Domestic Ice Wine Labeling

By Leslie Nelson (202) 927-8140

ATF will soon be issuing a ruling, which holds that wine made from grapes frozen after harvest may not be labeled with the term "ice wine", or any variation thereof, and if the wine is labeled to suggest it was made from such frozen grapes, the label must be qualified to show that the grapes were frozen post-harvest. This ruling amplifies ATF Rulings 78-4 and 82-4. ATF Ruling 78-4, 1978 C.B. 61, held that the term "ice wine" may only appear on labels of wine made from grapes that were partially frozen on the vine. ATF Ruling 82-4, 1982-2 Q.B. 43 held, in part, that wine made from concentrate or which has been sweetened or fortified may not bear labels containing the terms "late harvest," "ice wine" or similar designations.

ATF is aware that a number of domestic wine producers desiring to make a wine similar in style to ice wine are practicing cryoextraction in which the grapes are frozen after harvest but before pressing. This method is not weather-dependent and is a cost-effective means of producing juice with properties similar to juice pressed from grapes frozen on the vine. The production of true ice wine is a very labor intensive process with the pressing of the grapes frozen on the vine yielding a much smaller quantity of very sweet, concentrated juice.

27 CFR 4.39(a)(1) prohibits the use of any term or statement on a wine label which tends to create a misleading impression about the wine. Because "ice wine" is a recognized term for wine made from grapes frozen on the vine, the use of this term is misleading to consumers if used on a label of wine made using methods such as cryoextraction which simulates the properties of ice wine. 27 CFR 4.39(l) impacts the labeling of ice wine as well. 27 CFR 4.39(l) prohibits the use of any foreign term on a domestic wine label which either describes a condition of the grapes at the time of harvest or which denotes quality under foreign law. ALFD will evaluate foreign terms appearing on domestic wine labels which might lead the consumer to believe the product is ice wine. If you have any questions regarding this matter, please contact ALFD Customer Service at (202) 927-8140, toll free (866) 927-ALFD (2533) or by email at alfd@atfhq.atf.treas.gov.

Organic Labeling

By Rick Evanchec, (202) 927-8140

On October 8, 2002, ATF issued a temporary rule to amend its alcohol labeling and advertising rules. The amended rules cross-reference the United States Department of Agriculture's (USDA) National Organic Program (NOP) rules. Any alcohol beverage labeled or advertised with an organic claim must comply with both NOP rules administered by USDA and the applicable rules administered by ATF. You may view the ATF temporary rule at http://www.atf.gov/regulations/td483.pdf

Anyone wishing to submit comment on the rule may do so until December 9, 2002.

Questions or suggestions relating to the Alcohol & Tobacco Newsletter should be directed to the Editor by fax at (202) 927-5611 or by mail at the following address: Bureau of ATF, 650 Massachusetts Avenue, NW, Room 8110, Attention: Joette Brown, Editor, Alcohol & Tobacco Newsletter, Washington, D.C. 20226.