The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Age--The period during which, after distillation and before bottling, distilled spirits have been stored in oak containers. "Age" for bourbon whiskey, rye whiskey, wheat whiskey, malt whiskey, or rye malt whiskey, and straight whiskies other than straight corn whiskey, means the period the whiskey has been stored in charred new oak containers.
2. (2) Bottle--Any container, irrespective of the material from which made, used for the sale by the package of distilled spirits at retail.
3. (3) Brand label--The principal display panel that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale, and any other label appearing on the same side of the bottle as the principal display panel. The principal display panel appearing on a cylindrical surface is that 40% of the circumference which is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.
4. (4) Distilled spirits--Alcohol, ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, other distilled spirits, and any liquor produced in whole or in part by the process of distillation, including all mixtures and dilutions thereof.
5. (5) Domestic--Produced in any state of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico.
6. (6) Export--Shipment, by an authorized permittee, out of this state for consumption outside this state or sold aboard ship for ship's supplies and exempt from the tax levied in §201.08, Alcoholic Beverage Code.
7. (7) Gallon--United States gallon of 231 cubic inches of alcoholic beverage of 60 degrees Fahrenheit. All other liquid measures used are subdivisions of the gallon as so defined.
8. (8) Imported--Produced at any place not included in the meaning of "domestic."
9. (9) In bulk--In containers having a capacity in excess of one gallon.

10. (10) Industrial use--

    1. (A) Use of products not intended for human consumption.
    2. (B) Use in the manufacture of products not intended for human consumption.
    3. (C) Use in the manufacture of products for human consumption as authorized under §38.01 et seq. Alcoholic Beverage Code.
11. (11) Produced at--As used in §45.4 of this title (relating to the Standards of Identity) in conjunction with specific degrees of proof to describe the standards of identity, means the composite proof of the spirits after completion of distillation and before reduction in proof.
12. (12) Proof--The measure of alcohol content in which one degree of proof represents one-half of 1.0% by volume of ethyl alcohol having a specific gravity of 0.7939 at 60 degrees Fahrenheit referred to water at 60 degrees Fahrenheit as unity, or the alcoholic equivalent thereof.
13. (13) Proof gallon--A gallon of liquid at 60 degrees Fahrenheit which contains 50% by volume of ethyl alcohol having a specific gravity of 0.7939 at 60 degrees Fahrenheit referred to water at 60 degrees Fahrenheit as unity, or the alcoholic equivalent thereof.
14. (14) United States--The several states and territories and the District of Columbia; the term "state" includes a territory and the District of Columbia; and the term "territory" means the Commonwealth of Puerto Rico.

Source Note:The provisions of this §45.2 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3095.