Rev. Proc. 58-21

SECTION 1. PURPOSE.

The purpose of this Revenue Procedure is to announce an experimental study for removing excess color from white wines, other than vermouth, and the conditions to be met by winemakers desiring to participate.

SEC. 2. BACKGROUND.

Revenue Procedure 57-35, C.B. 1957, 1108, holds that the use of activated carbon or other filtering aids and devices in the treatment and production of special natural wines (or the wine-producing material) indicated that color and other characteristics of the wine may have been removed. Accordingly, a minimum color of not less than 1.0 Lovibond in a one-half inch cell was established unless it was shown that the requirements of the Wine Regulations had been complied with in all respects. Subsequent to the issuance of Revenue Procedure 57-35, members of the wine industry represented to the Alcohol and Tobacco Tax Division that white wines of a color of less than 1.0 Lovibond scale could be achieved in regular white wine production procedures and that the treatment of white wine with activated carbon to remove excess color to a degree of less than 1.0 Lovibond scale would not remove color or other characteristics of the wine to any extent prohibited by law.

SEC. 3. EXPERIMENTAL STUDY AND DURATION.

In order to determine a practical application of the regulations in regard to the removal of excess color from such white wines with the use of activated carbon, it has been decided that the Alcohol and Tobacco Tax Division will engage in an experimental study jointly with the wine industry, effective immediately, and to expire June 30, 1959. On or before June 30, 1959, the data obtained from the study will be correlated and evaluated by the Division.

SEC. 4. PROCEDURE.

Any proprietor desiring to engage in this experiment should file with his Assistant Regional Commissioner, Alcohol and Tobacco Tax, in duplicate, an application for continuing authority to use activated carbon under section 240.527 of the Wine Regulations. Such application should contain all information required by the regulations and also:

(a) Indicate the length of time that the carbon will be in contact with the wine.

(b) State approximate temperature of wine during treatment.

(c) Describe or explain any unusual factors of the treatment.

(d) Explicitly specify the quantity of activated carbon to be used, such as 8 pounds per 1,000 gallons will be used, or 5 to 8 pounds per 1,000 gallons will be used.

A separate application for each batch of wine to be treated will not be required.

SEC. 5. SAMPLES.

During the trial period, samples as needed will be taken both by the Government and by the proprietor for the purpose of determining the effect of the use of activated carbon and the amount of color removed, as well as for comparative tests of other characteristics of the wine.

SEC. 6. CONDITIONS.

Proprietors participating in this experimental study shall conform with the following conditions:

(a) Nine pounds of activated carbon per 1,000 gallons of wine, including any activated carbon used in the basic wine-producing material, is the absolute maximum which may be used.

(b) Wine treated with activated carbon must have a color of not less than 0.6 Lovibond in a one-half inch cell; however, if a proprietor can achieve in regular production of wine a color of less than 0.6 Lovibond scale, without the use of carbon, such procedure may be properly followed.

(c) The 0.6 Lovibond restriction applies whenever carbon is used on bonded winery premises; it would not apply to carbon treatment of wine spirits on distilling premises.

(d) The proprietor must keep commercial records which shall show for each batch of wine or basic wine-producing material treated with carbon the exact details of such treatment including the kind of juice, by grape variety, and the kind of carbon used.

(e) Where wine is treated under this experiment and is later transferred in bond, a notation will be made on Form 703, Transfer of Wine in Bond, by the consignor and in the records of the consignee as to the quantity of activated carbon used for the treatment prior to shipment. A second treatment may be made if the total use of activated carbon does not exceed 9 pounds per 1,000 gallons of wine, i.e., if 5 pounds of activated carbon per 1,000 gallons were used in the first treatment, not more than 4 pounds of activated carbon per 1,000 gallons could be used in the second treatment.

SEC. 7. EFFECT ON OTHER DOCUMENTS.

The provisions of Revenue Procedure 57-35, C.B. 1957-2, 1108, are hereby made inapplicable during the experimental period established by this Revenue Procedure.

SEC. 8. INQUIRIES.

Inquiries concerning this Revenue Procedure should refer to its number and be addressed to the office of the appropriate Assistant Regional Commissioner, Alcohol and Tobacco Tax.