14B NCAC 15C .0202      WINE APPROVALS; LISTING IN STATE

(a)  Except as provided in 14B NCAC 15B .0216 for special orders, all wine products offered for sale in this State shall first be approved by the Commission. The Commission shall provide blank Label/Product Application Forms upon request. Thereafter, any approved wine product sold in this State shall conform to the analysis of the samples submitted.

(b)  The Commission shall approve a wine product if:

(1)           the procedure for approval is complied with as required in Paragraph (d) of this Rule;

(2)           it is a fortified wine product that the alcohol by volume is above 16 percent and no more than 24 percent;

(3)           it is an unfortified wine product that the alcohol by volume is 16 percent or less;

(4)           the wine product meets or exceeds the packaging requirements as required in 14B NCAC 15C .0301, and

(5)           at the time of consideration, the Commission does not have evidence to suspect that the product:

(A)          contains harmful or impure substances;

(B)          contains an improper balance of substances, based on studies by universities, laboratories, the Commission or other scientific studies;

(C)          is a spurious or imitation product; or

(D)          is unfit for human consumption.

(c)  Procedure for Approval. To receive consideration for approval by the Commission for a new wine product, an industry member shall comply with the following procedures:

(1)           submit a completed Label/Product Application Form;

(2)           submit separate Label/Product Application Forms for fortified and unfortified wine products;

(3)           attach all wine product labels that are specified on the Label/Product Application Form to the Label/Product Application Form;

(4)           upon request from the Commission, submit a 500 milliliter (or a larger size if 500 milliliter is not available) bottle of each product offered;

(5)           attach a copy of the Federal Label Approval Form (COLA) to the Label/Product Application Form;

(6)           submit a non-refundable analysis fee in the form of a certified check, cashier's check or money order in the amount of twenty-five dollars ($25.00) for each new wine product submitted, except if an analysis certified by a laboratory of the product is submitted, submit a non-refundable administrative fee as set out in G.S. 18B-206(c) in the form of a certified check, cashier's check or money order; and

(7)           forward all required items to the North Carolina Alcoholic Beverage Control Commission, 4307 Mail Service Center, Raleigh, North Carolina 27699-4307.

(d)  If an analysis of a product is submitted, it shall provide at least the following information in English:

(1)           alcohol by volume (percent);

(2)           total acidity (g/100 cc as tartaric acid);

(3)           total sulphur dioxide content (ppm);

(4)           volatile acidity, exclusive of sulphur dioxide (g/100 cc as acetic acid);

(5)           alcohol-free soluble solids (degrees/Brix degrees/Balling);

(6)           identity and quantity of any added chemical preservative; and

(7)           the amount of any fortified stimulant per container.

(e)  The Commission shall withdraw approval of a wine product when the Commission has evidence to suspect that the product:

(1)           contains harmful or impure substances;

(2)           contains an improper balance of substances;

(3)           is a spurious or imitation product; or

(4)           is unfit for human consumption.

The wine product shall not be reapproved until the Commission has evidence that proves otherwise.

(f)  A person possessing wine products that have had the approval withdrawn by the Commission shall have 60 days after notice of the withdrawal to sell or otherwise dispose of the wine products.

History Note:        Authority G.S. 18B-100; 18B-203(a)(5); 18B-206; 18B-207;

Eff. January 1, 1982;

Amended Eff. April 1, 2011; July 1, 1992; May 1, 1984;

Transferred and Recodified from 04 NCAC 02T .0202 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 19, 2017.