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Electronic Code of Federal Regulations

e-CFR data is current as of January 22, 2020

Title 27Chapter ISubchapter APart 5Subpart D → §5.37


Title 27: Alcohol, Tobacco Products and Firearms
PART 5—LABELING AND ADVERTISING OF DISTILLED SPIRITS
Subpart D—Labeling Requirements for Distilled Spirits


§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

(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]

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