Above three liters
On this page9
The provision
"Wine may be bottled or packed in containers of 4 liters or larger if the containers are filled and labeled in quantities of even liters (4 liters, 5 liters, 6 liters, etc.)."
Which is a different kind of rule
Below three liters the question is whether a size is on a list. Above four liters the question is whether a number is a whole liter. A closed enumeration becomes an open test.
Note the gap
The list tops out at 3 liters and the even-liter provision starts at 4. There is no 3.5 liter wine, and the gap is in the regulation rather than in the market.
This is why boxed wine works
A bag-in-box at 3 liters is on the list, and at 5 liters it is an even liter. Both are lawful, which is exactly why those are the two sizes the format is sold in.
And why 4.5 liters is not a product
It would be a lawful bottle size for nothing. The rule is simple enough that it is easy to comply with and absolute enough that a near miss is a complete miss.
Packed, not just bottled
The wording covers containers packed as well as bottled, which is what brings a bag inside a carton inside the same rule as a glass bottle.
Large formats are a different packaging business
A 5 liter bag-in-box is a bag supplier, a tap supplier and a carton converter rather than a bottle supplier. Nothing in this catalog serves it, and that is worth saying plainly.
The warning type size changes up here too
The Government Warning minimum steps up above 3 liters. A large format is a different label layout as well as a different container.