[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Rules and Regulations]
[Pages 11917-11919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6238]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 4
[T.D. ATF-475; Ref. Notice No. 924]
RIN: 1512-AC29
Addition of New Grape Variety Names for American Wines (2000R-
322P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms, Department of the
Treasury.
ACTION: Treasury decision, final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is adding
four new names to the list of prime grape variety names for use in
designating American wines: Albarino, Alvarinho, Black Corinth, and
Fiano.
EFFECTIVE DATE: Effective May 17, 2002.
FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Bureau of Alcohol,
Tobacco and Firearms, Regulations Division, 111 W. Huron Street, Room
219, Buffalo, NY 14202-2301; telephone (716) 434-8039.
SUPPLEMENTARY INFORMATION:
Background
Under the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.) (FAA Act), wine labels must provide the consumer with adequate
information as to the identity of the product. The FAA Act also
requires that the information appearing on wine labels not mislead the
consumer.
To help carry out these statutory requirements, ATF has issued
regulations, including those that designate grape varieties. Under 27
CFR 4.23(b) and (c), a wine bottler may use a grape variety name as the
designation of a wine if at least 75 percent of the wine (51 percent in
the case of wine made from Vitis labrusca grapes) is derived from that
grape variety. Under Sec. 4.23(d), a bottler may use two or more grape
variety names as the designation of a wine if all of the grapes used to
make the wine are of the labeled varieties, and the percentage of the
wine derived from each variety is shown on the label.
Treasury Decision ATF-370 (61 FR 522), January 8, 1996, adopted a
list of grape variety names that ATF determined to be appropriate for
use in designating American wines. The list of prime grape names and
their synonyms appears at Sec. 4.91, while alternative grape names
temporarily authorized for use are listed at Sec. 4.92. We believe the
listing of approved grape variety names for American wines will help
standardize wine label terminology and prevent consumer confusion.
How May New Varieties Be Added to the List of Prime Grape Names?
Under Sec. 4.93, any interested person may petition ATF to add
additional grape varieties to the list of prime grape names. The
petitioner should provide evidence of the following:
Acceptance of the grape variety;
The validity of the name for identifying the grape
variety;
That the variety is used or will be used in winemaking;
and
That the variety is grown and used in the United States.
Documentation submitted with the petition may include:
A reference to the publication of the variety's name in a
scientific or professional journal of horticulture or a published
report by a professional, scientific or winegrowers' organization;
A reference to a plant patent, if patented; and
Information about the commercial potential of the variety,
such as the acreage planted and its location or market studies.
Section 4.93 also places certain eligibility restrictions on the
approval of grape names. We will not approve a name:
If it has previously been used for a different grape
variety;
If it contains a term or name found to be misleading under
Sec. 4.39; or
If a name of a new grape variety contains the term
``Riesling.''
The Director will not approve the name of a new grape variety
developed in the United States if the name contains words of
geographical significance, place names, or foreign words which are
misleading under Sec. 4.39.
Notice 924
In Notice 924, published on July 19, 2001, ATF proposed to add the
names Albarino, Alvarinho, Black Corinth, and Fiano to the list of
approved grape variety names in Sec. 4.91. We based the proposal on the
petitions and evidence described below. We received no comments to the
notice. Because the petitioners provided sufficient evidence to support
the requirements of Sec. 4.93, we are adding the new names to the
approved list.
Petitions
Petition for Albarino/Alvarinho
Havens Wine Cellars of Napa, California, petitioned ATF to add
``Albarino'' to the list of prime grape names approved for the
designation of American wines. Grown for centuries in Spain and
Portugal, Albarino, a white Vitis vinifera grape, is relatively new to
the United States. In Portugal the grape is called ``Alvarinho.''
The petitioners stated that Albarino has long been recognized in
Europe and in academic communities. As evidence of this, the
petitioners submitted the following supporting documents provided by
Professor Carole Meredith of the Viticulture and Enology Department at
the University of California at Davis (UC Davis):
European Union Regulation 3201/90: This regulation permits
the use of the name ``Albarino'' on labels of Spanish wines, and the
name ``Alvarinho'' on labels of Portuguese wines.
Two scientific papers published in the American Journal of
Enology and Viticulture: ``Effects of Grapevine Leafroll-Associated
Virus 3 on the Physiology and Must of Vitis vinifera L. cv. Albarino
Following Contamination in the Field,'' (Vol. 50, 1999) which discusses
a study conducted on Albarino grape vines, and ``Contribution of
Saccharomyces and Non-Saccharomyces Populations to the Production of
Some Components of Albarino Wine Aroma,'' (Vol. 47, 1996) which
describes a study conducted on Albarino musts.
``The Genetic Resources of Vitis'': This listing of
international grape variety names and synonyms, published in 1988 by
the German Federal Grape Breeding Institute, lists Alvarinho as the
[[Page 11918]]
prime name for the grape varietal with Albarino as a synonym.
An abstract of an article from the Journal of the American
Society for Horticultural Science: ``Molecular marker analysis of Vitis
vinifera `Albarino' and some similar grapevine cultivars,'' published
September 1998, describing a DNA analysis conducted on Albarino
grapevines.
The petitioner also submitted several wine literature articles from
sources such as Wine Spectator and Wine Today, which mention Albarino/
Alvarinho wine.
ATF contacted Professor Meredith and asked her if the name
``Alvarinho'' should be added to the list as a synonym of Albarino. She
replied that both names are well established in Europe and are equally
valid names for the grape. She stated that because the grape is
relatively new to the U.S., she didn't know which name is most commonly
used by U.S. winemakers. She noted that UC Davis has an example of the
grapevine in its collection and uses the name ``Alvarinho'', most
likely because the plant originally came from Portugal.
Havens Wine Cellar reported that it has 2\1/2\ acres of Albarino in
production, with the first crop picked in 1999. We also know of two
other California wineries and a Virginia winery that are growing
Albarino. Since the evidence submitted satisfies the requirements of
Sec. 4.93, we are adding Albarino and Alvarinho to the list of prime
grape names in Sec. 4.91.
Petition for Black Corinth
Hallcrest Vineyards of Felton, California, petitioned ATF to add
the grape variety Black Corinth to the list of prime grape names
approved for the designation of American wines. Black Corinth grapes
are widely grown in California, where the vast majority of them are
dried into raisins and marketed under the name ``Zante Currant.''
As evidence of the grape's acceptance and use in California,
Hallcrest Vineyards submitted the following statistical reports issued
by the State of California:
Final Grape Crush Report for the 1999 crop, issued by the
California Department of Food and Agriculture.
California Grape Acreage report for 1999, issued by the
California Agricultural Statistics Service, in cooperation with the
U.S. Department of Agriculture.
Both reports include statistical tables with the data broken down
by grape varietal. Black Corinth is one of the listed varietals. The
petitioner stated that this is clear evidence that the grape is grown
in California and is recognized by the California Department of Food
and Agriculture.
Other documentation included The Oxford Companion to Wine (Jancis
Robinson, Oxford University Press, 1999), which states that Black
Corinth is one of the most commonly used grape varieties in the world
raisin industry, and is occasionally used in winemaking.
Hallcrest Vineyards stated it has made a fruity, blush dessert wine
from the Black Corinth grape. We are aware of at least one other winery
using the grape to produce a table wine. Because the evidence satisfies
the requirements of Sec. 4.93, we are adding Black Corinth to the list
of prime grape names in Sec. 4.91. Because we believe the name ``Zante
Currant'' could mislead consumers into thinking the wine is made from
currants and not grapes, we did not propose that name as a synonym.
Petition for Fiano
United Distillers and Vintners North America, Inc. (UDV) petitioned
ATF to add the name ``Fiano'' to the list of prime grape names approved
for the designation of American wines. UDV owns three wineries in
California--Beaulieu Vineyards, Glenn Ellen Carneros Winery, and
Blossom Hill.
Fiano is a white varietal, long grown in the Campania region of
Italy where it is used to produce the Denominazione di Origine
Controllata wine Fiano di Avellino. According to information submitted
by the petitioner, Fiano is an old grape with a history dating back to
the ancient Romans. Records show that Holy Roman Emperor Frederick II
(1215-1250) placed an order for Fiano wine and that Charles d'Anjou
(1227-1285) planted 16,000 Fiano vines. Modern reference sources
referring to the Fiano grape include The New Sotheby's Wine
Encyclopedia (Tom Stevenson, DK Publishing, Inc., 1997) and The Oxford
Companion to Wine (Jancis Robinson, Oxford University Press, 1999).
As evidence of the grape's use in the United States, UDV submitted
a price list from Herrick Grapevines in St. Helena, California, listing
Fiano in its grapevine inventory. According to this inventory, the
Fiano was planted in 1997 and was obtained from Duarte Nursery in
Modesto, California. UDV further stated that Beaulieu Vineyard has
produced two vintages of Fiano wine, and submitted evidence that at
least three other California vineyards and one New York vineyard are
also growing Fiano. The petitioner submitted a letter from Monterey
Pacific, one of the California growers, stating that they have five
years of experience with Fiano and find it to be a grape with
distinctive varietal character.
Based on the evidence presented in the petition, we are adding the
Fiano grape to the list of approved prime names in Sec. 4.91.
Regulatory Analyses and Notices
Does the Paperwork Reduction Act Apply to This Final Rule?
The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C.
Chapter 35, and its implementing regulations, 5 CFR part 1320, do not
apply to this rule. This rule does not require winemakers to collect
any additional information.
How Does the Regulatory Flexibility Act Apply to This Final Rule?
We certify that this final regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation will permit the use of new grape varietal names. We do not
expect any negative impact on small entities. We are not imposing new
requirements. Accordingly, the act does not require a regulatory
flexibility analysis.
Is This a Significant Regulatory Action as Defined by Executive Order
12866?
This is not a significant regulatory action as defined by Executive
Order 12866. Therefore, the order does not require a regulatory
assessment.
Drafting Information
The principal author of this document is Jennifer Berry,
Regulations Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 4
Advertising, Consumer protection, Customs duties and inspections,
Imports, Labeling, Packaging and containers, Wine.
Authority and Issuance
Accordingly, 27 CFR part 4, Labeling and Advertising of Wine, is
amended as follows:
PART 4--LABELING AND ADVERTISING OF WINE
Paragraph 1. The authority citation for part 4 continues to read as
follows:
Authority: 27 U.S.C. 205.
Para. 2. Section 4.91 is amended by adding the names ``Albarino'',
``Alvarinho'', ``Black Corinth'', and ``Fiano'' in alphabetical order,
to the list of prime grape names, to read as follows:
[[Page 11919]]
Sec. 4.91 List of approved prime names.
* * * * *
Albarino (Alvarinho)
* * * * *
Alvarinho (Albarino)
* * * * *
Black Corinth
* * * * *
Fiano
* * * * *
Signed: February 14, 2002.
Bradley A. Buckles,
Director.
Approved: February 24, 2002.
Timothy E. Skud,
Acting Deputy Assistant Secretary, (Regulatory, Tariff & Trade
Enforcement).
[FR Doc. 02-6238 Filed 3-15-02; 8:45 am]
BILLING CODE 4810-31-P