EUROPEAN WINE LABELING RULES FOR U.S. WINES

January 2006
Wine Institute
International Department

I. Introduction

This document provides information regarding labeling rules for wines imported into the twenty-five countries of the European Union (“EU”). These countries are: Austria, Belgium, Cyprus., Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

Generally, the EU requires that wine imported from the U.S. comply with all BATF production regulations. Rules pertaining to labeling of U.S. wine are contained in EC regulation No. 753/2002, as amended and 1493/1999. These regulations are further modified by the Protocol on Wine Labeling in the recently signed U.S./EU wine agreement.

Every attempt has been made to provide accurate information, however the EU does make amendments to its regulations. In addition, some member states make different interpretations of current law. Also, the details of the new Protocol found in our recent trade agreement may not have been communicated to all European trade and officials.

Unlike the U.S., the EU provides no central label approval authority for pre-approval of labels. For wines imported into the UK, many wineries have found it helpful to request guidance from the enforcement authority in the UK, the Wine Standards Board. Information about this organization can be found at www.wsb.org.uk.

NOTE: Prior to the signing of the U.S./EU wine agreement, U.S. still wines below 9% actual alcohol and above 15% total alcohol were prohibited entry into the EU. This prohibition has been lifted and wines from 7% to 22% actual alcohol may be imported from the U.S.

II. General approach

The EU requires specific information to appear on all imported wines and limits the kind of information that may appear on the label. For wines bearing a geographic indication, additional information is allowed. Therefore, we have divided label requirements into three categories: mandatory information, supplemental information allowed on all labels and additional information allowed on wines with a geographical indication.

We have limited our guidance to bottled, still wines as this category represents the great majority of the labeled wines exported to the EU. Sparkling wine has slightly different rules. The full text of European regulation 753/2002 can be found at: http://europa.eu.int/eur-lex/en

III. Mandatory requirements

NOTE: The EU has announced allergen labeling requirements that include wine products. The customary statement is “contains sulphites” and must be included on the label if there is any detectable presence of sulphites in the final product. The UK will accept the spelling of sulphites with a “ph” or spelled with an “f” as used in the U.S. The statement is required as of November 25, 2005. The statement may appear as a sticker anywhere on the bottle as long as it forms part of the labeling information.
A significant complication is that, as a food regulation, member states may require the statement to appear in their official language(s). Although this matter is still being debated in the EU, many countries are currently requiring the statement in their language or that of a neighboring country. For the current status of this issue, please go to www.winescience.com.

Mandatory information must appear in a single field of vision.. The only exceptions are the lot mark, which may appear anywhere besides the cork, and the importer’s name and address, which may appear anywhere. All the mandatory information listed below mus.t be in type which is clear, legible and indelible. Unless a specific type size is prescribed, it must be sufficiently large enough to show up clearly against the background on which it is printed (recommended minimum size is 2 mm). Mandatory information must also be easily distinguishable from all other information and designs on the label.

Country of Origin

The country of origin of the wine must be included and stated either as “Wine of the United States,” “Wine of the United States of America,” or “Wine of the U.S.A”.

Actual Alcoholic Strength

Information regarding actual alcoholic strength must be indicated as a unit or a half-unit percentage by volume. In other words, this must be stated as either “X% vol.” or “X.5% vol.”. This percentage can be preceded by “actual alcoholic strength,” “actual alcohol,” or “alc.”. The most commonly used format is “Alc. X% Vol.”

Do not use the terms “by vol.”—the EU has specifically forbidden the use of this term. For still wine there is a tolerance of 0.5%, while sparkling, effervescent, and liqueur wines have a tolerance of 0.8%. (The “tolerance” is the amount by which the actual alcohol content can vary from the stated alcohol content on the label and on the certification document.) Discrepancies between the two may result in additional analysis being requested by enforcement authorities in the EU. For still wines labeled with a geographic area that have been stored for more than three years, the EU allows this tolerance to be increased by 0.3% to 0.8%.

Nominal Volume (Net Contents)

Note: The 187 milliliter package is only allowed for airlines, ships and tax-free business and premises where it is consumed, not for regular retail.

Importer’s Information

The name of the importer and the local administrative area (the county/city and country) where the importer’s head offices are located must appear. Placement may appear anywhere on the bottle. The importer’s address information should be preceded by an indication such as “importer,” “imported by,” etc. The type size must not be more than one half of the type size of the geographical indication.

Bottler’s Information

U.S. wines, which are later bottled in the EU, must include the head office address information (i.e. city, state) of the bottler. This information must be preceded by the term “bottler” or “bottled by.” Bag-in-box wines should read “packager” or “packaged by”. Wine bottled under contract must read “bottled for...by...” or “bulk-filled for...by...”. This information must appear in type size not more than one half the type size used for the geographic area, if mentioned, or the country of origin in the case that the geographic area is not mentioned.

Lot Mark

As of July 1, 1992, all wines must bear a “lot mark” for purposes of determining the lot or batch of wine to which the bottle belongs. There is great leeway as to what sort of coding system may be used to identify the lot—whether a winery wants to use a dating system, progressive numbers, and so forth. Bar codes are not acceptable because these are not legible to the consumer. A clear and indelible uppercase “L” must precede the mark. The code may appear anywhere on the package except on the cork.

IV. Geographic indications

A geographic indication may be a state, county or AVA. However, a country, i.e., U.S.A or America is not allowed. Percentage requirements must meet U.S. standards.

V. Information allowed on labels with a geographic indication

Vintage year – The minimum standard in the EU is 85%

Varietal – Vine varietal names are listed in the Protocol on Labeling in the U.S./EU agreement and correspond to those approved in TTB regulations. There is a provision in the agreement to amend the list as new vine variety names are approved by TTB. The required percentage for varietal designations for U.S. wine is 75%.

White Zinfandel is not an approved varietal name and cannot be used as a varietal designation in the EU.

Multiple varietals – The names of two or more varieties may be used provided that 100% of the grapes used are of the varieties indicated, not including any wine used for sweetening. Four or more varieties may only be identified on the back label (i.e. a label which does not include mandatory information items.)

Production method - If the following terms are used for the description and presentation of a wine, they must be used consistent with U.S. regulations that prohibit consumer deception. The wine must have been matured, fermented or aged in wood/oak or wood/oak barrels or wood/oak tanks:

Other terms related to the making of a wine may be used for the description and presentation of the wine, provided that the wine has been made in accordance with the meaning of those terms as generally used and understood by winemakers in the wine producing country and that the use of those terms does not mislead consumers.

Terms: Notwithstanding the EU regulation 753/2002, as amended, U.S. labels may use the terms clos, classic, and chateau if approved for use on U.S. wine labels on a COLA. The use of the term, reserve, formerely restricted, is now accepted in the EU.

Estate Bottled: May be used on a label identified by an AVA.
Awards, competitions: Reference may be made to an award or medal won by the wine in the bottle in a competition published in a list reviewed periodically by the European Commission.

VI. Additional information allowed on all labels

Brand Name

The brand name may appear as long as it is not “confusing to the consumer” or in violation of EU proprietary terms.

Sweetness level of the product