04 NCAC 02T .0409. PROHIBITED PRACTICES

(a)  The production, importation or sale within this State of any product as or under the designation of wine that fails to conform to the standards prescribed in these Rules, or of any imitation or substandard wine is prohibited.

(b)  Imitation Wine.  Imitation wine includes:

(1)           any wine containing synthetic materials;

(2)           any wine made from a mixture of water with residues remaining after thorough pressing of grapes, fruit or other agricultural products;

(3)           any class or type of wine, the taste, aroma, color or other characteristics of which have been acquired in whole or in part by treatment with methods or materials of any kind, if the taste, aroma, color or other characteristics of normal wines of any such class or type are acquired without that treatment; or

(4)           any wine made from must concentrated at any time to more than 80 degrees (Balling).

(c)  Substandard wine includes:

(1)           any wine having a volatile acidity in excess of the maximum prescribed therefor in these Rules;

(2)           any wine for which no maximum volatile acidity is prescribed in these Rules having a volatile acidity, calculated as acetic acid and exclusive of sulphur dioxide, in excess of 0.14 gram per 100 cubic centimeters (20 degrees Centigrade);

(3)           any wine for which a standard of identity is prescribed in these Rules that through disease, decomposition or otherwise fails to have the composition, color and clean vinous taste and aroma of normal wines conforming to that standard;

(4)           wine of any class or type containing added water or a sugar and water solution in excess of the quantities expressly authorized for standard wine made from the same kind or kinds of materials as prescribed in these Rules;

(5)           any wine containing monochloracetic acid or any other substance or preservative prohibited by the United States Food and Drug Administration or the Federal Alcoholic Tax Unit; or

(6)           any wine containing deleterious, harmful or impure substances or elements or an improper balance of elements.

(d)  Coined Names

(1)           Mixture of Wines.  The sale in this State of wines identified on labels or in advertisements by a type or brand designation that implies mixtures of wines for which standards of identity are established in these Rules, or which identifying type or brand designation resembles an established wine type name such as "Angelica," "Madeira," "Muscatel," "Claret," "Burgundy," etc., is prohibited.

(2)           Combinations of Alcoholic Beverages.  The sale in this State of wines or combinations of wine and other alcoholic beverages that contain on the labels statements such as "whiskey wine," "rum and wine," "gin and wine," "beer and wine" or similar combinations is prohibited.

 

History Note:        Authority G.S. 18B‑206(a); 18B‑207;

Eff. January 1, 1982;

Amended Eff. July 1, 1992; May 1, 1984.