Current through October 31, 2024
Section 5.41 - Alteration of labels(a)Prohibition. It is unlawful for any person to alter, mutilate, destroy, obliterate or remove any mark, brand, or label on distilled spirits in containers held for sale in interstate or foreign commerce, or held for sale after shipment in interstate or foreign commerce, except as authorized by §§ 5.42 , 5.43, or 5.44, or as otherwise authorized by Federal law.(b)Authorized relabeling. For purposes of the relabeling activities authorized by this subpart, the term "relabel" includes the alteration, mutilation, destruction, obliteration, or removal of any existing mark, brand, or label on the container, as well as the addition of a new label (such as a sticker that adds information about the product or information engraved on the container) to the container, and the replacement of a label with a new label bearing identical information.(c)Obligation to comply with other requirements. Authorization to relabel under this subpart:(1) In no way authorizes the placement of labels on containers that do not accurately reflect the brand, bottler, identity, or other characteristics of the product;(2) Does not relieve the person conducting the relabeling operations from any obligation to comply with the regulations in this part and with State or local law; and,(3) Does not relieve the person conducting the relabeling operations from any obligation to obtain permission from the owner of the brand where otherwise required.T.D. 7020, 34 FR 20337, 12/30/1969, as amended by T.D. ATF-36, 41 FR 47426, 10/29/1976; 87 FR 7579 , 3/11/2022