§ 5388. Designation of wines
(a)
Standard wines
Standard wines may be removed from premises subject to the provisions of this subchapter and be marked, transported, and sold under their proper designation as to kind and origin, or, if there is no such designation known to the trade or consumers, then under a truthful and adequate statement of composition.
(b)
Other wines
Wines other than standard wines may be removed for consumption or sale and be marked, transported, or sold only under such designation as to kind and origin as adequately describes the true composition of such products and as adequately distinguish them from standard wines, as regulations prescribed by the Secretary shall provide.
(c)
Use of semi-generic designations
(1)
In general
Semi-generic designations may be used to designate wines of an origin other than that indicated by such name only if—
(2)
Determination of whether name is semi-generic
(3)
Special rule for use of certain semi-generic designations
(A)
In general
In the case of any wine to which this paragraph applies—
(B)
Requirements
(i)
The requirement of this clause is met if there appears in direct conjunction with the semi-generic designation an appropriate appellation of origin disclosing the origin of the wine.
(ii)
The requirement of this clause is met if the wine conforms to the standard of identity, if any, for such wine contained in the regulations under this section or, if there is no such standard, to the trade understanding of such class or type.
(iii)
The requirement of this clause is met if the person, or its successor in interest, using the semi-generic designation held a Certificate of Label Approval or Certificate of Exemption from Label Approval issued by the Secretary for a wine label bearing such brand name, or brand name and fanciful name, before March 10, 2006, on which such semi-generic designation appeared.
(C)
Wines to which paragraph applies