Collapse to view only § 24.246 - Materials authorized for the treatment of wine and juice.
Bottling, Packing, and Labeling of Wine
- § 24.240 - General.
- § 24.241 - Decolorizing juice or wine.
- § 24.242 - Authority to use greater quantities of decolorizing material in juice or wine.
- § 24.243 - Filtering aids.
- § 24.244 - Use of acid to stabilize standard wine.
- § 24.245 - Use of carbon dioxide in still wine and still hard cider.
- § 24.246 - Materials authorized for the treatment of wine and juice.
- § 24.247 - Materials authorized for the treatment of distilling material.
- § 24.248 - Processes authorized for the treatment of wine, juice, and distilling material.
- § 24.249 - Experimentation with new treating material or process.
- § 24.250 - Application for use of new treating material or process.
- § 24.251 - Tolerance for artificially carbonated hard cider and sparkling hard cider.
- § 24.252 - Salvaging accidentally diluted wine.
Bottling, Packing, and Labeling of Wine
§ 24.255 - Bottling or packing wine.
(a) General. Proprietors of a bonded wine premises and a taxpaid wine bottling house premises shall be held strictly responsible for the correct determination of the quantity and alcohol content of wine removed as well as for the correct determination of carbon dioxide in artificially carbonated hard cider and in sparkling hard cider. As required by § 24.170, appropriate and accurate measures and instruments for measuring and testing the wine will be provided at each wine premises.
(b) Bottle or other container fill. Proprietors of bonded wine premises and taxpaid wine bottling house premises shall fill bottles or other containers as nearly as possible to conform to the amount shown on the label or blown in the bottle or marked on any container other than a bottle; but in no event may the amount of wine contained in any individual bottle, due to lack of uniformity of the bottles, vary from the amount stated more than 1.0 percent for 15.0 liters and above, 1.5 percent for 1.0 liter to 14.9 liters, 2.0 percent for 750 mL, 3.0 percent for 375 mL, 4.5 percent for 187 mL and 100 mL, and 9.0 percent for 50 mL; and in such case, there will be substantially as many bottles overfilled as there are bottles underfilled for each lot of wine bottled. Short-filled bottles or other containers of wine which are sold or otherwise disposed of by the proprietor to employees for personal consumption need not be labeled, but, if labeled, need not show an accurate statement of net contents.
(c) Tax tolerance. The net contents of bottles or other containers of untaxpaid wine in the same tax class filled during six consecutive tax return periods, as determined from the bonded wine premises proprietor's fill test records, shall not vary by more than 0.5 percent from the net contents as stated on the bottles or other containers. The bonded wine premises proprietor is liable for the tax on the entire amount of wine in the same tax class when that wine is removed from bond, without benefit of tolerance, when the fill of bottles or other containers exceeds a 0.5 percent average of a period which consists of six consecutive tax returns, or when filling is not conducted in compliance with good commercial practice.
(d) Fill tests. The proprietor shall test at representative intervals wine bottled or packed during the bottling or packing operation of each bottling or packing line to determine if the wine contained in the bottle or other container is in agreement with that stated on the label, bottle, or other container.
(e) Alcohol tests. The proprietor shall test the alcohol content by volume to determine the tax class of the wine and to ensure the alcohol content to be stated on the label is in agreement with the requirement of § 24.257.
§ 24.256 - Bottle aging wine.
Wine bottled or packed and stored for the purpose of aging need not have labels affixed until the wine is removed for consumption or sale. However, the bins, pallets, stacks, cases or containers of unlabeled wine will be marked in some manner to show the kind (class and type) and alcohol content of the wine. If the unlabeled wine is stored at a location other than the bottling or packing winery, the registry number of the bottling or packing winery will also be shown.
§ 24.257 - Labeling wine containers.
(a) The proprietor must label each bottle or other container of beverage wine prior to removal for consumption or sale. The minimum type size for information required by this section is: 2 millimeters for containers of more than 187 milliliters and 1 millimeter for containers of 187 milliliters or less. The maximum type size for alcohol content statements is 3 millimeters unless the container is larger than 5 liters. The label must be securely affixed and show:
(1) The name and address of the wine premises where bottled or packed;
(2) The brand name, if different from above;
(3) The alcohol content as percent by volume or the alcohol content stated in accordance with 27 CFR part 4. For wine with less than 7 percent alcohol by volume stated on the label there is allowed an alcohol content tolerance of plus or minus .75 percent by volume; and
(4) An appropriate designation of the kind of wine, as follows:
(i) Wines that require label approval—(A) General. If the wine contains 7 percent or more alcohol by volume and must have label approval under 27 CFR part 4, the designation is the class, type, or other designation required by that part.
(B) Labeling rules for wines eligible for the “hard cider” tax class—(1) Transitional rule for “hard cider” removed on or after January 1, 2017 and prior to January 1, 2019. On an optional basis, wines that are taxed at the “hard cider” tax rate may include the statement “Tax class 5041(b)(6)” on the label to adequately indicate the appropriate tax class.
(2) Additional labeling rules effective for “hard cider” removed from wine premises on or after January 1, 2019. For wines removed from wine premises on or after January 1, 2019 that are taxed at the “hard cider” tax rate, the label must also include the statement “Tax class 5041(b)(6).” This statement may appear anywhere on the label.
(ii) Wines that do not require label approval—(A) Adequate designation. If the wine is not subject to label approval under 27 CFR part 4 because it either is covered by a certificate of exemption from label approval or contains less than 7 percent alcohol by volume, its label must bear a designation that includes enough information (when viewed with the alcohol content statement) to identify the tax class under 26 U.S.C. 5041. The wine must be identified by the term “wine” (or a word that signifies a type of wine, such as “cider,” “perry,” or “mead,” as applicable). If the wine contains more than 0.392 gram of carbon dioxide per 100 milliliters, the word “sparkling” or “carbonated,” as applicable, must be included in the designation.
(1) Additional labeling rules effective for wines eligible for the “hard cider” tax class. For wines removed from wine premises on or after January 1, 2017, that are taxed at the “hard cider” tax rate, the designation must be consistent with a hard cider tax class. For example, the designations “hard cider,” “hard perry,” “apple wine,” “pear wine,” “apple cider,” “apple perry,” “apple pear wine,” “cider” and “perry” are consistent with the hard cider tax class. The designation “blueberry cider” is not consistent with the hard cider tax class, because it indicates that the product contains either blueberries or blueberry flavors, which are not authorized for use in wine that is eligible for the hard cider tax class. If the hard cider contains more than 0.392 gram of carbon dioxide per 100 milliliters, the word “sparkling” or “carbonated,” as applicable, must be on the label.
(2) Transitional rule for wines removed on or after January 1, 2017 and prior to January 1, 2019. For wines removed on or after January 1, 2017 and prior to January 1, 2019, a label will not be deemed out of compliance with § 24.257(a)(4)(ii)(A) on the sole ground that the label does not provide enough information to identify whether the wine is eligible for a “hard cider” tax classification. On an optional basis, wines eligible for the “hard cider” tax class may include the statement “Tax class 5041(b)(6)” on the label to adequately indicate the appropriate tax class.
(3) Additional labeling rules effective for “hard cider” removed from wine premises on or after January 1, 2019. For wines removed from wine premises on or after January 1, 2019, that are taxed at the “hard cider” tax rate, the label must also include the statement “Tax class 5041(b)(6).” This statement may appear anywhere on the label.
(B) Cross reference. For additional labeling rules applicable to wines containing less than 7 percent alcohol by volume, see the food labeling regulations issued by the U.S. Food and Drug Administration.
(5) The net content of the container unless the net content is permanently marked on the container as provided in 27 CFR part 4.
(6) Cross reference. For regulations requiring a health warning statement on the container of any alcoholic beverage containing not less than one-half of one percent alcohol by volume, see part 16 of this chapter.
(b) The information shown on any label applied to bottled or packed wine is subject to the recordkeeping requirements of § 24.314. (Sec. 201, Pub. L. 85-859, 72 Stat. 1381, as amended, 1407, as amended (26 U.S.C. 5368, 5388, 5662))
(c) Use of semi-generic designations—(1) In general. Semi-generic designations may be used to designate wines of an origin other than that indicated by such name only if—
(i) There appears in direct conjunction therewith an appropriate appellation of origin, as defined in part 4 of this chapter, disclosing the true place of origin of the wine, and
(ii) The wine so designated conforms to the standard of identity, if any, for such wine contained in part 4 of this chapter or, if there is no such standard, to the trade understanding of such class or type.
(2) Determination of whether a name is semi-generic—(i) In general. Except as provided in paragraph (c)(2)(ii) of this section, a name of geographic significance, which is also the designation of a class or type of wine, shall be deemed to have become semi-generic only if so found by the Administrator.
(ii) Certain names treated as semi-generic. The following names shall be treated as semi-generic: Angelica, Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine Wine or Hock, Sauterne, Haut Sauterne, Sherry, Tokay.
§ 24.258 - Certificates of approval or exemption.
The proprietor shall obtain a certificate of label approval or a certificate of exemption from label approval as required by 27 CFR part 4.
§ 24.259 - Marks.
(a) Required marks. Each container larger than four liters or each case used to remove wine for consumption or sale will be durably marked to show the following information:
(1) The serial number or filling date as provided in § 24.260;
(2) The name (or trade name) and the registry number of the bottlers wine premises;
(3) The kind (class and type) and the alcohol content of the wine. The kind of wine and alcohol content will be stated in accordance with § 24.257. The formula number will be marked on bulk containers of special natural wine or other wine produced under § 24.218;
(4) The net contents of each container larger than four liters or each case in wine gallons, or for containers larger than four liters or cases filled according to metric measure, the contents in liters. If wine is removed in cases, the cases may be marked to show the number and size of bottles or other containers in each case in lieu of the net contents of the case; and
(5) Except for cases, the date of removal or shipment.
(b) Application of marks. Required marks may be cut, printed, or otherwise legibly and durably marked upon the container larger than four liters or the case or placed on a label or tag securely affixed to the case or container larger than four liters.
(c) Location of marks. Required marks will be placed on a container larger than four liters or on the side of a case for ready examination by appropriate TTB officers.
§ 24.260 - Serial numbers or filling date.
Each container larger than four liters or each case used for removing wine for consumption or sale will be marked with a serial number or filling date at the time of filling or when such containers or cases are prepared for removal. Serial numbers will commence with “1” and continue until the numeral “1,000,000” is reached, whereupon the series may recommence with the numeral “1.” However, the proprietor may initiate a new series after the numeral “1,000,000” has been reached provided no numeral will be used more than once during a 12-month period. If desired, a separate series of numbers with letter prefixes may be used for containers larger than four liters and for cases, or for cases filled on different bottling lines, or for removals from different loading docks. The proprietor may mark containers larger than four liters or the cases with the filling date in lieu of using a serial number or use both a serial number and the filling date. However, if the proprietor desires to change from the use of a serial number to use of a filling date, or vice versa, a notice will be sent to the appropriate TTB officer before making the change. Where United States or foreign wine is recased, the cases will be marked with the date of recasing, preceded by the letter “R”, in lieu of serial number or filling date.
§ 24.240 - General.
Wine will be stored on bonded wine premises in buildings or tanks constructed and secured in accordance with the provisions of §§ 24.166 and 24.167. Wine will be stored in tanks, casks, barrels, cased or uncased bottles, or in any other suitable container, which will not contaminate the wine. Specifically authorized materials and processes for the treatment and finishing of wine are listed in §§ 24.246 and 24.248 of this subpart.
§ 24.241 - Decolorizing juice or wine.
(a) Conditions and limitations. If the proprietor wishes to use activated carbon or other decolorizing material to remove color from juice or wine, the following conditions and limitations will be met:
(1) The wine will retain a vinous character after being treated with activated carbon or other decolorizing material;
(2) The quantity of activated carbon used to treat the wine, including the juice from which the wine was produced, may not exceed twenty-five pounds per 1,000 gallons (3.0 grams per liter) (see paragraph (b) of this section); and
(3) The wine treated with decolorizing material will have a color of not less than 0.6 Lovibond in a one-half inch cell or not more than 95 percent transmittance per AOAC Method 11.003-11.004 (see paragraph (c) of this section). However, the proprietor may produce a wine having a color of less than 0.6 Lovibond or more than 95 percent transmittance per AOAC Method 11.003-11.004 by using normal methods and without the use of decolorizing material.
(b) Transfer in bond. When a consignor proprietor transfers wine treated with activated carbon or other decolorizing material to a consignee proprietor, the consignor proprietor shall record on the shipping record:
(1) The amount of wine which has been treated under the provisions of this section; and
(2) The quantity of decolorizing material used in treating the wine, including the juice from which the wine was produced, before its transfer. The consignee proprietor may further treat the wine with decolorizing material as long as the consignee proprietor has a copy of the shipping record and complies with the requirements of this section.
(c) Incorporation by reference. The “Official Methods of Analysis of the Association of Official Analytical Chemists” (AOAC Method 11.003-11.004; 13th Edition 1980) is incorporated by reference in this part. This incorporation by reference was approved by the Director of the Federal Register, and is available for inspection or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. The publication is available from the Association of Official Analytical Chemists, 11 North 19th Street, Suite 210, Arlington, Virginia 22209.
§ 24.242 - Authority to use greater quantities of decolorizing material in juice or wine.
(a) Proprietor's notice. If the proprietor desires to remove color from juice prior to fermentation or if color in excess of that normally present in wine develops during the production or storage of a particular lot or lots, and if the proprietor desires to use activated carbon in excess of twenty-five pounds per 1,000 gallons (3.0 grams per liter) of juice or wine to remove this color, the proprietor, prior to starting the treatment, shall submit to the appropriate TTB officer a written notice for each lot of juice or wine to be treated for decolorization. The written notice will state
(1) The reason for the treatment;
(2) The volume, kind, and type of juice or wine to be treated;
(3) The kind and quantity of decolorizing material to be used; and,
(4) The length of time the decolorizing material is in contact with the juice or wine.
(b) Action by the appropriate TTB officer on proprietor's notice. Upon receipt of the proprietor's notice, the appropriate TTB officer may require the proprietor to submit samples representative of the lot of juice or wine for examination by the TTB laboratory.
(c) Samples and chemical analysis—(1) Samples. If the appropriate TTB officer requires samples under paragraph (b) of this section, the proprietor shall prepare samples representative of the lot of juice or wine for examination. The samples will consist of:
(i) The juice or wine before treatment with decolorizing material,
(ii) The juice or wine after treatment with decolorizing material, and
(iii) The decolorizing material used.
(2) Chemical analysis. If the TTB chemical analyses of the samples shows that the proposed treatment would remove only color and will not remove the vinous characteristics of the wine, the appropriate TTB officer will return an approved copy of the proprietor's written notice. If the TTB chemical analysis shows that the proposed treatment is not acceptable, the appropriate TTB officer will send the proprietor a letter stating the reason(s) for disallowing the proposed treatment.
§ 24.243 - Filtering aids.
Inert fibers, pulps, earths, or similar materials, may be used as filtering aids in the cellar treatment and finishing of wine. Agar-agar, carrageenan, cellulose, and diatomaceous earth are commonly employed inert filtering and clarifying aids. In general, there is no limitation on the use of inert materials and no records need be maintained concerning their use. However, if the inert material is dissolved in water prior to addition to wine, then the records required by § 24.301 will be maintained. Filtering aids which contain active chemical ingredients or which may alter the character of wine, may be used only in accordance with the provisions of § 24.246.
§ 24.244 - Use of acid to stabilize standard wine.
Standard wine other than citrus wine, regardless of the fixed acid level, may be stabilized as a part of the finishing process by the addition of citric acid within the limitations of § 24.246. Standard wine (including citrus wine) may be stabilized by the addition of fumaric acid within the limitations of § 24.246.
§ 24.245 - Use of carbon dioxide in still wine and still hard cider.
(a) Use of carbon dioxide. The addition of carbon dioxide to (and retention of carbon dioxide in) still wine and still hard cider is permitted if at the time of removal for consumption or sale, the still wine or still hard cider does not contain more than 0.392 gram of carbon dioxide per 100 milliliters of wine.
(b) Tolerance limit. A tolerance of not more than 0.009 gram per 100 milliliters to the maximum limitation of carbon dioxide in still wine and still hard cider will be allowed where the amount of carbon dioxide in excess of 0.392 gram per 100 milliliters is due to mechanical variations that cannot be completely controlled under good commercial practice. A tolerance will not be allowed where it is found by the appropriate TTB officer that the proprietor continuously or intentionally exceeds 0.392 gram of carbon dioxide per 100 milliliters of wine or where the variation results from the use of methods or equipment determined by the appropriate TTB officer to be not in accordance with good commercial practice.
(c) Penalties. Penalties are provided in 26 U.S.C. 5662 for any person who, whether by manner of packaging or advertising or by any other form of representation, misrepresents any still wine or still hard cider to be effervescent wine or a substitute for effervescent wine.
(d) Records. Records for the use of carbon dioxide in still wine must be maintained in accordance with § 24.319 of this section.
§ 24.246 - Materials authorized for the treatment of wine and juice.
(a) Wine and juice. Materials used in the process of filtering, clarifying, or purifying wine may remove cloudiness, precipitation, and undesirable odors and flavors, but the addition of any substance foreign to wine that changes the character of the wine, or the abstraction of ingredients so as to change the character of the wine, if not consistent with good commercial practice, is not permitted on bonded wine premises. The materials listed in this section are approved as being consistent with good commercial practice in the production, cellar treatment, or finishing of wine and, where applicable, in the treatment of juice, within the “Specific TTB limitation” of this section and subject to the following conditions:
(1) If the U.S. Food and Drug Administration (FDA) informs TTB that a specified use or limitation of any material listed in this section is inconsistent with the food additive requirements under the Federal Food, Drug, and Cosmetic Act, the appropriate TTB officer may cancel or amend the approval for use of the material in the treatment of wine and juice in the production, cellar treatment, or finishing of wine; and
(2) Where water is added to facilitate the solution or dispersal of a material, the volume of water added, whether the material is used singly or in combination with other water-based treating materials, may not total more than 1 percent of the volume of the treated wine or juice, or of both the wine and the juice, from which the wine is produced.
(b) Use in combination or in multiple lots. Subject to the conditions specified in paragraph (a) of this section, a proprietor may use the materials listed in this section in combination, provided that each material is used for its specified use and in accordance with any limitation specified for that use. If a proprietor uses several lots that contain the same material, it is the proprietor's responsibility to ensure that the cumulative amount of the material does not exceed the limitation specified in this section for that material.
(c) Formula wine. In addition to the materials listed in this section, other materials may be used in formula wine if approved for such use.
Table 1 to Paragraph (
| Materials and use | Specific TTB limitation
(if applicable) | FDA reference | Acacia (gum arabic): To clarify and stabilize 1 wine | The amount used must not exceed 16 pounds per 1,000 gallons (1.9 g/L) of wine | 21 CFR 184.1330. | Acetaldehyde: For color stabilization of juice prior to concentration | The amount used must not exceed 300 ppm (300 mg/L), and the finished concentrate must have no detectable level of the material. 2 | FDA advisory opinion dated September 8, 2016. | Activated carbon: | To assist precipitation during fermentation | 27 CFR 24.176 | FDA advisory opinion dated September 8, 2016, which states that the activated carbon must meet the specifications in the Food Chemicals Codex and be removed from the wine. | To clarify and purify wine | The amount used to clarify and purify wine must be included in the total amount of activated carbon used to remove excessive color from wine and/or juice. 27 CFR 24.241 and 24.242 | FDA advisory opinion dated January 26, 1979, which states that the activated carbon must meet the specifications in the Food Chemicals Codex and be removed from the wine. | To remove color from wine and/or juice from which wine is produced | The amount used to treat the wine, including the juice from which the wine was produced, must not exceed 25 pounds per 1000 gallons (3 g/L). If the amount necessary exceeds this limit, a notice is required pursuant to 27 CFR 24.242 | FDA advisory opinion dated January 26, 1979, which states that the activated carbon must meet the specifications in the Food Chemicals Codex and be removed from the wine. | Albumen (egg white): Fining agent for wine | May be prepared in a light brine 1 ounce (28.35 grams) potassium chloride, 2 pounds (907.2 grams) egg white, 1 gallon (3.785 L) of water. Usage of brine not to exceed 1.5 gallons per 1,000 gallons (1.5 milliliters per liter) of wine | FDA advisory opinion dated September 8, 2016. | Alumino-silicates (hydrated) e.g., Bentonite (Wyoming clay) and Kaolin: To clarify and stabilize 1 wine or juice | None | 21 CFR 184.1155
FDA advisory opinion dated July 26, 1985. | Ascorbic acid | May be added to grapes, other fruit (including berries), and other primary wine making materials, or to the juice of such materials, or to the wine, within limitations which do not alter the class or type of the wine | 21 CFR 182.3013 and 182.3041. | Bakers yeast mannoprotein: To stabilize 1 wine from the precipitation of potassium bitartrate crystals | The amount used must not exceed 3.3 pounds per 1000 gallons (400 mg/L) of wine | GRAS (generally recognized as safe) Notice No. GRN 000284. | Calcium carbonate (CaCO | To reduce the excess natural acids in high acid wine, or in juice prior to or during fermentation | The natural or fixed acids must not be reduced below 40 pounds per 1000 gallons (4.79 g/L) | 21 CFR 184.1069, 184.1099, and 184.1191. | As a fining agent for cold stabilization | The amount used must not exceed 30 pounds per 1000 gallons (3.59 g/L) of wine. | Calcium sulfate (gypsum): To lower pH in sherry wine | The sulfate content of the finished wine must not exceed 1.67 pounds per 1000 gallons (0.2 g/L), expressed as potassium sulfate. 27 CFR 24.214 | 21 CFR 184.1230. | Carbon dioxide (including food grade dry ice): To stabilize 1 and preserve wine | See 27 CFR 24.245 | 21 CFR 184.1240. | Casein, potassium salt of casein: To clarify wine | See 27 CFR 24.243 | FDA advisory opinion dated September 8, 2016. | Chitosan from | The amount used must not exceed 0.04 pounds per 1 gallon (500 g/100 L) of wine | GRAS Notice No. GRN 000397. | Citric acid: | To correct natural acid deficiencies in certain juice or wine | See 27 CFR 24.182 and 24.192 | 21 CFR 184.1033. | To stabilize 1 wine other than citrus wine | The amount of citric acid must not exceed 5.8 pounds per 1000 gallons (0.7 g/L). 27 CFR 24.244 | 21 CFR 184.1033. | Copper sulfate: To remove hydrogen sulfide and/or mercaptans from wine | The quantity of copper sulfate (calculated as copper) added to wine must not exceed 6 ppm (6mg/L). 2 The residual level of copper in the finished wine must not exceed 0.5 ppm (0.5 mg/L). 2 | 21 CFR 184.1261. | Defoaming agents (polyoxyethylene 40 monostearate, silicon dioxide, dimethylpoly-siloxane, sorbitan monostearate, glyceryl mono-oleate and glyceryl dioleate): To control foaming, fermentation adjunct | Defoaming agents which are 100 percent active may be used in amounts not exceeding 0.15 pounds per 1000 gallons (18 mg/L) of wine. Defoaming agents which are 30 percent active may be used in amounts not exceeding 0.5 pounds per 1000 gallons (60 mg/L) of wine. Silicon dioxide must be completely removed by filtration. The amount of silicon remaining in the wine must not exceed 10 ppm (10 mg/L). 2 | 21 CFR 173.340 and 184.1505. | Dimethyl dicarbonate (DMDC): To sterilize and stabilize 1 wine | DMDC may be added to wine in a cumulative amount not to exceed 200 ppm (200 mg/L). 2 | 21 CFR 172.133. | Enzymatic activity: Various enzymes and uses, as shown in the following entries: | The enzyme preparation used must be prepared from nontoxic and nonpathogenic microorganisms. | Carbohydrase ( | The amylase enzyme activity must be derived from: | from from | FDA advisory opinion of August 18, 1983.
21 CFR 173.130. 21 CFR 184.1027. | Carbohydrase ( | The amylase enzyme must be derived from barley malt | FDA advisory opinion dated August 18, 1983. | Carbohydrase (Glucoamylase, Amylogluco-sidase): To convert starches to fermentable carbohydrates | The amylase enzyme activity must be derived from from or from | FDA advisory opinion dated August 18, 1983.
21 CFR 173.130. 21 CFR 173.110. | Carbohydrase (pectinase, cellulase, hemicellulase): To facilitate separation of juice from the fruit | The enzyme activity must be derived from | FDA advisory opinion dated December 19, 1996. | Catalase: To clarify and stabilize 1 wine | The enzyme activity must be derived from | FDA advisory opinion dated August 18, 1983.
21 CFR 184.1034. | Cellulase: To clarify and stabilize 1 wine and facilitate separation of the juice from the fruit | The enzyme activity must be derived from | FDA advisory opinion dated August 18, 1983. | Cellulase (beta-glucanase): To clarify and filter wine and juice | The enzyme activity must be derived from | For beta-glucanase derived from | For beta-glucanase derived from | Glucose oxidase: To clarify and stabilize 1 wine | The enzyme activity must be derived from | FDA advisory opinion of August 18, 1983. | Lysozyme: To stabilize 1 wines from malolactic acid bacterial degradation | The amount used must not exceed 500 ppm (500 mg/L). 2 | FDA advisory opinion dated December 15, 1993. | Pectinase: To clarify and stabilize 1 wine and to facilitate separation of juice from the fruit | The enzyme activity used must be derived from | FDA advisory opinion dated August 18, 1983. | Protease (general): To reduce or to remove heat labile proteins | The enzyme activity must be derived from:
from | FDA advisory opinion dated August 18, 1983.
21 CFR 184.1027. | Protease (Bromelin): To reduce or remove heat labile proteins. | The enzyme activity must be derived from pineapple ( | FDA advisory opinion dated August 18, 1983. | Protease (Ficin): To reduce or remove heat labile proteins | The enzyme activity must be derived from fig ( | 21 CFR 184.1316. | Protease (Papain): To reduce or remove heat labile proteins | The enzyme activity must be derived from papaya ( | 21 CFR 184.1585. | Protease (Pepsin): To reduce or remove heat labile proteins | The enzyme activity must be derived from porcine or bovine stomachs | 21 CFR 184.1595, FDA advisory opinion dated August 18, 1983. | Protease (Trypsin): To reduce or remove heat labile proteins | The enzyme activity must be derived from porcine or bovine pancreas | FDA advisory opinion dated August 18, 1983. | Urease: To reduce levels of naturally occurring urea in wine to help prevent the formation of ethyl carbamate | The enzyme activity must be derived from | 21 CFR 184.1924. | Ethyl maltol: To stabilize 1 wine | Use authorized at a maximum level of 100 ppm (100 mg/L) in all standard wines except natural wine produced from | FDA advisory opinion dated December 1, 1986. | Fermentation aids: To facilitate fermentation of juice and wine. | Ammonium phosphate/diammonium phosphate ( | The amount used must not exceed 8 pounds per 1000 gallons (0.96 g/L) | FDA advisory opinion dated August 29, 2016. | Biotin (vitamin B7) | The amount used must not exceed 25 ppb (25 ng/mL). 3 | FDA advisory opinion dated August 29, 2016. | Calcium pantothenate (vitamin B5) | The amount used must not exceed 1.5 ppm (1.5 mg/L). 2 | FDA advisory opinion dated August 29, 2016. | Folic acid (folate) | The amount used must not exceed 100 ppb (100 ng/mL). 3 | FDA advisory opinion dated August 29, 2016. | Inositol (myo-inositol) | The amount used must not exceed 2 ppm (2 mg/L). 2 | FDA advisory opinion dated August 29, 2016. | Magnesium sulfate | The amount used must not exceed 15 ppm (15 mg/L). 2 | FDA advisory opinion dated August 29, 2016. | Niacin (vitamin B3) | The amount used must not exceed 1 ppm (1 mg/L). 2 | FDA advisory opinion dated August 29, 2016. | Pyridoxine hydrochloride (vitamin B6) | The amount used must not exceed 150 ppb (150 ng/mL). 3 | FDA advisory opinion dated August 29, 2016. | Soy flour (defatted) | The amount used must not exceed 2 pounds per 1000 gallons (0.24 g/L) of wine | FDA advisory opinion dated August 29, 2016. | Thiamine hydrochloride | The amount used must not exceed 0.005 pounds per 1000 gallons (0.6 mg/L) of wine or juice | FDA advisory opinion dated August 29, 2016. | Yeast, autolyzed | None | FDA advisory opinion dated August 29, 2016. | Yeast, cell wall/membranes of autolyzed yeast | The amount used must not exceed 3 pounds per 1000 gallons (0.36 g/L) of wine or juice | FDA advisory opinion dated August 29, 2016. | Ferrous sulfate: To clarify and stabilize 1 wine | The amount used must not exceed 3 ounces per 1000 gallons (0.022 g/L) of wine | 21 CFR 184.1315. | Fractionated potato protein isolates: Fining agent for wine | Use must not exceed 500 ppm 2 (50 g/hL) of wine | GRAS Notice No. GRN 000447. | Fumaric acid: | To correct natural acid deficiencies in grape wine | The fumaric acid content of the finished wine must not exceed 25 pounds per 1000 gallons (3 g/L). 27 CFR 24.182 and 24.192 | 21 CFR 172.350. | To stabilize 1 wine | The fumaric acid content of the finished wine must not exceed 25 pounds per 1000 gallons (3 g/L). 27 CFR 24.244 | 21 CFR 172.350. | Gelatin (food grade): To clarify juice or wine | None | FDA advisory opinion dated September 8, 2016. | Granular cork: To smooth wine | The amount used must not exceed 10 pounds per 1000 gallons of wine (1.2 g/L) | FDA advisory opinion dated February 25, 1985. | Isinglass: To clarify wine | None | FDA advisory opinion dated February 25, 1985. | Lactic acid: To correct natural acid deficiencies in grape wine | 27 CFR 24.182 and 24.192 | 21 CFR 184.1061. | Malic acid: To correct natural acid deficiencies in juice or wine | 27 CFR 24.182 and 24.192 | 21 CFR 184.1069. | Malolactic bacteria: To stabilize 1 grape wine | Malolactic bacteria of the type | FDA advisory opinion dated February 25, 1985. | Maltol: To stabilize 1 wine | Use authorized at a maximum level of 2 pounds per 1000 gallons (240 mg/L) in all standard wine except natural wine produced from | FDA advisory opinion dated December 1, 1986. | Milk products (pasteurized whole, skim, or half-and-half): | Fining agent for grape wine | The amount used must not exceed 2 parts of milk products per 1,000 parts (0.2 percent V/V) of wine | To remove off flavors in wine | The amount used must not exceed 10 parts of milk products per 1,000 parts (1 percent V/V) of wine | Nitrogen gas: To maintain pressure during filtering and bottling or canning of wine and to prevent oxidation of wine | None | 21 CFR 184.1540. | Oxygen and compressed air: Various uses in juice and wine | None | Polyvinylpolypyrrolidone (PVPP): To clarify and stabilize 1 wine and to remove color from red wine or juice | The amount used to treat the wine, including the juice from which the wine was produced, must not exceed 60 pounds per 1000 gallons (7.19 g/L) and must be removed during filtration. PVPP may be used in a continuous or batch process | 21 CFR 173.50. | Polyvinylpyrrolidone (PVP)/polyvinylimidazole (PVI) polymer (terpolymer of 1-vinylimidazole, 1-vinylpyrrolidone, and 1,2-divinylimidazolidinone; CAS 87865-40-5 (Chemical Abstracts Service Registration Number)): To remove heavy metal ions and sulfides from wine | The amount used to treat the wine must not exceed 6.7 pounds per 1000 gallons (80 g/hL) of wine | FDA FCN No. 000320. 4 | Potassium bitartrate: To stabilize 1 grape wine | The amount used must not exceed 35 pounds per 1000 gallons (4.19 g/L) of grape wine | FDA advisory opinion dated September 8, 2016. | Potassium carbonate and/or potassium bicarbonate: To reduce excess natural acidity in wine and in juice prior to or during fermentation | The natural or fixed acids must not be reduced below 0.668 ounces per gallon (5 g/L) | 21 CFR 184.1619 and 184.1613. | Potassium citrate: pH control agent and sequestrant in the treatment of citrus wines | The amount of potassium citrate must not exceed 25 pounds per 1000 gallons (3 g/L) of finished wine. 27 CFR 24.182 | 21 CFR 184.1625. | Potassium meta-bisulfite: To sterilize and preserve wine | The sulfur dioxide content of the finished wine must not exceed the limitations prescribed in 27 CFR 4.22 | 21 CFR 182.3637. | Silica gel (colloidal silicon dioxide): To clarify wine or juice | Use must not exceed the equivalent of 20 pounds colloidal silicon dioxide at a 30 percent concentration per 1000 gallons (2.4 g/L) of wine. Silicon dioxide must be completely removed by filtration | FDA advisory opinion dated September 8, 2016. | Sodium carboxymethyl cellulose: To stabilize 1 wine by preventing tartrate precipitation | 21 CFR 182.1745. | Sorbic acid and potassium salt of sorbic acid (potassium sorbate): To sterilize and preserve wine; to inhibit mold growth and secondary fermentation | The finished wine must not contain more than 300 ppm (300 mg/L) of sorbic acid. 2 | 21 CFR 182.3089 and 182.3640. | Sulfur dioxide: To sterilize and to preserve wine or juice | The sulfur dioxide content of the finished wine must not exceed the limitations prescribed in 27 CFR 4.22(b)(1) | 21 CFR 182.3862. | Tannin: | To adjust tannin content in apple juice or in apple wine | The residual amount of tannin must not exceed 24 pounds per 1000 gallons (3 g/L), calculated as gallic acid equivalents (GAE). Total tannin must not be increased by more than 150 ppm (150 mg/L; 0.150 g/L) by the addition of tannic acid (polygalloylglucose). 2 | FDA advisory opinion dated September 8, 2016. | To clarify, or adjust tannin content of, juice or wine (other than apple) | The residual amount of tannin, calculated in GAE, must not exceed 6.4 GAE per 1000 gallons of wine (800 mg/L) in white wine and 24 pounds per 1000 gallons (3 g/L) in red wine. Only tannin which does not impart color may be used in the cellar treatment of juice or wine. Total tannin must not be increased by more than 150 ppm (150 mg/L; 0.150 g/L) by the addition of tannic acid (poly-galloylglucose). 2 | FDA advisory opinion dated September 8, 2016. | Tartaric acid (L-(+)-tartaric acid): | To correct natural acid deficiencies in grape juice or wine and to reduce the pH of grape juice or wine where ameliorating material is used in the production of grape wine | Use as prescribed in 27 CFR 24.182 and 24.192 | 21 CFR 184.1099 and GRAS Notice No. GRN 000187. |
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1 To stabilize—To prevent or to retard unwanted alteration of chemical and/or physical properties.
2 Parts per million—1 ppm = 0.128 ounces per 1000 gallons = 1 mg/L = 1000 ppb.
3 Parts per billion—1ppb = 0.000128 ounces per 1000 gallons = 1 mg/1000L.
4 An effective food contact notification (FCN) applies only to the food contact substance that is the subject of the FCN and is applicable only to the manufacturer/supplier listed within the notification.
§ 24.247 - Materials authorized for the treatment of distilling material.
The materials listed in this section as well as the materials listed in § 24.246 are approved as being acceptable in good commercial practice for use by proprietors in the treatment of distilling material within the limitations specified in this section. If, however, the U.S. Food and Drug Administration (FDA) informs TTB that a specified use or limitation of any material listed in this section is inconsistent with the food additive requirements under the Federal Food, Drug, and Cosmetic Act, the appropriate TTB officer may cancel or amend the approval for use of the material in the treatment of distilling material.
| Materials | Use | Reference or limitation | Ammonium phosphate/diammonium phosphate ( | Yeast nutrient in distilling material | The amount used shall not exceed 10 pounds per 1000 gallons (1.2 g/L). 21 CFR 184.1141a and 184.1141b. | Benzoic acid, potassium and sodium salts of benzoic acid | To prevent fermentation of the sugar in wine being accumulated as distilling material | The amount used shall not exceed 0.1% (w/v) as benzoic acid. GRAS per FDA advisory opinions dated 9/22/82 and 9/8/83. 21 CFR 184.1021 and 184.1733 (GRAS). | Enzyme activity | The enzyme preparation used shall be prepared from nontoxic and nonpathogenic microorganisms in accordance with good manufacturing practice and be approved for use in food by either FDA regulation or by FDA advisory opinion. | Carbohydrase ( | To convert starches to fermentable carbohydrates | The amylase enzyme activity shall be derived from | Carbohydrase ( | To convent starches to fermentable carbohydrates | The amylase enzyme activity shall be derived from barley malt per FDA advisory opinion dated 8/18/83. | Carbohydrase (Glucoamylase, Amylogluco-sidase) | To convent starches to fermentable carbohydrates | The amylase enzyme actvity shall be derived from | Copper sulfate | To eliminate hydrogen sulfide and mercaptans | The finished brandy or wine spirits produced from distilling material to which copper sulfate has been added shall not contain more than 2 parts per million (2 mg/L) residual copper. GRAS per FDA advisory opinion of 7/23/69. | Hydrogen peroxide | To reduce the bisulfite aldehyde complex in distilling material | The amount used shall not exceed 200 parts per million. 21 CFR 184.1366 (GRAS). | Potassium permanganate | Oxidizing agent | The finished brandy or wine spirits produced from distilling material to which potassium permanganate has been added must be free of chemical residue resulting from such treatment. (GRAS) | Sodium hydroxide | Acid neutralizing agent | The finished brandy or wine spirits produced from distilling material to which sodium hydroxide has been added must be free of chemical residue resulting from such treatment. 21 CFR 184.1763 (GRAS). | Sulfuric acid | To effect favorable yeast development in distilling material; to prevent fermentation of the sugar in wine being accumulated as distilling material; to lower pH to 2.5 in order to prevent putrefaction and/or ethyl acetate development | 27 CFR 24.216 (GRAS), 21 CFR 184.1095 (GRAS). |
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§ 24.248 - Processes authorized for the treatment of wine, juice, and distilling material.
The processes listed in this section are approved as being consistent with good commercial practice for use by proprietors in the production, cellar treatment, or finishing of wine, juice, and distilling material, within the general limitations of this section. If, however, the U.S. Food and Drug Administration (FDA) informs TTB that a specified use or limitation of any material listed in this section is inconsistent with the food additive requirements under the Federal Food, Drug, and Cosmetic Act, the appropriate TTB officer may cancel or amend the approval for use of the process in the production, cellar treatment, or finishing of wine, juice, and distilling material.
Processes Authorized for the Treatment of Wine, Juice, and Distilling Material
| Processes | Use | Reference or limitation | Cross flow filtration | Various processes and uses. 1 | Nanofiltration 2 | To reduce the level of volatile acidity in wine (used with ion exchange), to reduce the ethyl alcohol content of wine. | Permeable membranes that are selective for molecules not greater than 500 molecular weight with transmembrane pressures of 200 pounds per square inch (psi) and greater. The addition of water other than that originally present prior to processing will render standard wine “other than standard.” Use must not alter the vinous character of the wine. May be used in combination with osmotic transport. | Reverse osmosis 2 | To reduce the ethyl alcohol content of wine and to remove off flavors in wine. | This process must use permeable membranes which are selective for molecules not greater than 150 molecular weight with transmembrane pressures of 250 psi or less. | Ultrafiltration 2 | To remove proteinaceous material from wine; to reduce harsh tannic material from white wine produced from white skinned grapes; to remove pink color from blanc de noir wine; to separate red and white juice and wine into low color and high color fractions for blending purposes, to reduce the ethyl alcohol content of wine. | Permeable membranes that are selective for molecules greater than 500 and less than 25,000 molecular weight with transmembrane pressures less than 200 psi. Shall not alter vinous character. | Electrodialysis | To aid in the removal of tartrates | This process must not alter the vinous character of the wine. | Elimination of sulfur dioxide by physical process | To reduce the sulfur dioxide content of juice | Use of a physical process to remove sulfur dioxide from juice must not alter the basic character of the juice so treated | Ion exchange | Various applications in the treatment of juice or wine: | Anion, cation, and non-ionic resins, except those anionic resins in the mineral acid state, may be used in batch or continuous column processes as total or partial treatment of wine, provided that with regard to juice or finished wine; | 1. Such treatment does not alter the fruit character of the juice or wine. | 2. The treatment does not reduce the color of the juice or wine to less than that normally contained in such juice or wine. | 3. Treatment does not increase inorganic anions in the juice or wine by more than 10 mg/L. | 4. The treatment does not reduce the metallic cation concentration in the juice or wine to less than 300 mg/L. | 5. The treatment does not reduce natural or fixed acid in grape wine below 4 g/L for red table wines, 3 g/L for white table wines, 2.5 g/L for all other grape wines, 4 g/L for wine other than grape wine. | 6. Treatment does not reduce the pH of the juice or wine to less than pH 2.8 nor increase the pH to more than pH 4.5. | 7. The resins used have not imparted to the juice or wine any material or characteristic (incidental to the resin treatment) which may be prohibited under any other section of the regulations in this part. The winemaker may employ conditioning and/or regenerating agents consisting of water, fruit acids common to the wine or juice being treated, and inorganic acids, salts and/or bases provided the conditioned or regenerated resin is rinsed with water until the resin and container are essentially free from unreacted (excess) conditioning or regenerating agents prior to the introduction of the juice or wine. 21 CFR 173.25. | Metal reducing matrix sheet processing | To reduce the level of metals such as copper and iron in wine | (1) The active ingredient, polyvinylimidazol, must not constitute more than 40% by weight of the sheet.
(2) Use of the sheet must not significantly alter the color of the wine. | Osmotic transport 2 | For alcohol reduction. | (1) Use must not alter the vinous character of the wine.
(2) None of the stripping solution may migrate into the wine. (3) May be used in combination with reverse osmosis. | Spinning cone column 2 | To reduce the ethyl alcohol content of wine and to remove off flavors in wine. | Use shall not alter vinous character. For standard wine, the same amount of essence must be added back to any lot of wine as was originally removed. | Sulfide reducing matrix sheet processing | To reduce the level of sulfides in wine | (1) The active ingredient, polyvinylimidazol, must not constitute more than 40% by weight of the sheet.
(2) Use of the sheet must not significantly alter the color of the wine. | Thermal gradient processing | To separate wine into low alcohol and high alcohol wine fractions | The fractions derived from such processing shall retain vinous character. Such treatment shall not increase the alcohol content of the high alcohol fraction to more than 24 percent by volume. The addition of water other than that originally present in the wine prior to processing will render standard wine “other than standard.” | To separate juice into low Brix and high Brix juice fractions | The low Brix fraction derived from such processing may be used in wine production. The high Brix fraction derived from such processing shall not be diluted with water for use in wine production. | Thin film evaporation under reduced pressure 2 | To separate wine into a low alcohol wine fraction and into a higher alcohol distillate. | Use shall not alter vinous character. Water separated with alcohol during processing may be recovered by refluxing in a closed continuous system and returned to the wine. The addition of water other than that originally present in the wine prior to processing, will render standard wine “other than standard” wine. |
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1 In cross-flow filtration, the wine is passed across the filter membrane (tangentially) at positive pressure relative to the permeate side. A proportion of the wine which is smaller than the membrane pore size passes through the membrane as permeate or filtrate; everything else is retained on the feed side of the membrane as retentate.
2 When used to remove ethyl alcohol (dealcoholization), this process must be done on distilled spirits plant premises. However, reverse osmosis and nanofiltration, under certain limited conditions, may be used on bonded winery premises if ethyl alcohol is only temporarily created within a closed system.
§ 24.249 - Experimentation with new treating material or process.
(a) General. The proprietor may, under the provisions of this section, conduct on bonded wine premises such experimentation with a treating material or process as the appropriate TTB officer finds may be conducted in a manner that will not jeopardize the revenue, conflict with wine operations, or be contrary to law.
(b) Application. The proprietor who wants to conduct experimentation must file an application with the appropriate TTB officer setting forth in detail the experimentation to be conducted and the facilities and equipment to be used. The proposed experimentation must not be conducted until the appropriate TTB officer has determined that the conduct of such experimentation must not jeopardize the revenue, conflict with wine operations, or be contrary to law, and has approved the application.
(c) Segregation of operations. Experimentation authorized under this section will be conducted with the degree of segregation from wine operations as may be required by the appropriate TTB officer under the provisions of § 24.27.
(d) Records. The proprietor shall, with respect to each experiment authorized by this section, keep records of the kind and quantity of materials received and used and the volume of wine treated and the manner by which disposed.
(e) Disposition of the wine. The disposition of the wine subjected to experimental treatment will conform to the conditions stated in the authorization to conduct the experimentation.
§ 24.250 - Application for use of new treating material or process.
(a) General. If the proprietor desires to use a material or process which is not specifically authorized in §§ 24.246, 24.247, 24.248, or elsewhere in this part, an application shall be filed with the appropriate TTB officer to show that the proposed material or process is a cellar treatment consistent with good commercial practice.
(b) Data required. The application must include documentary evidence from the U.S. Food and Drug Administration that the material is consistent with the food additive requirements under the Federal Food, Drug, and Cosmetic Act for its intended purpose in the amounts proposed for the particular treatment contemplated.
(c) Use of cellar treatment. The proprietor may not use the proposed treating material or process until a determination has been made by the appropriate TTB officer that the intended use of the material or process is acceptable in good commercial practice.
(d) Processing of application. After evaluation of the data submitted with the application, the appropriate TTB officer will make a decision regarding the acceptability of the proposed treatment in good commercial practice. The appropriate TTB officer will notify the proprietor of the approval or disapproval of the application.
§ 24.251 - Tolerance for artificially carbonated hard cider and sparkling hard cider.
(a) Tolerance. A tolerance of not more than 0.009 gram per 100 milliliters to the maximum limitation of carbon dioxide in artificially carbonated hard cider and sparkling hard cider will be allowed where the amount of carbon dioxide in excess of 0.64 gram per 100 milliliters is due to mechanical variations or secondary fermentation variations that cannot be completely controlled under good commercial practice. A tolerance will not be allowed where it is found by the appropriate TTB officer that the proprietor continuously or intentionally exceeds 0.64 gram of carbon dioxide per 100 milliliters of artificially carbonated hard cider or sparkling hard cider or where the variation results from the use of methods or equipment determined by the appropriate TTB officer to be not in accordance with good commercial practice. (See Subpart P of this part for the definition of hard cider for purposes of determining eligibility for the hard cider tax rate.)
(b) Records. See § 24.302 of this chapter for recordkeeping requirements.
§ 24.252 - Salvaging accidentally diluted wine.
(a) Removal of accidentally added water without prior TTB approval. If a proprietor accidentally adds to standard wine water in excess of limitations specified in subpart F of this part and this subpart, the accidentally diluted wine may be returned to its original condition through:
(1) The use of reverse osmosis and distillation without prior application to TTB provided that:
(i) The accidentally added water represents no more than 10 percent of the original volume of the wine;
(ii) The wine is returned to its original condition by removing an amount of water equal to the amount that was accidentally added to the wine;
(iii) The vinous character of the wine is not altered;
(iv) The proprietor transfers the wine in bond to a distilled spirits plant for treatment; and
(v) Records are maintained in accordance with paragraph (c) of this section; or
(2) By adding juice concentrate under the conditions outlined in § 24.180 without prior application to TTB provided that:
(i) The accidentally added water represents no more than 10 percent of the original volume of the wine;
(ii) The solids content of the finished wine do not exceed 21 percent by weight;
(iii) The proprietor complies with any State or local rules regarding the addition of juice concentrate; and
(iv) Records are maintained in accordance with paragraph (c) of this section.
(b) Removal of accidentally added water with TTB approval. If a proprietor accidentally adds water to standard wine and the accidentally added water represents more than 10 percent of the original volume of the wine, then the proprietor must request permission from TTB prior to treating the wine. A proprietor may submit an application requesting permission to treat the wine to remove the water and return the wine to its original condition. The removal of water may not be conducted until the appropriate TTB officer has approved the request. The application which is to be submitted to the appropriate TTB officer, must be in writing, must provide evidence of the exact amount of water accidentally added to the wine and an explanation of how the water was accidentally added, and must specify the method the proprietor will use to remove the water from the wine. In approving any request under this section, the appropriate TTB officer may require the proprietor to take steps to prevent future accidental additions of water to wine. In evaluating any request under this section, the appropriate TTB officer may consider as a factor whether the proprietor has demonstrated good commercial practices, taking into account the proprietor's prior history of accidental addition of water to wine and of compliance with other regulations in this part.
(c) Records. The proprietor must, with respect to removals of water from wine and addition of concentrate authorized under this section, maintain records that document the accidental addition of water, the use of any treatment or process to remove the water from the wine, and the fact that only the amount of water that was accidentally added to the wine was removed as a result of the treatment or process or that only an amount of concentrate sufficient to make up for the amount of water accidentally added is used.