Grape Variety Names for American Wines

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 4

[T.D. ATF-370; Ref. Notice Nos. 749, 581]

RIN 1512-AA67

Grape Variety Names for American Wines

AGENCY: Bureau of Alcohol, Tobacco and Firearms, Department of the

Treasury.

ACTION: Final rule; Treasury decision.

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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing a

final rule containing a list of approved prime grape variety names

which may be used as the designation for American wines. This rule

contains two other lists of alternative names which may be used as

grape wine designations until January 1, 1997, or January 1, 1999. This

rule also contains a procedure by which interested persons may petition

the Director for the addition of names to the list of prime grape

names.

ATF believes the listing of approved names of grape varieties for

American wines will help standardize wine label terminology and prevent

consumer confusion by reducing the large number of synonyms for grape

varieties currently used for labeling American wines.

DATES: This final rule is effective February 7, 1996. Alternative names

listed at Sec. 4.92(a) may be used as designations for American wines

bottled prior to January 1, 1997. Alternative names listed at

Sec. 4.92(b) may be used as designations for American wines bottled

prior to January 1, 1999.

FOR FURTHER INFORMATION CONTACT:

Charles N. Bacon, Wine, Beer, and Spirits Regulations Branch, Bureau of

Alcohol, Tobacco and Forearms, 650 Massachusetts Avenue, NW,

Washington, DC 20226; Telephone (202) 927-8230.

SUPPLEMENTARY INFORMATION:

Background

The Federal Alcohol Administration Act

Section 105(e) of the Federal Alcohol Administration Act (FAA Act),

27 U.S.C. 205(e), vests broad authority in the Director, as a delegate

of the Secretary of the Treasury, to prescribe regulations intended to

prevent deception of the consumer, and to provide the consumer with

adequate information as to the identity and quality of the product.

Regulations which implement the provisions of section 105(e) as they

relate to wine are set forth in title 27, Code of Federal Regulations,

Part 4 (27 CFR part 4).

Wine Varietal Labeling

Under Sec. 4.34(a), still grape wine may be designated by labeling

the wine with the predominant grape(s) from which the wine is produced.

Since 1983, labeling rules at Sec. 4.23a have provided for the use of a

grape variety name as the type designation of the wine if not less than

75 percent of the wine is derived from the labeled grape variety (less

in the case of wine made from certain Vitis labrusca grapes), and if

the wine is labeled with an appellation of origin. Wine may also be

labeled with the names of two or more grape varieties if all of the

grapes used to make the wine are of the labeled varieties, and the

percentage of wine derived from each variety is shown on the label.

In recent years, ATF has noted a trend among domestic and foreign

wineries to label wines using a grape variety designation. Increasing

use of hundreds of grape variety names and synonyms prompted ATF to

examine the correctness of using these names in order to insure that

grape variety names used are truthful, accurate, and not misleading.

Winegrape Varietal Names Advisory Committee

In 1982, ATF established the Winegrape Varietal names Advisory

Committee (``Committee'') to conduct an examination of the hundreds of

grape variety names and synonyms in use [47 FR 13623, March 31, 1982].

According to its charter, the Committee was to advise the Director of

the grape varieties and subvarieties which are used in the production

of wine, to recommend appropriate label designations for these

varieties, and to recommend guidelines for approval of names suggested

for new grape varieties. Their recommendations were restricted to grape

names used in the production of American wines. The Committee's final

report, presented to the Director in September 1984, contained their

findings regarding use of the most appropriate names for domestic

winegrapes varieties. ATF announced that the Committee's report was

available to the public in Notice No. 548 [49 FR 44049], published on

November 1, 1984.

Notice No. 581

On the basis of the recommendations contained in the Committee's

final report, ATF issued Notice No. 581 on February 4, 1986 [51 FR

4392]. This notice proposed the addition of Subpart J, American Grape

Variety Names, to Part 4. Within this subpart, Sec. 4.91 contained the

list of prime grape names which the Committee had found to be the most

appropriate names for grape varieties. Sections 4.92 and 4.93 contained

alternative names which could be used in conjunction with the prime

name (Sec. 4.92), or for five years, in lieu of the prime name

(Sec. 4.93). Section 4.94 contained guidelines for adding new grape

variety names to the list of prime names.

In addition to the recommendations included in the Committee

report, Notice No. 581 contained other proposals. One was to prohibit

the modification of grape variety names with color or style descriptive

terms or with proprietary names. This notice also proposed to make

obsolete certain IRS and ATF rulings relating to grape wine

designations. The comment period for Notice No. 581 was extended until

July 7, 1986, by the publication of Notice No. 589, April 8, 1986 [51

FR 11944].

Written Comments

ATF received 156 comments from 146 different respondents prior to

the end of the comment period on July 7, 1986. Comments were received

from: 76 consumers; the American Wine Society; 38 American wineries;

the Wine Institute; the Association of American Vintners; the

Washington Wine Institute; six grape growers; the California Farm

Bureau Federation; the California Association of Winegrape Growers; the

North Carolina Grape Growers Association; the Oregon Winegrowers

Association; two United

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States Congressmen; the Embassy of France; the Embassy of the Federal

Republic of Germany; four foreign wine producing or exporting companies

or associations; the publication Wine East; a wine writer; four persons

involved in academic research or classification of wine; and four

members of the Winegrape Varietal Names Advisory Committee.

Eleven respondents commented generally in favor of Notice No. 581,

and the proposal to establish a list of wine grape variety names for

domestic use. Conversely, a large number of respondents opposed the

concept of establishing a list of grape varieties, while many objected

to specific proposals such as the elimination of certain varietal

names, and the proposal to prohibit use of color or style descriptors

in conjunction with grape variety names. Because of the general

opposition to the proposals made in Notice No. 581, ATF decided to

reopen comment on the subject of grape variety names. At the same time,

ATF modified certain proposals made in that notice.

Notice No. 749

Background

ATF issued Notice No. 749 on September 3, 1992 [57 FR 40380].

Although the comment period for this notice was to have closed on

October 5, 1992, several respondents requested its extension. Notice

No. 762, October 26, 1992 [57 FR 48487], reopened the comment period

until December 28, 1992. The proposals in Notice No. 749 differed from

those made in Notice No. 581 in the following respects.

One List of Alternative Names

ATF reduced the two lists of alternative grape variety names to a

single list. This list proposed at Sec. 4.92 contained grape names

which would be phased out by January 1, 1997. A few alternative grape

names listed in Notice No. 581 were proposed as prime grape names, or

as synonyms for prime names.

Synonyms for Prime Names

The proposed list of prime names of grape varieties contained

synonyms for some prime names. These synonyms, such as ``Fume blanc''

(a synonym for Sauvignon blanc), would be acceptable designations for

wine as long as they appeared in direct conjunction with an appellation

of origin on a wine label.

Additional Grape Variety Names

ATF proposed additional grape names for inclusion on the list of

prime names. These names represent newly developed varieties as well as

some European vinifera grapes introduced into viticultural use in the

United States since publication of the Committee report.

Changes to the List of Prime Names

ATF proposed certain changes to the list of prime names, through

the deletion of names which are not the true names of grape varieties,

and through the addition of certain grape names which were previously

proposed as alternative names.

Approval of New Grape Names

ATF proposed minor changes to the method of approving new grape

names, primarily to provide more flexibility for grape breeders in

naming new varieties.

Gamay Beaujolais

No regulatory proposals were made for Gamay Beaujolais. ATF stated

that Gamy Beaujolais would be the subject of future rulemaking. In the

interim, domestic wineries and bottlers could continue to use Gamay

Beaujolais on wine labels. ATF made proposals regarding the use of

Gamay Beaujolais in Notice No. 793 [59 FR 15878, April 5, 1994].

Color and Style Descriptors

ATF eliminated the proposal to prohibit the use of descriptive or

proprietary terms with grape variety names.

Type Designations of Varietal Significance

Notice No. 749 proposed a new type designation for American wines.

These names would designate wines which have some varietal basis, but

are not composed of a specified grape variety such as Muscatel which

could be produced using any Muscat grapes.

Respondents to Notice No. 749

ATF received 55 written comments from 43 respondents. The following

is a list of respondents, their general interest in the proposals in

the notice, and, when appropriate, an abbreviation or acronym. For the

purpose of brevity, these abbreviations or acronyms are used throughout

this document to identify respondents. Following the list of

respondents are organizations and terms which are also used in this

document. Abbreviations and acronyms accompany these names as well.

1. H.P. Olmo, Professor Emeritus, University of California at

Davis, and Committee member.

2. William F. Doering, a Committee member.

3. Carole P. Meredith, Associate Professor, Department of

Viticulture and Ecology, University of California at Davis.

4. Bruce Reisch, Associate Professor, New York State

Agricultural Experiment Station, Cornell University at Geneva.

5. R.P. Lane, Associate Professor, Georgia Agricultural

Experiment Stations, University of Georgia at Griffin.

6. Delegation of the Commission of the European Communities

(``EC'').

7. The Agricultural Counselor, Embassy of France, Washington,

DC.

8. The Ambassador, Federal Republic of Germany, Washington, DC.

9. The Counselor for Economic and Commercial Affairs, the

Embassy of Spain, Washington, DC.

10. Deutscher Weinfonds, a German quasi-governmental authority

(``DW'').

11. Verband Deutscher Weinexporteure e.V., and Deutscher

Weinbauverband e.V., trade associations representing exporters of

German wine, and German wine growers.

12. Office International de la Vigne et du Vin, an international

trade association for wine (``OIV'').

13. Union Interprofessionelle des Vins du Beaujolais.

14. Federation des Exportateurs de Vins et Spiritueux de France,

a French trade association (``FEVS'').

15. Institut National des Appellations d'Origine, a French

organization concerned with recognition of controlled appellations

of origin (``INAO'').

16. American Vintners Association, a trade association

representing bonded wineries (``AVA'').

17. National Association of Beverage Importers, a trade

association representing importers of alcoholic beverages

(``NABI'').

18. Wine Institute, a trade association representing California

wineries.

19. Washington Wine Commission, a trade association representing

Washington wineries and winegrape growers.

20. Oregon Winegrower's Association, a trade association

representing Oregon winegrape growers.

21. California Association of Winegrape Growers, a trade

association representing California winegrape growers.

22. Richard Mansfield, Umpqua Valley Chapter, Oregon Winegrowers

Association, a trade association.

23. The U.S. Small Business Administration, Washington, DC.

24. Chicago Wine School, Chicago, IL.

25. Raymond Kelly, a consumer, Alexandria, Virginia.

26. H. Sichel Sohne, Inc., a wine import company.

27. Eagle Ridge Winery, a California winery.

28. Lockwood, a California wine producer.

29. Mt. Palomar Winery, a California winery.

30. Cain Cellars, a California winery.

31. Wine World Estates, owner of four California wineries.

32. Stimson Lane Wine & Spirits, Ltd., owner of wineries in

Washington State and California (``Stimson Lane'').

33. Daniel Gehrs Wines, a California wine producer (``Gehrs'').

34. Millbrook Winery, a New York winery.

35. Robert Mondavi Winery, a California winery (``Mondavi'').

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36. Long Vineyards, a California wine producer.

37. Martin Brothers Winery, a California winery.

38. Amity Vineyards, an Oregon winery.

39. Guenoc Winery, a California winery.

40. Brown-Forman Corporation, a wine and distilled spirits

producer and importer (``Brown-Forman'').

41. Heublein Inc., a wine and distilled spirits producer and

importer.

42. General Vineyard Services, a California winegrape grower.

43. San Lucas Vineyards, a California winegrape grower.

Organizations and References

A. Winegrape Varietal Names Advisory Committee (``Committee'').

B. Foundation Plant Materials Service (``FPMS''), a service of

the University of California at Davis which lists registered grape

selections. The November 1, 1993, California Grape Register is used

as reference.

C. A Practical Ampelography, Grapevine Identification, by Pierre

Galet, c. 1979, Cornell University Press (``Galet'').

D. Vines, Grapes and Wines, by Jancis Robinson, c. 1986, Alfred

A. Knopf (``Robinson'').

General Comments to Notice No. 749

Sixteen respondents specifically stated their support for the

proposals made in Notice No. 749. Other respondents commented on

specific proposals by requesting changes to particular aspects of the

proposals. No respondents generally opposed the proposed regulations.

NABI stated their support of ATF's intentions to prevent consumer

confusion by reducing the number of synonyms for grape varieties

currently used in labeling American wines. The EC likewise concurred

with ATF's decision to standardize wine grape names and to eliminate

incorrect or misnamed varieties. The Embassy of France expressed their

support of ATF's objective to prevent confusion or misunderstanding for

consumers by reducing the number of synonyms for grape variety names,

and for requiring the accurate use of those names. NABI favored ATF's

stated goal that grape variety names used by domestic wineries be

truthful, accurate, and not misleading.

Wine Institute supported ATF's attempt to issue regulations which

strike a balance between ampelography (the study and classification of

grape vines), scientific terms, and consumer understanding. The Oregon

Winegrower's Association stated they were supportive of ATF's approach

to regulation of varietal names and acknowledged the problems of

regulating such names for the first time. Stimson Lane cited ATF's

concern for ampelographic accuracy and consumer awareness, while

Mondavi stated their overall support of improving labeling terminology

and preventing consumer deception and confusion.

Conclusion: Issuance of a Final Rule on Grape Variety Names

Based on the overall favorable comments to the proposals made in

Notice 749, ATF is issuing these final regulations on grape variety

names. These regulations are intended to provide specific and accurate

labeling of grape wines labeled with grape variety names. They are

intended to prevent consumer deception by eliminating misnamed grape

variety names, and by eliminating the use of many synonyms for prime

grape names. They are expected to aid in the identification of grape

wines by consumers and to make labels easier to understand through the

use of more meaningful labeling terms. Finally, ATF believes these

regulations will enable consumers to be better informed about wines and

the grape varieties used to produce them.

There are changes made in this final rule from the regulations

proposed in Notice No. 749 and from those first proposed in Notice No.

581. The changes are a result of comments made by respondents over a

lengthy period of time. These changes recognize certain marketing

realities, and take into consideration past and present recognition of

names used and known by consumers and industry. Following is a summary

of the proposals, written comments, and changes made as a result of

those comments.

Prime Names and Synonyms listed in Sec. 4.91

General

Notice No. 749 contained a list of prime grape names and synonyms

listed in alphabetical order in Sec. 4.91. Either the prime name or a

synonym listed could be used standing alone on a label as the

designation for a wine. ATF received many comments concerning the

listing of prime grape names in Sec. 4.91. Comments requesting that new

or additional names be added to the list are discussed under the ``New

grape variety names'' section of the preamble. Comments addressing the

use of synonyms for the prime names listed in Sec. 4.91 are discussed

below.

Melon/Muscadet

Three respondents requested that Muscadet be listed as a synonym

for the prime name Melon. A fourth respondent requested that the full

name ``Melon de Bourgogne'' be listed as the prime name for this grape

variety.

Daniel Gehrs Wines commented that California has many acres of

grapes historically identified as ``Pinot blanc.'' Wine made from these

grapes has been marketed as Pinot blanc wine. Gehrs noted that wine

produced from these grapes does not resemble wine made from Pinot blanc

grapes; thus, this wine receives poor consumer recognition due to

consumers' expectation of a white burgundy-type wine.

Recent ampelographic identification of these so-called Pinot blanc

grapes has revealed them to be the variety Melon. In the interest of

accurately identifying their wines, winemakers are now faced with the

task of marketing wine made from these so-called Pinot blanc grapes as

Melon wine. Gehrs, the Wine Institute, and General Vineyard Services

objected to using the variety name Melon to label a grape wine. They

noted that consumers are not familiar with the name Melon, and that

consumers do not associate this term with a grape wine; rather

consumers equate the word Melon with a fruit. These respondents

requested that Muscadet be listed as a synonym for Melon. They stated

that Melon is the grape of the Loire region used to produce Muscadet

wines and that millions of cases of Melon wine are sold each year under

the Muscadet designation. Thus, there would be better consumer

understanding of wine made with Melon grapes if it were labeled

Muscadet since consumers are familiar with the type of wine now labeled

Muscadet. Gehrs stated that Muscadet used as a variety name would

convey useful information to consumers about the style and taste of the

wine while Melon would not.

Furthermore, Gehrs noted that California wineries must redesignate

their existing ``Pinot blanc'' grapes, a process which will impose an

economic burden on producers. By authorizing Muscadet as a synonym for

Melon, it would be easier for them to phase out the name Pinot blanc

and switch to Muscadet. The Wine Institute noted that Muscadet is

unlike other similar-sounding designations such as Muscatel or

Muscadine, that Muscadet does not resemble these wines, and that

Muscadet is not likely to be sold under the same circumstances as these

other wines. Thus, consumer confusion among these names would be

minimal.

ATF finds that Galet uses the names Melon and Muscadet

interchangeably in his Practical Ampelography, and that other

ampelographic sources list them as synonyms. However, ATF can find no

evidence of use of the name Muscadet to designate wine made from this

grape in the United States. While its use might avoid some of the

problems inherent

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with a wine designated Melon, historical past usage does not support

the name Muscadet for domestic wines. Thus, ATF is not listing Muscadet

as a synonym for Melon in Sec. 4.91.

In their comment, Eagle Ridge Winery requested that the full name

``Melon de Bourgogne'' be listed as the prime name for this grape

variety. ATF finds that Melon de Bourgogne is the actual name of this

variety which reflects the origin of this grape in Burgundy. Although

modern wine labeling seldom incorporates the full name of this grape,

it is entirely accurate to use the full name. Furthermore, ATF believes

that consumers are less likely to associate a wine labeled as Melon de

Bourgogne with the fruit melon. Although this variety incorporates the

geographic place name ``Bourgogne,'' the required use of an appellation

of origin with a grape variety name would serve to dispel any erroneous

impression about the true origin of the wine which might otherwise

arise, provided the appellation of origin is in strict compliance with

the requirements of Sec. 4.34(b).

Thus, subject to the condition that the requirements of

Sec. 4.34(b) are strictly complied with, ATF is listing the name Melon

de Bourgogne as the prime name for this grape variety in the list of

prime names in Sec. 4.91. Melon is listed as a synonym which may also

be used for designating domestic wines.

Sauvignon Blanc/Fume Blanc

Fume blanc and Blanc Fume were both proposed as synonyms for

Sauvignon blanc in Notice No. 581. On the basis of written comments,

ATF concluded that Fume blanc was a valid synonym for Sauvignon blanc;

however, there was no support expressed for the name Blanc Fume.

Comments also indicated that ``Fume'' is a descriptive term meaning

smoky, and is used to describe the smoky or ``flinty'' flavor of

Sauvignon blanc wines produced in the Loire region and labeled with the

French appellation of origin ``Blanc Fume de Pouilly.''

Based on these comments, ATF proposed Fume blanc (but not Blanc

Fume) as a synonym for the prime name Sauvignon blanc in Notice No.

749. ATF also noted that Fume could be used as a descriptive term with

any grape variety name.

Three respondents favored listing Fume blanc as a synonym for

Sauvignon blanc. Wine World Estates, Mondavi, and the AVA favored it

because of the widespread use of Fume blanc and its recognition by

industry and consumers as a synonym for Sauvignon blanc. Based on these

favorable comments, ATF is listing Fume blanc as a synonym for the

prime name Sauvignon blanc in Sec. 4.91.

Each of these respondents requested that ATF prohibit the term

``Fume'' from being used with any other grape variety name. The AVA

stated that Fume blanc has gained wide consumer acceptance, but that

allowing ``Fume'' to be used with other grape varieties would lead to

unintended consumer confusion with Fume blanc. They stated this action

would hurt wineries that have invested time and money establishing

consumer recognition for Fume blanc. Mondavi concurred that permitting

``Fume'' to be used with other grape varieties would lead to consumer

confusion. They stated that Fume blanc must be viewed as a whole,

indivisible term meaning Sauvignon blanc. Mondavi cited its financial

commitment in building the success of Fume blanc wines, and stated that

introduction of other varieties labeled with the term ``Fume'' would

destroy the level of consumer recognition of the name Fume blanc and

impose significant financial harm on Mondavi and other wineries.

ATF agrees in part. ``Fume'' is a descriptive term which, through

industry use and consumer acceptance of the product, has acquired a

particular meaning. We agree that certain uses of the term Fume have

potential to be confusing to consumers. Specifically, we believe that

use of the term ``Fume'' in conjunction with another grape variety name

containing the term ``blanc,'' or with another grape variety name to

which the descriptive term ``blanc'' is being used, could be confusing

to consumers and possibly misleading. Thus, ATF will not approve any

certificates of label approval (COLA's) for a domestic wine (other than

``Fume blanc'') which contain both the terms ``Fume'' and ``blanc;''

e.g., COLA's will not be approved for a wine designated as ``Pinot

blanc Fume,'' ``Fume Seyval blanc,'' and so forth.

However, ATF is not convinced that the use of ``Fume'' in every

other instance would be misleading or confusing; e.g., wine designated

``Fume Chardonnay'' is unlikely to be confused with Sauvignon blanc or

Fume blanc. Thus, ATF will examine on a case by case basis any

application for a COLA which contains a grape variety name and the term

``Fume'' to see if the overall name is potentially misleading.

Zinfandel/Primitivo

Notice No. 749 proposed Zinfandel and Primitivo as separate grape

varieties in Sec. 4.91. Primitivo, an Italian grape, was added to the

list of prime names at the request of Cypress Valley Winery, a Texas

winery which requested the addition of ``Primitivo de Gioia'' to the

list. ATF proposed Primitivo rather than a name incorporating one of

the many clones or regional names for this grape in order not to

introduce foreign place names as part of a grape variety name used in

the United States.

Information available to ATF at the time Notice No. 749 was

published indicated that Primitivo and Zinfandel were separate grape

varieties rather than different names for the same grape although ATF

sought additional information on this issue. Five respondents commented

on the relationship between these two grape names.

Carol P. Meredith, of the Department of Viticulture and Enology at

the University of California at Davis, commented that DNA examination

of these two varieties showed them to have the identical

``fingerprint.'' This technique is currently being utilized as an aid

in identifying grapes since each grape variety reveals a unique DNA

``fingerprint.'' She commented that UC Davis research on Primitivo is

limited to two accessions of Primitivo grapes from Italy, and that

these may not represent the full range of Primitivo cultivars.

Furthermore, she commented that Primitivo may be a generic term which

actually includes more than one grape cultivar in Italy; i.e., the

Italian Primitivo may encompass grapes which are not identical to

Zinfandel.

Eagle Ridge Winery and William F. Doering both commented that

Primitivo and Zinfandel are the same variety but that Zinfandel is the

name used for this grape in California for more than 150 years.

Wine World Estates and the California Association of Winegrape

Growers commented that there is no conclusive evidence that Primitivo

and Zinfandel are the same grape. Wine World Estates further stated

that Primitivo is used in Europe to identify a number of grape

varieties and thus, a grape called Primitivo may not be identical to

Zinfandel. ATF notes that the FPMS lists Primitivo as a distinct grape

variety and not as a synonym for Zinfandel.

ATF concludes that the comments support listing Primitivo and

Zinfandel as separate grape varieties. Although it is possible that

Zinfandel may be identical to some Primitivo grapes, it appears that

the term Primitivo may represent other grape cultivars as well;

consequently, the two terms cannot be used interchangeably. Thus,

Primitivo and Zinfandel are listed as prime grape names in Sec. 4.91

and are not listed as synonyms for each other.

[[Page 526]]

Cabernet/Cabernet Sauvignon

ATF Ruling 74-25, 1974 ATF C.B. 48, permits the labeling of wine as

``Cabernet'' if 75 percent of its volume (51 percent prior to January

1, 1983) is derived from Cabernet Sauvignon grapes. This ruling was

intended to prevent consumer deception through the use of less

expensive grapes such as Ruby Cabernet in a wine labeled ``Cabernet.''

Notice No. 581 proposed to make this ruling obsolete which would

preclude the labeling of Cabernet Sauvignon or any other wine as

``Cabernet.'' Notice No. 749 proposed listing ``Cabernet'' as a synonym

for Cabernet Sauvignon.

Five respondents commented. World Wide Estates supported the

proposal to permit ``Cabernet'' to be used as a synonym for Cabernet

Sauvignon. The OIV noted that ``Cabernet'' does not correspond to the

actual grape variety name, and the name ``Cabernet'' is not specific as

to the actual grape variety it indicates.

Eagle Ridge Winery and Brown-Forman objected to listing

``Cabernet'' as a synonym. Eagle Ridge stated that other variety names

contain the word Cabernet and it is incorrect to assume that the label

term ``Cabernet'' by itself would not confuse consumers. Brown-Forman

commented that permitting ``Cabernet'' to stand only for Cabernet

Sauvignon is prejudicial to producers of other varieties such as

Cabernet Franc or Cabernet Pfeiffer. They stated that there is

absolutely no consumer confusion if each of the three Cabernet grapes

is labeled with its full name.

Cain Cellars commented that ATF has permitted the term ``Cabernet''

to include Cabernet Franc, but offered no evidence of such use. They

further suggested that this term should be permitted to refer to the

entire family of Cabernet varieties including Cabernet Sauvignon,

Cabernet Franc, Merlot, Malbec, and Petit Verdot. Accordingly,

``Cabernet'' would become a designation of varietal significance to

include any of these grape varieties.

ATF agrees with the respondents who oppose use of ``Cabernet'' as a

synonym for Cabernet Sauvignon. As noted by the OIV, ``Cabernet'' does

not correspond to an actual grape variety name, nor is this term

specific as to the grape variety to which it refers. While ``Cabernet''

has been used for some years to label Cabernet Sauvignon wines, other

``Cabernet'' grapes exist, and consumers could be confused as the

actual grape variety intended. Conversely, there can be no consumer

confusion as to the grape variety if the actual variety name appears on

the label.

In the interest of providing accurate grape variety identification,

ATF is not listing ``Cabernet'' as a synonym for Cabernet Sauvignon.

However, due to its past use, ATF is listing ``Cabernet'' as an

alternative name in Sec. 4.92(b) for use until January 1, 1999.

Concurrently, ATF Ruling 74-25 is declared obsolete as of the effective

date of this final rule.

Durif/Petite Sirah

These names were proposed as synonyms in Notice No. 749. Three

respondents commented on this proposal.

The OIV commented that the officially recognized OIV name for this

grape is Durif, and not Petite Sirah. Wine World Estates concurred with

the proposal to list ``Duriff'' as a synonym for Petite Sirah unless

evidence is presented to the contrary.

Carole P. Meredith, the University of California, Agricultural

Experiment Station at Davis, stated that the University's examination

of Petite Sirah and Durif holdings show their Petite Sirah vines to be

two or more different grape varieties. Furthermore, the Experimental

Station's recent DNA research shows that the grape called Petite Sirah

and the Durif grape have different DNA ``fingerprints,'' and are

therefore probably different cultivars rather than the same grape.

Consequently, ATF is listing both Durif and Petite Sirah as prime names

in Sec. 4.91 and not as synonyms. We will continue to seek evidence

regarding the true identity of the grape called Petite Sirah.

Thompson Seedless/Sultanina

This grape variety is one of two the Committee recognized as having

synonyms which could be equally accepted as the prime name.

Consequently ATF proposed the use of both names as prime names, with

either name permitted without qualification. In doing so, ATF noted

that neither name is commonly used in wine labeling although Thompson

Seedless is well known to consumers as a table grape.

Brown-Forman commented these names should not be used

interchangeably. They argued that Thompson Seedless is an inferior

grape which makes poor quality wine, and that use of the name Sultanina

would mislead consumers. The EC commented that Sultanina is used for

table grapes and raisins, but rarely used in wine production. They

argued that its use for designating wine would be misleading and that

ATF should phase out use of this name.

ATF finds few wines are designated with either name although this

grape has been extensively used in producing non-varietal wines and

blends. However, we note that the purpose of the list of grape names in

Sec. 4.91 is to provide accurate identification of grape varieties used

in producing wine. The listing of a grape name there does not denote

``quality''; it merely reflects recognition of the grape variety name.

Since ATF finds that both names are equally valid for this grape

variety, both Thompson Seedless and Sultanina are listed as prime grape

names and as synonyms.

Pinot Gris/Pinot Grigio

ATF proposed Pinot gris as a prime name in Sec. 4.91 and Rulander

as an alternative name in Sec. 4.91 be phased out by 1996. Pinot Grigio

was not proposed in either section.

Long Vineyards and Martin Brothers Winery both requested that Pinot

Grigio be listed as a synonym for Pinot gris. Long Vineyards stated

they are disadvantaged when selling their Pinot gris versus Italian

wines labeled as Pinot Grigio. Furthermore, they stated that due to

worldwide sales of the Italian wine, consumers are more familiar with

the varietal designation Pinot Grigio than they are with the name Pinot

gris or Rulander. Martin Brothers also cited the popularity of Italian

Pinot Grigio wines in requesting this name be made a synonym for Pinot

gris.

Based on the evidence that some United States wineries are labeling

their Pinot gris as Pinot Grigio, and the fact that this term has

gained consumer acceptance due to the large number of Italian Pinot

Grigio imported into the United States, ATF is listing Pinot Grigio as

a synonym for the prime name Pinot gris in Sec. 4.91. ATF notes that

this grape is known by many names throughout winegrowing regions of the

world, but that Pinot gris and Pinot Grigio appears to be the most

commonly used names for this grape in the United States.

Colombard/French Colombard

On the basis of strong support for continued use of the name French

Colombard, this name was proposed in Notice No. 749 as a synonym for

the prime name Colombard.

Three respondents commented on the use of French Colombard as a

synonym. Wine World Estates supported the proposal to list it as a

synonym. William F. Doering supported this proposal because of the

economic and marketing importance of French Colombard. Eagle Ridge

Winery commented that consumers would not be misled if the

[[Page 527]]

word ``French'' was deleted as part of the name.

Based on historical usage and consumer recognition of this term,

ATF is listing French Colombard as a synonym for the prime name

Colombard, provided that an appellation of origin appears in direct

conjunction with French Colombard, in strict compliance with the

requirement of Sec. 4.34(b).

Mourvedre/Mataro

ATF proposed the name Mourvedre as a synonym for Mataro due to use

of this name in labeling domestic wines. Wine World Estates supported

this proposal while EC commented that Mataro is a geographic name in

Spain and should be phased out in favor of Monstrell.

ATF finds that ampelographers such as Galet list Mataro and

Mourvedre as synonyms. It is difficult to establish one prime name

since these different names reflect the Spanish and the French name for

this grape. However, ATF finds that Mourvedre enjoys greater use in

labeling wine in the United States. For this reason, ATF is listing

Mourvedre as the prime name in Sec. 4.91. As stated in Notice No. 749,

ATF does not believe there is any reason to deny use of a grape variety

name to United States winemakers simply because that name bears a

resemblance to a foreign name of geographic significance. Thus, Mataro

is retained as a synonym for the grape variety Mourvedre in Sec. 4.91,

provided that when Mataro is used to indicate the grape variety, an

appellation of origin appears in direct conjunction with Mataro in

strict compliance with the requirements of Sec. 4.34(b).

Cynthiana/Norton

Bruce Reisch, Cornell University Department of Horticultural

Science at Geneva, submitted evidence that these grapes are the same

variety. Reisch indicated that his examination of cultivars of

Cynthiana and Norton vines, taken from wineries and nursery stock in

Arkansas and Missouri, revealed them to be identical based on isozyme

and ampelographic characteristics. He further stated that these grapes

are of Vitis aestivalis ancestry, but that vines were introduced using

different names in Virginia and Arkansas in the last century. Reisch

also cited an 1891 report to the Missouri State Horticultural Society

indicating that these varieties were actually the same grape. ATF notes

that horticulturists have debated this question for more than a

century.

Based on Reisch's comment and the evidence contained in the isozyme

of these two cultivars, ATF concludes that they are indeed the same

grape variety. Consequently, ATF is listing them as synonyms in the

list of prime grape names in Sec. 4.91. Due to the long-standing use of

both names, their consumer recognition, and the impossible task of

ascribing ``one prime name'' to this grape, each name is listed

alphabetically in this section with the other name following in

parentheses as a synonym.

ATF notes that other synonyms exist for this grape variety and that

Norton Seedling and Virginia Seedling are listed as alternative names

for Norton in Sec. 4.92.

Vignoles/Ravat 51

ATF proposed Vignoles as a synonym for the prime name Ravat 51 in

Notice No. 749. Bruce Reisch, Cornell University Department of

Horticultural Science at Geneva, and William F. Doering supported this

proposal, and it is adopted.

ATF notes that Ravat 51 is the prime name for this grape but that

other numbered Ravat hybrids exist. Consequently, ATF will not approve

labels showing only ``Ravat'' as the grape variety; labels must specify

the Ravat hybrid number or use an approved synonym.

Campbell Early/Island Belle

Island Belle was proposed as an alternative grape name to be phased

out by 1996 in favor of the prime name Campbell Early. While no

comments were submitted regarding the use of either name, ATF has

received additional information concerning this grape. The Island Belle

grape was developed about 1898 by Adam Eckert in western Washington

State. This grape is believed to be either a clone of Campbell Early or

a hybrid derived from a Concord. The Island Belle grape is currently

used in winemaking in Washington State and the wine enjoys a degree of

consumer recognition.

Due to the current use of the name Island Belle in winemaking, and

the fact that the true identity of this grape is uncertain, ATF is

retaining the name by listing Island Belle as a synonym for the prime

name Campbell Early in Sec. 4.91. ATF would take action to list Island

Belle as a prime name in this section should future research indicate

that it is a distinct variety rather than a clone of Campbell Early.

Valdepenas and Tempranillo

Valdepenas was proposed as a prime name in Sec. 4.91. While there

were no comments addressed to this name in response to Notice No. 749,

ATF has received information indicating that this grape is the

Tempranillo, a Vitis vinifera native to Spain and used in producing

Rioja wines. While well known and cultivated in Spain, Portugal,

France, and Argentina as Tempranillo, this grape is known as Valdepenas

only in California. ATF notes that the FAMS listing of registered grape

selections shows Tempranillo as a synonym for Valdepenas.

In the interest of correctly identifying grape varieties, ATF is

listing Tempranillo as the prime name of this grape variety in

Sec. 4.91. Valdepenas is listed as a synonym for Tempranillo in this

section. ATF will give future consideration to phasing out the name

Valdepenas.

Miscellaneous Synonyms

Lemberger was proposed as an alternative spelling for Limberger in

proposed Sec. 4.91. William F. Doering noted that the name Lemberger

has long-recognized viticultural and commercial usage, and he concurred

with the proposal to list it as a spelling variation for the prime name

Limberger. Because of its commercial use in the United States, ATF is

listing Lemberger as a synonym for the prime grape name Limberger.

Eagle Ridge Winery commented that Green Hungarian is actually

Sylvaner, and that the term Green Hungarian is not used except by a few

domestic producers. No evidence was submitted in support of this

comment.

While the origin or identification of Green Hungarian remains

uncertain, ATF has no information which supports Eagle Ridge Winery's

comment that Green Hungarian is actually Sylvaner; therefore, this

comment is not adopted.

The OIV commented that several prime names in Sec. 4.91 are not the

official OIV names. Names identified by the OIV include Black Malvoisie

which they list as Cinsaut, Burger which they list as Monbadon, and

Charbono which they list as Corbeau.

ATF acknowledges that although these grapes are known by the names

suggested by the OIV, the names proposed in Sec. 4.91 are more commonly

employed in winemaking in the United States. Therefore, ATF is not

changing these names as requested. In the case of Black Malvoisie and

Cinsaut, both are listed in Sec. 4.91, with Cinsaut listed as the prime

name and Black Malvoisie as a synonym.

Wine World Estates commented favorably on the proposed listing of

Gewurztraminer and Traminer as separate prime names in Sec. 4.91. Eagle

Ridge Winery commented that Gewurztraminer is a spicy version of

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Traminer and that only Gewurztraminer should be listed.

Evidence is mixed on whether Gewurztraminer and Traminer are

distinct grape varieties. The FPMS lists them as separate registered

grape selections while the OIV lists these names as synonyms. Because

the evidence is inconclusive, ATF is listing each as a prime name in

Sec. 4.91 and not as synonyms for the same grape.

Eagle Ridge Winery commented that Kleinberger is actually Ebling

and is known by that name in Germany. ATF concurs with this comment but

finds that this grape is well known by the name Kleinberger as well as

by other synonyms. In view of the limited use of the name Ebling in the

United States, ATF is not authorizing it as a synonym for this

Kleinberger.

Orther Synonyms

ATF received no comments regarding the following prime names and

synonyms proposed in Sec. 4.91: Muscat Hamburg/Black Muscat; Meunier/

Pinot Meunier; Rkatziteli/Rkatsiteli; Seyval/Seyval blanc; Shiraz/

Syrah; Ugni blanc/Trebbiano. Therefore, these names are adopted as

prime names and synonyms.

Prime Names and Synonyms

ATF has reorganized Sec. 4.91 by listing only one prime name for

each grape variety. ATF has drawn the distinction between prime names

and synonyms primarily on the basis of the final Committee report but

with some exceptions Synonyms and authorized spelling variants appear

in parentheses following the prime name, but have no separate

alphabetical listing except in the case of Thompson Seedless and

Sultanina, and Cynthiana and Norton. In the Case of the Riesling grape,

Riesling is listed as the prime name and White Riesling appears as a

synonym. Synonyms and spelling variants may be used, standing alone, as

the designation of a wine.

Alternative Names for Grape Varieties, Sec. 4.92

Background

The final Committee report acknowledged that many grape varieties

are known by more than one name, some by several names. As part of its

deliberations, the Committee selected a preferred ``prime name'' for

each variety and considered alternative names and synonyms. It then

recommended two lists of alternatives names. The first contained

synonyms which, if used on a label, would be required to appear in

direct conjunction with the prime name. These alternative names

referred to some older European grape varieties which were known by

local or regional names, and which have received a degree of consumer

acceptance. The Committee noted that these alternative names, due to

regulatory precedent and commercial history, should be the exception to

the general finding that, whenever possible, synonyms should be

eliminated in the shortest practical time. No time period was given for

phasing out these synonyms.

The Committee report also noted that some grape varieties are

misnamed or incorrectly identified, but that these names have received

a degree of consumer acceptance. In order to prevent economic hardship

to growers and winemakers, the Committee recommended these names be

phased out over a five-year period. This second list contained 52

alternative names.

Notice No. 581

ATF proposed two lists of alternative grape variety names, one

containing names to be used only in conjunction with the prime name and

one containing names to be phased out at a future date. Respondents

submitted many written comments on this issue, and as a result, ATF

modified this proposal.

Notice No. 749

In this notice ATF proposed only one list of alternative names. ATF

proposed phasing out these 54 names, appearing at Sec. 4.92, as of

January 1, 1996. Other names were removed from the list of alternative

names and proposed as synonyms to prime names in Sec. 4.91; i.e., they

could stand alone on a label as a designation and would not be phased

out in the future.

General Comments on Alternative Names

ATF received only three comments addressing the issue of permitting

alternative names. William F. Doering concurred with the proposal for a

single list of alternative names to be phased out in the future. Wine

World Estates agreed with the concept to phase out these alternative

names over time, but due to the economic consequences, stated that the

proposed date of January 1, 1996, did not allow a long enough

transition period.

NABI opposed the proposal. They supported the Committee

recommendation to eliminate synonyms in labeling and to use only the

prime name as a designation. NABI stated that permitting alternative

names would lead to consumer confusion due to the large number of

synonyms and alternative names, and would be contrary to ATF's intent

to standardize grape variety names. NABI favored the original proposal

to permit alternative names to be used only in conjunction with the

prime name on the label, and favored phasing out these alternative

names after a period of time.

We are adopting the list of alternative names proposed at Sec.

4.92. While ATF wishes to reduce the number of alternative names and

synonyms, we find it is impossible to phase out use of these names

immediately. Many of them have been used for decades in labeling wines

and consumers are familiar with them. Wineries have large investments

in labels, packaging material, and advertising which utilize these

names. Wineries also have substantial ``goodwill'' associated with some

of these variety names.

With respect to Wine World Estate's comment that the January 1,

1996, date is too short a transition period, ATF notes that it first

proposed phasing out most of these names in Notice No 581, published in

1986. That proposal would have terminated use of most of these names

within five years. We believe that the wine industry has been given

ample notice that these names would be phased out. However, because of

the delay in publishing this final rule, ATF is adopting January 1,

1997 as the termination date for all names proposed for inclusion in

Sec. 4.92(a) by Notice No. 749.

In this final rule, ATF is adding new names to the list of

alternative names. In order to provide an adequate transition period

for phasing out these new names, ATF is permitting their use until

January 1, 1999.

Specific Comments on Alternative Names

Several respondents commented that specific alternative names be

made synonyms for prime grape names in order to prevent them from being

phased out.

Gutedel

Gutedel was proposed as an alternative name for Chasselas Dore.

Eagle Ridge Winery commented that Gutedel is the correct name in its

homeland of Germany, that Chasselas Dore is not as commonly used, and

requested that Gutedel be listed as a synonym in Sec. 4.91.

According to the OIV listing of grape variety names, Gutedel is the

name commonly used in Germany and Switzerland, while Chasselas Dore is

listed as the primary name in Canada, Chile, France, Romania, and Italy

(Chasselas Dorato). The FPMS lists Chasselas Dore but not Gutedel as a

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registered grape selection, while the State of Oregon authorizes

Chasselas Dore as the only varietal designation for wine made from this

grape.

Based on this evidence, ATF finds that the name Chasselas Dore is

more commonly used in the United States. Thus, ATF is not adopting this

comment to list Gutedel as a synonym for Chasselas Dore. Gutedel

remains listed in Sec. 4.92(a) as an alternative name to be phased out

by January 1, 1997.

Pineau de la Loire

This name was proposed as an alternative name for Chenin blanc.

Three respondents, the Embassy of France, Brown-Forman and Wine World

Estates, supported this proposal citing the fact that a grape should

not contain a ``Pinot'' or ``Pineau'' designation unless it is a true

Pinot grape. Since Chenin blanc is not a true Pinot grape, ATF is

continuing to list Pineau de la Loire as an alternative name in

Sec. 4.92(a) to be phased out as of January 1, 1997.

Pinot Chardonnay

This name was proposed as an alternative name for Chardonnay.

William F. Doering and Wine World Estates both supported this proposal

because this grape is not a true Pinot grape. ATF continues to list

Pinot Chardonnay as an alternative name in Sec. 4.92(a) to be phased

out by January 1, 1997.

Muscadelle

Notice No. 749 listed Muscadelle as an alternative name for the

prime grape name Sauvignon vert. In their comment, the OIV noted that

the official OIV recognized name for this grape is Muscadelle. Wine

Institute commented that California uses Muscadelle as the prime name

for this grape in its annual grape crush report.

The FPMS lists both Sauvignon vert and Muscadelle (du Bordelais) as

registered grape selections while Oregon only permits Muscadelle to be

used for varietal labeling of this wine. Furthermore, examination of

wine literature indicates that the grape which is called Sauvignon vert

in California is actually the Muscadelle grape.

Based on this evidence and the comments received on this issue, ATF

is listing Muscadelle as the prime name for this grape in Sec. 4.91.

Concurrently, we are removing Sauvignon vert from that list and

according it alternative name status. It is added to the new listing of

names in Sec. 4.92(b) which may be used until January 1, 1999.

Refosco

Refosco was proposed as an alternative name for Mondeuse. Four

respondents requested that Refosco be made the prime name of this

grape. Lockwood, a California company which produces a varietal Refosco

wine, stated that this wine is nationally recognized as Refosco, and

that to eliminate this name would cause them economic hardship. Wine

Institute noted that the California grape crush report uses Refosco and

Mondeuse as synonyms. They further stated that several wineries are

releasing a varietal Refosco wine and that consumers understand this

term. San Lucas Vineyards stated they have sold Refosco grapes for

years to several wineries. They also cited Refosco as a more pleasant

and marketable name than Mondeuse. Wine World Estates noted that the

FPMS lists Refosco rather than Mondeuse as the name of their registered

grape selections.

The difference between these names is attributable to place of

cultivation, with Refosco being the Italian name and Mondeuse being the

French name for this grape. ATF finds no prejudice toward use of either

name, and both have received a degree of consumer recognition in the

United States. ATF is, therefore, adopting these comments by listing

Refosco as a synonym for Mondeuse in Sec. 4.91.

Other Alternative Names

Other names proposed in Sec. 4.92 are retained as alternative names

except as noted above. Names appearing at Sec. 4.92(a) may be used for

wine designations until January 1, 1997. See also the preamble

discussion of names similar to appellations of origin for comments on

Saint Emilion, and the preamble section entitled ``Riesling issues''

for a discussion of Franken Riesling.

Riesling Issues

Background

The final report of the Winegrape Varietal Names Advisory Committee

focused extensively on Riesling issues. It noted that Johannisberg

Riesling has long been recognized as an American term in order to

distinguish the White Riesling from other grape varieties which are not

true Rieslings. The Committee recommended that White Riesling and

Johannisberg Riesling be permitted as equal synonyms for this grape.

Furthermore, it recommended that the term Riesling not be permitted to

stand alone as the name of an American grape variety, but gave no

explanation for this position. The final Committee report made

recommendations regarding the use of other grape variety names which

incorporate the term Riesling.

Riesling as a Prime Name

ATF proposed White Riesling and Johannisberg Riesling as prime

names in Notice Nos. 581 and 749, but did not propose to permit use of

the name Riesling. Notice No. 749 stated that this proposal was

intended to create a clear distinction between those grapes which in

the past were labeled as ``Riesling'' but which were not the true

Riesling grape and the true White Riseling grape. Accordingly, the term

``Riesling'' would no longer be used to label grapes made from Emerald

Riesling or other so-called Riesling grapes.

ATF received comments from 19 respondents regarding Riesling

issues. Sixteen of them favored permitting the term ``Riesling'' (with

or without synonyms) as a prime name, or as a type designation of

varietal significance.

Thirteen respondents stated that Riesling is the true name of this

grape, and that ATF should not prohibit American winemakers from using

it to label their wines. Respondents supported this position by stating

that it is unacceptable for the United States to deny American

winemakers use of the accepted world-wide name for the Riesling grape

and cited the fact that German wines are labeled simply Riesling. The

Federal Republic of Germany commented that consumers would be confused

or misled if other names are used to designate a Riesling wine. The

Oregon Winegrowers Association commented that without use of the term

Riesling, U.S. winemakers would be at a competitive disadvantage

against German wines. Amity Vineyards stated that consumers might think

that German Riesling is a wine different from an American Riesling. The

increasing acceptance of American wines in the international wine

community was cited by H. Sichel Sohne as an important reason to allow

the designation Riesling to be used on American wines.

The Washington Wine Commission stated that consumers identify

strongly with the Riesling name and that wineries have worked hard to

cultivate a positive image for Riesling among consumers. Moreover, the

prohibition of Riesling as a prime name would exclude the ability to

market a ``Dry Riesling'' or ``Blush Riesling'' wine, a position also

endorsed by Stimson Lane, and by the Oregon Winegrowers Association.

This association cited Oregon law which prohibits use of Johannisberg

Riesling on a wine label, thus requiring Oregon wineries to market

either a Riesling or

[[Page 530]]

White Riesling wine. They stated that denial of the ability to market a

Riesling wine would cause Oregon wineries severe economic hardship.

Other respondents favoring listing Riesling as a prime name included

the EC, the OIV, the DW, NABI, the AVA, Eagle Ridge Winery, and Umpqua

Valley Chapter, Oregon Winegrowers Association.

Three respondents including Wine Institute, Heublein, and Wine

World Estates favored listing Riesling in Sec. 4.28 as a type

designation of varietal significance rather than as a grape variety

name. According to Wine Institute, ATF has permitted winemakers to use

the term ``Riesling'' to designate a wine which derives 75 percent of

its volume from any combination of White Riesling or Emerald Riesling

grapes. They stated that consumers have come to associate the term

Riesling as a descriptive term used by a specific producer rather than

as a specific varietal designation. Thus, Wine Institute argued that

Riesling should be a general term which shows merely use of various

Riesling grapes rather than designating the White Riesling grape. They

further commented that to eliminate this practice would require

wineries to label wines with the actual percentage of various grape

varieties, action which would be costly and would confuse consumers.

Wine World Estates and Heublein supported making Riesling a type

designation of varietal significance, similar to the proposed

designations for Muscatel, Muscadine, and Scuppernong.

Brown-Forman supported the proposal to list White Riesling and

Johannisberg Riesling as prime names, and to prohibit the term

``Riesling'' from standing alone. The Verband Deutscher Weinexporteure

and the Deutscher Weinbauverband commented that White Riesling should

be the only designation for American Riesling wine, and that Riesling

should not be used as a prime name for American wines.

Conclusion

All comments clearly indicate that the worldwide name for this

grape is Riesling. ATF particularly notes two quotations from the

Statement of Principles in the Committee report: ``Accuracy has been

the Committee's primary objective'' and ``the key question has in every

case been `What is correct?' '' On the basis of all evidence, ATF finds

no valid reason to exclude Riesling from the list of prime names in

Sec. 4.91.

ATF rejects the position advanced by three respondents to make

Riesling a type designation of varietal significance, and thus permit

its use for designating wines composed of a number of so-called

Riesling grapes. This would be a misleading use of the name since

Riesling is accepted world-wide, as well as within the United States,

as representing a specific, identified grape variety. Due to the

enormous preponderance of wines labeled Riesling and made from the

White Riesling grape, ATF believes it would be deceptive to permit

wines made from Emerald Riesling, Grey Riesling, or other so-called

Riesling grapes to be labeled simply ``Riesling.'' Thus, ATF is not

adopting the comment to list Riesling as a type designation of varietal

significance, and is instead listing Riesling as a grape variety name.

Riesling is added to the list of prime grape names in Sec. 4.91. As

of the effective date of this final rule, any American wine labeled

``Riesling'' must be made from a minimum of 75 percent Riesling (White

Riesling) grapes. Wines now made from Emerald Riesling or other so-

called Riesling grapes will need to be relabeled to show the actual

grape varieties used.

Discussion of White Riesling and Johannisberg Riesling

The Winegrape Varietal Names Advisory Committee recognized White

Riesling (the literal translation of ``Weisser Riesling,'' the

botanical name of the grape) as the prime grape name. The Committee

also recommended listing Johannisberg Riesling as a synonym since they

found this name had been in use for many years in the United States,

and that it was used to distinguish the White Riesling grape from other

so-called Riesling grapes. Many comments addressed the listing of both

names in Sec. 4.91.

Many respondents objected to permitting ``Johannisberg Riesling''

as a synonym for the Riesling grape. Respondents stated that

``Johannisberg'' is a geographic term and a registered trademark; thus,

under German law, only wine from Schloss Johannisberg in Germany is

entitled to the designation Johannisberg Riesling.

ATF received fewer comments addressed to use of White Riesling as a

synonym. The DW commented that while this is the scientific term, White

Riesling is never used to label German wines. The Oregon Winegrowers

Association commented in favor of allowing Riesling as the prime name,

but noted that the State of Oregon permits either Riesling or White

Riesling to be used in labeling.

The Verband Deutscher Weinexporteure and the Deutscher

Weinbauverband favored authorizing White Riesling as the only

designation for American Riesling wine. H. Sichel Sohne favored

retaining White Riesling as an alternative name. NABI supported

Riesling as the prime name but favored permitting White Riesling as an

alternative. Brown-Forman supported the proposal to list White Riesling

and Johannisberg Riesling as prime names, and to prohibit the term

Riesling from standing alone. Wine World Estates commented in favor of

permitting both White Riesling and Johannisberg Riesling as synonyms.

Conclusion

ATF finds the term White Riesling is well known to consumers. This

term is used internationally as a designation for this wine. White

Riesling is also the botanical name of this grape (a translation of

``Weisser Riesling''). ATF is, therefore, listing White Riesling as a

synonym for Riesling in Sec. 4.91.

Although the term Johannisberg Riesling has long been used in the

United States to distinguish true [White] Riesling wine from wine made

with other so-called Riesling grapes, the evidence is clear that

Johannisberg Riesling is not the correct name of this grape variety.

Moreover, as noted by several respondents, ``Johannisberg'' is a German

geographic term, and the name of a specific winegrowing region within

Germany.

Since this final rule authorizes use of the name Riesling, standing

by itself, as the prime name for wine made from this grape, ATF finds

that there is no longer the necessity to distinguish wine made from the

true Riesling grape by use of the term ``Johannisberg Riesling.'' Based

on this fact, and in the interest of implementing the Committee's

charter to provide accurate and correct grape variety names, ATF has

concluded that the name Johannisberg Riesling should no longer be

permitted as a grape variety designation. Accordingly, Johannisberg

Riesling is removed as a synonym for Riesling in Sec. 4.92 and made an

alternative name. Owing to its current use and the necessity to prepare

new packaging and marketing materials, Johannisberg Riesling is listed

in Sec. 4.92(b) which permits its use in labeling wines prior to

January 1, 1999.

Other Riesling Names

Several other grape variety names contain the word ``Riesling,''

but are not the true Riesling grape. Grey Riesling, Emerald Riesling,

Missouri Riesling, and Walschriesling (and synonym Welschriesling) were

proposed as prime names in Notice Nos. 581 and 749.

[[Page 531]]

General Comments

Fourteen respondents favored the removal of these Riesling names

from the list of prime names. The consensus was that none of these

grape varieties are the true Riesling grape, and that any use of a

Riesling name to identify non-Riesling grapes is misleading and

confuses the public. The Oregon Winegrowers Association noted that

United States wineries' varietal labeling of these misnamed

``Riesling'' varieties is declining. All of these respondents requested

that ATF take action to phase out the use of Grey Riesling, Emerald

Riesling, Missouri Riesling, and Walschriesling over a period of time.

Grey Riesling/Trousseau Gris

The final Committee report stated that the Grey Riesling grape had

not been conclusively identified but that it was not a true Riesling.

It recommended that ATF replace the incorrect name Grey Riesling with

the correct grape variety name when positive ampelographic

identification of this grape was made. Grey Riesling was proposed as

the prime name in Notice No. 581 since no definitive identification of

this grape had been made. However, when Notice No. 749 was published in

September 1992, this grape had been identified as Trousseau gris which

was proposed as a synonym for Grey Riesling.

The Federal Republic of Germany comment confirmed this

ampelographic finding. Their comment stated that findings of the German

Federal Institute for Cultivation Research in Vintage Culture and

Horticulture, Institute for Grapevine Breeding Geilweilerhof, supports

the recent ampelographic study showing Grey Riesling to be the variety

Trousseau gris.

Twelve respondents commented that ATF should phase out the name

Grey Riesling in favor of the correct name Trousseau gris. Respondents

included both European and international interests, one Committee

member, and American wineries and grape growers. Only one respondent,

Wine World Estates, commented in favor of retaining Grey Riesling as a

prime name, although as a synonym for Trousseau gris. ATF notes that

five respondents favored retaining Grey Riesling as a prime name in

their comments to Notice No. 581, prior to positive identification of

the grape. Reasons advanced at that time included the fact that this

variety had been grown in California for over 100 years and had

received wide public acceptance as Grey Riesling. Other respondents

noted that the name Grey Riesling was preferable to an unknown European

grape variety name with no consumer recognition.

ATF finds the evidence for removal of Grey Riesling from the list

of prime names to be very strong. This grape is not related to the

Riesling, but has been positively identified as Trousseau gris. The

FPMS lists ``Trousseau'' as a synonym for Grey Riesling. Moreover, as

noted by the Oregon Winegrowers Association, the use of the name Grey

Riesling for labeling varietal wines is declining. ATF is, therefore,

removing Grey Riesling from the list of prime names in Sec. 4.91, and

is listing Trousseau gris as the prime grape name. In order to give

American wineries sufficient time to make the name change to Trousseau

gris, ATF is listing Grey Riesling as an alternative name in

Sec. 4.92(b) which may be used until January 1, 1999.

Missouri Riesling

This grape has been cultivated in the United States for over a

century, always as Missouri Riesling. It is not a Riesling, but is a

native American grape, probably a cross of Vitis ripara and Vitis

labrusca. Historical evidence indicates this grape was developed by

Nicholas Grein in Hermann, Missouri in 1870. Due to the lack of any

alternative name, the Committee report recommended Missouri Riesling be

included in the list of prime names. It was proposed as a prime name in

Notice Nos. 581 and 749.

ATF received eight comments addressing Missouri Riesling. All

respondents requested that since it is not a true Riesling, and because

it contains a place name, ATF remove it from the list of prime grape

names. Respondents suggested that the name be replaced either with

``Grein'' or ``Grein Grape'' in honor of Nicholas Grein who developed

the grape, or with ``Missouri Grape,'' and that Missouri Riesling be

listed as an alternative name for a short period of time.

ATF acknowledges that the Missouri Riesling is not a true Riesling

grape. Nevertheless, it has been used as a wine designation for a long

period of time. Since there is no evidence which indicates that this

grape has any other known name, ATF is retaining the prime name

Missouri Riesling in Sec. 4.91.

Emerald Riesling

The Committee report noted that this grape is widely planted, but

that it is a crossbred variety and not the true Riesling grape. In the

absence of an accepted alternative name, the Committee recommended its

continued use as a prime name. Emerald Riesling was proposed as a prime

name in Notice Nos. 581 and 749.

This grape was developed by Professor H. P. Olmo at the University

of California, Davis in 1948, and is identified as ``Emerald Riesling

(Olmo 1948).'' It is a cross between the Riesling grape and Muscadelle

(Sauvignon vert).

Eight respondents commented on this proposal. Seven noted that

Emerald Riesling is not a true Riesling grape and this name should be

listed as an alternative name and phased out in the future. These

respondents suggested that this grape be named ``Olmo'' in honor of its

developer, ``Emerald'' or ``Emerald Grape,'' or be given a new

commercial name. Wine World Estates supported retaining Emerald

Riesling as a prime grape name.

ATF is listing Emerald Riesling as a prime grape name for two

reasons. First, there is no other known name which has been used; it is

known to industry and consumers only as Emerald Riesling. ATF also

retains this name because, unlike other misnamed Riesling varieties,

this grape is directly related to the Riesling. Thus, ATF is listing

Emerald Riesling as a prime name for this grape in Sec. 4.91.

Walschriesling and Welschriesling

On the basis of the final Committee report, both names were

proposed as prime names and synonyms in Notices Nos. 581 and 749.

Nine respondents commented on this. Eight agreed that this grape is

not a true Riesling, and that the prime name should be changed. The

German Federal Republic noted that the naming of this grape is

primarily a European problem since it is widely cultivated in

Southeastern Europe under various names including ``Laski Rizling,''

``Olasz Rizling,'' ``Rakusky Rizling,'' and ``Rizling Vlassky.'' One

respondent suggested that the name should be standardized as

Welschriesling while five others suggested using the European name

Welsch Rizling.

ATF is not aware that this grape has been used in the United States

to make a varietal wine designated as Walschriesling or Welschriesling;

thus consumers are unfamiliar with either name. ATF is thus adopting

the suggestion to use the name for this grape commonly used in Europe,

Welsch Rizling. We believe this action will help avoid consumer

confusion since consumers will be unlikely to confuse wine labeled

Welsch Rizling with wine made from the White Riesling grape.

Thus, ATF is listing Welsch Rizling as a prime name in Sec. 4.91.

Walschriesling and Welschriesling are listed in Sec. 4.92(a) as

alternative names to be phased out by January 1, 1997. This short phase

out

[[Page 532]]

period is provided due to lack of use of either name at the present

time.

Other Riesling Names

The final Committee report noted that a few other grape varieties

include the name Riesling. Since none of these are the true Riesling

grape, it recommended these other names be eliminated, and specified

Okanagon Riesling and Siegfried Riesling as misleading names for grapes

which are not Rieslings. ATF notes that Siegfried Riesling was released

in 1958 under the name Siegfried which is included in the list of prime

grape names. We are not aware of any other name by which Okanagon

Riesling has been called.

ATF did not propose Okanagon Riesling, Siegfried Riesling, or any

other grape variety names which includes the term ``Riesling'' as a

prime grape name in Notice Nos. 581 or 749. Franken Riesling was

proposed as an alternative name for Sylvaner, to be phased out by

January 1, 1997.

Twelve respondents commented on the use of other so-called Riesling

names. These respondents unanimously supported excluding any other

Riesling grape names from the list of prime names in Sec. 4.91, and

supported ATF's proposal to phase out Franken Riesling in favor of

Sylvaner by January 1, 1997. These proposals are adopted.

Gamay Issues

Napa Gamay

This grape has a long history of cultivation in California but its

origin is unclear. During the 1960's, the University of California at

Davis determined that this grape was the French Gamay grape (Gamay

noir). More recent ampelographic studies have disclosed that the grape

called Napa Gamay grape is not related to the French Gamay.

The Committee report recommended that Napa Gamay be proposed as an

alternative name to be phased out when the grape's true identity was

established. Notice No. 581 proposed Napa Gamay as a prime grape name,

but noted that work was underway to establish its true identity. Recent

ampelographic study has identified this grape as Valdiguie, a French

grape. Due to the long-standing use of the name, ATF proposed Napa

Gamay as a synonym for Valdiguie in Notice No. 749. ATF solicited

comments on whether Napa Gamay should be retained as a synonym for

Valdiguie, or whether the name Napa Gamay should be phased out in the

future.

Respondents submitted mixed comments on this issue. Wine World

Estates and the California Association of Winegrape Growers commented

that Napa Gamay should be retained as a synonym for Valdiguie due to

its historical use and consumer recognition. The Embassy of France and

the INAO favored the phase out of Napa Gamay as a prime name in favor

of the correct name Valdiguie. The OIV commented in favor of phasing

out the term Napa Gamay in order to remove a geographic term from a

grape variety name. Amity Vineyards pointed out that the Napa Gamay

grape is unrelated to Gamay noir, and thus, ``imposters'' gain a

marketing advantage over persons selling true varietal Gamay noir wine.

Based on the comments and the recent identification of this grape

variety, ATF has decided to phase out the name Napa Gamay. ATF finds

that Napa Gamay is seldom used for labeling a varietal wine; more often

it is used in producing Gamay Beaujolais and other non-varietal wines.

Moreover, it is not a Gamay grape; thus any use of the name ``Gamay''

for this grape is incorrect. This grape now has been positively

identified as Valdiguie, although it is not widely known by this name.

In the interests of accuracy in labeling, ATF is adopting Valdiguie as

the prime name in Sec. 4.91, and Napa Gamay as an alternative name in

Sec. 4.92(b) which may be used for labeling wine until January 1, 1999.

Gamay Noir

The Committee recommended that the grape variety Gamay be included

as a prime name in anticipation that wine from the true Gamay grape

would be produced in the United States in the future. Gamay was

proposed as a prime name in Notice No. 581. On the basis of a comment

submitted by the Oregon Winegrowers Association, ATF proposed Gamay

noir, a shortened form of the name Gamay noir a jus blanc, as its prime

name in Notice No. 749. In that notice, ATF stated that use of Gamay

noir would help distinguish wine made from the true Gamay grape from

other wines which were labeled ``Gamay'' in the past.

ATF received no comments addressed to the name Gamay noir, and it

is included in the list of prime grape names. ATF further notes that we

will no longer approve American wine labels which show only ``Gamay''

as a designation. Future labels must show Gamay noir if produced from

the true Gamay grape, or Napa Gamay if produced from Valdiguie and

bottled prior to January 1, 1999.

Gamay Beaujolais

ATF did not address the term Gamay Beaujolais in Notice No. 749.

That notice stated that ATF had insufficient information either to

propose eliminating use of the term Gamay Beaujolais or to authorize

its continued use on a permanent basis.

Wine World Estates favored the decision to defer action on use of

the term Gamay Beaujolais. The California Association of Winegrape

Growers supported ATF's current policy to permit wine to be designated

Gamay Beaujolais if it is derived from not less than 75 percent Pinot

noir or Valdiguie (Napa Gamay) grapes. Several other respondents

requested that ATF specify a date by which use of the term Gamay

Beaujolais would be phased out in favor of labeling these wines with

the actual grape variety. These respondents included the Agricultural

Counselor, Embassy of France, the Union Interprofessionnelle des Vins

du Beaujolais, the FEVS, the INAO, and NABI.

ATF has made Gamay Beaujolais the subject of a separate rulemaking

proceeding. See Notice No. 793, 59 FR 15878, April 5, 1994. In the

interim, ATF will permit domestic wineries to use Gamay Beaujolais as a

designation. Such wine must derive at least 75 percent of its volume

from Pinot noir, from Valdiguie (Napa Gamay), or from a mixture of

these grapes.

New Grape Variety Names

General

Five respondents requested the inclusion of additional grape

variety names to the list of prime names in Sec. 4.91. Two of them are

newly-developed grape varieties; others are European vinifera grapes

which have been introduced into viticultural use in the United States.

In Notice No. 749, ATF also solicited information on a number of grape

varieties which were not proposed as prime names.

Chardonel

Bruce Reisch, Department of Horticultural Sciences, The New York

State Agricultural Experiment Station, Cornell University at Geneva,

requested that Chardonel be added to the list of prime names. He stated

that Chardonel is a cross between Seyval and Chardonnay first made in

1953 at Geneva. It was propagated in 1960 as ``NY 45010'' and later

renamed ``Geneva White 9.'' The grape was named Chardonel by Cornell

University in 1990, and has received U.S. Plant Patent No. 7860, dated

May 5, 1992.

According to Reisch, growers in Maryland, New Jersey, Pennsylvania

and Missouri have expressed satisfaction with the viticultural and

[[Page 533]]

winemaking characteristics of Chardonel. Wine was first made from this

grape in 1966. Currently, the grape is cultivated in Pennsylvania,

Michigan, and Arkansas, and vines are available from the New York State

Fruit Testing Cooperative Association, Geneva, and from commercial

nurseries. ATF has given certificates of label approval to wineries in

several States for a Chardonel wine. Accordingly, ATF is adding

Chardonel to the list of prime grape names in Sec. 4.91.

Golden Isles

R.H. Lane, Associate Professor of Horticulture, the University of

Georgia, Agricultural Experiment Station, requested that Golden Isles,

another newly-developed grape variety, be included on the list of prime

names. Golden Isles is a bronze Muscadine (Muscadinia rotundifolia)

grape developed at the University of Georgia Agricultural Experiment

Station, and is a cross between Fry and Georgia 19-6 made in 1969.

According to the literature, Golden Isles produces a high quality wine

with less pronounced Muscadine flavor than other bronze Muscadine

wines. Golden Isles vines are commercially available.

ATF is adopting this comment and adding Golden Isles to the list of

prime names in Sec. 4.91.

Sereksiya

ATF requested information about the variety ``Sereksia.'' This

grape, a Vitis vinifera, is a native of Russia, but has been introduced

into the United States for viticultural use.

Bruce Reisch commented that Sereksiya Chernaya is a blue grape from

the Soviet Union. He noted that it has many old world synonyms

(Bobyaska Nyagra, Cheryi Redkii, Koldaursha, Sassar, Stropatyi,

Tsotlyar), but that the correct name is ``Sereksiya.'' This grape has

been used by at least one New York winery to make a varietal wine.

Based on this evidence, ATF is adding Sereksiya to the list of prime

grape names in Sec. 4.91.

Other Grape Varieties

Three respondents sought the inclusion of other grape varieties on

the list of prime names. These varieties are Vitis vinifera grapes

which have been introduced into viticultural use in the United States

in recent years and which are now being used to make varietal wines.

The Millbrook Winery, Mount Palomar Winery, and Guenoc Winery requested

inclusion of the following vinifera varieties: ``Arneis,''

``Carmenere,'' ``Cortese,'' ``Corvina,'' Fernao Pires,'' ``Freisa,''

``Gros Verdot,'' ``Roussanne,'' ``Teroldego,'' ``Tocai Friulano,'' and

``Verdelho.''

Arneis is a white wine grape native to Italy's Piedmont region.

According to the OIV, it has no synonyms in general use. ATF has

granted label approval to at least one California winery for a varietal

Arneis wine. Due to its introduction in the United States and use in

making wine, ATF is listing Arneis as a prime grape name in Sec. 4.91.

Carmenere is a red wine variety native to Bordeaux. The OIV lists

no synonyms in general use. It is listed as a grape variety name for

use under the rules of the Oregon Liquor Commission. Carmenere is a

Bordeaux grape which is also used in Bordeaux-style blends produced in

the United States. Due to its use in winemaking, ATF is listing

Carmenere as a prime grape name in Sec. 4.91.

Cortese is a white wine variety grown in the Piedmont region of

Italy. The OIV lists no synonyms which are in worldwide use. Mt.

Palomar Vineyards commented they currently grow two acres of Cortese in

their vineyard in Temecula, CA, and will produce varietal wine in the

future. Due to its introduction in the United States and use in making

wine, ATF is adding Cortese to the list of prime grape names in

Sec. 4.91.

Corvina, a red wine grape, is native to the Ventio region of Italy

where it is a common element in Bardolino and Valpolicella wines. In

Italy this grape is also known as ``Corvina Veronese.'' Corvina

Veronese is a FPMS registered grape selection, and is available for

commercial use in the United States. Based on the use of this grape in

winemaking in the United States, ATF is listing Corvina as a prime name

in Sec. 4.91, but without the geographic term ``Veronese'' which refers

to the region in Italy where the Corvina grape is commonly grown.

Fernao Pires is a white grape native to Portugal, but also grown in

South Africa. It is listed as a FPMS registered grape selection.

According to Millbrook Winery, a small amount of Fernao Pires has been

planted in the United States. ATF believes this grape variety is being

used in producing wine in the United States, or will be used in the

near future. Thus, ATF is listing Fernao Pires as a prime grape name in

Sec. 4.91.

Freisa is an Italian black grape. According to the OIV, there are

no synonyms in worldwide usage. Freisa is listed as a FPMS registered

grape selection. Millbrook Winery commented that a small amount of

Freisa has been planted in at least two vineyards, and they have

produced wine from these grapes. Due to its availability in the United

States and its use in making wine, ATF is adding Freisa to the list of

prime names in Sec. 4.91.

Gros Verdot is another red wine variety native to Bordeaux. It is

not currently listed as an FPMS registered grape selection although

Guenoc Winery stated they are growing this grape. ATF believes that

this grape will be used in producing varietal wines. Consequently, ATF

is listing Gros Verdot as a prime grape name in Sec. 4.91.

Roussanne is a white wine variety native to the Rhone. The OIV

lists use of the synonym ``Bergeron'' in France. Roussanne is not

listed as an FPMS registered grape selection, although it has been used

to produce wine in California where plantings are as yet limited. ATF

has granted a certificate of label approval to a California winery for

their Roussanne wine. Due to its introduction in the United States and

use in making wine, ATF is listing Roussanne as a prime name in Sec.

4.91.

Teroldego is a red wine variety indigenous to Italy's northeast

Trento-Alto Adige region where it is grown almost exclusively on the

Campo Rotaliano plain north of Trento. The OIV lists no synonyms in

general use. Teroldego is not listed as an FPMS registered grape

selection, although there are small plantings in the United States.

Millbrook Winery has stated that they are producing a wine using

Teroldego grapes. Based on this evidence of usage, ATF is adding

Teroldego to the list of prime names in Sec. 4.91.

Tocai Friulano as its name implies is a white wine grape native to

the Friuli-Venezia Giulia region of extreme northwest Italy. The OIV

lists several synonyms including ``Tokai,'' ``Tokay,'' and

``Sauvignonasse.'' Tocai Friulano is listed as an FPMS registered grape

selection and there are small plantings in the United States. At least

one winery has been given a certificate of label approval for a

varietal Tocai Friulano wine.

Due to its cultivation in the United States and its use in

winemaking, ATF is including Tocai Friulano in the list of prime grape

names in Sec. 4.91.

Verdelho is a white wine grape native to Portugal which is widely

used in producing Port and Maderia wines. It is also grown in Australia

where it is used in producing table wines. Verdelho is listed as a

registered grape selection by the FPMS and is commercially available at

nurseries in the United States. Based on this evidence, ATF is adding

Verdelho to the list of prime grape names in Sec. 4.91.

Pinotage, a red grape variety, is a cross between Pinot noir and

Cinsaut.

[[Page 534]]

This grape is widely planted in South Africa and in recent years small

amounts have been planted in the United States. It is listed as a

registered grape variety by the FPMS, and is commercially available.

Pinotage is currently used to make wine and ATF has granted

certificates of label approval for varietal Pinotage wines. Although no

respondents requested the inclusion of Pinotage in the list of prime

grape names, ATF is adding this grape to the list based on its current

use.

Early Muscat. Early Muscat is a vinifera grape grown on the west

coast primarily as a table grape. Although seldom employed in

winemaking, a number of wineries have produced a varietal Early Muscat

wine over the last several years. The State of Oregon lists Early

Muscat as a permitted grape variety designation, and this grape is

available through commercial nurseries.

Although no written comments were received regarding variety, ATF

is including Early Muscat in the list of prime grape names in Sec.

4.91 on the basis of its use in winemaking.

Fredonia is an older Vitis labrusca grape. It has fallen out of

favor in producing a varietal wine in recent years, but still enjoys

use in winemaking. ATF notes that it has granted label approval

recently to wineries producing varietal Fredonia wine. Although no

respondents to Notice No. 749 requested its inclusion, ATF is including

Fredonia in the list of prime grape names in Sec. 4.91.

Grape Variety Names Identical or Similar to Appellations of Origin or

Foreign Geographic Terms

Backgound

Included in proposed Sec. 4.91 were 13 grape variety names which

six respondents identified as being similar or identical to recognized

appellations of origin within the European Community. These respondents

including the EC, the Embassy of Spain (Spain), the Embassy of the

Republic of France (France), the OIV, the FEVS, and INAO identified the

following proposed grape variety names as being identical or similar to

recognized appellations of origin within Europe.

------------------------------------------------------------------------

Appellation of Origin

Wine Grape Variety (Nation)

------------------------------------------------------------------------

Alicante Bouschet......................... Alicante (Spain).

Aligote................................... Bourgogne Aligote (France).

Carignane................................. Carinena (Spain).

Fume blanc................................ Blanc Fume de Pouilly

(France).

Johannisberg Riesling..................... Johannisberg (Germany).

Muscat Pantelleria........................ Moscato di Pantelleria

(Italy).

Rosette................................... Rosette (France).

Pinot Saint George........................ Saint-Georges Saint-Emilion

(France).

St. Croix................................. Ste.-Croix Du-Mont (France).

Saint Macaire............................. Cotes de Bordeaux Saint-

Macaire (France).

Tinta Madeira............................. Madeira (Portugal).

Valdepenas................................ Valdepenas (Spain).

Vivant.................................... Romanee Saint-Vivant

(France)

------------------------------------------------------------------------

These respondents objected to the proposal to list these as prime

grape variety names on the basis that their use on American wine labels

would: (1) be confusing and misleading to consumers since the wines

would not be produced in the designated areas and would not meet the

appellation of origin requirements; (2) comprise an erosion of the

foreign appellation of origin name; and (3) be in violation of the

exchange of letters between the EC and United States of July 26, 1983,

which were intended to prevent erosion of non-generic designations of

geographic significance. Several respondents rejected ATF's argument

made in Notice No. 749 that use of these names was not likely to result

in consumer confusion since the grape variety name would always appear

in direct conjunction with an appellation of origin on a wine label.

Spain commented that the authorization of three grape variety names,

``Alicante Bouschet,'' ``Carignane,'' and ``Valdepenas,'' would hinder

future ATF recognition of well established appellations of origin, and

would negatively impact the sale of Spanish wines in the U.S. market.

The EC, France, and the INAO did not object to the use of Aligote

as a grape variety name provided ATF prohibited winemakers from using

the terms Aligote and Burgundy (a semigeneric designation under

Sec. 4.24(b)) together on American wine labels. These respondents

believed this labeling could be confused with the French appellation of

origin ``Bourgogne Aligote.''

The EC and OIV further noted that some grape variety names in

Sec. 4.91 contain geographic terms which could be confusing to

consumers as to the origin of wines. These names were in addition to

those cited as resembling approved appellations of origin, and included

the following: Early Burgundy, Flame Tokay, Green Hungarian, Muscat of

Alexandria, Muscat Canelli, Mataro, Napa Gamay, and Naples. The OIV

suggested synonyms for these grapes which do not contain geographic

terms and which they believe would be less likely to confuse consumers.

Discussion

ATF set forth its position concerning the use of grape variety

names which may be similar to foreign appellations of origin in Notice

No. 749. ATF stated that there is no reason to deny use of a grape

variety name to American winemakers simply because that name bears a

resemblance to a foreign name of geographic significance. ATF believes

the requirement to use an appellation of origin in direct conjunction

with a grape variety name will prevent confusion between an American

varietal wine and a wine labeled with a foreign appellation of origin.

ATF believes this requirement makes foreign wines distinctive from

American wines bearing a grape variety name. We further stated that any

questions concerning the potential for consumer confusion as to the

identity of wine which may arise when a foreign geographic term is

similar or identical to a varietal name would be resolved by ATF on a

case-by-case basis.

ATF's position on this matter has not changed. Thus, ATF is not

removing any grape variety names from the lists in Secs. 4.91 and 4.92

merely because they are similar to foreign appellations of origin or

contain geographic terms. The following names proposed in Sec. 4.91 are

adopted: Alicante Bouschet, Aligote, Carignane, Early Burgundy, Flame

Tokay, Fume blanc, French Colombard, Green Hungarian, Mataro, Muscat of

Alexandria, Muscat Canelli, Naples, Rosette, St. Croix, Saint Macaire,

Tinta Madeira, Valdepenas, and Vivant.

Specific Actions

The EC, France, FEVS, and the INAO supported the proposal to

eliminate use of the name Saint Emilion, and to phase out use of the

names Franken Riesling, Pineau de la Loire, and Muscat Frontignan.

In Notice No. 749 ATF noted that the name Saint Emilion is not in

widespread use in the United States and that this grape is well known

by other names. Thus, Saint Emilion is not included in the lists of

grape names in Secs. 4.91 or 4.92. Trebbiano is listed in Sec. 4.91 as

the prime name and Ugni blanc as a synonym for this grape in Sec. 4.92.

The alternative names Pineau de la Loire and Franken Riesling

remain in the list at Sec. 4.92(a) to be phased out by 1997 in favor of

the names Chenin blanc and Sylvaner.

ATF proposed Muscat blanc as a prime name in Sec. 4.91 while Muscat

Frontignan was proposed as an

[[Page 535]]

alternative name to be phased out in 1996. Heublein commented that

their Beaulieu Vineyard facility has produced Muscat Frontignan since

1920 and stated that it was important to the company to retain this

designation. Wine World Estates also commented in favor of retaining

Muscat Frontignan as a grape variety name.

ATF agrees that this name has been used in labeling wines for

decades in the United States, and it has received a degree of consumer

recognition. Nevertheless, ATF finds that the name Muscat Canelli is in

far more widespread use at the present time for labeling domestic

wines. Moreover, one goal of this rulemaking is to reduce the large

number of synonyms in use. Thus, ATF is phasing out the name Muscat

Frontignan as proposed in Notice No. 749. However, in view of its

longstanding use and the time required to change labels and advertising

to Muscat blanc or Muscat Canelli, ATF has decided to permit the use of

Muscat Frontignan as a grape variety designation for an additional

period of time. Thus, Muscat Frontignan is added to the list of

alternative names appearing at Sec. 4.92(b). It may be used as a

designation until January 1, 1999.

On review of the comments and literature concerning the proposed

prime grape name Pinot St. George, ATF finds that a more accurate name

for this grape is Negrette. Moreover, this grape is not a Pinot

although it was once misidentified as Pinot noir. Consequently, ATF

finds that Pinot St. George is an incorrect name for this grape. As a

result, we are removing this name from Sec. 4.91 and replacing it with

the prime name Negrette. Pinot St. George is listed in Sec. 4.92(b) as

an alternative name to be phased out by January 1, 1999.

On examination of the proposed prime grape name Muscat Pantelleria,

ATF finds no evidence that this is a distinct grape variety. Instead,

all evidence indicates this is a Muscat wine associated with the island

of Pantelleria off of Sicily and well known as ``Moscato di

Pantelleria.'' The grape from which Moscato di Pantelleria wines are

made is actually the Zibibbo or Muscat of Alexandria grape. Therefore,

Muscat Pantelleria is removed from the list of prime grape names in

Sec. 4.91 and added to Sec. 4.92(b) as an alternative name for Muscat

of Alexandria to be phased out by January 1, 1999.

Type Designations of Varietal Significance

In Notice No. 749, ATF proposed a new category for designating

American wine, type designations of varietal significance. These

designations apply to wines which are composed of a mixture of specific

grape varieties, but which do not contain enough of a single variety to

qualify for a varietal designation (75 percent). Nevertheless, these

wines demonstrate characteristics of the grape varieties used to

produce them and their names imply some grape variety source. For

example, under proposed Sec. 4.28, a wine labeled Muscatel is required

to derive at least 75 percent of its volume from any Muscat grape

source and otherwise conform to the definition for Muscatel at

Sec. 4.21(a)(3). Wine designations in Sec. 4.28 may stand alone on a

label as the class and type designation of a grape wine. ATF also

proposed amending Sec. 4.34 to require that an appellation of origin

appear in direct conjunction with these type designations.

Three designations were proposed. In addition to Muscatel,

Scuppernong was proposed as an American wine deriving not less than 75

percent of its volume from bronze Muscadinia rotundifolia grapes, and

Muscadine was proposed as an American wine deriving at least 75 percent

of its volume from any Muscadinia rotundifolia grape source.

William F. Doering and Wine World Estates commented in favor of

these proposals. Since there were no other comments, ATF is adopting

Sec. 4.28 containing these designations.

Several respondents requested that Riesling be added to this

category to designate a wine made with any ``Riesling'' grapes. ATF is

not adopting this comment. See the discussion under ``Riesling

issues.''

The EC commented that ATF should not permit variety names for

Muscat grapes which incorporate foreign geographic terms. Specifically,

they requested that ATF not list the names Muscat Canelli, Muscat du

Moulin, Muscat Hamburg, Muscat of Alexandria, Muscat Pantelleria, and

Muscat Ottonel. In lieu of these grape variety names, the EC requested

that the full name of the grape ``Muscat blanc a petit grains'' be

used, or that the general label term ``Muscat'' be permitted.

This final rule authorizes Muscat variety names which incorporate

foreign geographic terms since we find these names are recognized as

distinct grape varieties. ATF is, however, responding to the EC request

by permitting use of the term ``Muscat'' or ``Moscato'' as a labeling

designation. ATF believes these terms have widespread consumer

recognition as a wine derived from Muscat grapes. We further find that

many domestic wine labels exist which use the designations Muscat or

Moscato to indicate a Muscat grape source but not a specific Muscat

grape variety.

ATF is amending Sec. 4.28 to include Muscat and Moscato as type

designations of varietal significance to designate a wine which derives

75 percent of its volume from any Muscat grape source. Wines designated

Muscat or Moscato under this section are not required to meet the

additional requirements imposed on Muscatel wines by Sec. 4.21(a)(3).

An appellation of origin must appear in direct conjunction with the

designation Muscat or Moscato.

Proprietary Names and Descriptive Terms

Notice No. 581

In its final report, the Committee noted that certain wines, which

to the uninformed would appear to be varietal wines, are in fact,

labeled with registered proprietary names. The Committee suggested that

ATF should decline to approve such labels in the future, and should

phase out existing approvals of these labels. This suggestion was

incorporated into Notice No. 581 which proposed that only the approved

grape variety name could be used as a varietal designation, without

modification. Accordingly, proprietary names and color descriptors

would need to be shown separately on the label. This proposal would

have prohibited the use of a designation such as ``White Zinfandel,''

but would have permitted a label reading ``Zinfandel'' on one line with

the description ``A White Wine Made From Zinfandel Grapes'' on a

separate line.

Written Comments

This proposal was the most controversial issue raised in Notice No.

581. Ninety-five respondents objected to it and in doing so, most

respondents objected to Notice No. 581 in its entirety.

Consumers and wineries alike commented that the use of color or

style descriptors is a significant aid to consumers in selecting wines.

Qualifiers such as ``white,'' ``blush,'' ``blanc,'' ``noir,''

``nouveau,'' or ``rose'' describe the style of wine and enable

consumers to differentiate between wines of the same varietal origin

but produced in different styles. Wineries cited the economic

importance of ``blush wines.'' Some respondents stated that adoption of

this proposal would severely damage the market for Zinfandel grapes. As

a consequence, respondents claimed the proposal would have a far

reaching and devastating impact on grapegrowers, wineries and

consumers. A few respondents cited the lack of need or

[[Page 536]]

justification for this proposal, and the lack of consumer confusion

over use of such terms.

Similarly, respondents objected to the proposal to prohibit the use

of strictly proprietary terms with grape variety names. Proprietary

names, unlike descriptive terms, consist of a registered name used to

differentiate a winemaker's varietal wine from similar wines made by

other winemakers.

Notice No. 749

In view of the preponderance of comments opposing a prohibition on

the use of proprietary and descriptive terms in conjunction with

varietal designations, ATF did not include this proposal in Notice No.

749. ATF stated that we would take the position that label designations

which incorporate proprietary or descriptive terms are misleading if

their use results in consumer deception.

Comments to Notice No. 749

Only six respondents commented on the use of proprietary and

descriptive terms with grape variety names. The Wine Institute, NABI,

Wine World Estates, and Cain Cellars fully supported ATF's position not

to prohibit their use. William F. Doering stated that the proposal is

sensible, but that some existing proprietary names are misleading and

that ATF should deal with these names on a case-by-case basis. The Wine

Institute requested that ATF seek to secure acceptance of some of these

terms, such as White Zinfandel, on a worldwide basis to assist the

international sales of American wines. This aspect of their comment is

beyond the scope of this rulemaking.

Professor H.P. Olmo, The University of California, Davis, and a

Committee member, objected to the proposal to permit use of descriptive

terms with variety names. He stated that to allow such use would

nullify the concept of grape variety classification, and would confuse

grape variety names with a wine type. He further stated that to permit

them would cause the multiplication and falsification of grape variety

names and cause the mistrust of grape variety names.

Conclusion

Respondents to this notice as well as to Notice No. 581 have

demonstrated the value of proprietary names and descriptive terms in

providing the consumer with useful information. ATF further

acknowledges the economic importance that wines labeled with

descriptive terms such as ``blush'' or ``White Zinfandel'' have to the

American wine industry. Finally, ATF is not aware of any consumer

confusion or deception resulting from the use of descriptive terms with

grape variety names on labels, and ATF does not believe that consumers

need to be protected from such labeling.

Thus, ATF will continue to permit the use of descriptive and

proprietary names on labels in conjunction with grape variety names.

ATF will, however, examine labels to ensure that such terms are not

used in a manner that is deceptive or misleading.

Approval of Future Variety Names

One part of the Committee's charter was to recommend guidelines for

the wine industry and ATF to follow in determining the appropriateness

of names suggested in the future for new grape varieties. The

Committee's recommended guidelines were incorporated into Notice No.

581.

As proposed, a letterhead application to the Director would be

sufficient to request approval of a new grape variety name. Evidence

regarding the name, its use in winemaking, and its cultivation in the

United States would be submitted as part of the application. Supporting

evidence such as a plant patent, acreage information, and scientific

references would also be required.

In addition to outlining the procedure for applying for a grape

variety name, the Committee made recommendations regarding suitability

of new names. As proposed in Notice No. 581, a new grape variety name

could not contain words of geographical significance; could not have

been previously used for another variety; could not contain foreign

words; could not contain misleading names; and could not contain

``Riesling'' as part of the name.

On the basis on comments made to Notice No. 581, ATF made certain

changes in the procedures for approval of new grape variety names.

These were incorporated in proposed Sec. 4.93 in Notice No. 749. Since

there were no comments directed to this section, it is adopted as

proposed.

Paragraph (a) gives the procedure used to petition the Director for

approval of a grape variety name. This procedure applies in the case of

newly-developed grape varieties as well as for existing varieties which

come into use for wine production in the United States.

Paragraph (b) sets forth evidence necessary to document a newly-

developed grape variety.

Paragraph (c) sets forth standards for the approval of any grape

name. Names will not be approved if they have previously been used for

a different grape variety, if they are misleading under Sec. 4.39, or

if they contain the word ``Riesling.''

Paragraph (d) gives the Director the authority to make a case-by-

case determination whether a requested grape variety name would be

misleading. Under this paragraph, the Director has authority to make a

determination whether grape variety names containing words of

geographic significance, place names, or foreign words are misleading

under Sec. 4.39. Variety names found to be misleading would not be

approved by the Director. This section does not prohibit use of such

terms in grape variety names if their use is found by the Director not

to be misleading.

ATF notes that it is not the intent of Sec. 4.93(d) to prohibit the

use of established grape variety names which may contain terms of

geographic significance, place names, or foreign words, but rather to

discourage the use of these kinds of terms in naming new grape

varieties. This paragraph applies to grape varieties developed in the

United States, but does not apply to existing grape varieties growing

in foreign countries and which are introduced into viticultural use in

the United States.

Paragraph (e) provides that the Director will publish the list of

approved names annually in the Federal Register. This publication will

inform consumers and wineries of periodic changes to the list of

approved names without formally amending Secs. 4.91 or 4.92 every time

a name is added. From time to time, ATF will incorporate published

changes to the list into Secs. 4.91 or 4.92. ATF will not use Federal

Register publication as a means to avoid rulemaking on names which may

be controversial.

Text of Regulations

List of Prime Names, Sec. 4.91

Section 4.91 contains the list of approved prime grape variety

names. These names may be used as the label designation of American

wines. Only the prime grape name appears in the alphabetical listing

while approved synonyms and spelling variants appear in parentheses

following the prime name of the grape. Synonyms and spelling variants

may, however, be used standing alone on a label as the designation for

American grape wines. For example, ``Riesling'' is a listed as a prime

name, with the synonym ``White Riesling'' following in parentheses.

Either name may be used as a label designation for wine made from White

Riesling grapes.

[[Page 537]]

Section 4.23

Notice No. 749 contained the full text of a new Sec. 4.23, Varietal

(grape type) labeling. This text was included because ATF is removing

existing Sec. 4.23 which does not apply after December 31, 1982, and

replacing it with a new section applicable after that date. This new

section formerly appeared at Sec. 4.23a. The only significant change

between existing Sec. 4.23a and the new Sec. 4.23 is the incorporation

of a reference to new Sec. 4.28, Type designations of varietal

significance. The use on a label of a type designation of varietal

significance will require an appellation of origin to appear in direct

conjunction with it such as ``Georgia Scuppernong'' or ``California

Muscatel.''

Section 4.34, Class and Type

This section is amended to permit a type designation of varietal

significance listed in Sec. 4.28 to be used as a class and type

designation for American wine.

Spelling, Capitalization and Punctuation

The Chicago Wine School submitted a comment correcting certain

diacritical marks as they appeared in the list of prime names in

Sec. 4.91. Based on this comment, ATF has corrected the diacritical

marks for Alvarelhao and Mourvedre in Sec. 4.91.

With the effective date of this final rule, bottlers are required

to spell grape variety names as they appear in the lists in Secs. 4.91

and 4.92 since this rulemaking is intended to standardize grape variety

names to the maximum extent possible. When a variant spelling is

recognized, that spelling appears in parentheses following the prime

name. Other variant spellings will not be permitted unless approved by

the Director.

Wine World Estates supported ATF's proposal not to require upper or

lower case type for grape variety names. This position is reflected in

this section which permits wine variety names to appear either

capitalized or in lower case, and to appear in any style or type which

is conspicuous and meets the minimum type size requirements. Grape

variety names may be spelled with or without diacritical marks

(umlauts, accent marks, hyphens, or tildes). ATF believes these

policies, incorporated in the text of Sec. 4.91, will afford bottlers

maximum flexibility when designing labels.

Regulatory Flexibility Act Issues

Thomas P. Kerester, Chief Counsel for Advocacy of the Small

Business Administration (``SBA''), submitted two comments to Notice No.

749. The first stated that ATF's certification under the Regulatory

Flexibility Act, 5 U.S.C. Sec. 605, did not contain a succinct

statement explaining the reasons for the certification as required by

the Act. His second comment expressed concerns the SBA found with the

proposed rule, and he stated that adoption of a final rule could be

disadvantageous to small wineries.

Kerester noted that phasing out of some alternative grape variety

names would prohibit their continued use by small wineries. However,

some of these names are available for use by winemakers in other

nations. Hence, he stated that consumers accustomed to use of these

names would seek imported wines bearing the familiar names, to the

detriment of large and small domestic wine producers.

Next, he stated that some wineries may be forced to make

operational changes in response to the proposals. For some small

wineries, he stated this would require a $300,000 to $500,000

investment and require three to five years time. This would

disadvantage small wineries which have invested in certain grape

varieties, while larger wineries could more easily adapt to the

changes.

Finally, Kerester requested that ATF consider the extent to which

the changes would inhibit creativity and innovation, and whether the

restricting of names would constitute a precedent which could be

detrimental to small producers. As a result of these concerns, Kerester

suggested that ATF prepare a regulatory flexibility analysis before

issuing the final regulations.

ATF does not believe that consumers will be driven to the purchase

of imported wines simply because certain grape variety names are not

available to domestic wineries. There are thousands of grape variety

names used in producing wines worldwide. The current OIV list contains

71 pages of grape names and synonyms which are in use in 27 winemaking

nations. ATF believes it would be hopelessly confusing to consumers to

permit domestic winemakers to use all available synonyms for labeling

wines. Through the Committee's work and this rulemaking effort, ATF has

selected the most appropriate prime name for each specific grape used

in winemaking; the majority of other names are to be phased out. For

the most part, the names being phased out are little used by domestic

wineries and have limited consumer recognition. Some alternative names

apply to American grape varieties for which there is no imported

competition. Furthermore, due to written comments in response to both

notices, we have authorized synonyms for some grape varieties because

these names are widely used by domestic wineries and have received a

degree of consumer acceptance.

ATF has provided a lengthy period for phasing out the use of

alternative grape variety names. ATF first proposed their elimination

in Notice No. 581, published in September 1986. These names are phased

out in 1996. Names newly added to the list of alternative names may be

used until 1999. Thus, ATF has provided ample time for the conversion

of labeling and advertising to the prime grape variety names listed in

Sec. 4.91.

ATF is aware that domestic wineries compete against foreign

wineries and that grape variety names used in labeling are a factor in

such competition. In this final rule, ATF lists Riesling as a prime

grape name. This action is made in part because nearly all imported

wines are labeled simply Riesling rather than Johannisberg Riesling or

White Riesling. By listing Riesling as a prime name, ATF is placing

domestic wineries on an equal footing with foreign wineries in the

labeling of this important worldwide varietal wine. ATF has also

authorized a few other synonyms such as Pinot Grigio which is the name

used in labeling certain wines produced in foreign nations and which

compete directly against American wines made from the same grapes.

As a result of these actions, ATF does not believe that large or

small domestic wineries will lose sales of varietal wines to foreign

wineries simply because certain names are not available for use in

labeling.

No other respondents to Notice No. 749 commented that small

wineries would need to make any operational changes in response to

those proposals, nor did any other respondents allege that small

wineries would bear exorbitant costs associated with the phase out of

certain grape variety names. In conjunction with one proposal made in

Notice No. 581, numerous respondents stated they would incur large

costs and suffer market share loss due to the proposed prohibition on

use of descriptive or proprietary terms with grape variety names. ATF

removed this proposal from Notice No. 749.

Respondents to Notice No. 749 cited only one issue as raising

Regulatory Flexibility Act concerns. ATF, however, does not believe

that issue is a result of the proposals concerning grape variety names.

As documented elsewhere, growers in California have long grown a grape

identified as ``Pinot blanc.''

[[Page 538]]

Recent ampelographic evidence reveals that this grape is actually the

variety Melon. Thus, these grapes are improperly identified; moreover,

the use of the name Pinot blanc for Melon grapes is misleading to

consumers since the true Pinot blanc grape is now grown in the United

States and is used to label varietal wines. To provide accurate

identification of wine for consumers, ``Pinot blanc'' grapes in

California must be redesignated with their proper name, Melon or Melon

de Bourgogne. Redesignation of these grapes is an enforcement issue and

not a result of this rulemaking. While there are costs associated with

redesignating these grapes, ATF does not believe that these costs are a

result of this final rule.

ATF does not agree with the SBA comment that the changes in this

notice would restrict creativity and innovation in labeling wines, to

the extent such labeling is truthful and accurate. As noted elsewhere,

ATF is not restricting or prohibiting use of descriptive or proprietary

terms in conjunction with grape variety names. ATF believes use of

these terms is a primary method of innovative labeling of grape variety

names.

For the reasons elaborated above, ATF does not believe this final

rule will have a substantial economic effect on small entities. Thus,

ATF is not preparing an initial or final Regulatory Flexibility

Analysis.

Effective Dates

With the effective date of this final rule, the name of a grape

variety may not be used as a type designation for an American wine

unless it is approved by the Director and listed in Secs. 4.91 or 4.92,

or listed in an annual Federal Register listing of grape variety names.

Grape variety names appearing on the list of alternative names at

Sec. 4.92(a) may be only used as the type designations for American

wines bottled before January 1, 1997. Grape variety names appearing at

Sec. 4.92(b) may only be used as type designations for American wines

bottled before January 1, 1999.

The procedure at Sec. 4.93 for petitioning the Director to approve

additional grape variety names is effective 30 days after publication

of this final rule.

Regulatory Flexibility Act

It is hereby certified that this regulation will not have a

significant economic impact on a substantial number of small entities.

As discussed elsewhere in this preamble, this final rule will not

impose recordkeeping or reporting burdens on small entities. The

standardization of grape variety names will affect labeling and

marketing of wines both by large and small wineries, but is not

projected to have a substantial economic impact on small wineries. This

final rule will not: (1) impose, or otherwise cause, a significant

increase in the reporting, recordkeeping, or other compliance burdens

on a substantial number of small entities, or (2) have significant

secondary or incidental effects on a substantial number of small

entities. Accordingly, a regulatory flexibility analysis is not

required.

Executive Order 12866

It has been determined that this rule is not a significant

regulatory action, because (1) It will not have an annual effect on the

economy of $100 million or more or adversely affect in a material way

the economy, a sector of the economy, productivity, competition, jobs,

the environment, public health or safety, or state, local, or tribal

governments or communities; (2) Create a serious inconsistency or

otherwise interfere with an action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants, user

fees, or loan programs or the rights and obligations of recipients

thereof; or (4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

Executive Order 12866.

Paperwork Reduction Act

The collection of information contained in this final rule has been

reviewed and approved by the Office of Management and Budget (OMB) in

accordance with the requirements of the Paperwork Reduction Act of 1980

(44 U.S.C. 3504(h)) under control number 1512-0513. The estimated

annual reporting and/or recordkeeping burden is 4 hours. Estimated

total annual burden per record-keeper is 2 hours. The estimated number

of respondents is two. The estimated annual frequency of responses is

one.

This final rule creates a new letterhead notice to be used by

respondents in petitioning ATF to add grape variety names to the list

of approved prime grape names in Sec. 4.91. The collection of

information in this regulation is in the following section: 27 CFR

4.93. This information is used by ATF in order to verify that the grape

variety name petitioned for is the name of the identified grape, that

the grape is a available for viticultural use in the United States, and

that the name to be used will not be misleading or deceptive. The

likely respondents are businesses and other for-profit institutions,

non-profit institutions, and small businesses or organizations.

In response to Notice No. 749, no comments regarding the proposed

information collection requirement were received either by the Chief,

Information Programs Branch, Bureau of Alcohol, Tobacco and Firearms,

or by the OMB Desk Officer for the Bureau of Alcohol, Tobacco and

Firearms.

Comments concerning the accuracy of this burden estimate should be

directed to the Chief, Information Programs Branch, Room 3400, Bureau

of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW,

Washington, DC 20226, and to the Office of Information and Regulatory

Affairs, Office of Management and Budget, Washington, D.C. 20503;

Attention: Desk Officer for the Bureau of Alcohol, Tobacco and

Firearms.

Drafting Information

The principal author of this document is Charles N. Bacon, Wine,

Beer, and Spirits Regulations Branch, Regulatory Enforcement, Bureau of

Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 4

Advertising, Consumer protection, Customs duties and inspections,

Imports, Labeling, Packaging and containers, Wine.

Authority and Issuance

Accordingly, 27 CFR Part 4, Labeling and Advertising of Wine, is

amended as follows:

Paragraph 1. The authority citation for Part 4 continues to read as

follows:

Authority: 27 U.S.C. 205.

Par. 2. Section 4.23 is revised to read as follows:

Sec. 4.23 Varietal (grape type) labeling.

(a) General. The names of one or more grape varieties may be used

as the type designation of a grape wine only if the wine is also

labeled with an appellation of origin as defined in Sec. 4.25a.

(b) One variety. Except as provided in paragraph (c) of this

section, the name of a single grape variety may be used as the type

designation if not less than 75 percent of the wine is derived from

grapes of that variety, the entire 75 percent of which was grown in the

labeled appellation of origin area.

(c) Exceptions. (1) Wine made from any Vitis labrusca variety

(exclusive of hybrids with Vitis labrusca parentage) may be labeled

with the variety name if:

(i) Not less than 51 percent of the wine is derived from grapes of

the named variety;

(ii) The statement ``contains not less than 51 percent (name of

variety)'' is shown on the brand label, back label, or

[[Page 539]]

a separate strip label, (except that this statement need not appear if

75 percent or more of the wine is derived from grapes of the named

variety); and

(iii) The entire qualifying percentage of the named variety was

grown in the labeled appellation of origin area.

(2) Wine made from any variety of any species found by the Director

upon appropriate application to be too strongly flavored at 75 percent

minimum varietal content may be labeled with the varietal name if:

(i) Not less than 51 percent of the wine is derived from grapes of

that variety;

(ii) The statement ``contains not less than 51 percent (name of

variety)'' is shown on the brand label, back label, or a separate strip

label (except that this statement need not appear if 75 percent or more

of the wine is derived from grapes of the named variety); and

(iii) The entire qualifying percentage of the named variety was

grown in the labeled appellation of origin area.

(d) Two or more varieties. The names of two or more grape varieties

may be used as the type designation if:

(1) All of the grapes used to make the wine are of the labeled

varieties;

(2) The percentage of the wine derived from each variety is shown

on the label (with a tolerance of plus or minus 2 percent); and

(3)(i) If labeled with a multicounty appellation of origin, the

percentage of the wine derived from each variety from each county is

shown on the label; or

(ii) If labeled with a multistate appellation of origin, the

percentage of the wine derived from each variety from each state is

shown on the label.

(e) List of approved variety names. Effective February 7, 1996, the

name of a grape variety may be used as a type designation for an

American wine only if that name has been approved by the Director. A

list of approved grape variety names appears in Subpart J of this part.

Sec. 4.23a [Removed]

Par. 3. Section 4.23a is removed.

Par. 4. Subpart C is amended by adding Sec. 4.28 to read as

follows:

Sec. 4.28 Type designations of varietal significance.

The following are type designations of varietal significance for

American wine. These names may be used as type designations for

American wines only if the wine is labeled with an appellation of

origin as defined in Sec. 4.25a.

(a) Muscadine. An American wine which derives at least 75 percent

of its volume from Muscadinia rotundifolia grapes.

(b) Muscatel. An American wine which derives its predominant taste,

aroma, characteristics and at least 75 percent of its volume from any

Muscat grape source, and which meets the requirements of

Sec. 4.21(a)(3).

(c) Muscat or Moscato. An American wine which derives at least 75

percent of its volume from any Muscat grape source.

(d) Scuppernong. An American wine which derives at least 75 percent

of its volume from bronze Muscadinia rotundifolia grapes.

Par. 5. Section 4.34 is amended by revising the second sentence of

paragraph (a); by revising paragraph (b)(1); by redesignating

paragraphs (b) (2), (3), and (4), as paragraphs (b) (3), (4), and (5),

respectively; and by adding a new paragraph (b)(2), to read as follows:

Sec. 4.34 Class and type.

(a) * * * In the case of still grape wine there may appear, in lieu

of the class designation, any varietal (grape type) designation, type

designation of varietal significance, semigeneric geographic type

designation, or geographic distinctive designation, to which the wine

may be entitled. * * *

(b) * * *

(1) A varietal (grape type) designation is used under the

provisions of Sec. 4.23;

(2) A type designation of varietal significance is used under the

provisions of Sec. 4.28;

* * * * *

Par. 6. Subpart J is added to read as follows:

Subpart J--American Grape Variety Names

Sec.

4.91 List of approved prime names.

4.92 Alternative names permitted for temporary use.

4.93 Approval of grape variety names.

Subpart J--American Grape Variety Names

Sec. 4.91 List of approved prime names.

The following grape variety names have been approved by the

Director for use as type designations for American wines. When more

than one name may be used to identify a single variety of grape, the

synonym is shown in parentheses following the prime grape names. Grape

variety names may appear on labels of wine in upper or in lower case,

and may be spelled with or without the hyphens or diacritic marks

indicated in the following list.

Agwam

Albemarle

Aleatico

Alicante Bouschet

Aligote

Alvarelhao

Arneis

Aurore

Bacchus

Baco blanc

Baco noir

Barbera

Beacon

Beclan

Bellandais

Beta

Black Pearl

Blanc Du Bois

Blue Eye

Bonarda

Bountiful

Burdin 4672

Burdin 5201

Burdin 11042

Burgaw

Burger

Cabernet franc

Cabernet Pfeffer

Cabernet Sauvignon

Calzin

Campbell Early (Island Belle)

Canada Muscat

Captivator

Carignane

Carlos

Carmenere

Carmine

Carnelian

Cascade

Castel 19-637

Catawba

Cayuga White

Centurion

Chambourcin

Chancellor

Charbono

Chardonel

Chardonnay

Chasselas dore

Chelois

Chenin blanc

Chief

Chowan

Cinsaut (Black Malvoisie)

Clairette blanche

Clinton

Colombard (French Colombard)

Colobel

Cortese

Corvina

Concord

Conquistador

Couderc noir

Cowart

Creek

Cynthiana (Norton)

Dearing

De Chaunac

Delaware

Diamond

Dixie

Dolcetto

Doreen

Dulcet

Durif

[[Page 540]]

Dutchess

Early Burgundy

Early Muscat

Edelweiss

Eden

Ehrenfelser

Ellen Scott

Elvira

Emerald Riesling

Feher Szagos

Fernao Pires

Fern Munson

Flame Tokay

Flora

Florental

Folle blanche

Fredonia

Freisa

Fry

Furmint

Gamay noir

Garronet

Gewurztraminer

Gladwin 113

Glennel

Gold

Golden Isles

Golden Muscat

Grand Noir

Green Hungarian

Grenache

Grignolino

Grillo

Gros Verdot

Helena

Herbemont

Higgins

Horizon

Hunt

Iona

Isabella

Ives

James

Jewell

Joannes Seyve 12-428

Joannes Seyve 23-416

Kerner

Kay Gray

Kleinberger

LaCrosse

Lake Emerald

Lambrusco

Landal

Landot noir

Lenoir

Leon Millot

Limberger (Lemberger)

Madeline Angevine

Magnolia

Magoon

Malbec

Malvasia bianca

Marechal Foch

Marsanne

Melody

Melon de Bourgogne (Melon)

Merlot

Meunier (Pinot Meunier)

Mish

Mission

Missouri Riesling

Mondeuse (Refosco)

Montefiore

Moore Early

Morio-Muskat

Mourvedre (Mataro)

Muller-Thurgau

Munch

Muscadelle

Muscat blanc (Muscat Canelli)

Muscat du Moulin

Muscat Hamburg (Black Muscat)

Muscat of Alexandria

Muscat Ottonel

Naples

Nebbiolo

Negrette

New York Muscat

Niagara

Noah

Noble

Norton (Cynthiana)

Ontario

Orange Muscat

Palomino

Pamlico

Pedro Ximenes

Petit Verdot

Petite Sirah

Peverella

Pinotage

Pinot blanc

Pinot gris (Pinot Grigio)

Pinot noir

Precoce de Malingre

Pride

Primitivo

Rayon d'Or

Ravat 34

Ravat 51 (Vignoles)

Ravat noir

Redgate

Regale

Riesling (White Riesling)

Rkatziteli (Rkatsiteli)

Roanoke

Rosette

Roucaneuf

Rougeon

Roussanne

Royalty

Rubired

Ruby Cabernet

St. Croix

Saint Macaire

Salem

Salvador

Sangiovese

Sauvignon blanc (Fume blanc)

Scarlet

Scheurebe

Semillon

Sereksiya

Seyval (Seyval blanc)

Siegerrebe

Siegfried

Southland

Souzao

Steuben

Stover

Sugargate

Sultanina (Thomspon Seedless)

Summit

Suwannee

Sylvaner

Symphony

Syrah (Shiraz)

Swenson Red

Tarheel

Taylor

Tempranillo (Valdepenas)

Teroldego

Thomas

Thompson Seedless (Sultanina)

Tinta Madeira

Tinto cao

Tocai Friulano

Topsail

Touriga

Traminer

Trousseau

Trousseau gris

Ugni blanc (Trebbiano)

Valdiguie

Valerien

Van Buren

Veeblanc

Veltliner

Ventura

Verdelet

Verdelho

Vidal blanc

Villard blanc

Villard noir

Vincent

Viognier

Vivant

Welsch Rizling

Watergate

Welder

Yuga

Zinfandel

Sec. 4.92 Alternative names permitted for temporary use.

The following alternative names shown in the left column may be

used as the type designation for American wine in lieu of the prime

name of the grape variety shown in the right column. Alternative names

listed in the left column may only be used for wine bottled prior to

the date indicated.

(a) Wines bottled prior to January 1, 1997.

Alternative Name/Prime Name

Baco 1--Baco noir

Baco 22A--Baco blanc

Bastardo--Trousseau

Black Spanish--Lenoir

Burdin 7705--Florental

Cayuga--Cayuga White

Chancellor noir--Chancellor

Chasselas--Chasselas dore

Chevrier--Semillon

Chelois noir--Chelois

[[Page 541]]

Couderc 71-20--Couderc noir

Couderc 299-35--Muscat du Moulin

Foch--Marechal Foch

Franken Riesling--Sylvaner

Gutedel--Chasselas dore

Ives Seedling--Ives

Jacquez--Lenoir

Joannes Seyve 26-205--Chambourcin

Landot 244--Landal

Landot 4511--Landot noir

Millot--Leon Millot

Moore's Diamond--Diamond

Norton Seedling--Norton

Pfeffer Cabernet--Cabernet Pfeffer

Pineau de la Loire--Chenin blanc

Pinot Chardonnay--Chardonnay

Ravat 262--Ravat noir

Rulander--Pinot gris

Seibel 128--Salvador

Seibel 1000--Rosette

Seibel 4986--Rayon d'Or

Seibel 5279--Aurore

Seibel 5898--Rougeon

Seibel 7053--Chancellor

Seibel 8357--Colobel

Seibel 9110--Verdelet

Seibel 9549--De Chaunac

Seibel 10878--Chelois

Seibel 13053--Cascade

Seibel 14596--Bellandais

Seyve-Villard 5-276--Seyval

Seyve-Villard 12-309--Roucaneuf

Seyve-Villard 12-375--Villard blanc

Seyve-Villard 18-283--Garronet

Seyve-Villard 18-315--Villard noir

Seyve-Villard 23-410--Valerien

Sweetwater--Chasselas dore

Verdelet blanc--Verdelet

Vidal 256--Vidal blanc

Virginia Seedling--Norton

Walschriesling--Welsch Rizling

Welschriesling--Welsch Rizling

(b) Wines bottled prior to January 1, 1999.

Alternative Name/Prime Name

Cabernet--Cabernet Sauvignon

Grey Riesling--Trousseau gris

Johannisberg Riesling--Riesling

Muscat Frontignan--Muscat blanc

Muscat Pantelleria--Muscat of Alexandria

Napa Gamay--Valdiquie

Pinot Saint George--Negrette

Sauvignon vert--Muscadelle

Sec. 4.93 Approval of grape variety names.

(a) Any interested person may petition the Director for the

approval of a grape variety name. The petition may be in the form of a

letter and should provide evidence of the following--

(1) acceptance of the new grape variety,

(2) the validity of the name for identifying the grape variety,

(3) that the variety is used or will be used in winemaking, and

(4) that the variety is grown and used in the United States.

(b) For the approval of names of new grape varieties, documentation

submitted with the petition to establish the items in paragraph (a) of

this section may include--

(1) reference to the publication of the name of the variety in a

scientific or professional journal of horticulture or a published

report by a professional, scientific or winegrowers' organization,

(2) reference to a plant patent, if so patented, and

(3) information pertaining to the commercial potential of the

variety, such as the acreage planted and its location or market

studies.

(c) The Director will not approve a grape variety name if:

(1) The name has previously been used for a different grape

variety;

(2) The name contains a term or name found to be misleading under

Sec. 4.39; or

(3) The name of a new grape variety contains the term ``Riesling.''

(d) For new grape varieties developed in the United States, the

Director may determine if the use of names which contain words of

geographical significance, place names, or foreign words are misleading

under Sec. 4.39. The Director will not approve the use of a grape

variety name found to be misleading.

(e) The Director shall publish the list of approved grape variety

names at least annually in the Federal Register.

(Approved by the Office of Management and Budget under Control

Number 1512-0513)

Signed: January 5, 1995.

Daniel R. Black,

Acting Director.

Approved: November 24, 1995.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff & Trade Enforcement).

Editorial Note: This document was received at the Office of the

Federal Register on January 2, 1996.

[FR Doc. 96-148 Filed 1-5-96; 8:45 am]

BILLING CODE 4810-31-M