14B NCAC 15C .0104      WINE PRODUCT BRAND

(a)  The Commission shall determine a product brand at the time the product is approved for sale in North Carolina. Later changes in the manufacturer's advertising strategy or labeling shall not affect the brand. Different packaging, style, type, or size of container, do not establish different brands. The name of the manufacturer shall not be the brand name unless no other information on the label qualifies as a brand.

(b)  For purposes of Bordeaux Chateau wine brought into North Carolina under the French negoçiant system only, "brand" as defined in 14B NCAC 15A .0103 shall be determined based on the nonresident wine vendor or importer's name on the back of the product label. For purposes of Bordeaux Chateau wines only, wines manufactured and marketed under a common identifying trade name such as "Chateau Domaine," but which may be imported into the United States through multiple channels based on written authorizations from French negoçiants would not be considered to be the same brand. Such written authorization must be submitted to the Commission on a form provided by the Commission prior to product approval or brand registration.

History Note:        Authority G.S. 18B-100; 18B-207; 18B-1203;

Eff. April 1, 2011;

Amended Eff. December 1, 2012;

Transferred and Recodified from 04 NCAC 02T .0104 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 19, 2017;

Readopted Eff. January 1, 2026.