(a) Removal of accidentally added water without prior TTB approval. If a proprietor accidentally adds to standard wine water in excess of limitations specified in subpart F of this part and this subpart, the accidentally diluted wine may be returned to its original condition through:

(1) The use of reverse osmosis and distillation without prior application to TTB provided that:

(i) The accidentally added water represents no more than 10 percent of the original volume of the wine;

(ii) The wine is returned to its original condition by removing an amount of water equal to the amount that was accidentally added to the wine;

(iii) The vinous character of the wine is not altered;

(iv) The proprietor transfers the wine in bond to a distilled spirits plant for treatment; and

(v) Records are maintained in accordance with paragraph (c) of this section; or

(2) By adding juice concentrate under the conditions outlined in § 24.180 without prior application to TTB provided that:

(i) The accidentally added water represents no more than 10 percent of the original volume of the wine;

(ii) The solids content of the finished wine do not exceed 21 percent by weight;

(iii) The proprietor complies with any State or local rules regarding the addition of juice concentrate; and

(iv) Records are maintained in accordance with paragraph (c) of this section.

(b) Removal of accidentally added water with TTB approval. If a proprietor accidentally adds water to standard wine and the accidentally added water represents more than 10 percent of the original volume of the wine, then the proprietor must request permission from TTB prior to treating the wine. A proprietor may submit an application requesting permission to treat the wine to remove the water and return the wine to its original condition. The removal of water may not be conducted until the appropriate TTB officer has approved the request. The application which is to be submitted to the appropriate TTB officer, must be in writing, must provide evidence of the exact amount of water accidentally added to the wine and an explanation of how the water was accidentally added, and must specify the method the proprietor will use to remove the water from the wine. In approving any request under this section, the appropriate TTB officer may require the proprietor to take steps to prevent future accidental additions of water to wine. In evaluating any request under this section, the appropriate TTB officer may consider as a factor whether the proprietor has demonstrated good commercial practices, taking into account the proprietor's prior history of accidental addition of water to wine and of compliance with other regulations in this part.

(c) Records. The proprietor must, with respect to removals of water from wine and addition of concentrate authorized under this section, maintain records that document the accidental addition of water, the use of any treatment or process to remove the water from the wine, and the fact that only the amount of water that was accidentally added to the wine was removed as a result of the treatment or process or that only an amount of concentrate sufficient to make up for the amount of water accidentally added is used.

[T.D. TTB-185, 87 FR 51903, Aug. 24, 2022]