APPROVAL OF DISTINCTIVE LIQUOR BOTTLES
Proprietors of distilled spirits plants,
liquor bottle manufacturers, importers,
and others concerned:
The purpose of this circular is to advise proprietors of distilled
spirits plants, liquor bottle manufacturers, and importers of ATF Ruling
No. 73-14 which requires that all liquor bottles of distinctive shape or
design must be submitted to the Director for approval, whether or not such
bottles bear the required indicia. The ruling will be published in ATF
Bulletin 1973-8 and will read as follows:
The Bureau of Alcohol, Tobacco and Firearms recognizes a need for greater implementation of the regulations concerning distinctive liquor bottles.
Under the provisions of 26 CFR 201.540e, 250.315,
and 251.205, the Director is authorized to approve any
distinctive liquor bottle, including bottles of less
than one-half pint capacity. Those sections further
provide that the approval must be obtained prior to submission to the Regional Director of an application on
Form 4329, Application and Authorization to Use Distinctive Liquor Bottles.
For several years the Director, Alcohol, Tobacco
and Firearms has not required formal approval of liquor
bottles of distinctive shape or design if they bore the
indicia required by 26 CFR 173.33, 173.34, and 173.35.
As a result, it now appears that some indicia-bearing
distinctive liquor bottles which have not been submitted
to the Director for approval are likely to be deceptive
Therefore, it is held that all liquor bottles of
distinctive shape or design, including bottles of less
than one-half pint capacity, must be submitted to the
Director for approval, whether or not such bottles bear
the required indicia. Applications and specimen bottles
should be submitted in accordance with the provisions of
26 CFR 201.540e, 250.315, and 251.205. Where a distinctive liquor bottle has incorporated therein any written,
printed or other graphic matter, the photographs which
accompany the application and the specimen bottle must
clearly show such matter.
Subsequent to approval by the Director of a distinctive liquor bottle, application to use the bottle
should be submitted on Form 4329 in accordance with the
instructions on the back of the form.
This ruling applies to all distinctive liquor
bottles currently in use which have not been approved
by the Director, whether or not they have previously
been used as liquor bottles.
Inquiries regarding this circular should refer to its number and be
addressed to the
Bureau of Alcohol, Tobacco and Firearms,
N. W., Washington, D. C. 20226,
Rex D. Davis