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Industry Circular

Number: 86-7

Date: April 17, 1986

Department of the Treasury

Bureau of Alcohol, Tobacco, and Firearms

Washington, D.C. 20226


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Availability of ATF Form 5100.31 Application for and Certificate/Exemption of Label/Bottle Approval

Proprietors of Distilled Spirits Plants, Bonded Wineries, Taxpaid Wine Bottling Houses, Breweries, Importers, Wholesalers, and Others Concerned:

Purpose. This circular announces the availability of a new ATF form, Form 5100.31, Application for and Certificate/ Exemption of Label/Bottle Approval (10/85). This form replaces three existing ATF forms: Form 1648, Application for Certificate of Exemption from Label Approval; Form 1649, Application For and Certificate of Label Approval under Federal Alcohol Administration Act; and Form 1650, Certificate of Exemption from Label Approval under the Federal Alcohol Administration Act. These three forms are obsolete and will not be accepted for applications for label approval or exemption from label approval received after May 30, 1986. A forthcoming Treasury decision will amend regulations in 27 CFR Parts 4, 5, and 7 to change all references to these forms to ATF Form 5100.31.

Background. ATF has combined these forms in the interest of economy and paperwork reduction. Certain information which is not required on Forms 1648 or 1649 must be shown on Form 5100.31. In addition, the instructions for preparation of some entries on the form have changed. All changes from Forms 1648 and 1649 are explained in detail below.

Item #1, Vendor Code. Enter your vendor code in this space. If you are a new applicant and have not been assigned a vendor code, leave this space blank and submit a photocopy of your basic permit or approved notice with your first application.

Item #2, Serial Number. Assign serial numbers to each set of applications using a sequential numbering system, and beginning with the last two digits of the current calendar year; e.g. 86-1, 86-2. Use only one series of serial numbers for all applications on Form 5100.31. Item #3, Name and Address. Enter your name and address exactly as it appears on your basic permit or approved notice. If a trade name is used on the label attached to the application, enter that trade name as it appears on your permit or notice in this space. You may show an additional mailing address directly under the required name and address. BE SURE TO INCLUDE YOUR PLANT REGISTRY OR BASIC PERMIT NUMBER IN THIS SPACE.

Item #4, Type of application. Check the appropriate box for the type of application being filed. If the application is for exemption from label approval, enter the State of sale. If the application is for distinctive bottle approval, check boxes a. and c., and state the total bottle capacity before closure in millilitres.

Item #7, Fanciful Name. Enter the fanciful name (i.e., prop- rietary name) used on the label for a specialty product which does not conform to a specific class and type designation.

Item #8, Vintage. Show a vintage date only for wine for which a vintage is claimed on the label.

Item #9, Age. Show age only for distilled spirits for which an age reference is made on the label. If less than two years, show age in months.

Item #11, Laboratory Analysis Number. Show the ATF Labor- atory analysis number and the month and year of the analysis for imported products which have been analyzed by the ATF Laboratory. Attach a copy of the laboratory analysis with the application for label approval.

Conditions under which label approvals are not required. The conditions which do not necessitate the submission of a new label approval are listed on the reverse of Form 5100.31. These conditions were outlined in Industry Circular 85-6, dated July 4, 1985.

Use of Form 5100.31 as an application for exemption from label approval under the FAA Act. This form replaces Forms 1648 and 1650. Applications for exemption from label approval will be made on Form 5100.31, and this form will be approved and returned to the applicant.

Sample Copy. A facsimile of Form 5100.31 is attached to this industry circular for your reference. Please note that this copy is reduced in size and may not be photocopied for use. Effective Date. After May 30, 1986, applications for label approval or exemption from label approval will not be accepted on Forms 1648 or 1649. Proprietors may submit applications on Form 5100.31 after December 31, 1985. Do not resubmit previously approved labels. All approved Forms 1649 and 1650 remain valid after May 30, 1986.

Availability of Form. Please destroy all stocks of Forms 1648 and 1649. Supplies of Form 5100.31 may be obtained from the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153; telephone (703) 455-7801. There will be no automatic distribution of Form 5100.31 to permittees; you must request copies from the ATF Distribution Center.

Inquiries. Inquiries concerning this circular should refer to its number and be addressed to the Associate Director (Compliance Operations), Attention: Chief, Industry Compliance Division, Bureau of Alcohol, Tobacco and Firearms, 1200 Pennsylvania Avenue, NW, Washington, DC 20226.

Stephen Higgins


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