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REGISTER

FEDERAL
VOLUME I

1934

c 4 r
c A/JTEO

NUMBER 14

,
Washington Thursday, April 2, 1936
TREASURY DEPARTMENT.
Federal Alcohol Administration.
L ab e lin g
and
A d v e r t is in g
of
D is t il l e d S p ir it s
Regulations No. 5 prescribed under the Provisions o f the Federal Alcohol Administration Act, Approved August 29, 1935 Public, No. 401, 74th Congress
ARTICLE I. DEFINITIONS

As used in these regulations a The term A ct means the Federal Alcohol Adminis tration Act.
b The term Administration means the Federal Alco hol Administration.
c The term Administrator means the head of the Federal Alcohol Administration.
d The term permittee means any person holding a basic permit under the Federal Alcohol Administration Act.
e The term distilled spirits means ethyl alcohol, hy drated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use.
f The term bottle means any container, irrespective of the material from which made, used for the sale of dis tilled spirits at retail.
g The term in bulk means in containers having a ca pacity in excess of one wine gallon.
h The term gallon means United States gallon of 231
cubic inches of alcoholic beverage at 68 F. 20 C.. All other liquid measures .used are subdivisions of the gallon as so defined.
i The term brand label means the label carrying, in the usual distinctive design, the brand name of the distilled spirits.
j The term age means the period during which, after distillation and before bottling, distilled spirits have been kept in oak containers, charred if for a whiskey of American type other than com whiskey, straight corn whiskey, blended com whiskey corn whiskey a blend, or a blend of straight corn whiskeys. In the case of American type whiskeys produced on or after July 1,1936, age means the period during which the whiskey has been kept in new oak containers, charred if used for whiskey other than corn whiskey, straight corn whis key, blended corn whiskey com whiskey a blend, or a blend of straight com whiskeys.
k The term United States means the several States and Territories and the District of Columbia; the term State includes a Territory and the District of Columbia; and the term Territory means Alaska, Hawaii, and Puerto Rico.
l The term interstate or foreign commerce means com merce between any State and any place outside thereof, or commerce within any Territory or the District of Columbia, or between points within the same State but through any place outside thereof.

m The term person means any individual, partnership, joint stock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or em ployee of any agency of a State or political subdivision thereof; and the term trade buyer means any person who is a wholesaler or retailer.
n Any other term defined in the Federal Alcohol Admin istration Act and used herein shall have the same meaning assigned to it by such Act.
ARTICLE II . STANDARDS OF IDENTITY FOR DISTILLED SPIRITS

S e c . 20. Application of Standards. The standards of iden
tity fo r the several classes and types of distilled spirits set forth herein shall be applicable to all regulations and per mits issued under the Act. Whenever any term fo r which a standard of identity has been established herein is used in any such regulation or permit, such term shall have the meaning assigned to it by such standard of identity.
S ec . 21. The Standards of Identity. Standards of iden tity for the several classes and types of distilled spirits set forth herein shall be as follows:
C lass 1. Neutral Spirits or Alcohol. Neutral spirits or alcohol are distilled spirits distilled from any material at or above 190 proof, whether or not such proof is subse quently reduced.
C lass 2. Whiskey. a Whiskey is an alcoholic distill ate from a fermented mash of grain distilled at less than 190 proof in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to whiskey, and withdrawn from the cistern room of the dis tillery at not more than 110 and not less than 80 proof, whether or not such proof is further reduced prior to bot tling to not less than 80 proof; and also includes mixtures of the foregoing distillates for which no specific standards of identity are prescribed herein. Rye whiskey , bourbon whiskey , wheat whiskey , corn whiskey , malt whiskey , or rye malt whiskey is whiskey which has been distilled at not exceeding 160 proof from a fermented mash of not less than 51% rye grain, com grain, wheat grain, corn grain, malted barley grain, or malted rye grain, respectively, and also includes mixtures of such whiskeys where the mixture consists exclusively of whiskeys of the same type.
b Straight whiskey is an alcoholic distillate from a fermented mash of grain distilled at not exceeding 160
proof and withdrawn from the cistern room of the distillery at not more than 110 and not less than 80 proof, whether or not such proof is further reduced prior to bottling to not less than 80 proof, and is 1 Aged fo r not less than twelve calendar months if bottled on or after July 1, 1936, and before July 1, 1937; or 2 Aged for not less than eighteen calendar months if bottled on or after July 1, 1937, and before July 1, 1938; or 3 Aged for not less than twenty-four calendar months if bottled on or after July 1, 1938.
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