LABELING OF MALT BEVERAGES

Brewers, and others concerned:

Purpose. The purpose of this Circular is to inform brewers that there have been indications that malt beverages are being shipped in interstate commerce in containers bearing labels which include alcoholic content statements without regard to the requirements of state law in that respect.

Background. The Federal Alcohol Administration Act (27 U.S.C. 205(e)) and Section 7.26 of 27 CFR, Part 7, provide that the alcoholic content of malt beverages shall not be stated on labels unless required by state law. Since the issuance of Industry Circular No. 61-52, dated December 28, 1961, relating to shipments of malt beverages into the State of Washington, we have been informed that malt beverages labeled with statements of alcoholic content are being shipped into Idaho and possibly other states not requiring statements of alcoholic content on the labels.

Conclusion. Unless the laws of the state into which malt beverages are shipped specifically require a statement of alcoholic content on the labels, it is illegal under Federal law to make shipments into such states under labels bearing alcoholic content statements. In order to avoid violations under the Federal Alcohol Administration Act, particular attention should be given to State laws and in those cases where no specific requirements for the labeling of malt beverages with alcoholic content statements exist, shipments of malt beverages so labeled should be discontinued.

Inquiries. Correspondence in regard to this Industry Circular should refer to its number and be addressed to the Director, Alcohol and Tobacco Tax (CP:AT:B), Washington 25, D. C.

Dwight E. Avis
Director, Alcohol and Tobacco Tax Division