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

(a)  Except as provided in 14B NCAC 15B .0216 for special orders, the Commission shall approve wine products prior to the wine products being offered for sale in the State. The Commission shall provide blank Application for Wine Label and Products forms through the Commission's website or upon request. Thereafter, approved wine products sold in this State shall conform to the analysis as submitted on the application form.

(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 Application for Wine Label and Products;

(2)           submit separate applications for fortified and unfortified wine products;

(3)           attach all wine product labels that are specified on the application to the 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), found for free at https://www.ttb.gov/alfd/certificate-of-label-aproval-cola, to the application; and

(6)           submit required items to the Commission Product Section at product@abc.nc.gov.

(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.

(g)  Each Application for Wine Label and Products shall include the following information:

(1)           the trading as name of the applicant;

(2)           the applicant's North Carolina ABC permit number;

(3)           the mailing address of the applicant;

(4)           the name, email address, and telephone number of the contact person for the applicant;

(5)           whether the application is for a new wine, a transfer of a wine brand to a new supplier; or a revision of a previously approved wine product which requires the inclusion of the North Carolina product code number on the form;

(6)           the brand name of the wine;

(7)           the fanciful name of the wine;

(8)           the class or type of wine as identified in Subpart C of 27 CFR Part 4, available free of charge at https://www.ecfr.gov/current/title-27/chapter-I/subchapter-A/part-4/subpart-C;

(9)           the grape varietal if indicated on the label;

(10)         the appellation of the wine:

(11)         the types and sizes of containers included for approval;

(12)         indicate whether the applicant is the primary source of supply in the United States for the product;

(13)         indicate whether the wine is a Bordeaux to determine whether a negociant form is required;

(14)         the applicant must indicate whether the brand is a private label that is owned by a specific retail permittee; and,

(15)         the product analysis certification on the application must include the name of the certifier, the alcohol by volume resulting from the certifier's analysis, and the signature and title of the certifier.

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;

Readopted Eff. February 1, 2026.