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O

N A L

REGISTER
VOLUME 3

1934

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NUMBER 42

,
Washington Wednesday, March 2, 1938
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 also includes mixtures of the foregoing distillates for which no specific standards of identity are pre AMENDMENT OF THE CONSULAR REGULATIONS
scribed herein. Those types of whiskey specified in subsec By virtue of and pursuant to the authority vested in me tions a through j below shall be deemed American type by section 1752 of the Revised Statutes of the United whiskeys.
States U. S. C., title 22, sec; 132, it is ordered that Article a Rye whiskey , bourbon whiskey , wheat whiskey , x m of the Consular Regulations, as contained in Executive malt whiskey , or rye malt whiskey is whiskey which has Order No. 7729 of October 16, 1937,1 be, and it is hereby, been distilled at not exceeding 160 proof from a fermented amended as follows:
mash of not less than 51% rye grain, com grain, wheat 1.
That part of section 202 preceding paragraph numbered grain, malted barley grain or malted rye grain, respectively, 1 is amended to read:
and, if produced on or after March 1, 1938, stored in charred 202. Cases in which seamen may be discharged. The new oak containers, and also includes mixtures of such usual cases in which American seamen are discharged, upon whiskeys where the mixture consists exclusively of whiskeys payment of wages, in a foreign port by consular officers, o f the same type. Cora whiskey is whiskey which has under the provisions of the statutes and the principles of been distilled at not exceeding 160 proof from a fermented maritime law, may be stated as follows:
mash of not less than 80% com grain, stored in uncharred 2.
The following paragraph, numbered 11, is inserted oak containers or reused charred oak containers, and not subjected, in the process of distillation or otherwise, to treat between paragraphs numbered 10 and 12 of section 202:
ment with charred wood, and also includes mixtures of such 11 When the vessel is wrecked, destroyed, lost, whiskey.
stranded, or condemned as unfit for service. See also 2. Article II, Section 21, Class 2 d of said regulations sec. 228.
ts amended to read:
PRESIDENT OF THE U NITED STATES.
E xecutive O rder
F r a n k l in D R oosevelt
T he W h it e H ouse ,
February 28, 1938.
No. 78261
P. R. Doc. 38-633; Piled, March 1,1938; 12:02 p. m.

TREASURY DEPARTMENT.
Federal Alcohol Administration Division.
Regulations No. 5, Amendment No. 5

A mending C ertain P rovisions of the D istille d S pir it s L abeling R egulations W it h R eference to the P roper L abeling of W h is k e y S tored i n R eused C ooperage and to O ther M atters
Pursuant to the provisions of Section 5 e of the Federal Alcohol Administration Act, as amended, Regulations No. 5, Relating to Labeling and Advertising of Distilled Spirits, as amended, are further amended as follows:
1.
Article n , Section 21, Class 2 a of said regulations amended to read:
Class 2. Whiskey. Whiskey is an alcoholic distillate 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 distillery at not 12 P. R. 2601 D I .
1 P. R. 92.

d 1 Straight bourbon whiskey is straight whiskey distilled from a fermented mash of grain of which not less than 51% is com grain.
2 Straight corn whiskey is straight whiskey distilled from a fermented mash of grain of which not less than 80%
is corn grain, aged for the required period in uncharred oak containers or reused charred oak containers, and not sub jected, in the process of distillation or otherwise, to treat ment with charred wood.
3. Article m , Section 32 c amended to read:

10 of said regulations is
10 Age of whiskey and straight whiskey, respective per centages of whiskey, straight whiskey and neutral spirits, and type of cooperage, in accordance with Section 39 below:
Provided, That no label shall bear any statement relative to age or period of storage for any American whiskey other than com whiskey, straight com whiskey, blended com whiskey and blends of straight com whiskey produced on and after July 1, 1936, and prior to March 1, 1938, unless is such whiskey has been stored in a charred new oak container.

4 . Article m , Section 34 of said regulations is amended by adding at the end thereof two subsections to read:
d In the case of whiskey as defined in Article il, Section 21, Class 2 and in the case of American type whiskey, which in whole or in part, is treated, on or after March 1, 1938, with wood chips through percolation or otherwise, during distil lation, rectification or storage, there shall be stated in direct 561