FORMULAS FOR THE PRODUCTION
OF NONBEVERAGE WINE
Bonded Wine Premises Proprietors and Others Concerned:
Purpose. The purpose of this circular is twofold.
First, to alert those proprietors who have identified in
error on existing formulas their nonbeverage wine as
cooking wine that these formulas are going to be
returned. The proper designation should be "Wine unfit
for beverage use" or "Nonbeverage wine." And second, to
inform proprietors submitting nonbeverage wine formulas in
the future that both ATF and the Food and Drug
Administration (FDA) have responsibility over the
production of these wine products.
Background. Recently we reviewed approved formulas
for the production of nonbeverage wine submitted by
proprietors of bonded wine premises. Most of these
formulas identified the name under which the product was
to be marketed (Item 4 on ATF F 5120.29) as cooking wine.
Since the wine is being produced as a wine product unfit
for beverage use under the Internal Revenue Code (IRC),
Section 5362(d), and implementing regulations,
27 CFR 24.215, the name of the product in Item 4 of
ATF F 5120.29 should be "Wine unfit for beverage use" or
"Nonbeverage wine." "Cooking wine" is not recognized as a
type of wine under the IRC or implementing regulations.
Discussion. We will be returning to bonded wine
premises proprietors a copy of any approved nonbeverage
wine formula on file with ATF which does not identify the
product in Item 4 of ATF F 5120.29 as "Wine unfit for
beverage use" or "Nonbeverage wine." We will retain the
original of the approved formula in our files for 45
calendar days from the date the copy is returned to allow
sufficient time for the proprietor's review and submission
as a nonbeverage wine formula. If no action is taken by
the proprietor on the returned formula within 45 days, the
formula in our files will be cancelled and a notice of
such cancellation action will be sent to the proprietor.
Proprietors should inform customers purchasing nonbeverage
wine or wine products in bulk of FDA labeling requirements
if such wine is to be used in a food product. In
addition, the marking or labeling requirements of
27 CFR 24.218(b) are required if a proprietor uses other
than standard wine to produce a nonbeverage wine or wine
Inquiries. Inquiries concerning this circular should
refer to its number and be addressed to: Associate
Director (Compliance Operations), Bureau of Alcohol,
Tobacco and Firearms, 1200 Pennsylvania Avenue, NW,
Washington, DC 20226.
Inquiries regarding FDA labeling of food products should
be addressed to: Division of Regulatory Guidance, Center
for Food Safety and Applied Nutrition, Food and Drug
Administration, 200 C Street, SW, Washington, DC 20204.