[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Rules and Regulations]
[Pages 66625-66629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27812]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 4
[Docket No. TTB-2011-0002; T.D. TTB-95; Re: Notice No. 116]
RIN 1513-AA42
Approval of Grape Variety Names for American Wines
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This document adopts, as a final rule, a proposal to amend the
Alcohol and Tobacco Tax and Trade Bureau regulations by adding a number
of new names to the list of grape variety names approved for use in
designating American wines, and to include in the list several separate
entries for synonyms of existing entries so that readers can more
readily find them. These amendments will allow bottlers of wine to use
more grape variety names on wine labels and in wine advertisements.
DATES: Effective Date: This final rule is effective November 28, 2011.
FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Alcohol and Tobacco
[[Page 66626]]
Tax and Trade Bureau, Regulations and Rulings Division, P.O. Box 18152,
Roanoke, VA 24014; telephone 202-453-1039, ext. 275.
SUPPLEMENTARY INFORMATION:
Background
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act requires that these regulations, among other
things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the
regulations promulgated under the FAA Act.
Use of Grape Variety Names on Wine Labels
Part 4 of the TTB regulations (27 CFR part 4) sets forth the
standards promulgated under the FAA Act for the labeling and
advertising of wine. Section 4.23 of the TTB regulations (27 CFR 4.23)
sets forth rules for varietal (grape type) labeling. Paragraph (a) of
that section sets forth the general rule that the names of one or more
grape varieties may be used as the type designation of a grape wine
only if the wine is labeled with an appellation of origin as defined in
Sec. 4.25 (27 CFR 4.25). Under paragraphs (b) and (c), a wine bottler
may use the name of a single grape variety on a label as the type
designation of a wine if not less than 75 percent of the wine (or 51
percent in certain limited circumstances) is derived from grapes of
that variety grown in the labeled appellation of origin area. Under
paragraph (d), a bottler may use two or more grape variety names as the
type designation of a wine if all the grapes used to make the wine are
of the labeled varieties and if the percentage of the wine derived from
each grape variety is shown on the label (and with additional rules in
the case of multicounty and multistate appellations of origin).
Paragraph (e) of Sec. 4.23 provides that only a grape variety name
approved by the TTB Administrator may be used as a type designation for
an American wine and states that a list of approved grape variety names
appears in subpart J of part 4.
Within subpart J of part 4, the list of prime grape variety names
and their synonyms approved for use as type designations for American
wines appears in Sec. 4.91 (27 CFR 4.91). Alternative grape variety
names temporarily authorized for use are listed in Sec. 4.92 (27 CFR
4.92). Finally, Sec. 4.93 (27 CFR 4.93) sets forth rules for the
approval of grape variety names.
Approval of Grape Variety Names
Section 4.93 provides that any interested person may petition the
Administrator for the approval of a grape variety name and that the
petition should provide evidence of the following:
That the new grape variety is accepted;
That the name for identifying the grape variety is valid;
That the variety is used or will be used in winemaking;
and
That the variety is grown and used in the United States.
Section 4.93 further provides that documentation submitted with the
petition may include:
A 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;
A reference to a plant patent, if patented; and
Information pertaining to the commercial potential of the
variety, such as the acreage planted and its location or market
studies.
Section 4.93 also places certain eligibility restrictions on the
approval of grape variety names. TTB will not approve a name:
If it has previously been used for a different grape
variety;
If it contains a term or name found to be misleading under
Sec. 4.39 (27 CFR 4.39); or
If it contains the term ``Riesling.''
Typically, if TTB determines that the evidence submitted with a
petition supports approval of the grape variety name, TTB will send a
letter of approval to the petitioner advising the petitioner that TTB
will propose to add the grape variety name to the list of approved
grape variety names in Sec. 4.91 at a later date. After one or more
approvals have been issued, a notice of proposed rulemaking will be
prepared for publication in the Federal Register proposing to add the
name(s) to the Sec. 4.91 list, with opportunity for public comment. In
the event that one or more comments or other information demonstrate
the inappropriateness of an approval action, TTB will determine not to
add the grape variety name in question to the list and will advise the
original petitioner that the name is no longer approved.
Notice of Proposed Rulemaking
On January 20, 2011, TTB published Notice No. 116 in the Federal
Register (76 FR 3573) proposing to add a number of grape variety names
to the list of approved names in Sec. 4.91, either as a grape variety
not already listed or as a synonym for an existing listed name. Most of
the name proposals were based on petitions that TTB had received and
approved, and the evidence that had been submitted in support of each
petitioned for name is summarized in the preamble to Notice No. 116.
These names, on which TTB solicited comments, are as follows:
Auxerrois
Biancolella
Black Monukka
Blaufr[auml]nkish
Brianna
Cabernet Diane
Cabernet Dor[eacute]
Canaiolo
Carignan
Corot noir
Crimson Cabernet
Erbaluce
Favorite
Forastera
Freedom
Frontenac
Frontenac gris
Garnacha
Garnacha blanca
Geneva Red 7
Graciano
Grenache blanc
Grenache noir
Gr[uuml]ner Veltliner
Interlaken
La Crescent
Lagrein
Louise Swenson
Lucie Kuhlmann
Mammolo
Marquette
Monastrell
Montepulciano
Negrara
Negro Amaro
Nero d'Avola
Noiret
Peloursin
Petit Bouschet
Petit Manseng
Piquepoul blanc (Picpoul)
Prairie Star
Reliance
Rondinella
Sabrevois
Sagrantino
St. Pepin
St. Vincent
Sauvignon gris
Valiant
Valvin Muscat
Vergennes
[[Page 66627]]
Vermentino
Wine King
Zinthiana
Zweigelt
TTB also invited comments on three petitioned-for grape names that
TTB did not approve by letter--Canaiolo Nero, Moscato Greco, and
Princess. In addition, TTB requested comments on a petition requesting
that two grape variety names currently listed in Sec. 4.91 as separate
varieties--Petite Sirah and Durif--be recognized as synonyms. The
petitions for these grape names are also summarized in the preamble to
Notice No. 116.
TTB also proposed to reformat the Sec. 4.91 grape list to include
separate entries for synonyms of existing entries so that readers can
more readily find a particular name. When Notice No. 116 was published,
the list was structured as an alphabetical list of prime grape names,
with any synonym appearing only in parenthesis after the prime grape
name. For example, the name ``Black Malvoisie'' was only listed in
Sec. 4.91 as a synonym after the prime name, ``Cinsaut.'' A reader
trying to determine if ``Black Malvoisie'' is an approved grape variety
name might not see it in an alphabetical list that set forth
``Cinsaut'' at the beginning of the line where the ``Black Malvoisie''
synonym appears.
TTB also believes the current format suggests that synonyms are in
some way not as valid as grape names as prime names when, in fact,
every name in Sec. 4.91, whether a prime name or a synonym, is equally
acceptable for use as a type designation for an American wine. TTB
therefore proposed in Notice No. 116 to eliminate the word ``prime''
from the heading of Sec. 4.91, as well as from the second sentence of
the introductory text of that section, and to list each synonym in the
same way as a prime name. As a result, Sec. 4.91 would simply set
forth a list of grape names that have been approved as type
designations for American wines, followed, in parentheses, by any
approved synonyms for that name.
Finally, TTB proposed to correct a technical error in Sec. 4.91,
that is, the misspelling of the grape name ``Agawam'' as ``Agwam.'' In
addition to correcting this error, TTB proposed to allow the use of the
misspelling ``Agwam'' for a period of one year after publication of the
final rule so that anyone holding a COLA with the misspelling has
sufficient time to obtain new labels.
Comments Received
TTB received 35 comments in response to Notice No. 116, most of
them generally supportive of the proposed amendments. Of these, 28
specifically support the proposal to recognize Petite Sirah and Durif
as synonyms. Many of the latter are identical letters that cite the DNA
research, summarized in Notice No. 116, of Dr. Carole Meredith at the
University of California at Davis (UC Davis) into the identity of the
Petite Sirah grape variety. They also cite as additional evidence two
publications that recognize the names ``Petite Sirah'' and ``Durif'' as
synonyms. One commenter expresses concern about new clones being
required to be marketed as ``Durif,'' a name he notes has little market
presence. In response to the last comment, TTB notes that the proposal
to recognize the names as synonymous will not require that clones be
marketed as ``Durif''; in fact, the reverse is true: The proposal will
allow growers and vintners to use the names interchangeably.
TTB received two comments specifically in favor of the proposal to
recognize Blaufr[auml]nkisch as a synonym for Lemberger/Limberger, both
commenters stating that they are growers of the variety.
TTB received a comment from Cornell University objecting to the
proposed name for the new listing of the grape variety Geneva Red 7,
which was bred at Cornell. The commenter, a Cornell plant varieties and
germplasm licensing associate, states that Cornell does not approve of
the name ``Geneva Red 7,'' but does approve of the name ``Geneva Red.''
TTB notes, however, that the name evidence in the petition for Geneva
Red 7 included bulletins published by Cornell and a page from UC
Davis's National Grape Registry. Both of these publications use the
names ``Geneva Red 7'' and ``GR 7''; neither uses the name ``Geneva
Red.'' Further, TTB did not propose the name ``GR 7'' because it did
not believe consumers would recognize that name as a grape variety
name. Although TTB understands the interest of Cornell in the
determination of what name should be used for a grape variety developed
under its auspices, Sec. 4.93 requires some evidence to establish the
validity of the name. Of course, TTB would be willing to reconsider
this matter following receipt of a petition under Sec. 4.93 with
appropriate evidence supporting use of the name ``Geneva Red.''
One comment objects to including in the list grape varieties that
are not cultivated widely enough for their names to be meaningful to
consumers. The commenter states that varieties such as Sauvignon gris,
Valvin Muscat, and Cabernet Diane are recent, only marginally planted
hybrid varieties that have been given names which will lead the public
into believing they are Vitis vinifera varieties. This commenter does,
however, express approval of the listing of Vitis vinifera variety
names such as Auxerrois or Gr[uuml]ner Veltliner, grapes that the
commenter describes as widely accepted internationally.
TTB does not agree with the suggestion that a grape variety must be
widely cultivated to merit inclusion in the list of approved grape
names in Sec. 4.91. Section 4.93 merely provides in this regard that
the variety must be ``grown and used in the United States'' without
specifying the extent which such growth and use must exist. With regard
to hybrid varieties, TTB notes that they have a place in the U.S. wine
industry, are popular in areas of the country where the climate makes
the cultivation of Vitis vinifera varieties challenging, and are not
per se outside the scope of approval under Sec. 4.93. TTB therefore
sees no reason to exclude from Sec. 4.91 hybrid grape variety names
that otherwise meet the standard for approval under Sec. 4.93.
Additionally, TTB does not agree that the names Sauvignon gris,
Valvin Muscat, and Cabernet Diane are misleading. Sauvignon gris, a
pink-skinned mutation of the Sauvignon blanc variety is, in fact, a
Vitis vinifera grape. Moreover, TTB notes that Valvin Muscat was
developed from a crossing of Muscat Ottonel and Muscat du Moulin, while
Cabernet Diane was bred from a cross of Cabernet Sauvignon and Norton.
Because these latter grapes were developed from Vitis vinifera
varieties and share both part of the name and some of the varietal
characteristics of those grapes, TTB finds that they are not
misleading.
Another commenter opined that some of the proposed names seem
either ``self-indulgent or outright silly for a wine varietal,'' citing
the name ``Princess'' as an example. TTB notes that Sec. 4.93 does not
provide for disapproval of a name because it appears to be self-
indulgent or silly. So long as the name is a valid identifier of the
grape variety, TTB believes that the decision whether to include it on
a wine label or in a wine advertisement is a subjective matter that is
best left to the wine industry.
Finally, one commenter favored recognizing Primitivo as a synonym
for Zinfandel. Another commenter objected to the varietal (grape type)
labeling regulations contained in Sec. 4.23, which allow a varietal
designation on a label if 75 percent (or 51 percent in the case of wine
made from Vitis labrusca varieties) of the wine is derived from the
[[Page 66628]]
labeled grape variety; this commenter believes these percentages are
too low and are misleading to consumers. Because neither of these
issues was raised in Notice No. 116 for public comment, TTB believes
that it would be inappropriate to include the suggested changes in this
final rule document.
TTB Finding
After careful review of the comments discussed above, TTB has
determined that it is appropriate to adopt the proposed regulatory
changes contained in Notice No. 116. In addition, TTB notes that with
the removal of the word ``prime'' from Sec. 4.91, it would also be
appropriate to remove the word ``prime'' from Sec. 4.92, the list of
alternative grape variety names temporarily authorized for use.
Accordingly, this document removes the word ``prime'' wherever it
appears in Sec. 4.92.
Regulatory Flexibility Act
TTB certifies under the provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) that this final rule will not have a
significant economic impact on a substantial number of small entities.
The decision of a grape grower to petition for a grape variety name
approval, or the decision of a wine bottler to use an approved name on
a label or in an advertisement, is entirely at the discretion of the
grower or bottler. This regulation does not impose any new reporting,
recordkeeping, or other administrative requirements. Accordingly, a
regulatory flexibility analysis is not required.
Executive Order 12866
This final rule is not a significant regulatory action as defined
by Executive Order 12866. Therefore, it requires no regulatory
assessment.
Drafting Information
Jennifer Berry of the Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, drafted this document.
List of Subjects in 27 CFR Part 4
Administrative practice and procedure, Advertising, Customs duties
and inspection, Imports, Labeling, Packaging and containers, Reporting
and recordkeeping requirements, Trade practices, Wine.
Amendments to the Regulations
For the reasons discussed in the preamble, TTB amends 27 CFR part 4
as set forth below:
PART 4--LABELING AND ADVERTISING OF WINE
0
1. The authority citation for 27 CFR part 4 continues to read as
follows:
Authority: 27 U.S.C. 205, unless otherwise noted.
0
2. Section 4.91 is amended:
0
a. By removing the word ``prime'' from the section heading and from the
second sentence of the introductory text;
0
b. By adding the word ``variety'' to the second sentence of the
introductory text after the second use of ``grape''; and
0
c. In the list of grape variety names following the introductory text,
by removing the entries for ``Agwam'', ``Carignane'', ``Durif'',
``Grenache'', ``Limberger (Lemberger)'', ``Malvasia bianca'', and
``Petite Sirah'' and by adding new entries in alphabetical order to
read as follows:
Sec. 4.91 List of approved names.
* * * * *
Agawam
* * * * *
Auxerrois
* * * * *
Biancolella
* * * * *
Black Malvoisie (Cinsaut)
Black Monukka
Black Muscat (Muscat Hamburg)
* * * * *
Blaufr[auml]nkish (Lemberger, Limberger)
* * * * *
Brianna
* * * * *
Cabernet Diane
Cabernet Dor[eacute]
* * * * *
Canaiolo (Canaiolo Nero)
Canaiolo Nero (Canaiolo)
* * * * *
Carignan (Carignane)
Carignane (Carignan)
* * * * *
Corot noir
* * * * *
Crimson Cabernet
* * * * *
Durif (Petite Sirah)
* * * * *
Erbaluce
Favorite
* * * * *
Forastera
* * * * *
Freedom
* * * * *
French Colombard (Colombard)
Frontenac
Frontenac gris
* * * * *
Fum[eacute] blanc (Sauvignon blanc)
* * * * *
Garnacha (Grenache, Grenache noir)
Garnacha blanca (Grenache blanc)
* * * * *
Geneva Red 7
* * * * *
Graciano
* * * * *
Grenache (Garnacha, Grenache noir)
Grenache blanc (Garnacha blanca)
Grenache noir (Garnacha, Grenache)
* * * * *
Gr[uuml]ner Veltliner
* * * * *
Interlaken
* * * * *
Island Belle (Campbell Early)
* * * * *
La Crescent
* * * * *
Lagrein
* * * * *
Lemberger (Blaufr[auml]nkish, Limberger)
* * * * *
Limberger (Blaufr[auml]nkisch, Lemberger)
Louise Swenson
Lucie Kuhlmann
* * * * *
Malvasia bianca (Moscato greco)
Mammolo
* * * * *
Marquette
* * * * *
Mataro (Monastrell, Mourv[egrave]dre)
* * * * *
Melon (Melon de Bourgogne)
* * * * *
Monastrell (Mataro, Mourv[egrave]dre)
* * * * *
Montepulciano
* * * * *
Moscato greco (Malvasia bianca)
Mourv[egrave]dre (Mataro, Monastrell)
* * * * *
Muscat Canelli (Muscat blanc)
* * * * *
Negrara
* * * * *
Negro Amaro
Nero d'Avola
* * * * *
Noiret
* * * * *
Peloursin
Petit Bouschet
Petit Manseng
* * * * *
Petite Sirah (Durif)
* * * * *
Picpoul (Piquepoul blanc)
* * * * *
Pinot Grigio (Pinot gris)
* * * * *
[[Page 66629]]
Pinot Meunier (Meunier)
* * * * *
Piquepoul blanc (Picpoul)
Prairie Star
* * * * *
Princess
* * * * *
Refosco (Mondeuse)
* * * * *
Reliance
* * * * *
Rkatsiteli (Rkatziteli)
* * * * *
Rondinella
* * * * *
Sabrevois
* * * * *
Sagrantino
* * * * *
St. Pepin
St. Vincent
* * * * *
Sauvignon gris
* * * * *
Seyval blanc (Seyval)
Shiraz (Syrah)
* * * * *
Trebbiano (Ugni blanc)
* * * * *
Valdepe[ntilde]as (Tempranillo)
* * * * *
Valiant
Valvin Muscat
* * * * *
Vergennes
Vermentino
* * * * *
Vignoles (Ravat 51)
* * * * *
White Riesling (Riesling)
Wine King
* * * * *
Zinthiana
Zweigelt
0
3. Section 4.92 is amended by removing the word ``prime'' or ``Prime''
wherever it appears, and by adding new paragraph (d) to read as
follows:
Sec. 4.92 Alternative names permitted for temporary use.
* * * * *
(d) Wines bottled prior to October 29, 2012.
Alternative Name/Name
Agwam--Agawam
Signed: August 22, 2011.
John J. Manfreda,
Administrator.
Approved: September 6, 2011.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2011-27812 Filed 10-26-11; 8:45 am]
BILLING CODE 4810-31-P