[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31223-31224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15496]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
[Docket No. 829; Ref: ATF O 1130.2]
Delegation Order; Delegation to Bureau Headquarters Personnel of
Authorities of the Director in 27 CFR Parts 4, 5, and 7, Federal
Alcohol Administration (FAA) Act
1. Purpose. This order delegates certain authorities of the
Director to Bureau Headquarters Enforcement personnel.
2. Cancellation.
a. ATF O 1100.124A, Delegation Order--Delegation to the Associate
Director (Compliance Operations) of Authorities of the Director in 27
CFR Parts 4, 5, and 7, Federal Alcohol Administration (FAA) Act, dated
April 12, 1984, is canceled.
b. Specific authorities relating to 27 CFR Parts 4, 5, and 7, as
outlined in paragraph 5.b. of ATF O 1100.142, Delegation Order--
Redelegation by the Associate Director (Compliance Operations) of
Certain Authorities in Title 27 of the Code of Federal Regulations, are
canceled.
3. Background. Under current regulations, the Director has the
authority to take final action on matters relating to the labeling and
advertising of wine, distilled spirits, and beer. The Bureau has
determined that certain of these authorities should, in the interest of
efficiency, be redelegated to a lower organizational level.
4. Delegations. Under the authority vested in the Director, Bureau
of Alcohol, Tobacco and Firearms, by Treasury Department Order No. 120-
01, dated June 6, 1972 (formerly Treasury Department Order No. 221).
a. The Chief, Product Compliance Branch is delegated authority to
take final action on the following matters:
(1) To determine, pursuant to application, whether wine made from
any variety of any species which is too strongly flavored at 75 percent
minimum varietal content may be labeled with the varietal name, under
27 CFR 4.23(c)(2).
(2) To determine, whether a name of geographic significance which
is also the designation of a class or type of wine, is deemed to be
generic or semigeneric, under 27 CFR 4.24(a)(1) and 4.24(b)(1).
(3) To deem a name of geographic significance, which has not been
found to be generic or semigeneric to be the distinctive designation of
a wine when found that is known to the consumer and to the trade as a
designation of a specific wine of a particular place or region,
distinguishable from all other wines, under 27 CFR 4.24(c)(1).
(4) To determine when a brand name has viticultural significance,
under 27 CFR 4.39(i).
(5) To allow the use of product names with specific geographical
significance that because of their long usage are recognized by
consumers as fanciful product names and not representations as to
origin; and to require the label to bear a statement disclaiming the
geographical reference as a representation as to the origin of the
wine, under 27 CFR 4.39(j).
(6) To determine as generic those geographical names or distinctive
places for distilled spirits or malt beverages, which have by usage and
common knowledge lost their geographical significance to such an extent
that they have become generic, under 27 CFR 5.22(k)(2), 5.22(1)(2) and
7.24(g).
b. ATF Specialist, in the Product Compliance Branch, is delegated
authority to take final action on the following matters:
(1) To determine whether a brand name, either when qualified by the
word ``brand'' or when not so qualified, conveys no erroneous
impression as to the age, origin, identity, or other characteristics of
the product, under 27 CFR 4.33(b), 5.34(a), and 7.23(b).
(2) To approve methods for permanently marking the net contents on
bottles, under 27 CFR 4.37(c) and 5.38(c).
(3) To require the submission of a full and accurate statement of
the contents of containers and bottles to which labels are to be or
have been affixed, under 27 CFR 4.38(h) and 5.33(g).
(4) To prohibit any statement, design, device, or representation of
or relating to analyses, standards, tests, guarantees, irrespective of
falsity, which is likely to mislead the consumer, on a container or
bottle of wine, distilled spirits, or malt beverage, or on any label on
such container, or (with concurrence of the Chief, Market Compliance
Branch) any individual covering, carton, or other wrapper of such
container, or any written, printed, graphic, or other matter
accompanying such container to the consumer, under 27 CFR 4.39(a)(4),
4.39(a)(5), 5.42(a)(4), 5.42(a)(5), 7.29(a)(4), and 7.29(a)(5).
(5) To require that dates on labels, which refer to the
establishment of any business or brand name, be stated in direct
conjunction with the name of the person, company, or brand name to
which it refers in order to prevent confusion as to the person,
company, or brand name to which the establishment date is applicable,
under 27 CFR 4.39(d).
[[Page 31224]]
(6) To prohibit the use of any label which contains any statement,
design, device, or pictorial representation, which relates to or is
capable of being construed as relating to the Armed Forces of the
United States or to the American flag, or any emblem, seal, insignia,
or decoration associated with the Armed Forces or the flag, under 27
CFR 4.39(g), 5.42(b)(7), and 7.29(d).
(7) To require that the words ``cordial'' or ``liqueur'' be used to
designate a product when it is necessary to clearly indicate that the
product is a cordial or a liqueur, under 27 CFR 5.35(a).
(8) To require that the State of distillation be shown on the label
or to permit such other labeling as may be necessary to negate any
misleading or deceptive impression which may be created as to the
actual State of distillation, under 27 CFR 5.36(d).
(9) To specifically exempt, pursuant to application, liquor bottles
of unusual design from the ``headspace'' and ``design'' requirements
under 27 CFR 5.46.
(10) To approve certificates of label approval, under 27 CFR 4.40,
4.50(a), 5.51, 5.55(a), 7.31 and 7.41.
(11) To approve exemptions from label approval, under 27 CFR
4.50(b) and 5.55(b).
(12) To issue duplicate originals of certificates of label approval
or of certificates of exemptions, under 27 CFR 4.52 and 5.55(c).
(13) To approve distilled spirits formulas, under 27 CFR 5.26.
(14) To approve applications by successors to adopt predecessors'
distilled spirits formulas, under 27 CFR 5.28.
c. The Chief, Market Compliance Branch is delegated authority to
take final action on the following matters:
(1) To prohibit the use of any advertisement for wine, distilled
spirits, or malt beverages which contains any statement, design,
device, or representation of or relating to analyses, standards, tests,
or any guarantee, irrespective of falsity, which is likely to mislead
the consumer, under 27 CFR 4.64(a)(4), 4.64(a)(5), 5.65(a)(4),
5.65(a)(5), 7.54(a)(4), and 7.54(a)(5).
(2) To prohibit the use of an advertisement for distilled spirits
which contains any statement, design, device, or pictorial
representation which relates to or is capable of being construed as
relating to the Armed Forces of the United States, or the American
flag, or any emblem, seal, insignia, or decoration associated with such
flag or Armed Forces, under 27 CFR 5.65(g).
5. Redelegation. The authorities in this order may not be
redelegated.
6. For Information Contact. William Moore, Product Compliance
Branch, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts
Avenue, NW., Washington, DC 20226, (202) 927-8140.
Dated: May 29, 1996.
John W. Magaw,
Director.
[FR Doc. 96-15496 Filed 6-18-96; 8:45 am]
BILLING CODE 4810-31-P
