Rev. Ruling 59-218
Olallie may be Labeled as Blackberry Wine
Advice has been requested whether wine made from the Olallie variety of blackberry may be labeled as "Blackberry Wine."
Section 4.21(e), Class 5, of the Federal Labeling and Advertising of Wine Regulations, issued pursuant to the for fruit wine and provides, in part, that "berry wine" is fruit wine produced from berries.
Revenue Ruling 55-553 provides that wine made from a variety of blackberry known as the Olallie berry may be labeled as "Blackberry Wine of the Olallie variety."
The Federal-State Market News Service of the United States Department of Agriculture and the California Department of Agriculture, and the Agricultural Marketing Service of the United States Department of Agriculture recognize the Olallie as a variety of blackberry, whereas they do not so recognize the Boysenberry, Loganberry, or Youngberry. Moreover price lists of California canners and packers of berries list the Olallie under the general category of blackberries, in the same manner as the "Evergreen," and "Himalaya" are listed; whereas Boysenberries, Loganberries, Youngberries are listed separately.
As early as 1956, consignor's invoices and consignee's purchase orders described the berries as the Olallie variety of California Blackberries or simply as Blackberries. Also, Olallies have been packaged under labels designating them as "Blackberries" or "California Blackberries" for the past several years.
Accordingly, in view of this history of the Olallie variety being known to the trade and consumers as a "Blackberry" or California Blackberry," wine made form the Olallie variety may be designated as "Blackberry Wine" or "Blackberry Wine of the Olallie Variety."
Revenue Ruling 55-553, supra, is amplified.
27 U.S.C. 205; 27 CFR 4.21