ALTERNATE APPROVAL PROCEDURES FOR DISTINCTIVE LIQUOR BOTTLES
Proprietors of distilled spirits plants, liquor bottle manufacturers,
importers, and others concerned:
PURPOSE. The purpose of this circular is to inform industry
members and others concerned that an ATF Ruling which liberalizes
distinctive liquor bottle approval procedures will be published
in the April - June quarterly issue of the Alcohol, Tobacco and
Firearms Bulletin. This ruling will read substantially as follows:
The Bureau has been requested to allow the approval of
distinctive liquor bottles as part of the label approval process,
and thereby reduce costs to permittees.
Regulations in 27 CFR 19.62, 250.331, and 251.221 allow the
Director to approve alternate methods or procedures subject to
stated conditions, when he finds that:
- Good cause has been shown for the use of the
alternate method or procedure;
- The alternate method or procedure is within the
purpose of, and consistent with the effect intended by
the specifically prescribed method or procedure, and
affords equivalent security to the revenue; and
- The alternate method or procedure will not be contrary
to any provision of law, and will not result in an
increase in cost to the Government or hinder the
effective administration of these parts.
The regulations appearing at 27 CFR 19.634, 250.314, and
251.204, require submission of a letter application accompanied
by an actual bottle or an authentic model if the bottle has not
previously been declared distinctive.
The Bureau finds that the applicant may, as an alternative,
certify as to the total capacity of a representative sample
bottle before closure (expressed in milliliters) on Forms 1649 in
lieu of submitting the actual bottle or model required by regulations.
In addition, the Bureau has determined that affixing a readily
legible photograph (both front and back of the bottle) to the
front of each copy of Form 1649, along with the label(s) to be
used on the bottle, will be sufficient in most instances to allow
the approval of distinctive liquor bottles as part of the label
HELD, bottlers and importers desiring approval of distinctive
liquor bottles without submitting an actual specimen bottle or an
authentic model (unless specifically requested) may, as an alter-
native, certify as to the total capacity of a representative
sample bottle before closure (expressed in milliliters) on Forms 1649, accompanied by both labels to be used with the bottle, and a readily legible photograph (both front and back) of the bottle, affixed to the front of the forms.
INQUIRIES: Inquiries concerning this circular should be referred
to its number and be addressed to the Assistant Director
(Regulatory Enforcement), Bureau of Alcohol, Tobacco and Firearms,
1200 Pennsylvania Avenue, NW, Washington, DC 20226.