Rule2022-28374
Addition of Singani to the Standards of Identity for Distilled Spirits
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 13, 2023
Effective
February 13, 2023
Issuing agencies
Treasury DepartmentAlcohol and Tobacco Tax and Trade Bureau
Abstract
This final rule amends the Alcohol and Tobacco Tax and Trade Bureau regulations that set forth the standards of identity for distilled spirits to include "Singani" as a type of brandy that is a distinctive product of Bolivia. This amendment follows a joint petition submitted by the Plurinational State of Bolivia and Singani 63, Inc., and subsequent discussions with the Office of the United States Trade Representative.
Full Text
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<title>Federal Register, Volume 88 Issue 9 (Friday, January 13, 2023)</title>
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[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2224-2228]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28374]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 5
[Docket No. TTB-2021-0008; T.D. TTB-187; Re: Notice No. 205]
RIN 1513-AC61
Addition of Singani to the Standards of Identity for Distilled
Spirits
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This final rule amends the Alcohol and Tobacco Tax and Trade
Bureau regulations that set forth the standards of identity for
distilled spirits to include ``Singani'' as a type of brandy that is a
distinctive product of Bolivia. This amendment follows a joint petition
submitted by the Plurinational State of Bolivia and Singani 63, Inc.,
and subsequent discussions with the Office of the United States Trade
Representative.
DATES: This final rule is effective February 13, 2023.
FOR FURTHER INFORMATION CONTACT: Trevar D. Kolodny, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; telephone 202-453-2226.
SUPPLEMENTARY INFORMATION:
Background
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
codified in the United States Code at 27 U.S.C. 205(e), authorizes the
Secretary of the Treasury (the Secretary) to prescribe regulations
relating to the labeling of containers of alcohol beverages that will
prohibit consumer deception and provide the consumer with adequate
information as to the identity and quality of the product contained
therein.
The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the
FAA Act pursuant to section 1111(d) of the Homeland Security Act of
2002, as codified at 6 U.S.C. 531(d). In addition, the Secretary has
delegated certain administrative and enforcement authorities to TTB
through Treasury Department Order 120-01.
The TTB regulations in 27 CFR part 5 implement those provisions of
section 105(e) of the FAA Act as they pertain to distilled spirits.
Certificates of Label Approval
TTB's regulations at 27 CFR 5.24 prohibit the release of bottled
distilled spirits from customs custody for consumption unless the
person removing the distilled spirits has obtained and is in possession
of a Certificate of Label Approval (COLA) covering the product. The
bottles must bear labels identical to the labels appearing on the face
of the certificate, or labels with changes authorized by TTB. The TTB
regulations at 27 CFR 5.22 also generally prohibit the bottling or
removal of distilled spirits from a distilled spirits plant unless the
proprietor possesses a COLA covering the labels on the bottle.
Classes and Types of Spirits
The TTB regulations establish standards of identity for distilled
spirits products and categorize these products according to various
classes and types. See 27 CFR part 5, subpart I. As defined in 27 CFR
5.141(a), the term ``class'' refers to a general category of spirits.
Subpart I sets out the various classes of distilled spirits, such as
whisky, rum, gin, and brandy. As used in Sec. 5.141(a), the term
``type'' refers to a subcategory within a class of spirits. For
example, ``Cognac'' and ``Pisco'' are types of brandy, and
``Cacha[ccedil]a'' is a type of rum.
The TTB labeling regulations at 27 CFR 5.63(a)(2) require that the
class, type, or other appropriate designation appear on the distilled
spirits labels. If a class or type does not appear on the label, 27 CFR
5.156 and 5.166 require that such products be designated in accordance
with trade and consumer understanding thereof, or, if no such
understanding exists, with a distinctive or fanciful name appearing in
the same field of vision as a statement of composition.
Classification of Singani
``Singani'' is a term recognized by the Plurinational State of
Bolivia (Bolivia) as a designation for an alcohol beverage product that
is distilled from grape wine or grape pomace and produced in certain
delimited parts of Bolivia. Under current TTB distilled spirits
labeling regulations, Singani products are generally classified as
brandies. TTB's regulations at 27 CFR 5.145(a) provide that ``brandy''
is a spirit distilled from the fermented juice, mash, or wine of fruit,
or from the residue thereof. For this purpose, brandy must be distilled
at less than 95 percent alcohol by volume (190[deg] proof) and be
bottled at not less than 40 percent alcohol by volume (80[deg] proof).
Under Sec. 5.145(b), brandies generally must be labeled with their
applicable type name as specified in the regulations, or, if the brandy
does not conform to a specified type, must be labeled as ``brandy''
followed immediately by a truthful and adequate statement of
composition.
Section 5.145(c) sets out the specific types of brandy and the
standards for each type. As described by petitioners Singani 63, Inc.
(Singani 63) and Bolivia, Singani may meet the criteria of several of
these types of brandy, such as ``fruit brandy'' under Sec. 5.145(c)(1)
or ``pomace brandy'' (including ``grappa brandy'') under Sec.
5.145(c)(9), depending on the amount of pomace used.
Section 5.145(c)(1) states that fruit brandy derived solely from
grapes and stored for at least 2 years in oak containers must be
designated as ``grape brandy'' or ``brandy.'' That regulation also
generally requires that such grape brandy must be labeled as ``immature
grape brandy'' or ``immature brandy'' if it has been stored in oak
barrels for fewer than two years. However, this labeling requirement
does not apply to other types of brandy derived from grapes specified
in Sec. 5.145(c). The Bolivian standards submitted by petitioners
contain no minimum aging requirements, and petitioners' submissions
suggest that, unlike many grape brandies, Singani is generally not aged
in wood. Under current TTB regulations, a Singani product classified as
a grape brandy under paragraph (c)(1) would need to be labeled as an
immature brandy unless it was aged in oak barrels for at least two
years.
[[Page 2225]]
According to information submitted by the petitioners, under the
standards set forth by Bolivia, certain categories of Singani may have
a minimum alcohol content by volume of as low as 35 percent (70[deg]
proof). However, under Sec. 5.145(a), all brandy must be bottled at
not less than 40 percent alcohol by volume (80[deg] proof). Thus, under
TTB's current regulations, only Singani products bottled at a minimum
of 40 percent alcohol by volume (80[deg] proof) may be labeled as any
type of brandy specifically defined under the standard of identity in
Sec. 5.145(c). A Singani product bottled at less than 40 percent
alcohol by volume (80[deg] proof) could be labeled as a ``diluted''
brandy in accordance with Ruling 75-32 of the Bureau of Alcohol,
Tobacco and Firearms (TTB's predecessor agency), or as a distilled
spirits specialty product bearing a statement of composition and
fanciful name as required under Sec. Sec. 5.156 and 5.166. Possible
statements of composition for such a specialty product could include
``spirits distilled from grapes'' or ``grape spirits.''
Singani Petitions and Letters
Petitions and Related Letters
TTB received a petition from Singani 63, a distilled spirits
importer, dated November 18, 2014, proposing that TTB amend its
regulations to recognize Singani as a type of brandy that is a
distinctive product of Bolivia. In support of this petition, Bolivia
submitted letters to TTB in December 2015 and January 2017. Singani 63
also submitted a letter to TTB in June 2017 that provided additional
information related to the petition.
In the petition, Singani 63 stated that TTB's recognition of
Singani as a distinctive product would benefit consumers by informing
them that the product was produced and labeled in compliance with
Bolivia's laws. It also asserted that Singani is a product that is
distinct from other types of brandy. Furthermore, both Singani 63 and
Bolivia indicated that Bolivia had established a legal standard for
Singani as an exclusively Bolivian product.
In response to these submissions, TTB issued letters in February
and October 2017, in which TTB addressed the petitioner's request for
rulemaking and identified several deficiencies in the petition and its
supporting documents. Accordingly, TTB did not undertake rulemaking at
that time to amend its regulations as proposed in Singani 63's
petition.
TTB subsequently received a joint petition from Singani 63 and
Bolivia in November 2018, again proposing that TTB recognize Singani as
a type of brandy that is a distinctive product of Bolivia. The 2018
joint petition contained additional information in support of its
regulatory proposal, including official translations of Bolivian laws
and decrees governing the production of Singani.
2020 U.S.-Bolivia Exchange of Letters on Unique Distilled Spirits
Following discussions between officials of Bolivia and the Office
of the U.S. Trade Representative (USTR), and after consultations
between USTR and TTB, USTR and Bolivia's Ministry of Foreign Affairs
exchanged letters on January 6, 2020. The exchange of letters agreed
upon a procedure that could potentially lead each party to recognize as
distinctive certain distilled spirits products produced in the other
party's territory.
The exchange of letters provides that the United States shall
endeavor to publish a Notice of Proposed Rulemaking to promulgate a
regulation that would provide that Singani is a type of brandy that is
a distinctive product of Bolivia. The exchange of letters further
provides that if, following this proposed rule, the United States
publishes a final rule announcing the promulgation of a regulation
establishing Singani as a type of brandy that is a distinctive product
of Bolivia, then Bolivia shall, within thirty (30) days thereafter,
recognize Bourbon Whiskey and Tennessee Whiskey as distinctive products
of the United States. Following such recognition, Bolivia shall
prohibit the sale within Bolivia of any product as Bourbon Whiskey, or
Tennessee Whiskey, if it has not been manufactured in the United States
in accordance with the laws and regulations of the United States
governing the manufacture of Bourbon Whiskey and Tennessee Whiskey.
These protections also apply to products spelled as ``Bourbon Whisky''
or ``Tennessee Whisky.'' The publication of this final rule activates
Bolivia's obligations under the exchange of letters agreement.
Singani Production
The Bolivian decrees and regulations submitted with the 2018 joint
petition establish that Bolivia defines ``Singani'' as a brandy product
of Bolivia. Of the Bolivian decrees and regulations submitted, Bolivian
Standard NB 324001 contains the most specific standards for Singani.
Among other requirements, NB 324001 requires that Singani be obtained
exclusively by distillation of wines made of Vitis vinifera grapes
produced at a minimum altitude of 1,600 meters above sea level,
prepared, distilled, and bottled in traditional ``zones of origin'' at
a minimum altitude of 1,600 meters above sea level. NB 324001 lists
several different categories of Singani, some of which have more
specific requirements, such as requiring the product to be made from
Muscat of Alexandria grapes specifically. NB 324001 classifies Singani
in the group ``Brandies and liquors.''
In a prior rulemaking, TTB distinguished Singani from Pisco, which
is a type of grape brandy manufactured in Peru or Chile in accordance
with the laws and regulations of those countries. In 2013, TTB updated
its labeling regulations to add Pisco as a type of brandy that is
manufactured only in Peru and Chile. In regard to brandy produced in
Bolivia, TTB determined that it would not recognize Pisco as a type of
brandy produced in that country. See T.D. TTB-113 (78 FR 28739, May 16,
2013). TTB stated that Bolivia maintains standards for Singani but not
for Pisco, and cited other evidence suggesting that Pisco and Singani
are different products.
Notice of Proposed Rulemaking
On August 25, 2021, TTB published Notice No. 205 in the Federal
Register, proposing to amend the regulations setting forth the
standards of identity for distilled spirits (86 FR 47429).
Specifically, TTB proposed amending Sec. 5.22(d), now Sec. 5.145,
which lays out the standard of identity for brandy, to include Singani
as a type of brandy that is a distinctive product of Bolivia. TTB also
asserted that evidence suggests that the generally recognized
geographical limits of the Singani-producing areas do not extend beyond
certain delimited ``zones of production'' located exclusively in
Bolivia.
Since the publication of Notice No. 205, TTB has published T.D.
TTB-176, Modernization of the Labeling and Advertising Regulations for
Distilled Spirits and Malt Beverages (see the Federal Register,
February 9, 2022, 87 FR 7526). In T.D. TTB-176, TTB finalized a
reorganization of 27 CFR part 5, including amendments to improve
clarity and readability, incorporate current policy into the current
regulations, and adopt certain liberalizing changes. Where necessary,
TTB has updated regulatory citations and text in this document to
reflect the changes in T.D. TTB-176.
In Notice No. 205, TTB proposed to recognize Singani as a type of
brandy derived from grapes that is manufactured in Bolivia in
compliance with the laws and regulations of Bolivia
[[Page 2226]]
governing the manufacture of Singani for consumption in that country.
Under the proposed rule, the product could simply be labeled as
``Singani'' without the term ``brandy'' appearing on the label, in the
same way that products with the type designations ``Cognac'' or
``Pisco'' are not required to bear the broader class designation
``brandy.''
TTB noted that the Bolivian standard allows products designated as
Singani to have an alcohol content ranging from 35 to 45 percent
alcohol by volume (70[deg] to 90[deg] proof), while TTB's standard of
identity for brandy requires all brandy products to have a minimum
alcohol content of 40 percent by volume (80[deg] proof). TTB therefore
proposed to exempt Singani from the general minimum bottling proof
requirement for brandy (now in Sec. 5.145(a)) to allow Singani to be
bottled at not less than 35 percent alcohol by volume (70[deg] proof)
in accordance with the laws and regulations of Bolivia.
In addition, TTB proposed to exempt Singani from the requirement
that grape brandies (as currently defined in Sec. 5.145(c)(1)) be
labeled with the word ``immature'' if they have been stored in oak
containers for less than two years. TTB noted that Bolivian standards
do not require that Singani be aged and explained that the same
exemption applies to other types of brandy derived from grapes
(specifically neutral brandy, pomace brandy, marc brandy, grappa
brandy, Pisco, Pisco Per[uacute], and Pisco Chileno).
Effect on Currently Approved Labels
In Notice No. 205, TTB stated that the proposed change to the
regulations would revoke by operation of regulation any COLAs that
specify ``Singani'' as the brand name or fanciful name, or as part of
the brand name or fanciful name, of distilled spirits products that are
not products of Bolivia. However, TTB also noted that it had searched
its COLA database, and that the results of the search did not show any
approved labels that used the term ``Singani'' as the brand name or
fanciful name, or as part of the brand name or fanciful name, for
distilled spirits produced outside Bolivia.
Comments Received and TTB Response
TTB received nine comments in response to Notice No. 205. All
comments appear on ``<a href="http://Regulations.gov">Regulations.gov</a>,'' the Federal Rulemaking portal,
at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, in Docket No. TTB-2021-0008. The nine
comments came from on-premise retailers (2), members of the general
public (2), trade associations (2), one anonymous commenter, the
Embassy of Bolivia, and Singani 63. All nine commenters supported TTB's
proposal to recognize Singani as a distinctive product of Bolivia in
the United States.
Based on a review of the comments, TTB has determined that it will
finalize the proposal to recognize Singani as a distinctive product of
Bolivia. As discussed further below, TTB is modifying one aspect of its
proposal as it pertains to the minimum bottling proof for Singani.
General Comments Concerning TTB's Proposal To Recognize Singani as a
Distinctive Product of Bolivia
The two on-premise retailers (Ivy Mix and Alex Day) both stated
that the distinctive product designation would help consumers and
bartenders understand Singani in relation to other brandy products, and
they each submitted published books they wrote, ``Cocktail Codex''
(Day, Fauchald, Kaplan and Darby, 2018) and ``Spirits of Latin
America'' (Mix and Carpenter, 2020), both of which described Singani in
detail.
A comment from a member of the public located in Bolivia (Carlos
Paz) and the comment from the anonymous commenter similarly agreed that
the designation would help U.S. consumers understand this distilled
spirit and its distinctiveness compared to other brandy products. The
anonymous commenter also included a 109-page document purporting to be
a list of individuals who supported recognition of Singani as its own
category as part of an online petition. The other member of the public
(Dominick O'Neal) agreed that the Bolivian standards for brandy
production are unique, and also mentioned that the reciprocal nature of
the exchange of letters agreement would allow this rulemaking to
benefit distilled spirits in the United States as well.
Petitioners Singani 63 and the Embassy of Bolivia also submitted
comments in support of the proposal. Singani 63 summarized the elements
that make Singani distinctive among distilled spirits products, and the
Embassy of Bolivia highlighted the extent to which Singani is part of
Bolivia's cultural heritage.
Both trade associations that commented, the National Association of
Beverage Importers (NABI) and the Distilled Spirits Council of the
United States (DISCUS), also lent their support to the proposal to add
Singani as a type of brandy that is a distinctive product of Bolivia,
although DISCUS's support came with certain reservations regarding the
proposed minimum bottling proof requirement for Singani, as discussed
below. DISCUS confirmed that neither DISCUS nor its member companies
are aware of any Singani production outside Bolivia.
TTB did not receive any comments alerting us to any COLAs that
would be revoked by operation of regulation if the proposed rule were
to be adopted as a final rule.
Comments Concerning TTB's Proposal To Authorize a 70[deg] Minimum
Bottling Proof for Singani
Three commenters responded to TTB's specific invitation for
comments on the proposal to authorize a minimum bottling proof of 35
percent alcohol by volume (70[deg] proof) for Singani, which is lower
than the minimum bottling proof of 40 percent alcohol by volume
(80[deg] proof) required for brandy generally.
Two of these commenters (NABI and Dominick O'Neal) supported TTB's
proposal to authorize a lower minimum bottling proof for Singani,
arguing that the lower bottling proof requirement reinforces the
uniqueness of Singani as a category. NABI also asserted that allowing
Singani imports with a bottling proof standard that complied with the
Bolivian legal standard, even while falling below TTB's minimum
requirement for brandy generally, would benefit consumers by ensuring
that they receive a product that is ``fully true to its heritage in the
country of origin[.]''
NABI also argued that aligning the U.S. and Bolivian minimum
bottling proof standards for Singani would reduce the regulatory burden
on importers, who would no longer have to manage inventory controls to
prevent lower proof Singani from reaching the U.S. market. NABI also
expressed its concern that requiring Singani bottled at an alcohol by
volume content less than 40 percent (80[deg] proof) to be labeled as
``diluted'' is inconsistent with the standard in the country of origin.
Finally, while acknowledging that other distilled spirits products fall
outside the scope of the proposed rulemaking, NABI opined that other
distinctive distilled spirits products would benefit from similar
treatment, including Tequila.
In contrast, DISCUS disagreed with TTB's proposal to allow Singani
products to have a lower bottling proof than other brandy products.
DISCUS argued that this proposal was inconsistent with TTB's general
minimum bottling proof for brandies. DISCUS also noted that TTB's
labeling regulations require other geographically distinctive products,
such as Tequila, Cacha[ccedil]a, Mezcal, Pisco Peru, and Pisco Chileno,
to be bottled at a minimum of 40 percent alcohol by volume (80[deg]
proof).
[[Page 2227]]
TTB Response to Comments Concerning the Proposal to Authorize a 70[deg]
Minimum Bottling Proof for Singani
Based on a review of the comments, TTB has decided that it will not
proceed with the proposal to authorize a minimum bottling proof of 35
percent alcohol by volume (70[deg] proof) for Singani at this time.
Instead, TTB will authorize a minimum bottling proof of 40 percent
alcohol by volume (80[deg] proof), which is consistent with the minimum
bottling proof requirements for brandy generally and for other
geographically distinctive products currently recognized under TTB
regulations, such as Tequila, Cacha[ccedil]a, Mezcal, Pisco Peru, and
Pisco Chileno.
TTB recognizes that exempting Singani from the minimum bottling
proof requirements for brandy would promote consistency with Bolivian
rules that allow a lower minimum bottling proof for certain categories
of Singani. However, authorizing such an exception for Singani would
not be consistent with the minimum bottling proof rules that apply to
all other brandies under the TTB regulations. In addition, as
referenced in Notice No. 205 and in comments from NABI and DISCUS, the
TTB regulations have not previously authorized bottling proofs for
other types of products that are below the minimum bottling proof
prescribed for the product's class designation, even when a foreign
standard permits a lower proof. Accordingly, TTB will consider whether
to address exceptions to minimum bottling proofs for Singani and other
distinctive products in a possible future rulemaking.
TTB Finding
After careful review of the comments discussed above and
consideration of the terms of the 2020 exchange of letters between the
United States and Bolivia, TTB has determined that it is appropriate to
adopt the regulatory amendments proposed in Notice No. 205, with
necessary technical changes to reflect the subsequent amendments to
TTB's distilled spirits labeling regulations published in T.D. TTB-176,
and with changes to the proposed minimum bottling proof requirement as
discussed above. This final rule therefore amends the standards of
identity in Sec. 5.145(c) to add Singani as a specific type of brandy
derived from grapes that is manufactured in Bolivia in compliance with
the laws and regulations of Bolivia governing the manufacture of
Singani for consumption in that country. For this purpose, Singani only
includes products bottled at not less than 40 percent alcohol by volume
(80[deg] proof), which is the minimum bottling proof required for
brandies in general. Singani bottled at less than 40 percent alcohol by
volume (80[deg] proof) would need to be labeled as ``Diluted'' Singani,
or as a distilled spirits specialty product bearing a statement of
composition and fanciful name. Because Bolivian standards do not
require Singani to be aged, this final rule does not require Singani to
be labeled as ``immature'' or to be labeled with any age statement.
Effect on Existing Labels
This amendment to the TTB regulations revokes by operation of
regulation any COLA that uses the term ``Singani'' as a designation for
a distilled spirits product that was not manufactured in Bolivia in
accordance with the laws and regulations of Bolivia governing the
manufacture of Singani for consumption in that country. TTB has
searched its COLA database and does not believe that this rulemaking
will affect any existing labels. TTB also solicited comments on whether
this rulemaking would affect any existing labels, and TTB did not
receive any comments indicating any adverse impact.
TTB will continue to allow the use of the terms ``Singani'' as
additional information on labels of products that are currently
designated as ``brandy'' as long as the products in question meet the
new regulatory standards for designation as ``Singani.'' Once the final
rule goes into effect, future labels of such products may be designated
as Singani without the use of the designation ``brandy'' on the label.
Regulatory Analysis and Notices
Regulatory Flexibility Act
Pursuant to the requirements of the Regulatory Flexibility Act (5
U.S.C. chapter 6), TTB certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
The final rule amends the standards of identity for brandy in TTB's
regulations at 27 CFR 5.145(c) and makes conforming edits in other
sections of part 5. It does not impose or otherwise cause any new
reporting, recordkeeping, or other administrative requirements. TTB
does not believe this rulemaking will affect any existing labels for
distilled spirits products, and TTB did not receive any comments
indicating that this rulemaking would affect any existing labels.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
This final rule is not a significant regulatory action as defined
in Executive Order 12866. Therefore, a regulatory assessment is not
required.
Drafting Information
Trevar D. Kolodny of the Regulations and Rulings Division, Alcohol
and Tobacco Tax and Trade Bureau, drafted this final rule.
List of Subjects in 27 CFR Part 5
Advertising, Alcohol and alcoholic beverages, Consumer protection,
Customs duties and inspection, Imports, Labeling, Liquors, Packaging
and containers, and Reporting and recordkeeping requirements.
Amendments to the Regulations
For the reasons discussed in the preamble, TTB amends 27 CFR part 5
as follows:
PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRITS
0
1. The authority citation for part 5 continues to read as follows:
Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 205 and 207.
Subpart C--Alteration of Labels, Relabeling, and Adding Information
to Containers
0
2. Section 5.74 is amended by:
0
a. In paragraph (c), by revising the first sentence; and
0
b. By revising paragraph (f)(1)(ii).
The revisions read as follows:
Sec. 5.74 Statements of age, storage, and percentage.
* * * * *
(c) * * * A statement of age on labels of rums, brandies, and agave
spirits is optional, except that, in the case of brandy (other than
immature brandies, fruit brandies, marc brandy, pomace brandy, Pisco
brandy, Singani brandy, and grappa brandy, which are not customarily
stored in oak barrels) not stored in oak barrels for a period of at
least two years, a statement of age must appear on the label. * * *
* * * * *
(f) * * *
(1) * * *
(ii) Labels of whiskies and brandies (other than immature brandies,
pomace brandy, marc brandy, Pisco brandy, Singani brandy, and grappa
brandy) not required to bear a statement of age, and rum and agave
spirits aged for not less than four years, may contain general
inconspicuous age, maturity or similar
[[Page 2228]]
representations without the label having to bear an age statement.
* * * * *
Subpart I--Standards of Identity for Distilled Spirits
0
3. Section 5.145 is amended by:
0
a. In paragraph (b), removing the words ``(c)(1) through (12)'' and
adding, in their place, the words ``(c)(1) through (13);
0
b. Revising paragraph (c) introductory text;
0
c. Redesignating paragraphs (c)(7) through (12) as (c)(8) through (13);
and
0
d. Adding new paragraph (c)(7).
The revisions and addition read as follows:
Sec. 5.145 Brandy.
* * * * *
(c) Types. Paragraphs (c)(1) through (13) of this section set out
the types of brandy and the standards for each type.
------------------------------------------------------------------------
Type Standards
------------------------------------------------------------------------
* * * * * * *
(7) Singani.............. Brandy derived from grape/s that is
manufactured in Bolivia in accordance with
the laws and regulations of Bolivia
governing the manufacture of Singani for
consumption in that country.
* * * * * * *
------------------------------------------------------------------------
Subpart N--Advertising of Distilled Spirits
0
4. In Sec. 5.235(c), revise the third sentence to read as follows:
Sec. 5.235 Prohibited practices.
* * * * *
(c) * * * An advertisement for any whisky or brandy (except
immature brandies, pomace brandy, marc brandy, Pisco brandy, Singani
brandy, and grappa brandy) which is not required to bear a statement of
age on the label or an advertisement for any rum or agave spirits,
which has been aged for not less than 4 years may, however, contain
inconspicuous, general representations 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.
* * * * *
Signed: December 20, 2022.
Mary G. Ryan,
Administrator.
Approved: December 20, 2022.
Thomas C. West, Jr.
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2022-28374 Filed 1-12-23; 8:45 am]
BILLING CODE 4810-31-P
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