Section 5.38 - [Effective until 3/11/2022] Net contents(a)Standards of fill. The net contents of distilled spirits shall be stated in metric measure. The equivalent standard U.S. measure may also be stated on the container in addition to the metric measure. See§ 5.47a of this part for tolerances and for regulations pertaining to unreasonable shortages.(b)Bottles not conforming to the metric standards of fill. The net contents for distilled spirits bottled before January 1, 1980, in bottles not conforming to the metric standards of fill, shall be stated in the same manner and form as set forth in § 5.47(a) , except for cordials and liqueurs, cocktails, highballs, bitters and specialties, as specified by the Administrator. The net contents for these specialty products shall be stated in U.S. measure (i.e., gallons, quarts, pints, fluid ounces).(c)Net contents marked in bottles. The net contents need not be marked on any lable if they are legibly blown, etched, sandblasted, marked by underglaze coloring, or otherwise permanently marked by any method approved by the appropriate TTB officer on the side, front, or back of the container in an unobscured location. containers of 200 ml or greater capacity shall bear letters and figures of not less than one-quarter inch height.(d)Qualifying statements. Words or phrases qualifying statements of net contents are prohibited.Sec. 5, 49 Stat. 981, as amended ( 27 U.S.C. 205 ); 26 U.S.C. 5301
T.D. ATF-146, 48 FR 43321, 9/23/1983, as amended by T.D. ATF-249, 52 FR 5956, 2/27/1987; T.D. TTB-165, 85 FR 85520, 12/29/2020