US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 26USC5388]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
      Subtitle E--Alcohol, Tobacco, and Certain Other Excise Taxes
 
             CHAPTER 51--DISTILLED SPIRITS, WINES, AND BEER
 
             Subchapter F--Bonded and Taxpaid Wine Premises
 
          PART III--CELLAR TREATMENT AND CLASSIFICATION OF WINE
 
Sec. 5388. Designation of wines


(a) Standard wines

    Standard wines may be removed from premises subject to the 
provisions of this subchapter and be marked, transported, and sold under 
their proper designation as to kind and origin, or, if there is no such 
designation known to the trade or consumers, then under a truthful and 
adequate statement of composition.

(b) Other wines

    Wines other than standard wines may be removed for consumption or 
sale and be marked, transported, or sold only under such designation as 
to kind and origin as adequately describes the true composition of such 
products and as adequately distinguish them from standard wines, as 
regulations prescribed by the Secretary shall provide.

(c) Use of semi-generic designations

                           (1) In general

        Semi-generic designations may be used to designate wines of an 
    origin other than that indicated by such name only if--
            (A) there appears in direct conjunction therewith an 
        appropriate appellation of origin disclosing the true place of 
        origin of the wine, and
            (B) the wine so designated conforms to the standard of 
        identity, if any, for such wine contained in the regulations 
        under this section or, if there is no such standard, to the 
        trade understanding of such class or type.

          (2) Determination of whether name is semi-generic

        (A) In general

            Except as provided in subparagraph (B), a name of geographic 
        significance, which is also the designation of a class or type 
        of wine, shall be deemed to have become semi-generic only if so 
        found by the Secretary.

        (B) Certain names treated as semi-generic

            The following names shall be treated as semi-generic: 
        Angelica, Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, 
        Marsala, Madeira, Moselle, Port, Rhine Wine or Hock, Sauterne, 
        Haut Sauterne, Sherry, Tokay.

(Added Pub. L. 85-859, title II, Sec. 201, Sept. 2, 1958, 72 Stat. 1387; 
amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 
Stat. 1834; Pub. L. 105-34, title IX, Sec. 910(a), Aug. 5, 1997, 111 
Stat. 877.)


                            Prior Provisions

    A prior section 5388, act Aug. 16, 1954, ch. 736, 68A Stat. 672, 
consisted of provisions similar to those comprising this section, prior 
to the general revision of this chapter by Pub. L. 85-859.


                               Amendments

    1997--Subsec. (c). Pub. L. 105-34 added subsec. (c).
    1976--Pub. L. 94-455 struck out ``or his delegate'' after 
``Secretary''.


                    Effective Date of 1997 Amendment

    Section 910(b) of Pub. L. 105-34 provided that: ``The amendment made 
by this section [amending this section] shall take effect on the date of 
the enactment of this Act [Aug. 5, 1997].''