§ 19.356 - Alcohol content and fill.

§ 19.356 Alcohol content and fill.

Cross Reference

Link to an amendment published at 85 FR 18726, Apr. 2, 2020.

Cross Reference

Link to a correction published at 85 FR 20424, Apr. 13, 2020.

(a) General. At representative intervals during bottling operations, a proprietor must examine and test bottled spirits to determine whether the alcohol content and quantity (fill) of those spirits agree with what is stated on the label or the bottle. A proprietor's test procedures must be adequate to ensure accuracy of labels on the bottled product. Proprietors must record the results of all tests of alcohol content and quantity (fill) in the record required by § 19.600.

(b) Variations in fill. Quantity (fill) must be kept as close to 100 percent fill as the equipment and bottles in use will permit. There must be approximately the same number of overfills and underfills for each lot bottled. In no case will the quantity contained in a bottle vary from the quantity stated on the label or bottle by more than plus or minus:

(1) 1.5 percent for bottles 1.0 liter and above;

(2) 2.0 percent for bottles 999 mL through 376 mL;

(3) 3.0 percent for bottles 375 mL through 101 mL; or

(4) 4.5 percent for bottles 100 mL and below.

(c) Variations in alcohol content. Variations in alcohol content , subject to a normal drop that may occur during bottling, must not exceed :

(1)

0.

25

3 percent alcohol by volume

for products containing solids in excess of 600 mg per 100 ml;

(2) 0.25 percent alcohol by volume for all spirits products bottled in 50 or 100 ml size bottles; or

(3) 0.15 percent alcohol by volume for all other spirits and bottle sizes

above or below the alcohol content stated on the label.

(d) Example. Under paragraph (c) of this section, a product with a solids content of less than 600 mg per 100 ml, labeled as containing 40 percent alcohol by volume and bottled in a 750 ml bottle, would be acceptable if the test for alcohol content found that it contained no less than 39.85 7 percent alcohol by volume and no more than 40.3 percent alcohol by volume.

(26 U.S.C. 5201, 5301)

[T.D. TTB-92, 76 FR 9090, Feb. 16, 2011, as amended by T.D. TTB-158, 85 FR 18726, Apr. 2, 2020; 85 FR 20424, Apr. 13, 2020]