Industry Circular

Number: 93-4

Date: March 16, 1993

Department of the Treasury
Bureau of Alcohol, Tobacco, and Firearms
Washington, D.C. 20226

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RESCISSION OF CERTIFICATES OF ANALYSIS REQUIREMENTS FOR IMPORTED ITALIAN WINES

Importers, Wholesalers, and Others Concerned:

PURPOSE. The purpose of this industry circular is to notify importers and wholesalers that the existing requirements for certificates of analysis for methyl isothiocyanate (MITC) for wines coming from the Veneto region of Italy are rescinded.

BACKGROUND. In January 1992, the Bureau of Alcohol, Tobacco and Firearms (ATF) learned from news sources of the arrest of various individuals involved in the adulteration of Italian wines from the Veneto region. The adulterant was determined to be MITC, a pesticide used to retard spoilage. ATF immediately initiated a testing program for wines from the Veneto region of Italy leading to the discovery of the adulterated wines in the U.S. market. The Food and Drug Administration (FDA) advised ATF that any wine containing 0.02 parts per million (ppm) and above of MITC would be considered adulterated pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 342(a)(2)(C) and 348. ATF stated that any such wines would also not be in compliance with the labeling provisions of the Federal Alcohol Administration Act, 27 U.S.C. §§ 205(e). Permittees were cautioned that the marketing of an adulterated and mislabeled wine under the interstate and foreign commerce jurisdiction of the Federal Alcohol Administration Act was unlawful.

Consequently, procedures were put in place requiring importers to present to U.S. Customs certificates of analysis for MITC for all wines coming from the Veneto region of Italy, and to submit copies to ATF's Special Programs Branch (CO). These procedures were set forth in industry circular (IC) 92-1 dated March 16, 1992; and were to be in place until such time that ATF rescinded the circular.

Further testing by ATF of over 100 samples of wine from the Veneto region of Italy, utilizing certificates of analysis submitted by importers, has disclosed that none of these wines contained 0.02 ppm or above for MITC.

ACTION. Based on test results, we notified U.S. Customs that effective March 17, 1993, certificates of analysis for MITC for wines coming from the Veneto region of Italy will no longer be

required to be presented to U.S. Customs by importers in order to effect the importation of these wines. All instructions and directives requiring certificates of analysis for testing Italian wines from the Veneto region of Italy for MITC are rescinded.

This industry circular supersedes the instructions contained in IC 92-1.

INQUIRIES. Inquires concerning this industry circular should refer to its number and be directed to the Special Programs Branch (CO), Bureau of Alcohol, Tobacco and Firearms, Washington, DC 20226.

Director