STANDARD OF IDENTITY FOR TEQUILA
Proprietors of Distilled Spirits Plants,
Importers and Others Concerned:
Purpose. The purpose of this circular is to advise you of ATF
Ruling 75-24 which was published in the ATF Bulletin for August 1975.
The ruling clarifies the position of the Bureau with respect to the
storage, treatment, formulation, and labeling of Tequila. ATF Ruling
74-29, ATF Cumulative Bulletin 1974, 49, is superseded. The new rul-
ing reads as follows:
The Bureau of Alcohol, Tobacco and Firearms has reviewed its po-
sition with regard to the domestic treatment and storage of Tequila.
As a result of the review, formulas and labels for Tequila will be
affected, and ATF Ruling 74-29 is made obsolete.
As of February 1, 1974, the official standard of identity for
Tequila was amended to recognize Tequila as a distinctive product of
Mexico. As amended by Treasury Decision ATF-7, ATF Cumulative Bulletin
1974, 11, 27 CFR 5.22(g) now reads, in pertinent part, as follows:
Tequila is a distinctive product of Mexico, manufac-
tured in Mexico in compliance with the laws of Mexico
regulating the manufacture of Tequila for consumption
in that country.
The wording in this amendment exactly parallels the phrasing used
in regulations to recognize "Scotch," "Irish," and "Canadian" whiskies
as distinctive products of Scotland, Ireland, and Canada, respectively.
The Bureau has long maintained that for any imported liquor to
retain its identity as a distinctive product of a foreign country, it
must have been manufactured in compliance with the laws and regulations
of that country, and it must not be subjected to further manufacture in
the United States by any act of rectification.
Held, after March 1, 1976, the authorized treatment of Tequila in
the United States will be limited to:
1. Reduction with water to a bottling proof
of not less than 80° proof, provided, however, if
diluted with water to a bottling proof of less than
80° proof, such dilution must be pursuant to an
approved formula on Form 27-B Supplemental and the
product must be labeled as "Diluted Tequila."
2. Mingling with other Tequilas which were
produced by the same distiller and which are other-
wise homogeneous within the rules set forth under
27 CFR 201.297, 201.312, and 201.447. These restric-
tions would also apply to the mingling of returned
bottled Tequila.
3. Filtration and clarification, provided such
treatments do not alter the basic composition or
characteristics of the Tequila.
4. Storage in oak barrels.
The use of Tequila in the manufacture of cocktails and other dis-
tilled spirits specialties is not affected by the amended standard of
identity.
Operations no longer authorized for the treatment of Tequila, in
the United States, include:
1) the addition of coloring, flavoring,
and blending materials, whether or not such addition is within the 2½
percent by volume limitation provided in 27 CFR 5.23(a)(2);
(2) the
use of caramel for color adjustment; and
(3) the mingling of Tequilas
produced by different distillers. Tequila which has been subjected to
any such operation may not be designated as Tequila under 27 CFR 5.22(g),
amended, since such operations would constitute acts of further manu-
facturing within the United States.
Accordingly, all currently approved Forms 27-B Supplemental, Formula
and Process for Rectified Products, authorizing operations with respect
to Tequila which will no longer be permitted under the provisions of this
ruling, must be surrendered for cancellation on or before March 1, 1976.
All label approvals issued for use in conjunction with such formulas and
all label approvals covering labels on which the wording and/or graphic
devices no longer conform to the requirements for Tequila under the new
standard of identity will expire as of April 1, 1976.
ATF Ruling 74-29, ATF C.B. 1974, 49, is superseded.
Importers of bottled Tequila are reminded that the Tequila will not
be released from customs custody for consumption unless a certificate of
a duly authorized official of the Mexican Government is filed with the application for release. The certificate must state that the Tequila
is entitled to be designated as Tequila under the applicable laws and
regulations of Mexico (27 CFR 5.52(c)(1)). If the label of any Tequila
imported in bottles contains any statement of age, the Tequila will not
be released from customs custody for consumption unless a certificate of
a duly authorized official of the Mexican Government, attesting to the
age of the youngest Tequila in the bottles is filed with the application
for release (27 CFR 5.52(c)(2)). The age certified shall be the period
during which the Tequila has been stored in oak containers after distilla-
tion and before bottling.
Tequila imported in bulk for bottling in the United States shall
not be removed from the plant where bottled unless the bottler possesses
certificates of age and certificates of origin applicable to such spirits
which are similar to the certificates required by 27 CFR 5.52 for like
distilled spirits imported in bottles (27 CFR 5.56).
Inquiries. Inquiries concerning this circular should refer to its
number and be addressed to the Assistant Director, Regulatory Enforce-
ment, Bureau of Alcohol, Tobacco and Firearms, 1200 Pennsylvania Avenue,
N. W., Washington, D. C. 20226.

Rex D. Davis
Director |