26 U.S.C. § 5388 — Designation of wines

(a) Standard wines. Standard wines may leave covered premises and may be marked, transported, and sold under their proper designation of kind and origin. If the trade or consumers know no such designation, they must use a truthful and adequate statement of composition. (b) Other wines. Other wines may leave for consumption or sale, and may be marked, transported, or sold, only under a kind-and-origin designation that adequately describes their true composition and distinguishes them from standard wines, as the Secretary’s regulations provide. (c) Semi-generic designations. (1) A semi-generic name may designate wine from another origin only if (A) an appropriate appellation of origin appears directly with it and discloses the true place of origin, and (B) the wine meets the regulatory standard of identity, if one exists, or otherwise the trade understanding of its class or type. (2) (A) A geographic name that also designates a wine class or type becomes semi-generic only when the Secretary^* finds that it has done so. (B) The following are treated as semi-generic: Angelica, Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine Wine or Hock, Sauterne, Haut Sauterne, Sherry, and Tokay. (3) (A) For wine covered by this paragraph, paragraph (1) does not apply. For European Community wine, a designation in subparagraph (C)(i) may be used only if requirement (B)(ii) is met. For other wine bearing a brand name, or brand and fanciful name, a semi-generic designation may be used only if all three requirements in (B) are met. (B) The requirements are met when: (i) the semi-generic name appears directly with an appellation showing the wine’s origin; (ii) the wine meets its regulatory identity standard, or the trade understanding if none exists; and (iii) the person using the name, or successor in interest, held before March 10, 2006, a Certificate of Label Approval or Certificate of Exemption from Label Approval issued by the Secretary for a label bearing that brand, or brand and fanciful name, with the semi-generic name. (C) (i) This paragraph covers grape wine designated Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Retsina, Rhine Wine or Hock, Sauterne, Haut Sauterne, Sherry, or Tokay. (ii) It does not cover wine with less than 7 percent or more than 24 percent alcohol by volume, wine intended for sale outside the United States, or wine without a brand name.