FDA has received *inquires* concerning which federal agency has jurisdiction over the labeling of diluted wines and ciders. These questions concern such beverages which contain less than 7% alcohol by volume.
Alcoholic beverages subject to or complying with packaging or labeling requirements imposed by the Federal Alcohol Administration Act, 27 U.S.C. 201 et seq. (FAA Act), administered by the Treasury Department, are exempt from the requirements of the Fair Packaging and Labeling Act (Sec. 10(a)(4)). Wine is defined by the FAA Act as having 7% or more of alcohol by volume. The above mentioned products with less than 7% alcohol are not defined in this Act, or subject to the packaging and labeling requirements of this Act. Thus, their packaging and labeling is subject to requirements of both the FD&C Act and the FP&L Act.
Beverages such as diluted wine and cider, which have an alcohol content of less than 7% by volume and are not defined in the Federal Alcohol Administration Act, are subject to the labeling requirements of the Federal Food, Drug, and Cosmetic Act and Fair Packaging and Labeling Act as expressed in Title 21 of the Code of Federal Regulations.
*Material between asterisks is new or revised.*
Revised: 3/95, 8/96