TECHNICAL AMENDMENT

July 15, 2014

 

      804 KAR 4:385. Using the word, ''Kentucky'', on wine labels prohibited; exceptions.

 

      RELATES TO: KRS 244.230, 244.235

      STATUTORY AUTHORITY: KRS 241.060, 244.230, 244.235

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the Alcoholic Beverage Control Board to promulgate administrative regulations governing the supervision and control of the sale, advertising, and trafficking of alcoholic beverages, and all other matters over which the board has jurisdiction. This administrative regulation establishes a mechanism to monitor compliance with KRS 244.235.

 

      Section 1. For the purpose of assuring compliance with KRS 244.235, when the word "Kentucky" is used on the label or any bottle of wine, the Department[Office] of Alcoholic Beverage Control may conduct product integrity investigations by reviewing documentation to determine the origin of the wine.

 

      Section 2. A licensee manufacturing wine that includes the word "Kentucky" on the label or bottle in accordance with KRS 244.235, shall keep and maintain records in accordance with KRS 244.150 and federal requirements sufficient to establish that seventy-five (75) percent of the grapes, grape juice, other fruits, other fruit juices, and honey used in making the wine were produced in Kentucky. If any portion of the final product to be sold originated from another producer and was blended into the wine produced, the records shall include documentation from sending producers sufficient to establish the origin of the wine.

 

      Section 3. Prior to using the word "Kentucky" on any label or bottle of wine, the manufacturer shall submit a copy of its federal certificate of label approval, or "COLA", required by 27 C.F.R. 4.50, to the Department[Office] of Alcoholic Beverage Control. (33 Ky.R. 1216; 1536; eff. 1-5-2007.)