[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Proposed Rules]
[Pages 33448-33450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15944]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 4
[Notice No. 876; Ref: Notice Nos. 861 and 867]
RIN 1512-AB70
Net Contents Statement on Wine Labels (95R-054P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing
this notice of withdrawal to inform interested persons that we are not
pursuing rulemaking regarding the net contents statement on wine labels
as proposed in Notice No. 861. The majority of commenters believe that
allowing the net contents to be expressed in centiliters as an
alternative to milliliters is misleading and would result in consumer
confusion.
FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Regulations
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts
Avenue, NW., Washington, DC 20226 (202-927-8230).
SUPPLEMENTARY INFORMATION:
Background
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), vests broad authority in the Director of ATF, as the
delegate of the Secretary of the Treasury, to prescribe regulations
intended to prevent deception of the consumer and to provide the
consumer with adequate information as to, among other things, the net
contents of the product. Regulations which implement the provisions of
section 105(e), as they relate to wine, are set forth in title 27, Code
of Federal Regulations (CFR), part 4. Section 4.32(b) provides, in
part, that a statement of net contents must appear on the label of all
containers of wine in accordance with section 4.37. Section 4.37
provides that the net contents of wine for which a metric standard of
fill is prescribed must be stated on the label in the same manner and
form as set forth in the standard of fill. The authorized metric
standards of fill for American and imported wine, for sale in
interstate commerce within the United States, are set forth in section
4.73 as follows:
3 liters
1.5 liters
1 liter
750 milliliters
500 milliliters
375 milliliters
187 milliliters
100 milliliters
50 milliliters
As provided in section 4.37(a), the net contents of wine for which no
standard of fill is prescribed, e.g., sake, must be stated in liters
and in decimal portions of a liter for quantities larger than one
liter, and in milliliters for quantities of less than one liter.
Pursuant to section 4.32(b)(2), if the net contents of the wine is
an authorized standard of fill, e.g., 750 milliliters, the net contents
statement may appear on any label affixed to the container. If the net
contents is a standard of fill other than an authorized standard of
fill, e.g., 720 milliliters, the net contents statement must appear on
a label affixed to the front of the container. Since the regulations
show ``ml'' as an abbreviation for milliliter (section 4.37(a)(2)),
that abbreviation may be used in lieu of milliliter, where required.
Finally, section 4.37 provides that the net contents need not be
stated on the label if it is legibly blown, etched, sandblasted, marked
by underglaze coloring, or otherwise permanently marked by any method
approved by the Director on the side, front, or back of the container
in an unobscured location.
Notice No. 861
On May 15, 1998, we published a notice in the Federal Register
soliciting
[[Page 33449]]
comments from the public and industry on a proposal to amend the
regulations to provide that the net contents statement for wine in
containers of less than 1 liter may be expressed on the label in
centiliters (cl) as an alternative to milliliters (ml) (Notice No. 861,
63 FR 27017). The proposal was based on a petition we received from
Banfi Vintners (Banfi) of Old Brookville, New York. Banfi had asked
that the regulations be amended to provide that the net contents for
wine bottled in a 750 milliliter (750 ml) standard of fill be expressed
in centiliters, as ``75 cl,'' as an alternative to ``750 ml.'' The
petitioner stated that 75 centiliters is a universally recognized
measurement equivalent to 750 milliliters in the metric system.
Furthermore, authorizing this alternative net contents statement on
wine labels ``would simplify current regulations and allow for an
easier flow of wines among Europe, the world markets and the United
States.''
The comment period for Notice No. 861, initially scheduled to close
on August 13, 1998, was subsequently extended until October 19, 1998
(Notice No. 867, September 18, 1998; 63 FR 49883).
Analysis of Comments
We received 95 comments in response to Notice No. 861. Comments
were submitted by consumers, industry members (representing domestic
and foreign interests), various organizations and trade associations
(e.g., the National Conference on Weights and Measures, the U.S. Metric
Association, Inc., the Wine Institute, the National Association of
Beverage Importers, and the Scotch Whisky Association), and one Federal
agency (U.S. Department of Commerce--National Institute of Standards
and Technology).
Of the 93 comments that addressed the proposed regulations, 82
objected to allowing the net contents for wine to be expressed in
centiliters as an alternative to milliliters. The commenters contend
that the American consumer is not yet fully oriented to the metric
system and that the proposed regulations, if adopted, would result in
consumer confusion. Furthermore, the current regulations provide
consumers with one standard of common measurement for wine bottled in
containers of less than 1 liter, i.e., milliliters. The commenters
believe that having the net contents expressed in milliliters and
centiliters on bottles of the same size may lead consumers to assume
the containers do not hold the same amount of wine.
Other commenters expressed similar concerns with the proposed
regulations. One commenter, the National Conference on Weights and
Measures (NCWM), is a standards-development organization whose members
include representatives from Federal, State, and local weights and
measures and other government agencies; businesses, trade and
professional organizations; consumer and other interested groups. The
NCWM stated the following:
The proposed changes are in direct conflict with the metric
provisions of the 'Uniform Packaging and Labeling Regulation'
adopted by the NCWM in 1993, the metric regulations adopted by the
Federal Trade Commission (1994), and metric labeling regulations
proposed by the Food and Drug Administration for foods, drugs and
cosmetics (1993). * * * The labeling requirements for packaged goods
adopted by the NCWM, other Federal Agencies, and OIML limit quantity
declarations on consumer products to either milliliters or liters to
reduce the possibility of consumer confusion. The Committee urges
ATF to withdraw its proposal to permit centiliters because its
adoption would result in a proliferation of net quantity
declarations that may mislead consumers * * *
The NCWM explained that the OIML (Organization for Legal Metrology) is
a worldwide, intergovernmental organization whose primary aim is to
harmonize the regulations and metrological controls applied by its
Member States, including the United States, Canada, and the European
Union.
Other commenters shared the views of the NCWM, including the
National Institute of Standards and Technology, a Federal agency within
the Department of Commerce, and the U.S. Metric Association, Inc. The
U.S. Metric Association was established in 1916 for the purpose of
assisting the U.S. in adopting the metric system and providing guidance
for metric system usage to industry, business, education, and
consumers.
Eleven commenters supported the proposed regulations. One
commenter, a national trade association representing importers of
alcohol beverages, stated that ``differences between labeling rules of
U.S. and Europe can cause unnecessary expense to an importer without
providing the consumer any added protection or information.'' This
commenter also argued that the proposed regulations would provide
producers with flexibility in labeling their products. In addition, the
commenter believed that the proposed regulations should apply to
distilled spirits. Other commenters in favor of the proposal expressed
similar concerns.
Decision
After careful consideration of the comments received, we have
determined that an amendment of the regulations is not justified or
warranted. In Notice No. 861 we stated that the metric standards of
fill were first prescribed on December 31, 1974, pursuant to T.D. ATF-
12, and became mandatory on January 1, 1979. In order to standardize
the manner by which metric net contents were to be stated on the label
and to avoid confusion among consumers, the final rule required metric
net contents to be expressed in liters and decimal portions thereof for
quantities larger than one liter and in milliliters for quantities less
than one liter. Thus, as one commenter pointed out in the comments
received in response to Notice No. 861, for more than 20 years the
regulations have provided consumers ``with the advantage of one simple
standard of common measurement (milliliters) for wines in quantities
less than one liter. The proposed regulation would remove that
advantage. Seeing different units of measurement (ml and cl) on wine
bottles of the same size may lead the consumer to assume that there is
some difference in the contents of these bottles, * * *.''
In addition, as discussed in Notice No. 861, our decision to
express the net contents in milliliters for wine in containers of less
than one liter was based, in part, on testimony presented at the
hearing which preceded T.D. ATF-12. In particular, the American
National Metric Council recommended milliliter (ml) as the only
submultiple of liter and emphasized that ``[t]he important thing is to
avoid the confusion of an excessive variety of submultiples, which may
cause errors in communication. These other submultiples, * * * would be
a deciliter--dl, a centiliter--cl.'' This concern is still valid more
than 20 years later. As the NCWM stated in their comment:
When the NCWM developed its metric labeling regulations it was
the consensus of the organization and FTC and FDA that metric
prefixes such as centi, deka, deci, hecto and others were
inappropriate for use on consumer packages.
It is clear from the comments received in response to Notice No.
861 that American consumers are not yet completely familiar with all
units in the metric system. Based on the information contained in the
comments, we believe that the proposed regulations, if adopted, would
not be of any value to consumers and would result in confusion.
Furthermore, we did not receive any comments from consumers in support
of the regulations. We did, however, receive comments from
[[Page 33450]]
consumers expressing their objections to the proposed regulations.
Accordingly, for the reasons stated above, we are withdrawing
Notice No. 861.
Drafting Information
The author of this document is James P. Ficaretta, Regulations
Division, Bureau of Alcohol, Tobacco and Firearms.
Authority and Issuance
This document is issued under the authority in 27 U.S.C. 205.
Signed: April 29, 1999.
John W. Magaw,
Director.
Approved: June 4, 1999.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary (Regulatory, Tariff and Trade
Enforcement).
[FR Doc. 99-15944 Filed 6-22-99; 8:45 am]
BILLING CODE 4810-31-P
