The Alcohol and Tobacco Tax and Trade Bureau (TTB) has published several
notices pertaining to the regulation of wine and spirits. Comments on all
are requested by January 3, 2011. Responding to recent action taken by the
Food and Drug Administration with respect to cochineal extract and carmine,
which will have to be declared on food labels because of their potential for
severe allergic reactions, TTB has proposed requiring the disclosure of these
ingredients on wines, distilled spirits and malt beverages. Cochineal extract and carmine are derived from an insect native to subtropical South America
and Mexico. According to TTB, its proposal “would allow consumers who are
allergic to cochineal extract or carmine to identify and thus avoid alcohol
beverage products that contain these color additives.”

TTB has also proposed amending wine labeling regulations “to allow the
labeling of imported wines with multistate appellations of origin.” According
to the agency, this “would provide treatment for imported wines similar to
that currently available to domestic wines bearing multistate appellations.
It would also provide consumers with additional information regarding the
origin of these wines.” The proposed rulemaking responds to a petition filed
by the Australian Wine and Brandy Corp., which requested that its exported
wines be allowed to include multiple state designations where the grapes in
the product are from the listed regions.

In a related matter, TTB has announced that it is considering amending regulations addressing various winemaking terms “commonly used in labels and in advertisements to provide consumers with information about the growing or bottling conditions of wine.” The agency seeks public input on the use and definition of terms such as “estate,” “estates” or “estate bottled,” as well as “proprietor grown,” “vintner grown,” “vineyard,” “orchard,” “farm,” “ranch,” “proprietors blend,” “old vine,” “barrel fermented,” “old clone,” “reserve,” “select harvest,” “bottle aged,” and “barrel select.” See Federal Register, November 3, 2010.

About The Author


For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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