27 CFR Part 5 contains the Alcohol and Tobacco Tax and Trade Bureau's (TTB) labeling and advertising regulations for distilled spirits, issued under the Federal Alcohol Administration (FAA) Act. TTB comprehensively recodified Part 5 in 2022 (T.D. TTB-176, effective February 2022), reorganizing the part into subparts and renumbering nearly every section — the old § 5.32/§ 5.40-style citations found in older guidance are obsolete. This page uses the current section numbers.

Who Must Comply

Part 5 applies to distilled spirits for beverage (nonindustrial) purposes, whether domestically bottled or imported — there is no minimum alcohol content threshold as there is for wine. Under 27 CFR 5.3, a container is labeled in accordance with the part only if it satisfies the label standards of Subpart D, the mandatory information rules of Subpart E, the restricted-statement rules of Subpart F, the prohibited and regulated practice rules of Subparts G and H, and the standards of identity in Subpart I.

Certificate of Label Approval (§§ 5.21, 5.24)

Under 27 CFR 5.21, no person may bottle distilled spirits without first applying for and obtaining a certificate of label approval (COLA) from TTB. This applies to spirits produced and bottled in the United States and to spirits imported in bulk and bottled domestically; a certificate of exemption is available only for spirits that will not enter interstate commerce (§ 5.23). Under 27 CFR 5.24, spirits imported in containers may not be removed from customs custody for consumption without a COLA (or authorization to use one). TTB reviews labels against Part 5 during COLA processing, so labeling errors typically surface as COLA rejections before a product launches.

Mandatory Label Information (§ 5.63)

27 CFR 5.63 divides mandatory information into two groups. The first three items must appear within the same field of vision — meaning a single side of the container (for a cylindrical container, 40 percent of the circumference) where all three can be viewed simultaneously without turning the container:

The same-field-of-vision rule was one of the notable modernizations of the 2022 recodification — under the pre-2022 rules, brand name and class/type had to appear on the "brand label" (front label). The current rule gives packaging designers flexibility as long as the three core items read together on one side of the container.

Brand name (§ 5.64). Every distilled spirits label must include a brand name. If the product is not sold under a brand name, the bottler's, distiller's, or importer's name in the name-and-address statement is treated as the brand name. Misleading brand names are prohibited.

Net contents (§ 5.70) must be stated in metric measure, consistent with the authorized standards of fill discussed below.

Alcohol Content and Proof (§ 5.65)

Alcohol content must be stated on every distilled spirits label as a percentage of alcohol by volume, in a format such as "Alcohol 40% by volume" or "40% alc/vol" (§ 5.65(b)). Products containing a significant amount of material that may absorb spirits after bottling (such as solid fruit) must state alcohol content at the time of bottling: "Bottled at ___ percent alcohol by volume."

• Proof is optional, not a substitute: degrees of proof may be added as long as the proof statement appears in the same field of vision as the mandatory alcohol-by-volume statement

• Tolerance: § 5.65(c) allows a tolerance of plus or minus 0.3 percentage points between actual and labeled alcohol content — much tighter than the 1.0–1.5 point tolerances allowed for wine

State of Distillation for Whisky (§ 5.66(f))

For most types of American whisky — including bourbon whisky, rye whisky, wheat whisky, malt whisky, and their "straight" counterparts as defined in § 5.143 — the State of original distillation must appear on the label (§ 5.66(f)). It may be shown through a "distilled by" statement with a single location, a "bottled by" address that includes the state of distillation, the state name immediately adjacent to the class or type designation (such as "Kentucky bourbon whisky," permitted only if the whisky was both distilled and aged in that state), or a separate statement such as "Distilled in [State]." TTB may require additional disclosure where a label would otherwise mislead as to the true state of distillation — a rule aimed squarely at sourced-whisky brands.

Age Statements (§ 5.74)

27 CFR 5.74 governs statements of age, storage, and percentage. Key rules:

• Age means the time the spirits were stored in oak barrels after distillation and before bottling; for bourbon, rye, wheat, malt, and rye malt whisky (and most straight whiskies), aging must occur in charred new oak barrels

• Understating age is permitted; overstating is prohibited — and an age statement may not conflict with the standard of identity (a "straight" rye whisky cannot be labeled "Aged 1 year" because straight whisky requires 2 years by definition)

• Age may be stated in years, months, or days, and certain classes (whisky under 4 years old, among others) trigger mandatory age statements under the section's later paragraphs

Standards of Identity (§§ 5.141–5.156)

Subpart I divides distilled spirits into classes and types — the "standards of identity" — and § 5.141 requires every label to bear the appropriate class, type, or other designation. The subpart runs from neutral spirits and whisky (§ 5.143) through gin, brandy, rum, agave spirits, and liqueurs, ending with distilled spirits specialty products (§ 5.156), which take a truthful and adequate statement of composition in place of a standard designation. Each standard carries detailed composition, proof, and production requirements — see the companion guide on distilled spirits standards of identity for the class-by-class rules.

Standards of Fill (§ 5.203)

Distilled spirits may only be bottled in the authorized container sizes listed in 27 CFR 5.203. Following TTB's January 2025 amendment, the authorized metric standards of fill run from 50 mL to 3.75 liters — including 1.75 L, 1 L, 750 mL, 720 mL, 700 mL, 500 mL, 375 mL, 355 mL, 200 mL, 100 mL, and 50 mL, among others. A label stating a net contents outside the authorized list is a compliance failure regardless of accuracy.

Prohibited Practices and Health Statements (Subparts G–H)

Subparts G and H prohibit false or misleading statements, disparagement, obscene or indecent matter, misleading guarantees, and implied endorsements on labels, containers, and packaging. Of particular note, 27 CFR 5.129 governs health-related statements: labels may not carry any health-related statement that is untrue or tends to create a misleading impression about the effects of alcohol consumption on health. The section defines health-related statements broadly — including curative and therapeutic claims, general wellness references, statements of nutritional value such as vitamin content, and even claims implying a physical or psychological sensation from consumption. Specific health claims require TTB approval, FDA consultation, substantiation, and prominent risk disclosure — a bar effectively no spirits label meets.

Separately, TTB's proposed Alcohol Facts rule (Notice No. 237, January 2025, comment period extended) would mandate per-serving alcohol, calorie, and nutrient content statements on spirits labels, alongside a companion major-allergen labeling proposal. Both remain proposed, not final, as of August 2026.

How Truli Helps with Distilled Spirits Label Compliance

• Recodification-current scanning: Truli's AI agents check spirits labels against the post-2022 Part 5 text — same-field-of-vision placement, § 5.65 alcohol content format, and § 5.70 net contents — citing current section numbers per finding

• Class and type verification: Truli compares the labeled designation against the Subpart I standards of identity, flagging designations the product's composition or production process cannot support

• Age and origin claim review: Truli flags age statements, "straight" designations, and state-of-distillation presentations that conflict with §§ 5.66(f) and 5.74

• COLA-readiness checks: Truli screens labels for the prohibited practices and health-related statements under Subparts G–H that commonly trigger TTB COLA rejections

Related Regulations

• Distilled Spirits Standards of Identity — The class-by-class composition and production rules deferred from this overview

• 27 CFR Part 4 — Wine Labeling — TTB's parallel labeling rules for wine

• 27 CFR Part 7 — Malt Beverage Labeling — TTB's parallel labeling rules for beer and other malt beverages

• 27 CFR Part 16 — Health Warning Statement — The GOVERNMENT WARNING required on all alcoholic beverages at 0.5% ABV or more

• 27 CFR Part 13 — COLA Label Approval — How TTB issues, revokes, and appeals certificates of label approval

Frequently Asked Questions

Do I still cite the old Part 5 section numbers like § 5.32?
No. TTB recodified Part 5 effective February 2022 (T.D. TTB-176). Mandatory label information now lives at § 5.63, alcohol content at § 5.65, age statements at § 5.74, and standards of identity at §§ 5.141–5.156. Guidance, checklists, and label templates built on pre-2022 numbering should be treated as unreliable.

Is a proof statement required on a spirits label?
No — the mandatory statement is percentage of alcohol by volume under § 5.65. Proof is optional and, if used, must appear in the same field of vision as the alcohol-by-volume statement (additional proof statements may appear elsewhere).

How accurate does my labeled alcohol content need to be?
Within 0.3 percentage points of actual content, above or below, under § 5.65(c). This is far tighter than wine's tolerance, so bottling-line proofing variation matters: a vodka labeled 40% alc/vol must measure between 39.7 and 40.3 percent.

Can I bottle spirits in any container size?
No. Only the metric standards of fill authorized in § 5.203 may be used — from 50 mL through 3.75 L. Sizes outside the list (for example, a 400 mL bottle) may not be sold in the U.S. market even with accurate net contents labeling.

A note from Truli: Truli is not a law firm, and this article does not constitute or contain legal advice or create an attorney-client relationship. When determining your obligations and compliance with respect to relevant laws and regulations, you should consult a licensed attorney.

Last updated: August 2026. Reflects 27 CFR Part 5 as of August 2026. Truli monitors TTB rulemaking and enforcement, including the pending Alcohol Facts proposal. Book a demo to see how.