ``Smithburg Quadrangle,'' ``Myersville Quadrangle,'' 
``Funkstown Quadrangle,'' and ``Keedysville Quadrangle'' maps to the 
point of intersection with an unnamed light duty road (known locally as 
Clevelandville Road) north of the town of Clevelandville on the 
``Keedysville Quadrangle'' map;
    (5) Then southerly along the unnamed light duty road to the point of 
intersection with Reno Monument Road;
    (6) Then southwesterly 13,500 feet in a straight line to the point 
lying at the intersection of Highway 67 and Millbrook Road;
    (7) Then westerly along Millbrook Road to the point of intersection 
with Mount Briar Road;
    (8) Then northerly along Mount Briar Road to the point of 
intersection with a 500-foot contour line;
    (9) Then northerly along the 500-foot contour line to the point of 
intersection with Red Hill Road;
    (10) Then southerly along the 500-foot contour line to the point of 
intersection with Porterstown Road;
    (11) Then south-southwesterly 29,000 feet in a straight line to the 
most eastern point on the boundary line of the Chesapeake and Ohio Canal 
National Historical Park lying north of the town of Dargan;
    (12) Then southwesterly 7,500 feet in a straight line to the point 
of the ``Harpers Ferry Quadrangle'' map lying approximately 600 feet 
northwest of Manidokan Camp at the confluence of an unnamed stream and 
the Potomac River; and
    (13) Then easterly along the meanders of the Potomac River on the 
``Harpers Ferry Quadrangle,'' ``Charles Town Quadrangle,'' and ``Point 
of Rocks Quadrangle'' maps to the point of beginning.

[T.D. ATF-154, 48 FR 46523, Oct. 13, 1983, as amended by T.D. ATF-249, 
52 FR 5959, Feb. 27, 1987]



Sec. 9.68  Merritt Island.

    (a) Name. The name of the viticultural area described in this 
section is ``Merritt Island.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Merritt Island viticultural area are two U.S.G.S. 
maps, 7.5 minute series. They are entitled:
    (1) ``Clarksburg Quadrangle, California,'' 1967 (Photo revised 
1980); and
    (2) ``Courtland Quadrangle, California,'' 1978.
    (c) Boundaries. The Merritt Island viticultural area is located in 
Yolo County, California, six miles south of the City of Sacramento. The 
boundaries of the Merritt Island viticultural area, using landmarks and 
points of reference found on the appropriate U.S.G.S. maps, are as 
follows:
    (1) Starting at the most southernly point, the intersection of 
Sutter Slough with the Sacramento River.
    (2) Then west along the course of Sutter Slough for 0.54 miles until 
it intersects Elk Slough.
    (3) Then northeast along the course of Elk Slough for 9.58 miles to 
the community of Clarksburg and the intersection of Sacramento River.
    (4) Then southeasterly along the course of the Sacramento River for 
7.8 miles to the beginning point.

[T.D. ATF-134, 48 FR 22146, May 17, 1983, as amended by T.D. ATF-249, 52 
FR 5959, Feb. 27, 1987]

[[Page 145]]



Sec. 9.69  Yakima Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Yakima Valley.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Yakima Valley viticultural area are two U.S.G.S. maps. They are 
entitled:
    (1) ``Walla Walla, Washington,'' scaled 1:250,000, edition of 1953, 
limited revision 1963; and
    (2) ``Yakima, Washington,'' scaled 1:250,000, edition of 1958, 
revised 1971.
    (c) Boundaries. The Yakima Valley viticultural area is located in 
Benton and Yakima Counties, Washington. The beginning point is found on 
the ``Yakima, Washington,'' U.S.G.S. map at the Wapato Dam located on 
the Yakima River.
    (1) Then east following the crest of the Rattlesnake Hills across 
Elephant Mountain, Zillah Peak, High Top (elevation 3031 feet), and an 
unnamed mountain (elevation 3629 feet) to the Bennett Ranch;
    (2) Then due east approximately 0.2 mile to the boundary of the 
Hanford Atomic Energy Commission Works;
    (3) Then southeast following the boundary of the Hanford AEC Works 
along the Rattlesnake Hills to the Yakima River;
    (4) Then southeast across the top of Red Mountain to the peak of 
Badger Mountain;
    (5) Then due south for approximately 4.9 miles to the 1000 foot 
contour line immediately south of the Burlington Northern Railroad 
(indicated on map as the Northern Pacific Railroad);
    (6) Then west following the 1000 foot contour line to its 
intersection with U.S. Highway 97 immediately west of Hembre Mountain;
    (7) Then west following the Toppenish Ridge, across an unnamed 
mountain (elevation 2172 feet), an unnamed mountain (elevation 2363 
feet), to the peak of Toppenish Mountain (elevation 3609 feet);
    (8) Then northwest in straight line for approximately 9.3 miles to 
the lookout tower at Fort Simcoe Historical State Park;
    (9) Then north in a straight line for approximately 11.7 miles to an 
unnamed peak, (elevation 3372 feet); and
    (10) Then east following Ahtanum Ridge, crossing unnamed peaks of 
2037 feet elevation, 2511 feet elevation, 2141 feet elevation, to the 
Wapato Dam at the point of beginning.

[T.D. ATF-128, 48 FR 14375, Apr. 4, 1983]



Sec. 9.70  Northern Sonoma.

    (a) Name. The name of the viticultural area described in this 
section is ``Northern Sonoma.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Northern Sonoma viticultural area are the U.S.G.S. Topographical Map 
of Sonoma County, California, scale 1:100,000, dated 1970, the Asti 
Quadrangle, California, 7.5 minute series (Topographic) Map, dated 1959, 
photorevised 1978, and the Jimtown Quadrangle, California-Sonoma County, 
7.5 Minute series (Topographic) Map, dated 1955, photorevised 1975.
    (c) Boundary. The Northern Sonoma Viticultural area is located in 
Sonoma County, California. The boundary description in paragraphs (c)(1) 
through (c)(28) of this section includes (in parentheses) the local 
names of roads which are not identified by name on the map.
    (1) On the U.S.G.S. Topographical Map of Sonoma County, California, 
the beginning point is the point, in the town of Monte Rio, at which a 
secondary highway (Bohemian Highway) crosses the Russian River.
    (2) The boundary follows this secondary highway (Bohemian Highway) 
southeasterly across the Russian River, along Dutch Bill Creek, through 
the towns of Camp Meeker, Occidental, and Freestone, then northeasterly 
to the point at which it is joined by State Highway 12.
    (3) The boundary follows State Highway 12 through the town of 
Sebastopol to the point, near a bench mark at elevation 96 feet, at 
which it intersects a northbound secondary highway (Fulton Road) leading 
toward the town of Fulton.
    (4) The boundary follows this secondary highway (Fulton Road) north 
to the town of Fulton where it intersects an east-west secondary highway 
(River Road).

[[Page 146]]

    (5) The boundary follows this secondary highway (River Road)--
    (i) East past U.S. Highway 101 (where the name of this secondary 
highway changes to Mark West Springs Road),
    (ii) Easterly, then northerly to the town of Mark West Springs 
(where the name of this secondary highway changes to Porter Road),
    (iii) Easterly to the town of Petrified Forest (where the name of 
this secondary highway changes to Petrified Forest Road), and
    (iv) Northeasterly to the Sonoma County-Napa County line.
    (6) The boundary follows the Sonoma County-Napa County line 
northerly to the Sonoma County-Lake County line.
    (7) The boundary follows the Sonoma County-Lake County line 
northwesterly to the section line on the north side of Section 11, 
Township 10 North, Range 8 West.
    (8) The boundary follows this section line west to the northwest 
corner of Section 9, Township 10 North, Range 8, West.
    (9) The boundary follows the section line south to the southwest 
corner of Section 4, Township 9 North, Range 8, West.
    (10) The boundary proceeds northerly along the western lines of 
section 4, of Township 9 North, Range 8 West, and sections 33, 28, 21, 
16, and 9 of Township 10 North, Range 8 West of the Jimtown Quadrangle 
map.
    (11) The boundary proceeds westerly along the northern lines of 
sections 8 and 7, Township 10 North, Range 8 West and section 12, 
Township 10 North, Range 9 West to the southeastern corner of section 2, 
Township 10 North, Range 9 West.
    (12) The boundary proceeds northwesterly in a straight line to the 
eastern line of section 3 at 38 degrees 45 minutes latitude, Township 10 
North, Range 9 West.
    (13) The boundary proceeds westerly along latitude line 38 degrees 
45 minutes to the point lying at 122 degrees 52 minutes 30 seconds 
longitude.
    (14) The boundary proceeds northwesterly in a straight line to the 
southeast corner of section 4, Township 11 North, Range 10 West, on the 
Asti, Quadrangle map.
    (15) The boundary proceeds northeasterly in a straight line to the 
southeast corner of section 34, Township 12 North, Range 10 West.
    (16) The boundary proceeds north along the east boundary of section 
34, Township 12 North, Range 10 West on the U.S.G.S. Topographical Map 
of Sonoma County, California, to the Sonoma County-Mendocino County 
line.
    (17) The boundary proceeds along the Sonoma County-Mendocino County 
line west then south to the southwest corner of section 34, Township 12 
North, Range 11 West.
    (18) The boundary proceeds in a straight line east southeasterly to 
the southeast corner of section 2, Township 11 North, Range 11 West.
    (19) The boundary proceeds in a straight line south southeasterly to 
the southeast corner of section 24, Township 11 North, Range 11 West.
    (20) The boundary proceeds in a straight line southeasterly across 
sections 30, 31, and 32 in Township 11 North, Range 10 West, to the 
point at 38 degrees 45 minutes North latitude parallel and 123 degrees 
00 minutes East longitude in section 5, Township 10 North, Range 10 
West.
    (21) The boundary proceeds along this latitude parallel west to the 
west line of section 5, Township 10 North, Range 11 West.
    (22) The boundary proceeds along the section line south to the 
southeast corner of section 18, Township 9 North, Range 11 West.
    (23) The boundary proceeds in a straight line southwesterly 
approximately 5 miles to the peak of Big Oat Mountain, elevation 1,404 
feet.
    (24) The boundary proceeds in a straight line southerly 
approximately 2\3/4\ miles to the peak of Pole Mountain, elevation 2,204 
feet.
    (25) The boundary proceeds in a straight line southeasterly 
approximately 4\3/4\ miles to the confluence of Austin Creek and the 
Russian River.
    (26) The boundary proceeds along the Russian River northeasterly, 
then southeasterly to the beginning point.

[T.D. ATF-204, 50 FR 20562, May 17, 1985, as amended by T.D. ATF-233; 51 
FR 30354, Aug. 26, 1986; T.D. ATF-300, 55 FR 32402, Aug. 9, 1990]

[[Page 147]]



Sec. 9.71  Hermann.

    (a) Name. The name of the viticultural area described in this 
section is ``Hermann.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Hermann viticultural area are six U.S.G.S. Missouri 
Quadrangle maps, 7.5 minute series. They are entitled:
    (1) Hermann (1974).
    (2) Berger (1974).
    (3) Gasconade (1974).
    (4) Pershing (1974).
    (5) Swiss (1973).
    (6) Dissen (1973).
    (c) Boundaries. The Hermann viticultural area is located in central 
Missouri along and south of the Missouri River, in the northern portions 
of Gasconade and Franklin Counties. The boundaries of the Hermann 
viticultural area, using landmarks and points of reference found on the 
appropriate U.S.G.S. maps, are as follows:
    (1) Starting at the intersection of the Gasconade River with the 
Missouri River.
    (2) Then continuing east and northeast approximately 16.5 miles 
along the Missouri River Pacific Railroad, as it parallels the Missouri 
River, to the Gasconade/Franklin County line.
    (3) Then continuing along the Missouri Pacific Railroad southeast 
approximately 8.5 miles to the intersection Big Berger Creek.
    (4) Then southwest along the winding course of Big Berger Creek for 
approximately 20 miles (eight miles due southwest) to Township line 
T.44/45N.
    (5) Then west along the T.44/45N. line approximately 15.5 miles to 
the intersection of First Creek.
    (6) Then north and northwest along the course of First Creek 
approximately 13.7 miles (6.5 miles straight northwest) to the 
intersection of the Gasconade River.
    (7) Then northeast along the course of the Gasconade River 
approximately 3.8 miles to the beginning point.

[T.D. ATF-136, 48 FR 37372, Aug. 18, 1983, as amended by T.D. ATF-249, 
52 FR 5959, Feb. 27, 1987]



Sec. 9.72  Southeastern New England.

    (a) Name. The name of the viticultural area described in this 
section is ``Southeastern New England.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Southeastern New England viticultural area are three U.S.G.S. maps. 
They are entitled:
    (1) ``Boston, Mass.; N.H.; Conn.; R.I.; Maine'', scaled 1:250,000, 
edition of 1956, revised 1970;
    (2) ``Hartford, Conn.; N.Y.; N.J.; Mass.'', scaled 1:250,000, 
edition of 1962, revised 1975; and
    (3) ``Providence, R.I.; Mass.; Conn.; N.Y.'', scaled 1:250,000, 
edition of 1947, revised 1969.
    (c) Boundaries. The Southeastern New England viticultural area is 
located in the counties of New Haven, New London, and Middlesex in 
Connecticut; in the counties of Bristol, Newport, Providence, and 
Washington, in Rhode Island; and in the counties of Barnstable, Bristol, 
Dukes, Nantucket, Norfolk, and Plymouth in Massachusetts. The beginning 
point is found on the ``Hartford'' U.S.G.S. map in New Haven Harbor;
    (1) Then north following the Quinnipiac River to U.S. Interstate 91;
    (2) Then east following U.S. Interstate 91 to Connecticut Highway 
80;
    (3) Then east following Connecticut Highway 80 to Connecticut 
Highway 9 near Deep River;
    (4) Then north following Connecticut Highway 9 to Connecticut 
Highway 82;
    (5) Then north, east, south and east following Connecticut Highway 
82 and 182 to Connecticut Highway 2 in Norwich;
    (6) Then east following Connecticut Highway 2 to Connecticut Highway 
165;
    (7) Then east following Connecticut and Rhode Island Highway 165 to 
Interstate Highway 95 near Millville;
    (8) Then north following Interstate Highway 95 to the Kent County-
Washington County boundary;
    (9) Then east following the Kent County-Washington County boundary 
into Narragansett Bay;
    (10) Then north through Narragansett Bay, the Providence River, and 
the Blackstone River to the Rhode Island-Massachusetts State boundary;
    (11) Then east and south following the Rhode Island-Massachusetts 
State boundary to the Norfolk-Bristol (Mass.) County boundary;

[[Page 148]]

    (12) Then northeast following the Norfolk-Bristol (Mass.) County 
boundary to the Amtrak right-of-way (Penn Central on map) northeast of 
Mansfield;
    (13) Then north following the Amtrak right-of-way to the Neponset 
River immediately east of the Norwood Memorial Airport;
    (14) Then northeast following the Neponset River into Dorchester 
Bay;
    (15) Then east following the Norfolk-Suffolk County boundary, and 
the Plymouth-Suffolk County boundary into Massachusetts Bay;
    (16) Then returning to the point of beginning by way of 
Massachusetts Bay, the Atlantic Ocean, Block Island Sound and Long 
Island Sound; and including all of the offshore islands in Norfolk, 
Plymouth, Barnstable, Nantucket, Dukes, and Bristol Counties, 
Massachusetts; all offshore islands in Rhode Island; and all offshore 
islands in Connecticut east of the Quinnipiac River.

[T.D. ATF-169, 49 FR 11830, Mar. 28, 1984]



Sec. 9.73  Martha's Vineyard.

    (a) Name. The name of the viticultural area described in this 
section is ``Martha's Vineyard.''
    (b) Approved maps. The approved map for determining the boundary of 
the Martha's Vineyard viticultural area is the U.S.G.S. map, 
``Providence, R.I.; Mass.; Conn.; N.Y.;'' scaled 1:250,000, edition of 
1947 revised 1969.
    (c) Boundaries. The Martha's Vineyard viticultural area is located 
entirely within Dukes County, Massachusetts. The boundary of the 
Martha's Vineyard viticultural area is the shoreline of the islands 
named ``Martha's Vineyard'' and ``Chappaquiddic Island'' on the 
``Providence'' U.S.G.S. map, and the viticultural area comprises the 
entire area of the islands.

[T.D. ATF-193, 50 FR 256, Jan 3, 1985]



Sec. 9.74  Columbia Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Columbia Valley.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Columbia Valley viticultural area are nine 1:250,000 scale U.S.G.S. 
maps. They are entitled:
    (1) ``Concrete, Washington, U.S.; British Columbia, Canada,'' 
edition of 1955, limited revision 1962;
    (2) ``Okanogan, Washington,'' edition of 1954, limited revision 
1963;
    (3) ``Pendleton, Oregon, Washington,'' edition of 1953, revised 
1973;
    (4) ``Pullman, Washington, Idaho,'' edition of 1955, revised 1974;
    (5) ``Ritzville, Washington,'' edition of 1953, limited revision 
1965;
    (6) ``The Dalles, Oregon, Washington,'' edition of 1953, revised 
1971;
    (7) ``Walla Walla, Washington, Oregon,'' edition of 1953, limited 
revision 1963;
    (8) ``Wenatchee, Washington,'' edition of 1957, revised 1971; and
    (9) ``Yakima, Washington,'' edition of 1958, revised 1971.
    (c) Boundaries. The Columbia Valley viticultural area is located in 
Adams, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, 
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Stevens, Walla Walla, 
Whitman, and Yakima Counties, Washington, and in Gilliman, Morrow, 
Sherman, Umatilla, and Wasco Counties, Oregon. The beginning point is 
found on ``The Dalles'' U.S.G.S. map at the confluence of the Klickitat 
and Columbia Rivers:
    (1) Then north and east following the Klickitat and Little Klickitat 
Rivers to U.S. Highway 97 northeast of Goldendale;
    (2) Then north following U.S. Highway 97 to the 1,000[foot] contour 
line southwest of Hembre Mountain;
    (3) Then west following the Toppenish Ridge, across unnamed 
mountains of 2,172[foot] and 2,363[foot] elevation, to the peak of 
Toppenish Mountain, elevation 3,609[foot];
    (4) Then northwest in a straight line for approximately 11.3 miles 
to the intersection of Agency Creek with the township line between R. 15 
E. and R. 16 E.;
    (5) Then north following the township line between R. 15 E. and R. 
16 E. to the Tieton River;
    (6) Then northeast following the Tieton River to the confluence with 
the Naches River;

[[Page 149]]

    (7) Then east in a straight line for approximately 15.3 miles to the 
intersection of the 46 deg.45[min] latitude line with the Yakima River;
    (8) Then north following the Yakima River to the confluence with the 
North Branch Canal approximately one mile northwest of Throp;
    (9) Then north, east, and southeast following the North Branch Canal 
to its intersection with U.S. Interstate 90 in Johnson Canyon;
    (10) Then east following U.S. Interstate 90 to the Columbia River;
    (11) Then north following the Columbia River to the township line 
between T. 21 N. and T. 22 N. immediately north of the Rock Island Dam;
    (12) Then west following the township line between T. 21 N. and T. 
22 N. for approximately 7.1 miles (from the west shore of the Columbia 
River) to the 2,000[foot] contour line immediately west of Squilchuck 
Creek;
    (13) Then north and west following the 2,000[foot] contour line to 
the township line between R. 18 E. and R. 19 E. west of the landing area 
at Cashmere-Dryden;
    (14) Then north following the township line between R. 18 E. and R. 
19 E. for approximately 4.4 miles to the 2,000[foot] contour line in 
Ollala Canyon;
    (15) Then east, north, and northwest following the 2,000[foot] 
contour line to the township line between R. 19 E. and R. 20 E. 
immediately west of Ardenoir;
    (16) Then north following the township line between R. 19 E. and R. 
20 E for approximately 2.8 miles to the 2,000[foot] contour line 
immediately north of the secondary road;
    (17) Then southwest and north following the 2,000[foot] contour line 
to the township line between T. 28 N. and T. 29 N.;
    (18) Then east following the township line between T. 28 N. and T. 
29 N. for approximately 2.1 miles to the 2,000[foot] contour line 
immediately east of Lake Chelan;
    (19) Then southeast and north following the 2,000[foot] contour line 
(beginning in the ``Wenatchee'' U.S.G.S. map, passing through the 
``Ritzville'' and ``Okanogan'' maps, and ending in the ``Concrete'' map) 
to the point where the 2,000[foot] contour line intersects the township 
line between T. 30 N. and T. 31 N. immediately west of Methow;
    (20) Then east following the township line between T. 30 N. and T. 
31 N. for approximately 20.2 miles to the 2,000[foot] contour line east 
of Monse;
    (21) Then south and east following the 2,000[foot] contour line to 
the township line between T. 30 N. and T. 31 N. west of Alkali Lake;
    (22) Then northeast in a straight line for approximately 10.7 miles 
to the point of intersection of the 2,000[foot] contour line with Coyote 
Creek;
    (23) Then east, north, south, east, and north following the 
2,000[foot] contour line to the township line between T. 29 N. and T. 30 
N. immediately west of the Sanpoil River;
    (24) Then east following the township line between T. 29 N. and T. 
30 N. for approximately 2.3 miles to the 2,000[foot] contour line 
immediately east of the Sanpoil River;
    (25) Then south, east, and north following the 2,000[foot] contour 
line to the township line between T. 29 N. and T 30 N. at Ninemile Flat;
    (26) Then east following the township line between T. 29 N. and T. 
30 N. for approximately 10.7 miles to the township line between R. 36 E. 
and R. 37 E.;
    (27) Then south following the township line between R. 36 N. and R. 
37 E. to the township line between T. 26 N. and T. 27 N.;
    (28) Then west following the township line between T. 26 N. and T. 
27 N. to Banks Lake;
    (29) Then south following Banks Lake to Dry Falls Dam;
    (30) Then west and south following U.S. Highway 2 and Washington 
Highway 17 to the intersection with Washington Highway 28 in Soap Lake;
    (31) Then southeast in a straight line for approximately 4.7 miles 
to the source of Rocky Ford Creek near a fish hatchery;
    (32) Then south following Rocky Ford Creek and Moses Lake to U.S. 
Interstate 90 southwest of the town of Moses Lake;
    (33) Then east following U.S. Interstate 90 to the Burlington 
Northern (Northern Pacific) Railroad right-of-way at Raugust Station;
    (34) Then south following the Burlington Northern (Northern Pacific)

[[Page 150]]

Railroad right-of-way to Washington Highway 260 in Connell;
    (35) Then east following Washington Highway 260 through Kahlotus to 
the intersection with Washington Highway 26 in Washtucna;
    (36) Then east following Washington Highways 26 and 127 through La 
Crosse and Dusty to the intersection with U.S. Highway 195 at Colfax;
    (37) Then south following U.S. Highway 195 to the Washington-Idaho 
State boundary;
    (38) Then south following the Washington-Idaho State boundary to the 
Snake River and continuing along the Snake River to the confluence with 
Asotin Creek;
    (39) Then west following Asotin Creek and Charley Creek to the 
township line between R. 42 E. and R. 43 E.;
    (40) Then north following the township line between R. 42 E. and R. 
43 E. to Washington Highway 128 in Peola;
    (41) Then north following Washington Highway 128 to the intersection 
with U.S. Highway 12 in Pomeroy;
    (42) Then west following U.S. Highway 12 for approximately 5 miles 
to the intersection with Washington Highway 126 [in Zumwalt];
    (43) Then southwest following Washington Highway 126 and U.S. 
Highway 12 through Marengo, Dayton, and Waitsburg to a point where an 
unnamed light-duty road leaves Highway 12 in an easterly direction in 
Minnick Station, Washington;
    (44) Then east following the unnamed light-duty road for 
approximately 250 feet until it reaches the 2000[foot] contour line;
    (45) Then south and southwest following the 2000[foot] contour line 
to the place where it crosses Oregon Highway 74 in Windmill, Oregon;
    (46) Then west following Oregon Highway 74 to Highway 207 in 
Heppner;
    (47) Then southwest following Oregon Highway 207 to Highway 206 in 
Ruggs;
    (48) Then northwest following Oregon Highway 206 to the intersection 
with the township line between T. 1 S. and T. 2 S.;
    (49) Then west following the township line between T. 1 S. and T. 2 
S. to the Deschutes River;
    (50) Then north following the Deschutes River to the Willamette Base 
Line;
    (51) Then west following the Willamette Base Line to the township 
line between R. 12 E. and R. 13 E.;
    (52) Then north following the township line between R. 12 E. and R. 
13. to the Columbia River;
    (53) Then west following the Columbia River to the confluence with 
the Klickitat River and the point of beginning.

[T.D. ATF-190, 49 FR 44897, Nov. 13, 1984, as amended by T.D. ATF-249, 
52 FR 5959, Feb. 27, 1987; 52 FR 10224, Mar. 31, 1987; T.D. ATF-344, 58 
FR 40354, July 28, 1993; T.D. ATF-441, 66 FR 11542, Feb. 26, 2001]



Sec. 9.75  Central Coast.

    (a) Name. The name of the viticultural area described in this 
section is ``Central Coast.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Central Coast viticultural area are the following 18 U.S.G.S. 
topographic maps:
    (1) Monterey, California (formerly, the Santa Cruz map), scale 
1:250,000, NJ 10-12, dated 1974;
    (2) Watsonville East, Calif. Quadrangle, Scale 1:24,000, dated 1955, 
photorevised 1968;
    (3) Mt. Madonna, Calif. Quadrangle, Scale 1:24,000, dated 1955, 
photorevised 1980;
    (4) Loma Prieta, Calif. Quadrangle, Scale 1:24,000, dated 1955, 
photorevised 1968;
    (5) Morgan Hill, Calif. Quadrangle, Scale 1:24,000, dated 1955, 
photorevised 1980;
    (6) Santa Teresa Hills, Calif. Quadrangle, Scale 1:24,000, dated 
1953, photorevised 1968;
    (7) Los Gatos, Calif. Quadrangle, Scale 1:24,000, dated 1953, 
photorevised 1980;
    (8) Castle Rock Ridge, Calif. Quadrangle, Scale 1:24,000, dated 
1955, photorevised 1968, photoinspected 1973;
    (9) San Jose, California, scale 1:250,000, NJ 10-9, dated 1962, 
revised 1969;
    (10) Dublin, Calif. Quadrangle, scale 1:24,000, dated 1961, 
photorevised 1980;

[[Page 151]]

    (11) Livermore, Calif. Quadrangle, scale 1:24,000, dated 1961, 
photorevised 1968 and 1973;
    (12) Tassajara, Calif. Quadrangle, scale 1:24,000, dated 1953, 
photoinspected 1974;
    (13) Byron Hot Springs, Calif. Quadrangle, scale 1:24,000, dated 
1953, photorevised 1968;
    (14) Altamont, Calif. Quadrangle, scale 1:24,000, dated 1953, 
photorevised 1968;
    (15) Mendenhall Springs, Calif. Quadrangle, scale 1:24,000, dated 
1956, photorevised 1971;
    (16) San Luis Obispo, California, scale 1:250,000, NI 10-3, dated 
1956, revised 1969 and 1979;
    (17) Santa Maria, California, scale 1:250,000, NI 10-6, 9, dated 
1956, revised 1969;
    (18) Los Angeles, California, scale 1:250,000, NI 11-4, dated 1974;
    (19) Diablo, California, scale 1:24,000, dated 1953, Photorevised 
1980;
    (20) Clayton, California, scale 1:24,000, dated 1953, Photorevised 
1980;
    (21) Honker Bay, California, scale 1:24,000, dated 1953, 
Photorevised 1980;
    (22) Vine Hill, California, scale 1:24,000, dated 1959, Photorevised 
1980;
    (23) Benicia, California, scale 1:24,000, dated 1959, Photorevised 
1980;
    (24) Mare Island, California, scale 1:24,000, dated 1959, 
Photorevised 1980;
    (25) Richmond, California, scale 1:24,000, dated 1959, Photorevised 
1980;
    (26) San Quentin, California, scale 1:24,000, dated 1959, 
Photorevised 1980;
    (27) Oakland West, California, scale 1:24,000, dated 1959, 
Photorevised 1980;
    (28) San Francisco North, California, scale 1:24,000, dated 1956, 
Photorevised 1968 and 1973;
    (29) San Francisco South, California, scale 1:24,000, dated 1956, 
Photorevised 1980;
    (30) Montara Mountain, California, scale 1:24,000, dated 1956, 
Photorevised 1980;
    (31) Half Moon Bay, California, scale 1:24,000, dated 1961, 
Photoinspected 1978, Photorevised 1968 and 1973;
    (32) San Gregorio, California, scale 1:24,000, dated 1961, 
Photoinspected 1978, Photorevised 1968;
    (33) Pigeon Point, California, scale 1:24,000, dated 1955, 
Photorevised 1968;
    (34) Franklin Point, California, scale 1:24,000, dated 1955, 
Photorevised 1968;
    (35) Ano Nuevo, California, scale 1:24,000, dated 1955, Photorevised 
1968;
    (36) Davenport, California, scale 1:24,000, dated 1955, Photorevised 
1968;
    (37) Santa Cruz, California, scale 1:24,000, dated 1954, 
Photorevised 1981;
    (38) Felton, California, scale 1:24,000, dated 1955, Photorevised 
1980;
    (39) Laurel, California, scale 1:24,000, dated 1955, Photoinspected 
1978, Photorevised 1968;
    (40) Soquel, California, scale 1:24,000, dated 1954, Photorevised 
1980; and
    (41) Watsonville West, California, scale 1:24,000, dated 1954, 
Photorevised 1980.
    (c) Boundary. The Central Coast viticultural area is located in the 
following California counties: Monterey, Santa Cruz, Santa Clara, 
Alameda, San Benito, San Luis Obispo, Santa Barbara, San Francisco, San 
Mateo, and Contra Costa. The Santa Cruz Mountains viticultural area is 
excluded. (The boundaries of the Santa Cruz Mountains viticultural area 
are described in 27 CFR Sec. 9.31.)
    (1) The beginning point is the point at which the Pajaro River flows 
into Monterey Bay. (Monterey map)
    (2) The boundary follows north along the shoreline of the Pacific 
Ocean (across the Watsonville West, Soquel, Santa Cruz, Davenport, Ano 
Nuevo, Franklin Point, Pigeon Point, San Gregorio, Half Moon Bay, 
Montara Mountain and San Francisco South maps) to the San Francisco/
Oakland Bay Bridge. (San Francisco North Quadrangle)
    (3) From this point, the boundary proceeds east on the San 
Francisco/Oakland Bay Bridge to the Alameda County shoreline. (Oakland 
West Quadrangle)
    (4) From this point, the boundary proceeds east along the shoreline 
of Alameda County and Contra Costa County across the Richmond, San 
Quentin, Mare Island, and Benicia maps to a point marked BM 15 on the 
shoreline of Contra Costa County. (Vine Hill Quadrangle)
    (5) From this point, the boundary proceeds in a southeasterly 
direction in a straight line across the Honker Bay

[[Page 152]]

map to Mulligan Hill elevation 1,438. (Clayton Quadrangle)
    (6) The boundary proceeds in southeasterly direction in a straight 
line to Mt. Diablo elevation 3,849. (Clayton Quadrangle)
    (7) The boundary proceeds in a southeasterly direction in a straight 
line across the Diablo and Tassajara maps to Brushy Peak elevation 
1,702. (Byron Hot Springs Quadrangle)
    (8) The boundary proceeds due south, approximately 400 feet, to the 
northern boundaries of Section 13, Township 2 South, Range 2 East. 
(Byron Hot Springs Quadrangle)
    (9) The boundary proceeds due east along the northern boundaries of 
Section 13 and Section 18, Township 2 South, Range 3 East, to the 
northeast corner of Section 18. (Byron Hot Springs Quadrangle)
    (10) Then proceed south along the eastern boundaries of Sections 18, 
19, 30, and 31 in Township 2 South, Range 3 East to the southeast corner 
of Section 31. (Byron Hot Springs Quadrangle)
    (11) Then proceed east along the southern border of Section 32, 
Township 2 South, Range 3 East to the northwest corner of Section 4. 
(Altamont Quadrangle)
    (12) Then proceed south along the western border of Sections 4 and 
9. (Altamont Quadrangle)
    (13) Then proceed south along the western border of Section 16 
approximately 4275 feet to the point where the 1100 meter elevation 
contour intersects the western border of Section 16. (Altamont 
Quadrangle)
    (14) Then proceed in a southeasterly direction along the 1100 meter 
elevation contour to the intersection of the southern border of Section 
21 with the 1100 meter elevation contour. (Altamont Quadrangle)
    (15) Then proceed west to the southwest corner of Section 20. 
(Altamont Quadrangle)
    (16) Then proceed south along the western boundaries of Sections 29 
and 32, Township 3 South, Range 3 East and then south along the western 
boundaries of Sections 5, 8, 17, 20, Township 4 South, Range 3 East to 
the southwest corner of Section 20. (Mendenhall Springs Quadrangle)
    (17) The boundary follows the east-west section line west along the 
southern boundary of Section 19 in Township 4 South, Range 3 east, and 
west along the southern boundary of Section 24 in Township 4 South, 
Range 2 east, to the southwest corner of that Section 24. (Mendenhall 
Springs Quadrangle)
    (18) The boundary follows the north-south section line north along 
the western boundary of Section 24 in Township 4 South, Range 2 east, to 
the northwest corner of that Section 24. (Mendenhall Springs Quadrangle)
    (19) The boundary follows the east-west section line west along the 
southern boundary of Section 14 in Township 4 South, Range 2 east, to 
the southwest corner of that Section 14. (Mendenhall Springs Quadrangel)
    (20) The boundary follows the north-south section line north along 
the western boundary of Section 14 in Township 4 South, Range 2 east, to 
the Hetch Hetchy Aqueduct. (Mendenhall Springs Quadrangle)
    (21) The boundary follows the Hetch Hetchy Aqueduct southwesterly to 
the range line dividing Range 1 East from Range 2 East. (San Jose map)
    (22) The boundary follows this range line south to its intersection 
with State Route 130. (San Jose map)
    (23) The boundary follows State Route 130 southeasterly to its 
intersection with the township line dividing Township 6 South from 
Township 7 South. (San Jose map)
    (24) From this point, the boundary proceeds in a straight line 
southeasterly to the intersection of the township line dividing Township 
7 South from Township 8 South with the range line dividing Range 2 East 
from Range 3 East. (San Jose map)
    (25) From this point, the boundary proceeds in a straight line 
southeasterly to the intersection of the township line dividing Township 
8 South from Township 9 South with the range line dividing Range 3 East 
from Range 4 East. (San Jose map)
    (26) From this point, the boundary proceeds in a straight line 
southeasterly to the intersection of Coyote Creek with the township line 
dividing Township 9 South from Township 10 South. (San Jose map)

[[Page 153]]

    (27) From this point, the boundary proceeds in a straight line 
southeasterly to the intersection of the 37 deg.00[min] North 
latitude parallel with State Route 152. (San Jose map)
    (28) The boundary follows the 37 deg.00[min] North 
latitude parallel east to the range line dividing Range 5 East from 
Range 6 East. (Monterey map)
    (29) The boundary follows this range line south to the San Benito-
Santa Clara County line. (Monterey map)
    (30) The boundary follows the San Benito-Santa Clara County line 
easterly to the San Benito-Merced County line. (Monterey map)
    (31) The boundary follows the San Benito-Merced County line 
southeasterly to the conjunction of the county lines of San Benito, 
Merced, and Fresno Counties. (Monterey map)
    (32) From this point, the boundary proceeds in a southwesterly 
extension of the Merced-Fresno County line to Salt Creek. (Monterey map)
    (33) From this point, the boundary proceeds in a straight line 
southeasterly to the conjunction of the county lines of Monterey, San 
Benito, and Fresno Counties. (Monterey map)
    (34) The boundary follows the Monterey-Fresno County line 
southeasterly to the Monterey-Kings County line. (Monterey and San Luis 
Obispo maps)
    (35) The boundary follows the Monterey-Kings County line 
southeasterly to the San Luis Obispo-Kings County line. (San Luis Obispo 
map)
    (36) The boundary follows the San Luis Obispo-Kings County line east 
to the San Luis Obispo-Kern County line. (San Luis Obispo map)
    (37) The boundary follows the San Luis Obispo-Kern County line 
south, then east, then south to the point at which the county line 
diverges easterly from the range line dividing Range 17 East from Range 
18 East. (San Luis Obispo map)
    (38) The boundary follows this range line south to the township line 
dividing Township 28 South from Township 29 South. (San Luis Obispo map)
    (39) The boundary follows the township line west to the range line 
dividing Range 13 East from Range 14 East. (San Luis Obispo map)
    (40) The boundary follows this range line south to the boundary of 
the Los Padres National Forest. (San Luis Obispo map)
    (41) The boundary follows the boundary of the Los Padres National 
Forest southeasterly to the creek of Toro Canyon. (San Luis Obispo, 
Santa Maria, and Los Angeles maps)
    (42) The boundary follows the creek of Toro Canyon southerly to the 
Pacific Ocean. (Los Angeles map)
    (43) The boundary follows the shoreline of the Pacific Ocean and 
Monterey Bay northerly to the beginning point. (Los Angeles, Santa 
Maria, San Luis Obispo, and Monterey maps)

[T.D. ATF-216, 50 FR 43130, Oct. 24, 1985, as amended by T.D. ATF-407, 
64 FR 3023, Jan. 20, 1999]



Sec. 9.76  Knights Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Knights Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Knights Valley viticultural area are four U.S.G.S. 
maps. They are--
    (1) ``Mount St. Helena Quadrangle, California,'' 7.5 minute series, 
1959 (Photoinspected 1973);
    (2) ``Jimtown Quadrangle, California,'' 7.5 minute series, 1955 
(Photorevised 1975);
    (3) ``Mark West Springs Quadrangle, California,'' 7.5 minute series, 
1958; and
    (4) ``Detert Reservoir Quadrangle, California,'' 7.5 minute series, 
1958 (Photorevised 1980).
    (c) Boundary. The Knights Valley viticultural area is located in 
northeastern Sonoma County, California. From the beginning point lying 
at the intersection of the Sonoma/Lake County line and the north line of 
Section 11, Township 10 North (T. 10 N.), Range 8 West (R. 8 W.) on the 
``Mount St. Helena Quadrangle'' map, the boundary runs--
    (1) Westerly along the north line of Sections 11, 10, and 9, T. 10 
N., R. 8 W. to the northwest corner of Section 9 on the ``Jimtown 
Quadrangle'' map;
    (2) Then southerly along the west line of Sections 9, 16, 21, 28, 
and 33, T. 10 N., R. 8 W., continuing along the west line of Section 4, 
T. 9 N., R. 8 W. to the southwest corner thereof;
    (3) Then easterly along the south line of Section 4 to the southeast 
corner

[[Page 154]]

thereof on the ``Mount St. Helena Quadrangle'' map;
    (4) Then southerly along the west line of Sections 10, 15, and 22, 
T. 9 N., R. 8 W. to the point of intersection with Franz Creek in 
Section 22 on the ``Mark West Springs Quadrangle'' map;
    (5) Then easterly along Franz Creek approximately 14,000 feet to the 
centerline of Franz Valley Road;
    (6) Then southerly along the centerline of Franz Valley Road to the 
point of intersection with the west line of Section 6, T. 8 N., R. 7 W.;
    (7) Then southerly along the west line of Section 6 to the southwest 
corner thereof;
    (8) Then easterly along the south line of Sections 6, 5, and 4, T. 8 
N., R. 7 W. to the southeast corner of Section 4;
    (9) Then northerly along the east line of Section 4 to the point of 
intersection with the Sonoma/Napa County line;
    (10) Then northerly along the meanders of the Sonoma/Napa County 
line on the ``Mark West Springs Quadrangle,'' ``Detert Reservoir 
Quadrangle,'' and ``Mount St. Helena Quadrangle'' maps to the point of 
intersection with the Lake County line on the ``Mount St. Helena 
Quadrangle'' map;
    (11) Then northerly along the meanders of the Sonoma/Lake County 
line on the ``Mount St. Helena Quadrangle'' and ``Detert Reservoir 
Quadrangle'' maps to the point of beginning.

[T.D. ATF-158, 48 FR 48816, Oct. 21, 1983]



Sec. 9.77  Altus.

    (a) Name. The name of the viticultural area described in this 
section is ``Altus.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Altus viticultural area are five U.S.G.S. maps in the 
7.5 minute series. They are titled:
    (1) Ozark Quadrangle, 1966.
    (2) Coal Hill Quadrangle, 1961.
    (3) Hartman Quadrangle, 1961.
    (4) Hunt Quadrangle, 1963.
    (5) Watalula Quadrangle, 1973.
    (c) Boundary--(1) General. The Altus viticultural area is located in 
Arkansas. The starting point of the following boundary description is 
the crossing of the Missouri Pacific Railroad over Gar Creek, near the 
Arkansas River at the southeast corner of the city of Ozark, Arkansas 
(on the Ozark Quadrangle map).
    (2) Boundary Description:
    (i) From the crossing of the Missouri Pacific Railroad over Gar 
Creek, following the railroad tracks eastward to the crossing over 
Horsehead Creek (on the Hartman Quadrangle map).
    (ii) From there northward along Horsehead Creek to the merger with 
Dirty Creek (on the Coal Hill Quadrangle map).
    (iii) From there generally northwestward along Dirty Creek to 
Arkansas Highway 352 (where Dirty Creek passes under the highway as a 
perennial stream--on the Hunt Quadrangle map).
    (iv) From there along Highway 352 westward to Arkansas Highway 219 
(on the Watalula Quadrangle map).
    (v) Then southward along Highway 219 to Gar Creek (on the Ozark 
Quadrangle map).
    (vi) Then southeastward along Gar Creek to the beginning point.

[T.D. ATF-176, 49 FR 22471, May 30, 1984]



Sec. 9.78  Ohio River Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Ohio River Valley.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Ohio River Valley viticultural area are 12 U.S.G.S. topographic maps 
in the scale 1:250,000, as follows:
    (1) Paducah NJ 16-7 (dated 1949, revised 1969);
    (2) Belleville NJ 16-4 (dated 1958, revised 1977);
    (3) Vincennes NJ 16-5 (dated 1956, revised 1969);
    (4) Louisville NJ 16-6 (dated 1956, revised 1969);
    (5) Cincinnati NJ 16-3 (dated 1953, revised 1974);
    (6) Columbus NJ 17-1 (dated 1967);
    (7) Clarksburg NJ 17-2 (dated 1956, limited revision 1965);
    (8) Canton NJ 17-11 (dated 1957, revised 1969);
    (9) Charleston NJ 17-5 (dated 1957, limited revision 1965);
    (10) Huntington NJ 17-4 (dated 1957, revised 1977);
    (11) Winchester NJ 16-9 (dated 1957, revised 1979); and

[[Page 155]]

    (12) Evansville NJ 16-8 (dated 1957, revised 1974);
    (c) Boundary. The Ohio River Valley viticultural area is located in 
Indiana, Ohio, West Virginia and Kentucky. The boundary description in 
paragraphs (c)(1)-(c)(21) of this section includes, for each point, the 
name of the map sheet (in parentheses) on which the point can be found.
    (1) The beginning point is the point at which the Kentucky, 
Illinois, and Indiana State lines converge at the confluence of the 
Wabash River and the Ohio River (Paducah map).
    (2) The boundary follows the Illinois-Indiana State line northerly 
(across the Belleville map) to Interstate Route 64 (Vincennes map).
    (3) From the intersection of Interstate Route 64 and the Wabash 
River, the boundary proceeds in a straight line northeasterly to the 
town of Oatsville in Pike County, Indiana (Vincennes map).
    (4) The boundary proceeds in a straight line southeasterly to the 
point in Spencer County, Indiana, at which State Route 162 diverges 
northerly from U.S. Route 460, which is knownlocally as State Route 62 
(Vincennes map).
    (5) The boundary proceeds in a straight line northeasterly to the 
point in Harrison County, Indiana, at which State Route 66 diverges 
northerly from State Route 64 (Vincennes map).
    (6) The boundary proceeds in a straight line northeasterly (across 
the Louisville map) to the town of New Marion in Ripley County, Indiana 
(Cincinnati map).
    (7) The boundary proceeds in a straight line northerly to the town 
of Clarksburg in Decatur County, Indiana (Cincinnati map).
    (8) The boundary proceeds in a straight line easterly to the town of 
Ridgeville in Warren County, Ohio (Cincinnati map).
    (9) The boundary proceeds in a straight line southeasterly to the 
town of Chapman in Jackson County, Ohio (Columbus map).
    (10) The boundary proceeds in a straight line northeasterly to the 
town identified on the map as Hesboro, also known as Ilesboro, in 
Hocking County, Ohio (Columbus map).
    (11) The boundary proceeds in a straight line northeasterly to the 
town of Tacoma in Belmont County, Ohio (Clarksburg map).
    (12) The boundary proceeds in a straight line easterly to the town 
of Valley Grove in Ohio County, West Virginia (Canton map).
    (13) The boundary proceeds in a straight line southerly to the town 
of Jarvisville in Harrison County, West Virginia (Clarksburg map).
    (14) The boundary proceeds in a straight line southwesterly to the 
town of Gandeeville in Roane County West Virginia (Charleston map).
    (15) The boundary proceeds in a straight line southwesterly to the 
town of Atenville in Lincoln County West Virginia (Huntington map).
    (16) The boundary proceeds in a straight line westerly to the town 
of Isonville in Elliott County, Kentucky (Huntington map).
    (17) The boundary proceeds in a straight line northwesterly to the 
town of Berlin in Bracken County, Kentucky (Louisville map).
    (18) The boundary proceeds in a straight line westerly to the town 
of Dry Ridge in Grant County, Kentucky (Louisville map).
    (19) The boundary proceeds in a straight line southwesterly to the 
town of Crest in Hardin County, Kentucky (Winchester map).
    (20) The boundary proceeds in a straight line westerly to the 
intersection of State Route 56 and U.S. Route 41 in the city of Sebree 
in Webster County, Kentucky (Evansville map).
    (21) The boundary proceeds in a straight line northwesterly to the 
beginning point (Paducah map).

[T.D. ATF-144, 48 FR 40379, Sept. 7, 1983, as amended by T.D. ATF-249, 
52 FR 5959, Feb. 27, 1987]



Sec. 9.79  Lake Michigan Shore.

    (a) Name. The name of the viticultural area described in this 
section is ``Lake Michigan Shore.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Lake Michigan Shore viticultural area are four 
U.S.G.S. maps, 1:250,000 series. They are entitled: (1) Chicago (1953, 
revised 1970); (2) Fort Wayne

[[Page 156]]

(1953, revised 1969); (3) Racine (1958, revised 1969); and (4) Grand 
Rapids (1958, revised 1980).
    (c) Boundaries. The Lake Michigan Shore viticultural area is located 
in the southwestern corner of the State of Michigan. The boundaries of 
the Lake Michigan Shore viticultural area, using landmarks and points of 
reference found on the appropriate U.S.G.S maps, are as follows:
    (1) Starting at the most northern point, the intersection the 
Kalamazoo River with Lake Michigan.
    (2) Then southeast along the winding course of the Kalamazoo River 
for approximately 35 miles until it intersects the Penn Central railroad 
line just south of the City of Otsego.
    (3) Then south along the Penn Central railroad line, through the 
City of Kalamazoo, approximately 25 miles until it intersects the Grand 
Trunk Western railroad line at the community of Schoolcraft.
    (4) Then southwest along the Grand Trunk Western railroad line 
approximately 35 miles to the Michigan/ Indiana State line.
    (5) Then west along the Michigan-Indiana State line approximately 38 
miles until it meets Lake Michigan.
    (6) Then north along the eastern shore of Lake Michigan 
approximately 72 miles to the beginning point.

[T.D. ATF-153, 48 FR 46526, Oct. 13, 1983, as amended by T.D. ATF-249, 
52 FR 5959, Feb. 27, 1987]



Sec. 9.80  York Mountain.

    (a) Name. The name of the viticultural area described in this 
section is ``York Mountain.''
    (b) Approved map. The approved map for the York Mountain 
viticultural area is the U.S.G.S. map entitled ``York Mountain 
Quadrangle,'' 7.5 minute series (topographic), 1949 (photorevised 1979).
    (c) Boundaries. The York Mountain viticultural area is located in 
San Luis Obispo County, California. The boundaries are as follows:
    (1) From the beginning point at the northwest corner of the York 
Mountain Quadrangle map where the Dover Canyon Jeep Trail and Dover 
Canyon Road intersect, proceed east along Dover Canyon Road 1.5 miles to 
the western boundary line of Rancho Paso de Robles;
    (2) Follow the western boundary line of Rancho Paso de Robles 
southwest 6.0 miles to where the boundary joins Santa Rita Creek;
    (3) Turn right at Santa Rita Creek and follow the creek 5 miles to 
where the waters of Dover Canyon and Santa Rita Creek meet; and
    (4) Then proceed north along Dover Canyon Creek to its intersection 
with Dover Canyon Road, then following Dover Canyon Road (which becomes 
Dover Canyon Jeep Trail) back to the point of beginning.

[T.D. ATF-143, 48 FR 38463, Aug. 24, 1983, as amended by T.D. ATF-249, 
52 FR 5959, Feb. 27, 1987]



Sec. 9.81  Fiddletown.

    (a) Name. The name of the viticultural area described in this 
section is ``Fiddletown.''
    (b) Approved maps. The approved maps for the Fiddletown viticultural 
area are four U.S.G.S. maps entitled:
    (1) Fiddletown, CA, 1949, 7.5 minute series;
    (2) Amador City, CA, 1962, 7.5 minute series;
    (3) Pine Grove, CA, 1948 (photoinspected 1973), 7.5 minute series;
    (4) Aukum, CA, 1952 (photorevised 1973), 7.5 minute series.
    (c) Boundaries. The Fiddletown viticultural area is located in 
Amador County, California. The boundaries are as follows:
    (1) From the beginning point at the north boundary where Fiddletown 
Shenandoah Road crosses Big Indian Creek in Section 28, Township 8 N, 
Range 11 E, proceed in a southwesterly direction following Big Indian 
Creek through the southeast corner of Section 29, crossing the northwest 
corner of Section 32 to where it meets Section 31;
    (2) Then in a southerly direction follow the Section line between 
Sections 31 and 32, Township 8 N, Range 11 E, and Sections 5 and 6, 7 
and 8, Township 7 N, Range 11 E, to where the Section line meets the 
South Fork of Dry Creek;
    (3) Then following the South Fork of Dry Creek in an easterly 
direction crossing the lower portions of Sections

[[Page 157]]

8, 9, 10, 11, 12 and into Township 8 N, Range 12 E, at Section 7 and 
across Section 7 to where it meets Section 8;
    (4) Then north following the Section line between Sections 7 and 8, 
5 and 6 into Township 8 N, Range 12 E, between Sections 31 and 32, to 
Big Indian Creek; and
    (5) Then following Big Indian Creek in a northwesterly direction 
through Sections 31, 30, 25, 26 and 27, returning to the point of 
beginning.

[T.D. ATF-147, 48 FR 45239, Oct. 4, 1983, as amended by T.D. ATF-249, 52 
FR 5959, Feb. 27, 1987]



Sec. 9.82  Potter Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Potter Valley.''
    (b) Approved map. The approved maps for the Potter Valley 
viticultural area are the U.S.G.S. maps entitled ``Potter Valley 
Quadrangle, California,'' 1960, and ``Ukiah Quadrangle, California,'' 
1958, 15 minute series (topographic).
    (c) Boundaries. The Potter Valley viticultural area is located in 
Mendocino County, California. The boundaries are as follows:
    (1) From the beginning point at the southeast corner of quadrant 36 
and southwest corner of quadrant 32 (a point where Mendocino and Lake 
Counties border on the T. 17 N.-T. 16 N. township line), the boundary 
runs northwest to the northeastern corner of quadrant 4, on the T. 18 
N.-T. 17 N. township line;
    (2) Then west to the northwest corner of quadrant 1;
    (3) Then south to the southwest corner of quadrant 36;
    (4) Then east to R. 12 W.-R. 11 W. range line at the southeast 
corner of quadrant 36;
    (5) Then south to Highway 20;
    (6) Then southeast on Highway 20 to where Highway 20 passes from 
quadrant 20 to quadrant 21; and
    (7) Thence northeast, returning to the point of beginning.

[T.D. ATF-151, 48 FR 46521, Oct. 13, 1983]



Sec. 9.83  Lake Erie.

    (a) Name. The name of the viticultural area described in this 
section is ``Lake Erie.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Lake Erie viticultural area are four U.S.G.S. maps. 
They are titled:
    (1) ``Toledo,'' scale 1:250,000 (1956, revised 1978);
    (2) ``Cleveland,'' scale 1:250,000 (1956, revised 1972);
    (3) ``Erie,'' scale 1:250,000 (1959, revised 1972); and
    (4) ``Buffalo,'' scale 1:250,000 (1962).
    (c) Boundaries. The Lake Erie viticultural area is located along the 
shore and on the islands of Lake Erie across the States of New York, 
Pennsylvania, and Ohio. The beginning point is where Buffalo Creek 
empties into Lake Erie at Buffalo Harbor.
    (1) From the beginning point the boundary proceeds up Buffalo Creek 
to the confluence of Cazenovia Creek.
    (2) The boundary proceeds up Cazenovia Creek and thence up the west 
branch of Cazenovia Creek to a point approximately one mile north of 
Colden, New York, exactly 12 statute miles inland from any point on the 
shore of Lake Erie.
    (3) The boundary proceeds southwestward and along a line exactly 12 
statute miles inland from any point on the shore of Lake Erie to a point 
approximately one mile north of Dayton, New York, where it intersects 
the 1,300-foot contour line.
    (4) The boundary proceeds generally southwestward along the 1,300-
foot contour line to a point almost two miles north-northwest of Godard, 
Pennsylvania, exactly six statute miles inland from any point on the 
shore of Lake Erie.
    (5) The boundary proceeds southwestward along a line exactly six 
statute miles inland from any point on the shore of Lake Erie to the 
point where it intersects Ohio Route 45 near the intersection with 
Interstate 90.
    (6) The boundary proceeds southward along Ohio Route 45 to a point 
exactly 14 statute miles inland from any point on the shore of Lake Erie 
approximately one mile north of Rock Creek, Ohio.
    (7) The boundary proceeds southwestward, then westward, then 
northwestward along a line 14 statute miles inland from any point on the 
shore of Lake Erie to the point where

[[Page 158]]

it intersects the Ohio-Michigan boundary just north of Centennial, Ohio.
    (8) The boundary then follows the Ohio-Michigan border in an 
easterly direction to the shoreline of Lake Erie. Thence in a generally 
southeasterly direction along the shoreline of Lake Erie to the mouth of 
the Portage River just north of Port Clinton. Thence due north in a 
straight line to the United States-Canada border. Thence in a 
southeasterly and then an easterly direction along the United States-
Canada border until a point is reached which is due north of the 
easternmost point of Kelleys Island.
    (9) The boundary then proceeds due south until it reaches the 
shoreline of Lake Erie. Thence the boundary follows the lakeshore in a 
generally northeasterly direction to the beginning point at the mouth of 
Buffalo Creek.

[T.D. ATF-156, 48 FR 48819, Oct. 21, 1983]



Sec. 9.84  Paso Robles.

    (a) Name. The name of the viticultural area described in this 
section is ``Paso Robles''.
    (b) Approved map. The map showing the boundaries of the Paso Robles 
viticultural area is: ``San Luis Obispo'', NI 10-3, scale 1:250,000 
(1956, revised 1969).
    (c) Boundaries. The Paso Robles viticultural area is located within 
San Luis Obispo County, California. From the point of beginning where 
the county lines of San Luis Obispo, Kings and Kern Counties converge, 
the county line also being the township line between T.24S. and T.25S., 
in R.16E.:
    (1) Then in a westerly direction along this county line for 42 miles 
to the range line between R.9E. and R.10E.;
    (2) Then in a southerly direction for 12 miles along the range line 
to the southwest of corner of T.26S. and R.10E.;
    (3) Then in a southeasterly direction, approximately 5.5 miles to a 
point of intersection of the Dover Canyon Jeep Trail and Dover Canyon 
Road;
    (4) Then in an easterly direction along Dover Canyon Road, 
approximately 1.5 miles, to the western border line of Rancho Paso de 
Robles;
    (5) Then, following the border of the Paso Robles land grant, 
beginning in an easterly direction, to a point where it intersects the 
range line between R.11E. and R.12E.;
    (6) Then southeasterly for approximately 16.5 miles to the point of 
intersection of the township line between T.29S. and T.30S. and the 
range line between R.12E. and R.13E.;
    (7) Then in an easterly direction for approximately 6 miles to the 
range line between R.13E. and R.14E.;
    (8) Then in a northerly direction for approximately 6 miles to the 
township line between T.28S. and T.29S.;
    (9) Then in an easterly direction for approximately 18 miles to the 
range line between R.16E. and R.17E.;
    (10) Then in a northerly direction for approximately 24 miles to the 
point of beginning.

[T.D. ATF-148, 48 FR 45241, Oct. 4, 1983, as amended by T.D. ATF-377, 61 
FR 29953, June 13, 1996]



Sec. 9.85  Willow Creek.

    (a) Name. The name of the viticultural area described in this 
section is ``Willow Creek.''
    (b) Approved map. The map showing the boundary of the Willow Creek 
viticultural area is: ``Willow Creek Quadrangle,'' California, U.S.G.S. 
15 minute series (1952).
    (c) Boundaries. The Willow Creek viticultural area is located within 
portions of Humboldt and Trinity Counties, California. From the point of 
beginning where the 1,000-foot contour line intersects Kirkham Creek 
(directly north of section 19, T.7 N./R.5E.), beginning in a southerly 
direction, the boundary line the 1,000-foot contour line to;
    (1) The point of intersection between the 1,000-foot contour line 
and the north section line of section 27, T.6N./R.5E.;
    (2) Then in a straight, north easterly line to the point of 
intersection between the 1,000-foot contour line and the east section 
line of section 13, T.6N./R.5E.;
    (3) Then in a straight, northwesterly line to the point of 
intersection between the 1,000-foot contour line and the north section 
line of section 11, T.6N./R.5E.;

[[Page 159]]

    (4) Then in a straight, south-southwesterly line to the point of 
intersection between the 1,000-foot contour line and the east section 
line of section 15, T.6N./R.5E.;
    (5) Then following the 1,000-foot contour line, beginning in a 
westerly direction, to the point of intersection between the 1,000-foot 
contour line and Coons Creek;
    (6) Then in a straight, westerly line to the point of beginning.

[T.D. ATF-141, 48 FR 37376, Aug. 18, 1983]



Sec. 9.86  Anderson Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Anderson Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Anderson Valley viticultural area are three U.S.G.S. 
maps. They are titled:
    (1) ``Navarro Quadrangle, California--Mendocino Co.,'' 15 minute 
series (1961);
    (2) ``Boonville Quadrangle, California--Mendocino Co.,'' 15 minute 
series (1959); and
    (3) ``Ornbaun Valley Quadrangle, California,'' 15 minute series 
(1960).
    (c) Boundaries. The Anderson Valley viticultural area is located in 
the western part of Mendocino County, California. The beginning point is 
at the junction of Bailey Gulch and the South Branch North Fork Navarro 
River in Section 8, Township 15 North (T.15N.), Range 15 West (R.15W.), 
located in the northeast portion of U.S.G.S. map ``Navarro Quadrangle.''
    (1) From the beginning point, the boundary runs southeasterly in a 
straight line to an unnamed hilltop (elevation 2015 feet) in the 
northeast corner of Section 9, T.13N., R.13W., located in the southeast 
portion of U.S.G.S. map ``Boonville Quadrangle'';
    (2) Then southwesterly in a straight line to Benchmark (BM) 680 in 
Section 30, T.13N., R.13W., located in the northeast portion of U.S.G.S. 
map ``Ornbaun Valley Quadrangle'';
    (3) Then northwesterly in a straight line to the intersection of an 
unnamed creek and the south section line of Section 14, T.14N., R.15W., 
located in the southwest portion of U.S.G.S. map ``Boonville 
Quadrangle'';
    (4) Then in a westerly direction along the south section lines of 
Sections 14, 15, and 16, T.14N., R.15W., to the intersection of the 
south section line of Section 16 with Greenwood Creek, approximately .2 
miles west of Cold Springs Road which is located in the southeast 
portion of U.S.G.S. map ``Navarro Quadrangle'';
    (5) Then in a southwesterly and then a northwesterly direction along 
Greenwood Creek to a point in Section 33 directly south (approximately 
1.4 miles) of Benchmark (BM) 1057 in Section 28, T.15N., R.16W.;
    (6) Then directly north in a straight line to Benchmark (BM) 1057 in 
Section 28, T.15N., R.16W.;
    (7) Then in a northeasterly direction in a straight line to the 
beginning point.

[T.D. ATF-139, 48 FR 37370, Aug. 18, 1983]



Sec. 9.87  Grand River Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Grand River Valley.''
    (b) Approved map. The approved map for determining the boundary of 
the Grand River Valley viticultural area is the U.S.G.S. topographic map 
in the scale of 1:250,000, entitled Cleveland, number NK 17-8, dated 
1956, revised 1972.
    (c) Boundary. The Grand River Valley viticultural area is located in 
the following Ohio counties: Lake, Geauga, and Ashtabula. The 
viticultural area consists of all of the land within the Lake Erie 
viticultural area, described in Sec. 9.83, which is also within 2 
statute miles, in any direction, of the Grand River. Specifically, the 
Grand River Valley viticultural area consists of all of the land west of 
Ohio Route 45 which is within 2 statute miles, in any direction, of the 
Grand River, and which is also within 14 statute miles inland from any 
point on the shore of Lake Erie.

[T.D. ATF-157, 48 FR 48821, Oct. 21, 1983]



Sec. 9.88  Pacheco Pass.

    (a) Name. The name of the viticultural area described in this 
section is ``Pacheco Pass.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of

[[Page 160]]

Pacheco Pass viticultural area are two U.S.G.S. maps. They are titled:
    (1) San Felipe Quadrangle, 7.5 minute series, 1955 (photorevised 
1971).
    (2) Three Sisters Quadrangle, 7.5 minute series, 1954 (photorevised 
1971).
    (c) Boundary--(1) General. The Pacheco Pass viticultural area is 
located in California. The starting point of the following boundary 
description is the crossing of Pacheco Creek under California Highway 
156, about 4 miles north of Hollister Municipal Airport, in San Benito 
County, California.
    (2) Boundary Description. (i) From the starting point northwestward 
along Pacheco Creek to the intersection with the straight-line extension 
of Barnheisel Road. (Note.-- This is an old land grant boundary and 
appears on the U.S.G.S. map as the western boundary of an orchard.)
    (ii) From there in a straight line northeastward to the intersection 
of Barnheisel Road and California Highway 156.
    (iii) From there northward along Highway 156 to California Highway 
152 (``Pacheco Pass Highway'').
    (iv) Then northward along Pacheco Pass Highway to the 37 deg. 
latitude line.
    (v) Then eastward along that latitude line to the land line R. 5E./
R. 6E.
    (vi) Then southward along that land line, crossing Foothill Road, 
and continuing southward to a point exactly 2,300 feet south of Foothill 
Road.
    (vii) From there is a straight line to the starting point.

[T.D. ATF-167, 49 FR 9169, Mar. 12, 1984]



Sec. 9.89  Umpqua Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Umpqua Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Umpqua Valley viticultural area are two U.S.G.S. maps. 
They are titled:
    (1) ``Roseburg,'' scale 1:250,000 (1958, revised 1970); and
    (2) ``Medford,'' scale 1:250,000 (1955, revised 1976).
    (c) Boundaries. The Umpqua Valley viticultural area is located 
entirely within Douglas County, Oregon, which is in the southwest part 
of the State. The beginning point is the intersection of Interstate 
Highway 5 with the Douglas/Lane County line in Township 21 South (T21S), 
Range 4 West (R4W) on the ``Roseburg'' map.
    (1) From the beginning point, the boundary proceeds north along the 
Douglas/Lane County line approximately .5 miles to the the 1,000-foot 
contour line;
    (2) Thence northwest along the 1,000-foot contour line to the 
Douglas/Lane County line; thence west along the Douglas/Lane County line 
approximately 2.5 miles, returning to the 1,000-foot contour line; 
thence in a generally westerly direction along the 1,000-foot contour 
line to the R9W/R10W range line;
    (3) Thence south along the R9W/R10W range line approximately 2.75 
miles to the center of the Umpqua River; thence along a straight line in 
an easterly direction approximately 6.25 miles to the intersection of 
range line R8W/R9W with the center of the Umpqua River; thence south 
along range line R8W/R9W approximately 3.5 miles to its intersection 
with township line T22S/T23S;
    (4) Thence southeast approximately 8.5 miles along a straight line 
to the intersection of township line T23S/T24S with range line R7W/R8W; 
thence south along the R7W/R8W range line approximately 8 miles to its 
intersection with the 1,000-foot contour line; thence in a southeasterly 
direction in a straight line approximately 3.5 miles toward the 
intersection of township line T25S/T26S with range line R6W/R7W, 
returning to the 1,000-foot contour line;
    (5) Thence in a southerly direction along the 1,000-foot contour 
line to the intersection of township line T27S/T28S with range line R7W/
R8W; thence in a southwesterly direction in a straight line 
approximately 3.5 miles toward the intersection of township line T28S/
T29S with range line R8W/R9W, returning to the 1,000-foot contour line; 
thence south along the 1,000-foot contour line to its intersection with 
township line T29S/T30S;
    (6) Thence east along township line T29S/T30S approximately .33 
miles, rejoining the 1,000-foot contour line; thence in a northerly and 
eventually a southerly direction along the 1,000-foot contour line past 
the town of Riddle on the ``Medford'' map to range line R6W/R7W; thence 
south along the R6W/R7W

[[Page 161]]

range line approximately .5 miles back to the 1,000-foot contour line;
    (7) Thence in an easterly, westerly, and eventually a northerly 
direction along the 1,000-foot contour line to a point approximately 3.5 
miles east of Dillard, where the contour line crosses Interstate Highway 
5 on the ``Roseburg'' map; thence northeast along Interstate Highway 5 
approximately .25 mile, returning to the 1,000-foot contour line; thence 
in a generally northeasterly, southeasterly, northwesterly, and 
eventually a northeasterly direction along the 1,000-foot contour line 
past the town of Idleyld Park to the R2W/R3W range line;
    (8) Thence north along range line R2W/R3W approximately 1.75 miles 
to the T25S/T26S township line; thence west along township line T25S/
T26S approximately .25 mile, returning to the 1,000-foot contour line; 
thence in a generally westerly and then a northerly direction along the 
1,000-foot contour line up the valley of Calapooya Creek to the R3W/R4W 
range line; thence north along range line R3W/R4W approximately 2.25 
miles, back to the 1,000-foot contour line;
    (9) Thence in a westerly and then a northerly direction along the 
1,000-foot contour line to the T23S/T24S township line; thence east 
along the T23S/T24S township line approximately 2.75 miles to the 1,000-
foot contour line; thence in a northerly direction along the 1,000-foot 
contour line to its intersection with the Douglas/Lane County line; 
thence north along the Douglas/Lane County line approximately .75 mile 
to the point of beginning.

[T.D. ATF-170, 49 FR 12246, Mar. 29, 1984]



Sec. 9.90  Willamette Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Willamette Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Willamette Valley viticultural area are three U.S.G.S. 
Oregon maps scaled 1:250,000. They are entitled:
    (1) ``Vancouver,'' Location Diagram NL 10-8, 1958 (revised 1974).
    (2) ``Salem,'' Location Diagram NL 10-11, 1960 (revised 1977).
    (3) ``Roseburg,'' Location Diagram NL 10-2, 1958 (revised 1970).
    (c) Boundaries. The Willamette Valley viticultural area is located 
in the northwestern part of Oregon, and is bordered on the north by the 
Columbia River, on the west by the Coast Range Mountains, on the south 
by the Calapooya Mountains, and on the east by the Cascade Mountains, 
encompassing approximately 5,200 square miles (3.3 million acres). The 
exact boundaries of the viticultural area, based on landmarks and points 
of reference found on the approved maps, are as follows: From the 
beginning point at the intersection of the Columbia/Multnomah County 
line and the Oregon/Washington State line;
    (1) West along the Columbia/Multnomah County line 8.5 miles to its 
intersection with the Washington/Multnomah County line;
    (2) South along the Washington County line 5 miles to its 
intersection with the 1,000 foot contour line;
    (3) Northwest (15 miles due northwest) along the 1,000 foot contour 
line to its intersection with State Highway 47, .5 mile north of 
``Tophill'';
    (4) Then, due west from State Highway 47 one-quarter mile to the 
1,000 foot contour line, continuing south and then southwest along the 
1,000 foot contour line to its intersection with the Siuslaw National 
Forest (a point approximately 43 miles south and 26 miles west of 
``Tophill'' ), one mile north of State Highway 22;
    (5) Due south 6.5 miles to the 1,000 foot contour line on the 
Lincoln/Polk County line;
    (6) Continue along the 1,000 foot contour line (approximately 23 
miles) east, south, and then west, to a point where the Polk County line 
is intersected by the Lincoln/Benton County line;
    (7) South along Lincoln/Benton County line, 11 miles to its 
intersection with the Siuslaw National Forest line;
    (8) East along the Siuslaw National Forest line six miles, and then 
south along the Siuslaw National Forest line six miles to State Highway 
34 and the 1,000 foot contour line;
    (9) South along the 1,000 foot contour line to its intersection with 
Township line T17S/T18S (31 miles southwest, and one mile west of State 
Highway 126);
    (10) East along T17S/T18S 4.5 miles to Range line R6W/R7W, south 
along this

[[Page 162]]

range line 2.5 miles to the 1,000 foot contour line;
    (11) Southeast along the 1,000 foot contour line to R5W/R6W 
(approximately six miles); southeast from this point eight miles to the 
intersection of R4W/R5W and T19S/T20S;
    (12) East along T19S/T20S 1.5 miles to the 1,000 foot contour line;
    (13) Following the 1,000 foot contour line north around Spencer 
Butte, and then south to a point along the Lane/Douglas County line one-
half mile north of Interstate Highway 99;
    (14) South along the Lane/Douglas County line 1.25 miles to the 
1,000 foot contour line;
    (15) Following the 1,000 foot contour line around the valleys of 
Little River, Mosby Creek, Sharps Creek and Lost Creek to the 
intersection of R1W/R1E and State Highway 58);
    (16) North along R1W/R1E, six miles, until it intersects the 1,000 
foot contour line just north of Little Fall Creek;
    (17) Continuing along the 1,000 foot contour line around Hills 
Creek, up the southern slope of McKenzie River Valley to Ben and Kay 
Dorris State Park, crossing over and down the northern slope around Camp 
Creek, Mohawk River and its tributaries, Calapooia River (three miles 
southeast of the town of Dollar) to a point where Wiley Creek intersects 
R1E/R1W approximately one mile south of T14S/T13S;
    (18) North along R1E/R1W 7.5 miles to T12S/T13S at Cedar Creek;
    (19) West along T12S/T13S four miles to the 1,000 foot contour line;
    (20) Continuing in a general northerly direction along the 1,000 
foot contour line around Crabtree Creek, Thomas Creek, North Santiam 
River (to its intersection with Sevenmile Creek), and Little North 
Santiam River to the intersection of the 1,000 foot contour line with 
R1E/R2E (approximately one mile north of State Highway 22);
    (21) North along R1E/R2E (through a small portion of Silver Falls 
State Park) 14 miles to T6S/T7S;
    (22) East along T6S/T7S six miles to R2E/R3E;
    (23) North along R2E/R3E six miles to T5S/T6S;
    (24) Due northeast 8.5 miles to the intersection of T4S/T5S and R4E/
R3E;
    (25) East along T4S/T5S six miles to R4E/R5E;
    (26) North along R4E/R5E six miles to T3S/T4S;
    (27) East along T3S/T4S six miles to R5E/R6E;
    (28) North along R5E/R6E 10.5 miles to a point where it intersects 
the Mount Hood National Forest boundary (approximately three miles north 
of Interstate Highway 26);
    (29) West four miles and north one mile along the forest boundary to 
the 1,000 foot contour line (just north of Bull Run River);
    (30) North along the 1,000 foot contour line, into Multnomah County, 
to its intersection with R4E/R5E;
    (31) Due north approximately three miles to the Oregon/Washington 
State line; and
    (32) West and then north, 34 miles, along the Oregon/Washington 
State line to the beginning point.

[T.D. ATF-162, 48 FR 54221, Dec. 1, 1983]



Sec. 9.91  Walla Walla Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Walla Walla Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Walla Walla Valley viticultural area are two U.S.G.S. 
maps, in the scale 1:100,000. They are entitled:
    (1) ``Walla Walla,'' Washington-Oregon, 1980
    (2) ``Pendleton,'' Oregon-Washington, 1983
    (c) Boundaries. The Walla Walla Valley viticultural area is located 
within Walla Walla County in Washington State and Umatilla County in 
Oregon. It is entirely within the Columbia Valley viticultural area. The 
boundaries are as follows:
    (1) The beginning point is on the Walla Walla quadrangle map, in 
T8N/37E, at the point where the 2,000 foot contour line intersects with 
an unnamed light duty road approximately 250 feet east of U.S. Highway 
12 in Minnick, Washington (on maps measured in metric units, this 
elevation is between the 600 and 650 meter contour lines),

[[Page 163]]

    (2) Then the boundary goes northwest in a straight line for 7 
kilometers (km), until it intersects with a power line that runs between 
T8N and T9N,
    (3) Then the boundary follows the power line west for 8 km, where it 
diverges from the power line and goes west-southwest in a straight line 
for approximately 33 km to the intersection of 2 unnamed light duty 
roads in the area marked Ninemile Canyon in the southwest corner of T8N/
R33E,
    (4) Then the boundary goes south-southwest in a straight line 
approximately 8 km, until it reaches U.S. Highway 12, about 2.5 km east 
of Reese, Washington,
    (5) Then the boundary goes south in a straight line for 
approximately 8 km, crossing the Washington-Oregon state line and moving 
onto the Pendleton U.S.G.S. map, where it meets the 450 m contour line 
in T6N/R32E, near an unnamed peak with an elevation of 461 m,
    (6) Then the boundary follows the 450 m contour line in a generally 
southeasterly direction until it intersects Dry Creek in T4N/R35E,
    (7) Then the boundary goes southeast along Dry Creek (Oregon) until 
it reaches the 2000 foot contour line,
    (8) Then the boundary follows the 2000 foot contour line in a 
generally northeasterly direction, crossing the Oregon-Washington state 
line and returning to the Walla Walla U.S.G.S map, until it reaches the 
point of beginning.

[T.D. ATF-441, 66 FR 11542, Feb. 26, 2001]



Sec. 9.92  Madera.

    (a) Name. The name of the viticultural area described in this 
section is ``Madera.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Madera viticultural area are eleven U.S.G.S. maps. They are 
entitled:
    (1) ``Clovis, Cal.,'' 7\1/2\ minute series, edition of 1964, 
photorevised 1972;
    (2) ``Fresno North, Cal.,'' 7\1/2\ minute series, edition of 1965, 
photorevised 1972;
    (3) ``Friant, Cal.,'' 7\1/2\ minute series, edition of 1964;
    (4) ``Lanes Bridge, Cal.,'' 7\1/2\ minute series, edition of 1964, 
photoinspected 1973;
    (5) ``Gregg, Cal.,'' 7\1/2\ minute series, edition of 1965;
    (6) ``Madera, Cal.,'' 7\1/2\ minute series, edition of 1963;
    (7) ``Kismet, Cal.,'' 7\1/2\ minute series, edition of 1961;
    (8) ``Raynor Creek, Cal.,'' 7\1/2\ minute series, edition of 1961;
    (9) ``Fresno, Cal.,'' scaled 1:250,000, edition of 1962, revised 
1971;
    (10) ``Monterey, Cal.,'' scaled 1:250,000, edition of 1974; and
    (11) ``San Jose, Cal.,'' scaled 1:250,000, edition of 1962, revised 
1969.
    (c) Boundaries. The Madera viticultural area is located in Madera 
and Fresno Counties, California. The beginning point is found on the 
``Fresno North,'' 7\1/2\ minute series U.S.G.S. map at the point where 
the San Joaquin River intersects the section line dividing sections 20 
and 29, and sections 21 and 28, T. 12 S., R. 20 E.;
    (1) Then east approximately 6 miles following the section line and 
Shepherd Avenue to the intersection with Sunnyside Road;
    (2) Then north approximately 7 miles following Sunnyside Road and 
continuing along the section line to the point of intersection of 
section 16, 17, 20, and 21, T.11S., R 21E.;
    (3) Then west approximately 17.6 miles following the section line 
and continuing along Avenue 15 to the intersection with the Atchison, 
Topeka and Santa Fe Railroad;
    (4) Then northwest following the Atchison, Topeka and Santa Fe 
Railroad to Road 26;
    (5) Then north following Road 26 and continuing north in a straight 
line to the Chowchilla River in the ``Raynor Creek'' 7\1/2\ minute 
series U.S.G.S. map, and in the ``San Jose'' scaled 1:250,000 U.S.G.S. 
map;
    (6) Then west following the Chowchilla River to the point where the 
Madera County-Merced County boundary diverges from the river;
    (7) Then southwest following the Madera County-Merced County 
boundary to the San Joaquin River;
    (8) Then following the San Joaquin River south and east returning to 
the point of beginning.

[T.D. ATF-192, 49 FR 47833, Dec. 12, 1984; 50 FR 2782, Jan. 22, 1985, as 
amended by T.D. ATF-249, 52 FR 5960, Feb. 27, 1987]

[[Page 164]]



Sec. 9.93  Mendocino.

    (a) Name. The name of the viticultural area described in this 
section is ``Mendocino.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries for the Mendocino viticultural area are seven U.S.G.S. maps. 
They are titled:
    (1) ``Willits Quadrangle, California--Mendocino Co.,'' 15 minute 
series (1961);
    (2) ``Potter Valley Quadrangle, California,'' 15 minute series 
(1960);
    (3) ``Ukiah Quadrangle, California,'' 15 minute series (1958);
    (4) ``Hopland Quadrangle, California,'' 15 minute series (1960);
    (5) ``Boonville Quadrangle, California--Mendocino Co.,'' 15 minute 
series (1959);
    (6) ``Navarro Quadrangle, California--Mendocino Co.,'' 15 minute 
series (1961);
    (7) ``Ornbaun Valley Quadrangle, California,'' 15 minute series 
(1960).
    (c) Boundaries. The ``Mendocino'' viticultural area is located 
entirely within Mendocino County, California. The beginning point is the 
southeast corner of Section 30, Township 12 North (T. 12 N.), Range 10 
West (R. 10 W.) located along the Mendocino County/Sonoma County line in 
the southeast quadrant of U.S.G.S. map ``Hopland Quadrangle.''
    (1) From the beginning point, the boundary runs north along the 
eastern boundary of Sections 30, 19, 18, 7 and 6 to the point labeled 
Jakes Cr (Jakes Creek) located at the northwest corner of Section 5, T. 
12 N., R. 10 W.;
    (2) Thence in a straight line in a northwest direction to the point 
labeled Bedford Rock in Section 3, T. 13 N., R. 11 W.;
    (3) Thence in a straight line in a northwest direction to a point 
labeled Red Mtn in Section 17, T. 14 N., R. 11 W.;
    (4) Thence in a straight line in a northwest direction to the 
southeast corner of Section 25, T. 16 N., R. 11 W.;
    (5) Thence in a straight line in a northeast direction to the 
northeast corner of Section 1, T. 16 N., R. 11 W. located along the 
Mendocino County/Lake County line;
    (6) Thence in a straight line in a northwest direction to the 
northeast corner of Section 5, T. 17 N., R. 11 W.;
    (7) Thence in a westerly direction along the T. 18 N./T. 17 N. 
township line until it intersects with the R. 13 W./R. 12 W. range line;
    (8) Thence in a straight line in a southwest direction to the point 
labeled Eagle Rock located in Section 16, T. 15 N., R. 13 W.;
    (9) Thence in a straight line in a southeast direction to the point 
labeled Bus McGall Peak located in Section 4, T. 13 N., R. 12 W.;
    (10) Thence in a straight line in a westerly direction to an unnamed 
hilltop, elevation 2,015 feet, in the northeast corner of Section 9, T. 
13 N., R. 13 W.;
    (11) Thence in a straight line in a northwest direction to the 
junction of Baily Gulch and the South Branch, North Fork of the Navarro 
River, located in Section 8, T.15N., R.15W.;
    (12) Thence in a straight line in a southwest direction to Benchmark 
(BM) 1057 located in Section 28, T. 15 N., R. 16 W.;
    (13) Thence due south in a straight line approximately 1.4 miles to 
Greenwood Creek located in Section 33, T. 15 N., R. 16 W.;
    (14) Thence following Greenwood Creek in a generally southeasterly 
and then a northeasterly direction to where it intersects with the south 
section line of Section 16, T. 14 N., R. 15 W., approximately .2 miles 
west of Cold Springs Road;
    (15) Thence in an easterly direction along the south section lines 
of Sections 16, 15, and 14, T. 14 N., R. 15 W., to the intersection of 
the south section line of Section 14 with an unnamed creek;
    (16) Thence in a straight line in a southeasterly direction to 
Benchmark (BM) 680 located in Section 30, T. 13 N., R. 13 W.;
    (17) Thence continuing in a straight line in a southerly direction 
to the southwest corner of Section 5, T. 12 N., R. 13 W., and the 
Mendocino County/Sonoma County line;
    (18) Thence continuing in a straight line in a southeasterly 
direction to the intersection of the southwest corner of Section 32, T. 
12 N., R. 11 W., and the Mendocino County/Sonoma County line;

[[Page 165]]

    (19) Thence following the Mendocino County/Sonoma County line in an 
easterly, northerly, and then an easterly direction to the beginning 
point.

[T.D. ATF-178, 49 FR 24714, June 15, 1984, as amended by T.D. ATF-397, 
63 FR 16904, Apr. 7, 1998]



Sec. 9.94  Howell Mountain.

    (a) Name. The name of the viticultural area described in this 
section is ``Howell Mountain.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Howell Mountain viticultural area are four U.S.G.S. 
topographic maps in the 7.5 minute series, as follows:
    (1) ``Detert Reservoir, CA.,'' 1959 (photorevised 1980).
    (2) ``Aetna Springs, CA.,'' 1958 (photorevised 1981).
    (3) ``Calistoga, CA.,'' 1958 (photorevised 1980).
    (4) ``St. Helena, CA.,'' 1960 (photorevised 1980).
    (c) Boundaries. The Howell Mountain viticultural area is located in 
Napa County, California, and is part of the Napa Valley viticultural 
area. The exact boundaries of the viticultural area, based on landmarks 
and points of reference found in the approved maps, as follows:
    (1) Beginning at the 1,400 foot contour line at the intersection of 
Sections 15 and 16 in R6W/T9N of the Detert Reservoir Quadrangle 
U.S.G.S. map.
    (2) Then continuing in an east and southeast direction along the 
1,400 foot contour line to the southeast corner of Section 23 in R5W/
T8N.
    (3) Then in a generally northwest direction along the 1,400 foot 
contour line until it intersects the line between Sections 21 and 22 in 
R6W/T9N.
    (4) Then north along the Section 21/22 boundary line to the starting 
point at the 1,400 foot contour line.

[T.D. ATF-163, 48 FR 57487, Dec. 30, 1983, as amended by T.D. ATF-249, 
52 FR 5960, Feb. 27, 1987]



Sec. 9.95  Clarksburg.

    (a) Name. The name of the viticultural area described in this 
section is ``Clarksburg.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Clarksburg viticultural area are eight U.S.G.S. 
topographic maps in the 7.5 minute series, as follows:
    (1) Sacramento West, Calif., 1967 (photorevised 1980).
    (2) Saxon, Calif., 1952 (photorevised 1968).
    (3) Clarksburg, Calif., 1967 (photorevised 1980).
    (4) Florin, Calif., 1968 (photorevised 1980).
    (5) Liberty Island, Calif., 1978.
    (6) Courtland, Calif., 1978.
    (7) Bruceville, Calif., 1978 (photorevised 1980).
    (8) Isleton, Calif., 1978.
    (c) Boundaries. Beginning at a point (on the Sacramento West 
topographic map) in Yolo County in T8N/R4E, at the intersection of 
Jefferson Blvd. and Burrows Ave.,
    (1) Then southwest in a straight line 1.2 miles along Jefferson 
Blvd. to the eastern bank of the Sacramento River Deep Water Ship 
Channel.
    (2) Then southwest along the Sacramento River Deep Water Ship 
Channel, approximately 17 miles to T5N/R3E, to the Class 5 trail on the 
levee connecting the Sacramento River Deep Water Ship Channel and the 
dredger cut Miner Slough, approximately 2 miles from the Solano/Yolo 
County line.
    (3) Then east along the trail to the Miner Slough.
    (4) Then east along Miner Slough to the point where it joins Sutter 
Slough, then south along Sutter Slough around the tip of Sutter Island 
to the junction of Sutter Slough and Steamboat Slough; then north around 
Sutter Island along Steamboat Slough to Section 8 in T5N/R4E where 
Steamboat Slough joins the Sacramento River.
    (5) The southeast following the Sacramento River to the point where 
the Sacramento River meets the Delta Cross Channel at the Southern 
Pacific Railroad in Section 35, T5N/R4E.
    (6) Then northeast along the Southern Pacific Railroad for 2 miles, 
to a point \1/3\ mile past the intersection of the Southern Pacific 
Railroad and the eastern branch of Snodgrass Slough.
    (7) Then east approximately 2\1/2\ miles along the levee to 
Interstate 5 (under construction).

[[Page 166]]

    (8) Then north approximately 8\1/2\ miles along Interstate 5 (under 
construction, proposed, and completed) to Section 18 in T6N/R5E, at the 
intersection of Interstate 5 and Hood Franklin Road.
    (9) Then southwest along Hood Franklin Road to the Southern Pacific 
Railroad Levee, .1 mile northeast of Hood Junction.
    (10) Then north approximately 18 miles along the Southern Pacific 
Railroad Levee to Section 11 in T7N/R4E, at Freeport Blvd., and then 
across the Sacramento River at the line between Sections 11 and 14.
    (11) Then northwest along the west bank of the Sacramento River to 
Burrows Ave.
    (12) Then northwest along Burrows Ave. to the starting point at the 
intersection of Jefferson Blvd. and Burrows Ave.

[T.D. ATF-166, 49 FR 2759, Jan. 23, 1984]



Sec. 9.96  Mississippi Delta.

    (a) Name. The name of the viticultural area described in this 
section is ``Mississippi Delta.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Mississippi Delta viticultural area are three U.S.G.S. 
maps. They are titled:
    (1) Helena, scale of 1:250,000, 1955 (revised 1977).
    (2) Greenwood, scale of 1:250,000, 1953 (revised 1979).
    (3) Jackson, scale of 1:250,000, 1955 (revised 1973).
    (c) Boundary--(1) General. The Mississippi Delta viticultural area 
is located in Mississippi, Louisiana, and Tennessee. The starting point 
of the following boundary description is the intersection of the 
Illinois Central Gulf (I.C.G.) Railroad and the Mississippi River levee 
system, on the southeast side of Lake Horne, between Lake View, 
Mississippi, and Walls, Mississippi, on the Helena map.
    (2) Boundary Description. (i) From the starting point generally 
southward along the Mississippi River levee system until it again 
intersects the I.C.G. Railroad, near Twin Lake, Mississippi (about 10 
miles north of Vicksburg, on the Jackson map). In any place where there 
is more than one continuous levee, the one closest to the Mississippi 
River is the boundary.
    (ii) From the intersection described in paragraph (c)(2)(i), the 
boundary continues southward along the I.C.G. tracks, until they merge 
with another branch of the I.C.G. Railroad, near Redwood, Mississippi.
    (iii) Then generally northeastward along that other branch of the 
I.C.G. Railroad, to the Leflore County-Holmes County line (on the 
Greenwood map).
    (iv) Then southeastward along that county line to the Leflore 
County-Carroll County line.
    (v) Then generally northward along that county line to Mississippi 
Route 7.
    (vi) Then generally northeastward along Route 7 to the 
90 deg.00[min] longitude line.
    (vii) Then northward along that longitude line to Mississippi Route 
8.
    (viii) Then eastward along Route 8 to Mississippi Route 35.
    (ix) Then northward along Route 35 to Mississippi Route 322 (on the 
Helena map).
    (x) Then generally eastward along Route 322 to the Panola Quitman 
Floodway.
    (xi) Then northward along that floodway to the range line R.9W./
R.8W.
    (xii) Then northward along that range line to the 200 ft. contour 
line (north of Ballentine, Mississippi).
    (xiii) Then generally northeastward along that contour line to 
Mississippi Route 3.
    (xiv) Then northward along Route 3 to the Tunica County-Tate County 
line.
    (xv) Then northward along that county line to the Tunica County-De 
Soto County line.
    (xvi) Then northward along that county line to the I.C.G. Railroad.
    (xvii) Then northward along the I.C.G. tracks to the starting point.

[T.D. ATF-181, 49 FR 34354, Aug. 30, 1984]



Sec. 9.97  Sonoita.

    (a) Name. The name of the viticultural area described in this 
section is ``Sonoita.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of Sonoita viticultural area are seven U.S.G.S. maps. They 
are titled:

[[Page 167]]

    (1) Benson Quadrangle, 15 minute series, 1958.
    (2) Fort Huachuca Quadrangle, 15 minute series, 1958.
    (3) Elgin Quadrangle, 15 minute series, 1958.
    (4) Lochiel Quadrangle, 15 minute series, 1958.
    (5) Mount Wrightson Quadrangle, 15 minute series, 1958.
    (6) Sunnyside Quadrangle, 15 minute series, 1958.
    (7) Empire Mountains Quadrangle, 15 minute series, 1958.
    (c) Bouldary--(1) General. The Sonoita viticultural area is located 
in Arizona. The starting point of the following boundary description is 
the summit of Mount Wrightson (9,543 feet) in the Santa Rita Mountains.
    (2) Boundary Description--(i) From the starting point southeastward 
in a straight line for approximately 24 miles, to the summit of Lookout 
Knob (6,171 feet) in the Canelo Hills.
    (ii) From there in a straight line eastward for approximately 10 
miles, to the summit of Huachuca Peak (8,410 feet) in the Huachuca 
Mountains.
    (iii) From there north-northwestward for approximately 21 miles in a 
straight line to the summit of Granite Peak (7,413 feet) in the 
Whetstone Mountains.
    (iv) From there west-southwestward in a straight line for 
approximately 26 miles, to the summit of Mount Wrightson (the point of 
beginning).

[T.D. ATF-189, 49 FR 43054, Oct. 26, 1984]



Sec. 9.98  Monterey.

    (a) Name. The name of the viticultural area described in this 
section is ``Monterey.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Monterey viticultural area are 36 U.S.G.S. quadrangle maps in the 
7.5 minute series, as follows:
    (1) Sycamore Flat, CA, 1956, photoinspected 1972;
    (2) Junipero Serra Peak, CA, 1949, photoinspected 1972;
    (3) Reliz Canyon, CA, 1949;
    (4) Paraiso Springs, CA, 1956;
    (5) Thompson Canyon, CA, 1949, photo-revised 1979;
    (6) Cosio Knob, CA, 1948, photoinspected 1976;
    (7) Espinosa Canyon, CA, 1948;
    (8) San Ardo, CA, 1967;
    (9) Hames Valley, CA, 1949;
    (10) Tierra Redonda Mtn., CA, 1948;
    (11) Bradley, CA, 1949;
    (12) Wunpost, CA, 1948;
    (13) Pancho Rico Valley, CA, 1967;
    (14) Nattras Valley, CA, 1967;
    (15) San Lucas, CA, 1949;
    (16) Pinalito Canyon, CA, 1969;
    (17) North Chalone Peak, CA, 1969;
    (18) Soledad, CA, 1955;
    (19) Mount Johnson, CA, 1968;
    (20) Gonzales, CA, 1955;
    (21) Mt. Harlan Quadrangle, CA, 1968;
    (22) Natividad Quadrangle, CA, 1947, photo-revised 1968, 
photoinspected 1974;
    (23) San Juan Bautista Quadrangle, CA, 1955, photo-revised 1980;
    (24) Prunedale Quadrangle, CA, 1954, photo-revised 1981;
    (25) Watsonville East Quadrangle, CA, 1955, photo-revised 1980;
    (26) Watsonville West Quadrangle, CA, 1954, photo-revised 1980;
    (27) Moss Landing Quadrangle, CA, 1954, photo-revised 1980;
    (28) Marina Quadrangle, CA, 1947, photo-revised 1968 and 1974;
    (29) Monterey, CA, 1947, photo-revised 1968, photoinspected 1974;
    (30) Mt. Carmel, CA, 1956, photoinspected 1972;
    (31) Carmel Valley, CA, 1956, photoinspected 1974;
    (32) Spreckels, CA, 1947, photo-revised 1968, photoinspected 1975;
    (33) Chualar, CA, 1947, photo-revised 1968, photoinspected 1974;
    (34) Rana Creek, CA, 1956, photoinspected 1973; and
    (35) Palo Escrito Peak, CA, 1956;
    (36) Greenfield, CA, 1956;
    (37) Salinas, CA, 1947 (photorevised 1975); and
    (38) Seaside, CA, 1947 (photorevised 1968, photoinspected 1974).
    (c) Boundary. The Monterey viticultural area is located in Monterey 
County, California. The boundary is as follows:
    (1) The beginning point is found on the ``Sycamore Flat'' U.S.G.S. 
7.5 minute map at the junction of Arroyo Seco Road and the Jamesburg 
Road, in the southeast corner of section 21, T(ownship) 19 S., R(ange) 5 
E. (This is also the beginning point for the Arroyo Seco viticultural 
area.)

[[Page 168]]

    (2) The boundary proceeds directly west along the southern boundary 
of section 21 to the southwest corner of section 21, T. 19 S., R. 5 E.
    (3) Then southeast in a straight diagonal line across section 28 to 
the southeast corner of section 28, T. 19 S., R. 5 E.
    (4) Then directly east along the southern boundaries of sections 27, 
26 and 25 in T. 19 S., R. 5 E., sections 30, 29, 28, 27, 26 and 25 in T. 
19 S., R. 6 E., and sections 30, 29, and 28 in T. 19 S., R. 7 E. to the 
southeast corner of section 28, T. 19 S., R. 7 E.
    (5) Then south along the eastern boundary of section 33 to the 
southeast corner of section 33, T. 19 S., R. 7 E.
    (6) Then southeast in a straight diagonal line across section 3 to 
the southeast corner of section 3, T. 20 S., R. 7 E.
    (7) Then south southeast in a straight diagonal line across sections 
11 and 14 to the southeast corner of section 14, T. 20 S., R. 7 E.
    (8) Then south along the western boundaries of sections 24 and 25 to 
the southwest corner of section 25, T. 20 S., R. 7 E.
    (9) Then east along the southern boundaries of sections 25 and 30 to 
the southeast corner of section 30, T. 20 S., R. 8 E.
    (10) Then southwest in a straight diagonal line across section 31 to 
the southwest corner of section 31, T. 20 S., R. 8 E.
    (11) Then west along the southern boundary of section 36, T. 20 S., 
R. 7 E., to the northwest corner of section 6, T. 21 S., R. 8 E.
    (12) Then south along the western boundaries of sections 6 and 7 to 
the southwest corner of section 7, T. 21 S., R. 8 E.
    (13) Then west along the northern boundary of section 13 to the 
northwest corner of section 13, T. 21 S., R. 7 E.
    (14) Then south along the western boundaries of sections 13 and 24 
to the southwest corner of section 24, T. 21 S., R. 7 E.
    (15) Then east northeast in a straight diagonal line across section 
24, T. 21 S., R. 7 E., and across section 19, T. 21 S., R. 8 E., to the 
northeast corner of section 19, T. 21 S., R. 8 E.
    (16) Then northeast in a straight diagonal line across section 17 to 
the northeast corner of section 17, T. 21 S., R. 8 E.
    (17) Then southeast in a straight diagonal line across sections 16, 
22, 26 and 36 in T. 21 S., R. 8 E. and across sections 6, 8, and 16 in 
T. 22 S., R. 9 E. to the southeast corner of section 16, T. 22 S., R. 9 
E.
    (18) Then east southeast in a straight diagonal line across sections 
22, 23, 24, T. 22 S., R. 9 E., and across section 19, T. 22 S., R. 10 
E., to the southeast corner of section 19, T. 22 S., R. 10 E.
    (19) Then south southeast in a straight diagonal line across 
sections 29, 32, and 33, T. 22 S., R. 10 E., to the southeast corner of 
section 4, T. 23 S., R. 10 E.
    (20) Then south southeast in a straight diagonal line across 
sections 10, 15, 23, and 26 to the southeast corner of section 26, T. 23 
S., R. 10 E.
    (21) Then northwest in a straight diagonal line across section 26 to 
the northwest corner of section 26, T. 23 S., R. 10 E.
    (22) Then west northwest in a straight diagonal line across sections 
22, 21, 20, and 19, T. 23 S., R. 10 E. to the northwest corner of 
section 24, T. 23 S., R. 9 E.
    (23) Then southeast across sections 24, 25, 30, 31, and 32, to the 
southeast corner of section 5, T. 24 S., R. 10 E.
    (24) Then east southeast in a straight diagonal line across section 
9 to the southeast corner of section 10, T. 24 S., R. 10 E.
    (25) Then south southeast in a straight diagonal line across section 
14 to the southeast corner of section 23, T. 24 S., R. 10 E.
    (26) Then southwest in a straight diagonal line to the southwest 
corner of section 26, T. 24 S., R. 10 E.
    (27) Then south along the western boundary of section 35 to the 
southwest corner of section 35, T. 24 S., R. 10 E.
    (28) Then east along the southern boundaries of sections 35 and 36 
to the southeast corner of section 36, T. 24 S., R. 10 E.
    (29) Then north along the eastern boundaries of sections 36 and 25 
to the northeast corner of section 25, T. 24 S., R. 10 E.

[[Page 169]]

    (30) Then northeast in a straight diagonal line across sections 19, 
18, and 17 to the northeast corner of section 8, T. 24 S., R. 11 E.
    (31) Then west northwest in a straight diagonal line across section 
5 to the northwest corner of section 6, T. 24 S., R. 11 E.
    (32) Then north along the line separating Range 10 E. and Range 11 
E. along the eastern boundary lines of sections 36, 25, 24, 13, 12 and 1 
in Township 23 S., and along the western boundaries of sections 36, 25, 
24, 13, 12 and 1 in Township 22 S., to the northeast corner of section 
36, T. 21 S., R. 10 E.
    (33) Then west northwest in a straight diagonal line across sections 
25, 26, 23, 22, 15, 16 and 9 to the northwest corner of section 8, T. 21 
S., R. 10 E.
    (34) Then northwest in a straight diagonal line to the northwest 
corner of section 6, T. 21 S., R. 10 E.
    (35) Then west along the northern boundary of section 1, T. 21 S., 
R. 9 E. to the southeast corner of section 36, T. 20 S., R. 9 E.
    (36) Then northwest in a straight diagonal line across sections 36, 
26, 22, 16, 8, and 6 in T. 20 S., R. 9 E. to the northwest corner of 
section 6, T. 20 S., R. 9 E.
    (37) Then north along the line separating Range 8 E. and Range 9 E. 
along the western boundaries of sections 36, 25, 24, 13, 12, and 1, T. 
19S., R. 8 E. to the northeast corner of section 1, T. 19 S., R. 9 E.
    (38) Then northwest in a straight diagonal line to the point of 
intersection of the boundary line separating R. 7 E. and R. 8 E. and the 
boundary line separating T. 17 S. and T. 18 S.
    (39) Then west along the northern boundaries of sections 1 and 2 to 
the northwest corner of section 2, T. 18 S., R. 7 E.
    (40) Then northwest in a straight diagonal line across section 34 to 
the northwest corner of section 34, T. 17 S., R. 7 E.
    (41) Then west along the southern boundaries of sections 28 and 29 
to the southwest corner of section 29, T. 17 S., R. 7 E.
    (42) Then northwest in a straight diagonal line across sections 30, 
24, 14, 10 and 4 to the northwest corner of section 4, T. 17 S., R. 6 E.
    (43) Then north northeast in a straight line across the easternmost 
portion of section 32 to the northeast corner of section 32, T. 16 S., 
R. 6 E.
    (44) Then north along the eastern boundary of section 29 to the 
northeast corner of section 29, T. 16 S., R. 6 E.
    (45) Then northwest in a straight diagonal line across section 20 to 
the northwest corner of section 20, T. 16 S., R. 6 E.
    (46) Then west northwest in a straight diagonal line across sections 
18 and 13 to the northwest corner of section 13, T. 16 S., R. 5 E.
    (47) Then north northwest in a straight diagonal line across 
sections 11 and 2 to the northwest corner of section 2, T. 16 S., R. 5 
E.
    (48) Then west along the southern boundaries of section 34 and 33 to 
the southwest corner of section 33, T. 15 S., R. 5 E.
    (49) Then north along the western boundary of section 33, T. 15 S., 
R. 5 E., in a straight line for approximately 0.5 mile to the 
intersection with the Chualar Land Grant boundary at the northwestern 
corner of section 33, T. 15 S., R. 5 E.
    (50) Then northeast in a straight diagonal line across the Chualar 
Land Grant and section 27 to the northeast corner of section 27, T. 15 
S., R. 5 E.
    (51) Then northwest in a straight diagonal line across section 22 to 
the northwest corner of section 22, T. 15 S., R. 5 E.
    (52) Then west in a straight line along the southern boundaries of 
sections 16 and 17, T. 15 S., R. 5 E., to the southwest corner of 
section 17 where it intersects with the Encinal Y Buena Esperanza Land 
Grant boundary.
    (53) Then north and then west along the eastern boundary of the 
Encinal Y Buena Esperanza Land Grant and the western boundaries of 
sections 21, 17, 8, and 7, T. 15 S., R. 5 E.
    (54) Then in a straight line from the northwest corner of the 
Encinal Y Buena Esperanza Land Grant boundary and section 7, T. 15 S., 
R. 5 E. in a west northwest direction to the point where the power 
transmission line (with located metal tower) intersects at the western 
boundary of the Cienega del

[[Page 170]]

Gabilan Land Grant and the eastern boundary of the El Alisal Land Grant, 
T. 14 S., R. 4 E.
    (55) Then north and then northwest along the boundary line between 
the Cienega del Gabilan Land Grant and El Alisal Land Grant to the 
westernmost corner of the Cienega del Gabilan Land Grant, T. 14 S., R. 4 
E.
    (56) Then west along the boundary line between the Sausal Land Grant 
and La Natividad Land Grant to the point where the boundary line 
intersects Old Stage Road.
    (57) Then north along Old Stage Road to the point where Old Stage 
Road intersects the Monterey County--San Benito County line, T. 13 S., 
R. 4 E.
    (58) Then northwest along the Monterey County--San Benito County 
line to the point near the Town of Aromas where the boundary lines of 
the counties of Monterey, Santa Cruz, and San Benito meet, T. 12 S., R. 
3 E.
    (59) Then in a meandering line along the Monterey County--Santa Cruz 
County line east then southeast to the Pacific Ocean, T. 12 S., R. 1 E.
    (60) Then south along the coastline of Monterey Bay to its 
intersection with the northwesternmost boundary of Fort Ord Military 
Reservation, T. 14 S., R. 1 E.
    (61) Then following the boundry line of the Fort Ord Military 
Reservation in an irregular line generally east, then south, then west 
to the point where the boundary line of the military reservation meets 
the Pacific Ocean, T. 15 S., R. 1 E.
    (62) Then following the coastline of the Monterey Peninsula south 
along the coastline of Carmel Bay to Carmel Point, the northwesternmost 
point of Point Lobos State Reserve on the Carmel Peninsula.
    (63) Then southeast in a straight diagonal line to the southwestern 
corner of section 25, T. 16 S., R. 1 W.
    (64) Then east along the southern boundaries of section 25, T. 16 
S., R. 1 W., and sections 30 and 29, T. 16 S., R. 1 E., to the 
southeastern corner of section 29 where it intersects with the 
southwestern boundary of the El Potrero de San Carlos Land Grant.
    (65) Then southeast along the southwestern boundary line of the El 
Potrero de San Carlos Land Grant to the southeastern corner of section 
33, T. 16 S., R. 1 E.
    (66) Then east along the line separating Township 16 S. and Township 
17 S. and across Pinyon Peak to the southeast corner of section 32, T. 
16 S., R. 2 E. (This is the beginning and ending point of the boundary 
of Carmel Valley viticultural area.)
    (67) Then continuing east along the line separating Township 16 S. 
from Township 17 S. to its point of intersection with the line 
separating Range 2 E. and Range 3 E.
    (68) Then north along the western boundaries of sections 31, 30, 19, 
18, 7 and 6 in T. 16 S., R. 3 E. to the southwestern corner of section 
31, T. 15 S., R. 3 E.
    (69) Then in a straight diagonal line east northeast across sections 
31, 32 and 33, T. 15 S., R. 3 E. to the southeast corner of section 28, 
T. 15 S., R. 3 E.
    (70) Then southeast in a straight diagonal line along the eastern 
boundaries of sections 33 and 34, T. 15 S., R. 3 E., and sections 3, 2, 
12, 16, 20, 21, and 28, T. 16 S., R. 4 E., to the point where the 
eastern boundary line of section 28 intersects the boundary line of the 
Guadalupe Y Llanitos de Los Correos Land Grant.
    (71) Then south to the southwest corner of section 34, T. 16 S., R. 
4 E.
    (72) Then east to the northwest corner of section 2, T. 17 S., R. 4 
E.
    (73) Then south along the eastern boundary of section 3 to the 
southeast corner of section 3, T. 17 S., R. 4 E.
    (74) Then southeast in a straight diagonal line across sections 11, 
13, 19, and 29, to the southeast corner of section 29, T. 17 S., R. 5 E.
    (75) Then south along the western boundary of section 33 to the 
southwest corner of section 33, T. 17 S., R. 5 E.
    (76) Then east along the southern boundary of section 33 to the 
northeast corner of section 4, T. 18 S., R. 5 E.
    (77) Then southeast in a diagonal line acros sections 3 and 11 to 
the southeast corner of section 11, T. 18 S., R. 5 E.
    (78) Then south along the western boundary of section 13 to the 
southwest corner of section 13, T. 18 S., R. 5 E.
    (79) Then southeast in a diagonal line across section 24 to the 
southeast corner of section 24, T. 18 S., R. 5 E.

[[Page 171]]

    (80) Then south along the western boundaries of section 30 and 31 to 
the southwest corner of section 31, T. 18 S., R. 6 E.
    (81) Then east along the southern boundaries of sections 31 and 32 
to the southeast corner of section 32, T. 18 S., R. 6 E. (From this 
point, the Monterey and Arroyo Seco viticultural areas share the same 
boundary lines.)
    (82) Then south along the eastern boundaries of sections 5, 8, and 
17 to Arroyo Seco Road, T. 19 S., R. 6 E.
    (83) Then southwest in a straight line for approximately 1.0 mile to 
Benchmark 673, T. 19 S., R. 6 E.
    (84) Then west in a straight line for approximately 1.8 miles to 
Bench Mark 649.
    (85) Then northwest in a straight line for approximately 0.2 mile to 
the northeast corner of section 23, T. 19 S., R. 5 E.
    (86) Then west following the northern boundaries of sections 23 and 
22 to the northwest corner of section 22, T. 19 S., R. 5 E.
    (87) Then south in a straight line along the western boundary of 
section 22 to the point of beginning.

[T.D. ATF-178, 49 FR 24718, June 15, 1984, as amended by T.D. ATF-249, 
52 FR 5960, Feb. 27, 1987]



Sec. 9.99  Clear Lake.

    (a) Name. The name of the viticultural area described in this 
section is ``Clear Lake.''
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Clear Lake viticultural area are four U.S.G.S. maps. 
The maps are titled as follows:
    (1) ``Lower Lake Quadrangle, California,'' 15 minute series, 1958;
    (2) ``Clearlake Oaks Quadrangle, California,'' 15 minute series, 
1960;
    (3) ``Lakeport Quadrangle, California,'' 15 minute series, 1958;
    (4) ``Kelseyville Quadrangle, California,'' 15 minute series, 1959.
    (c) Boundaries. The Clear Lake viticultural area is located in 
southwestern Lake County, California. The descriptive boundaries of the 
viticultural area, using landmarks and points of reference on the 
applicable U.S.G.S. maps, are as follows:

    Lower Lake Quadrangle Map (15 minute series); From the beginning 
point on Mt. Hannah in Section 16, Township 12 North (T12N), Range 8 
West (R8W), identified as having an elevation of 3,978 feet, the 
boundary runs--
    (1) East-southeasterly in a straight line to the point on Seigler 
Mountain in Section 23, T12N/R8W, identified as having an elevation of 
3,692 feet;
    (2) Then east-southeasterly in a straight line to the point on 
Childers Peak in Section 34, T12N/R7W, identified as having an elevation 
of 2,188 feet;
    (3) Then east-northeasterly in a straight line to the point on the 
southeast corner of Section 25, T12N/R7W;
    (4) Then northeasterly in a straight line to the point in Section 
16, T12N/R6W, identified as being the ``Baker Mine;''
    (5) Then northwesterly in a straight line to the point at the 
southeast corner of Section 23, T13N/R7W;
    (6) Then northerly along the east line of Sections 23, 14, 11, and 
2, to the point at the northeast corner of Section 2, T13N/R7W, on the 
Clearlake Oaks Quadrangle map;
    Clearlake Oaks Quadrangle Map (15 minute series); Continuing from 
the northeast corner of Section 2, T13N/R7W--
    (7) Then northwesterly in a straight line to the point in Section 
21, T14N/R7W, at the top of Round Mountain
    (8) Then northwesterly in a straight line to the southeast corner of 
Section 4, T14N/R8W;
    Lakeport Quadrangle Map (15 minute series); Continuing from the 
southeast corner of Section 4, T14N/R8W, on the Clearlake Oaks 
Quadrangle Map--
    (9) Then northwesterly on the Lakeport Quadrangle in a straight line 
to a point on Charlie Alley Peak in Section 28, T16N/R9W, identified as 
having an elevation of 3,482 feet;
    (10) Then westerly in a straight line to a point on Hells Peak in 
Section 29, T16N/R10W, identified as having an elevation of 2,325 feet;
    (11) The southeasterly in a straight line to a point on Griner Peak 
in Section 23, T15N/R10W, identified as having an elevation of 2,132 
feet;
    (12) Then southwesterly in a straight line to a point on Scotts 
Mountain in Section 8, T14N/R10W, identified as having an elevation of 
2,380 feet;
    (13) Then southeasterly in a straight line to a point on Lakeport 
Peak in Section 35, T14N/R10W, identified as having an elevation of 
2,180 feet;
    Kelseyville Quadrangle Map (15 minute series); Continuing from 
Lakeport Peak in Section 35, T14N/R10W, on the Lakeport Quadrangle Map--
    (14) Then southeasterly in a straight line to the point at the 
southwest corner of Section 1, T13N/R10W;

[[Page 172]]

    (15) Then south by southeast in a straight line to the point at the 
southeast corner of Section 36, T13N/R10W;
    (16) Then south by southeasterly in a straight line to the point at 
the southwest corner of Section 18, T12N/R8W;
    (17) Then east by northeast in a straight line to the beginning 
point at Mount Hannah, Section 16, T12N/R8W, on the Lower Lake 
Quadrangle Map.

[T.D. ATF-174, 49 FR 19468, May 8, 1984]



Sec. 9.100  Mesilla Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Mesilla Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of Mesilla Valley viticultural area are 15 U.S.G.S. 
quadrangle 7.5 minute series maps. They are entitled:
    (1) ``Anthony, N. Mex.-Tex.,'' 7.5 minute series, edition of 1955;
    (2) ``Bishop Cap, N. Mex.,'' 7.5 minute series, edition of 1955;
    (3) ``Black Mesa, N. Mex.,'' 7.5 minute series, edition of 1978;
    (4) ``Canutillo, Tex.-N. Mex.,'' 7.5 minute series, edition of 1955 
(photorevised 1967);
    (5) ``Dona Ana, N. Mex.,'' 7.5 minute series, edition of 1978;
    (6) ``La Mesa, N. Mex.,'' 7.5 minute series, edition of 1955;
    (7) ``La Union, N. Mex.-Tex.'' 7.5 minute series, edition of 1955;
    (8) ``Las Cruces, N. Mex.,'' 7.5 minute series, edition of 1978;
    (9) ``Leasburg, N. Mex.,'' 7.5 minute series, edition of 1978;
    (10) ``Little Black Mountain, N. Mex.,'' 7.5 minute series, edition 
of 1978;
    (11) ``Picacho Mountain, N. Mex.,'' 7.5 minute series, edition of 
1978;
    (12) ``San Miguel, N. Mex.,'' 7.5 minute series, edition of 1955;
    (13) ``Smeltertown, Tex.-N. Mex.,'' 7.5 minute series, edition of 
1955 (photorevised 1967 and 1973);
    (14) ``Strauss, N. Mex.-Tex.,'' 7.5 minute series, edition of 1955; 
and
    (15) ``Tortugas Mountain, N. Mex.,'' 7.5 minute series, edition of 
1955.
    (c) Boundaries. The Mesilla Valley viticultural area is located 
within Dona Ana County, New Mexico, and El Paso County, Texas. The 
boundaries are as follows: The beginning point is at the Faulkner Canyon 
on the ``Leasburg, N. Mex.'' U.S.G.S. map at the northwest corner of 
Section 15, Township 21 South (T21S), Range 1 West (R1W).
    (1) From the beginning point, the boundary runs east 3.7 miles along 
the north section line until it converges with the 4,200 foot elevation 
contour line at Section 18, T21S/R1E;
    (2) Then it runs southeasterly 31 miles along the 4,200 foot 
elevation contour line to a point approximately 3.5 miles south of 
Bishop Cap where it intersects the Fort Bliss Military Reservation 
boundary at the northeast portion of Section 13, T25S/R3E on the 
``Bishop Cap, N. Mex.'' U.S.G.S. map;
    (3) Then it follows the Fort Bliss Military Reservation boundary 
south for approximately 3.7 miles and east approximately .8 mile to the 
intersection with the 4,200 foot elevation contour line at the southeast 
portion of Section 6, T26S/R4E on the ``Anthony, N. Mex.-Tex.'' U.S.G.S. 
map;
    (4) Then it runs south along the 4,200 foot elevation contour line 
for approximately 20 miles until it intersects the La Mesa Road (Mesa 
Avenue) in the city limits of El Paso, Texas, on the ``Smeltertown, 
Tex.-N. Mex.'' U.S.G.S. map;
    (5) Then it heads south on the La Mesa Road (Mesa Avenue) for 1.2 
miles until it meets Executive Center Boulevard that goes to La Guna/
Smeltertown;
    (6) Then it travels in a southwesterly direction for 1.1 miles on 
Executive Center Boulevard to La Guna/Smeltertown until it crosses the 
Southern Pacific Railroad tracks at Smeltertown, Texas;
    (7) Then it proceeds back into New Mexico northwesterly along the 
Southern Pacific Railroad tracks approximately 12.5 miles to a point 
near the switch yards at Strauss, New Mexico, where it intersects the 
4,100 foot elevation contour line at the center of Section 24, T28S/R2E 
on the ``Strauss, N. Mex.-Tex.'' U.S.G.S. map;
    (8) Then it follows the 4,100 foot elevation contour line in a 
northwesterly direction for 17 miles until it intersects with the south 
section line of Section 29, T25S/R2E, on the ``Little Black Mountain, N. 
Mex.'' U.S.G.S. map;

[[Page 173]]

    (9) Then it runs westerly approximately .5 mile along the south 
section line until it meets the 4,150 foot elevation contour line at 
Section 29, T25S/R2E;
    (10) Then it follows the 4,150 foot elevation contour line northward 
for 15 miles until it meets with Interstate Highway 70/80/180 at the 
southeast corner of Section 19, T23S/R1E, on the ``Las Cruces, N. Mex.'' 
U.S.G.S. map;
    (11) Then it runs southwest along Interstate Highway 70/80/180 for 
approximately .9 mile until it reaches the 4,200 foot elevation contour 
line at the northwest corner of Section 30, T23S/R1E, on the ``Picacho 
Mt., N. Mex.'' U.S.G.S. map;
    (12) Then it meanders in a northerly direction on the 4,200 foot 
elevation contour line for 15 miles until it reaches the section line at 
the southwest corner of Section 15, T21S/R1W on the ``Leasburg, N. 
Mex.'' U.S.G.S. map;
    (13) Then finally it goes north along the section line to Faulkner 
Canyon until it meets with the northwest corner of Section 15, T21S/R1W, 
which is the beginning point.

[T.D. ATF-197, 50 FR 6163, Feb. 14, 1985]



Sec. 9.101  The Hamptons, Long Island.

    (a) Name. The name of the viticultural area described in this 
section is ``The Hamptons, Long Island.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of ``The Hamptons, Long Island'' viticultural area are 5 
U.S.G.S. maps. They are entitled:
    (1) ``Riverhead, N.Y.,'' 7.5 minute series, scaled at 1:24,000, 
edition of 1956;
    (2) ``Eastport, N.Y.,'' 7.5 minute series, scaled at 1:24,000, 
edition of 1956;
    (3) ``New York, N.Y.; N.J.; Conn., U.S. 1:250,000 series, scaled at 
1:250,000, edition of 1960, revised 1979;
    (4) ``Providence, R.I.; Mass.; Conn.; N.Y., U.S. 1:250,000 series, 
scaled at 1:250,000, edition of 1947, revised 1969, and
    (5) ``Hartford, Conn.; N.Y.; N.J.; Mass., U.S. 1:250,000 series, 
scaled at 1:250,000, edition of 1962, revised 1975.
    (c) Boundaries. The boundaries of the viticultural area are as 
follows: ``The Hamptons, Long Island'' viticultural area is located 
entirely within eastern Suffolk County, Long Island, New York. The 
viticultural area boundaries consist of all of the land areas of the 
South Fork of Long Island, New York, including all of the beaches, 
shorelines, islands and mainland areas in the Townships of Southampton 
and East Hampton (including Gardiners Island). The beginning point is 
found on the ``Riverhead, N.Y.'' U.S.G.S. map on the Peconic River about 
2 miles east of Calverton where the Townships of Riverhead, Brookhaven 
and Southampton meet:
    (1) The boundary travels south approximately 10 miles along the 
Southampton/Brookhaven Township line until it reaches the dunes on the 
Atlantic Ocean near Cupsogue Beach on the ``Eastport, N.Y.'' U.S.G.S. 
map.
    (2) Then the boundary proceeds east and west along the beaches, 
shorelines, islands and mainland areas of the entire South Fork of Long 
Island described on the ``New York,'' ``Providence,'' and ``Hartford'' 
U.S.G.S. maps until it reaches the Peconic River near Calverton at the 
beginning point. These boundaries consist of all of the land found in 
the Townships of Southampton and East Hampton (including Gardiners 
Island).

[T.D. ATF-205, 50 FR 20413, May 16, 1985, as amended by T.D. ATF-344, 58 
FR 40354, July 28, 1993]



Sec. 9.102  Sonoma Mountain.

    (a) Name. The name of the viticultural area described in this 
section is ``Sonoma Mountain.''
    (b) Approved maps. The approved maps for determining the boundary of 
the Sonoma Mountain viticultural area are 2 U.S.G.S. topographic maps in 
the 7.5 minute series, as follows:
    (1) Glen Ellen, Calif., dated 1954, photorevised 1980; and
    (2) Kenwood, Calif., dated 1954, photorevised 1980.
    (c) Boundary. The Sonoma Mountain viticultural area is located in 
Sonoma County, California. The boundary is as follows:
    (1) The beginning point is the northern most point at which the 
1600-foot contour line crosses the section line dividing section 22 from 
section 23, in Township 6 North, Range 7 West.
    (2) The boundary follows this section line north to the 800-foot 
contour line.

[[Page 174]]

    (3) The boundary follows the 800-foot contour line westerly, 
easterly, and northerly to Bennett Valley Road.
    (4) The boundary follows Bennett Valley Road easterly to Enterprise 
Road.
    (5) The boundary follows Enterprise Road southeasterly to an unnamed 
stream, in Section 7, Township 6 North, Range 7 West, which crosses 
Enterprise Road near the point at which the road turns from an easterly 
to a southerly direction.
    (6) The boundary follows this stream easterly to the 400-foot 
contour line.
    (7) The boundary follows the 400-foot contour line southerly to the 
township line dividing Township 6 North from Township 5 North.
    (8) The boundary follows a straight line extension of this township 
line west to the 1200-foot contour line.
    (9) The boundary follows the 1200-foot contour line northwesterly to 
the range line dividing Range 6 West from Range 7 West.
    (10) The boundary follows this range line south to the 1600-foot 
contour line.
    (11) The boundary follows this contour line westerly to the 
beginning point.

[T.D. ATF-196, 50 FR 2979, Jan. 23, 1985, as amended by T.D. ATF-249, 52 
FR 5960, Feb. 27, 1987]



Sec. 9.103  Mimbres Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Mimbres Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Mimbres Valley viticultural area are 28 U.S.G.S. 
quadrangle maps (26-7.5 minute series and 2-15 minute series). They are 
entitled:
    (1) ``Akela, N. Mex.,'' 7.5 minute series, edition of 1972;
    (2) ``Antelope Hill, N. Mex.,'' 7.5 minute series, edition of 1963 
(photoinspected 1974);
    (3) ``Bisbee Hills, N. Mex.,'' 7.5 minute series, edition of 1965;
    (4) ``Bowlin Ranch, N. Mex.,'' 7.5 minute series, edition of 1965;
    (5) ``Capital Dome, N. Mex.,'' 7.5 minute series, edition of 1965;
    (6) ``Carne, N. Mex.,'' 7.5 minute series, edition of 1965;
    (7) ``Columbus, N. Mex.,'' 7.5 minute series, edition of 1965;
    (8) ``Columbus NE, N. Mex.,'' 7.5 minute series, edition of 1966;
    (9) ``Columbus SE, N. Mex.,'' 7.5 minute series, edition of 1966;
    (10) ``Deming East, N. Mex.,'' 7.5 minute series, edition of 1965;
    (11) ``Deming West, N. Mex.,'' 7.5 minute series, edition of 1964 
(photoinspected 1972);
    (12) ``Dwyer, N. Mex.,'' 15 minute series, edition of 1956;
    (13) ``Faywood Station, N. Mex.,'' 7.5 minute series, edition of 
1947;
    (14) ``Florida Gap, N. Mex.,'' 7.5 mintue series, edition of 1964;
    (15) ``Goat Ridge, N. Mex.,'' 7.5 minute series, edition of 1964;
    (16) ``Gym Peak, N. Mex.,'' 7.5 minute series, edition of 1964;
    (17) ``Hermanas, N. Mex.,'' 7.5 minute series, edition of 1964;
    (18) ``Malpais Hill, N. Mex.,'' 7.5 minute series, edition of 1965;
    (19) ``Midway Butte, N. Mex.,'' 7.5 minute series, edition of 1965;
    (20) ``Myndus, N. Mex.,'' 7.5 minute series, edition of 1972;
    (21) ``North Peak, N. Mex.,'' 7.5 minute series, edition of 1965;
    (22) ``Red Mountain, N. Mex.,'' 7.5 minute series, edition of 1965;
    (23) ``San Lorenzo, N. Mex.,'' 15 minute series, edition of 1956;
    (24) ``Sibley Hole, N. Mex.,'' 7.5 minute series, edition of 1972;
    (25) ``South Peak, N. Mex.,'' 7.5 minute series, edition of 1965;
    (26) ``Spalding, N. Mex.,'' 7.5 minute series, edition of 1964;
    (27) ``West Lime Hills, N. Mex.,'' 7.5 minute series, edition of 
1965; and
    (28) ``Williams Ranch, N. Mex.,'' 7.5 minute series, edition of 
1964.
    (c) Boundaries. The Mimbres Valley viticultural area is located 
within Grant and Luna Counties, New Mexico. The boundaries are as 
follows: The beginning point is located at Faywood Station on an 
unimproved dirt road at benchmark 4911 in Luna County, New Mexico on the 
northern part of Section 2, Township 21 South (T21S), Range 12 West 
(R12W) on the Faywood Station Quadrangle U.S.G.S. map;
    (1) From the beginning point the boundary runs northeast 2.25 miles 
along an unimproved dirt road until it

[[Page 175]]

intersects U.S. Routh 180 (indicated on map as U.S. Rte. 260) at New 
Mexico Highway 61 (indicated on map as an unnumbered secondary highway) 
at the south portion of Sec. 30, T20S/R11W;
    (2) The boundary proceeds in a generally northerly direction on N.M. 
Hwy. 61 for 34.5 miles crossing over U.S. Rte. 90 (indicated on map as 
U.S. Rte. 180) west of San Lorenzo, N.M. until it meets an unimproved 
dirt road near Bear Canyon Dam at the west line of Sec. 28, T16S/R11W on 
the San Lorenzo, N. Mex. U.S.G.S. map;
    (3) It then heads east on the unimproved dirt road for .2 mile until 
it meets the Mimbres River at Sec. 28, T16S/R11W;
    (4) It then goes south on the Mimbres River for .25 mile until it 
intersects the 6,000 foot elevation contour line at Sec. 28, T16S/R11W;
    (5) From there the boundary runs south along the 6,000 foot 
elevation contour line until it meets the east line of Sec. 11, T17S/
R11W;
    (6) Then it proceeds south on the section line for .6 mile until it 
hits the south line of Sec. 12, T17S/R11W;
    (7) Then it travels east on the section line for 1.8 miles until it 
intersects an unimproved dirt road in Noonday Canyon on the north line 
of Sec. 18, T17S/R10W;
    (8) It then heads south on the unimproved dirt road for 2.2 miles 
until it intersects a medium duty road at the northern part of Sec. 30, 
T17S/R10W;
    (9) The boundary goes south on the medium duty road for .8 mile 
until it reaches the north line of Sec. 31, T17S/R10W;
    (10) The boundary goes east 5 miles on the section line to the east 
line of Sec. 36, T17S/R10W;
    (11) The boundary proceeds south on the section line for 13 miles to 
the south line of Sec. 36 (also indicated on map as Luna/Grant Country 
line), T19S/R10W on the Dwyer, N. Mex. U.S.G.S. map;
    (12) The boundary travels west on the Luna/Grant County line for 
three miles to the east line of Sec. 4, T20S/R10W;
    (13) The boundary goes south on the section line for three miles to 
the south line of Sec. 16, T20S/R10W;
    (14) Then it goes west on the section line for approximately .6 mile 
to a light duty road located 500 feet south of Benchmark 5119 on the 
south line of Sec. 16, T20S/R10W;
    (15) The boundary heads south on the light duty road for 
approximately 10.25 miles until it meets Hwy. 180 at Benchmark 4672 near 
the west line of Sec. 9, T22S/R10W on the Spalding, N. Mex. U.S.G.S. 
map;
    (16) Then it proceeds southeasterly on Hwy. 180 for approximately 5 
miles to the north line of Sec. 6, T23S/R9W on the Deming West, N. Mex. 
U.S.G.S. map;
    (17) It then goes east on the section line approximately 11.75 miles 
to the east line of Sec. 1, T23S/R8W on the Carne, N. Mex. U.S.G.S. map;
    (18) It then travels south on the section line for 1.5 miles until 
it meets an unimproved dirt road at Sec. 12, T23S/R8W;
    (19) It follows the unimproved dirt road in a easterly direction for 
3 miles to Carne Windmill at the northeast part of Sec. 17, T23S/R7W;
    (20) From there it follows an unimproved dirt road in a 
southeasterly direction for .75 mile until it meets the south line of 
Sec. 16, T23S/R7W;
    (21) Then it proceeds east along the section line for 9 miles until 
it arrives at the east line of Sec. 24, T23S/R6W on the Myndus, N. Mex. 
U.S.G.S. map;
    (22) Then it goes south on the section line for 15 miles until it 
meets the south line of Sec. 36, T25S/R6W on the Sibley Hole, N. Mex. 
U.S.G.S. map;
    (23) Then it heads west on the section line for 8 miles until it 
intersects the 4,200 foot elevation contour line at the southeast corner 
of Sec. 34, T25S/R7W on the Gym Peak, N. Mex. U.S.G.S. map;
    (24) Then it heads north on the 4,200 foot elevation contour line 
for 11 miles until it meets N.M. Hwy. 549 (indicated on map as U.S. Rte. 
70/80/180) at the southwest corner of Sec. 5, T24S/R7W on the Florida 
Gap, N. Mex. U.S.G.S. map;
    (25) The boundary heads west on M.M. Hwy. 549 (indicated on map as 
U.S. Rte. 70/80/180) for 4.5 miles until it meets the light duty road at 
the east line of Sec. 3, T24S/R8W on the Capital Dome, N. Mex. U.S.G.S. 
map;
    (26) It then goes south on the light duty road/section line for 4 
miles until

[[Page 176]]

it meets another light duty road at the south line of Sec. 22, T24S/R8W;
    (27) Then the boundary heads west for 2 miles on the light duty 
road/section line until it intersects an unimproved dirt road at the 
east line of Sec. 29, T24S/R8W;
    (28) Then it travels south on the unimproved dirt road/section line 
for 2 miles until it meets another unimproved dirt road at the south 
line of Sec. 32, T24S/R8W;
    (29) It then moves west .25 mile on the unimproved dirt road until 
it reaches the east line of Sec. 5, T25S/R8W;
    (30) Then it goes south on the section line for 6 miles until it 
reaches an unimproved dirt road near Crawford Ranch at the north line of 
Sec. 5, T25S/R8W on the South Peak, N. Mex. U.S.G.S. map;
    (31) Then it follows the unimproved dirt road in a southwest then 
southern direction for approximately 3 miles until it hits the north 
line of Sec. 19, T26S/R8W;
    (32) It then travels east for 1.1 mile along the section line until 
it hits the east line of Sec. 20, T26S/R8W;
    (33) From there it proceeds south for 2 miles on the section line 
until it intersects the north line of Sec. 33, T26S/R8W;
    (34) It then heads east for 5 miles on the section line until it 
intersects the east line of Sec. 31, T26S/R7W on the Gym Peak, N. Mex. 
U.S.G.S. map;
    (35) The boundary goes south on the section line for 7 miles until 
it meets the north line of Sec. 5 (which also is a light duty road), 
T28S/R7W on the Columbus NE, N. Mex. U.S.G.S. map;
    (36) Then it goes east for 4 miles on the section line until it 
meets the east line of Sec. 2 near Oney Tank T28S/R7W;
    (37) Then it goes south on the section line for 8.7 miles until it 
meets the New Mexico, U.S.A./Mexico International border at the east 
line of Sec. 17, T29S/R7W on the Columbus SE, N. Mex. U.S.G.S. map;
    (38) The boundary follows in a westerly direction along the 
International border for 23 miles to the west line of Sec. 18, T29S/R10W 
on the Hermanas, N. Mex. U.S.G.S. map;
    (39) It then heads north on the western section for 3.5 miles to the 
north line of Sec. 31, T28S/R10W;
    (40) It then moves east for 13 miles on the section line until it 
intersects the east line of Sec. 32, T28S/R8W on the Columbus, N. Mex. 
U.S.G.S. map;
    (41) Then it follows the section line north for 8 miles until it 
meets the south line of Sec. 18, T27S/R8W on the North Peak, N. Mex. 
U.S.G.S. map;
    (42) Then it proceeds west on the section line for 11 miles to the 
west part of Sec. 16 identified as longitude point 107 degrees, 52 
minutes, 30 seconds, T27S/R10W on the West Lime Hills, N. Mex. U.S.G.S. 
map;
    (43) Then it moves north on the 107 degrees, 52 minutes, 30 seconds 
longitude point for 9 miles until it intersects the north line of Sec. 
4, T26S/R10W on the Midway Butte, N. Mex. U.S.G.S. map;
    (44) Then it goes west on the section line for 6.5 miles until it 
meets the west line of Sec. 33, T25S/R11W on the Bisbee Hills, N. Mex. 
U.S.G.S. map;
    (45) The boundary then travels north on the section line for 26.5 
miles (crossing the Southern Pacific Railroad tracks) until it 
intersects with the Atchison, Topeka and Santa Fe Railroad tracks on the 
west line of Sec. 21, T21S/R11W on the Spalding, N. Mex. U.S.G.S. map;
    (46) Finally it follows the Atchison, Topeka and Santa Fe Railroad 
tracks in a northwesterly direction for 5 miles until it reaches the 
beginning point at benchmark 4911 on an unimproved dirt road in Faywood 
Station at Sec. 2, T21S/R12W on the Faywood Station, N. Mex. U.S.G.S. 
map.

[T.D. ATF-217, 50 FR 48081, Nov. 21, 1985]



Sec. 9.104  South Coast.

    (a) Name. The name of the viticultural area described in this 
section is ``South Coast.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of South Coast viticultural area are four U.S.G.S. maps. They 
are titled:
    (1) San Diego, 1:250,000 series, 1958 (revised 1978).
    (2) Santa Ana, 1:250,000 series, 1959 (revised 1979).
    (3) Long Beach, 1:250,000 series, 1957 (revised 1978).

[[Page 177]]

    (4) Wildomar Quadrangle, 7.5 minute series, 1953 (photorevised 
1973).
    (c) Boundary--(1) General. The South Coast viticultural area is 
located in California. The starting point of the following boundary 
description is the northern intersection of the Orange County line with 
the Pacific Ocean (on the Long Beach map).
    (2) Boundary Description. (i) From the starting point generally 
northeastward, eastward, and southeastward along the Orange County line, 
to the intersection of that county line with the township line on the 
northern border of Township 7 South (in Range 6 West; on the Santa Ana 
map).
    (ii) From there eastward along that township line to its 
intersection with the northern boundary of the Temecula viticultural 
area described in Sec. 9.50; at this point, the Temecula viticultural 
area boundary coincides with the boundary of the Cleveland National 
Forest (on the Wildomar Quadrangle map).
    (iii) From there following the northern boundary of the Temecula 
viticultural area, at and near its northernmost point, generally 
northeastward, eastward, and southeastward until the Temecula 
viticultural area boundary again intersects the township line on the 
northern border of Township 7 South (in Range 4 West; thus all of the 
Temecula viticultural area is included inside of South Coast 
viticultural area).
    (iv) Then eastward, along the township line on the northern border 
of Township 7 South, to the San Bernardino Meridian (on the Santa Ana 
map).
    (v) Then southward along the San Bernardino Meridian to the 
Riverside County-San Diego County line.
    (vi) Then westward along that county line for about 7\1/2\ miles, to 
the western boundary of the Cleveland National Forest (near the Pechanga 
Indian Reservation).
    (vii) Then generally southeastward along the Cleveland National 
Forest boundary to where it joins California Highway 76.
    (viii) From there generally southeastward along Highway 76 to 
California Highway 79.
    (ix) Then southeastward along Highway 79 to the township line on the 
northern border of Township 12 South (in Range 3 East).
    (x) Then eastward along that township line to its intersection with 
the range line on the eastern border of Range 3 East.
    (xi) From there southward along that range line to the U.S.-Mexico 
international border.
    (xii) Then westward along that international border to the Pacific 
Ocean.
    (xiii) Then generally northwestward along the shore of the Pacific 
Ocean to the starting point.

[T.D. ATF-218, 50 FR 48084, Nov. 21, 1985]



Sec. 9.105  Cumberland Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Cumberland Valley.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Cumberland Valley viticultural area are the following 32 U.S.G.S. 
topographical maps of the 7.5 minute series:
    (1) ``Williamsport Quadrangle'', edition of 1969.
    (2) ``Shepherdstown Quadrangle'', edition of 1978.
    (3) ``Keedysville Quadrangle'', edition of 1978.
    (4) ``Middletown Quadrangle'', edition of 1953, photo-revised 1979.
    (5) ``Myersville Quadrangle'', edition of 1953, photo-revised 1971.
    (6) ``Smithsburg Quadrangle'', edition of 1953, photo-revised 1971.
    (7) ``Waynesboro Quadrangle'', edition of 1944, photo-revised 1968 
and 1973.
    (8) ``Iron Springs Quadrangle'', edition of 1953, photo-revised 1968 
and 1973.
    (9) ``Scotland Quadrangle'', edition of 1944, photo-revised 1968 and 
1973.
    (10) ``Caledonia Park Quadrangle'', edition of 1944, photo-revised 
1968 and 1973.
    (11) ``Walnut Botton Quadrangle'', edition of 1952, photo-revised 
1969 and 1977.
    (12) ``Dickinson Quadrangle'', edition of 1952, photo-revised 1969 
and 1977.
    (13) ``Mount Holly Springs Quadrangle'', edition of 1952, photo-
revised 1968 and 1973.
    (14) ``Mechanicsburg Quadrangle'', edition of 1952, photo-revised 
1968 and 1973.

[[Page 178]]

    (15) ``LeMoyne Quadrangle'', edition of 1963, photo-revised 1972.
    (16) ``Steelton Quadrangle'', edition of 1963, photo-revised 1972.
    (17) ``Harrisburg West Quadrangle'', edition of 1969, photo-revised 
1974.
    (18) ``Wertzville Quadrangle'', edition of 1952, photo-revised 1968 
and 1973.
    (19) ``Sherman's Dale Quadrangle'', edition of 1952, photo-revised 
1968 and 1973.
    (20) ``Landisburg Quadrangle'', edition of 1952, photo-revised 1969 
and 1977.
    (21) ``Andersonburg Quadrangle'', edition of 1952, photo-revised 
1969 and 1977.
    (22) ``Newville Quadrangle'', edition of 1952, photo-revised 1969 
and 1975.
    (23) ``Newburg Quadrangle'', edition of 1966, photo-revised 1973.
    (24) ``Doylesburg Quadrangle'', edition of 1966, photo-revised 1973.
    (25) ``Roxbury Quadrangle'', edition of 1966, photo-revised 1973.
    (26) ``Fannettsburg Quadrangle'', edition of 1966, photo-revised 
1973.
    (27) ``St. Thomas Quadrangle'' edition of 1944, photo-revised 1968 
and 1973.
    (28) ``McConnellsburg Quadrangle'', edition of 1944, photo-revised 
1968 and 1973.
    (29) ``Mercersburg Quadrangle'', edition of 1943, photo-revised 1968 
and 1973.
    (30) ``Clear Spring Quadrangle'', edition of 1955, photo-revised 
1971.
    (31) ``Hedgesville Quadrangle'', edition of 1979.
    (32) ``Mason Dixon Quadrangle'', edition of 1943-53 (photorevised 
1971).
    (33) ``Hagerstown Quadrangle'', edition of 1943-53 (photorevised 
1971, photoinspected 1977).
    (34) ``Funkstown Quadrangle'', edition of 1943-53 (photorevised 
1971, photoinspected 1977).
    (35) ``Plainfield Quadrangle'', edition of 1975.
    (36) ``Shippensburg Quadrangle'', edition of 1973.
    (37) ``Chambersburg Quadrangle'', edition of 1973.
    (38) ``Williamson Quadrangle'', edition of 1973.
    (39) ``Greencastle Quadrangle'', edition of 1973.
    (40) ``Dillsburg Quadrangle'', edition of 1973.
    (c) Boundary. The Cumberland Valley viticultural area is located in 
Washington County in west-central Maryland and Franklin and Cumberland 
counties in south-central Pennsylvania. The boundary is as follows:
    (1) Starting immediately west of the Town of Williamsport in 
Washington County, Maryland, at Lock 45 of the Chesapeake & Ohio (C&O) 
Canal National Historical Park and the confluence of the Potomac River 
and Conococheague Creek (see Williamsport Quadrangle), the boundary 
proceeds in a southeasternly direction along the perimeter of the park 
on the northeastern bank of the Potomac River to the confluence of 
Antitam Creek and the Potomac River;
    (2) Then southeast of Limekiln Road which runs along the perimeter 
of the park from Antietam Creek to the intersection of Limekiln Road and 
Harpers Ferry Road;
    (3) Then northeasterly a straight line approximately two miles to 
the 952-foot summit of Hawk's Hill;
    (4) Then northerly on a straight line approximately 2.5 miles to the 
intersection of Red Hill Road and Porterstown Road;
    (5) Then southeasterly along Porterstown Road to its intersection 
with Mount Briar--Trego Road;
    (6) Then southerly along Mount Briar--Trego Road to its intersection 
with Millbrook Road;
    (7) Then east along Millbrook Road to its intersection with State 
Route 67, approximately 0.5 mile north of Rohersville, Maryland;
    (8) Then directly east approximately 1.25 miles in a straight line 
to the 1,000-foot contour line of South Mountain;
    (9) Then in a north northeasterly direction along the 1,000-foot 
contour line of South Mountain in Washington County, Maryland, and 
Franklin and Cumberland counties in Pennsylvania to the point on South 
Mountain where the 1,000-foot contour line crosses State Hollow Road 
(Rt. 233);
    (10) Then north along Rt. 233 to the point where it crosses the 750-
foot contour of South Mountain;
    (11) Then east along the 750-foot contour line of South Mountain to 
the point southwest of the Mount Holly Springs Reservoir where Cold 
Spring Run, a tributary of Yellow Breeches Creek, crosses the 750-foot 
contour line, approximately 3 miles southwest

[[Page 179]]

of the town of Mount Holly Springs, Pennsylvania;
    (12) Then east northeast in a straight line approximately seven 
miles to Center Point Knob, elev. 1050 feet, approximately two miles 
southeast of Boiling Springs, Pennsylvania (see Mechanicsburg 
Quadrangle);
    (13) Then continuing east northeast in a straight line approximately 
six miles to the point where U.S. Rt. 15 crosses Yellow Breeches Creek, 
approximately one mile east of Williams Grove, Pennsylvania;
    (14) Then east and northeast in a meandering line along the north 
bank of Yellow Breeches Creek to its confluence with the Susquehanna 
River;
    (15) Then north along the west bank of the Susquehanna River, which 
forms the western portion of the corporate boundary line of the City of 
Harrisburg, Pennsylvania, to the point where the 300-foot contour line 
and the west bank of the Susquehanna River meet;
    (16) Then directly west to the 700-foot contour line of Blue 
Mountain overlooking the Susquehanna River;
    (17) Then along the 700-foot contour line of Blue Mountain as it 
meanders west and around McClures Gap;
    (18) Then along the 700-foot contour line of Blue Mountain to the 
point where the 700-foot contour line crosses State Rt. 233;
    (19) Then northeast along Rt. 233 through Doubling Gap to the 1,000-
foot contour line of Blue Mountain;
    (20) Then in a generally southwesterly direction along the 1,000-
foot contour line of Blue Mountain into Franklin County to the point 
where the 1,000-foot contour line meets the roadbed of the Pennsylvania 
Turnpike, Interstate 76;
    (21) Then along the roadbed of the Pennsylvania Turnpike to the east 
entrance of the Blue Mountain Tunnel;
    (22) Then in a straight line approximately 6.5 miles to the 
intersection of State Rt. 533 and the 1,000-foot contour line of Blue 
Mountain, approximately one mile west northwest of Upper Strasburg, 
Pennsylvania;
    (23) Then southwest along the 1,000-foot contour line of Blue 
Mountain to and along the 1,000-foot contour line of Broad Mountain;
    (24) Then along the 1,000-foot contour line as it meanders along and 
around Broad Mountain and Front Mountain to the point where the 1,000-
foot contour line crosses Wilson Run near Franklin Furnace, 
Pennsylvania;
    (25) Then southwest in a straight line approximately 3.5 miles to 
Parnell Knob, elev. 2060 feet;
    (26) Then west northwest in a straight line approximately four miles 
to the point where the 1,000-foot contour line crosses Township Run near 
Cape Horn on Cove Mountain, approximately two miles north northwest of 
Fort Loudon, Pennsylvania;
    (27) Then southwest along the 1,000-foot contour line of Cove 
Mountain into and out of Cove Gap;
    (28) Then along the 1,000-foot contour line of Cove Mountain and Two 
Top Mountain in Franklin County, Pennsylvania, and Sword Mountain and 
Fairview Mountain in Washington County, Maryland, to the point on 
Fairview Mountain where the 1,000-foot contour line intersects the 
National Road (U.S. Rt. 40);
    (29) Then west along U.S. Rt. 40 approximately 0.5 mile to the 
intersection of U.S. Rt. 40 and Cove Road;
    (30) Then south in a straight line from the intersection of U.S. Rt. 
40 and Cove Road approximately 1.25 miles to the intersection of McCoys 
Ferry Road and State Rt. 56;
    (31) Then south along McCoys Ferry Road to the perimeter of the C&O 
Canal National Historical Park along the Potomac River;
    (32) Then southeast along the perimeter of the C&O National 
Historical Park to the point of beginning.

[T.D. ATF-210, 50 FR 29971, July 23, 1985, as amended by T.D. ATF-249, 
52 FR 5960, Feb. 27, 1987]



Sec. 9.106  North Yuba.

    (a) Name. The name of the viticultural area described in this 
section is ``North Yuba.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of North Yuba viticultural area are the following four U.S.G.S. 
topographical maps of the 7.5 minute series:
    (1) ``Oregon House Quadrangle,'' edition of 1948, photo-revised 
1969.

[[Page 180]]

    (2) ``Rackerby Quadrangle,'' edition of 1948, photo-revised 1969.
    (3) ``Challenge Quadrangle,'' edition of 1948 photo-revised 1969.
    (4) ``French Corral Quadrangle,'' edition of 1948, photo-revised 
1969.
    (c) Boundary. The North Yuba viticultural area is located in Yuba 
County in the State of California. The boundary is as follows:
    (1) Beginning on the ``Oregon House Quadrangle'' map at the point 
where the Browns Valley Ditch crosses Woods Creek in the southwest 
corner of section 25, T. 17 N., R. 6 E., the boundary proceeds 
northeasterly in a meandering line approximately 1.5 miles along the 
east bank of Woods Creek to the point near Richards Ranch where the 
paved light duty road crosses said creek;
    (2) Then west and north, approximately 0.33 mile to the point where 
the paved light duty road meets the unimproved dirt road accessing Dixon 
Hill and Texas Hill;
    (3) Then northwest continuing along the paved light duty road 
approximately 2.75 miles to the intersection at Oregon House of said 
light duty road with the medium duty road which travels east and west 
between Virginia Ranch Reservoir of Dry Creek and the Yuba County 
Forestry Headquarters near Dobbins;
    (4) Then northeasterly, 0.7 mile, along same light duty road to its 
intersection with the unimproved dirt road to Lake Mildred, located in 
the northwest corner of section 2, T. 17 N., R. 6 E.;
    (5) Then northwesterly, 1.0 miles, along the unimproved dirt road to 
the end of said road at the shoreline of Lake Mildred;
    (6) Then southwest along the shoreline of Lake Mildred to the Los 
Verjeles Dam at the westernmost end of said lake;
    (7) Then across the face of said dam and continuing northeast along 
the shoreline of Lake Mildred to the point where the stream running 
through Smokey Ravine flows into Lake Mildred;
    (8) Then north and west along said stream to the point where the 
stream crosses the 1,900-foot contour line in the northeast corner of 
section 27, T. 18 N., R. 6 E.;
    (9) Then southwest in a meandering line along the 1.900-foot contour 
line of Lamb Hill;
    (10) Then northwest along the 1,900-foot contour line of High Spring 
Ridge to the point where the medium duty paved road running north and 
south along Willow Glen Creek crosses the 1,900-foot contour line, 
approximately 0.75 mile north of Finley Ranch;
    (11) Then north along said road, approximately 1 mile, to its 
intersection at Willow Glen Ranch near the west boundary line of section 
15, T. 18 N., R. 6 E., with the light duty road which crosses Critterden 
Ridge;
    (12) Then in a generally easterly direction along said road, 
approximately 2.0 miles, to its point of intersection with the light 
duty paved road named Frenchtown Road which runs north and south between 
Brownsville and Frenchtown;
    (13) Then south along the Frenchtown Road to the point where the 
road crosses the 1,600-foot contour line in the northwest corner of 
section 24, T. 18 N., R. 6 E.;
    (14) Then east along the 1,600-foot contour line to the point where 
Dry Creek crosses the 1,600-foot contour line near the south boundary 
line of section 13, T. 18 N., R. 6 E.;
    (15) Then south along Dry Creek, approximately 0.16 mile, to the 
confluence of Indiana Creek with Dry Creek;
    (16) Then in a generally easterly direction, approximately 1 mile, 
along Indiana Creek to the confluence of Keystone Creek with Indiana 
Creek;
    (17) Then north along indiana Creek, approximately 0.87 mile, to the 
point where Indiana Creek meets the 2,000-foot contour line of Oregon 
Hills;
    (18) Then in a generally southeasterly direction along the 2,000-
foot contour line of Oregon Hills, approximately 6 miles, to the point 
near the east boundary line of section 9, T. 17 N., R. 7 E., where the 
power transmission line on Red Bluff crosses the 2,000-foot contour 
line;
    (19) Then southwest along the right of way of said power 
transmission line to the point near the south boundary of section 9, T. 
17 N., R. 7 E., where it

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meets the power transmission line running northwest and southeast 
between Dobbins and the Colgate Power House;
    (20) Then southeast along the power transmission line between 
Dobbins and Colgate Power House to the Colgate Power House;
    (21) Then in a generally westerly direction from the Colgate Power 
House along the power transmission line which crosses over Dobbins Creek 
to the point west of Dobbins Creek where the power transmission line 
intersects the 1,000-foot contour line;
    (22) Then in a generally southwesterly direction along the 1,000-
foot contour line above the north bank of the Yuba River and Harry L. 
Englebright lake of the Yuba River to the intersection of the 1,000-foot 
contour line with Woods Creek in the northeast corner of section 36, T. 
17 N., R. 6 E.;
    (23) Then east and north along the east bank of Woods Creek, 
approximately 0.5 miles, to the point of beginning.

[T.D. ATF-211, 50 FR 30820, July 30, 1985]



Sec. 9.107  Lodi.

    (a) Name. The name of the viticultural area described in this 
section is ``Lodi.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Lodi viticultural area are 18 U.S.G.S. 7.5 minute 
series maps and are titled as follows:
    (1) Valley Springs SW, Calif. 1962;
    (2) Farmington, Calif. 1968 (Photorevised 1987);
    (3) Peters, CA 1952 (Photorevised 1968);
    (4) Stockton East, Calif. 1968 (Photorevised 1987);
    (5) Waterloo, Calif. 1968 (Photoinspected 1978);
    (6) Lodi South, Calif. 1968 (Photorevised 1976);
    (7) Terminous, Calif. 1978 (Minor Revision 1993);
    (8) Thornton, Calif. 1978;
    (9) Bruceville, Calif. 1968 (Photorevised 1980);
    (10) Florin, Calif. 1968 (Photorevised 1980);
    (11) Elk Grove, Calif. 1968 (Photorevised 1979);
    (12) Sloughhouse, Calif. 1968 (Photorevised 1980, Minor Revision 
1993);
    (13) Buffalo Creek, Calif. 1967 (Photorevised 1980);
    (14) Folsom SE, Calif. 1954 (Photorevised 1980);
    (15) Carbondale, Calif. 1968 (Photorevised 1980, Minor Revision 
1993);
    (16) Goose Creek, Calif. 1968 (Photorevised 1980, Minor Revision 
1993);
    (17) Clements, Calif. 1968 (Minor Revision 1993); and
    (18) Wallace, Calif. 1962.
    (c) Boundaries. The Lodi viticultural area is located in California 
in the counties of Sacramento and San Joaquin. The beginning point is 
located at the intersection of the Calaveras River and the San Joaquin-
Stanislaus County line (Valley Springs SW, Calif. map).
    (1) From the beginning point, proceed south along the San Joaquin-
Stanislaus County line to its intersection with State Route 4, also 
known as Funck Road, T1N, R9E (Farmington, Calif. map);
    (2) Then proceed west on State Route 4 (west on Funck Road, then 
south on Waverly Road, then west through the village of Farmington on 
Farmington Road) to State Route 4's intersection with Jack Tone Road, 
T1N, R7E (beginning on the Farmington, Calif. map, passing through the 
Peters, CA map, and ending on the Stockton East, Calif. map);
    (3) Then proceed north along Jack Tone Road to its intersection with 
Eightmile Road, T3N, R7E (ending on the Waterloo, Calif. map);
    (4) Then proceed west along Eightmile Road to its intersection with 
Bishop Cut, T3N, R5E (beginning on the Waterloo, Calif. map, passing 
through the Lodi South, Calif. map, and ending on the Terminous, Calif. 
map);
    (5) Then proceed north along Bishop Cut to White Slough, T3N, R5E 
(Terminous, Calif. map);
    (6) Then proceed west along White Slough to an unnamed drainage 
canal on Terminous Tract, across the slough from a marked pumping 
station on King Island, T3N, R5E (Terminous, Calif. map);

[[Page 182]]

    (7) Then proceed straight northwest on the Terminous Tract to the 
south end of Peatland Road and follow it north to its intersection with 
State Route 12, T3N, R5E (Terminous, Calif. map);
    (8) Then proceed west 0.2 mile on State Route 12 to its intersection 
with an unnamed unimproved road at BM-8, and continue straight northwest 
on the Terminous Tract to the marked siphon on the south side of 
Sycamore Slough, T3N, R5E (ending on the Thornton, Calif. map);
    (9) Then proceed in a straight line north-to-northeast across Brack 
Tract, Hog Slough and Canal Ranch to the line's intersection with Beaver 
Slough near the 90-degree east turn of an unnamed light duty road, west 
of a small cluster of buildings, T4N, R5E (Thornton, Calif. map);
    (10) Then proceed west along Beaver Slough to its intersection with 
the South Mokelumne River, following the river north and east to its 
intersection with Interstate 5 (marked as under construction), T5N, R5E 
( ending on the Bruceville, Calif. map);
    (11) Then proceed northwest along Interstate 5 to its intersection 
with an unnamed road, locally known as Hood-Franklin Road.
    (12) From Interstate 5, proceed east on Hood-Franklin Road to its 
intersection with Franklin Boulevard, Section 17, T6N, R5E (ending on 
the Florin, Calif. map);
    (13) Proceed generally north along Franklin Boulevard to its 
intersection with Sims Road and a section line running due east marking 
the northern boundary of Section 28, T7N, R5E (Florin, Calif. map).
    (14) Follow this section line due east to its junction with Sheldon 
Road and then proceed east along Sheldon Road to its intersection with 
the Central California Traction Co. Railroad (beginning on the Florin, 
Calif. map and ending on the Elk Grove, Calif. map);
    (15) Proceed southeast along the Central California Traction Co. 
Railroad to its intersection with Grant Line Road (Elk Grove, Calif. 
map);
    (16) Then northeast along Grant Line Road to its intersection with 
State Highway 16 (beginning on the Elk Grove, Calif. map, passing 
through the Sloughhouse, Calif. map, and ending on the Buffalo Creek, 
Calif. map);
    (17) Proceed southeast along State Highway 16 to its intersection 
with Deer Creek (ending on the Sloughhouse, Calif. map);
    (18) Then proceed generally northeast along Deer Creek to its 
intersection with the eastern boundary of Sacramento County (beginning 
on the Sloughhouse, Calif. map, passing through the Buffalo Creek, 
Calif. map, and ending on the Folsom SE, Calif. map); and
    (19) Proceed generally south along the eastern boundary of 
Sacramento County to the meeting point of Sacramento, Amador, and San 
Joaquin Counties (beginning on the Folsom SE, Calif. map, passing 
through the Carbondale, Calif. map, and ending on the Goose Creek, 
Calif. map); and
    (20) Then proceed generally south-southeast along the eastern 
boundary of San Joaquin County to the point of beginning (beginning on 
the Goose Creek, Calif. map, passing through the Clements, Calif. and 
Wallace, Calif. maps, and ending on the Valley Springs SW, Calif. map).

[T.D. ATF-223, 51 FR 5324, Feb. 13, 1986, as amended by T.D. ATF-482, 67 
FR 56484, Sept. 4, 2002]



Sec. 9.108  Ozark Mountain.

    (a) Name. The name of the viticultural area described in this 
section is ``Ozark Mountain.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of Ozark Mountain viticultural area are 11 U.S.G.S. maps in 
the scale of 1:250,000. They are titled--
    (1) St. Louis, Missouri (1963, revised 1969);
    (2) Jefferson City, Missouri (1955, revised 1970);
    (3) Springfield, Missouri (1954, revised 1969);
    (4) Joplin, Missouri; Kansas (1954, revised 1974);
    (5) Tulsa, Oklahoma; Arkansas; Missouri; Kansas (1958, revised 
1973);
    (6) Fort Smith, Arkansas-Oklahoma (1978);
    (7) Russellville, Arkansas (compiled in 1954);
    (8) Memphis, Tennessee; Arkansas; Missouri (1953, revised 1978);

[[Page 183]]

    (9) Poplar Bluff, Missouri; Arkansas (1957, revised 1978);
    (10) Paducah, Kentucky; Illinois; Missouri; Indiana (1949, revised 
1969); and
    (11) Rolla, Missouri; Illinois (1954, revised 1969).
    (c) Boundary--(1) General. The Ozark Mountain viticultural area is 
located in Missouri, Oklahoma, and Arkansas. The starting point of the 
following boundary description is the point at which the Missouri River 
joins the Mississippi River north of St. Louis, Missouri (on the St. 
Louis map).
    (2) Boundary Description. (i) The boundary proceeds from the 
starting point westward along the Missouri River until it meets the 
Osage River;
    (ii) Then further westward along the Osage River (flowing through 
Lake of the Ozarks and the Harry S. Truman Reservoir) until it passes 
adjacent to Missouri Highway 82 in Osceola, Missouri (on the Jefferson 
City map);
    (iii) Then southwestward along Missouri Highway 82 until it 
intersects U.S. Highway 54 in Eldorado Springs, Missouri (on the Joplin 
map);
    (iv) Then westward along U.S. Highway 54 until it intersects U.S. 
Highway 71 near Nevada, Missouri;
    (v) Then southward along U.S. Highway 71 until it intersects 
Interstate Highway 44, approximately 5 miles south of Carthage, 
Missouri;
    (vi) Then westward and southwestward along Interstate Highway 44 
into the State of Oklahoma, and continuing southwestward until 
Interstate Highway 44 crosses the Neosho River near Miami, Oklahoma (on 
the Tulsa map);
    (vii) Then southward along the Neosho River (flowing through the 
Lake of the Cherokees, Lake Hudson, and Fort Gibson Lake) until it flows 
into the Arkansas River, approximately 2 miles west of Fort Gibson, 
Oklahoma (on the Fort Smith map);
    (viii) Then southward and eastward along the Arkansas River (flowing 
through the Robert S. Kerr Lake) into the State of Arkansas, and 
continuing eastward until the Arkansas River is joined by Vache Grasse 
Creek, approximately 4 miles east of Barling, Arkansas;
    (ix) Then southeastward and southwestward following Vache Grasse 
Creek to the place where it is crossed by Arkansas Highway 10, near 
Greenwood, Arkansas;
    (x) Then westward along Highway 10 to U.S. Highway 71. Note: Highway 
10 is the primary highway leading from Greenwood to Hackett, Arkansas;
    (xi) Then southward and eastward along Highway 71 until it crosses 
Rock Creek;
    (xii) Then northeastward along Rock Creek to Petit Jean Creek;
    (xiii) Then generally northeastward and eastward along Petit Jean 
Creek until it becomes the Petit Jean River (on the Russellville map);
    (xiv) Then generally eastward along the Petit Jean River, flowing 
through Blue Mountain Lake, until the Petit Jean River joins the 
Arkansas River;
    (xv) Then generally eastward along the Arkansas River to Cadron 
Creek;
    (xvi) Then northeastward and eastward along Cadron Creek, for about 
2\1/2\ miles, until it pases under U.S. Highway 64, approximately 3\1/2\ 
miles west of Conway, Arkansas;
    (xvii) Then eastward along U.S. Highway 64 until it intersects U.S. 
Highway 67, near Beebe, Arkansas (on the Memphis map);
    (xviii) Then northeastward along U.S. Highway 67 into the state of 
Missouri, then northward until U.S. Highway 67 intersects U.S. Highway 
60, in Poplar Bluff, Missouri (on the Poplar Bluff map);
    (xix) Then eastward along U.S. Highway 60 until it crosses the 
western boundary of Stoddard County. Note: Here that boundary is the St. 
Francis River;
    (xx) Then northward, northeastward, and eastward along the boundary 
of Stoddard County until it joins the southern boundary of Cape 
Girardeau County (on the Cape Girardeau map);
    (xxi) Then northeastward along the Cape Girardeau County boundary 
until it meets the Mississippi River south of Cape Girardeau, Missouri;
    (xxii) Then northward along the Mississippi River to the starting 
point.

[T.D. ATF-231, 51 FR 24144, July 2, 1986; 51 FR 25366, July 14, 1986]

[[Page 184]]



Sec. 9.109  Northern Neck George Washington Birthplace.

    (a) Name. The name of the viticultural area described in this 
section is ``Northern Neck George Washington Birthplace.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Northern Neck George Washington Birthplace 
viticultural area are 2 U.S.G.S. 1:250,000 scale maps. They are 
entitled:
    (1) Washington, DC; Maryland; Virginia, 1957 (Revised 1979); and
    (2) Richmond, VA; MD., 1973.
    (c) Boundaries. The Northern Neck George Washington Birthplace 
viticultural area consists of all of the lands in the Counties of 
Westmoreland, King George, Northumberland, Lancaster and Richmond, in 
the Commonwealth of Virginia. The boundaries of the Northern Neck George 
Washington Birthplace viticultural area, using landmarks and points of 
reference found on the appropriate U.S.G.S. maps, are as follows:
    (1) Beginning on the Washington, DC; Maryland; Virginia U.S.G.S. map 
at a point on Potomac Creek where the King George County western 
boundary line at its northermost point intersects Potomac Creek the 
boundary proceeds easterly and southeasterly on the Richmond, VA; MD. 
U.S.G.S. map, along the Virginia shoreline of the Potomac River for 
approximately 66 miles to Smith Point on the Chesapeake Bay;
    (2) Thence southerly along the shoreline of the Chesapeake Bay for 
approximately 20 miles to Windmill Point at the mouth of the 
Rappahannock River;
    (3) Thence northwesterly along the banks of the Rappahannock River 
for approximately 72 air miles to Muddy Creek at the point where the 
western boundary line of King George County at its southernmost point 
begins;
    (4) Thence northward along the King George County/Stafford County 
line approximately 7 miles to the point of the beginning.

[T.D. ATF-250, 52 FR 13082, Apr. 21, 1987]



Sec. 9.110  San Benito.

    (a) Name. The name of the viticultural area described in this 
section is ``San Benito.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of San Benito viticultural area are six U.S.G.S. maps. They 
are titled:
    (1) Hollister Quadrangle, 7.5 minute series, 1955 (photorevised 
1971).
    (2) Tres Pinos Quadrangle, 7.5 minute series, 1955 (photorevised 
1971).
    (3) Quien Sabe Valley Quadrangle, 7.5 minute series, 1968.
    (4) Mt. Harlan Quadrangle, 7.5 minute series, 1968.
    (5) Paicines Quadrangle, 7.5 minute series, 1968.
    (6) Cherry Peak Quadrangle, 7.5 minute series, 1968.
    (c) Boundary--(1) General. The San Benito viticultural area is 
located in San Benito County, California. The starting point of the 
following boundary description is the point where the eastern border of 
Section 17 of Township 15 South, Range 7 East, crosses the latitude 
36 deg.37[min]30[sec] (on the Cherry Peak map).
    (2) Boundary Description. (i) From the starting point, westward 
along latitude 36 deg.37[min]30[sec] to the Range Line R.6E./R.7E. (on 
the Paicines map).
    (ii) Then northward along that range line to the southern border of 
Section 1, Township 15 South, Range 6 East.
    (iii) Then westward along that southern border to the western border 
of the same section.
    (iv) Then northward along that western border to the 800-foot 
contour line.
    (v) Then northwestward along that contour line to the Township Line 
T.14S./T.15S.
    (vi) Then westward along that township line to the southern border 
of Section 34, Township 15 South, Range 6 East.
    (vii) Then continuing westward along that southern border to the 
1200-foot contour line.
    (viii) Then generally northwestward along that contour line until it 
crosses for the second time the southern border of Section 28, Township 
14 South, Range 6 East.
    (ix) Then westward along that southern border to the 1400-foot 
contour line.
    (x) Then following the 1400-foot contour line through the folloowing 
sections: Sections 28, 29, and 30, Township 14 South, Range 6 East; 
Section 25,

[[Page 185]]

Township 14 South, Range 5 East; Sections 30, 19, 20, and returning to 
19, Township 14 South, Range 6 East; to the point where the 1400-foot 
contour line intersects the section line between Sections 19 and 18, 
Township 14 South, Range 6 East.
    (xi) From there in a straight line due northward to the 1200-foot 
contour line in Section 18, Township 14 South, Range 6 East.
    (xii) Then following the 1200-foot contour line generally 
northwestward to the northern border of Section 10, Township 14 South, 
Range 5 East (on the Mt. Harlan map).
    (xiii) Then following that northern border northwestward to the 
1600-foot contour line.
    (xiv) Then following the 1600-foot contour line generally northward 
to an unimproved road.
    (xv) Then looping southward along the unimproved road and continuing 
eastward past the designated ``Spring'' and then northward parallel with 
Bonanza Gulch to the Vineyard School on Cienega Road (on the Hollister 
map).
    (xvi) From there in a straight line northeastward, crossing Bird 
Creek and the San Benito River, to the northwestern corner of Section 
19, Township 13 South, Range 6 East (on the Tres Pinos map).
    (xvii) From there following the northern border of Sections 19 and 
20, Township 13 South, Range 6 East, to the northeastern corner of 
Section 20.
    (xviii) From there in a straight line due eastward to the Range line 
R.6E./R7E.
    (xix) Then southward along that Range line to the Township line 
T.13S./T.14S.
    (xx) Then eastward along that Township line to the eastern border of 
Section 6, Township 14 South, Range 7 East (on the Quien Sabe Valley 
map).
    (xxi) Then southward along the eastern border of Sections 6, 7, and 
18, Township 14 South, Range 7 East, to the northern border of Section 
20, Township 14 South, Range 7 East (on the Cherry Peak map).
    (xxii) Then eastward along that northern border to the eastern 
border of Section 20.
    (xxiii) Then southward along the eastern border of Sections 20, 29, 
and 32, Township 14 South, Range 7 East, and continuing southward along 
the eastern border of Sections 5, 8, and 17, Township 15 South, Range 7 
East, to the starting point.

[T.D. ATF-258, 52 FR 37137, Oct. 5, 1987]



Sec. 9.111  Kanawha River Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Kanawha River Valley''.
    (b) Approved maps. The approved maps for determining the boundary of 
the Kanawha River Valley viticultural area are 20 U.S.G.S. topographic 
maps in the 7.5-Minute series as follows:
    (1) Addison, Ohio--W. Va., dated 1960;
    (2) Gallipolis, Ohio--W. Va., dated 1958;
    (3) Apple Grove, Ohio--W. Va., dated 1968, photorevised 1975;
    (4) Glenwood, W. Va.--Ohio, dated 1968;
    (5) Milton, W. Va., dated 1972;
    (6) West Hamlin, W. Va., dated 1957;
    (7) Hamlin, W. Va., dated 1958;
    (8) Garrets Bend, W. Va., dated 1958;
    (9) Scott Depot, W. Va., dated 1958;
    (10) Saint Albans, W. Va., dated 1958;
    (11) Pocatalico, W. Va., dated 1958;
    (12) Sissonville, W. Va., dated 1958;
    (13) Romance, W. Va.,--Ky., dated 1957;
    (14) Kentuck, W. Va., dated 1957;
    (15) Kenna, W. Va., dated 1957;
    (16) Ripley, W. Va., dated 1960;
    (17) Cottageville, W. Va., dated 1960;
    (18) Mount Alto, W. Va.--Ohio, dated 1958, photorevised 1972;
    (19) Beech Hill, W. Va.--Ohio, dated 1957, photorevised 1975;
    (20) Cheshire, W. Va.--Ohio, dated 1968;
    (c) Boundary description. The boundary description of the Kanawha 
River Valley viticultural area includes (in parentheses) the name of the 
map on which each described point is found. The boundary description is 
as follows:
    (1) The beginning point is the West Virginia-Ohio State Line at the 
confluence of Champaign Creek and the Ohio River. (Addison quadrangle)
    (2) The boundary follows the West Virginia-Ohio State Line, in the 
Ohio River (across the Gallipolis and Apple Grove quadrangles) 
southwesterly to the point at which the Mason County-

[[Page 186]]

Cabell County Line intersects the State Line. (Glenwood quadrangle)
    (3) The boundary proceeds in a straight line southerly to the 
benchmark at 583 ft. elevation in the town of Yates Crossing in Cabell 
County, WV. (Milton quadrangle)
    (4) The boundary proceeds in a straight line southeasterly to the 
benchmark at 640 ft. elevation in the town of Balls Gap, in Lincoln 
County, WV. (West Hamlin quadrangle)
    (5) The boundary proceeds in a straight line easterly (across the 
Hamlin, Garrett Bend, and Scott Depot quadrangles) to the benchmark at 
590 ft. elevation in the town of Institute in Kanawha County, WV. (Saint 
Albans quadrangle)
    (6) The boundary proceeds in a straight line northeasterly to the 
benchmark at 654 ft. elevation in the town of Pocatalico, in Kanawha 
County, WV. (Pocatalico quadrangle)
    (7) The boundary proceeds in a straight line northeasterly (across 
the Sissonville quadrangle) to the confluence of Johns Branch and Sugar 
Creek in the town of Romance, in Jackson County, WV. (Romance 
quadrangle)
    (8) The boundary proceeds in a straight line northwesterly (across 
the Kentuck quadrangle) to the confluence of Plum Orchard Run and 
Stonelick Creek in the town of Plum Orchard, in Jackson County, WV. 
(Kenna quadrangle)
    (9) The boundary proceeds in a straight line northwesterly (across 
the Ripley quadrangle) to the Baltimore and Ohio Railroad crossing of 
State Highway 87 in the town of Evans, in Jackson County, WV. 
(Cottageville quadrangle)
    (10) The boundary proceeds in a straight line northwesterly (across 
the Mount Alto quadrangle) to the benchmark at 674 ft. elevation in the 
town of Flatrock, in Mason County, WV. (Beech Hill quadrangle)
    (11) The boundary proceeds northwesterly in a straight line (across 
the Cheshire quadrangle) to the beginning point.

[T.D. ATF-226, 51 FR 11913, Apr. 8, 1986]



Sec. 9.112  Arkansas Mountain.

    (a) Name. The name of the viticultural area described in this 
section is ``Arkansas Mountain.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Arkansas Mountain viticultural area are two U.S.G.S. maps, 
titled:
    (1) Russellville, Arkansas, 1:250,000 series compiled in 1954.
    (2) Fort Smith, Arkansas-Oklahoma, 1:250,000 series, 1978.
    (c) Boundary--(1) General. The Arkansas Mountain viticultural area 
is located in northwestern Arkansas. Starting at the point where Frog 
Bayou converges with the Arkansas River, near Yoestown, Arkansas (or the 
Fort Smith map), the boundary proceeds:
    (2) Boundary Description. (i) Southwestward along the Arkansas River 
to Vache Grasse Creek.
    (ii) Then southeastward and southwestward following Vache Grasse 
Creek to the place where it is crossed by Arkansas Highway 10, near 
Greenwood, Arkansas.
    (iii) From there westward along Highway 10 to U.S. Highway 71. 
(Note: Highway 10 is the primary highway leading to Greenwood to 
Hackett, Arkansas.)
    (iv) Then southward and eastward along Highway 71 until it crosses 
Rock Creek.
    (v) Then northeastward along Rock Creek to Petit Jean Creek.
    (vi) Then generally northeastward and eastward along Petit Jean 
Creek until it becomes the Petit Jean River (on the Russellville map).
    (vii) Then generally eastward along the Petit Jean River, flowing 
through Blue Mountain Lake, until the Petit Jean River joins the 
Arkansas River.
    (viii) Then generally eastward along the Arkansas River to Cadron 
Creek.
    (ix) Then generally northward and northeastward along Cadron Creek 
to the place where it is crossed by U.S. Highway 65.
    (x) From there northward along Highway 65 to its intersection with 
Arkansas Highway 16 near Clinton, Arkansas.
    (xi) From there following Highway 16 generally westward to its 
intersection with Arkansas Highway 23 in Brashears, Arkansas.

[[Page 187]]

    (xii) From there southward along Highway 23 to the Madison County-
Franklin County line.
    (xiii) Then westward and southward along that county line to the 
Madison County-Crawford County line.
    (xiv) Then westward along that county line to the Washington County-
Crawford County line.
    (xv) Then westward along that county line to Jones Fork (on the Fort 
Smith map).
    (xvi) Then southward along Jones Fork until it joins Frog Bayou near 
Winfrey, Arkansas.
    (xvii) Then generally southward along Frog Bayou, flowing through 
Lake Shepherd Springs and Lake Fort Smith, to the starting point.

[T.D. ATF-235, 51 FR 34205, Sept. 26, 1986]



Sec. 9.113  North Fork of Long Island.

    (a) Name. The name of the viticultural area described in this 
section is ``North Fork of Long Island.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the ``North Fork of Long Island'' viticultural area are 5 
U.S.G.S. maps. They are entitled:
    (1) Wading River, N.Y., 7.5 minute series, scaled at 1:24,000 
edition of 1967.
    (2) Riverhead, N.Y., 7.5 minute series, scaled at 1:24,000, edition 
of 1956.
    (3) New York, N.Y.; N.J.; Conn., U.S., 1:250,000 series, scaled at 
1:250,000, edition of 1960, revised 1979.
    (4) Providence, R.I.; Mass.; Conn., N.Y., U.S., 1:250,000 series, 
scaled at 1:250,000, edition of 1947, revised 1969.
    (5) Hartford, Conn.; N.Y.; N.J.; Mass., U.S., 1:250,000 series, 
scaled at 1,250,000, edition of 1962, revised 1975.
    (c) Boundaries. The boundaries of the proposed viticultural area are 
as follows: The North Fork of Long Island viticultural area is located 
entirely within eastern Suffolk County, Long Island, New York. The 
viticultural area boundaries consist of all of the land areas of the 
North Fork of Long Island, New York, including all of the mainland, 
shorelines and islands in the Townships of Riverhead, Shelter Island, 
and Southold.
    (1) The point of beginning is on the Wading River, N.Y., 7.5 minute 
series, U.S.G.S. map at the northern boundary of the Brookhaven/
Riverhead Township line on the Long Island Sound (approximately 500 feet 
east of the mouth of the Wading River);
    (2) The boundary goes south on the Brookhaven/Riverhead Town line 
for approximately 6.5 miles until it meets the Peconic River 
approximately 1 mile east of U.S. Reservation Brookhaven National 
Laboratory;
    (3) Then the boundary travels east on the Peconic River (Brookhaven/
Riverhead Town line) for 2.7 miles until it meets the Riverhead/
Southampton Township line on the Riverhead, N.Y., U.S.G.S. map;
    (4) It then goes east on the Riverhead/Southampton Township line for 
4.2 miles until it reaches an area where the Peconic River widens north 
of Flanders;
    (5) Then the boundary proceeds east to Orient Point then west along 
the shoreline, beaches, islands, and mainland areas of the North Fork of 
Long Island, described on the ``New York'', ``Providence'' and 
``Hartford'' U.S.G.S. maps until it reaches the Brookhaven/Riverhead 
Township line at the point of beginning. These boundaries consist of all 
the land (and isolated islands including without limitation, Wicopesset 
Island, Robins Island, Fishers Island, Great Gull Island, Plum Island, 
and Shelter Island) in the Townships of Riverhead, Shelter Island, and 
Southold.

[T.D. ATF-240, 51 FR 36398, Oct. 10, 1986]



Sec. 9.114  Old Mission Peninsula.

    (a) Name. The name of the viticultural area described in this 
section is ``Old Mission Peninsula.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the ``Old Mission Peninsula'' viticultural area are 2 
U.S.G.S. Quadrangle (15 Minute Series) maps, scaled at 1:62,500. They 
are entitled:
    (1) Elk Rapids, Mich. (1957); and
    (2) Traverse City, Mich. (1957).
    (c) Boundary. The boundary in Grand Traverse County, Michigan, 
consists of all of Peninsula Township, excluding Marion and Bassett 
Islands. In addition, the viticultural area takes in a small portion of 
Traverse City Township.
    (1) The beginning point is on the Traverse City, Mich., U.S.G.S. map 
at the

[[Page 188]]

shoreline of the West Arm of Grand Traverse Bay at Section 1, Township 
27 North, Range 11 West (T27N, R11W), approximately 500 feet due west of 
the intersection of two unmarked light-duty roads (approx. 750 feet 
north of Bryant Park);
    (2) The boundary proceeds north 19 miles along the western shoreline 
of the Old Mission Peninsula until it reaches the lighthouse near Old 
Mission Point at the north side of the Peninsula on the Elk Rapids, 
Mich., U.S.G.S. map, Sec. 23, T30N, R10W;
    (3) It then proceeds south for approximately 19 miles along the 
eastern shoreline of the peninsula to the southeast portion of an 
unmarked light-duty road (known locally as Eastern Avenue) at Sec. 6, 
T27N, R10W on the Traverse City, Mich., U.S.G.S. map. The unmarked 
light-duty road is located immediately north of Northwestern Michigan 
College on the shoreline of the East Arm of the Grand Traverse Bay;
    (4) The boundary travels west along the unmarked light-duty road 
(known locally as Eastern Avenue) for approximately one mile until it 
meets an unmarked north/south light-duty road at Sec. 1, T27N, R11W; and
    (5) Finally, the boundary proceeds due east 500 feet to the 
beginning point on the shoreline of the West Arm of the Grand Traverse 
Bay at Sec. 1, T27N, R11W.

[T.D. ATF-252, 52 FR 21515, June 8, 1987]



Sec. 9.115  Ozark Highlands.

    (a) Name. The name of the viticultural area described in this 
section is ``Ozark Highlands.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Ozark Highlands viticultural area are three U.S.G.S. 
maps of the 1:250,000 series. They are titled:
    (1) Rolla, Missouri; Illinois, 1954 (revised 1969).
    (2) St. Louis, Missouri; Illinois, 1963 (revised 1969).
    (3) Springfield, Missouri, 1954 (revised 1969).
    (c) Boundary--(1) General. The Ozark Highlands viticultural area is 
located in south central Missouri. The area comprises portions of the 
following counties: Phelps, Maries, Osage, Gasconade, Franklin, 
Crawford, Texas, Shannon, Dent, Reynolds, and Pulaski. The beginning 
point of the following boundary description is the junction of Little 
Piney Creek and the Gasconade River, near Jerome, Missouri (in the 
northwest corner of the Rolla map).
    (2) Boundary Description. (i) From the beginning point, the boundary 
goes northward along the Gasconade River to the latitude line 
38 deg.00[min] (the dividing line between the Rolla and St. Louis maps);
    (ii) Then eastward along that latitude line to U.S. Highway 63;
    (iii) Then northward along U.S. 63 to Spring Creek;
    (iv) Then north-northwestward along Spring Creek to the Gasconade 
River;
    (v) Then northward along the Gasconade River to a power transmission 
line (less than 1 mile north of Buck Elk Creek);
    (vi) Then eastward and east-northeastward along that power 
transmission line to Missouri Route 19;
    (vii) Then southward along Route 19 to the Bourbeuse River;
    (viii) Then east-northeastward along the Bourbeuse River to the 
range line dividing R. 2 W. and R. 1 W.;
    (ix) Then southward along that range line to the Meramec River;
    (x) Then southwestward along the Meramec River to Huzzah Creek;
    (xi) Then southward along Huzzah Creek to Dry Creek (on the Rolla 
map, where Missouri Route 8 crosses Huzzah Creek);
    (xii) Then southward along Dry Creek to Cherry Valley Creek;
    (xiii) Then south-southwestward along Cherry Valley Creek to 
Missouri Route 19;
    (xiv) Then southward and southwestward along Route 19 to Crooked 
Creek;
    (xv) Then northwestward along Crooked Creek to the Meramec River;
    (xvi) Then southward along the Meramec River to Hutchins Creek;
    (xvii) The southeastward along Hutchins Creek to its source near 
Missouri Route 32, across from the Howes Mill Post Office;
    (xviii) Then in a straight line toward the Howes Mill Post Office to 
Route 32;
    (xix) Then eastward along Route 32 to the range line dividing R. 3 
W. and R. 2 W.;

[[Page 189]]

    (xx) Then southward along that range line to the township line 
dividing T. 33 N. and T. 32 N.;
    (xxi) Then westward along that township line (which coincides, in R. 
3 W., with the Reynolds County/Dent County line) to the boundary of 
Clark National Forest;
    (xxii) Then generally southward along that national forest boundary 
to the Dent County/Shannon County line;
    (xxiii) Then westward along that county line to the Current River;
    (xxiv) Then southeastward along the Current River to Missouri Route 
19;
    (xxv) Then southward along Route 19 to Jack's Fork;
    (xxvi) Then westward, southwestward and northwestward along Jack's 
Fork, taking the North Prong, to its northwesternmost source;
    (xxvii) Then in a straight line northwestward to the 
southeasternmost source of Hog Creek;
    (xxviii) Then northwestward along Hog Creek to the Big Piney River 
(on the Springfield map);
    (xxix) Then northward along the Big Piney River to the township line 
dividing T. 35 N. and T. 36 N.;
    (xxx) Then eastward along that township line to Little Piney Creek 
(on the Rolla map);
    (xxxi) Then northward and westward along Little Piney Creek to the 
beginning point.

[T.D. ATF-256, 52 FR 32785, Aug. 31, 1987]



Sec. 9.116  Sonoma Coast.

    (a) Name. The name of the viticultural area described in this 
section is ``Sonoma Coast''.
    (b) Approved map. The approved maps for determining the boundary of 
the Sonoma Coast viticultural area are the following six U.S.G.S. 
topographic maps:
    (1) Sonoma County, California, scale 1:100,000, dated 1970;
    (2) Mark West Springs, California, 7.5-minute series, dated 1958, 
photoinspected 1978;
    (3) Healdsburg, California, 7.5-minute series, dated 1955, 
photorevised 1980;
    (4) Jimtown, California, 7.5-minute series, dated 1955, photorevised 
1975;
    (5) Guerneville, California, 7.5-minute series, dated 1955; and
    (6) Cazadero, California, 7.5-minute series, dated 1978.
    (c) Boundary description. In general, the boundary description of 
the Sonoma Coast viticultural area is found on the U.S.G.S. Topographic 
Map of Sonoma County, California, scale 1:100,000, dated 1970. When a 
point of the boundary description is found on one of the 7.5-minute 
quadrangles, the boundary description indicates this in parentheses. The 
boundary description is as follows:
    (1) The beginning point is the point at which the Sonoma County-
Mendocino County line meets the shoreline of the Pacific Ocean.
    (2) The boundary follows the shoreline of the Pacific Ocean 
southerly to the Sonoma County-Marin County line.
    (3) The boundary follows the Sonoma County-Marin County line 
southeasterly to San Pablo Bay.
    (4) The boundary follows the shoreline of San Pablo Bay easterly to 
the Sonoma County-Napa County line.
    (5) The boundary follows the Sonoma County-Napa County line 
northerly to the peak of Arrowhead Mountain.
    (6) From the peak of Arrowhead Mountain, the boundary proceeds in a 
straight line westerly to the peak of Sonoma Mountain.
    (7) From the peak of Sonoma Mountain, the boundary proceeds in a 
straight line northwesterly to the peak of Taylor Mountain.
    (8) From the peak of Taylor Mountain, the boundary proceeds in a 
straight line northwesterly to the point, near the benchmark at 184 ft. 
elevation in Section 34, Township 8 North, Range 8 West, at which Mark 
West Road crosses an unnamed stream which flows northwesterly into Mark 
West Creek. (Mark West Springs map)
    (9) From this point, the boundary proceeds northerly in a straight 
line to the headwaters of Brooks Creek, in Section 4, Township 8 North, 
Range 8 West. (Mark West Springs map)
    (10) The boundary follows Brooks Creek northwesterly to its 
confluence with the Russian River. (Healdsburg map)
    (11) The boundary proceeds southwesterly in a straight line to an 
unidentified peak at elevation 672 ft. (Healdsburg map)

[[Page 190]]

    (12) The boundary proceeds northwesterly in a straight line to the 
peak identified as Black Peak. (Healdsburg map)
    (13) The boundary proceeds westerly in a straight line to an 
unidentified peak at elevation 857 ft. (Healdsburg map)
    (14) The boundary proceeds westerly in a straight line to the peak 
of Fitch Mountain at elevation 991 ft. (Healdsburg map)
    (15) The boundary proceeds northwesterly in a straight line to the 
intersection, near a benchmark at elevation 154 ft. in the town of 
Chiquita, of a light-duty road (known locally as Chiquita Road) and a 
southbound primary highway, hard surface road (known locally as 
Healdsburg Avenue). (Jimtown map)
    (16) The boundary follows that road (known locally as Healdsburg 
Avenue) southerly through the city of Healdsburg to the point at which 
it is a light-duty, hard or improved surface road, identified on the map 
as Redwood Highway, which crosses the Russian River, immediately south 
of the city of Healdsburg at a bridge (known locally as the Healdsburg 
Avenue Bridge). (Healdsburg map)
    (17) The boundary follows the Russian River southerly to a point, 
near the confluence with Dry Creek, opposite a straight line extension 
of a light-duty, hard or improved surface road (known locally as Foreman 
Lane) located west of the Russian River. (Healdsburg map)
    (18) The boundary proceeds in a straight line to that road and 
follows it westerly, then south, then westerly, onto the Guerneville 
map, across a secondary highway, hard surface road (known locally as 
Westside Road), and continues westerly, then northwesterly to the point 
at which it crosses Felta Creek. (Guerneville map)
    (19) The boundary follows Felta Creek approximately 18,000 ft. 
westerly to its headwaters, at the confluence of three springs, located 
approximately 5,800 feet northwesterly of Wild Hog Hill. (Guerneville 
map)
    (20) The boundary proceeds in a straight line southwesterly to the 
southwest corner of Section 9, Township 8 North, Range 10 West. 
(Guerneville map)
    (21) The boundary proceeds in a straight line southwesterly to the 
point in, Section 24, Township 8 North, Range 11 West, at which Hulbert 
Creek crosses the 160 ft. contour line. (Cazadero map)
    (22) The boundary follows Hulbert Creek southerly to its confluence 
with the Russian River.
    (23) The boundary follows the Russian River southwesterly to its 
confluence with Austin Creek.
    (24) From this point, the boundary proceeds in a straight line 
northwesterly to the peak of Pole Mountain.
    (25) From the peak of Pole Mountain, the boundary proceeds in a 
straight line northwesterly to the peak of Big Oat Mountain.
    (26) From the peak of Big Oat Mountain, the boundary proceeds in a 
straight line northwesterly to the peak of Oak Mountain.
    (27) From the peak of Oak Mountain, the boundary proceeds in a 
straight line northwesterly approximately 14.5 miles to the Sonoma 
County-Mendocino County line at the northeast corner of Section 25, 
Township 11 North, Range 14 West.
    (28) The boundary follows the Sonoma County-Mendocino County line 
west, then southwesterly to the beginning point.

[T.D. ATF-253, 52 FR 22304, June 11, 1987]



Sec. 9.117  Stags Leap District.

    (a) Name. The name of the viticultural area described in this 
section is ``Stags Leap District.''
    (b) Approved map. The appropriate map for determining the boundaries 
of the Stags Leap District viticultural area is one U.S.G.S. topographic 
map in the 7.5 minute series, scaled 1:24000, titled ``Yountville, 
Calif.,'' 1951 (photorevised 1968).
    (c) Boundaries. The Stags Leap District viticultural area is located 
in Napa County, California, within the Napa Valley viticultural area. 
The boundaries are as follows:
    (1) Commencing at the intersection of the intermittent stream 
(drainage creek) with the Silverado Trail at the

[[Page 191]]

60 foot contour line in T6N/R4W, approximately 7 miles north of the city 
of Napa.
    (2) Then southwest in a straight line, approximately 900 feet, to 
the main channel of the Napa River.
    (3) Then following the main branch of the Napa River (not the 
southern branch by the levee) in a northwesterly then northerly 
direction, until it intersects the medium-duty road (Grant Bdy) in T7N/
R4W, known locally as the Yountville Cross Road.
    (4) Then northeast along the Yountville Cross Road until it 
intersects the medium-duty road, the Silverado Trail.
    (5) Then north along the Silverado Trail approximately 590 feet to a 
gully entering the Silverado Trail from the east.
    (6) Then northeast along the center line of that gully, 
approximately 800 feet, until it intersects the 400 foor contour line in 
Section 30 of T7N/R4W.
    (7) Then in a generally southeast direction, following the 400 foot 
contour line through Sections 29, 32, 33, 4, and 3, until it intersects 
the intermittent stream in the southwest corner of Section 3 in T6N/R4W.
    (8) Then in a generally southwest direction along that intermittent 
stream to the beginning point, at the intersection with the Silverado 
Trail.

[T.D. ATF-281, 54 FR 4018, Jan. 27, 1989]



Sec. 9.118  Ben Lomond Mountain.

    (a) Name. The name of the viticultural area described in this 
section is ``Ben Lomond Mountain.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Ben Lomond Mountain viticultural area are four 7.5 
minute series U.S.G.S. maps. They are titled:
    (1) Davenport Quadrangle (1955, photorevised 1968);
    (2) Big Basin Quadrangle (1955, photorevised 1973);
    (3) Felton Quadrangle (1955, photorevised 1980); and
    (4) Santa Cruz Quadrangle (1954, photorevised 1981).
    (c) Boundaries. The Ben Lomond Mountain viticultural area is located 
entirely within Santa Cruz County, California, which is in the central 
part of the State near the coast. The beginning point is the 
intersection of sections 25, 26, 35 and 36 (Davenport Quadrangle, T. 
10S., R. 3W.) which coincides with the 800-foot contour line and is 
approximately .6 mile northwest of the top of Bald Mountain.
    (1) From the beginning point, the boundary follows the 800-foot 
contour line in a meandering manner in a generally northwesterly 
direction across section 26 into section 27 (T. 10S., R. 3W.).
    (2) Thence along the 800-foot contour line in an easterly and then 
generally a northeasterly direction through section 27 and then back 
across the northwest corner of section 26 and thence in a generally 
northwesterly direction along the 800-foot contour line across sections 
23, 22 and into section 15.
    (3) Thence along the 800-foot contour line in a northerly and then a 
southerly direction across section 22 and eventually in a generally 
northwesterly direction into section 20.
    (4) Thence continuing along the 800-foot contour line in a generally 
northwesterly direction through sections 20, 17, 16, 17, 16, 9, 8, 5, 8, 
7 and 6 (T. 10S., R. 3W.).
    (5) Thence continuing in a northerly direction across sections 5 and 
32 and thence in a southwesterly direction across sections 31 and 6.
    (6) Thence continuing in a generally northerly direction across 
sections 1, 6, 31, 36, 31, 36 and 30 (T. 9S., R. 3W.) to the 
intersection of the 800-foot contour line and Scott Creek in section 19 
(T. 9S., R. 3W.).
    (7) Thence in a northeasterly direction along the south bank of 
Scott Creek through sections 19, 20 and 17 to the intersection of Scott 
Creek with the 1600-foot contour line in section 16 (T. 9S., R. 3W.).
    (8) Thence in a generally northeasterly and then southerly direction 
along the 1600-foot contour line through section 16 and then through the 
southeast and southwest corners of sections 9 and 10 respectively to the 
intersection of the 1600-foot contour line with Jamison Creek in section 
16 (T. 9S., R. 3W.).
    (9) Thence in an easterly direction along the south bank of Jamison 
Creek across sections 15 and 14 (T. 9S., R. 3W.) to the intersection of 
Jamison Creek and the 800-foot contour line in the

[[Page 192]]

southeast corner of section 14 (T. 9S., R. 3W.).
    (10) Thence in a southeasterly direction in a meandering manner 
along the 800-foot contour line across sections 14, 23, 24, 25 (T. 9S., 
R. 3W.), sections 30 and 31 (T. 9S., R. 2W.), and sections 32, 5, 8, 9, 
16, 17 and 21 (T. 10S., R. 2W.).
    (11) Thence in a southwesterly, then generally a southeasterly and 
then a northwesterly direction along the 800-foot contour line in a 
meandering manner to section 31 and then continuing on through sections 
31 and 30 (T. 10S., R. 2W.).
    (12) Thence continuing along the 800-foot contour line in a 
generally southerly and then a generally northwesterly direction through 
sections 25, 36, 31 and 36 to the point of beginning at the intersection 
of sections 25, 26, 35 and 36 (T. 10S., R. 3W.).

[T.D. ATF-264, 52 FR 46591, Dec. 9, 1987]



Sec. 9.119  Middle Rio Grande Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Middle Rio Grande Valley.''
    (b) Approved maps. The approved maps for determining the boundaries 
of the ``Middle Rio Grande Valley'' viticultural area are 24 U.S.G.S. 
Quadrangle (7.5 Minute Series) maps and 1 (15 Minute Series) U.S.G.S. 
map. They are titled:
    (1) Abeytas, N. Mex. (1952), revised 1979.
    (2) Alameda, N. Mex. (1960), revised 1967 and 1972.
    (3) Alburquerque East, N. Mex. (1960), revised 1967 and 1972.
    (4) Albuquerque West, N. Mex. (1960), revised 1967 and 1972.
    (5) Belen, N. Mex. (1952), revised 1971.
    (6) Bernalillo, N. Mex. (1954), revised 1972.
    (7) Dalies, N. Mex. (1952), revised 1971.
    (8) Isleta, N. Mex. (1952), revised 1967 and 1974.
    (9) La Joya, N. Mex. (1952), revised 1971.
    (10) Lemitar, N. Mex. (1952), revised 1971.
    (11) Loma De Las Canas, N. Mex. (1959), revised 1979.
    (12) Loma Machete, N. Mex. (1954), revised 1972.
    (13) Los Griegos, N. Mex. (1960), revised 1967 and 1972.
    (14) Los Lunas, N. Mex. (1952), revised 1971 and 1974.
    (15) Mesa Del Yeso, N. Mex. (1959).
    (16) Placitas, N. Mex. (1954).
    (17) San Acacia, N. Mex. (1952), revised 1971.
    (18) San Antonio, N. Mex. (1948)--15 minute series.
    (19) San Felipe Pueblo, N. Mex. (1954), revised 1978.
    (20) Santa Ana Pueblo, N. Mex. (1954), revised 1978.
    (21) Socorro, N. Mex. (1959), revised 1971.
    (22) Tome, N. Mex. (1952), revised 1979.
    (23) Turn, N. Mex. (1952), revised 1979.
    (24) Veguita, N. Mex. (1952), revised 1979.
    (25) Wind Mesa, N. Mex. (1952), revised 1967.
    (c) Boundary description. The boundary of the proposed Middle Rio 
Grande Valley viticultural area is as follows:
    (1) The beginning point is at the transmission line tower in the 
middle of Section 34, T14N, R4E of the Santa Ana Pueblo, N. Mex. 
U.S.G.S. map;
    (2) The boundary follows the power transmission line east for 2.5 
miles until it converges with New Mexico State Route 25/Interstate 85 
(now known as Interstate 25) at Sec. 1, T13N, R4E on the San Felipe 
Pueblo, M. Mex. U.S.G.S. map;
    (3) It follows I-25 southwest for 1.2 miles until it arrives at an 
unimproved dirt road approx. .2 mile east of Algodones Cemetery, at Sec. 
11, T13N, R4E on the Placitas, N. Mex. U.S.G.S. map;
    (4) The boundary follows the unimproved dirt road southeast for 5.5 
miles until it meets another unimproved dirt road at Tecolote, NM, south 
of Sec. 27 and 28, T13N, R5E;
    (5) It travels southwest on the unimproved dirt road .7 mile until 
it meets NM-44 approx. 100 feet northwest of BM 6,075 in Placitas, NM, 
at T13N, R5E;
    (6) It then goes southeast on NM-44 for approx. 250 feet until it 
intersects the 6,100 foot elevation contour line approx. 250 feet 
southeast of BM 6,075, at T13N, R5E;
    (7) It then travels west for 3.5 miles on the 6,100 feet elevation 
contour line until it reaches a light-duty road on the Huertas Grant/
Cibola National Forest Boundary at Sec. 6, T12N, R5E;

[[Page 193]]

    (8) The boundary runs north to northwest on the light-duty road for 
approx. .9 mile until it meets NM-44 next to BM 5,875 in Sec. 31, T13N, 
R5E;
    (9) It travels west 5.2 miles on NM-44 until it arrives at I-25 
(southbound interchange) near the Bernalillo Cemetery at T13N, R4E on 
the Bernalillo, N. Mex. U.S.G.S. map;
    (10) It proceeds south on I-25 for approx. 8.6 miles until it 
intersects with NM-556 at the east bound interchange at Sec. 1, T11N, 
R3E on the Alameda, N. Mex. U.S.G.S. map;
    (11) The boundary goes east approx. 5 miles on NM-556 until it 
intersects the 106 deg.30[min] longitude meridian, T11N, R4E;
    (12) Then it goes south on the 106 deg.30[min] longitude meridian 
for approx. 4.5 miles until it arrives at Montgomery Blvd. at Sec. 34, 
T10/11N, R4E;
    (13) The boundary travels west on Montgomery Blvd. for approx. 6.1 
miles until it meets the south exit ramp of 1-25 in Sec. 34, T11N, R3E;
    (14) Then it travels south on I-25 for approx. 13.3 miles (through 
Albuquerque, NM) until it intersects with NM-47 at Sec. 6, T8N, R3E on 
the Isleta, N. Mex. U.S.G.S. map;
    (15) It heads south on NM-47 for approx. 3.2 miles until it 
converges with the 4,900 foot elevation contour line at Isleta Pueblo, 
NM, in Sec. 24, T8N, R2E;
    (16) The boundary follows the 4,900 foot elevation contour line 
south for approx. 25 miles until it arrives at a point north on Madron, 
NM, at the Atchison, Topeka and Santa Fe Railroad (AT&SF RR) tracks, 
approx. 250 feet east of elevation mark 4,889 feet on the Turn, N. Mex. 
U.S.G.S. map;
    (17) It then travels north on the AT&SF RR tracks for approx. 350 
feet until it intersects NM-47 approx. 350 feet north of elevation mark 
4,889 feet;
    (18) The boundary goes southwest on NM-47 (through Turn, N.M.) for 
approx. 2.4 miles until it reaches the 106 deg.45[min] longitude 
meridian between the Turn, N. Mex. & Vequita, N. Mex. U.S.G.S. maps;
    (19) Then it travels south on the 106 deg.45[min] longitude meridian 
for approx. 4.7 miles until it meets the 34 deg.30[min] latitude 
parallel on the Veguita, N. Mex. U.S.G.S. map;
    (20) It then proceeds west on the 34 deg.30[min] latitude parallel 
for approx. 1 mile until it arrives at NM-47 approx. .75 mile south of 
San Juan Church;
    (21) Then it moves south on NM-47 for approx. 13.2 miles until it 
reaches an improved light-duty road at La Joya, NM, approx. 500 feet 
west of La Joya Cemetery on the La Joya, N. Mex. U.S.G.S. map;
    (22) It then travels south on the improved light-duty road for 
approx. 450 feet until it intersects another improved light-duty road;
    (23) Then it goes 500 feet west on the improved light-duty road 
until it reaches a north-south unimproved road at a point approx. .9 
mile east of the AT&SF RR tracks;
    (24) The boundary heads south on the unimproved road for approx. 7.9 
miles until it reaches the 34 deg.15[min] latitude parallel on the La 
Joya, N. Mex. U.S.G.S. map;
    (25) It travels west on the 34 deg.15[min] latitude parallel for 
approx. .9 mile until it intersects the 106 deg.52[min]30[min] longitude 
meridian on the Mesa Del Yeso, N. Mex. U.S.G.S. map;
    (26) It then goes south on the 106 deg.52[min]30[sec] longitude 
meridian for approx. 3.3 miles until it intersects the south section 
line of Sec. 19, T1S, R1E;
    (27) It then runs east for approx. 1.25 miles until it reaches the 
east section line (marked altitude 5,058 feet) of Sec. 20, T1S, R1E;
    (28) It travels south on the section line for approx. 7.1 miles, 
until it meets the Grant Boundary at altitude mark 4,734 feet at Sec. 
32/33, T2S, R1E on the Loma De Las Canas, N. Mex. U.S.G.S. map;
    (29) It proceeds east on the Grant Boundary for .25 mile until it 
arrives at the section line (Grant Boundary at Sec. 32/33, T2S, R1E;
    (30) The boundary moves south on the Grant Boundary for approx. 5.2 
miles until it meets the (Grant Boundary) section line near altitude 
spot 4,702 feet at Sec. 28/29, T3S, R1E;
    (31) The boundary goes west on the section line (Grant Boundary) for 
approx. .25 mile until it arrives at the section line at Sec. 28/29, 
T3S, R1E;
    (32) Then it moves south on the section line for approx. 5.7 miles 
until it meets an unimproved dirt road at

[[Page 194]]

Bosquecito, N.M. on the west section line of Sec. 9, T4S, R1E on the San 
Antonio, N. Mex. (15 minute series) U.S.G.S. map;
    (33) It heads south on the unimproved dirt road for approx. 2 miles 
until it changes to a light-duty road at Padilla Ranch in Sec. 21, T4S, 
R1E;
    (34) It follows the light-duty road for 2.25 miles until it 
intersects US-380/85, in Sec. 33, T4S, R1E;
    (35) Then it follows US-380/85, first west then it loops north for 
approx. 8 miles until it meets the 34 deg.00[min] latitude parallel;
    (36) The boundary moves west on the 34 deg.00[min] latitude parallel 
of the Socorro, N. Mex. U.S.G.S. map for approx. .75 mile until it meets 
the 4,800 foot elevation contour line in Sec. 35;
    (37) It meanders north on the 4,800 foot elevation contour line for 
approx. 9 miles until it meets the 34 deg.07[min]30[sec] latitude 
parallel;
    (38) It travels east for approx. .2 mile on the 
34 deg.07[min]30[sec] latitude parallel until it meets I-25 (US-60/85);
    (39) It goes north on I-25 (US-60/85) for approx 27.8 miles until it 
meets the Belen Highline Canal levee approx. 1.6 mile south of San 
Antonio Church on the Veguita, N. Mex. U.S.G.S. map;
    (40) Then the boundary follows the Belen Highline Canal north for 
approx. 9.4 miles until it intersects I-25, approx. .5 mile west of 
Bacaville, NM, on the Belen, N. Mex. U.S.G.S. map;
    (41) Then it travels north on I-25 for approx. 16 miles until it 
meets the 34 deg.52[min]30[sec] latitude parallel on the Isleta, N. Mex. 
U.S.G.S. map;
    (42) The boundary goes west on the 34 deg.52 30[sec] latitude 
parallel for approx. 1 mile until it arrives at the 106 deg.45[min] 
longitude meridian;
    (43) Then it moves north on the 106 deg.45[min] longitude meridian 
for approx. 16.5 miles until it reaches the 35 deg.07[min]30[sec] 
longitude meridian on the Albuquerque West, N. Mex. U.S.G.S. map;
    (44) At this point it heads east for approx. 1.2 miles along the 
35 deg.07[min] 30[sec] latitude parallel until it reaches the power 
transmission line towers at Sec. 3/4, T10N, R2E of the Los Griegos, N. 
Mex. U.S.G.S. map; and finally
    (45) From there it follows the power transmission line towers (and 
for 1 mile along a connecting unimproved road) north and northeast for a 
total of approx. 24.4 miles to the point of beginning at Sec. 34, T14N, 
R4E, of the Santa Ana Pueblo, N. Mex. U.S.G.S. map.

[T.D. ATF-266, 52 FR 2836, Feb. 2, 1988]



Sec. 9.120  Sierra Foothills.

    (a) Name. The name of the viticultural area described in this 
section is ``Sierra Foothills.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Sierra Foothills viticultural area are four U.S.G.S. 
topographical maps of the 1:250,000 scale:
    (1) ``Chico'' (NJ 10-3), edition of 1958, revised 1970.
    (2) ``Sacramento'' (NJ 10-6), edition of 1957 revised 1970.
    (3) ``San Jose'' (NJ 10-9), edition of 1962, revised 1969.
    (4) ``Mariposa'' (NJ 11-7), edition of 1957, revised 1970.
    (c) Boundary. The Sierra Foothills viticultural area is located in 
portions of the counties of Yuba, Nevada, Placer, El Dorado, Amador, 
Calaveras, Tuolumne and Mariposa, in the State of California. The 
boundary is as follows:
    (1) Beginning on the ``Chico'' map at the point of intersection of 
the north border of T(ownship) 18 N(orth), R(ange) 6 E(ast), with S. 
Honcut Creek the boundary proceeds approximately 3.5 miles, in a 
generally south and southwesterly direction, along the eastern bank of 
S. Honcut Creek to the point where S. Honcut Creek meets the western 
border of T. 18 N., R. 6 E.;
    (2) Then south, approximately 15 miles, along the western borders of 
T. 18 N., T. 17 N., and T. 16 N. in R. 6 E., to the point where the 
western border of T. 16 N., R. 6 E. meets the northernmost perimeter of 
Beale Air Force Base in the southwestern corner of T. 16 N., R. 6 E.;
    (3) Then east, south and west along the perimeter of Beale Air Force 
Base to the point where the perimeter of Beale Air Force Base intersects 
the western border of R. 7 E. in T. 14 N.;
    (4) Then south, approximately 24 miles, along the western borders of 
T. 14 N., T. 13 N., T. 12 N., and T. 11 N. in R. 7 E., to the 
southwestern corner of T. 11 N., R. 7 E. (see ``Sacramento'' map);

[[Page 195]]

    (5) Then east, approximately six miles, along the south border of T. 
11 N., R. 7 E., to the southeastern corner of T. 11 N., R. 7 E.;
    (6) Then in a south southeasterly direction, in a straight line, 
approximately three miles, to the northeasternmost corner of Sacramento 
County in T. 10 N., R. 8 E.;
    (7) Then continuing in a south southeasterly direction, in a 
straight line, along the Sacramento County--El Dorado County line, 
approximately 15 miles, to the point where the county line meets the 
Cosumnes River in the southwestern corner of T. 8 N., R. 9 E.;
    (8) Then south, in a straight line, approximately 14.1 miles, along 
the Sacramento County--Amador County line, to the point where the county 
line meets Dry Creek in the northwestern corner of T. 5 N., R. 9 E.;
    (9) Then in a south southeasterly direction, in a stright line, 
approximately 5.4 miles. along the San Joaquin County--Amador County 
line, to the point where the Mokelumne River forms the Amador County--
Calaveras County line in T. 4 N., R. 9 E.;
    (10) Then continuing in a south southeasterly direction, in a 
straight line, approximately 10.4 miles, along the San Joaquin County-
Calaveras County line, to the point where the power line meets the 
western border of T. 3 N., R. 10 E.;
    (11) Then in a southeasterly direction, in a straight line, 
approximately 22.4 miles, along the Calaveras County-Stanislaus County 
line to the point where the county line meets the Stanislaus River in T. 
1 S., R. 12 E. (see ``San Jose'' map);
    (12) Then in a southeasterly direction, in a straight line, 
approximately 20 miles, along the Tuolumne County-Stanislaus County line 
to the point where the county lines of Tuolumne, Mariposa, Stanislaus 
and Merced counties meet in the southeast corner of T. 3 S., R. 14 E.;
    (13) Then continuing along the Mariposa County-Merced County line in 
a generally southeasterly direction, approximately 37 miles, to the 
point where the county lines of Mariposa, Merced and Madera counties 
meet in the northwestern corner of T. 9 S, R. 18 E.;
    (14) Then northeasterly in a straight line, approximately 23 miles, 
along the Mariposa County-Merced County line to the point, approximately 
one mile west of Miami Mountain, where the Mariposa County-Merced County 
line meets the western border of the boundary of the Sierra National 
Forest in T. 6S, R. 20 E. (see ``Mariposa'' map);
    (15) Then in a generally northerly and westerly direction, along the 
western borders of the Sierra and Stanislaus National Forests in 
Mariposa County (see ``San Jose'' map);
    (16) Then in a generally northerly and westerly direction, along the 
western border of the Stanislaus National Forest in Tuolumne County (see 
``Sacramento'' map);
    (17) Then in a generally northerly and westerly direction, along the 
western border of the Stanislaus National Forest in Calaveras and Amador 
counties;
    (18) Then in a generally northerly and westerly direction, along the 
western border of the El Dorado National Forest in Amador, El Dorado and 
Placer counties (see ``Chico'' map);
    (19) Then in a generally northerly and westerly direction, along the 
western border of the Tahoe National Forest in Placer, Nevada and Yuba 
counties to the point south of Ruef Hill where the western border of the 
Tahoe National Forest intersects the northeast corner of T. 18 N., R. 6 
E.;
    (20) Then west, approximately five miles, along the north border of 
T. 18 N., R. 6 E., to the point of beginning.

[T.D. ATF-261, 52 FR 44105, Nov. 18, 1987]



Sec. 9.121  Warren Hills.

    (a) Name. The name of the viticultural area described in this 
section is ``Warren Hills.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Warren Hills viticultural area are thirteen U.S.G.S. 
maps of the 7.5 minute series. They are titled:
    (1) Riegelsville Quadrangle, Pennsylvania--New Jersey, 1956 
(photorevised 1968 and 1973).
    (2) Bloomsbury Quadrangle, New Jersey, 1955 (photorevised 1970).
    (3) High Bridge Quadrangle, New Jersey, 1954 (photorevised 1970).

[[Page 196]]

    (4) Washington Quadrangle, New Jersey, 1954 (photorevised 1971).
    (5) Hackettstown Quadrangle, New Jersey, 1953 (photorevised 1971, 
photoinspected 1976).
    (6) Tranquility Quadrangle, New Jersey, 1954 (photorevised 1971).
    (7) Newton West Quadrangle, New Jersey, 1954 (photorevised 1971).
    (8) Flatbrookville Quadrangle, New Jersey--Pennsylvania, 1954 
(photorevised 1971).
    (9) Blairstown Quadrangle, New Jersey--Warren Co., 1954 
(photorevised 1971).
    (10) Portland Quadrangle, Pennsylvania--New Jersey, 1955 
(photorevised 1984).
    (11) Belvidere Quadrangle, New Jersey--Pennsylvania, 1955 
(photorevised 1984).
    (12) Bangor Quadrangle, Pennsylvania--New Jersey, 1956 (photorevised 
1968 and 1973).
    (13) Easton Quadrangle, New Jersey--Pennsylvania, 1956 (photorevised 
1968 and 1973).
    (c) Boundary--(1) General. The Warren Hills viticultural area is 
located in Warren County, New Jersey. The beginning point of the 
following boundary description is the junction of the Delaware River and 
the Musconetcong River, at the southern tip of Warren County (on the 
Riegelsville map).
    (2) Boundary Description. (i) From the beginning point, the boundary 
goes northeastward along the Musconetcong River about 32 miles (on the 
Riegelsville, Bloomsbury, High Bridge, Washington, Hackettstown, and 
Tranquaility maps) to the point where it intersects the Warren County-
Sessex County line;
    (ii) Then northwestward along that county line for about 10 miles 
(on the Tranquility, Newton West, and Flatbrookville maps) to Paulins 
Kill;
    (iii) Then generally southwestward along Paulins Kill (on the 
Flatbrookville, Blairstown and Portland maps) to the Delaware River;
    (iv) Then generally south-southwestward along the Delaware River (on 
the Portland, Belvidere, Bangor, Easton, and Reigelsville maps) to the 
beginning point.

[T.D. ATF-276, 53 FR 29676, Aug. 8, 1988]



Sec. 9.122  Western Connecticut Highlands.

    (a) Name. The name of the viticultural area described in this 
section is ``Western Connecticut Highlands.''
    (b) Approved map. The approved map for determining the boundaries of 
the ``Western Connecticut Highlands'' viticultural area is 1 U.S.G.S. 
1:125,000 series map. It is titled State of Connecticut, Compiled in 
1965, Edition of 1966.
    (c) Boundary description. The boundaries of the proposed Western 
Connecticut Highlands viticultural area are as follows:
    (1) The beginning point is where Connecticut Route 15 
(Merritt Parkway) meets the Connecticut-New York State line near 
Glenville, CT, in the Town of Greenwich.
    (2) The boundary goes approximately 80 miles northerly along the 
Connecticut-New York State line to the northwest corner of Connecticut 
at the Town of Salisbury (Connecticut-New York-Massachusetts State 
line);
    (3) The boundary proceeds approximately 32 miles east along the 
Connecticut-Massachusetts State line to the northeast border of the Town 
of Hartland;
    (4) The boundary runs approximately 5 miles south along the eastern 
boundary of the Town of Hartland to the northeast corner of the Town of 
Barkhamstead (Litchfield-Hartford County line);
    (5) The boundary then goes south approximately 25 miles along the 
Litchfield-Hartford County line to the southeast corner of the Town of 
Plymouth (Litchfield-Hartford-New Haven County line);
    (6) The boundary then travels approximately 7 miles west along the 
Litchfield-New Haven County line to Connecticut Route 8 at 
Waterville in the Town of Waterbury;
    (7) The boundary proceeds approximately 25 miles south along 
Connecticut Route 8 to the intersection of Connecticut Route 15 
(Merritt Parkway) near Nichols in the Town of Trumbull;
    (8) The boundary travels approximately 32 miles west along 
Connecticut

[[Page 197]]

Route 15 (Merritt Parkway) to the beginning point.

[T.D. ATF-267, 53 FR 3747, Feb. 9, 1988]



Sec. 9.123  Mt. Veeder.

    (a) Name. The name of the viticultural area described in this 
section is ``Mt. Veeder.''
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the ``Mt. Veeder'' viticultural area are three U.S.G.S. 
Quadrangle (7.5 Minute Series) maps. They are titled:
    (1) Napa, California (1951 (Photorevised (1980))
    (2) Rutherford, California (1951 (Photorevised (1968))
    (3) Sonoma, California (1951 (Photorevised (1980))
    (c) Boundaries.
    (1) Beginning at unnamed peak, elevation 1,820, on the common 
boundary between Napa County and Sonoma County in section 23, Township 7 
North, Range 6 West, Mount Diablo Base and Meridian on the Rutherford, 
Calif. U.S.G.S. map;
    (2) Thence south along common boundary between Napa County and 
Sonoma County to unnamed peak, elevation 1,135 feet on the Sonoma, 
Calif. U.S.G.S. map;
    (3) Thence continuing south along the ridge line approximately \1/2\ 
mile to unnamed peak, elevation 948 feet;
    (4) Thence due east in a straight line approximately \2/10\ mile to 
the 400 foot contour;
    (5) Thence following the 400 foot contour line north around Carneros 
Valley and then to the west of Congress Valley and Browns Valley on the 
Napa, Calif. U.S.G.S. map;
    (6) Thence paralleling Redwood Road to its intersection with the 
line dividing Range 5 West and Range 4 West, east of the unnamed 837 
foot peak;
    (7) Thence north along the line dividing Range 5 West and Range 4 
West approximately \4/10\ mile to the 400 foot contour;
    (8) Thence briefly southeast, then northwest along the 400 foot 
contour to the point where that contour intersects the northern border 
of Section 10, Township 6 North, Range 5 West immediately adjacent to 
Dry Creek on the Rutherford Calif. U.S.G.S. map;
    (9) Thence northwesterly along Dry Creek through Sections 3 and 4 of 
Township 6 North, Range 5 West, and Sections 32 and 31 of Township 7 
North, Range 5 West, to the fork of Dry Creek near the center of Section 
25 of Township 7 North, Range 6 West;
    (10) Continuing along the northern fork of Dry Creek through 
Sections 25 and 24 of Township 7 North, Range 6 West, to the point at 
which the main channel of Dry Creek ends and divides into three 
tributaries;
    (11) Thence following the middle tributary of Dry Creek through 
Sections 24 and 23 of Township 7 North, Range 6 West, to its source at 
the intersection with a trail indicated on the map;
    (12) Thence following a straight line west approximately \1/10\ mile 
to the top of unnamed peak, elevation 1,820, the beginning point.

[T.D. ATF-295, 55 FR 5844, Feb. 20, 1990, as amended by T.D. ATF-351, 58 
FR 65126, Dec. 13, 1993]



Sec. 9.124  Wild Horse Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Wild Horse Valley.''
    (b) Approved Map. The appropriate map for determining the boundaries 
of the ``Wild Horse Valley'' viticultural area is one U.S.G.S. 
Quadrangle (7.5 Minute Series) map. It is titled Mt. George, California 
(1951), photorevised 1968.
    (c) Boundaries. The boundaries of the Wild Horse Valley viticultural 
area (in Napa and Solano Counties) are as follows:
    (1) The beginning point is on the section line boundary between 
Section 33, Range 3 West, Township 6 North and Section 4, Range 3 West, 
Township 5 North, Mount Diablo Range and Meridian, marked with an 
elevation of 1,731 feet, which is a northwest corner of the boundary 
between Napa and Solano Counties.
    (2) From the beginning point, the boundary runs in a north-
northeasterly direction approximately .9 mile to the summit of an 
unnamed hill having a marked elevation of 1,804 feet;
    (3) Then northeasterly approximately .7 mile to the summit of an 
unnamed hill having a marked elevation of 1,824 feet;

[[Page 198]]

    (4) Then south-southeasterly approximately .6 mile to the summit of 
an unnamed hill having a marked elevation of 1,866 feet;
    (5) Then south-southeasterly approximately .5 mile to the summit of 
an unnamed hill having a marked elevation of 2,062 feet;
    (6) Then southerly approximately .7 mile to the summit of an unnamed 
hill having a marked elevation of 2,137 feet;
    (7) Then south-southeasterly approximately .4 mile to the summit of 
an unnamed hill having a marked elevation of 1,894 feet;
    (8) Then southerly approximately 2.3 miles to the midpoint of the 
section line boundary between Sections 15 and 22, Township 5 North, 
Range 3 West, Mount Diablo Range and Meridian;
    (9) Then southwesterly approximately 1.3 miles to the summit of an 
unnamed hill having a marked elevation of 1,593 feet;
    (10) Then west-northwesterly approximately 1.2 miles to the summit 
of an unnamed hill, on the Napa/Solano County boundary, having a marked 
elevation of 1,686 feet;
    (11) Then north-northeasterly approximately 1.5 miles to the summit 
of an unnamed hill having a marked elevation of 1,351 feet;
    (12) Then north-northeasterly approximately 1.2 miles to the summit 
of an unnamed hill having a marked elevation of 1,480 feet; and
    (13) Then north-northwesterly approximately 1.0 miles to the point 
of beginning.

[T.D. ATF-278, 53 FR 48247, Nov. 30, 1988]



Sec. 9.125  Fredericksburg in the Texas Hill Country.

    (a) Name. The name of the viticultural area described in this 
section is ``Fredericksburg in the Texas Hill Country.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Fredericksburg in the Texas Hill Country viticultural 
area are six U.S.G.S. topographical maps of the 1:24,000 scale. They are 
titled:
    (1) Stonewall Quadrangle (1961);
    (2) Cain City Quadrangle (1963);
    (3) Fredericksburg East Quadrangle (1967, photorevised 1982);
    (4) Cave Creek School Quadrangle (1961);
    (5) Fredericksburg West Quadrangle (1967, photorevised 1982); and
    (6) Lady Bird Johnson Park Quadrangle (1964, photoinspected 1979).
    (c) Boundaries. The Fredericksburg in the Texas Hill Country 
viticultural area is located entirely in Gillespie County, Texas, in the 
central part of the State approximately 80 miles west of Austin. The 
beginning point is on the Stonewall Quadrangle map near Blumenthal at a 
point on U.S. Route 290 approximately .1 mile east of bench mark (BM) 
1504, at the junction of a light-duty road known locally as Jung Road.
    (1) From the beginning point, the boundary proceeds on Jung Road in 
a northwesterly direction across the Pedernales River.
    (2) Then northwesterly approximately 1 mile along Jung Road as it 
parallels the Pedernales River.
    (3) Then north along Jung Road approximately 3.9 miles to a point 
where Jung Road meets a medium-duty road known locally as Texas Ranch 
Road 2721.
    (4) Then westerly approximately .1 mile on Texas Ranch Road 2721 to 
a point where it meets a medium-duty road known locally as Texas Ranch 
Road 1631.
    (5) Then northeasterly along Texas Ranch Road 1631 approximately 1 
mile to a point where Texas Ranch Road 1631 crosses the 1,800 foot 
contour line.
    (6) Then northwesterly in a meandering manner along the 1,800-foot 
contour line to the point where the 1,800-foot contour line crosses 
State Route 16.
    (7) Then in a generally westerly direction along the 1,800-foot 
contour line to the point where the 1,800-foot contour line crosses 
State Route 965.
    (8) Then in a northwesterly and then generally a southeasterly 
direction along the 1,800-foot contour line to a point where the 1,800-
foot contour line goes just south of the Kordzik Hills approximately 1 
mile due east of the city of Fredericksburg.
    (9) Then continuing on the 1,800-foot contour line in a generally 
northwesterly, southerly, and again northwesterly direction to the point 
where the

[[Page 199]]

1,800-foot contour line crosses Loudon Road approximately 4 miles 
northwest of Fredericksburg.
    (10) Then continuing on the 1,800-foot contour line in a 
northwesterly, then generally a southeasterly, westerly and finally a 
southerly direction to a point where the 1,800-foot contour line crosses 
a light-duty road known locally as Hayden Ranch Road about 50 yards 
north of Texas Ranch Road 2093.
    (11) Then 50 yards south on Hayden Ranch Road to Texas Ranch Road 
2093 and then east on Texas Ranch Road 2093 approximately .15 mile to an 
unimproved, southbound, gravel and dirt county road known locally as 
Beverly Gold's Road.
    (12) Then approximately 2.6 miles south on Beverly Gold's Road to a 
point where it joins Texas State Route 16.
    (13) Then approximately 1.5 miles northeast on State Route 16 to a 
light-duty county road known locally as Bear Creek Road.
    (14) Then approximately 1 mile in a southeasterly, northeasterly, 
and then a southerly direction along Bear Creek Road to the point where 
the road crosses the 1,700-foot contour line.
    (15) Then in a generally easterly direction for approximately 10 
miles along the 1,700-foot contour line to a point where the 1,700-foot 
contour line crosses Texas Ranch Road 1376.
    (16) Then approximately 3.1 miles southeast along Texas Ranch Road 
1376 to a light-duty road at Luckenbach known locally both as Kunz-Klien 
Road and Luckenbach Road.
    (17) Then approximately 1.3 miles in a generally northeasterly and 
then an easterly direction along Luckenbach Road and continuing along 
Luckenbach Road in a northerly direction about 2.5 miles to the point 
where Luckenbach Road joins U.S. Route 290.
    (18) Then west approximately .2 mile on U.S. Route 290 to the 
intersection with Jung Road, the point of beginning.

[T.D. ATF-279, 53 FR 51541, Dec. 22, 1988]



Sec. 9.126  Santa Clara Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Santa Clara Valley.''
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the ``Santa Clara Valley'' viticultural area are 25 
U.S.G.S. Quadrangle (7.5 Minute Series) maps. They are titled:
    (1) Calaveras Reservoir, Calif., 1961 (photorevised 1980);
    (2) Castle Rock Ridge, Calif., 1955 (photorevised 1968), 
photoinspected 1973;
    (3) Chittenden, Calif., 1955 (photorevised 1980);
    (4) Cupertino, Calif., 1961 (photorevised 1980);
    (5) Gilroy, Calif., 1955 (photorevised 1981);
    (6) Gilroy Hot Springs, Calif., 1955 (photorevised 1971), 
photoinspected 1973;
    (7) Lick Observatory, Calif., 1955 (photorevised 1968), 
photoinspected 1973;
    (8) Loma Prieta, Calif., 1955 (photorevised 1968);
    (9) Los Gatos, Calif., 1953 (photorevised 1980);
    (10) Milpitas, Calif., 1961 (photorevised 1980);
    (11) Mindego Hill, Calif., 1961 (photorevised 1980);
    (12) Morgan Hill, Calif., 1955 (photorevised 1980);
    (13) Mt. Madonna, Calif., 1955 (photorevised 1980);
    (14) Mt. Sizer, Calif., 1955 (photorevised 1971), photoinspected 
1978;
    (15) Mountain View, Calif., 1961 (photorevised 1981);
    (16) Newark, Calif., 1959 (photorevised 1980);
    (17) Niles, Calif., 1961 (photorevised 1980);
    (18) Pacheco Peak, Calif., 1955 (photorevised 1971);
    (19) Palo Alto, Calif., 1961 (photorevised 1973);
    (20) San Felipe, Calif., 1955 (photorevised 1971);
    (21) San Jose East, Calif., 1961 (photorevised 1980);
    (22) San Jose West, Calif., 1961 (photorevised 1980);
    (23) Santa Teresa Hills, Calif., 1953 (photorevised 1980);
    (24) Three Sisters, Calif., 1954 (photorevised 1980);
    (25) Watsonville East, Calif., 1955 (photorevised 1980); and

[[Page 200]]

    (c) The boundaries of the proposed Santa Clara Valley viticultural 
area are as follows:
    (1) The beginning point is at the junction of Elephant Head Creek 
and Pacheco Creek (approx. .75 mile southwest of the Pacheco Ranger 
Station) on the Pacheco Peak, Calif. U.S.G.S. map.
    (2) From the beginning point the boundary moves in a northerly 
direction up Elephant Head Creek approx. 1.2 miles until it intersects 
the 600 foot elevation contour line;
    (3) Then it meanders in a northwesterly direction along the 600 foot 
contour line approx. 55 miles until it intersects Vargas Road in the 
northwest portion of Sec. 25, T4S/RlW on the Niles, Calif. U.S.G.S. map;
    (4) Then it travels in a northwesterly direction approx. .6 mile to 
the intersection of Morrison Canyon Road in the eastern portion of Sec. 
23, T4S/RlW;
    (5) Then it follows Morrison Canyon Road west approx. 1.5 miles to 
Mission Boulevard (Highway 238) at Sec. 22, T4S/RlW;
    (6) Then it moves northwest on Mission Boulevard (Highway 238) 
approx. .6 mile to the intersection of Mowry Avenue just past the 
Sanatorium at Sec. 22, T4S/RlW;
    (7) It then goes in a southwesterly direction on Mowry Avenue 
approx. 3.6 miles to the intersection of Nimitz Freeway (Highway 880) 
(depicted on the map as Route 17) at Sec. 5, T5S/RlW, on the Newark, 
Calif. U.S.G.S. map;
    (8) It then moves along the Nimitz Freeway (Highway 880) in a 
southeasterly direction for approx. 9 miles to the intersection of 
Calaveras Boulevard (Highway 237) at Milpitas on the Milpitas, Calif. 
U.S.G.S. map;
    (9) Then it follows Highway 237 in a westerly direction approx. 7.2 
miles to intersection of Bay Shore Freeway (Highway 101) at Moffett 
Field on the Mt. View, Calif. U.S.G.S. map;
    (10) Then in a northwest direction follow Bay Shore Freeway (Highway 
101) for approx. 6.5 miles to the intersection of the San Francisquito 
Creek (Santa Clara County/San Mateo County boundary) at Palo Alto T5S/
R2W, on the Palo Alto, Calif. U.S.G.S. map;
    (11) Then it heads west on San Francisquito Creek (Santa Clara 
County/San Mateo County boundary) approx. 7 miles until it converges 
with Los Trancos Creek (Santa Clara County/San Mateo County boundary) 
near Bench Mark 172, approx. 100 feet east of Alpine Road;
    (12) It travels south approx. 4 miles along Los Trancos Creek (Santa 
Clara County/San Mateo County boundary) until it intersects the 600 foot 
elevation contour line at El Corte De Madera, approx. .5 mile north of 
Trancos Woods on the Mindego Hill, Calif. U.S.G.S. map;
    (13) It moves along the 600 foot elevation contour line in a 
southeasterly direction approx. 10 miles to Regnart Road at Regnart 
Creek on the Cupertino, Calif. U.S.G.S. map;
    (14) It goes northeast along Regnart Road, approx. .7 mile to the 
400 foot elevation contour line (.3 mile southwest of Regnart School);
    (15) It travels along the 400 foot elevation contour line southeast 
approx. 1.4 miles to the north section line of Section 36, T7S/R2W at 
Blue Hills, CA;
    (16) The boundary goes east on the section line approx. .4 mile to 
Saratoga Sunnyvale Road (Highway 85);
    (17) It travels south on Saratoga Sunnyvale Road (Highway 85) 
approx. 1 mile to the south section line of Section 36, T7/8S R2W;
    (18) Then it goes west on the section line approx. .75 mile to the 
first intersection of the 600 foot elevation contour line;
    (19) It follows the 600 foot elevation contour line southeast 
approx. .75 mile to Pierce Road south of Calabazas Creek;
    (20) It then travels south on Pierce Road approx. .4 mile to the 
first intersection of the 800 foot elevation contour line;
    (21) Then it runs southeast approx. 28 miles on the 800 foot 
elevation contour line to the east section line of Sec. 25, T10S/R2E/R3E 
approx. .5 mile north of Little Arthur Creek on the Mt. Madonna, Calif. 
U.S.G.S. map;
    (22) Then it goes south on the section line approx. .5 mile to the 
800 foot elevation contour line approx. .2 mile south of Little Arthur 
Creek;
    (23) Then it goes southeast along the 800 foot elevation contour 
line approx. 2.7 miles to Hecker Pass Road (Highway 152) approx. 1.25 
miles east of

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Hecker Pass on the Watsonville East, Calif. U.S.G.S. map;
    (24) The boundary goes northeast on Hecker Pass Road (Highway 152) 
approx. .75 mile to the intersection of the 600 foot elevation contour 
line just west of Bodfish Creek;
    (25) It travels southeast along the 600 foot elevation contour line 
approx. 7.3 miles to the first intersection of the western section line 
of Sec. 30, T11S/R3E/R4E on the Chittenden, Calif. U.S.G.S. map;
    (26) Then it follows south along the section line approx. 1.9 miles 
to the south township line at Sec. 31, T11S/T12S, R3E/R4E;
    (27) It moves in an easterly direction along the township line 
approx. 12.4 miles to the intersection of T11S/T12S and R5E/R6E on the 
Three Sisters, Calif. U.S.G.S. map;
    (28) Then it goes north along R5E/R6E range line approx. 5.3 miles 
to Pacheco Creek on the Pacheco Creek, Calif. U.S.G.S. map;
    (29) Then it moves northeast along Pacheco Creek approx. .5 mile to 
Elephant Head Creek at the point of beginning.

[T.D. ATF-286, 54 FR 12606, Mar. 28, 1989]



Sec. 9.127  Cayuga Lake.

    (a) Name. The name of the viticultural area described in this 
section is ``Cayuga Lake.''
    (b) Approved maps. The appropriate map for determining the 
boundaries of the Cayuga Lake viticultural area is one U.S.G.S. map 
scaled 1:250,000, titled ``Elmira, New York; Pennsylvania,'' 1962 
(revised 1978).
    (c) Boundaries. The Cayuga Lake viticultural area is located within 
the counties of Seneca, Tompkins, and Cayuga, in the State of New York, 
within the Finger Lakes viticultural area. The boundaries are as 
follows:
    (1) Commencing at the intersection of State Route 90 with State 
Route 5 in Cayuga County, north of Cayuga Lake.
    (2) Then south along State Route 90 to a point approximately one 
mile past the intersection of State Route 90 with State Route 326.
    (3) Then south along the primary, all-weather, hard surface road, 
approximately \3/4\ mile, until it becomes State Route 90 again at Union 
Springs.
    (4) Then south/southeast along State Route 90 until it intersects 
the light-duty, all-weather, hard or improved surface road, 
approximately 1.5 miles west of King Ferry.
    (5) Then south along another light-duty, all-weather, hard or 
improved surface road, approximately 4 miles, until it intersects State 
Route 34B, just south of Lake Ridge.
    (6) Then follow State Route 34B in a generally southeast direction 
until it intersects State Route 34, at South Lansing.
    (7) Then south along State Route 34, until it meets State Route 13 
in Ithaca.
    (8) Then southwest along State Routes 34/13, approximately 1.5 
miles, until it intersects State Route 79, in Ithaca.
    (9) Then west along State Route 79, approximately \1/2\ mile, until 
it intersects State Route 96.
    (10) Then along State Route 96, in a generally northwest direction, 
until it intersects State Routes 414 and 96A in Ovid.
    (11) Then north along State Routes 96/414, until they divide, 
approximately 2.5 miles north of Ovid.
    (12) Then along State Route 414, in a generally northeast direction, 
until it meets U.S. Route 20 in the town of Seneca Falls.
    (13) Then along U.S. Route 20, in a northeast direction, until it 
intersects State Routes 318, 89, and 5.
    (14) Then along U.S. Route 20/State Route 5, in a northeast 
direction, to the beginning point, at the intersection with State Route 
90.

[T.D. ATF-269, 53 FR 9769, Mar. 25, 1988]



Sec. 9.129  Arroyo Grande Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Arroyo Grande Valley.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of Arroyo Grande Valley viticultural area are four U.S.G.S. 
topographical maps of the 1:24,000 scale:
    (1) ``Arroyo Grande, NE, California,'' edition of 1965, photorevised 
1978.
    (2) ``Tar Spring Ridge, California,'' edition of 1967.
    (3) ``Nipomo, California,'' edition of 1965.

[[Page 202]]

    (4) ``Oceano, California,'' edition of 1965, photorevised 1979.
    (c) Boundary: The Arroyo Grande Valley viticultural area is located 
in San Luis Obispo County in the State of California. The boundary is as 
follows:
    (1) Beginning on the ``Arroyo Grande'' map at the point of 
intersection of State Route 227 and Corbit Canyon Road in Arroyo Grande 
Township, the boundary proceeds approximately 0.1 mile, in a 
northwesterly direction, along the roadway of State Route 227 to the 
point where State Route 227 intersects with Printz Road in Poorman 
Canyon in the Santa Manuela land grant;
    (2) Then northwesterly, approximately 1.5 miles, along Printz Road 
to its intersection with Noyes Road in the Santa Manuela land grant;
    (3) Then northerly, approximately 1.5 miles, along Noyes Road to its 
intersection with State Route 227 (at vertical control station ``BM 
452'') in the Santa Manuela land grant;
    (4) Then in a northeasterly direction in a straight line 
approximately 1.4 miles to the intersection of Corbit Canyon Road with 
an unnamed, unimproved road at Verde in the Santa Manuela land grant;
    (5) Then approximately 1.9 miles in a generally northeasterly 
direction, along the meanders of said unimproved road to its easternmost 
point, prior to the road turning back in a northwesterly direction to 
its eventual intersection with Biddle Ranch Road;
    (6) Then in a northwesterly direction approximately 1.13 miles in a 
straight line to the summit of an unnamed peak identified as having an 
elevation of 626 feet in the Santa Manuela land grant;
    (7) Then easterly, approximately 0.46 mile in a straight line, to 
the summit of an unnamed peak identified as having an elevation of 635 
feet, in the Santa Manuela land grant;
    (8) Then east northeasterly, approximately 0.27 mile in a straight 
line, to the summit of an unnamed peak identified as having an elevation 
of 799 feet, in the Santa Manuela land grant;
    (9) Then easterly, approximately 0.78 mile in a straight line, to 
the summit of an unnamed peak identified as having an elevation of 952 
feet, in the Santa Manuela land grant;
    (10) Then easterly, approximately 0.7 mile in a straight line, to 
the summit of an unnamed peak identified as having an elevation of 1,188 
feet, in the southwest corner of section 29, T. 31 S., R. 14 E.;
    (11) Then east southeasterly, approximately 0.9 mile in a straight 
line, to the point at which Upper Arroyo Grande Road crosses the 
spillway of Lopez Dam in section 32, T. 31 S., R. 14 E. (see ``Tar 
Spring Ridge'' map);
    (12) Then, in a generally easterly direction, approximately 3.64 
miles along Upper Arroyo Grande Road (under construction) to the point 
where the broken red line for the proposed location of said road 
diverges in a northerly direction from the light duty roadbed of said 
road in the Arroyo Grande land grant (north of section 35, T. 31 S., R. 
14 E.);
    (13) Then, in a generally northerly direction, approximately 2.5 
miles, along the broken red line for the proposed location of Upper 
Arroyo Grande Road to its point of intersection with an unnamed 
unimproved road (this intersection being 1.2 miles northwest of Ranchita 
Ranch) in the Arroyo Grande land grant;
    (14) From the point of intersection of the proposed location of 
Upper Arroyo Grande Road and the unnamed unimproved road, the boundary 
proceeds in a straight line, east northeasterly, approximately 1.8 
miles, to the summit of an unnamed peak identified as having an 
elevation of 1,182 feet, in the northwest corner of section 19, T. 31 
S., R. 15 E.;
    (15) Then southeasterly, approximately 1.8 miles in a straight line, 
to the summit of an unnamed peak identified as having an elevation of 
1,022 feet, in the northeast corner of section 29, T. 31 S., R. 15 E.;
    (16) Then west southwesterly, approximately 0.84 mile in a straight 
line, to the summit of an unnamed peak identified as having an elevation 
of 1,310 feet, in the northeast corner of section 30, T. 31 S., R. 15 
E.;
    (17) Then south southeasterly, approximately 1.46 miles in a 
straight line, to the summit of an unnamed peak identified as having an 
elevation of 1,261 feet, in section 32, T. 31 S., R. 15 E.;

[[Page 203]]

    (18) Then southeasterly, approximately 0.7 mile in a straight line, 
to the summit of an unnamed peak identified as having an elevation of 
1,436 feet, in the northwest corner of section 4, T. 32 S., R. 15 E.;
    (19) Then southwesterly, approximately 1.07 miles in a straight 
line, to the summit of an unnamed peak identified as having an elevation 
of 1,308 feet, in the Huasna land grant;
    (20) Then west northwesterly, approximately 1.50 miles in a straight 
line, to the summit of an unnamed peak identified as having an elevation 
of 1,070 feet, along the east border of section 1, T. 32 S., R. 14 E.;
    (21) Then south southeasterly, approximately 1.38 miles in a 
straight line, to the summit of an unnamed peak identified as having an 
elevation of 1,251 feet, in the Hausna land grant;
    (22) Then southwesterly, approximately 0.95 mile in a straight line, 
to the summit of an unnamed peak identified as having an elevation of 
1,458 feet, in the Santa Manuela land grant;
    (23) Then southeasterly, approximately 0.8 mile in a straight line, 
to the summit of an unnamed peak identified as having an elevation of 
1,377 feet, in the Huasna land grant;
    (24) Then southwesterly, approximately 1.4 miles in a straight line, 
to the summit of an unnamed peak identified as having an elevation of 
1,593 feet, in the Santa Manuela land grant (See ``Nipomo'' map);
    (25) Then southwesterly, approximately 1.1 miles in a straight line, 
to the jeep trail immediately north of the summit of an unnamed peak 
identified as having an elevation of 1,549 feet, just north of section 
35, T. 32 S., R. 14 E.;
    (26) Then north northwesterly, approximately 2.73 miles along the 
jeep trail on Newsom Ridge to the point of intersection of said jeep 
trail and an unnamed unimproved road (immediately north of section 28, 
T. 32 S., R. 14 E.);
    (27) Then southerly, approximately 1.63 miles along said unimproved 
road to its intersection with Upper Los Berros No. 2 Road in section 33, 
T. 32 S., R. 14 E.;
    (28) Then southwesterly, approximately 3.27 miles along the stream 
in Los Berros Canyon (of which approximately 2.0 miles are along Upper 
Los Berros No. 2 Road) to the point at which U.S. Highway 101 crosses 
said stream in section 35, T. 12 N., R. 35 W. (See ``Oceano'' map);
    (29) Then across U.S. Highway 101 and continuing in a southwesterly 
direction approximately 0.1 mile to Los Berros Arroyo Grande Road;
    (30) Then following Los Berros Arroyo Grande Road in generally a 
northwesterly direction approximately 4 miles until it intersects with 
Valley Road;
    (31) Then following Valley Road in generally a northerly direction 
approximately 1.2 miles until it intersects with U.S. Highway 101;
    (32) Then in a northwesterly direction along U.S. Highway 101 
approximately .35 mile until it intersects with State Highway 227;
    (33) Then in a northeasterly and then a northerly direction along 
State Highway 227 approximately 1.4 miles to the point of beginning.

[T.D. ATF-291, 55 FR 287, Jan. 4, 1990]



Sec. 9.130  San Ysidro District.

    (a) Name. The name of the viticultural area described in this 
section is ``San Ysidro District.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the San Ysidro District viticultural area are four 
U.S.G.S. Quadrangle (7.5 minute series) maps. They are titled:
    (1) Gilroy, Calif., 1955 (photorevised 1981);
    (2) Chittenden, Calif., 1955 (photorevised 1980);
    (3) San Felipe, Calif., 1955 (photorevised 1971);
    (4) Gilroy Hot Springs, Calif., 1955 (photorevised 1971, 
photoinspected 1978.)
    (c) Boundary. The San Ysidro District viticultural area is located 
in Santa Clara County, California, within the Santa Clara Valley 
viticultural area. The boundary is as follows:
    (1) The beginning point is the intersection of California State 
Highway 152 and Ferguson Road with an un-named wash, or intermittent 
stream, on the Gilroy, Calif., U.S.G.S. map;
    (2) From the beginning point, the boundary follows the wash 
northeast as

[[Page 204]]

it runs co-incident with the old Grant boundary for approximately 3,800 
feet;
    (3) The boundary then follows the wash when it diverges from the old 
Grant boundary and continues approximately 2,300 feet in a northeasterly 
direction, crosses and recrosses Crews Road, then follows the wash 
southeast until the wash turns northeast in section 35, T.10S., R.4E., 
on the Gilroy Hot Springs, Calif., map;
    (4) The boundary then diverges from the wash, continuing in a 
straight line in a southeasterly direction, across an unimproved road, 
until it intersects with the 600 foot contour line.
    (5) The boundary then proceeds in a straight line at about the 600 
foot elevation in a southeasterly direction until it meets the minor 
northerly drainage of the San Ysidro Creek;
    (6) The boundary then follows the minor northerly drainage of San 
Ysidro Creek southeast for approximately 2,000 feet to the seasonal pond 
adjacent to Canada Road;
    (7) From the seasonal pond, the boundary follows the southerly 
drainage of San Ysidro Creek for about 1,300 feet until it reaches the 
southwest corner of section 36, T.10S., R.4E.;
    (8) The boundary then continues in a straight line in a southerly 
direction across Canada Road for approximately 900 feet until it 
intersects with the 600 foot contour line;
    (9) The boundary follows the 600 foot contour line for approximately 
6,000 feet in a generally southeasterly direction, diverges from the 
contour line and continues southeast another 1,200 feet until it meets 
an unimproved road near the north end of a seasonal pond on the San 
Felipe, Calif., U.S.G.S. map;
    (10) The boundary follows the unimproved road to Bench Mark 160 at 
Highway 152.
    (11) The boundary then follows Highway 152 in a northwesterly 
direction across the northeast corner of the Chittenden, Calif., 
U.S.G.S. map, and back to the beginning point at the junction of 
Ferguson Road and Highway 152.

[T.D. ATF-305, 55 FR 47749, Nov. 15, 1990]



Sec. 9.131  Mt. Harlan.

    (a) Name. The name of the viticultural area described in this 
section is ``Mt. Harlan.''
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the ``Mt. Harlan'' viticultural area are two U.S.G.S. 
Quadrangle (7.5 Minute Series) maps. They are titled:
    (1) Mt. Harlan, California (Photorevised (1984)).
    (2) Paicines, California (Photorevised (1984)).
    (c) Boundaries. (1) The point of beginning is the unnamed 
3,063[foot] peak on the county line between San Benito and Monterey 
Counties in Township 14 S., Range 5 E., Section 34 of the ``Mt. 
Harlan,'' California Quadrangle map.
    (2) From the point of beginning on the Mt. Harlan Quadrangle map 
proceed in a generally northwesterly direction along the county line 
through Sections 34 and 33, briefly into Section 28 and back through 
Section 33, and then through Sections 32, 29, and 30 all in Township 14 
S., Range 5 E., to the point at which the county line intersects the 
line between Sections 30 and 19 of said Township and Range.
    (3) Thence proceed in a straight line northeast approximately 750 
feet to the commencement of the westernmost stream leading into 
Pescadero Creek. The stream commences in the southwest corner of Section 
19 in Township 14 S., Range 5 E.
    (4) Thence following the stream in a northeasterly direction to its 
intersection with the 1,800-foot contour line near the center of Section 
19 in Township 14 S., Range 5 E.
    (5) Thence following the 1,800[foot] contour line in a southeasterly 
and then northeasterly direction through Sections 19, 20, 17, 16, 15, 
14, then through the area north of Section 14, then southerly through 
Section 13 on the Mt. Harlan Quadrangle map and continuing on the 
``Paicines,'' California Quadrangle map to the point at which the 1800-
foot contour line intersects the line between Sections 13 and 24 of 
Township 14 S., Range 5 E.
    (6) Thence along the 1,800[foot] contour line through Section 24, 
back up through Section 13, and then in a southerly direction through 
Sections

[[Page 205]]

18, 19, and 30 (all on the Paicines Quadrangle map), then westerly 
through Section 25 on the Paicines Quadrangle map and continuing on the 
Mt. Harlan Quadrangle map, and then through Section 26 to the point of 
intersection of said 1,800[foot] contour and Thompson Creek near the 
center of Section 26 in Township 14 S., Range 5 E., on the Mt. Harlan 
Quadrangle map.
    (7) Thence southwesterly along Thompson Creek to its commencement in 
the northwest corner of Section 34, Township 14 S., Range 5 E.
    (8) Thence in a straight line to the beginning point.

[T.D. ATF-304, 55 FR 47747, Nov. 15, 1990]



Sec. 9.132  Rogue Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Rouge Valley.''
    (b) Approved map. The appropriate map for determining the boundaries 
of the Rogue Valley viticultural area is one U.S.G.S. map titled 
``Medford,'' scale 1:250,000 (1955, revised 1976).
    (c) Boundaries. The Rogue Valey viticultural area is located 
entirely within Jackson and Josephine Counties in southwestern Oregon. 
The boundaries are as follows:
    (1) Beginning at the point of intersection of Interstate 5 and the 
Josephine County/Douglas County line approximately 20 miles north of 
Grants Pass, the boundary proceeds southerly and southwesterly along 
U.S. Interstate 5 to and including the town of Wolf Creek;
    (2) Then westerly and southerly out of the town of Wolf Creek along 
the Southern Pacific Railway Line to and including the town of Hugo;
    (3) Then southwesterly along the secondary, hard surface road known 
as Hugo Road to the point where the Hugo Road crosses Jumpoff Joe Creek;
    (4) Then westerly and down stream along Jumpoff Joe Creek to the 
intersection of Jumpoff Joe Creek and the Rogue River;
    (5) Then northwesterly and down stream along the Rogue River to the 
first point where the Wild and Scenic Rogue River designated area 
touches the easterly boundary of the Siskiyou National Forest just south 
of Galice;
    (6) Then in a generally southwesterly direction (with many 
diversions) along the easterly border of the Siskiyou National Forest to 
the 42 degree 0 minute latitude line;
    (7) Then easterly along the 42 degree 0 minute latitude line to the 
point where the Siskiyou National Forest again crosses into Oregon 
approximately 1 mile east of U.S. Highway 199;
    (8) Then in a generally northeasterly direction and then a 
southeasterly direction (with many diversions) along the northern 
boundary of the Siskiyou National Forest to the point where the Siskiyou 
National Forest touches the Rogue River National Forest at Big Sugarloaf 
Peak;
    (9) Then in a generally easterly direction (with many diversions) 
along the northern border of the Rogue River National Forest to the 
point where the Rogue River National Forest intersects with Slide Creek 
approximately 6 miles southeast of Ashland;
    (10) Then southeasterly and northeasterly along Slide Creek to the 
point where it intersects State Highway 273;
    (11) Then northwesterly along State Highway 273 to the point where 
it intersects State Highway 66;
    (12) Then in an easterly direction approximately 5 miles along State 
Highway 66 to the east line of Township 39 South, Range 2 East (T39S, 
R2E);
    (13) Then following the east line of T39S, R2E, in a northerly 
direction to the northeast corner of T39S, R2E;
    (14) Then westerly approximately 5 miles along the north line of 
T39S, R2E, to the 2,600 foot contour line;
    (15) Then in a northerly direction following the 2,600 foot contour 
line across Walker Creek and then in a southwesterly direction to the 
point where the 2,600 foot contour line touches the east line of T38S, 
R1E;
    (16) Then northerly along the east line of T38S, R1E, to the 
northeast corner of T38S, R1E;
    (17) Then westerly along the north line of T38S, R1E, to the 
northwest corner of T38S, R1E;
    (18) Then northerly along the west line of T37S, R1E, to the 
northwest corner of T37S, R1E.
    (19) Then easterly along the north lines of T37S, R1E, and T37S, 
R2E, to the southeast corner of T36S, R2E;

[[Page 206]]

    (20) Then northerly along the east line of T36S, R2E, to the 
northeast corner of T36S, R2E;
    (21) Then westerly along the north line of T36S, R2E, to the 
northwest corner of T36S, R2E;
    (22) Then northerly along the east line of T35S, R1E, to the 
northeast corner of T35S, R1E;
    (23) Then westerly along the north line of T35S, R1E, to the 
northwest corner of T35S, R1E;
    (24) Then northerly along the east line of T34S, R1W, to the 
northeast corner of T34S, R1W;
    (25) Then westerly along the north lines of T34S, R1E; T34S, R2W; 
T34S, R3W; T34S, R4W; and T34S, R5W, to the northwest corner of T34S, 
R5W;
    (26) Then northerly along the west line of T33S, R5W, to the 
Josephine County/Douglas County line;
    (27) Then westerly along the Josephine County/Douglas County line to 
U.S. Interstate 5, the point of beginning.

[T.D. ATF-310, 56 FR 2435, Jan. 23, 1991]



Sec. 9.133  Rutherford.

    (a) Name. The name of the viticultural area described in this 
section is ``Rutherford.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Rutherford viticultural area are two U.S.G.S. topographical maps 
of the 1:24,000 scale:
    (1) ``Yountville Quadrangle, California,'' edition of 1951, 
photorevised 1968.
    (2) ``Rutherford Quadrangle, California,'' edition of 1951, 
photorevised 1968, photoinspected 1973.
    (c) Boundary. The Rutherford viticultural area is located in Napa 
County in the State of California. The boundary is as follows:
    (1) Beginning on the Yountville quadrangle map at the point where 
the county road known as the Silverado Trail intersects Skellenger Lane, 
just outside the southwest corner of Section 12, Township 7 North (T.7 
N.), Range 5 West (R.5 W.), the boundary proceeds in a southwesterly 
direction in a straight line approximately 1.7 miles along Skellenger 
Lane, past its intersection with Conn Creek Road, to the point of 
intersection with the main channel of the Napa River (on the 
``Rutherford'' map);
    (2) Then south along the center of the river bed approximately .4 
miles to the point where an unnamed stream drains into the Napa River 
from the west;
    (3) Then along the unnamed stream in a generally northwesterly 
direction to its intersection with the west track of the Southern 
Pacific Railroad Track;
    (4) Then southeasterly along said railroad track 1,650 feet to a 
point which is approximately 435 feet north of the centerline of the 
entry road to Robert Mondavi Winery (shown on the map) to the southeast 
corner of Assessor's Parcel Number 27-250-14;
    (5) Thence southwesterly S 55 deg.06[min]28[sec] W for 3,869 feet 
along the common boundary between Assessor's Parcel Numbers 27-250-14 
and 27-280-50/51 to the southwest corner of Assessor's Parcel Number 27-
250-14;
    (6) Thence northwesterly N 40 deg.31[min]42[sec] W for 750 feet 
along the westerly property line of Assessor's Parcel Number 27-250-14;
    (7) Thence southwesterly S 51 deg.00[min] W in a straight line to 
the 500-foot contour line of the Mayacamas Range in the northwestern 
corner of Section 28, T.7 N., R.5 W.;
    (8) Then proceeding along the 500-foot contour line in a generally 
northwesterly direction in T.7 N., R.5 W. through Sections 21, 20, 17, 
18, 17, and 18 to the northwest portion of Section 7 where the 500-foot 
contour line intersects a southwestward straight line extension of the 
light-duty road known as Inglewood Avenue;
    (9) Thence in a straight line in a northeasterly direction along 
this extension of Inglewood Avenue to its intersection with the north 
fork of Bale Slough;
    (10) Thence in a southeasterly direction along the north fork of 
Bale Slough approximately 2,750 feet to its intersection with the end of 
the county road shown on the map as Zinfandel Avenue, known locally as 
Zinfandel Lane, near the 201-foot elevation marker;
    (11) Then in a northeasterly direction along Zinfandel Avenue 
(Zinfandel Lane) approximately 2.12 miles to the intersection of that 
road and Silverado

[[Page 207]]

Trail, then continuing northeasterly in a straight line to the 380-foot 
contour line;
    (12) Then following the 380-foot contour line southeasterly through 
Section 33 to the western border of Section 34, T.8 N., R.5 W., then 
following that section line north to the 500-foot contour line;
    (13) Then following the 500-foot contour line southeasterly to the 
western border of Section 2, T.7 N., R.5 W., then south along that 
section line past Conn Creek to its intersection with the 500-foot 
contour line northwest of the unnamed 832-foot peak;
    (14) Then continuing in a westerly direction and then a generally 
southeasterly direction along the 500-foot contour line through Sections 
3, 2, 11 and 12 to the intersection of that contour line with the 
southern border of Section 12 (on Yountville map);
    (15) Then proceeding in a straight line in a westerly direction to 
the intersection of the Silverado Trail with Skellenger Lane, the point 
of beginning.

[T.D. ATF-342, 58 FR 35876, July 2, 1993]



Sec. 9.134  Oakville.

    (a) Name. The name of the viticultural area described in this 
section is ``Oakville.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Oakville viticultural area are two U.S.G.S. 7.5 minute series 
topographical maps of the 1:24,000 scale:
    (1) ``Yountville Quadrangle, California,'' edition of 1951, 
photorevised 1968.
    (2) ``Rutherford Quadrangle, California,'' edition of 1951, 
photorevised 1968, photoinspected 1973.
    (c) Boundary. The Oakville viticultural area is located in Napa 
County in the State of California. The boundary is as follows:
    (1) Beginning on the Yountville quadrangle map at the point where 
the county road known as the Silverado Trail intersects Skellenger Lane, 
just outside the southwest corner of Section 12, Township 7 North (T.7 
N.), Range 5 West (R.5 W.), the boundary proceeds in a southwesterly 
direction in a straight line approximately 1.7 miles along Skellenger 
Lane, past its intersection with Conn Creek Road, to the point of 
intersection with the main channel of the Napa River (on the Rutherford 
quadrangle map);
    (2) Then south along the center of the river bed approximately .4 
miles to the point where an unnamed stream drains into the Napa River 
from the west;
    (3) Then along the unnamed stream in a generally northwesterly 
direction to its intersection with the west track of the Southern 
Pacific Railroad Track;
    (4) Then southeasterly along said railroad track 1,650 feet to a 
point which is approximately 435 feet north of the centerline of the 
entry road to Robert Mondavi Winery (shown on the map) to the southeast 
corner of Assessor's Parcel Number 27-250-14;
    (5) Thence southwesterly S 55 deg.06[min]28[sec] W for 3,869 feet 
along the common boundary between Assessor's Parcel Numbers 27-250-14 
and 27-280-50/51 to the southwest corner of Assessor's Parcel Number 27-
250-14;
    (6) Thence northwesterly N 40 deg.31[min]42[sec] W for 750 feet 
along the westerly property line of Assessor's Parcel Number 27-250-14;
    (7) Thence southwesterly S 51 deg.00[min] W in a straight line to 
the 500-foot contour line of the Mayacamas Range in the northwestern 
corner of Section 28, T.7 N., R.5 W.;
    (8) Then proceeding along the 500-foot contour line in a generally 
southeasterly direction through Sections 28, 29, 20, 29, 28, 29, 28, 33 
and 34 of T.7 N., R.5 W. and Section 3 of T.6 N., R.5 W. to its 
intersection with the unnamed stream known locally as Hopper Creek near 
the middle of Section 3;
    (9) Then along the unnamed stream (Hopper Creek) southeasterly and, 
at the fork in Section 3, northeasterly along the stream to the point 
where the stream intersects with the unnamed dirt road in the northwest 
corner of Section 2, T.6 N., R.5 W;
    (10) Then proceed in a straight line to the light duty road to the 
immediate northeast in Section 2, then along the light duty road in a 
northeasterly direction to the point at which the road turns 90 degrees 
to the left;
    (11) Then proceed along the light duty road 625 feet, then proceed 
northeasterly (N 40 deg.43[min] E) in a straight line

[[Page 208]]

1,350 feet, along the northern property line of Assessor's Parcel Number 
27-380-08 (not shown on the map), to State Highway 29, then continuing 
in a straight line approximately .1 mile to the peak of the 320+ foot 
hill along the western edge of the Yountville Hills;
    (12) Then proceed due east to the second 300-foot contour line, then 
follow that contour line around the Yountville Hills to the north to the 
point at which the 300-foot contour line exits the Rutherford quadrangle 
map for the second time;
    (13) Then proceed (on the Yountville quadrangle map) in a straight 
line in a northeasterly direction approximately N 34 deg.30[min] E 
approximately 1,000 feet to the 90 degree bend in the unimproved dirt 
road shown on the map, then along that road, which coincides with a 
fence line (not shown on the map) to the intersection of Conn Creek and 
Rector Creek;
    (14) Then along Rector Creek to the northeast past the Silverado 
Trail to the Rector Reservoir spillway entrance, then proceed due north 
along the spillway of Rector Reservoir, then east and northeast along 
the shoreline of Rector Reservoir to the point where the first unnamed 
stream enters the Reservoir;
    (15) Thence follow the unnamed stream north and northeast to where 
it intersects an unimproved dirt road at the 1006-foot benchmark;
    (16) Then proceed in a straight line approximately .6 mile due west 
to the intersection of an unnamed stream, then follow said stream 
downslope to the 500-foot contour line, and along that contour line 
northwesterly through sections 18 and 13 to the intersection of the 
contour line with the southern border of Section 12 in T.7 N, R.5 W.;
    (17) Then proceed in a straight line in a westerly direction to the 
intersection of Skellenger Lane with the Silverado Trail, the point of 
beginning.

[T.D. ATF-343, 58 FR 35884, July 2, 1993]



Sec. 9.135  Virginia's Eastern Shore.

    (a) Name. The name of the viticultural area described in this 
section is ``Virginia's Eastern Shore.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the ``Virginia's Eastern Shore'' viticultural area are 3 
U.S.G.S. Quadrangle (1:250,000 Series) maps. They are titled:
    (1) Eastville, VA.; N.C.; MD., 1946 (revised 1969).
    (2) Salisbury, MD.; DEL.; N.J.; VA., 1946 (revised 1969).
    (3) Richmond VA.; MD., 1973.
    (c) Boundary. The Virginia's Eastern Shore viticultural area is 
located in Accomack and Northampton counties, Virginia. The boundary is 
as follows:
    (1) The beginning point is the intersection of the Virginia/Maryland 
border and Chincoteague Bay, near Greenbackville on the Salisbury, MD., 
U.S.G.S. map;
    (2) From the beginning point, the boundary follows the coastline in 
a southwesterly direction. Where there are marshes indicated on the 
U.S.G.S. maps, the boundry is the inland side of these marshes;
    (3) When the boundary reaches the southernmost point of the 
peninsula, on the Eastville, VA., U.S.G.S. map, the boundary turns and 
proceeds in a northwesterly direction, again following the coastline 
around Cherrystone Inlet on the Richmond, VA., U.S.G.S. map;
    (4) The boundary continues to follow the coastline and the inland 
side of any marshes indicated on the U.S.G.S. maps in a northeasterly 
direction, until it reaches the Virginia/Maryland border on the 
Eastville, VA., U.S.G.S. map;
    (5) The boundary then follows the Virginia/Maryland border back to 
the beginning point at Chincoteague Bay on the Salisbury, MD., U.S.G.S. 
map.

[T.D. ATF-309, 56 FR 24, Jan. 2, 1991]



Sec. 9.136  Texas Hill Country.

    (a) Name. The name of the viticultural area described in this 
section is ``Texas Hill Country.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the ``Texas Hill Country'' viticultural area are 7 
U.S.G.S. (scale 1:250,000) maps. They are titled:
    (1) Brownwood, Texas, 1954 (revised 1974);
    (2) Sonora, Texas, 1954 (revised 1978);
    (3) Llano, Texas, 1954 (revised 1975);
    (4) Austin, Texas, 1954 (revised 1974);

[[Page 209]]

    (5) Del Rio, Texas, 1958 (revised 1969);
    (6) San Antonio, Texas, 1954 (revised 1980);
    (7) Seguin, Texas, 1953 (revised 1975).
    (c) Boundary. The Texas Hill Country viticultural area is located in 
portions of McCulloch, San Saba, Lampasas, Burnet, Travis, Williamson, 
Llano, Mason, Menard, Kimble, Gillespie, Blanco, Hays, Kendall, Kerr, 
Edwards, Real, Bandera, Bexar, Comal, Guadalupe, Medina, and Uvalde 
counties, in the State of Texas. The boundary is as follows:
    (1) The beginning point is the intersection of Interstate Highway 35 
and State highway 29 to the north of the city of Austin, on the Austin 
Texas, U.S.G.S. map;
    (2) From the beginning point, the boundary follows State highway 29 
in a west-northwesterly direction to the intersection with U.S. Highway 
183;
    (3) The boundary then follows U.S. Highway 183 in a northwesterly 
direction to the top of the Austin map and across the northeast corner 
of the Llano, Texas, U.S.G.S. map, to the intersecton with State Highway 
190 in Lometa, on the Brownwood, Texas, U.S.G.S. map;
    (4) The boundary then follows State Highway 190 in a southwesterly 
direction through San Saba and Brady on the Brownwood map to the 
intersection of U.S. Highway 83 at Menard, on the Llano, Texas, U.S.G.S. 
map;
    (5) The boundary follows U.S. highway 83 in a southerly direction to 
the town of Junction, where it meets U.S. Highway 377 (Llano map);
    (6) The boundary then follows U.S. Highway 377 southwest to the town 
of Rocksprings, on the Sonora, Texas, U.S.G.S. map, where it meets State 
Highway 55;
    (7) The boundary then follows State Highway 55 in a southeasterly 
direction across the southeast portion of the Del Rio, Texas, U.S.G.S. 
map, and continues to the town of Uvalde, on the San Antonio, Texas, 
U.S.G.S. map, where it meets U.S. Highway 83;
    (8) The boundary then follows U.S. Highway 83 south for 
approximately 2 miles, until it meets U.S. Highway 90;
    (9) The boundary then follows U.S. Highway 90 east across the San 
Antonio map to its intersection with Loop 410 in the city of San 
Antonio;
    (10) The boundary then follows Loop 410 to the west of San Antonio, 
until it meets Interstate Highway 35;
    (11) The boundary then follows Interstate Highway 35 in a 
northeasterly direction across the San Antonio map and then across the 
northwest corner of the Seguin, Texas, U.S.G.S. map until it reaches the 
beginning point at the intersection with State highway 29 on the Austin, 
Texas, U.S.G.S. map.

[T.D. ATF-318, 56 FR 60923, Nov. 29, 1991, as amended by T.D. ATF-344, 
58 FR 40354, July 28, 1993]



Sec. 9.137  Grand Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Grand Valley.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Grand Valley viticultural area are six U.S.G.S. (7.5 minute 
series) topographical maps of the 1:24,000 scale:
    (1) ``Palisade Quadrangle, Colorado,'' edition of 1962.
    (2) ``Clifton Quadrangle, Colorado,'' edition of 1962, photorevised 
1973.
    (3) ``Grand Junction Quadrangle, Colorado,'' edition of 1962, 
photorevised 1973.
    (4) ``Colorado National Monument Quadrangle, Colorado,'' edition of 
1962, photorevised 1973.
    (5) ``Fruita Quadrangle, Colorado,'' edition of 1962, photorevised 
1973.
    (6) ``Corcoran Point Quadrangle, Colorado,'' edition of 1962.
    (c) Boundary. The Grand Valley viticultural area is located entirely 
within Mesa County, Colorado, in the western part of the State. The 
boundary is as follows:
    (1) The beginning point is located on the Palisade quadrangle map at 
a point northeast of the city of Palisade where Interstate 70 crosses 
the Colorado River and intersects with U.S. Highways 6 and 24, adjacent 
to and immediately west of the Orchard Mesa Canal Aqueduct;
    (2) From the beginning point, the boundary proceeds due east to the 
adjacent Orchard Mesa Canal Aqueduct and then in a southerly direction 
along the Orchard Mesa Canal Aqueduct to an unnamed creek in the western 
part of

[[Page 210]]

section 11, Township 11 South, Range 98 West (T. 11 S., R. 98 W.);
    (3) Thence in a southeasterly direction along the unnamed creek to 
its intersection with the 5000-foot contour line in the northeast corner 
of section 1, T. 1 S., R. 2 E.;
    (4) Thence in a northwesterly and then a southerly direction along 
the 5000-foot contour line to its intersection with Watson Creek in 
section 12, T. 1 S., R. 2 E.;
    (5) Thence in a southeasterly direction along Watson Creek to its 
intersection with the electrical power lines in the southern part of 
section 12, T. 1 S., R. 2 E.;
    (6) Thence in a southwesterly direction along the electrical power 
lines along the northern slope of Horse Mountain to that point where the 
power lines intersect with the Jeep Trail in the central part of section 
15, T. 1 S., R. 2 E.;
    (7) Thence in a northwesterly direction along the Jeep Trail to its 
intersection with Orchard Mesa Canal No. 2 on the western border of 
section 10, T. 1 S., R. 2 E.;
    (8) Thence in a generally southwesterly direction along Orchard Mesa 
Canal No. 2 through the Clifton quadrangle map to the Canal's junction 
with the Gunnison River on the Grand Junction quadrangle map (western 
part of section 31, T. 1 S., R. 1 E.);
    (9) Thence in a generally northwesterly direction along the Gunnison 
River to its junction with the Colorado River in section 22, T. 1 S., R. 
1 W.;
    (10) Thence continuing in a northwesterly direction along the 
Colorado River to the bridge where County Road 340 crosses the river 
(Section 15, T. 1 S., R. 1 W.);
    (11) Thence in a southwesterly direction along County Road 340 
approximately .2 mile to its intersection with a secondary highway, hard 
surface road, known locally as Monument Road;
    (12) Thence in a southwesterly direction along Monument Road to the 
boundary of the Colorado National Monument, located on the Colorado 
National Monument quadrangle map (section 30, T. 1 S., R. 1 W.);
    (13) Thence in a generally northwesterly direction along the 
boundary of the Colorado National Monument to its intersection with 
County Road 340 (known locally as Broadway) on the northern border of 
section 32, T. 1 N., R. 2 W.;
    (14) Thence in a generally northerly direction along County Road 340 
to the city of Fruita where County Road 340 (known locally as Cherry 
Street) intersects K Road on the Fruita quadrangle map;
    (15) Thence due east on K Road to the northeast corner of section 
17, T. 1 N., R. 1 W., on the Corcoran Point quadrangle map, then 
extending in the same direction in a straight line along the northern 
boundary of section 16, T. 1 N., R. 1 W. to the intersection with the 
Government Highline Canal;
    (16) Thence in a southeasterly direction along the Government 
Highline Canal to its intersection with U.S. Interstate 70 on the Grand 
Junction quadrangle map;
    (17) Thence in an easterly direction along U.S. Interstate 70 
through the Clifton quadrangle map to where Interstate 70 crosses the 
Colorado River and intersects with U.S. Highways 6 and 24 on the 
Palisade quadrangle map, the point of beginning.

[T.D. ATF-317, 56 FR 59216, Nov. 25, 1991]



Sec. 9.138  Benmore Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Benmore Valley.''
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Benmore Valley viticultural area are two U.S.G.S. 
maps. They are entitled:
    (1) ``Hopland, CA,'' 7.5 Minute Series, edition of 1960, 
(photoinspected 1975); and
    (2) ``Purdys Gardens, CA,'' 7.5 Minute Series, edition of 1958, 
(photoinspected 1975).
    (c) Boundaries. The Benmore Valley viticultural area is located in 
the southwest corner of Lake County, California. It lies entirely within 
the North Coast viticultural area. The beginning point is an unnamed 
peak of 2788 feet elevation found in the southeast portion of section 
35, T. 14 N., R. 11 W., on the ``Purdys Gardens, CA'' U.S.G.S. map:

[[Page 211]]

    (1) Then southwest in a straight line to the point where an unnamed 
unimproved road crosses the south section line of section 35, T. 14 N., 
R. 11 W., west of Benmore Creek;
    (2) Then following the unnamed unimproved road south to the 
intersection with the boundary between Lake and Mendocino Counties;
    (3) Then following the county boundary between Lake and Mendocino 
Counties east and south to the intersection with the 2800 foot contour 
line;
    (4) Then following the 2800 foot contour line in a northerly and 
then southernly direction to its intersection with the boundary between 
Lake and Mendocino Counties on the southern edge of section 2, T. 13 N., 
R. 11 W;
    (5) Then following the boundary between Lake and Mendocino Counties 
east to the point of intersection of sections 1, 2, 11, and 12, T. 13 
N., R. 11 W;
    (6) Then southeasterly in a straight line to an unnamed peak of 2769 
feet elevation in the center of section 12, T. 13 N., R. 11 W;
    (7) Then south in a straight line to the point where the boundary 
between Lake and Mendocino Counties changes from an east-west direction 
to a north-south direction;
    (8) Then in a straight line in an easterly direction to an unnamed 
peak of 2883 feet elevation in the southwestern portion of section 5, T. 
13 N., R. 10 W;
    (9) Then northeast in a straight line to the easternmost peak of an 
unnamed ridge with four peaks in the center of section 5, T. 13 N., R. 
10 W;
    (10) Then northerly in a straight line to an unnamed peak of 2647 
feet elevation near the north section line of section 5, T. 13 N., R. 10 
W;
    (11) Then westerly in a straight line to the point of intersection 
between section 5, T. 13 N., R 10 W., section 31, T. 14 N., R. 10 W., 
and section 1, T. 13 N., R. 11 W;
    (12) Then northwest in a straight line to an unnamed peak of 2904 
feet elevation in the north portion of section 1, T. 13 N., R. 11 W;
    (13) Then northwest in a straight line to an unnamed peak of 2788 
feet elevation, the point of beginning.

[T.D. ATF-315, 56 FR 52191, Oct. 18, 1991]



Sec. 9.139  Santa Lucia Highlands.

    (a) Name. The name of the viticultural area described in this 
section is ``Santa Lucia Highlands.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the ``Santa Lucia Highlands'' viticultural area are 7 
U.S.G.S. Quadrangle 7.5 minute series topographic maps. They are titled:
    (1) Chualar, Calif., 1947 (photorevised 1984)
    (2) Gonzales, Calif., 1955 (photorevised 1984)
    (3) Rana Creek, Calif., 1956 (photoinspected 1973)
    (4) Palo Escrito Peak, Calif., 1956 (photorevised 1984)
    (5) Soledad, Calif., 1955 (photorevised 1984)
    (6) Sycamore Flat, Calif., 1956 (photorevised 1984)
    (7) Paraiso Springs, Calif., 1956 (photorevised 1984)
    (c) Boundaries. The Santa Lucia Highlands viticultural area is 
located in Monterey County, California. The beginning point is found on 
the ``Chualar, California'' U.S.G.S. map, where Limekiln Creek crosses 
the 360 foot contour interval. This point also coincides with the 
western boundary of the Guadalupe Y Llanitos de los Correos Land Grant 
and the eastern boundary of section 28, T. 16S., R. 4E. The boundary is 
as follows:
    (1) From the beginning point the boundary follows Limekiln Creek for 
approximately 1.25 miles northeast to the 100 foot elevation.
    (2) Then following the 100 foot contour in a southeasterly direction 
for approximately 1 mile, where the boundary intersects the west bank of 
the Salinas River.
    (3) Then following the west bank of the Salinas River in a 
southeasterly direction on the Gonzales, California U.S.G.S. map for 
approximately 2.50 miles to the point on the Palo Escrito Peak, 
California U.S.G.S. map where the river channel crosses the 120 foot 
elevation.
    (4) Then following the 120 foot elevation due south for 
approximately 2,200 feet where it climbs to the 160 foot elevation.
    (5) Then following the 160 foot elevation in a southeasterly 
direction for

[[Page 212]]

approximately 6.50 miles, to the point where the 160 foot elevation 
crosses River Road.
    (6) Then following River Road in a southeasterly direction for 
approximately 1 mile to the junction of River, Fort Romie and Foothill 
Roads.
    (7) Then following Foothill Road in a southeasterly direction for 
approximately 4 miles to the junction of Foothill and Paraiso Roads on 
the Soledad, California U.S.G.S. map.
    (8) Then following Paraiso Road in a southerly direction to the 
intersection with Clark Road on the Paraiso Springs, California U.S.G.S. 
map.
    (9) Then south for approximately 1.8 miles to the southeast corner 
of section 32, T. 18S., R. 6E.
    (10) Then due west along the southern boundaries of sections 32 and 
31, to the southwest corner of section 31, T. 18S., R. 6E.
    (11) Then north along the western boundaries of sections 31 and 30, 
to the northwestern corner of section 30 T. 18S., R. 6E.
    (12) Then northwest in a straight diagonal line to the northwest 
corner of section 24, T. 18S., R. 5E on the Sycamore Flat, California 
U.S.G.S. map.
    (13) Then north along the western boundary of section 13, T. 18S., 
R. 5E., to the northwestern corner of section 13, T. 18S., R. 5E.
    (14) Then northwest in a diagonal line across sections 11 and 3, to 
the northwest corner of section 3, T. 18S., R. 5E on the Palo Escrito 
Peak, California U.S.G.S. map.
    (15) Then due west along the southern boundary of section 33, T. 
17S., R. 5E., to the southwestern corner of section 33, T. 17S., R. 5E.
    (16) Then north along the western boundary of section 33 to the 
southeast corner of section 29, T. 17S., R. 5E.
    (17) Then northwest in a diagonal line through sections 29, 19, 13, 
and 11, to the northwest corner of section 11, T. 17S., R. 4E on the 
Rana Creek, California U.S.G.S. map.
    (18) Then north along the western boundary of section 2, T. 17S., R. 
4E., to the northwestern corner of section 2, T. 17S., R. 4E.
    (19) Then west along the southern boundary of section 34, T. 16S., 
R. 4E., to the southwestern corner of section 34, T. 16S., R. 4E.
    (20) Then north along the eastern boundary of sections 33 and 28, T. 
16S., R. 4E., for approximately 1 mile, to the point where the eastern 
boundary of section 28 T. 165., R. 4E., coincides with the western 
boundary of the Guadalupe Y Llanitos de los Correos Land Grant on the 
Chualar, California U.S.G.S. map.
    (21) Then northwest along the grant line for approximately 2,500 
feet to the point of beginning on Limekiln Creek.

[T.D. ATF-321, 57 FR 20764, May 15, 1992]



Sec. 9.140  Atlas Peak.

    (a) Name. The name of the viticultural area described in this 
section is ``Atlas Peak.''
    (b) Approved maps. The appropriate maps of determining the 
boundaries of the Atlas Peak viticultural area are two U.S.G.S. maps. 
They are entitled:
    (1) ``Yountville, Calif.,'' 7.5 minute series, edition of 1951, 
(photorevised 1968); and
    (2) ``Capell Valley, Calif.,'' 7.5 minute series, edition of 1951, 
(photorevised 1968).
    (c) Boundaries. The Atlas Peak viticultural area is located in Napa 
County, California. It lies entirely within the Napa Valley viticultural 
area. The beginning point is Haystack (peak) found in section 21, T. 7 
N., R. 4 W. on the ``Yountville'' U.S.G.S. map;
    (1) From the beginning point, the boundary proceeds south in a 
straight line approximately 0.5 miles, to the highest point of an 
unnamed peak of 1443 feet elevation on the boundary of sections 21 and 
28, T. 7 N., R. 4 W.;
    (2) Then southeast in a straight line approximately one mile to an 
unnamed pass with an elevation of 1485 feet, located on Soda Canyon 
Road;
    (3) Then easterly in a straight line approximately 0.5 miles to an 
unnamed peak of 2135 feet elevation;
    (4) Then in a generally southeasterly direction, as a series of five 
straight lines connecting the highest points of unnamed peaks with 
elevations of 1778, 2102, 1942, 1871 and 1840 feet, ending in the center 
of section 2, T. 6 N., R. 4 W.;
    (5) Then southeast in a straight line approximately 1.8 miles to the 
highest point of an unnamed peak of 1268 feet

[[Page 213]]

elevation in section 12, T. 6 N., R. 4 W. on the Capell Valley U.S.G.S. 
map;
    (6) Then east-southeast in a straight line approximately 1.1 miles 
to the point where an unnamed tributary stream enters Milliken Creek, 
immediately south of the Milliken Reservoir in section 7, T. 6 N., R. 3 
W.;
    (7) Then following the unnamed stream east-northeast approximately 
0.5 miles to its source;
    (8) Then northeast in a straight line approximately 0.5 miles, 
through the highest point of an unnamed peak of 1846 feet elevation, to 
the 1600 foot contour line in the eastern portion of section 8, T. 6 N., 
R. 3 W.;
    (9) Then following the 1600 foot contour line generally north and 
west for approximately 10 miles, to the point of intersection with the 
boundary line between sections 12 and 13, T. 7 N., R. 4 W. on the 
Yountville U.S.G.S. map;
    (10) Then following the section boundary line west approximately 1.1 
miles to the intersection with an unnamed, unimproved road;
    (11) Then northwest in a straight line approximately 0.7 miles to 
the highest point of an unnamed peak of 2114 feet elevation, located in 
section 10, T. N., R. 4 W.;
    (12) Then northwest in a straight line approximately 0.7 miles to 
the highest point of an unnamed peak of 2023 feet elevation, located in 
section 10, T. N., R. 4 W.;
    (13) Then southwest in a straight line approximately 2.2 miles to 
Haystack (peak), the point of beginning.

[T.D. ATF-320, 57 FR 2681, Jan. 22, 1992]



Sec. 9.141  Escondido Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Escondido Valley.''
    (b) Approved map. The appropriate map for determining the boundaries 
of the ``Escondido Valley'' viticultural area is 1 U.S.G.S. (scale 
1:250,000) map. It is titled Fort Stockton, Texas, 1954 (revised 1973).
    (c) Boundary. The Escondido Valley viticultural area is located in 
Pecos County, Texas. The boundary is as follows:
    (1) The beginning point is the intersection of Interstate Route 10 
(I-10) and an intermittent stream approximately 18 miles east of the 
city of Fort Stockton (standard reference GE3317 on the Fort Stockton, 
Texas, U.S.G.S. map);
    (2) From the beginning point, the boundary follows I-10 in an 
easterly direction approximately 9 miles until a southbound trail 
diverges from I-10 just past the point where it intersects horizontal 
grid line 2 of square GE on the Fort Stockton, Texas, U.S.G.S. map;
    (3) The boundary then follows the trail in a generally southeasterly 
direction about 5 miles until it intersects the 3000 foot contour line;
    (4) The boundary follows the 3000 foot contour line in a generally 
westerly direction approximately 17 miles;
    (5) The boundary continues to follow the 3000 foot contour line as 
it turns sharply northwest, but diverges from the contour line when the 
contour line turns south again;
    (6) From the point where it diverges from the contour line, the 
boundary follows a straight north-northwesterly line as it returns to 
the beginning point at I-10.

[ATF-322, 57 FR 20761, May 15, 1992]



Sec. 9.143  Spring Mountain District.

    (a) Name. The name of the viticultural area described in this 
section is ``Spring Mountain District.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Spring Mountain District viticultural area are four U.S.G.S. 7.5 
minute series topographical maps of the 1:24000 scale. They are titled:
    (1) ``Kenwood, Calif.,'' 1954 (photorevised 1980).
    (2) ``Rutherford, Calif.,'' 1951 (photorevised 1968).
    (3) ``St. Helena, Calif.,'' 1960 (photorevised 1980).
    (4) ``Calistoga, Calif.,'' 1958 (photorevised 1980).
    (c) Boundary. The Spring Mountain District viticultural area is 
located in Napa County, California, within the Napa Valley viticultural 
area. The boundary is as follows:
    (1) Beginning on the Calistoga quadrangle map at the Napa-Sonoma 
county line at the boundary line between sections 18 and 19 in T8N/R6W.

[[Page 214]]

    (2) Then east along the boundary line between sections 18 and 19 for 
approximately 3/4 of a mile to its intersection with Ritchie Creek at 
the boundary line between sections 17 and 20.
    (3) Then northeast along Ritchie Creek approximately 2 miles, to the 
400 foot contour line in the northeast corner in section 16 of T8N/R6W.
    (4) Then along the 400 foot contour line in a northeast then 
generally southeast direction, through the St. Helena and Rutherford 
quadrangle maps, approximately 9 miles, past the town of St. Helena to 
the point where it intersects Sulphur Creek in Sulphur Canyon, in the 
northwest corner of section 2 in T7N/R6W.
    (5) Then west along Sulfur Creek (onto the Kenwood quadrangle map) 
and south to the point where it first divides into two intermittent 
streams in section 3 in T7N/R6W.
    (6) Then south along the intermittent stream approximately 1.5 miles 
to the point where it intersects the 2,360 foot contour line in section 
10 in T7N/R6W.
    (7) Then southwest in a straight line, approximately .10 mile, to 
the unnamed peak (elevation 2600 feet) at the boundary line between Napa 
and Sonoma Counties.
    (8) Then in a generally northwest direction along the Napa-Sonoma 
county line, through sections 10, 9, 4, 5, 32, 33, 32, 29, 20, and 19, 
to the beginning point on the Calistoga quadrangle map at the boundary 
between sections 18 and 19 in T8N/R6W.

[T.D. ATF-341, 58 FR 28350, May 13, 1993]



Sec. 9.144  Texas High Plains.

    (a) Name. The name of the viticultural area described in this 
section is ``Texas High Plains.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Texas High Plains viticultural area are six U.S.G.S. 
topographical maps of the 1:250,000 scale. They are titled:
    (1) ``Clovis, New Mexico; Texas'' 1954, revised 1973.
    (2) ``Brownfield, Texas; New Mexico'' 1954, revised 1973.
    (3) ``Hobbs, New Mexico; Texas'' 1954, revised 1973.
    (4) ``Plainview, Texas'' 1954, revised 1974.
    (5) ``Lubbock, Texas'' 1954, revised 1975.
    (6) ``Big Spring, Texas'' 1954, revised 1975.
    (c) Boundary. The Texas High Plains viticultural area is located in 
Armstrong, Bailey, Borden, Briscoe, Castro, Cochran, Crosby, Dawson, 
Deaf Smith, Dickens, Floyd, Gaines, Garza, Hale, Hockley, Lamb, Lubbock, 
Lynn, Motley, Parmer, Randall, Swisher, Terry and Yoakum Counties, 
Texas. The boundary is as follows:
    (1) Beginning on the Hobbs, New Mexico; Texas, map at the 
intersection of the Texas-New Mexico border and U.S. Route 180 east of 
Hobbs, New Mexico;
    (2) The boundary follows U.S. Route 180 east through Seminole, Texas 
and onto the Big Spring, Texas, U.S.G.S. map where it intersects with 
the 3,000 foot contour line in the town of Lamesa, Texas;
    (3) The boundary then follows the 3,000 foot contour line in a 
generally northeasterly direction across the U.S.G.S. maps of Big Spring 
and Lubbock, Texas;
    (4) The boundary continues along the 3,000 foot contour line onto 
the map of Plainview, Texas, where it follows a generally northwesterly 
direction until it intersects with State Highway 217 approximately 12 
miles east of Canyon, Texas;
    (5) The boundary then follows State Highway 217 west to Canyon, 
Texas, leaves State Highway 217 and proceeds in a straight line in a 
northwesterly direction until it intersects with U.S. Route 60, still 
within Canyon, Texas;
    (6) The boundary then follows U.S. Route 60 in a southwesterly 
direction onto the U.S.G.S. map of Clovis, New Mexico; Texas, where it 
intersects the Texas-New Mexico border;
    (7) The boundary then follows the Texas-New Mexico border south, 
across the U.S.G.S. map of Brownfield, Texas; New Mexico, to the 
beginning point on the Hobbs, New Mexico; Texas, U.S.G.S. map.

[T.D. ATF-336, 58 FR 11967, Mar. 2, 1993]



Sec. 9.145  Dunnigan Hills.

    (a) Name. The name of the viticultural area described in this 
section is ``Dunnigan Hills.''

[[Page 215]]

    (b) Approved maps. The appropriate maps for determining the boundary 
of the Dunnigan Hills viticultural area are three U.S.G.S. 15 minute 
series topographical maps of the 1:62500 scale. They are titled:
    (1) ``Guinda, Calif.,'' 1959.
    (2) ``Dunnigan, Calif.,'' 1953.
    (3) ``Woodland, Calif.,'' 1953.
    (c) Boundary. The Dunnigan Hills viticultural area is located in 
Yolo County, California. The boundary is as follows:
    (1) The beginning point is on the Dunnigan, Calif., U.S.G.S. map at 
the intersection of Buckeye Creek and U.S. Route 99W just south of the 
Colusa-Yolo county line;
    (2) From the beginning point, the boundary follows Route 99W in a 
southeasterly direction until an unnamed westbound light-duty road 
coincident with a grant boundary (referred to by the petitioner as 
County Road 17) diverges from Route 99W just north of the town of Yolo, 
California, on the Woodland, Calif., U.S.G.S. map;
    (3) The boundary then follows the County Road 17 for approximately 2 
miles to an unnamed southbound light duty road (referred to by the 
petitioner as County Road 95A);
    (4) The boundary then follows County Road 95A south for 
approximately 1/2 mile to an unnamed westbound light duty road (referred 
to by the petitioner as County Road 17A);
    (5) The boundary then proceeds west along County Road 17A for 
approximately 3/8 mile to an unnamed southbound light duty road 
(referred to by the petitioner as County Road 95);
    (6) The boundary then proceeds south along County Road 95 for 
approximately 1 mile to an unnamed light duty road which goes in a 
southwesterly direction (referred to by the petitioner as County Road 
19);
    (7) The boundary then proceeds southwest along County Road 19 for 
approximately 1/4 mile to an unnamed light duty road which travels 
south-southwest (referred to by the petitioner as County Road 94B);
    (8) The boundary then proceeds southwest along County Road 94B 
approximately 1\1/4\ mile until it intersects Cache Creek;
    (9) The boundary then follows Cache Creek in a westerly direction 
5.5 miles until it intersects an unnamed north-south light duty road 
approximately 1 mile north of the city of Madison, California (referred 
to by the petitioner as County Road 89);
    (10) The boundary then follows County Road 89 two miles in a 
northerly direction back on to the Dunnigan, Calif., U.S.G.S. map where 
it intersects an unnamed light duty road (referred to by the petitioner 
as County Road 16);
    (11) The boundary follows County Road 16 west for approximately 2 
miles onto the Guinda, Calif., U.S.G.S. map, where it turns north onto 
an unnamed light-duty road between sections 31 and 32 of T10N/R1W 
(referred to by the petitioner as County Road 87);
    (12) The boundary follows County Road 87 north for 2 miles to an 
unnamed east-west light duty road (referred to by the petitioner as 
County Road 14);
    (13) The boundary follows County Road 14 west for 3 miles, and then 
leaves the unnamed road and turns north on the dividing line between 
sections 22 and 23 of T11N/R2W.
    (14) The boundary continues due north until it intersects Little 
Buckeye Creek just south of the Yolo-Colusa county line;
    (15) The boundary then follows Little Buckeye Creek in an easterly 
direction until it joins Buckeye Creek;
    (16) The boundary then follows Buckeye Creek in an easterly 
direction back to the point of beginning on the Dunnigan, Calif., 
U.S.G.S. map.

[T.D. ATF-340, 58 FR 28352, May 13, 1993]



Sec. 9.146  Lake Wisconsin.

    (a) Name. The name of the viticultural area described in this 
section is ``Lake Wisconsin.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the ``Lake Wisconsin'' viticultural area are two U.S.G.S. 7.5 minute 
series topographical maps of the 1:24,000 scale. They are titled:
    (1) Sauk City, Wis., 1975; and
    (2) Lodi, Wis., 1975.

[[Page 216]]

    (c) Boundary. The Lake Wisconsin viticultural area is located in 
Columbia and Dane Counties, Wisconsin. The boundary is as follows:
    (1) The point of beginning is on the ``Lodi, Wisc.'' U.S.G.S. map in 
the northeast quarter-section of section 17, Lodi Township, Columbia 
County, where Spring Creek enters Lake Wisconsin;
    (2) From the point of beginning, follow the southern shoreline of 
Lake Wisconsin northwest to where Lake Wisconsin narrows and becomes the 
Wisconsin River on the map, in the vicinity of the town of Merrimac, 
Sauk County;
    (3) Then continue along the southern shoreline of the Wisconsin 
River, west and south past Goose Egg Hill, Columbia County, on the 
``Sauk City, Wisc.'' quadrangle map, and then west to a southwest bend 
in the shoreline opposite Wiegands Bay, Sauk County, where the Wisconsin 
River becomes Lake Wisconsin again on the map;
    (4) Then southwest and south along the eastern shoreline of Lake 
Wisconsin, to the powerplant that defines where Lake Wisconsin ends and 
the Wisconsin River begins again;
    (5) Then continuing south along the Wisconsin River shoreline to 
where it intersects with U.S. Highway 12 opposite Sauk City, Sauk 
County;
    (6) Then in a southeasterly direction on U.S. Highway 12 to the 
intersection at State Highway 188, just over one-half a mile;
    (7) Then in a northeasterly direction about 1,000 feet on State 
Highway 188, to the intersection of Mack Road;
    (8) Then east on Mack Road to the intersection of State Highway Y, 
about 3 miles;
    (9) Then follow State Highway Y in a generally northeasterly 
direction onto the ``Lodi, Wisc.'' quadrangle map and continue in a 
northeasterly direction to the intersection with State Highway 60;
    (10) Then in a northeasterly direction on State Highway 60 to the 
intersection with State Highway 113 in the town of Lodi;
    (11) Then in a northwesterly direction on State Highway 113 to where 
it crosses Spring Creek the second time just before Chrislaw Road;
    (12) Then follow Spring Creek in a northwesterly direction to where 
it enters Lake Wisconsin, the point of beginning.

[T.D. ATF-352, 59 FR 539, Jan. 5, 1994]



Sec. 9.147  Hames Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Hames Valley.''
    (b) Approved maps. The appropriate map for determining the boundary 
of the Hames Valley viticultural area is one U.S.G.S. 15 minute series 
topographical map, titled Bradley Quadrangle, California, edition of 
1961, with a scale of 1:62,500.
    (c) Boundary. The Hames Valley viticultural area is located in 
southern Monterey County in the State of California. The boundary is as 
follows:
    (1) Beginning at the southeast corner of section 26, T. 23 S., R. 10 
E., which coincides with the point where the 640 foot contour line 
crosses the Swain Valley drainage, the boundary proceeds in a straight 
line across section 26 to the northwest corner of section 26, T. 23 S., 
R. 10 E.;
    (2) Then west northwest in a straight line across sections 22, 21, 
20, and 19, T. 23 S., R. 10 E., to the northwest corner of section 24, 
T. 23 S., R. 9 E.;
    (3) Then southeast in a straight line across sections 24, 25, 30, 
31, and 32, to the southeast corner of section 5, T. 24 S., R. 10 E.;
    (4) Then east southeast in a straight line across section 9 to the 
southeast corner of section 10, T. 24 S., R. 10 E.;
    (5) Then east southeast in a straight line for approximately 2.25 
miles to Hill 704, located in section 18, T. 24 S., R. 11 E.;
    (6) Then north northwest in a straight line for approximately 1.35 
miles to Hill 801, located near the northwest corner of section 7, T. 24 
S., R. 11 E., and then continue in a straight line to the northwest 
corner of section 6, T. 24 S., R. 11 E.;
    (7) Then in a generally northwesterly direction along the Salinas 
River for approximately 1 mile to where the Swain Valley drainage enters 
the Salinas River about .11 mile south of the northern boundary line of 
section 36, T. 23 S., R. 10 E.;

[[Page 217]]

    (8) Then in a westerly direction for approximately .75 mile along 
the Swain Valley drainage to the southeast corner of section 26, T. 23 
S., R. 10 E., the point of beginning.

[T.D. ATF-356, 59 FR 14100, Mar. 25, 1994]



Sec. 9.148  Seiad Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Seiad Valley.''
    (b) Approved map. The appropriate map for determining the boundary 
of the Seiad Valley viticultural area is a U.S.G.S. 7.5 minute series 
topographical map of the 1:24000 scale, titled ``Seiad Valley, Calif.,'' 
1980.
    (c) Boundary. The Seiad Valley viticultural area is located in 
Siskiyou County, California. The boundary is as follows:
    (1) The beginning point is the intersection of the 1600 foot contour 
line with the power transmission line north of the Klamath River, near 
Mile 130;
    (2) From the beginning point, the boundary follows the 1600[foot] 
contour line in a generally northeasterly direction until it reaches the 
intersection of an unnamed light duty road and an unimproved road just 
west of Canyon Creek;
    (3) The boundary then follows the unimproved road north to its end, 
then goes east in a straight line until it reaches the 1800[foot] 
contour line;
    (4) The boundary then follows the 1800[foot] contour line in a 
northeasterly direction to the point, near Sawmill Gulch, where the 
contour line crosses Seiad Creek and turns south and west;
    (5) The boundary continues to follow the 1800[foot] contour line as 
it proceeds southwest for approximately 4.5 miles, then turns sharply 
south-southeast for approximately 0.3 miles, until the contour line 
turns sharply east at a point just north of the Klamath River;
    (6) The boundary then diverges from the 1800[foot] contour line and 
proceeds south-southeast in a straight line, across the Klamath River 
and State Route 96, until it intersects with the 1600[foot] contour 
line;
    (7) The boundary then follows the 1600[foot] contour line south and 
west, then north and west, roughly following the course of the Klamath 
River, until it reaches an unnamed peak 1744 feet high;
    (8) The boundary continues along the 1600[foot] contour line as it 
diverges from the Klamath River and proceeds south, just to the east of 
an unnamed light duty road, to the point where that road crosses Grider 
Creek;
    (9) The boundary diverges from the contour line and proceeds west in 
a straight line across the road and Grider Creek until it intersects 
with the 1600[foot] contour line on the west side of Grider Creek;
    (10) The boundary then follows the 1600[foot] contour line north, 
west and north again until it reaches a point where the contour line 
turns west, just south of the Klamath River;
    (11) The boundary diverges from the 1600[foot] contour line and 
proceeds in a straight line in a northeasterly direction, back to the 
point of beginning.

[T.D. ATF-357, 59 FR 26114, May 19, 1994]



Sec. 9.149  St. Helena.

    (a) Name. The name of the viticultural area described in this 
section is ``St. Helena.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the St. Helena viticultural area are three U.S.G.S. 7.5 minute series 
topographical maps of the 1:24,000 scale. They are titled:
    (1) St. Helena Quadrangle, California, edition of 1960, revised 
1993;
    (2) Calistoga Quadrangle, California, edition of 1958, photorevised 
1980;
    (3) Rutherford Quadrangle, California, edition of 1951, photorevised 
1968, photoinspected 1973.
    (c) Boundary. The St. Helena viticultural area is located in Napa 
County in the State of California. The boundary is as follows:
    (1) Beginning on the Rutherford Quadrangle map at the point of 
intersection between State Highway 29 and a county road shown on the map 
as Zinfandel Avenue, known locally as Zinfandel Lane, the boundary 
proceeds in a southwest direction along Zinfandel Avenue to its 
intersection with the north fork of Bale Slough (blueline stream) near 
the 201 foot elevation marker;
    (2) Thence in a northwesterly direction approximately 2,750 feet 
along the north fork of Bale Slough to a point of intersection with a 
southwesterly

[[Page 218]]

straight line projection of a light duty road locally known as Inglewood 
Avenue;
    (3) Thence in a straight line in a southwesterly direction along 
this projected extension of Inglewood Avenue approximately 2,300 feet to 
its intersection with the 500 foot contour line in Section 7, Township 7 
North (T7N), Range 5 West (R5W);
    (4) Thence along the 500 foot contour line in a generally 
northwesterly direction through Sections 7, 1 and 2, to its intersection 
of the western border of Section 2, T7N, R6W;
    (5) Thence northerly along the western border of Section 2 
approximately 500 feet to its intersection with Sulphur Creek in Sulphur 
Canyon in the northwest corner of Section 2, T7N, R6W;
    (6) Thence along Sulphur Creek in an easterly direction 
approximately 350 feet to its intersection with the 400 foot contour 
line;
    (7) Thence along the 400 foot contour line in a generally easterly, 
then northwesterly, direction past the city of St. Helena (on the St. 
Helena Quadrangle map) to a point of intersection with a southwesterly 
straight line projection of the county road shown as Bale Lane in the 
Carne Humana Rancho on the Calistoga Quadrangle map;
    (8) Thence along the projected straight line extension of Bale Lane 
in a northeasterly direction approximately 700 feet to the intersection 
of State Highway 29 and Bale Lane and continuing northeasterly along 
Bale Lane to its intersection with the Silverado Trail;
    (9) Thence in a northwesterly direction along the Silverado Trail 
approximately 1,500 feet to an unmarked driveway on the north side of 
the Silverado Trail near the 275 foot elevation marker;
    (10) Thence approximately 300 feet northeasterly along the driveway 
to and beyond its point of intersection with another driveway and 
continuing in a straight line projection to the 400 foot contour line;
    (11) Thence in a northerly and then generally southeasterly 
direction along the 400 foot contour line through Sections 10 
(projected), 11, 12, 13, 24 and 25 in T8N, R6W, Section 30 in T8N, R5W, 
Sections 25 and 24 in T8N, R6W, Sections 19 and 30 in T8N, R5W to a 
point of intersection with the city limits of St. Helena on the eastern 
boundary of Section 30 in T8N, R5W, on the St. Helena Quadrangle map;
    (12) Thence north, east and south along the city limits of St. 
Helena to the third point of intersection with the county road known as 
Howell Mountain Road in Section 29, T8N, R5W;
    (13) Thence in a northeasterly direction approximately 900 feet 
along Howell Mountain Road to its intersection with Conn Valley Road;
    (14) Thence northeasterly and then southeasterly along Conn Valley 
Road to its intersection with the eastern boundary of Section 28, T8N, 
R5W;
    (15) Thence south approximately 5,200 feet along the eastern 
boundary of Sections 28 and 33 to a point of intersection with the 380 
foot contour line near the southeast corner of Section 33, T8N, R5W, on 
the Rutherford Quadrangle map;
    (16) Thence in a northwesterly direction along the 380 foot contour 
line in Section 33 to a point of intersection with a northeasterly 
straight line projection of Zinfandel Avenue;
    (17) Thence in a southwesterly direction approximately 950 feet 
along this straight line projection of Zinfandel Avenue to its 
intersection with the Silverado Trail;
    (18) Thence continuing along Zinfandel Avenue in a southwesterly 
direction to its intersection with State Highway 29, the point of 
beginning.

[T.D. ATF-366, 60 FR 47061, Sept. 11, 1995]



Sec. 9.150  Cucamonga Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Cucamonga Valley.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Cucamonga Valley viticultural area are the following ten U.S.G.S. 
topographical maps (7.5 minute series 1:24000 scale):
    (1) Mt. Baldy, Calif., 1967, photorevised 1988;
    (2) Cucamonga Peak, Calif., 1966, photorevised 1988;
    (3) Devore, Calif., 1966, photorevised 1988;

[[Page 219]]

    (4) San Bernardino North, Calif., 1967, photorevised 1988;
    (5) Ontario, Calif., 1967, photorevised 1981;
    (6) Guasti, Calif., 1966, photorevised 1981;
    (7) Fontana, Calif., 1967, photorevised 1980;
    (8) San Bernardino South, Calif., 1967, photorevised 1980;
    (9) Prado Dam, Calif., 1967, photorevised 1981;
    (10) Corona North, Calif., 1967, photorevised 1981.
    (c) Boundary. The Cucamonga Valley viticultural area is located in 
San Bernardino and Riverside Counties, California. The boundary is as 
follows:
    (1) The beginning point is the intersection of Euclid Avenue and 
24th Street on the Mt. Baldy, Calif. U.S.G.S. map;
    (2) From the beginning point, the boundary follows 24th Street east 
for approximately 0.3 mile, until it reaches the intersection of 24th 
Street with two unnamed light-duty streets to the north;
    (3) The boundary then diverges from 24th Street and goes straight 
north for approximately 0.3 mile, until it reaches the 2,000 foot 
contour line;
    (4) The boundary then follows the 2,000 foot contour line in a 
generally easterly direction across the Cucamonga Peak, Calif., U.S.G.S. 
map and onto the Devore, Calif., U.S.G.S. map until it reaches Lytle 
Creek Wash;
    (5) The boundary follows the intermittent stream in Lytle Creek Wash 
in a southeasterly direction to the end of the intermittent stream on 
the Devore, Calif., U.S.G.S. map;
    (6) The boundary then continues through Lytle Creek Wash, proceeding 
southeast in a straight line from the end of the intermittent stream, 
across the southwest corner of the San Bernardino North, Calif., 
U.S.G.S. map and onto the San Bernardino, South, Calif., U.S.G.S. map, 
to the northernmost point of the flood control basin at the end of the 
Lytle Creek Wash, a distance of approximately 4.3 miles;
    (7) The boundary then proceeds in a straight line south-southeast 
across the flood control basin to the point where Lytle Creek Channel 
exits the basin;
    (8) The boundary continues along Lytle Creek Channel until it 
empties into Warm Creek;
    (9) The boundary then follows Warm Creek until it meets the Santa 
Ana River;
    (10) The boundary then follows the western edge of the Santa Ana 
River in a generally southwesterly direction until it meets the San 
Bernardino--Riverside County line;
    (11) The boundary follows the county line west, crossing onto the 
Guasti, Calif., U.S.G.S. map, until it reaches the unnamed channel 
between Etiwanda and Mulberry Avenues (identified by the petitioner as 
Etiwanda Creek Channel);
    (12) The boundary then follows Etiwanda Creek Channel in a southerly 
direction until it parallels Bain Street;
    (13) The boundary then diverges from Etiwanda Creek Channel and 
follows Bain Street south until it ends at Limonite Avenue in the 
northeast corner of the Corona North, Calif., U.S.G.S. map;
    (14) The boundary then continues south in a straight line until it 
reaches the northern shore of the Santa Ana River;
    (15) The boundary then follows the north shore of the Santa Ana 
River until it intersects the 560 foot contour line in Section 1 T3S/
R7W;
    (16) The boundary then follows the 560[foot] contour line to the 
north of the Santa Ana River in a generally westerly direction until it 
reaches Euclid Avenue on the Prado Dam, Calif., U.S.G.S. map;
    (17) The boundary then follows Euclid Avenue north to the point of 
beginning.

[T.D. ATF-362, 60 FR 16578, Mar. 31, 1995]



Sec. 9.151  Puget Sound.

    (a) Name. The name of the viticultural area described in this 
section is ``Puget Sound.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Puget Sound viticultural area are four 1:250,000 scale U.S.G.S. 
topographical maps, one 1:25,000 scale topographic map, and three 
1:24,000 scale topographic maps. They are titled:
    (1) Hoquiam, Washington, 1958 revised 1974 (1:250,000)

[[Page 220]]

    (2) Seattle, Washington, 1958 revised 1974 (1:250,000)
    (3) Wenatchee, Washington, 1957 revised 1971 (1:250,000)
    (4) Victoria, B.C., Can., Wash., U.S., 1957 revised (U.S. area) 1974 
(1:250,000)
    (5) Auburn, Washington, 1983 (1:25,000)
    (6) Buckley, Washington, 1993 (1:24,000)
    (7) Cumberland, Washington, 1993 (1:24,000)
    (8) Enumclaw, Washington, 1993 (1:24,000)
    (c) Boundary. The Puget Sound viticultural area is located in the 
State of Washington. The boundaries of the Puget Sound viticultural 
area, using landmarks and points of reference found on appropriate 
U.S.G.S. maps, follow.
    (1) Beginning where the Whatcom county line comes closest to an 
unnamed secondary road (referred to in the petition as Silver Lake Road) 
on the U.S.G.S. map ``Victoria,'' T41N/R6E;
    (2) Then south along Silver Lake Road approximately 5.5 miles to its 
intersection with State Highway 542, T39N/R5E;
    (3) Then west and then southwest along State Highway 542 
approximately 11 miles to its intersection with State Highway 9, T38N/
R5E;
    (4) Then south along State Highway 9 approximately 44 miles to its 
intersection with an unnamed secondary road (referred to in the petition 
as Burn Road) at the town of Arlington, T31N/R5E;
    (5) Then south, southeast along Burn Road approximately 11 miles to 
its intersection with State Highway 92, T30N/R6E;
    (6) Then south along State Highway 92 approximately 3 miles to its 
intersection with an unnamed light duty road (referred to in the 
petition as Machias Hartford Road), T29N/R6E;
    (7) Then south along Machias Hartford Road approximately 4 miles to 
its intersection with an unnamed secondary road (referred to in the 
petition as Lake Roesiger Road), on the U.S.G.S. map ``Wenatchee,'' 
T29N/R7E;
    (8) Then east along Lake Roesiger Road approximately 3.5 miles to 
its intersection with an unnamed secondary road (referred to in the 
petition as Woods Creek Road), T29N/R7E;
    (9) Then south along Woods Creek Road approximately 10.5 miles to 
its intersection with U.S. Highway 2 in the town of Monroe, T27N/R7E;
    (10) Then west along U.S. Highway 2 approximately \1/2\ mile to its 
intersection with State Highway 203, T27N/R6E;
    (11) Then south along State Highway 203 approximately 24 miles to 
its intersection with an unnamed secondary road (referred to in the 
petition as Preston-Fall City Road), at the town of Fall City, T24N/R7E;
    (12) Then southwest along Preston-Fall City Road approximately 4 
miles to its intersection with Interstate Highway 90 at the town of 
Preston, T24N/R7E;
    (13) Then east along Interstate Highway 90 approximately 3 miles to 
its intersection with State Highway 18, T23N/R7E;
    (14) Then southwest along State Highway 18 approximately 7 miles to 
its intersection with an unnamed secondary road (referred to in the 
petition as 276th Avenue SE), T23N/R6E;
    (15) Then south along 276th Avenue SE approximately 5 miles to its 
intersection with State Highway 516 at the town of Georgetown, T22N/R6E;
    (16) Then west along State Highway 516 approximately 2 miles to its 
intersection with State Highway 169 at the town of Summit on the 
U.S.G.S. map, ``Seattle,'' (shown in greater detail on the U.S.G.S. map, 
``Auburn''), T22N/R6E;
    (17) Then south along State Highway 169 approximately 11.5 miles to 
its intersection with State Highway 410 at the town of Enumclaw on the 
U.S.G.S. map, ``Wenatchee,'' (shown in greater detail on the U.S.G.S. 
map, ``Enumclaw''), T20N/R6E;
    (18) Then southwest approximately 5 miles along State Highway 410 
until its intersection with State Highway 165 on the U.S.G.S. map, 
``Seattle,'' (shown in greater detail on the U.S.G.S. map, ``Buckley''), 
T19N/R6E;
    (19) Then southwest on State Highway 165 until its intersection with 
State Highway 162 at the town of Cascade Junction on the U.S.G.S. map, 
``Seattle'' (shown in greater detail on

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the U.S.G.S. Map, ``Buckley''), T19N/R6E;
    (20) Then southwest along State Highway 162 approximately 8 miles to 
its intersection with an unnamed secondary road (referred to in the 
petition as Orville Road E.), T19N/R5E;
    (21) Then south along Orville Road E., approximately 8 miles to its 
intersection with the CMSTP&P railroad at the town of Kapowsin, on the 
U.S.G.S. map, ``Hoquiam,'' T17N/R5E;
    (22) Then south along the CMSTP&P railroad approximately 17 miles to 
where it crosses the Pierce County line at the town of Elbe, T15N/R5E;
    (23) Then west along the Pierce County line approximately 1 mile to 
the eastern tip of Thurston County, T15N/R5E;
    (24) Then west along the Thurston County line approximately 38 miles 
to where it crosses Interstate Highway 5, T15N/R2W;
    (25) Then north along Interstate Highway 5 approximately 18 miles to 
its intersection with U.S. Highway 101 at the town of Tumwater on the 
U.S.G.S. map ``Seattle,'' T18N/R2W;
    (26) Then northwest along U.S. Highway 101 approximately 18 miles to 
its intersection with State Highway 3 at the town of Shelton, T20N/R3W;
    (27) Then northeast along State Highway 3 approximately 24 miles to 
where it crosses the Kitsap County line, T23N/R1W;
    (28) Then north along the Kitsap County line approximately 3 miles 
to the point where it turns west, T23N/R1W;
    (29) Then west along the Kitsap County line approximately 11 miles 
to the point where it turns north, T23N/R3W;
    (30) Then continuing west across Hood Canal approximately 1 mile to 
join with U.S. Highway 101 just south of the mouth of an unnamed creek 
(referred to in the petition as Jorsted Creek), T23N/R3W;
    (31) Then north along U.S. Highway 101 approximately 40 miles to the 
point where it turns west at the town of Gardiner on the U.S.G.S. map 
``Victoria,'' T30N/R2W;
    (32) Then west along U.S. Highway 101 approximately 32 miles to 
where it crosses the Elwha River, T30N/R7W;
    (33) Then north along the Elwha River approximately 6 miles to its 
mouth, T31N/R7W;
    (34) Then continuing north across the Strait of Juan de Fuca 
approximately 5 miles to the Clallam County line, T32N/R7W;
    (35) Then northeast along the Clallam County line approximately 14 
miles to the southwestern tip of San Juan County, T32N/R4W;
    (36) Then northeast along the San Juan County line approximately 51 
miles to the northern tip of San Juan County, T38N/R3W;
    (37) Then northwest along the Whatcom County line approximately 19 
miles to the western tip of Whatcom County, T41N/R5W;
    (38) Then east along the Whatcom County line approximately 58 miles 
to the beginning.

[T.D. ATF-368, 60 FR 51899, Oct. 4, 1995]



Sec. 9.152  Malibu-Newton Canyon.

    (a) Name. The name of the viticultural area described in this 
petition is ``Malibu-Newton Canyon.''
    (b) Approved maps. The appropriate map for determining the boundary 
of the Malibu-Newton Canyon viticultural area is the U.S.G.S. map, 
``Point Dume Quadrangle, California'' (7.5 Minute Series 1:24,000 
Topographic map, photorevised 1981).
    (c) Boundary. The Malibu-Newton Canyon viticultural area is located 
in Los Angeles County, California. The boundary is as follows:
    (1) Beginning at the intersection of the Newton Canyon creek (lowest 
elevation) and an unnamed medium duty road referred to by the petitioner 
as Kanan Dume Road at the boundary of section 13 and 18 on the U.S.G.S. 
map ``Point Dume Quadrangle.''
    (2) Then south along Kanan Dume Road to the point where an unnamed, 
unimproved dirt road referred to by the petitioner as Ramerez Mountain 
Way crosses over Kanan Dume Road at the tunnel in the northwest corner 
of section 19.
    (3) Then east along Ramerez Mountain Way, following the southern 
ridgeline of Newton Canyon, to Latigo Canyon Road in the southwest 
corner of section 17.

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    (4) Then south along Latigo Canyon Road to an unnamed, unimproved 
dirt road referred to by the petitioner as Newton Mountain Way at the 
southern boundary of section 17.
    (5) Then northeast along Newton Mountain Way, following the 
southeastern ridgeline of Newton Canyon, to an unnamed, unimproved dirt 
road referred to by the petitioner as Castro Mountain Way in section 16.
    (6) Then west along Castro Mountain Way, past Castro Peak, following 
the northern ridgeline of Newton Canyon to Latigo Canyon Road in section 
18.
    (7) Then southwest along the natural ridgeline of Newton Canyon to 
the intersection of Kanan Dume Road and the 1,600 foot contour line in 
the southeastern portion of section 13.
    (8) Then southeasterly along Kanan Dume Road to the beginning point.

[T.D. ATF-375, 61 FR 29952, June 13, 1996]



Sec. 9.153  Redwood Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Redwood Valley.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Redwood Valley viticultural area are four Quadrangle 7.5 minute 
series 1:24,000 scale U.S.G.S. topographical maps. They are titled:
    (1) Redwood Valley, Calif., 1960, photorevised 1975;
    (2) Ukiah, Calif., 1958, photorevised 1975;
    (3) Laughlin Range, Calif., 1991;
    (4) Orrs Springs, California, provisional edition, 1991.
    (c) Boundary. The Redwood Valley viticultural area is located in the 
east central interior portion of Mendocino County, California. The 
boundaries of the Redwood Valley viticultural area, using landmarks and 
points of reference found on appropriate U.S.G.S. maps, are:
    (1) The beginning point is the intersection of State Highway 20 with 
the eastern boundary of Section 13, T16N/R12W located in the extreme 
northeast portion of the U.S.G.S. map, ``Ukiah, Calif.'';
    (2) Then north along the east boundary line of Sections 12 and 1 to 
the northeast corner of Section 1, T16N/R12W on the U.S.G.S. map, 
``Redwood Valley, Calif.'';
    (3) Then west along the northern boundary line of Section 1 to the 
northwest corner of Section 1, T16N/R12W;
    (4) Then north along the east boundary line of sections 35, 26, 23, 
14, 11, and 2 to the northeast corner of Section 2, T17N/R12W;
    (5) Then west along the northern boundary of Sections 2, 3, 4, 5, 
and 6 to the northwest corner of Section 6, T17N/R12W;
    (6) Then 10 degrees southwest cutting diagonally across Sections 1, 
12, 13 ,24, 25, and 36 to a point at the northwest corner of Section 1, 
T16N/R13W on the U.S.G.S. map, ``Laughlin, Range, Calif.'';
    (7) Then south along the western boundary line of Sections 1 and 12 
to the southwest corner of Section 12, T16N/R13W;
    (8) Then 13 degrees southeast across Sections 13, 18, and 17 to the 
intersection of State Highway 20 and U.S. Highway 101, T16N/R12W on the 
U.S.G.S. map, Ukiah, Calif.''; and
    (9) Then easterly along a line following State Highway 20 back to 
the beginning point at the eastern boundary of Section 13, T16N/R12W 
located in the extreme northeast portion of the U.S.G.S. map ``Ukiah, 
Calif.''

[T.D. ATF-386, 61 FR 67466, Dec. 23, 1996]



Sec. 9.154  Chiles Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Chiles Valley.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Chiles Valley viticultural area are four 1:24,000 Scale U.S.G.S. 
topography maps. They are titled:
    (1) St. Helena, CA 1960 photorevised 1980;
    (2) Rutherford, CA 1951 photorevised 1968;
    (3) Chiles Valley, CA 1958 photorevised 1980;
    (4) Yountville, CA 1951 photorevised 1968.
    (c) Boundary. The Chiles Valley viticultural area is located in the 
State of California, entirely within the Napa Valley viticultural area. 
The boundaries of the Chiles Valley viticultural

[[Page 223]]

area, using landmarks and points of reference found on appropriate 
U.S.G.S. maps follow. The local names of roads are identified by name.
    (1) Beginning on the St. Helena, CA quadrangle map at the 
northernmost corner of Rancho Catacula in Section 34, Township 9 North 
(T9N), Range 5 West (R5W), Mount Diablo Base and Meridian (MDBM);
    (2) Then in southwesterly direction along the Rancho Catacula 
boundary line to its intersection with the Rancho La Jota boundary line;
    (3) Then in a south-southeasterly direction approximately 3,800 feet 
along the Rancho Catacula/Rancho La Jota boundary line to the point 
where the Rancho Catacula boundary separates from the common boundary 
with Rancho La Jota;
    (4) Then in a southeasterly direction continuing along the Rancho 
Catacula boundary approximately 23,600 feet to a point of intersection, 
in the NE \1/4\ Sec. 19, T8N, R4W, on the Chiles Valley quadrangle map, 
with a county road known locally as Chiles and Pope Valley Road;
    (5) Then in a southwesterly direction along Chiles and Pope Valley 
Road to a point where it first crosses an unnamed blueline stream in the 
SE \1/4\ Section 19, T8N, R4W;
    (6) Then following the unnamed stream in generally southeast 
direction to its intersection with the 1200 foot contour;
    (7) Then following the 1200 foot contour in a northeasterly 
direction to a point of intersection with the Rancho Catacula boundary 
in section 20, T8N, R4W;
    (8) Then in a southeasterly direction along the Rancho Catcula 
boundary approximately 17,500 feet to the southwest corner of Rancho 
Catacula in section 34, T8N, R4W on the Yountville, CA, quadrangle map;
    (9) Then in a northeasterly direction along the Rancho Catacula 
boundary approximately 650 feet to its intersection with the 1040 foot 
contour;
    (10) Then along the 1040 foot contour in a generally east and 
northeast direction to its intersection with the Rancho Catacula 
boundary;
    (11) Then in a northeasterly direction along the Rancho Catacula 
boundary approximately 1100 feet to its intersection with the 1040 foot 
contour;
    (12) Then along the 1040 foot contour in an easterly direction and 
then in a northwesterly direction to its intersection of the Rancho 
Catacula boundary;
    (13) Then in a southwesterly direction along the Rancho Catacula 
boundary approximately 300 feet to a point of intersection with a line 
of high voltage power lines;
    (14) Then in a westerly direction along the high voltage line 
approximately 650 feet to its intersection with the 1000 foot contour;
    (15) Then continuing along the 1000 foot contour in a generally 
northwesterly direction to the point of intersection with the first 
unnamed blueline stream;
    (16) Then along the unnamed stream in a northerly direction to its 
point of intersection with the 1200 foot contour;
    (17) Then along the 1200 foot contour in a northwesterly direction 
to its points of intersection with the Rancho Catacula boundary in 
Section 35, T9N, R5W on the St. Helena, CA, quadrangle map;
    (18) Then along the Rancho Catacula boundary in a northwesterly 
direction approximately 5,350 feet to a northernmost corner of Rancho 
Catacula, the beginning point on the St. Helena quadrangle map a the 
northernmost corner of Rancho Catacula in Section 34, T9N, R5W, MDBM.

[T.D. ATF-408, 64 FR 7787, Feb. 17, 1999]



Sec. 9.155  Texas Davis Mountains.

    (a) Name. The name of the viticultural area described in this 
section is ``Texas Davis Mountains.''
    (b) Approved map. The appropriate maps for determining the boundary 
of the Texas Davis Mountains viticultural area are two U.S.G.S. metric 
topographical maps of the 1:100 000 scale, titled:
    (1) ``Fort Davis, Texas,'' 1985.
    (2) ``Mount Livermore, Texas--Chihuahua,'' 1985.
    (c) Boundary. The Texas Davis Mountains viticultural area is located 
in Jeff Davis County, Texas. The boundary is as follows:
    (1) The beginning point is the intersection of Texas Highway 17 and 
Farm

[[Page 224]]

Road 1832 on the Fort Davis, Texas, U.S.G.S. map;
    (2) From the beginning point, the boundary follows Highway 17 in a 
southeasterly and then southwesterly direction until it reaches the 
intersection of Limpia Creek with the unnamed stream which flows through 
Grapevine Canyon on the Fort Davis, Texas, U.S.G.S. map;
    (3) The boundary then proceeds in a straight line in a southwesterly 
direction until it meets Highway 118 at a gravel pit 1\3/4\ miles 
southeast of the intersection of Highway 118 and Highway 17;
    (4) The boundary then proceeds in a straight line east by southeast 
until it meets Highway 166 at its junction with Highway 17;
    (5) The boundary then follows Highway 166 in a southwesterly 
direction onto the Mt. Livermore, Texas-Chihuahua, U.S.G.S. map;
    (6) The boundary then continues to follow Highway 166 in a westerly 
direction;
    (7) The boundary then continues to follow Highway 166 as it turns in 
a northerly and then northeasterly direction to the point where it meets 
Highway 118;
    (8) The boundary then follows Highway 118 in a northerly direction 
until it reaches a point where it intersects with the 1600 meter contour 
line, just north of Robbers Roost Canyon;
    (9) The boundary then proceeds in a straight line due east for about 
two miles until it reaches the 1600 meter contour line to the west of 
Friend Mountain;
    (10) The boundary then follows the 1600 meter contour line in a 
northeasterly direction until it reaches the northernmost point of 
Friend Mountain;
    (11) The boundary then diverges from the contour line and proceeds 
in a straight line east-southeast until it reaches the beginning point 
of Buckley Canyon, approximately three fifths of a mile;
    (12) The boundary then follows Buckley Canyon in an easterly 
direction to the point where it meets Cherry Canyon;
    (13) The boundary then follows Cherry Canyon in a northeasterly 
direction to the point where it meets Grapevine Canyon on the Mt. 
Livermore, Texas-Chihuahua, U.S.G.S. map;
    (14) The boundary then proceeds in a straight line from the 
intersection of Cherry and Grapevine Canyons to the peak of Bear Cave 
Mountain, on the Fort Davis, Texas, U.S.G.S. map;
    (15) The boundary then proceeds in a straight line from the peak of 
Bear Cave Mountain to the point where Farm Road 1832 begins;
    (16) The boundary then follows Farm Road 1832 back to its 
intersection with Texas Highway 17, at the point of beginning.

[T.D. ATF-395, 63 FR 11828, Mar. 11, 1998]



Sec. 9.156  Diablo Grande.

    (a) Name. The name of the viticultural area described in this 
section is ``Diablo Grande''.
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Diablo Grande viticultural area are the following four U.S.G.S. 
Quadrangle 7.5 Minute Series (Topographic) maps. They are titled:
    (1) Patterson Quadrangle, California--Stanislaus Co., 1953 
(Photorevised 1971, Photoinspected 1978);
    (2) Copper Mtn. Quadrangle, California--Stanislaus Co., 1953 (Field 
Check 1956, Aerial Photo 1971);
    (3) Wilcox Ridge, California--Stanislaus Co., 1956 (Photorevised 
1971);
    (4) Orestimba Peak, California--Stanislaus Co., 1955 (Photorevised 
1971).
    (c) Boundary. The Diablo Grande viticultural area is located in the 
western foothills of Stanislaus County, California. The beginning point 
is at Reservoir Spillway 780 in section 8, Township 6 South, Range 7 
East (T. 6S., R. 7E.) on the Patterson Quadrangle U.S.G.S. map.
    (1) Then proceed northwest to Salt Grass Springs to the point where 
the 1000 foot contour line crosses the northern section line of section 
9, T. 6S., R. 6E., on the Copper Mtn., Quadrangle U.S.G.S. map.
    (2) Then proceed due south past Copper Mountain in section 16, T. 
6S., R. 6E., to Mikes Peak in section 4, T. 7S., R. 6E., on the Wilcox 
Ridge Quadrangle U.S.G.S. map.

[[Page 225]]

    (3) Then proceed due west to Oristimba Creek in section 6, T. 7S., 
R. 6E.
    (4) Then proceed following Orestimba Creek south/southeast and then 
east/northeast to the point where Orestimba Creek meets Bench Mark 
340 in section 28, T. 7S., R. 7E., on the Orestimba Peak 
Quadrangle U.S.G.S. map.
    (5) Then proceed northwest to the point of beginning at Reservoir 
Spillway 780 in section 8, T. 6S., R. 7E.

[T.D. ATF-399, 63 FR 33853, June 22, 1998]



Sec. 9.157  San Francisco Bay.

    (a) Name. The name of the viticultural area described in this 
section is ``San Francisco Bay.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the San Francisco Bay viticultural area are forty-two U.S.G.S. 
Quadrangle 7.5 Minute Series (Topographic) maps and one U.S.G.S. 
Quadrangle 5x11 Minute (Topographic) map. They are titled:
    (1) Pacheco Peak, California, scale 1:24,000, dated 1955, 
Photorevised 1971;
    (2) Gilroy Hot Springs, California, scale 1:24,000, dated 1955, 
Photoinspected 1978, Photorevised 1971
    (3) Mt. Sizer, California, scale 1:24,000, dated 1955, 
Photoinspected 1978, Photorevised 1971
    (4) Morgan Hill, California, scale 1:24,000, dated 1955, 
Photorevised 1980
    (5) Lick Observatory, California, scale 1:24,000, dated 1955, 
Photoinspected 1973, Photorevised 1968
    (6) San Jose East, California, scale 1:24,000, dated 1961, 
Photorevised 1980;
    (7) Calaveras Reservoir, California, scale 1:24,000, dated 1961, 
Photorevised 1980;
    (8) La Costa Valley, California, scale 1:24,000, dated 1960, 
Photorevised 1968;
    (9) Mendenhall Springs, California, scale 1:24,000, dated 1956, 
Photoinspected 1978, Photorevised 1971;
    (10) Altamont, California, scale 1:24,000, dated 1953, Photorevised 
1981;
    (11) Byron Hot Springs, California, scale 1:24,000, dated 1953, 
Photorevised 1968;
    (12) Tassajara, California, scale 1:24,000, dated 1953, 
Photoinspected 1974, Photorevised 1968;
    (13) Diablo, California, scale 1:24,000, dated 1953, Photorevised 
1980;
    (14) Clayton, California, scale 1:24,000, dated 1953, Photorevised 
1980;
    (15) Honker Bay, California, scale 1:24,000, dated 1953, 
Photorevised 1980;
    (16) Vine Hill, California, scale 1:24,000, dated 1959, Photorevised 
1980;
    (17) Benicia, California, scale 1:24,000, dated 1959, Photorevised 
1980;
    (18) Mare Island, California, scale 1:24,000, dated 1959, 
Photorevised 1980;
    (19) Richmond, California, scale 1:24,000, dated 1959, Photorevised 
1980;
    (20) San Quentin, California, scale 1:24,000, dated 1959, 
Photorevised 1980;
    (21) Oakland West, California, scale 1:24,000, dated 1959, 
Photorevised 1980;
    (22) San Francisco North, California, scale 1:24,000, dated 1956, 
Photorevised 1968 and 1973;
    (23) San Francisco South, California, scale 1:24,000, dated 1956, 
Photorevised 1980;
    (24) Montara Mountain, California, scale 1:24,000, dated 1956, 
Photorevised 1980;
    (25) Half Moon Bay, California, scale 1:24,000, dated 1961, 
Photoinspected 1978, Photorevised 1968 and 1973;
    (26) San Gregorio, California, scale 1:24,000, dated 1961, 
Photoinspected 1978, Photorevised 1968;
    (27) Pigeon Point, California, scale 1:24,000, dated 1955, 
Photorevised 1968;
    (28) Franklin Point, California, scale 1:24,000, dated 1955, 
Photorevised 1968;
    (29) Ano Nuevo, California, scale 1:24,000, dated 1955, Photorevised 
1968;
    (30) Davenport, California, scale 1:24,000, dated 1955, Photorevised 
1968;
    (31) Santa Cruz, California, scale 1:24,000, dated 1954, 
Photorevised 1981;
    (32) Felton, California, scale 1:24,000, dated 1955, Photorevised 
1980;
    (33) Laurel, California, scale 1:24,000, dated 1955, Photoinspected 
1978, Photorevised 1968;
    (34) Soquel, California, scale 1:24,000, dated 1954, Photorevised 
1980;
    (35) Watsonville West, California, scale 1:24,000, dated 1954, 
Photorevised 1980;
    (36) Loma Prieta, California, scale 1:24,000, dated 1955, 
Photoinspected 1978, Photorevised 1968;
    (37) Watsonville East, California, scale 1:24,000, dated 1955, 
Photorevised 1980;

[[Page 226]]

    (38) Mt. Madonna, California, scale 1:24,000, dated 1955, 
Photorevised 1980;
    (39) Gilroy, California, scale 1:24,000, dated 1955, Photorevised 
1981;
    (40) Chittenden, California, scale 1:24,000, dated 1955, 
Photorevised 1980;
    (41) San Felipe, California, scale 1:24,000, dated 1955, 
Photorevised 1971; and
    (42) Three Sisters, California, scale 1:24,000, dated 1954, 
Photoinspected 1978, Photorevised 1971.
    (c) Boundary. The San Francisco Bay viticultural area is located 
mainly within five counties which border the San Francisco Bay and 
partly within two other counties in the State of California. These 
counties are: San Francisco, San Mateo, Santa Clara, Alameda, Contra 
Costa and partly in Santa Cruz and San Benito Counties. The Santa Cruz 
Mountains viticultural area is excluded (see 27 CFR 9.31.) The 
boundaries of the San Francisco Bay viticultural area, using landmarks 
and points of reference found on appropriate U.S.G.S. maps, are as 
follows:
    (1) Beginning at the intersection of the 37 degree 00[min] North 
latitude parallel with State Route 152 on the Pacheco Peak Quadrangle.
    (2) Then proceed in a northwesterly direction in a straight line to 
the intersection of Coyote Creek with the township line dividing 
Township 9 South from Township 10 South on the Gilroy Hot Springs 
Quadrangle.
    (3) Then proceed in a northwesterly direction in a straight line to 
the intersection of the township line dividing Township 8 South from 
Township 9 South with the range line dividing Range 3 East from Range 4 
East on the Mt. Sizer Quadrangle.
    (4) Then proceed in a northwesterly direction in a straight line 
(across the Morgan Hill Quadrangle) to the intersection of the township 
line dividing Township 7 South from Township 8 South with the range line 
dividing Range 2 East from Range 3 East on the Lick Observatory 
Quadrangle.
    (5) Then proceed in a northwesterly direction in a straight line to 
the intersection of State Route 130 with the township line dividing 
Township 6 South from Township 7 South on the San Jose East Quadrangle.
    (6) Then proceed in a northeasterly direction following State Route 
130 to its intersection with the range line dividing Range 1 East from 
Range 2 East on the Calaveras Reservoir Quadrangle.
    (7) Then proceed north following this range line to its intersection 
with the Hetch Hetchy Aqueduct on the La Costa Valley Quadrangle.
    (8) Then proceed in a northeasterly direction in a straight line 
following the Hetch Hetchy Aqueduct to the western boundary of Section 
14 in Township 4 South, Range 2 East on the Mendenhall Springs 
Quadrangle.
    (9) Then proceed south along the western boundary of Section 14 in 
Township 4 South, Range 2 East to the southwest corner of Section 14 on 
the Mendenhall Springs Quadrangle.
    (10) Then proceed east along the southern boundary of Section 14 in 
Township 4 South, Range 2 East to the southeast corner of Section 14 on 
the Mendenhall Springs Quadrangle.
    (11) Then proceed south along the western boundary of Section 24 in 
Township 4 South, Range 2 East to the southwest corner of Section 24 on 
the Mendenhall Springs Quadrangle.
    (12) Then proceed east along the southern boundary of Section 24 in 
Township 4 South, Range 2 East and Section 19 in Township 4 South, Range 
3 East to the southeast corner of Section 19 on the Mendenhall Springs 
Quadrangle.
    (13) Then proceed north along the western boundaries of Sections 20, 
17, 8, and 5 on the Mendenhall Springs Quadrangle in Township 4 South, 
Range 3 East, north (across the Altamont Quadrangle) along the western 
boundaries of Sections 32, 29, to the southwest corner of Section 20, in 
Township 3 South, Range 3 East.
    (14) Then east along the southern boundary of Sections 20, and 21, 
in Township 3 South, Range 3 East on the Altamont Quadrangle to the 1100 
meter elevation contour.
    (15) Then, along the 1100 meter contour in a northwesterly direction 
to the intersection with the western boundary of Section 16, Township 3 
South, Range 3 East on the Altamont Quadrangle.
    (16) Then north along the eastern boundary of Sections 17, 8, and 5 
in

[[Page 227]]

Township 3 South, Range 3 East to the northeast corner of Section 5.
    (17) Then proceed west along the northern border of Section 5 to the 
northwest corner of Section 5.
    (18) Then north along the eastern boundaries of Sections 31, 30, 19, 
and 18 in Township 2 South, Range 3 East to the northeast corner of 
Section 18 on the Byron Hot Springs Quadrangle.
    (19) Then proceed due west along the northern boundaries of Section 
18 and Section 13 (Township 2 South, Range 2 East) to a point 
approximately 400 feet due south of Brushy Peak on the Byron Hot Springs 
Quadrangle.
    (20) Then proceed due north to Brushy Peak (elevation 1,702) on the 
Byron Hot Springs Quadrangle.
    (21) Then proceed in a northwesterly direction in a straight line 
(across the Tassajara and Diablo Quadrangles) to Mt. Diablo (elevation 
3,849) on the Clayton Quadrangle.
    (22) Then proceed in a northwesterly direction in a straight line to 
Mulligan Hill (elevation 1,438) on the Clayton Quadrangle.
    (23) Then proceed in a northwesterly direction in a straight line 
(across the Honker Bay Quadrangle) to a point marked BM 15 on the 
shoreline of Contra Costa County on the Vine Hill Quadrangle.
    (24) Then proceed west along the shoreline of Contra Costa County 
and Alameda County (across the Quadrangles of Benicia, Mare Island, 
Richmond, and San Quentin) to the San Francisco/Oakland Bay Bridge on 
the Oakland West Quadrangle.
    (25) Then proceed west on the San Francisco/Oakland Bay Bridge to 
the San Francisco County shoreline on the San Francisco North 
Quadrangle.
    (26) Then proceed along the San Francisco, San Mateo, and Santa Cruz 
County shoreline (across the Quadrangles of San Francisco South, Montara 
Mountain, Half Moon Bay, San Gregorio, Pigeon Point, Franklin Point, Ano 
Nuevo and Davenport) to the place where Majors Creek flows into the 
Pacific Ocean on the Santa Cruz Quadrangle.
    (27) Then proceed northeasterly along Majors Creek to its 
intersection with the 400 foot contour line on the Felton Quadrangle.
    (28) Then proceed along the 400 foot contour line in a generally 
easterly/northeasterly direction to its intersection with Bull Creek on 
the Felton Quadrangle.
    (29) Then proceed along Bull Creek to its intersection with Highway 
9 on the Felton Quadrangle.
    (30) Then proceed along Highway 9 in a northerly direction to its 
intersection with Felton Empire Road.
    (31) Then proceed along Felton Empire Road in a westerly direction 
to its intersection with the 400 foot contour line on the Felton 
Quadrangle.
    (32) Then proceed along the 400 foot contour line (across the 
Laurel, Soquel, Watsonville West and Loma Prieta Quadrangles) to its 
intersection with Highway 152 on the Watsonville East Quadrangle.
    (33) Then proceed along Highway 152 in a northeasterly direction to 
its intersection with the 600 foot contour line just west of Bodfish 
Creek on the Watsonville East Quadrangle.
    (34) Then proceed in a generally east/southeasterly direction along 
the 600 foot contour line (across the Mt. Madonna and Gilroy 
Quadrangles), approximately 7.3 miles, to the first intersection of the 
western section line of Section 30, Township 11 South, Range 4 East on 
the Chittenden Quadrangle.
    (35) Then proceed south along the section line approximately 1.9 
miles to the south township line at Section 31, Township 11 South, Range 
4 East on the Chittenden Quadrangle.
    (36) Then proceed in an easterly direction along the township line 
(across the San Felipe Quadrangle), approximately 12.4 miles to the 
intersection of Township 11 South and Township 12 South and Range 5 East 
and Range 6 East on the Three Sisters Quadrangle.
    (37) Then proceed north along the Range 5 East and Range 6 East 
range line approximately 5.5 miles to Pacheco Creek on the Pacheco Creek 
Quadrangle.
    (38) Then proceed northeast along Pacheco Creek approximately .5 
mile to the beginning point.

[T.D. ATF-407, 64 FR 3024, Jan. 20, 1999]

[[Page 228]]



Sec. 9.158  Mendocino Ridge.

    (a) Name. The name of the viticultural area described in this 
section is ``Mendocino Ridge.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Mendocino Ridge viticultural area are four 1:62,500 scale 
U.S.G.S. topographical maps. They are titled:
    (1) Ornbaun Valley Quadrangle, California, 15 minute series 
topographic map, 1960;
    (2) Navarro Quadrangle, California, 15 minute series topographic 
map, 1961;
    (3) Point Arena Quadrangle, California, 15 minute series topographic 
map, 1960;
    (4) Boonville Quadrangle, California, 15 minute series topographic 
map, 1959.
    (c) Boundary. The Mendocino Ridge viticultural area is located 
within Mendocino County, California. Within the boundary description 
that follows, the viticultural area starts at the 1200 foot elevation 
(contour line) and encompasses all areas at or above the 1200 foot 
elevation line. The boundaries of the Mendocino Ridge viticultural area, 
using landmarks and points of reference found on appropriate U.S.G.S. 
maps, follow.
    (1) Beginning at the Mendocino/Sonoma County line at the mouth of 
the Gualala River, where the Gualala River empties into the Pacific 
Ocean, in section 27 of Township 11 North (T11N), Range 5 West (R5W), 
located in the southeastern portion of U.S.G.S. 15 minute series map, 
``Point Arena, California;''
    (2) Then following the Mendocino/Sonoma County line eastward to the 
southeast corner of section 8 in T11N/R13W, on the U.S.G.S. 15 minute 
map, ``Ornbaun Valley, California;''
    (3) Then from the southeast corner of section 8 in T11N/R13W 
directly north approximately 3+ miles to the southwest corner of section 
9 in T12N/R13W;
    (4) Then proceeding in a straight line in a northwesterly direction 
to the southwestern corner of section 14 in T13N/R14W;
    (5) Then directly north along the western line of section 14 in 
T13N/R14W to a point on the western line of section 14 approximately \1/
4\ from the top where the Anderson Valley viticultural area boundary 
intersects the western line of section 14 in T13N/R14W;
    (6) Then in a straight line, in a northwesterly direction, to the 
intersection of an unnamed creek and the south section line of section 
14, T14N/R15W, on the U.S.G.S. 15 minute series map, ``Boonville, 
California;''
    (7) Then in a westerly direction along the south section lines of 
sections 14 and 15 in T14N/R15W to the southwest corner of section 15, 
T14N/R15W, on the U.S.G.S. 15 minute series map, ``Navarro, 
California;''
    (8) Then in a northerly direction along the western section lines of 
sections 15, 10, and 3 in T14N/R15W in a straight line to the 
intersection of the Navarro River on the western section line of section 
3 in T14N/R15W;
    (9) Then in a northwesterly direction along the Navarro River to the 
mouth of the river where it meets the Pacific Ocean in section 5 of 
T15N/R17W;
    (10) Then in a southern direction along the Mendocino County 
coastline to the Mendocino/Sonoma County line to the beginning point at 
the mouth of the Gualala River in section 27 of T11N/R15W, on the 
U.S.G.S. 15 minute series map, ``Point Arena, California.''

[T.D. ATF-392, 62 FR 55516, Oct. 27, 1997]



Sec. 9.159  Yorkville Highlands.

    (a) Name. The name of the viticultural area described in this 
section is ``Yorkville Highlands.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Yorkville Highlands viticultural area are the following six 
U.S.G.S. topographical maps (7.5 minute series, 1:24000 scale):
    (1) Gube Mountain, Calif., provisional edition 1991;
    (2) Big Foot Mountain, Calif., provisional edition 1991;
    (3) Cloverdale, Calif., 1960, photoinspected 1975;
    (4) Ornbaun Valley Quadrangle, Calif., provisional edition, 1991;
    (5) Yorkville, Calif., provisional edition, 1991;
    (6) Hopland, Calif., 1960, photoinspected 1975.
    (c) Boundary. The Yorkville Highlands viticultural area is located 
in Mendocino County, California. The boundary is as follows:

[[Page 229]]

    (1) The beginning point is Benchmark 680, located in Section 30, T. 
12 N., R. 13 W., on the Ornbaum Valley quadrangle map;
    (2) From the beginning point, the boundary proceeds in a straight 
line in a northeasterly direction to a point intersecting the North Fork 
of Robinson Creek and the Section 20, T. 13 N., R. 13 W.;
    (3) The boundary then proceeds in a straight line in a southeasterly 
direction to the summit of Sanel Mountain, located at the southeast 
corner of Section 30, T. 13 N., R. 12 W., on the Yorkville quadrangle 
map;
    (4) The boundary then proceeds in a straight line in a southeasterly 
direction until it reaches the southeast corner of Section 15, T. 12 N., 
R 11 W., on the Hopland quadrangle map;
    (5) The boundary then proceeds south, following the eastern 
boundaries of Sections 22 and 27, T. 12 N., R 11 W., until it reaches 
the Mendocino-Sonoma County line on the Cloverdale quadrangle map;
    (6) The boundary then follows the Mendocino-Sonoma county line west, 
south and west until it reaches the southwest corner of Section 32, T. 
12 N., R. 11 W.;
    (7) The boundary then diverges from the county line and proceeds in 
a northwesterly direction, traversing the Big Foot Mountain quadrangle 
map, until it reaches the southwest corner of Section 5, T. 12 N., R. 13 
W. on the Ornbaun Valley quadrangle map;
    (8) The boundary proceeds in a straight line in a northerly 
direction until it reaches the beginning point at Benchmark 680.

[T.D. ATF-397, 63 FR 16904, Apr. 7, 1998]



Sec. 9.160  Yountville.

    (a) Name. The name of the viticultural area described in this 
section is ``Yountville.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Yountville viticultural area are four 1:24,000 Scale U.S.G.S. 
topography maps. They are titled:
    (1) Napa, CA 1951 photorevised 1980;
    (2) Rutherford, CA 1951 photorevised 1968;
    (3) Sonoma, CA 1951 photorevised 1980;
    (4) Yountville, CA 1951 photorevised 1968.
    (c) Boundary. The Yountville viticultural area is located in the 
State of California, entirely within the Napa Valley viticultural area. 
The boundaries of the Yountville viticultural area, using landmarks and 
points of reference found on appropriate U.S.G.S. maps are as follows:
    (1) Beginning on the Rutherford quadrangle map at the intersection 
of the 500 foot contour line with an unnamed stream known locally as 
Hopper Creek north of the center of Section 3, T6N, R5W, Mount Diablo 
Meridan (MDM);
    (2) Then along the unnamed stream (Hopper Creek) southeasterly, and 
at the fork in Section 3, northeasterly along the stream to the point 
where the stream intersects with an unnamed dirt road in the northwest 
corner of Section 2, T6N, R5W, MDM;
    (3) Then in a straight line to the light duty road to the immediate 
northeast in Section 2, then along the light duty road in a 
northeasterly direction to the point at which the road turns 90 degrees 
to the left;
    (4) Then northerly along the light duty road 625 feet, then 
northeasterly (N 40 deg. by 43[foot]) in a straight line 1,350 feet, 
along the northern property line of Assessor's Parcel Number 27-380-08, 
to State Highway 29, then continuing in a straight line approximately 
500 feet to the peak of the 320 plus foot hill along the western edge of 
the Yountville hills;
    (5) Then east to the second 300 foot contour line, then along said 
contour line around the Yountville hills to the north to the point at 
which the 300 foot line exits the Rutherford quadrangle for the second 
time;
    (6) Then, on the Yountville quadrangle map, in a straight line in a 
northeasterly direction approximately N34 deg. by 30[foot] E 
approximately 1,000 feet to the 90 degree bend in the unimproved dirt 
road shown on the map, then along that road, which coincides with a 
fence line to the intersection of Conn Creek and Rector Creek;
    (7) Then along Rector Creek to the northeast past Silverado Trail to 
the Rector Reservoir spillway entrance, then south approximately 100 
feet to

[[Page 230]]

the 400 foot contour line, then southerly along the 400 foot contour 
line approximately 4200 feet to the intersection with a gully in section 
30, T7N, R4W, MDM;
    (8) Then southwesterly down the center of the gully approximately 
800 feet to the medium duty road known as Silverado Trail, then 
southeasterly along the Silverado Trail approximately 590 feet to the 
medium duty road known locally Yountville Cross Road;
    (9) Then southwesterly along the Yountville Cross Road (denoted as 
GRANT BDY on the map) approximately 4,700 feet to the main branch of the 
Napa River, then following the western boundary of the Stags Leap 
District viticultural area, first southerly down the center of the Napa 
River approximately 21,000 feet, then leaving the Napa River 
northeasterly in a straight line approximately 900 feet to the 
intersection of the Silverado Trail with an intermittent stream at the 
60 foot contour line in T6N, R4W, MDM;
    (10) Then along the Silverado Trail southerly approximately 3,200 
feet, passing into the Napa quadrangle, to a point which is east of the 
confluence of Dry Creek with the Napa River; then west approximately 600 
feet to said confluence; then northwesterly along Dry Creek 
approximately 3,500 feet, passing into the Yountville quadrangle to a 
fork in the creek; then northwesterly along the north fork of Dry Creek 
approximately 5,700 feet to the easterly end of the light duty road 
labeled Ragatz Lane;
    (11) Then southwesterly along Ragatz Lane to the west side of State 
Highway 29, then southerly along Highway 29 by 982 feet to the easterly 
extension of the north line boundary of Napa County Assessor's parcel 
number 034-170-015, then along the north line of APN 034-170-015 and its 
extension westerly 3,550 feet to the dividing line Between R4W and R5W 
on the Napa quadrangle, then southwesterly approximately 1000 feet to 
the peak denoted as 564 (which is about 5,500 feet easterly of the 
northwest corner of the Napa quadrangle); then southwesterly 
approximately 4,000 feet to the peak northeast of the reservoir gauging 
station denoted as 835;
    (12) Then southwesterly approximately 1,500 feet to the reservoir 
gauging station, then west to the 400 foot contour line on the west side 
of Dry Creek, then northwesterly along the 400 foot contour line to the 
point where the contour intersects the north line of Section 10. T6N, 
R5W, MDM, immediately adjacent to Dry Creek on the Rutherford, CA map;
    (13) Then northwesterly along Dry Creek approximately 6,500 feet to 
BM503, then northeasterly approximately 3,000 feet to the peak denoted 
as 1478, then southeasterly approximately 2,300 feet to the beginning of 
the creek known locally as Hopper Creek, then southeasterly along Hopper 
Creek approximately 2,300 feet to the point of beginning.

[T.D. ATF-410, 64 FR 13513, Mar. 19, 1999]



Sec. 9.162  Santa Rita Hills.

    (a) Name. The name of the viticultural area described in this 
section is ``Santa Rita Hills.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Santa Rita Hills viticultural area are five (5) U.S.G.S. 
Quadrangle 7.5 Minute Series maps titled:
    (1) ``Lompoc, Calif.,'' edition of 1959 (photorevised in 1982).
    (2) ``Lompoc Hills, Calif.,'' edition of 1959 (photoinspected 1971).
    (3) ``Los Alamos, Calif.,'' edition of 1959.
    (4) ``Santa Rosa Hills, Calif.,'' edition of 1959 (photoinspected 
1978).
    (5) ``Solvang, Calif.,'' edition of 1959 (photorevised 1982).
    (c) Boundary. The ``Santa Rita Hills'' viticultural area is located 
within Santa Barbara County, California. The boundary is as follows:
    (1) The beginning point is found on the Solvang, California U.S.G.S. 
Quadrangle map at an unnamed hilltop, elevation 1600 feet, in section 
27, T.6N, R. 32W, on the Solvang, Calif., Quadrangle U.S.G.S. map.
    (2) Then proceed north and slightly west 2.3 miles to an unnamed 
hilltop elevation 1174 feet, Section 15, T.6N., R. 32W.
    (3) Proceed west and slightly north 1.85 miles to an unnamed hilltop 
elevation 899 feet within the heart of the Santa Rosa Land Grant, T.7N., 
R. 32W,

[[Page 231]]

on the Santa Rosa Hills, Calif., Quadrangle U.S.G.S. map.
    (4) Proceed north approximately 2 miles to an unnamed hilltop 
elevation 1063 feet within the northeastern part of the Santa Rosa Land 
Grant, T.7N, R. 32W, on the Los Alamos, Calif., Quadrangle U.S.G.S. map.
    (5) Proceed northwest 1.1 miles to an unnamed hilltop elevation 961 
feet. Section 29, T.7N., R. 32W.
    (6) Proceed north and slightly east 1.1 miles to an unnamed 
elevation 1443 feet. Section 20, T. 7N., R. 32W.
    (7) Proceed west 1.4 miles to an unnamed hilltop elevation 1479 
feet. Section 24, T.7N., R. 33W.
    (8) Proceed north 1.2 miles to an unnamed hilltop elevation 1705 
feet. Section 13, T.7N., R. 33W.
    (9) Proceed northwest approximately 2 miles to an unnamed hilltop 
elevation 1543. Section 10, T.7N., R. 33W.
    (10) Proceed west and slightly south 1.6 miles to an unnamed hilltop 
elevation 935 feet within the northern section of the Santa Rosa Land 
Grant. T.7N., R. 33W.
    (11) Proceed south by southwest 1.5 miles to an unnamed hilltop 
elevation 605 feet in the northern section of the Santa Rosa Land Grant. 
T.7N., R. 33W.
    (12) Proceed west by southwest approximately 2 miles to the point 
where California Highway 246 intersects with the 200-foot elevation 
contour line comprising the western border of the Santa Rita Hills, 
within the Santa Rosa Land Grant. T.7N., R. 34W, on the Lompoc, Calif., 
Quadrangle U.S.G.S. map.
    (13) Proceed following the 200 foot elevation contour line south 
along the western border of the Santa Rita Hills to the extreme southern 
tip of the 200 foot elevation contour that is .6 miles due west of an 
unnamed hilltop 361 feet in elevation in the Canada de Salispuedes Land 
Grant. T.6N., R. 34W.
    (14) Proceed southeast 2.35 miles to an unnamed hilltop elevation 
1070 feet. Section 18, T.6N., R. 33W, on the Lompoc Hills, Calif., 
Quadrangle U.S.G.S. map.
    (15) Proceed east and slightly south 1.95 miles to an unnamed 
hilltop elevation 921 feet. Section 16, T.6N., R. 33W, on the Santa Rosa 
Hills, Calif., Quadrangle U.S.G.S. map.
    (16) Proceed east by southeast 1.35 miles to an unnamed hilltop 
elevation 1307 feet at intersection between Sections 22 and 23. T.6N., 
R. 33W.
    (17) Proceed east 2.35 miles to an unnamed hilltop elevation 1507 
feet in the southern area of the Santa Rosa Land Grant. T.6N., 32W.
    (18) Proceed east by southeast 2.1 miles to an unnamed hilltop 
elevation 1279 feet in the southern area of the Santa Rosa Land Grant. 
T.6N., 32W.
    (19) Then proceed east by southeast 1.45 miles to the point of the 
beginning.

[T.D. ATF-454, 66 FR 29479, May 31, 2001]



Sec. 9.164  River Junction.

    (a) Name. The name of the viticultural area described in this 
section is ``River Junction.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the River Junction viticultural area are the following two 
1:24,000 Scale U.S.G.S. topographical maps. They are titled:
    (1) Ripon, CA 1969, photorevised 1980;
    (2) Vernalis, CA 1969, photorevised 1980.
    (c) Boundaries. The River Junction AVA is located in southern San 
Joaquin County, California. The boundaries are as follows:
    (1) Beginning on the Vernalis, CA quadrangle map at the intersection 
of the secondary highway Airport Way and the San Joaquin River levee, 
near Benchmark 35 in T3S/R6E;
    (2) Then in a southeasterly direction, follow the levee along the 
San Joaquin River onto the Ripon, CA quadrangle map;
    (3) Then in a northerly direction around Sturgeon Bend in section 18 
T3S/R7E;
    (4) Then continuing in a generally southeasterly, then northeasterly 
direction along the levee adjoining the Stanislaus River through 
sections 19, 20 and 17 to the point where the levee intersects sections 
17 and 8;
    (5) Then continuing in a northerly direction along the levee in 
section 8 for approximately 1,000 feet;
    (6) Then in a straight line in a northwesterly direction for 
approximately 100 feet to the intersection with Division Road;

[[Page 232]]

    (7) Then in a southwesterly, then northwesterly direction along 
Division Road through sections 8, 17, 18 and 7 to the intersection with 
the secondary highway Airport Way;
    (8) Then in a southwesterly direction along Airport Way onto the 
Vernalis quadrangle map to the starting point at the intersection of 
Airport Way and the San Joaquin River levee T3S/R6E.

[T.D. ATF-452, 66 FR 23592, May 9, 2001]



Sec. 9.165  Applegate Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Applegate Valley.''
    (b) Approved maps. The appropriate map for determining the 
boundaries of the Applegate Valley viticultural area is one U.S.G.S. map 
titled ``Medford, Oregon; California'' (NK 10-5) scale 1:250,000 (1955, 
revised 1976).
    (c) Boundaries. The Applegate Valley viticultural area is located in 
the State of Oregon within Jackson and Josephine Counties, and entirely 
within the existing Rogue Valley viticultural area. The boundaries are 
as follows:
    (1) Beginning at the confluence of the Applegate River with the 
Rogue River approximately 5 miles west of Grants Pass, the boundary 
proceeds due west to the boundary of the Siskiyou National Forest north 
of Dutcher Creek;
    (2) Then in a straight line in a southerly and westerly direction 
along the boundary of the Siskiyou National Forest to Highway 199;
    (3) Then in a straight line easterly to the peak of Roundtop 
Mountain (4693 feet);
    (4) Then in a straight line easterly and southerly to the peak of 
Mungers Butte;
    (5) Then in a straight line southerly and westerly to Holcomb Peak;
    (6) Then in a generally southeasterly direction along the eastern 
boundary of the Siskiyou National Forest until it joins the northern 
boundary of the Rogue River National Forest;
    (7) Then easterly along the northern boundary of the Rogue River 
National forest to a point due south of the peak of Bald Mountain;
    (8) Then due north to the peak of Bald Mountain (5635 feet);
    (9) Then in a straight-line northerly and westerly to the lookout 
tower on Anderson Butte;
    (10) Then in a straight line northerly and westerly to the peak of 
an unnamed mountain with an elevation of 3181 feet;
    (11) Then in a straight line northerly and westerly to the peak of 
Timber Mountain;
    (12) Then in a straight line westerly and southerly to the middle 
peak of Billy Mountain;
    (13) Then, northerly and westerly by straight lines connecting a 
series of five unnamed peaks with elevations of approximately 3600, 
4000, 3800, 3400, and 3800 feet, respectively;
    (14) Then in a straight line northerly and easterly to Grants Pass 
Peak;
    (15) Then in a straight line westerly to Jerome Prairie;
    (16) Then in a straight line northwesterly to the confluence of the 
Applegate River and the Rogue River and the point of the beginning.

[T.D. ATF-434, 65 FR 78099, Dec. 14, 2000]



Sec. 9.166  Diamond Mountain District.

    (a) Name. The name of the viticultural area described in this 
section is ``Diamond Mountain District.''
    (b) Approved map. The appropriate maps for determining the boundary 
of the Diamond Mountain District viticultural area are two 1:24,000 
Scale U.S.G.S. topography maps. They are titled:
    (1) Mark West Springs, CA 1993
    (2) Calistoga, CA 1993.
    (c) Boundaries. The viticultural area is located in Napa County, 
California. The beginning point is where the boundary between Napa and 
Sonoma counties intersects Petrified Forest Road in Section 3 of 
Township 8 North, Range 7 West, Mount Diablo Base and Meridian on the 
Mark West Springs map;
    (1) Then north and east along Petrified Forest Road approximately 
1.9 miles to the point where it intersects the 400-foot contour just 
east of Section 35 of Township 9 North, Range 7 West, Mount Diablo Base 
and Meridian, in the Mallacomes land grant;
    (2) Then generally east southeast along the 400-foot contour 
approximately 6.5 miles to the point where it

[[Page 233]]

intersects Ritchey Creek in Section 3 of Township 8 North, Range 6 West, 
Mount Diablo Base and Meridian;
    (3) Then west southwest along Ritchey Creek approximately 2.2 miles 
to the point where it intersects the boundary between Sections 17 and 20 
of Township 8 North, Range 6 West, Mount Diablo Base and Meridian;
    (4) Then due west in a straight line along the section boundary 
approximately 0.8 miles to the point where it intersects the boundary 
between Napa and Sonoma Counties between Sections 18 and 19 of Township 
8 North, Range 6 West, Mount Diablo Base and Meridian;
    (5) Then generally northwest along the boundary between Napa and 
Sonoma Counties approximately 4.2 miles to the point where it intersects 
Petrified Forest Road, to the point of beginning.

[T.D. ATF-456, 66 FR 29698, June 1, 2001]



Sec. 9.167  Red Mountain

    (a) Name. The name of the viticultural area described in this 
section is ``Red Mountain.''
    (b) Approved maps. The appropriate map for determining the 
boundaries of the Red Mountain viticultural area is one U.S.G.S. map 
titled ``Benton City, Washington'' 7.5 minute series (topographic), 
(1974).
    (c) Boundaries. The Red Mountain viticultural area is located within 
Benton County, Washington, entirely within the existing Yakima Valley 
viticultural area. The boundaries are as follows:
    (1) The northwest boundary beginning on this map at the intersection 
of the 560-foot elevation level and the aqueduct found northwest of the 
center of section 32.
    (2) Then following the aqueduct east to its endpoint at an elevation 
of approximately 650-feet, again in section 32.
    (3) From this point in a straight line southeast to the 1173-foot 
peak, located southeast of the center of section 32.
    (4) From this peak southeast in a straight line across the lower 
southwest corner of section 33 to the 1253-foot peak located due north 
of the center of section 4.
    (5) Then in a straight line southeast to the 1410-foot peak located 
in the southwest corner of section 3.
    (6) From this peak in a straight line southeast to the border of 
sections 10 and 11 where the power line crosses these two sections. This 
intersection is northeast of the center of section 10 and northwest of 
the center of section 11.
    (7) From this point in a straight line south following the border of 
sections 10 and 11 to the corner of sections 10,11,15, and 14. This 
point has an elevation of 684 feet.
    (8) From this point southwest in a diagonal to the 700-foot 
elevation line and then following this 700-foot elevation through 
Section 15 and into section 16.
    (9) Then following the 700-foot elevation line southwest \1/4\ mile 
in a southwest diagonal until it meets the creek bed.
    (10) Following the creek bed southwest through section 16, across 
the extreme southeast corner of section 17 and into the northeast corner 
of section 20 to a point where the creek bed meets the 560-foot 
elevation point.
    (11) From this 560-foot elevation point, running north along this 
elevation line through section 17, through section 8, through section 5 
and through section 32 until meeting the beginning point at the aqueduct 
in section 32.

[T.D. ATF-448, 66 FR 18545, Apr. 10, 2001]



Sec. 9.168  Fair Play.

    (a) Name. The name of the viticultural area described in this 
section is ``Fair Play.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Fair Play viticultural area are three United States Geological 
Survey (U.S.G.S.) topographic maps (7.5 minute series; quadrangles). 
They are titled:
    (1) Omo Ranch, California, 1952 (photorevised 1973);
    (2) Aukum, California, 1952 (photorevised 1973);
    (3) Camino, California, 1952 (photorevised 1973).
    (c) Boundaries. The Fair Play viticultural area is located in El 
Dorado County, California and is located

[[Page 234]]

entirely within the existing Sierra Foothills and El Dorado viticultural 
areas. The boundary for Fair Play is as follows:
    (1) The beginning point of the boundary is the intersection of the 
Middle Fork of the Cosumnes River and the U.S.G.S. map section line 
between Sections 26 and 27, T. 9 N., R. 11 E. (``Aukum'' Quadrangle);
    (2) From the beginning point, the boundary follows northeast along 
the Middle Fork of the Cosumnes River until it meets an unnamed medium-
duty road (Mt. Aukum Road or El Dorado County Road E-16) just as it 
crosses onto the ``Camino'' Quadrangle map;
    (3) The boundary continues then northeast along Mt. Aukum Road to 
its intersection with Grizzly Flat Road at the town of Somerset 
(``Camino'' Quadrangle);
    (4) The boundary continues east along Grizzly Flat Road to its 
intersection with the 2200'' contour line.
    (5) The boundary continues along the 2200'' contour line north and 
then east until it intersects with the U.S.G.S. map section line between 
Sections 9 and 10, T. 9 N., R. 12 E. (``Camino'' Quadrangle):
    (6) The boundary then proceeds south along the U.S.G.S. map section 
line between Sections 9 and 10, T. 9 N., R. 12 E., to its intersection 
with the Middle Fork of the Cosumnes River (``Aukum'' Quadrangle);
    (7) The boundary then follows along the Middle Fork of the Cosumnes 
River in a southeasterly direction onto the ``Omo'' Quadrangle map and 
continues until it meets the range line between R. 12 E. and R. 13 E. 
(``Aukum'' Quadrangle and ``Omo Ranch'' Quadrangle);
    (8) The boundary then follows south along the range line between R. 
12 E. and R. 13 E. to its intersection with an unnamed medium-duty road 
in T. 8 N. (Omo Ranch Road) (``Omo Ranch'' Quadrangle);
    (9) The boundary then continues west in a straight line 
approximately 0.3 miles to the point where Cedar Creek intersects with 
the 3200-foot contour line, within Section 1, T. 8 N.,R. 12 E. (``Omo 
Ranch'' Quadrangle);
    (10) The boundary follows along Cedar Creek west and then southwest 
until it empties into Scott Creek (``Aukum'' Quadrangle);
    (11) The boundary then proceeds west along Scott Creek until it 
empties into the South Fork of the Cosumnes River (``Aukum'' 
Quadrangle);
    (12) The boundary continues west along the South Fork of the 
Cosumnes River to its intersection with the U.S.G.S. map section line 
between Sections 14 and 15, T. 8 N., R. 11 E. (``Aukum'' Quadrangle); 
and
    (13) Finally, the boundary follows north along the section line back 
to its intersection with the Middle Fork of the Cosumnes River, the 
point of the beginning. (``Aukum'' Quadrangle).

[T.D. ATF-440, 66 FR 11539, Feb. 26, 2001]



Sec. 9.170  Long Island.

    (a) Name. The name of the viticultural area described in this 
section is ``Long Island.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Long Island viticultural area are three United States Geological 
Survey (U.S.G.S.) topographic maps (Scale: 1:250,000). They are titled:
    (1) ``New York, N.Y.; N.J.; Conn.,'' 1960 (revised 1979);
    (2) ``Hartford, Conn.; N.Y.; N.J.; Mass.,'' 1962 (revised 1975); and
    (3) ``Providence, R.I.; Mass.; Conn.; N.Y.,'' 1947 (revised 1969).
    (c) Boundaries. The Long Island viticultural area includes 
approximately 1,170 square miles or 749,146 acres and is made up of the 
counties of Nassau and Suffolk, New York, including all off shore 
islands in those counties.

[T.D. ATF-453, 66 FR 26791, May 15, 2001]



Sec. 9.172  West Elks.

    (a) Name. The name of the viticultural area described in this 
section is ``West Elks.''
    (b) Approved maps. The appropriate maps for determining the boundary 
of the West Elks viticultural area are four United States Geological 
Survey (U.S.G.S.) topographic maps (Scale: 1:250,000). They are titled:
    (1) Lazear Quadrangle (Colorado-Delta Co. 1955 (photorevised 1978));
    (2) Hotchkiss Quadrangle (Colorado-Delta Co. 1965 (photorevised 
1979));

[[Page 235]]

    (3) Paonia Quadrangle (Colorado-Delta Co. 1965 (photorevised 1979); 
and
    (4) Bowie Quadrangle (Colorado-Delta Co. 1965 (photorevised 1978).
    (c) Boundaries. The West Elks viticultural area is located in 
eastern Delta County, Colorado. The beginning point is found on the 
``Bowie Quadrangle'' U.S.G.S. map at the \1/4\ corner common to Sections 
19 and 20, Township 13 South, Range 91 West (T. 13 S., R. 91 W.);
    (1) The boundary proceeds east following the center subdivision 
lines of Sections 20 and 21 to its intersection with Colorado Highway 
133;
    (2) Then northeasterly following Colorado Highway 133 to its 
intersection with the N-S center subdivision line of Section 14, T. 13 
S., R. 91 W., near Juanita Junction;
    (3) Then south following the center subdivision line to its 
intersection with the North Fork of the Gunnison River;
    (4) Then southwesterly following the North Fork of the Gunnison 
River to its intersection with the Stewart Ditch in the extreme southern 
part of Section 15, T. 13 S., R. 91 W.;
    (5) Then southwesterly following the Stewart Ditch to its 
intersection with the section line common to Sections 21 and 28, T. 13 
S., R. 91 W.;
    (6) Then east following the section line common to Sections 21 and 
28 to its intersection with the 6000 foot contour;
    (7) Then southerly following the 6000 foot contour to its second 
intersection with the section line common to Sections 3 and 4, T. 14 S., 
R. 91 W., located on the Paonia, Colo. U.S.G.S. map;
    (8) Then south following the section line common to Sections 3 and 4 
to its intersection with the 6200 foot contour;
    (9) Then southerly following the 6200 foot contour to its 
intersection with the section line common to Sections 16 and 17, T. 14 
S., R. 91 W.;
    (10) Then south following the section line common to Sections 16 and 
17 to the point of intersection of Sections 16, 17, 20 and 21;
    (11) Then west following the section line common to Sections 17 and 
20 to the point of intersection of Sections 17, 18, 19 and 20;
    (12) Then south following the section line common to Sections 19 and 
20 to the N1/16 corner common to Sections 19 and 20;
    (13) Then west following the subdivision line across Section 19 to 
the N1/16 corner common to Section 19, T. 14 S., R. 91 W. and Section 
24, T, 14 S., R. 92 W.;
    (14) Then south following the range line between R. 91 W. and R. 92 
W. to the point of intersection between Sections 19 and 30, T. 14 S., R. 
91 W. and Sections 24 and 25, T. 14 S., R. 92 W.;
    (15) Then west following the section line common to Sections 24 and 
25 to the point of intersection between Sections 23, 24, 25 and 26, 
located on the Hotchkiss, Colo. U.S.G.S. map;
    (16) Then south following the section line common to Sections 25 and 
26 to the point of intersection between Sections 25, 26, 35 and 36;
    (17) Then west following the section lines common to Sections 26 and 
35 and Sections 27 and 34 to the point of intersection between Sections 
27, 28, 33 and 34;
    (18) Then south following the section line common to Sections 33 and 
34 to the point of intersection between Sections 33 and 34, T. 14 S., R. 
92 W. and Sections 3 and 4, T. 15 S., R. 92 W.;
    (19) Then west following the township line between T. 14 S. and T. 
15 S. approximately three miles to the point of intersection between 
Section 31, T. 14 S., R. 92 W., Section 6, T. 15 S., R. 92 W., Section 
1, T. 15 S., R. 93 W., and Section 36, T. 14 S., R. 93 W.;
    (20) Then south following the range line between R. 92 W. and R. 93 
W. to the point of intersection between Sections 6 and 7, T. 15 S., R. 
92 W. and Sections 1 and 12, T. 15 S., R. 93 W.;
    (21) Then west following the section lines common to Sections 1 and 
12 and Sections 2 and 11 to its intersection with the North Fork of the 
Gunnison River, located on the Lazear, Colo. U.S.G.S. map;
    (22) Then westerly following the North Fork of the Gunnison River to 
its intersection with Big Gulch in the extreme northeastern corner of 
Section 6, T. 15 S., R. 93 W.;
    (23) Then northerly following Big Gulch to its intersection with the 
section line common to Sections 17 and 18, T. 14 S., R. 93 W.;

[[Page 236]]

    (24) Then north following the section lines common to Sections 17 
and 18, Sections 7 and 8, and Sections 5 and 6 to the point of 
intersection between Sections 5 and 6, T. 14 S., R. 93 W. and Sections 
31 and 32, T. 13 S., R. 93 W.;
    (25) Then east following the township line between T. 13 S. and T. 
14 S. approximately two miles to the point of intersection between 
Sections 3 and 4, T. 14 S., R. 93 W. and Sections 33 and 34, T. 13 S., 
R. 93 W.;
    (26) Then south following the section line common to Sections 3 and 
4 to the point of intersection between Sections 3, 4, 9 and 10;
    (27) Then east following the section lines for approximately 6 miles 
to the point of intersection between Sections 3, 4, 9 and 10, T. 14 S., 
R. 92 W., located on the Hotchkiss, Colo. U.S.G.S. map;
    (28) Then north following the section line common to Sections 3 and 
4 to the point of intersection between Sections 3 and 4, T. 14 S., R. 92 
W. and Sections 33 and 34, T. 13 S., R. 92 W.;
    (29) Then east following the township line between T. 13 S. and T. 
14 S. to its intersection with the Fire Mountain Canal in the 
southwestern corner of Section 35, T. 13 S., R. 92 W.;
    (30) Then northeasterly following the Fire Mountain Canal through 
the extreme northwest corner of the Paonia, Colo. U.S.G.S. map to its 
intersection with the section line common to Sections 29 and 30, T. 13 
S., R. 91 W., located on the Bowie, Colo. U.S.G.S. map;
    (31) Then north following the section lines common to Sections 29 
and 30 and Sections 19 and 20 to the 1/4 corner common to Sections 19 
and 20, the point of beginning.

[T.D. ATF-445, 66 FR 13430, Mar. 6, 2001]



Sec. 9.173  Rockpile.

    (a) Name. The name of the viticultural area described in this 
section is ``Rockpile''.
    (b) Approved maps. The appropriate maps for determining the boundary 
of the Rockpile viticultural area are four 1:24,000 Scale U.S.G.S. 
topographic maps. They are titled:
    (1) Warm Springs Dam Quadrangle, CA--Sonoma Co. 1978;
    (2) Cloverdale Quadrangle, CA 1975;
    (3) Tombs Creek Quadrangle, CA--Sonoma Co. 1978; and
    (4) Big Foot Mountain Quadrangle, CA 1991.
    (c) Boundary. The Rockpile viticultural area is located in 
northwestern Sonoma County, California. The boundary encircles the 
Rockpile Ranch area, located west of Lake Sonoma. The point of beginning 
is the intersection of Rockpile Road and the Section 15 east boundary 
line, T 10 N, R 11 W (Warm Springs Dam Quadrangle);
    (1) Then proceed straight north to the 800-foot contour line, 
Section 10, T 10 N, R 11 W (Warm Springs Dam Quadrangle);
    (2) Then proceed west along the 800-foot contour line through 
Sections 10, 9, 4, 5, and 32 to the Section 31 east boundary line, T 11 
N, R 11 W (Warm Springs Dam and Cloverdale Quadrangles);
    (3) Then proceed west along the 800-foot contour line in Section 31, 
following the line as it reverses from the west to the east direction, 
returning to the east boundary of Section 31, T 11 N, R 11 W (Cloverdale 
and Big Foot Mountain Quadrangles);
    (4) Then proceed along the 800-foot contour line east through 
Section 32 and northwest through Sections 33, 32, 29, 30, 25, 24, 23, 
14, 15, 22, 21, and 20 to the east boundary line of Section 19, T 11 N, 
R 12 W (Cloverdale and Big Foot Mountain Quadrangles);
    (5) Then proceed west, north, south and east along the meandering 
800-foot contour line, in a loop, crossing the southwest and northwest 
headwaters of Galloway Creek, and returning to the east boundary line of 
Section 19, T 11 N, R 12 W (Big Foot Mountain Quadrangle);
    (6) Then proceed straight north to the Mendocino-Sonoma county 
boundary line, then follow the county line straight west to the R 13 and 
12 W line, and continue straight south to the 1,600-foot contour line in 
the Section 19 southwest corner, T 11 N, R 12 W (Big Foot Mountain 
Quadrangle);
    (7) Then proceed southeast along the meandering 1,600-foot contour 
line to the Section 29 west boundary line, and continue straight south 
to the T 11 and 10 N boundary line, R 12 W (Big Foot Mountain 
Quadrangle);

[[Page 237]]

    (8) Then proceed east along the T 11 and 10 N boundary line to the 
Section 1 west boundary line, R 12 W (Big Foot Mountain Quadrangle);
    (9) Then proceed south along the Section 1 west boundary line, 
turning east at the Section 1 south boundary and continue east to the 
northwest corner of Section 8, T 10 N, R 11 W (Big Foot Mountain, Tombs 
Creek and Warm Springs Dam Quadrangles);
    (10) Then proceed south along the west boundary of Section 8, 
turning east at its southwest corner, and continue east to the 876-foot 
elevation marker, T 10 N, R 11 W (Warm Springs Dam Quadrangle);
    (11) Then proceed straight south approximately 2,000 feet to the 
800-foot contour line, T 10 N, R 11 W (Warm Springs Dam Quadrangle);
    (12) Then follow the 800-foot contour line as it meanders west, 
southeast, southwest, and east to the Section 14 west boundary, and then 
straight north, returning to the point of beginning at Rockpile Road, T 
10 N, R 11 W (Warm Springs Dam Quadrangle).

[T.D. ATF-473, 67 FR 9193, Feb. 28, 2002]



Sec. 9.174  Yadkin Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Yadkin Valley''.
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Yadkin Valley viticultural area are two United States 
Geological Survey (USGS) topographic maps, scale 1:250,000:
    (1) Winston-Salem, N.C.; VA; Tenn. (1953, Limited Revision 1962), 
and,
    (2) Charlotte, North Carolina; South Carolina. (1953, Revised 1974).
    (c) Boundaries. The Yadkin Valley viticultural area is located in 
the State of North Carolina within Wilkes, Surry, Yadkin and portions of 
Stokes, Forsyth, Davidson, and Davie Counties. The boundaries are as 
follows:
    (1) On the Winston-Salem, N.C.; VA; Tenn. map, the beginning point 
is 3.6 miles west of the northeast corner of Surry County on the Surry 
County and North Carolina/Virginia state line at the crest of Slate 
Mountain. From the beginning point, proceed southeast in a straight line 
approximately 6.5 miles to the intersection of the Surry/Stokes County 
line and State Route 89;
    (2) Then bear southeast in a straight line for approximately 9 miles 
to the line's intersection with State Route 66 in the village of Gap 
(between Sauratown and Hanging Rock Mountains);
    (3) Then bear south, following State Route 66 for approximately 9 
miles to intersection of State Route 66 and U.S. Route 52;
    (4) Then, for approximately 9.5 miles, follow U.S. Route 52 south 
through Rural Hall and Stanelyville, to the intersection of the Southern 
Railway track and U.S. Route 52;
    (5) Then bear southerly for approximately 2 miles, following the 
Southern Railway track to where it intersects with U.S. Route 52 in 
Winston-Salem;
    (6) Then follow U.S. Route 52 south for approximately 19.5 miles, 
crossing on to the Charlotte, North Carolina; South Carolina map, to its 
intersection with Interstate 85 at Lexington;
    (7) Then, follow Interstate 85 southwest for approximately 11 miles 
to the Yadkin River and bear northwest approximately 4.5 miles along the 
Yadkin River to the mouth of the South Yadkin River;
    (8) Follow the South Yadkin River upstream in a generally northwest 
direction approximately 3.5 miles to its intersection with U.S. Route 
601;
    (9) Then continue in a northerly direction, following U.S. Route 601 
through the town of Mocksville, onto the Winston-Salem, N.C.; VA; Tenn. 
map approximately 20 miles to the Davie/Yadkin County line;
    (10) Then, following a series of county lines, continue west along 
the Yadkin/Davie County line to the Yadkin/Davie/Iredell County line 
intersection, then follow the Yadkin/Iredell County line to the Yadkin/
Iredell/Wilkes County line intersection, then follow the Iredell/Wilkes 
County line to the Iredell/Wilkes/Alexander County line intersection, 
then follow the Wilkes/Alexander County line to the Wilkes/Alexander/
Caldwell County line intersection;
    (11) Then bear northwesterly along the Wilkes/Caldwell County line, 
to the Wilkes/Caldwell/Watauga County intersection;

[[Page 238]]

    (12) Then bear northerly along the Wilkes/Watauga County line to the 
intersection of the Wilkes/Watauga/Ashe County lines;
    (13) Then bear generally northeasterly along the Wilkes/Ashe County 
line, to the Wilkes/Ashe/Alleghany County line intersection;
    (14) Then bear generally easterly along the Wilkes/Alleghany County 
line to the Wilkes/Alleghany/Surry County line intersection;
    (15) Then bear northerly along Alleghany/Surry County line to the 
intersection of the Alleghany/Surry County line and the North Carolina/
Virginia border;
    (16) Then bear east along the North Carolina/Virginia State line 
approximately 22.5 miles, returning to the point of beginning 3.6 miles 
west of the northeast corner of Surry County.

[T.D. ATF-485, 67 FR 72839, Dec. 9, 2002]



Sec. 9.176  Capay Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Capay Valley''.
    (b) Approved maps. The appropriate map for determining the boundary 
of the Capay Valley viticultural area is the United States Geological 
Survey (U.S.G.S.) topographic map titled: 30X60 Minute Quadrangle 
(Healdsburg, California 1972) (Scale: 1:100,000).
    (c) Boundaries. The Capay Valley viticultural area is located in 
Yolo County, California. The beginning point is the junction of the 
Yolo, Napa, and Lake County lines.
    (1) From the beginning point, proceed north then east along the 
Yolo-Lake County line;
    (2) At the junction of the Yolo, Lake, and Colusa County lines, 
continue east along the Yolo-Colusa County line to its junction with the 
boundary between ranges R4W and R3W;
    (3) Then south along the R4W and R3W boundary to its junction with 
the 250 meter contour line;
    (4) Proceed generally southeast along the meandering 250 meter 
contour line to its junction with the T10N-T11N section line;
    (5) Continue east along the T10N-T11N section line to the unnamed 
north-south secondary highway known locally as County Road 85;
    (6) Then south along County Road 85, crossing Cache Creek, to its 
intersection with State Highway 16;
    (7) Proceed east on Highway 16 to its junction with the unnamed 
north-south light duty road known locally as County Road 85B;
    (8) Then south on County Road 85B to its junction with the unnamed 
east-west light duty road known locally as County Road 23;
    (9) Proceed west on County Road 23 for approximately 500 feet to an 
unnamed light duty road known locally as County Road 85;
    (10) Proceed south on County Road 85 until the road ends and 
continue south in a straight line to the T9N-T10N section line;
    (11) Then west on the T9N-T10N section line to the Napa-Yolo County 
line;
    (12) Continue northwest following the Napa-Yolo county line and 
return to the starting point.

[T.D. ATF-486, 67 FR 77924, Dec. 20, 2002]



PART 10--COMMERCIAL BRIBERY--Table of Contents




                     Subpart A--Scope of Regulations

Sec.
10.1  General.
10.2  Territorial extent.
10.3  Application.
10.4  Jurisdictional limits.
10.5  Delegations of the Director.
10.6  Administrative provisions.

                         Subpart B--Definitions

10.11  Meaning of terms.

                      Subpart C--Commercial Bribery

10.21  Commercial bribery.
10.22  Employee associations.
10.23  Gifts or payments to wholesalers.
10.24  Sales promotion contests.

                          Subpart D--Exclusion

10.51  Exclusion, in general.
10.52  Practice which puts trade buyer independence at risk.
10.53  Practices not resulting in exclusion. [Reserved]
10.54  Criteria for determining trade buyer independence.

    Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C. 
3504(h).

    Source: T.D. ATF-74, 45 FR 63257, Sept. 30, 1980, unless otherwise 
noted.

[[Page 239]]



                     Subpart A--Scope of Regulations



Sec. 10.1  General.

    The regulations in this part, issued pursuant to section 105 of the 
Federal Alcohol Administration Act (27 U.S.C. 205), specify practices 
which may result in violations of section 105(c) of the Act and criteria 
for determining whether a practice is a violation of section 105(c) of 
the Act. This part does not attempt to enumerate all of the practices 
prohibited by section 105(c) of the Act. Nothing in this part shall 
operate to exempt any person from the requirements of any State law or 
regulation.

[T.D. ATF-364, 60 FR 20426, Apr. 26, 1995]



Sec. 10.2  Territorial extent.

    This part applies to the several States of the United States, the 
District of Columbia, and Puerto Rico.



Sec. 10.3  Application.

    (a) General. The regulations in this part apply to transactions 
between industry members and employees, officers, or representatives of 
trade buyers.
    (b) Transactions involving State agencies. The regulations in this 
part apply only to transactions between industry members and employees 
of State agencies operating as retailers, wholesalers, or both. The 
regulations do not apply to State agencies with regard to their dealings 
with employees, officers, or representatives of trade buyers.



Sec. 10.4  Jurisdictional limits.

    (a) General. The regulations in this part apply where:
    (1) The industry member induces a trade buyer to purchase distilled 
spirits, wine, or malt beverages from such industry member to the 
exclusion, in whole or in part, of products sold or offered for sale by 
other persons in interstate or foreign commerce; and
    (2) If: (i) The inducement is made in the course of interstate or 
foreign commerce; or
    (ii) The industry member engages in the practice of using an 
inducement to such an extent as substantially to restrain or prevent 
transactions in interstate or foreign commerce in any such products; or
    (iii) The direct effect of the inducement is to prevent, deter, 
hinder, or restrict other persons from selling or offering for sale any 
such products to such retailer in interstate or foreign commerce.
    (b) Malt beverages. In the case of malt beverages, this part applies 
to transactions between an employee, officer, or representative of a 
trade buyer in any State and a brewer, importer, or wholesaler of malt 
beverages inside or outside such State only to the extent that the law 
of such State imposes requirements similar to the requirements of 
section 5(c) of the Federal Alcohol Administration Act (27 U.S.C. 
205(c)), with respect to similar transactions between an employee, 
officer, or representative of a trade buyer in such State and a brewer, 
importer, or wholesaler of malt beverages in such State.

[T.D. ATF-74, 45 FR 63257, Sept. 30, 1980, as amended by T.D. ATF-364, 
60 FR 20426, Apr. 26, 1995]



Sec. 10.5  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in this 
part 10 are delegated to appropriate ATF officers. These ATF officers 
are specified in ATF Order 1130.7, Delegation Order--Delegation of the 
Director's Authorities in 27 CFR Parts 6, 8, 10 and 11. ATF delegation 
orders, such as ATF Order 1130.7, are available to any interested person 
by mailing a request to the ATF Distribution Center, P.O. Box 5950, 
Springfield, Virginia 22150-5190, or by accessing the ATF web site 
(http://www.atf.treas.gov/).

[T.D. ATF-428, 65 FR 52020, Aug. 28, 2000]



Sec. 10.6  Administrative provisions.

    (a) General. The Act makes applicable the provisions including 
penalties of sections 49 and 50 of Title 15, United States Code, to the 
jurisdiction, powers and duties of the Director under this Act, and to 
any person (whether or not a corporation) subject to the provisions of 
law administered by the Director under this Act. The Act also provides 
that the Director is authorized to require, in such manner and such form 
as he or she shall prescribe, such reports as are necessary to carry out 
the powers and duties under this chapter.

[[Page 240]]

    (b) Examination and subpoena. Any appropriate ATF officer shall at 
all reasonable times have access to, for the purpose of examination, and 
the right to copy any documentary evidence of any person, partnership, 
or corporation being investigated or proceeded against. An appropriate 
ATF officer shall also have the power to require by subpoena the 
attendance and testimony of witnesses and the production of all such 
documentary evidence relating to any matter under investigation, upon a 
satisfactory showing the requested evidence may reasonably be expected 
to yield information relevant to any matter being investigated under the 
Act.
    (c) Reports required by the appropriate ATF officer--(1) General. 
The appropriate ATF officer may, as part of a trade practice 
investigation of an industry member, require such industry member to 
submit a written report containing information on sponsorships, 
advertisements, promotions, and other activities pertaining to its 
business subject to the Act conducted by, or on behalf of, or benefiting 
the industry member.
    (2) Preparation. The report will be prepared by the industry member 
in letter form, executed under the penalties of perjury, and will 
contain the information specified by the appropriate ATF officer. The 
period covered by the report will not exceed three years.
    (3) Filing. The report will be filed in accordance with the 
instructions of the appropriate ATF officer.

(Approved by the Office of Management and Budget under control number 
1512-0392)

[T.D. ATF-364, 60 FR 20426, Apr. 26, 1995. Redesignated and amended by 
T.D. ATF-428, 65 FR 52020, Aug. 28, 2000]



                         Subpart B--Definitions



Sec. 10.11  Meaning of terms.

    As used in this part, unless the context otherwise requires, terms 
have the meanings given in this section. Any other term defined in the 
Federal Alcohol Administration Act and used in this part shall have the 
meaning assigned to it by that Act.
    Act. The Federal Alcohol Administration Act.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of this part by ATF Order 
1130.7, Delegation Order--Delegation of the Director's Authorities in 27 
CFR parts 6, 8, 10 and 11.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Industry member. Any person engaged in business as a distiller, 
brewer, recitifier, blender, or other producer, or as an importer or 
wholesaler of distilled spirits, wine or malt beverages, or as a 
bottler, or warehouseman and bottler, of distilled spirits; industry 
member does not include an agency of a State or political subdivision 
thereof, or an officer or employee of such agency.
    Officer. All corporate executives, including presidents, vice 
presidents, treasurers, and chief executive officers.
    Product. Distilled spirits, wine or malt beverages, as defined in 
the Federal Alcohol Administration Act.
    Trade buyer. Any person who is a wholesaler or retailer of distilled 
spirits, wine, or malt beverages.

[T.D. ATF-74, 45 FR 63257, Sept. 30, 1980, as amended by T.D. ATF-364, 
60 FR 20426, Apr. 26, 1995; T.D. ATF-428, 65 FR 52020, Aug. 28, 2000]



                      Subpart C--Commercial Bribery



Sec. 10.21  Commercial bribery.

    It is unlawful for an industry member, directly or indirectly or 
through an affiliate, to induce a trade buyer to purchase the industry 
member's products, to the complete or partial exclusion of products sold 
or offered for sale by other persons in interstate or foreign commerce, 
by offering or giving a bonus, premium, compensation, or other thing of 
value to any officer, employee, or representative of the trade buyer. 
The bonus, premium, compensation, or other thing of value need not be 
offered or given for the purpose of

[[Page 241]]

directly inducing a trade buyer to purchase from the seller, but rather 
is applicable if an industry member induces officers, employees or 
representatives of the trade buyer to promote sales of the industry 
member's products and thereby indirectly induces the trade buyer to 
purchase from the industry member.



Sec. 10.22  Employee associations.

    Gifts, donations, and other payments such as for advertising in 
publications, by an industry member, to trade buyer employee 
associations are considered the same as bonuses, premiums, compensation, 
or other things of value given directly to the employees, since the 
benefits resulting from the gifts or payments flow to the individual 
members of the association.



Sec. 10.23  Gifts or payments to wholesalers.

    Although industry members are not prohibited from offering or giving 
money or other things of value to a wholesale entity (i.e., the 
corporation, partnership, or individual who owns the business), the 
wholesaler will be considered as acting as a mere conduit between its 
officers, employees, or representatives and the industry member, if:
    (a) There is an agreement or understanding, implied or explicit, 
that the money or thing of value will be passed on to the officers, 
employees, or representatives, or
    (b) It is obvious by the very nature of the item given (such as a 
free trip) that a pass through to the officers, employees, or 
representatives is clearly contemplated, or
    (c) The records of the recipient wholesaler do not accurately 
reflect such money or item as an asset or the wholesale entity, thus 
being subject to all ensuing tax consequences as distinguished from the 
receipt of the money or item as a personal asset of an officer, 
employee, or representative.



Sec. 10.24  Sales promotion contests.

    Sales contests sponsored by an industry member which offer prizes 
directly or indirectly to trade buyer officers, employees or 
representatives are inducements within the meaning of the Act.



                          Subpart D--Exclusion

    Source: T.D. ATF-364, 60 FR 20427, Apr. 26, 1995, unless otherwise 
noted.



Sec. 10.51  Exclusion, in general.

    (a) Exclusion, in whole or in part occurs:
    (1) When a practice by an industry member, whether direct, indirect, 
or through an affiliate, places (or has the potential to place) trade 
buyer independence at risk by means of a tie or link between the 
industry member and trade buyer or by any other means of industry member 
control over the trade buyer, and
    (2) Such practice results in the trade buyer purchasing less than it 
would have of a competitor's product.
    (b) Section 10.52 lists practices that create a tie or link that 
places trade buyer independence at risk. Section 10.53 is reserved and 
will list practices not resulting in exclusion. Section 10.54 lists the 
criteria used for determining whether other practices can put trade 
buyer independence at risk.



Sec. 10.52  Practice which puts trade buyer independence at risk.

    The practice specified in this section is deemed to place trade 
buyer independence at risk within the description of exclusion in 
Sec. 10.51: Industry member payments of money to the employee(s) of a 
trade buyer without the knowledge or consent of the trade buyer-employer 
in return for the employee agreeing to order distilled spirits, wine, or 
malt beverages from the industry member. The practice enumerated here is 
an example and does not constitute a complete list of those situations 
which result in such control.



Sec. 10.53  Practices not resulting in exclusion. [Reserved]



Sec. 10.54  Criteria for determining trade buyer independence.

    The criteria specified in this section are indications that a 
particular practice between an industry member and an officer, employee, 
or representative of a trade buyer, other than those in

[[Page 242]]

Sec. 10.52, places trade buyer independence at risk. A practice need not 
meet all of the criteria specified in this section in order to place 
trade buyer independence at risk.
    (a) The practice restricts or hampers the free economic choice of a 
trade buyer to decide which products to purchase or the quantity in 
which to purchase them for sale to retailers and consumers.
    (b) The industry member obligates the trade buyer to participate in 
the promotion to obtain the industry member's product.
    (c) The trade buyer has a continuing obligation to purchase or 
otherwise promote the industry member's product.
    (d) The trade buyer has a commitment not to terminate its 
relationship with the industry member with respect to purchase of the 
industry member's products.
    (e) The practice involves the industry member in the day-to-day 
operations of the trade buyer. For example, the industry member controls 
the trade buyer's decisions on which brand of products to purchase, the 
pricing of products, or the manner in which the products will be 
displayed on the trade buyer's premises.
    (f) The practice is discriminatory in that it is not offered to all 
trade buyers in the local market on the same terms without business 
reasons present to justify the difference in treatment.



PART 11--CONSIGNMENT SALES--Table of Contents




                     Subpart A--Scope of Regulations

Sec.
11.1  General.
11.2  Territorial extent.
11.3  Application.
11.4  Jurisdictional limits.
11.5  Delegations of the Director.
11.6  Administrative provisions.

                         Subpart B--Definitions

11.11  Meaning of terms.

                 Subpart C--Unlawful Sales Arrangements

11.21  General.
11.22  Consignment sales.
11.23  Sales conditioned on the acquisition of other products.
11.24  Other than a bona fide sale.

  Subpart D--Rules for the Return of Distilled Spirits, Wine, and Malt 
                                Beverages

11.31  General.

     Exchanges and Returns for Ordinary and Usual Commercial Reasons

11.32  Defective products.
11.33  Error in products delivered.
11.34  Products which may no longer be lawfully sold.
11.35  Termination of business.
11.36  Termination of franchise.
11.37  Change in product.
11.38  Discontinued products.
11.39  Seasonal dealers.

   Exchanges and Returns for Reasons Not Considered Ordinary and Usual

11.45  Overstocked and slow-moving products.
11.46  Seasonal products.

    Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205.

    Source: T.D. ATF-74, 45 FR 63258, Sept. 23, 1980, unless otherwise 
noted.



                     Subpart A--Scope of Regulations



Sec. 11.1  General.

    The regulations in this part, issued pursuant to section 105 of the 
Federal Alcohol Administration Act (27 U.S.C. 205), specify arrangements 
which are consignment sales under section 105(d) of the Act and contain 
guidelines concerning return of distilled spirits, wine and malt 
beverages from a trade buyer. This part does not attempt to enumerate 
all of the practices prohibited by section 105(d) of the Act. Nothing in 
this part shall operate to exempt any person from the requirements of 
any State law or regulation.

[T.D. ATF-364, 60 FR 20427, Apr. 26, 1995]



Sec. 11.2  Territorial extent.

    This part applies to the several States of the United States, the 
District of Columbia, and Puerto Rico.



Sec. 11.3  Application.

    (a) General. The regulations in this part apply to transactions 
between industry members and trade buyers.
    (b) Transactions involving State agencies. The regulations in this 
part apply to transactions involving State agencies operating as 
retailers or wholesalers.

[[Page 243]]



Sec. 11.4  Jurisdictional limits.

    (a) General. The regulations in this part apply where:
    (1) The industry member sells, offers for sale, or contracts to sell 
to a trade buyer engaged in the sale of distilled spirits, wines, or 
malt beverages, or for any such trade buyer to purchase, offer to 
purchase, or contract to purchase, any such products on consignment or 
under conditional sale or with the privilege of return or on any basis 
other than a bona fide sale, or where any part of such transaction 
involves, directly or indirectly, the acquisition by such person from 
the trade buyer or the agreement to acquire from the trade buyer other 
distilled spirits, wine, or malt beverages; and,
    (2) If: (i) The sale, purchase, offer or contract is made in the 
course of interstate or foreign commerce; or
    (ii) The industry member engages in using the practice to such an 
extent as substantially to restrain or prevent transactions in 
interstate or foreign commerce in any such products; or
    (iii) The direct effect of the sale, purchase, offer or contract is 
to prevent, deter, hinder, or restrict other persons from selling or 
offering for sale any such products to such trade buyer in interstate or 
foreign commerce.
    (b) Malt beverages. In the case of malt beverages, this part applies 
to transactions between a retailer in any State and a brewer, importer, 
or wholesaler of malt beverages inside or outside such State only to the 
extent that the law of such State imposes requirements similar to the 
requirements of section 5(d) of the Federal Alcohol Administration Act 
(27 U.S.C. 205(d)), with respect to similar transactions between a 
retailer in such State and a brewer, importer, or wholesaler of malt 
beverages in such State.



Sec. 11.5  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in this 
part 11 are delegated to appropriate ATF officers. These ATF officers 
are specified in ATF Order 1130.7, Delegation Order--Delegation of the 
Director's Authorities in 27 CFR Parts 6, 8, 10 and 11. ATF delegation 
orders, such as ATF Order 1130.7, are available to any interested person 
by mailing a request to the ATF Distribution Center, P.O. Box 5950, 
Springfield, Virginia 22150-5190, or by accessing the ATF web site 
(http://www.atf.treas.gov/).

[T.D. ATF-428, 65 FR 52021, Aug. 28, 2000]



Sec. 11.6  Administrative provisions.

    (a) General. The Act makes applicable the provisions including 
penalties of sections 49 and 50 of Title 15, United States Code, to the 
jurisdiction, powers and duties of the Director under this Act, and to 
any person (whether or not a corporation) subject to the provisions of 
law administered by the Director under this Act.
    (b) Examination and subpoena. Any appropriate ATF officer shall at 
all reasonable times have access to, for the purpose of examination, and 
the right to copy any documentary evidence of any person, partnership, 
or corporation being investigated or proceeded against. An appropriate 
ATF officer shall also have the power to require by subpoena the 
attendance and testimony of witnesses and the production of all such 
documentary evidence relating to any matter under investigation, upon a 
satisfactory showing the requested evidence may reasonably be expected 
to yield information relevant to any matter being investigated under the 
Act.

[T.D. ATF-364, 60 FR 20427, Apr. 26, 1995. Redesignated and amended by 
T.D. ATF-428, 65 FR 52021, Aug. 28, 2000]



                         Subpart B--Definitions



Sec. 11.11  Meaning of terms.

    As used in this part, unless the context otherwise requires, terms 
have the meanings given in this section. Any other term defined in the 
Federal Alcohol Administration Act and used in this part shall have the 
meaning assigned to it by that Act.
    Act. The Federal Alcohol Administration Act.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of

[[Page 244]]

this part by ATF Order 1130.7, Delegation Order--Delegation of the 
Director's Authorities in 27 CFR parts 6, 8, 10 and 11.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Exchange. The transfer of distilled spirits, wine, or malt beverages 
from a trade buyer to an industry member with other products taken as a 
replacement.
    Industry member. Any person engaged in business as a distiller, 
brewer, rectifier, blender, or other producer, or as an importer or 
wholesaler of distilled spirits, wine or malt beverages, or as a bottler 
or warehouseman and bottler, of distilled spirits.
    Product. Distilled spirits, wine or malt beverages, as defined in 
the Federal Alcohol Administration Act.
    Retailer. Any person engaged in the sale of distilled spirits, wine 
or malt beverages to consumers. A wholesaler who makes incidental retail 
sales representing less than five percent of the wholesaler's total 
sales volume for the preceding two-month period shall not be considered 
a retailer with respect to such incidental sales.
    Return. The transfer of distilled spirits, wine, or malt beverages 
from a trade buyer to the industry member from whom purchased, for cash 
or credit.
    Trade buyer. Any person who is a wholesaler or retailer of distilled 
spirits, wine or malt beverages.

[T.D. ATF-74, 45 FR 63258, Sept. 23, 1980, as amended by T.D. ATF-364, 
60 FR 20427, Apr. 26, 1995; T.D. ATF-428, 65 FR 52021, Aug. 28, 2000]



                 Subpart C--Unlawful Sales Arrangements



Sec. 11.21  General.

    It is unlawful for an industry member to sell, offer for sale, or 
contract to sell to any trade buyer, or for any such trade buyer to 
purchase, offer to purchase, or contract to purchase any products (a) on 
consignment; or (b) under conditional sale; or (c) with the privilege of 
return; or (d) on any basis other than a bona fide sale; or (e) if any 
part of the sale involves, directly or indirectly, the acquisition by 
such person of other products from the trade buyer or the agreement to 
acquire other products from the trade buyer. Transactions involving the 
bona fide return of products for ordinary and usual commercial reasons 
arising after the product has been sold are not prohibited.



Sec. 11.22  Consignment sales.

    Consignment sales are arrangements wherein the trade buyer is under 
no obligation to pay for distilled spirits, wine, or malt beverages 
until they are sold by the trade buyer.



Sec. 11.23  Sales conditioned on the acquisition of other products.

    (a) General. A sale in which any part of the sale involves, directly 
or indirectly, the acquisition by the industry member from the trade 
buyer, or the agreement, as a condition to present or future sales, to 
accept other products from the trade buyer is prohibited.
    (b) Exchange. The exchange of one product for another is prohibited 
as a sales transaction conditioned on the acquisition of other products. 
However, the exchange of a product for equal quantities (case for case) 
of the same type and brand of product, in containers of another size is 
not considered an acquisition of ``other'' products and is not 
prohibited if there was no direct or implied privilege of return 
extended when the product was originally sold. Industry members may make 
price adjustments on products eligible for exchange under this 
paragraph.



Sec. 11.24  Other than a bona fide sale.

    ``Other than a bona fide sale'' includes, but is not limited to, 
sales in connection with which the industry member purchases or rents 
the display, shelf, storage or warehouse space to be occupied by such 
products at premises owned or controlled by the retailer.

[T.D. ATF-364, 60 FR 20427, Apr. 26, 1995]



  Subpart D--Rules for the Return of Distilled Spirits, Wine, and Malt 
                                Beverages



Sec. 11.31  General.

    (a) Section 5(d) of the Act provides, in part, that it is unlawful 
to sell, offer

[[Page 245]]

to sell, or contract to sell products with the privilege of return for 
any reason, other than those considered to be ``ordinary and usual 
commercial reasons'' arising after the product has been sold. Sections 
11.32 through 11.39 specify what are considered ``ordinary and usual 
commercial reasons'' for the return of products, and outline the 
conditions and limitations for such returns.
    (b) An industry member is under no obligation to accept the return 
of products for the reasons listed in Secs. 11.32 through 11.39.

     Exchanges and Returns for Ordinary and Usual Commercial Reasons



Sec. 11.32  Defective products.

    Products which are unmarketable because of product deterioration, 
leaking containers, damaged labels or missing or mutilated tamper 
evident closures may be exchanged for an equal quantity of identical 
products or may be returned for cash or credit against outstanding 
indebtedness.

[T.D. ATF-364, 60 FR 20427, Apr. 26, 1995]



Sec. 11.33  Error in products delivered.

    Any discrepancy between products ordered and products delivered may 
be corrected, within a reasonable period after delivery, by exchange of 
the products delivered for those which were ordered, or by a return for 
cash or credit against outstanding indebtedness.



Sec. 11.34  Products which may no longer be lawfully sold.

    Products which may no longer be lawfully sold may be returned for 
cash or credit against outstanding indebtedness. This would include 
situations where, due to a change in regulation or administrative 
procedure over which the trade buyer or an affiliate of the trade buyer 
has no control, a particular size or brand is no longer permitted to be 
sold.

[T.D. ATF-364, 60 FR 20428, Apr. 26, 1995]



Sec. 11.35  Termination of business.

    Products on hand at the time a trade buyer terminates operations may 
be returned for cash or credit against outstanding indebtedness. This 
does not include a temporary seasonal shutdown (see Sec. 11.39).

[T.D. ATF-364, 60 FR 20428, Apr. 26, 1995]



Sec. 11.36  Termination of franchise.

    When an industry member has sold products for cash or credit to one 
of its wholesalers and the distributorship arrangement is subsequently 
terminated, stocks of the product on hand may be returned for cash or 
credit against outstanding indebtedness.



Sec. 11.37  Change in product.

    A trade buyer's inventory of a product which has been changed in 
formula, proof, label or container (subject to Sec. 11.46) may be 
exchanged for equal quantities of the new version of that product.



Sec. 11.38  Discontinued products.

    When a producer or importer discontinues the production or 
importation of a product, a trade buyer's inventory of that product may 
be returned for cash or credit against outstanding indebtedness.



Sec. 11.39  Seasonal dealers.

    Industry members may accept the return of products from retail 
dealers who are only open a portion of the year, if the products are 
likely to spoil during the off season. These returns will be for cash or 
for credit against outstanding indebtedness.

   Exchanges and Returns for Reasons Not Considered Ordinary and Usual



Sec. 11.45  Overstocked and slow-moving products.

    The return or exchange of a product because it is overstocked or 
slow-moving does not constitute a return for ``ordinary and usual 
commercial reasons.''



Sec. 11.46  Seasonal products.

    The return or exchange of products for which there is only a limited 
or seasonal demand, such as holiday decanters and certain distinctive 
bottles, does not constitute a return for ``ordinary and usual 
commercial reasons.''

[[Page 246]]



PART 12--FOREIGN NONGENERIC NAMES OF GEOGRAPHIC SIGNIFICANCE USED IN THE DESIGNATION OF WINES--Table of Contents




                      Subpart A--General Provisions

Sec.
12.1  Scope.
12.2  Territorial extent.
12.3  Procedure for recognition of foreign distinctive designations.

Subpart B [Reserved]

     Subpart C--Foreign Nongeneric Names of Geographic Significance

12.21  List of examples of names by country.

 Subpart D--Foreign Nongeneric Names Which Are Distinctive Designations 
                         of Specific Grape Wines

12.31  List of approved names by country.

    Authority: 27 U.S.C. 205.

    Source: T.D. ATF-296, 55 FR 17967, Apr. 30, 1990, unless otherwise 
noted.



                      Subpart A--General Provisions



Sec. 12.1  Scope.

    The regulations in this part relate to foreign names of geographic 
significance used in the designation of wines which are recognized as 
nongeneric under 27 CFR 4.24, and include those nongeneric names which 
the Director has found to be distinctive designations of wine, as 
defined in Sec. 4.24(c)(1) of this chapter.



Sec. 12.2  Territorial extent.

    This part applies to the several States of the United States, the 
District of Columbia, and Puerto Rico.



Sec. 12.3  Procedure for recognition of foreign distinctive designations.

    (a) Procedure. Under the provisions of 27 CFR 70.701(c), the 
Director may approve petitions requesting ATF recognition of names of 
geographic significance which are the distinctive designations of 
specific wines under Sec. 4.24(c) of this chapter.
    (b) Format. A petition shall be in the form of a letterhead 
application requesting that ATF recognize the distinctive wine 
designation listed in their petition. The petition should present 
evidence to support a finding that the geographic designation is known 
to the U.S. consumer and trade as the designation of a specific wine of 
a particular place or region, distinguishable from all other wines. All 
background material and supporting data submitted will be made part of 
the application and will be considered in the review process.

[T.D. ATF-296, 55 FR 17967, Apr. 30, 1990, as amended by T.D. ATF-463, 
66 FR 42733, Aug. 15, 2001]

Subpart B [Reserved]



     Subpart C--Foreign Nongeneric Names of Geographic Significance



Sec. 12.21  List of examples of names by country.

    The names listed in this section are examples of foreign nongeneric 
names of geographic significance under Sec. 4.24(c) (1) and (2) of this 
chapter.
    (a) Argentina: Alto Colorado, Valles Calchaquies.
    (b) Australia: Adelaide, Barossa Valley, Clare Valley, Cowra, 
Forbes, Geelong, Goulburn Valley, Granite Belt, Great Western, Hunter 
Valley, McLaren Vale, Mudgee, Murray River Valley, New South Wales, 
North Richmond, Queensland, South Australia, Swan Valley, Tasmania, 
Victoria, Western Australia, Yarra Valley.
    (c) Austria: Bisamberg-Kreuzenstein, Burgenland, Carnuntum, 
Frauenweingarten, Kapellenweg, Kirchberger Wagram, Matzner Hugel, 
Niederosterreich, Nussberg, Pinkatal, Schatzberg, Sekt, Wachau, 
Weststeiermark, Wien.
    (d) Federal Republic of Germany: Ahr, Bacharach, Bad Durkheim, 
Baden, Badisches Frankenland, Badstube, Bayerischer Bodensee, 
Bernkastel, Bingen, Breisgau, Deidesheimer Hofstuck, Dhroner Hofberger, 
Erdener Treppchen, Graach, Graben, Hessische Bergstrasse, Himmelreich, 
Hochheimer Holle, Johannisberg, Klosterberg, Kocher-Jagst-Tauber, 
Kreuznach, Kurfurstlay, Loreley, Maindreieck, Mainviereck, 
Markgraflerland, Mittelrhein, Moseltor, Nahe, Nierstein,

[[Page 247]]

Obermosel, Oppenheimer Krotenbrunnen, Ortenau, Remstal-Stuttgart, Rhein-
Burgengau, Rheinfalz, Rheingau, Rheinhessen, Schloss Bockelheim, Sekt, 
Siebengebirge, Starkenburg, Steigerwald, Sudliche Weinstrasse, Trier, 
Umstadt, Urziger Wurzgarten, Walporzheim/Ahrtal, Wiltinger Scharzberg, 
Winkeler Jesuitengarten, Wonnegau, Wurttemberg, Zell/Mosel.
    (e) France: Ajaccio, Arbois, Auxey-Duresses, Bandol, Bearn, Bellet, 
Bergerac, Blagny, Blaye, Bonnezeaux, Bourg, Buzet, Cadillac, Cahors, 
Canon-Fronsac, Cassis, Cerons, Charlemagne, Chateau Chalon, Chateau-
Grillet, Chinon, Chorey-les-Beaunes, Clos de Tart, Clos des Lambrays, 
Clos Saint-Denis, Collioure, Condrieu, Cornas, Coteaux de l'Aubance, 
Coteaux du Languedoc, Coteaux du Loir, Coteaux du Lyonnais, Coteaux du 
Tricastin, Cotes de Duras, Cotes de Provence, Cotes du Jura, Cotes du 
Roussillon, Cotes du Ventoux, Crepy, Dezize-les-Maranges, Faugeres, 
Fitou, Fixin, Gaillac, Gigondas, Givry, Gros Plant, Irouleguy, 
Jasnieres, Jurancon, Ladoix, L'Etoile, Limoux, Lirac, Loupiac, Madiran, 
Mazis-Chambertin, Menetou Salon, Minervois, Monbazillac, Montagny, 
Monthelie, Montlouis, Montravel, Moulis, Muscat de Beaumes de Venise, 
Muscat de Frontignan, Neac, Pacherenc du Vic Bilh, Palette, Pecharmant, 
Pernand-Vergelesses, Picpoul-de-Pinet, Pineau des Charentes, Pouilly-
Loche, Quarts-de-Chaume, Quincy, Regnie, Reuilly, Rosette, Rully, Saint-
Aubin, Saint-Chinian, Saint-Georges-d'Orques, Saint-Joseph, Saint-
Nicolas-de-Bourgueil, Saint-Peray, Saint-Romain, Saint-Veran, Sainte-
Croix-du-Mont, Saussignac, Sauvignon de Saint-Bris, Savennieres, 
Seyssel, Vin de Lavilledieu, Vin de pays de l'Aude, Vin de Savoie, Vin 
du Bugey, Vin du Haut-Poitou.
    (f) Greece: Aghialos, Amynteon, Archanes, Daphnes, Goumenissa, 
Kantza, Mantinea, Mavrodaphni Cefalonia, Mavrodaphni Patras, Moschatos 
Lemnos, Moschatos Rhodes, Naoussa, Nemea, Paros, Peza, Plagies Melitona, 
Rapsani, Retsina Attica, Retsina Megaron, Samos, Santorini, Sitia, 
Sitsa.
    (g) Italy: Abruzzo, Acqui, Affile, Aleatico di Gradoli, Alto Mincio, 
Avellino, Barbera del Monferrato, Basilicata, Bianco di Custoza, Bianco 
Pisano di S. Torpe, Boca, Campidano di Terralba, Castelli di Jesi, 
Chieri, Cinque Terre, Ciro, Colli Albani, Colli del Trasimeno, Diano 
d'Alba, Est! Est! Est! di Montefiascone, Etna, Fara, Faro, Franciacorta, 
Gabiano, Gavi, Ghemme, Ischia, Lambrusco Reggiano, Lamezia, Langhe 
Monregalesi, Lessona, Lipari, Melissa, Metauro, Molise, Olevano Romano, 
Oristano, Ovada, Parrina, Piceno, Piemonte, Piglio, Pollino, Puglia, 
Romagna, Rosso Barletta, Savuto, Sicilia, Sorbara, Sulcis, Taurasi, 
Torgiano, Trani, Valtellina Sassella, Velletri, Veneto, Vermentino di 
Gallura, Vesuvio, Vulture, Zagarolo.
    (h) New Zealand: Blenheim, Canterbury, Central Otago, Gisborne, 
Hawkes Bay, Henderson, Marlborough, Nelson, Northland, Richmond, Rodney, 
South Auckland, Te Kauwhata, Wanganui, Wellington.
    (i) Portugal: Algarve, Alijo, Bairrada, Baixo Corgo, Basto, Beiras, 
Belem, Braga, Bucelas, Camara de Lobos, Campanario, Cantahede, 
Carcavelos, Cartaxo, Chamusca, Colares, Douro, Estremadura, Favaios, 
Lafoes, Lagoa, Lagos, Lamego, Lousada, Meda, Mesao Frio, Moncao, 
Moscatel de Setubal, Murca, Nelas, Penafiel, Pico, Portimao, Preces, 
Ribatejo-Oeste, Sabrosa, Santa Luzia, Sao Joao, Sao Martinho, Sao Pedro, 
Tavira, Torres Vedras, Tras-os-Montes, Viana do Castelo, Vila Real, 
Vinho Verde.
    (j) Romania: Alba Iulia, Arges, Bistrita-Nasaud, Bujoru, Cotesti, 
Cotnari, Dealu Mare, Dealurile, Dragasani, Drobeta Turnuseverin, Istria, 
Ivesti, Jidvei, Medias, Mehedinti, Minis, Moldovei, Murfatlar, 
Nicoresti, Odobesti, Oltina, Panciu, Recas, Sarica Niculitel, Sebes, 
Segarcea, Tecuci-Galati, Teremia, Tirnave.
    (k) Spain: Alella, Alicante, Almansa, Ampurdan-Costa Brava, Campo de 
Borja, Carinena, Cava, Condado de Huelva, Jumilla, La Mancha, 
Manzanilla-Sanlucar de Barrameda, Mentrida, Montilla-Moriles, Navarra, 
Penedes, Priorato, Ribeiro, Ribera del

[[Page 248]]

Duero, Rueda, Tarragona, Utiel-Requena, Valdeorras, Valencia, Yecla.
    (l) Switzerland: Agarn, Aire-la-Ville, Argovie, Auvernier, Avully, 
Berne, Bernex, Bonvillars, Bratsch, Chalais, Chamoson, Cressier, Cully, 
Dardagny, Dezaley, Epesses, Erlenbach, Friburg, Fully, Geneve, Grisons, 
Gy, Herrliberg, Hornussen, La Cote, Lavaux, Lens, Limmattal, Lucerne, 
Lutry, Meilen, Montreux, Neuchatel, Niedergesteln, Riex, Rivaz, 
Schaffhouse, Schlossgut Herdern, Schwyz, Suisse, Swiss, Tessin, 
Thurgovie, Valais, Varen/Varone, Vaud, Veyrier, Villette, Zeneggen, 
Zurcher Unterland, Zurich.
    (m) Yugoslavia: Blatina Mostar, Bolski Plavac, Borje, Brodska 
Grasevina, Crnogorski Vranac, Dingac, Erdutski Burgundac Bijeli, Faros, 
Grk Lumbarda, Ilocka Frankovka, Kutjevacka Grasevina, Merlot Bujstine, 
Plesivicki Rizling Rajnski, Porecki Merlot, Postup, Primostenski Babic, 
Smedereveski Sovinjon, Vinaracki Merlo, Viska Vugava, Vrsacki Rizling, 
Zlata Radgonska Penina.



 Subpart D--Foreign Nongeneric Names Which Are Distinctive Designations 
                         of Specific Grape Wines



Sec. 12.31  List of approved names by country.

    The names listed in this section are foreign nongeneric names of 
geographic significance which are also recognized by the Director as 
distinctive designations of specific grape wines, in accordance with 
Sec. 4.24 (c) (1) and (3) of this chapter.
    (a) Federal Republic of Germany: Bernkasteler Doctor (Doktor), 
Deidesheimer, Dexheimer Doktor, Erbacher Marcobrunn, Forster, Forster 
Jesuitengarten, Graacher Himmelreich, Liebfraumilch, Liebfrauenmilch, 
Mosel, Mosel-Saar-Ruwer, Ockfener Bockstein, Piesporter Goldtropfchen, 
Piesporter Michelsberg, Piesporter Treppchen, Rudesheimer, 
Scharzhofberger, Schloss Johannisberger, Schloss Vollrads, Wehlener 
Sonnenuhr, Zeller Schwarze Katz.
    (b) France: Aloxe-Corton, Alsace or Vin d'Alsace, Anjou, Barsac, 
Batard-Montrachet, Beaujolais, Beaujolais Villages, Beaune, Bonnes 
Mares, Bordeaux, Bordeaux Blanc, Bordeaux Rouge, Bourgogne, Brouilly, 
Chambertin, Chambolle-Musigny, Charmes-Chambertin, Chassagne-Montrachet, 
Chateau Lafite, Chateau Margaux, Chateau Yquem, Chateauneuf-du-Pape, 
Chenas, Chevalier-Montrachet, Chiroubles, Clos de la Roche, Clos de 
Vougeot, Corton, Corton-Charlemagne, Cote de Beaune, Cote de Beaune-
Villages, Cote de Brouilly, Cote de Nuits, Cote de Nuits-Villages, Cote 
Rotie, Coteaux du Layon, Cotes du Rhone, Echezeaux, Entre-Deux-Mers, 
Fleurie, Gevrey-Chambertin, Grands Echezeaux, Graves, Haut Medoc, 
Hermitage, La Tache, Loire, Macon, Margaux, Medoc, Mercurey, Meursault, 
Montrachet, Morgon, Moulin-a-Vent, Muscadet, Musigny, Nuits or Nuits-
Saint-Georges, Pauillac, Pomerol, Pommard, Pouilly-Fuisse, Pouilly Fume, 
Puligny-Montrachet, Rhone, Richebourg, Romanee-Conti, Romanee Saint-
Vivant, Rose d'Anjou, Saint-Amour, Saint-Emilion, Saint-Estephe, Saint-
Julien, Sancerre, Santenay, Saumur, Savigny or Savigny-les-Beaunes, 
Tavel, Touraine, Volnay, Vosne-Romanee, Vouvray.
    (c) Italy: Asti Spumante, Barbaresco, Barbera d'Alba, Barbera 
d'Asti, Bardolino, Barolo, Brunello di Montalcino, Dolcetto d'Alba, 
Frascati, Gattinara, Lacryma Christi, Nebbiolo d'Alba, Orvieto, Soave, 
Valpolicella, Vino Nobile de Montepulciano.
    (d) Portugal: Dao, Oporto, Porto, or Vinho do Porto.
    (e) Spain: Lagrima, Rioja.



PART 13--LABELING PROCEEDINGS--Table of Contents




            Subpart A--Scope and Construction of Regulations

Sec.
13.1  Scope of part.
13.2  Delegations of the Director
13.3  Related regulations.

                         Subpart B--Definitions

13.11  Meaning of terms.

                         Subpart C--Applications

13.20  Forms prescribed.

[[Page 249]]

13.21  Application for certificate.
13.22  Withdrawal of applications.
13.23  Notice of denial.
13.25  Appeal of qualification or denial.
13.26  Decision after appeal of qualification or denial.
13.27  Second appeal of qualification or denial.

             Subpart D--Revocations of Specific Certificates

13.41  Authority to revoke certificates.
13.42  Notice of proposed revocation.
13.43  Decision after notice of proposed revocation.
13.44  Appeal of revocation.
13.45  Final decision after appeal.

         Subpart E--Revocation by Operation of Law or Regulation

13.51  Revocation by operation of law or regulation.
13.52  Notice of revocation.
13.53  Appeal of notice of revocation.
13.54  Decision after appeal.

                        Subpart F--Miscellaneous

13.61  Publicity of information.
13.62  Third-party comment on certificates.
13.71  Informal conferences.
13.72  Effective dates of revocations.
13.73  Effect of revocation.
13.74  Surrender of certificates.
13.75  Evidence of receipt by ATF.
13.76  Service on applicant or certificate holder.
13.81  Representation before ATF.
13.91  Computation of time.
13.92  Extensions.

           Subpart G--Appeals Concerning Other Agencies' Rules

13.101  Appeals concerning use of the term ``organic.''

    Authority: 27 U.S.C. 205(e), 26 U.S.C. 5301 and 7805.

    Source: T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 13 appear by T.D. ATF-
449, 66 FR 19085, Apr. 13, 2001.



            Subpart A--Scope and Construction of Regulations



Sec. 13.1  Scope of part.

    The regulations in this part govern the procedure and practice in 
connection with the issuance, denial, and revocation of certificates of 
label approval, certificates of exemption from label approval, and 
distinctive liquor bottle approvals under 27 U.S.C. 205(e) and 26 U.S.C. 
5301. The regulations in this part also provide for appeal procedures 
when applications for label approval, exemptions from label approval, or 
distinctive liquor bottle approvals are denied, when such applications 
are approved with qualifications, or when these applications are 
approved and then subsequently revoked. The appeal process in this part 
does not apply to organic claims on alcohol beverage labels. See 
Sec. 13.101.

[T.D. AT-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-483, 67 
FR 62858, Oct. 8, 2002]



Sec. 13.2  Delegations of the Director.

    All of the regulatory authorities of the Director contained in part 
13 of the regulations are delegated to appropriate ATF officers. These 
ATF officers are specified in ATF Order 1130.21, Delegation Order--
Delegation of the Director's Authorities in 27 CFR Part 13--Labeling 
Proceedings. ATF delegation orders, such as ATF Order 1130.21, are 
available to any interested person by mailing a request to the ATF 
Distribution Center, P.O. Box 5950, Springfield, Virginia 22150-5950, or 
by accessing the ATF web site (http://www.atf.treas.gov).

[T.D. ATF-449, 66 FR 19085, Apr. 13, 2001]



Sec. 13.3  Related regulations.

    The following regulations also relate to this part:

7 CFR Part 205--National Organic Program
27 CFR Part 1--Basic Permit Requirements Under the Federal Alcohol 
Administration Act, Nonindustrial Use of Distilled Spirits and Wine, 
Bulk Sales and Bottling of Distilled Spirits
27 CFR Part 4--Labeling and Advertising of Wine
27 CFR Part 5--Labeling and Advertising of Distilled Spirits
27 CFR Part 7--Labeling and Advertising of Malt Beverages
27 CFR Part 9--American Viticultural Areas
27 CFR Part 12--Foreign Nongeneric Names of Geographic Significance Used 
in the Designation of Wines
27 CFR Part 16--Alcoholic Beverage Health Warning Statement
27 CFR Part 19--Distilled Spirits Plants
27 CFR Part 24--Wine
27 CFR Part 25--Beer

[[Page 250]]

27 CFR Part 26--Liquors and Articles from Puerto Rico and the Virgin 
Islands
27 CFR Part 27--Importation of Distilled Spirits, Wines, and Beer
27 CFR Part 71--Rules of Practice in Permit Proceedings
27 CFR Part 252--Exportation of Liquors

[T.D. ATF-483, 67 FR 62858, Oct. 8, 2002]



                         Subpart B--Definitions



Sec. 13.11  Meaning of terms.

    Where used in this part and in forms prescribed under this part, 
where not otherwise distinctly expressed or manifestly incompatible with 
the intent thereof, terms shall have the meaning ascribed in this 
subpart. Words in the plural form shall include the singular, and vice 
versa, and words importing the masculine gender shall include the 
feminine. The terms ``include'' and ``including'' do not exclude things 
not enumerated that are in the same general class.
    Act. The Federal Alcohol Administration Act.
    Applicant. The permittee or brewer whose name, address, and basic 
permit number, or plant registry number, appears on an unapproved ATF F 
5100.31, application for a certificate of label approval, certificate of 
exemption from label approval, or distinctive liquor bottle approval.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of this part by ATF Order 
1130.21, Delegation Order--Delegation of the Director's Authorities in 
27 CFR Part 13--Labeling Proceedings.
    ATF. The Bureau of Alcohol, Tobacco and Firearms, Department of the 
Treasury, Washington, DC 20226.
    Brewer. Any person who brews beer (except a person who produces only 
beer exempt from tax under 26 U.S.C. 5053(e)) and any person who 
produces beer for sale.
    Certificate holder. The permittee or brewer whose name, address, and 
basic permit number, or plant registry number, appears on an approved 
ATF F 5100.31, certificate of label approval, certificate of exemption 
from label approval, or distinctive liquor bottle approval.
    Certificate of exemption from label approval. A certificate issued 
on ATF F 5100.31 which authorizes the bottling of wine or distilled 
spirits, under the condition that the product will under no 
circumstances be sold, offered for sale, shipped, delivered for 
shipment, or otherwise introduced by the applicant, directly or 
indirectly, into interstate or foreign commerce.
    Certificate of label approval. A certificate issued on ATF F 5100.31 
that authorizes the bottling or packing of wine, distilled spirits, or 
malt beverages, or the removal of bottled wine, distilled spirits, or 
malt beverages from customs custody for introduction into commerce, as 
long as the project bears labels identical to the labels affixed to the 
face of the certificate, or labels with changes authorized by the 
certificate.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Distilled spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits 
of wine, whisky, rum, brandy, gin, and other distilled spirits, 
including all dilutions and mixtures thereof for nonindustrial use. The 
term ``distilled spirits'' does not include mixtures containing wine, 
bottled at 48 degrees of proof or less, if the mixture contains more 
than 50 percent wine on a proof gallon basis.
    Distinctive liquor bottle. A liquor bottle of distinctive shape or 
design.
    Distinctive liquor bottle approval. Approval issued on ATF F 5100.31 
that authorizes the bottling of distilled spirits, or the removal of 
bottled distilled spirits from customs custody for introduction into 
commerce, as long as the bottle is identical to the photograph affixed 
to the face of the form.
    Interstate or foreign commerce. Commerce between any State and any 
place outside that State, or commerce within any Territory or the 
District of Columbia, or between points within the same State but 
through any place outside that State.
    Liquor bottle: A bottle made of glass or earthenware, or of other 
suitable material approved by the Food and Drug Administration, which 
has been

[[Page 251]]

designed or is intended for use as a container for distilled spirits for 
sale for beverage purposes, and which has been determined by the 
appropriate ATF officer to protect the revenue adequately.
    Malt beverage. 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.
    Permittee. Any person holding a basic permit under the Federal 
Alcohol Administration Act.
    Person. Any individual, partnership, joint stock company, business 
trust, association, corporation, or other form of business enterprise, 
including a receiver, trustee, or liquidating agent and including an 
officer or employee of any agency of a State or political subdivision 
thereof.
    United States. The several States and Territories and the District 
of Columbia; the term ``State'' includes a Territory and the District of 
Columbia; and the term ``Territory'' means the Commonwealth of Puerto 
Rico.
    Use of other terms. Any other term defined in the Federal Alcohol 
Administration Act and used in this part shall have the same meaning 
assigned to it by the Act.
    Wine. Wine as defined in section 610 and section 617 of the Revenue 
Act of 1918 (26 U.S.C. 3036, 3044, 3045) and 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 percent, and 
not more than 24 percent of alcohol by volume, and if for nonindustrial 
use.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 
FR 19085, Apr. 13, 2001]



                         Subpart C--Applications



Sec. 13.20  Forms prescribed.

    (a) The appropriate ATF officer is authorized to prescribe all forms 
required by this part. All of the information called for in each form 
must be furnished as indicated by the headings on the form and the 
instructions on or pertaining to the form. In addition, the information 
called for in each form is that which is required by this part. The form 
will be filed in accordance with the instructions on the form.
    (b) Forms may be requested from the ATF Distribution Center, P.O. 
Box 5950, Springfield, Virginia 22150-5950, or by accessing the ATF web 
site (http://www.atf.treas.gov).

[T.D. ATF-449, 66 FR 19085, Apr. 13, 2001]



Sec. 13.21  Application for certificate.

    (a) Form of application. An applicant for a certificate of label 
approval, certificate of exemption from label approval, or distinctive 
liquor bottle approval, must send or deliver signed duplicate copies of 
ATF Form 5100.31, ``Application For And Certification/Exemption Of 
Label/Bottle Approval'' according to the instructions for that form. If 
the application complies with applicable laws and regulations, a 
certificate of label approval, certificate of exemption from label 
approval, or distinctive liquor bottle approval will be issued. If the 
approval is qualified in any manner, such qualifications will be set 
forth in the appropriate space on the form.
    (b) Time period for action on application. Within 90 days of receipt 
of an application, the appropriate ATF officer must notify the applicant 
whether the application has been approved or denied. The appropriate ATF 
officer may extend this period of time once, by an additional 90 days, 
if he or she finds that unusual circumstances require additional time to 
consider the issues

[[Page 252]]

presented by an application. If the appropriate ATF officer extends the 
period, he or she must notify the applicant by letter, along with a 
brief explanation of the issues presented by the label. If the applicant 
receives no decision from the appropriate ATF officer within the time 
periods set forth in this paragraph, the applicant may file an appeal as 
provided in Sec. 13.25.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 
FR 19085, Apr. 13, 2001]



Sec. 13.22  Withdrawal of applications.

    A person who has filed an application for a certificate of label 
approval, certificate of exemption from label approval, or distinctive 
liquor bottle approval, may withdraw such application at any time before 
ATF takes action on the application.



Sec. 13.23  Notice of denial.

    Whenever an application for a certificate of label approval, 
certificate of exemption from label approval, or distinctive liquor 
bottle approval is denied, the appropriate ATF officer must issue to the 
applicant a notice of denial on ATF Form 5190.1, entitled ``ATF F 
5100.31 Correction Sheet,'' briefly setting forth the reasons why the 
label or bottle is not in compliance with the applicable laws or 
regulations. The applicant may then submit a new application for 
approval after making the necessary corrections.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 
FR 19085, Apr. 13, 2001]



Sec. 13.25  Appeal of qualification or denial.

    (a) Form of appeal. If an applicant for a certificate of label 
approval, certificate of exemption from label approval, or distinctive 
liquor bottle approval wishes to appeal the qualified approval or denial 
of an application, the applicant may file a written appeal with the 
appropriate ATF officer within 45 days after the date of the notice of 
qualification or denial. The appeal should explain why the applicant 
believes that the label or bottle is in compliance with applicable laws 
and regulations. If no appeal is filed within 45 days after the date of 
the notice of qualification or denial, the notice will be the final 
decision of ATF.
    (b) Informal resolution. Applicants may choose to pursue informal 
resolution of disagreements regarding correction sheets or 
qualifications by requesting an informal conference with the appropriate 
ATF officer. However, formal administrative appeals must comply with the 
provisions of paragraph (a) of this section.



Sec. 13.26  Decision after appeal of qualification or denial.

    (a) Decision. After considering any written arguments or evidence 
presented by the applicant, the appropriate ATF officer must issue a 
written decision to the applicant. If the decision is that the qualified 
approval or denial should stand, a copy of the application, marked 
``appeal denied,'' must be returned to the applicant with an explanation 
of the decision and the specific laws or regulations relied upon in 
qualifying or denying the application. If the decision is that the 
certificate of label approval, certificate of exemption from label 
approval, or distinctive liquor bottle application should be approved 
without qualification, the applicant should resubmit ATF Form 5100.31 
and the certificate will be issued.
    (b) Time limits for decision. Within 90 days of receipt of an 
appeal, the appropriate ATF officer must notify the appellant whether 
the appeal has been granted or denied. If an applicant requests an 
informal conference as part of an appeal, as authorized in Sec. 13.71, 
the 90-day period will begin 10 days after the date of the conference to 
allow for consideration of any written arguments, facts or evidence 
submitted after the conference. The appropriate ATF officer may extend 
this period of time once by an additional 90 days if he or she finds 
that unusual circumstances require additional time to consider the 
issues presented by an appeal. If the appropriate ATF officer extends 
the period, he or she must notify the applicant by letter, briefly 
explaining the issues presented by the label. If the appellant receives 
no decision from the appropriate ATF officer within the

[[Page 253]]

time periods set forth in this paragraph, the appellant may appeal as 
provided in Sec. 13.27.
    (c) Judicial review. Prior to applying to the Federal courts for 
review, an applicant must first exhaust his or her administrative 
remedies, including the appeal rights set forth in this section and 
Sec. 13.27.



Sec. 13.27  Second appeal of qualification or denial.

    (a) Form of appeal. The decision after appeal of qualification or 
denial may be appealed in writing to the appropriate ATF officer within 
45 days after the date of that decision. If the appropriate ATF officer 
concludes that the qualified approval or denial was correct, a copy of 
the application, marked ``appeal denied,'' must be returned to the 
applicant, with an explanation of the decision and the specific laws or 
regulations relied upon in qualifying or denying the application. If the 
appropriate ATF officer concludes that the certificate of label 
approval, certificate of exemption from label approval, or distinctive 
liquor bottle application should be approved without qualification, the 
applicant may resubmit ATF Form 5100.31 and the certificate will be 
issued.
    (b) Time limits for decision after second appeal. Within 90 days of 
receipt of the second appeal, the appropriate ATF officer must notify 
the appellant whether the appeal has been granted or denied. If an 
applicant requests an informal conference as part of an appeal, as 
authorized in Sec. 13.71, the 90-day period will begin 10 days after the 
date of the conference to allow for consideration of any written 
arguments, facts or evidence submitted after the conference. The 
appropriate ATF officer may extend this period of time once, by an 
additional 90 days, if he or she finds that unusual circumstances 
require additional time to consider the unique issues presented by an 
appeal. If the appropriate ATF officer extends the time period, he or 
she must notify the applicant by letter, briefly explaining the issues 
presented by the label. The decision made on the second appeal shall be 
the final decision of ATF.
    (c)  Judicial review. An appeal to the appropriate ATF officer is 
required prior to application to the Federal courts for review of any 
denial or qualification of an application.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999; T.D. ATF-406a, 64 FR 10949, 
Mar. 8, 1999, as amended by T.D. ATF-449, 66 FR 19086, Apr. 13, 2001]



             Subpart D--Revocations of Specific Certificates



Sec. 13.41  Authority to revoke certificates.

    Certificates of label approval, certificates of exemption from label 
approval, and distinctive liquor bottle approvals, previously approved 
on ATF Form 5100.31, may be revoked by the appropriate ATF officer upon 
a finding that the label or bottle at issue is not in compliance with 
the applicable laws or regulations.



Sec. 13.42  Notice of proposed revocation.

    Except as provided in Sec. 13.51, when the appropriate ATF officer 
determines that a certificate of label approval, certificate of 
exemption from label approval, or distinctive liquor bottle approval has 
been issued for a label or bottle that is not in compliance with the 
laws or regulations, he or she must issue to the certificate holder a 
notice of proposed revocation. The notice must set forth the basis for 
the proposed revocation and must provide the certificate holder with 45 
days from the date of receipt of the notice to present written arguments 
or evidence why the revocation should not occur.



Sec. 13.43  Decision after notice of proposed revocation.

    (a) Decision. After considering any written arguments or evidence 
presented by the certificate holder, the appropriate ATF officer must 
issue a decision. If the decision is to revoke the certificate, a letter 
must be sent to the holder explaining the revocation of the certificate, 
and the specific laws or regulations relied upon in determining that the 
label or bottle was not in conformance with law or regulations. If the 
decision is to withdraw the proposed revocation, a letter of explanation 
must be sent.
    (b) Time limits for decision. Within 90 days of receipt of written 
arguments or

[[Page 254]]

evidence from the certificate holder, the appropriate ATF officer shall 
notify the appellant of his or her decision. If a certificate holder 
requests an informal conference as part of an appeal, as authorized in 
Sec. 13.71, the 90-day period will begin 10 days after the date of the 
conference to allow for consideration of any written arguments, facts or 
evidence submitted after the conference. The appropriate ATF officer may 
extend this period of time once by an additional 90 days if he or she 
finds that unusual circumstances require additional time to consider the 
issues presented by a proposed revocation. If the appropriate ATF 
officer extends the time period, he or she must notify the applicant by 
letter, along with a brief explanation of the issues under 
consideration.



Sec. 13.44  Appeal of revocation.

    (a) Filing of appeal. A certificate holder who wishes to appeal the 
decision to revoke a certificate of label approval, certificate of 
exemption from label approval, or distinctive liquor bottle approval, 
may file a written appeal setting forth why the holder believes that the 
decision was erroneous. The appeal must be filed with the appropriate 
ATF officer within 45 days after the date of receipt of the decision to 
revoke a certificate of label approval, certificate of exemption from 
label approval, or distinctive liquor bottle approval.
    (b) Judicial review. An appeal to the appropriate ATF officer is 
required prior to application to the Federal courts for review of any 
revocation of a certificate.

[T.D. ATF-449, 66 FR 19086, Apr.13, 2001]



Sec. 13.45  Final decision after appeal.

    (a) Issuance of decision. After considering any written arguments or 
evidence presented by the certificate holder or the holder's 
representative, the appropriate ATF officer must issue a final decision. 
If the decision is to revoke the certificate of label approval, 
certificate of exemption from label approval, or distinctive liquor 
bottle approval, a letter must be issued explaining the basis for the 
revocation, and the specific laws or regulations relied upon in 
determining that the label or bottle was not in conformance with law or 
regulations. If the decision is to withdraw the proposed revocation, a 
letter explaining the decision must be sent.
    (b) Time limits for decision. Within 90 days of receipt of an 
appeal, the appropriate ATF officer must notify the holder whether the 
appeal has been granted or denied. If a certificate holder requests an 
informal conference as part of an appeal, as authorized in Sec. 13.71, 
the 90-day period will begin 10 days after the date of the conference to 
allow for consideration of any written arguments, facts or evidence 
submitted after the conference. The appropriate ATF officer may extend 
this period of time once by an additional 90 days if he or she finds 
that unusual circumstances require additional time to consider the 
issues presented by an appeal. If the appropriate ATF officer extends 
the period, he or she must notify the holder by letter, briefly 
explaining the issues presented by the label. The final decision after 
appeal will be the final decision of ATF.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 
FR 19086, Apr. 13, 2001]



         Subpart E--Revocation by Operation of Law or Regulation



Sec. 13.51  Revocation by operation of law or regulation.

    ATF will not individually notify all holders of certificates of 
label approval, certificates of exemption from label approval, or 
distinctive liquor bottle approvals that their approvals have been 
revoked if the revocation occurs by operation of either ATF-administered 
law or regulation or applicable law or regulation of other agencies. If 
changes in labeling or other requirements are made as a result of 
amendments or revisions to the law or regulations, the certificate 
holder must voluntarily surrender all certificates that are no longer in 
compliance. The holder must submit applications for new certificates in 
compliance with the new requirements, unless ATF determines that new 
applications are not necessary. If a new application is unnecessary, it 
is the responsibility of the certificate holder to ensure that labels 
are

[[Page 255]]

in compliance with their requirements of the new regulations or law.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-483, 67 
FR 62858, Oct. 8, 2002]



Sec. 13.52  Notice of revocation.

    If ATF determines that a certificate holder is still using a 
certificate of label approval, certificate of exemption from label 
approval, or distinctive liquor bottle approval that is no longer in 
compliance due to amendments or revisions in the law or regulations, the 
appropriate ATF officer will notify the certificate holder in writing 
that the subject certificate has been revoked by operation of law or 
regulations, with a brief description of the grounds for such 
revocation.



Sec. 13.53  Appeal of notice of revocation.

    Within 45 days after the date of receipt of a notice of revocation 
by operation of law or regulations, the certificate holder may file a 
written appeal with the appropriate ATF officer. The appeal should set 
forth the reasons why the certificate holder believes that the 
regulation or law at issue does not require the revocation of the 
certificate.



Sec. 13.54  Decision after appeal.

    (a) Issuance of decision. After considering all written arguments 
and evidence submitted by the certificate holder, the appropriate ATF 
officer must issue a final decision regarding the revocation by 
operation of law or regulation of the certificate. If the decision is 
that the law or regulation at issue requires the revocation of the 
certificate of label approval, certificate of exemption from label 
approval, or distinctive liquor bottle approval, a letter must be issued 
explaining the basis for the revocation, and citing the specific laws or 
regulations which required the revocation of the certificate. If the 
decision is that the law or regulation at issue does not require the 
revocation of such certificate, a letter explaining the decision must be 
sent to the certificate holder. The decision after appeal will be the 
final decision of the ATF.
    (b) Time limits for decision. Within 90 days of receipt of an 
appeal, the appropriate ATF officer must notify the holder whether the 
appeal has been granted or denied. If a certificate holder requests an 
informal conference as part of an appeal, as authorized in Sec. 13.71, 
the 90-day period will begin 10 days after the date of the conference to 
allow for consideration of any written arguments, facts or evidence 
submitted after the conference. The appropriate ATF officer may extend 
this period of time once by an additional 90 days if he or she finds 
that unusual circumstances require additional time to consider the 
issues presented by an appeal. If the appropriate ATF officer extends 
the period, he or she must notify the holder by letter, briefly 
explaining the issues presented by the label. The decision of the 
appropriate ATF officer shall be the final decision of the ATF.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 
FR 19086, Apr. 13, 2001]



                        Subpart F--Miscellaneous



Sec. 13.61  Publicity of information.

    (a) Pending and denied applications--(1) General. Pending and denied 
applications for certificates of label approval, certificates of 
exemption from label approval, or distinctive liquor bottle approvals 
are treated as proprietary information, unless the applicant or 
certificate holder provides written authorization to release such 
information.
    (2) Labels that make organic claims. ATF will disclose applications 
for approval of labels that make organic claims to the appropriate 
office of the United States Department of Agriculture to assure such 
labels comply with National Organic Program rules.
    (b) Approved applications. The appropriate ATF officer shall cause 
to be maintained in the ATF Library for public inspection, a copy of 
each approved application for certificate of label approval, certificate 
of exemption from label approval, or distinctive liquor bottle approval. 
These documents may be viewed during business hours at 650 Massachusetts 
Avenue, NW, Washington, DC 20226.
    (c) Revoked certificates. If an approved certificate is subsequently 
revoked, the record of the approved application will remain on file for 
public inspection,

[[Page 256]]

but the index will be annotated to show it was revoked.
    (d) Further disclosure of information on denied or revoked 
certificates. If an applicant whose application is pending or has been 
denied, or a holder of a revoked certificate of label approval, 
certificate of exemption from label approval, or distinctive liquor 
bottle approval, issues public statements concerning ATF action in 
connection with such application or certificate, then ATF may issue a 
statement to clarify its position or correct any misstatements of fact, 
including a disclosure of information contained on the application or 
certificate of label approval, certificate of exemption from label 
approval, or distinctive liquor bottle approval.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-483, 67 
FR 62859, Oct. 8, 2002]



Sec. 13.62  Third-party comment on certificates.

    When a third party (such as foreign government, another Federal 
agency, a State agency, an industry association, a competitor of a 
certificate holder, a consumer or consumer group, or any other 
interested person) wishes to comment on an approved certificate of label 
approval, certificate of exemption from label approval, or distinctive 
liquor bottle approval, such comments should be submitted in writing to 
the appropriate ATF officer who will review the subject of the comment. 
If the comment raises an issue that is outside the scope of ATF's 
statutory or regulatory authority, or the appropriate ATF officer 
determines that the certificate is in compliance with applicable law and 
regulations, the commenter will be informed that no further action will 
be taken. If the appropriate ATF officer determines that the commenter 
has raised a valid issue that ATF has authority to address, he or she 
will initiate appropriate action. The appropriate ATF officer may, in 
his or her discretion, notify the commenter as to the action being taken 
by ATF with respect to the certificate.

[T.D. ATF-449, 66 FR 19086, Apr. 13, 2001]



Sec. 13.71  Informal conferences.

    (a) General. As part of a timely filed written appeal of a notice of 
denial, a notice of proposed revocation, or a decision to revoke a 
certificate, an applicant or certificate holder may file a written 
request for an informal conference with the appropriate ATF officer 
deciding the appeal.
    (b) Informal conference procedures. The appropriate ATF officer and 
the applicant or certificate holder will agree upon a date for an 
informal conference. The informal conference is for purposes of 
discussion only, and no transcript shall be made. If the applicant or 
certificate holder wishes to rely upon arguments, facts, or evidence 
presented at the informal conference, he or she has 10 days after the 
date of the conference to incorporate such arguments, facts, or evidence 
in a written submission to the appropriate ATF officer.

[T.D. ATF-449, 66 FR 19086, Apr. 13, 2001]



Sec. 13.72  Effective dates of revocations.

    (a) Effective dates--(1) Revocation of specific certificates. A 
written decision to revoke a certificate becomes effective 60 days after 
the date of the decision.
    (2) Revocation by operation of law or regulation. If a certificate 
is revoked by operation of law or regulation, the revocation becomes 
effective on the effective date of the change in law or regulation with 
which the certificate does not comply, or if a separate label compliance 
date is given, on that date.
    (b) Use of certificate during period of appeal. If a certificate 
holder files a timely appeal after receipt of a decision to revoke a 
certificate pursuant to Sec. 13.44, the holder may continue to use the 
certificate at issue until the effective date of a final decision issued 
by the appropriate ATF officer. However, the effective date of a notice 
of revocation by operation of law or regulations, issued pursuant to 
Sec. 13.52, is not stayed pending the appeal.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 
FR 19086, Apr. 13, 2001]

[[Page 257]]



Sec. 13.73  Effect of revocation.

    On and after the effective date of a revocation of a certificate of 
label approval, certificate or exemption from label approval, or 
distinctive liquor bottle approval, the label or distinctive liquor 
bottle in question may not be used to bottle or pack distilled spirits, 
wine or malt beverages, to remove such products from the place where 
they were bottled or packed, or to remove such products from customs 
custody for consumption.



Sec. 13.74  Surrender of certificates.

    On the effective date of a final decision that has been issued to 
revoke a certificate of label approval, certificate of exemption from 
label approval, or distinctive liquor bottle approval, the certificate 
holder must surrender the original of the certificate to ATF for manual 
cancellation. Regardless of whether the original certificate of label 
approval, cert