Wine Labels and Alcohol Content

In previous posts to this blog I have noted that the alcohol content of a wine can be different from what is written on the label because there are tolerances of 1 % for wines containing more than 14 percent of alcohol by volume, and 1.5 % for wines containing 14 percent or less of alcohol by volume. That could mean that a wine of 13.9% on the label might be a 15.4%. Eric Asimov made a similar point in a recent article on Zinfandels in the New York Times but his article today contains a correction to that which notes that he had “misstated the provision of the federal labeling law on alcohol content. Wines listing an alcohol content of 14 percent or less by volume are permitted a 1.5 percentage-point margin of error, as long as the actual content does not exceed 14 percent, and wines listing an alcohol content above 14 percent are permitted a 1 percentage-point margin of error, as long as the actual content is more than 14 percent. In each case, the allowable margins of error do not apply on a plus/minus basis.”

That sounds pretty straightforward and means that Both Asimov and myself (and quite a few other individuals) have been incorrectly interpreting the law. But to be on the safe side I thought I would chase up the law anyway. Here it is, in all its clarity

§ 4.36 Alcoholic content.

(a) Alcoholic content shall be stated in
the case of wines containing more than 14 percent of alcohol by volume, and, in
the case of wine containing 14 percent or less of alcohol by volume, either the
type designation “table” wine (“light” wine) or the alcoholic content shall be
stated. Any statement of alcoholic content shall be made as prescribed in
paragraph (b) of this section.

(b) Alcoholic content shall be
stated in terms of percentage of alcohol by volume, and not otherwise, as
provided in either paragraph (b)(1) or (2) of this section:

(1)
“Alcohol __ % by volume,” or similar appropriate phrase; Provided, that if the
word “alcohol” and/or “volume” are abbreviated, they shall be shown as “alc.”
(alc) and/or “vol.” (vol), respectively. Except as provided in paragraph (c) of
this section, a tolerance of 1 percent, in the case of wines containing more
than 14 percent of alcohol by volume, and of 1.5 percent, in the case of wines
containing 14 percent or less of alcohol by volume, will be permitted either
above or below the stated percentage.

(2) “Alcohol __ % to __ % by
volume,” or similar appropriate phrase; Provided, that if the word “alcohol”
and/or “volume” are abbreviated, they shall be shown as “alc.” (alc) and/or
“vol.” (vol), respectively. Except as provided in paragraph (c) of this section,
a range of not more than 2 percent, in the case of wines containing more than 14
percent of alcohol by volume, and of not more than 3 percent, in the case of
wines containing 14 percent or less of alcohol by volume, will be permitted
between the minimum and maximum percentages stated, and no tolerances will be
permitted either below such minimum or above such maximum.

(c)
Regardless of the type of statement used and regardless of tolerances normally
permitted in direct statements and ranges normally permitted in maximum and
minimum statements, alcoholic content statements, whether required or optional,
shall definitely and correctly indicate the class, type and taxable grade of the
wine so labeled and nothing in this section shall be construed as authorizing
the appearance upon the labels of any wine of an alcoholic content statement in
terms of maximum and minimum percentages which overlaps a prescribed limitation
on the alcoholic content of any class, type, or taxable grade of wine, or a
direct statement of alcoholic content which indicates that the alcoholic content
of the wine is within such a limitation when in fact it is
not.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D.
ATF–275, 53 FR 27046, July 18, 1988]

Well I’m glad we have that cleared up! It also encouraging to know that even those engaged full-time in wine commentary know as much about the law as I do!