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Alcohol FAQs

Revised: 04/06

General Questions | Business Questions | Advertising, Labeling and Formulation | Organic Alcohol | Spirits | Wine | Beer | COLAs Online | Flavored Malt Beverages

DISCLAIMER - The Director, Regulations and Rulings Division of the Alcohol and Tobacco Tax and Trade Bureau (TTB) attempts to keep the answers to these questions current and accurate.  However, TTB does not guarantee that this information is 100 percent accurate.  In addition, the information may be modified, superseded, or made obsolete by recent changes in laws and regulations. 

If you want to know about recent changes in the law and regulations, you may visit the following Web sites:  http://thomas.loc.gov/ and http://www.gpoaccess.gov/fr/index.html. If you are concerned with the accuracy of this information, please contact TTB. Also, you may contact your legal advisor.

General Questions

G1:

Can I produce beer, wine or spirits for my personal or family use without paying federal excise tax and filing federal paperwork?

G2:

What are the federal and state excise taxes imposed on alcohol (spirits, wine or beer)?

G3:

Who can I contact when I have a complaint or suspect illegal activity by a bar, club, liquor store, restaurant or other business selling beverage alcoholic products (spirits, wine or beer)?

G4:

Does TTB have information or studies about the effects of consuming alcohol?

G5:

How does TTB change its regulations?

G6:

Can a student make alcohol as part of a science fair project?

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Business Questions

BU1:

What must I do if I want to start a business that sells or imports beverage alcohol products (spirits, wine, or beer)?

BU2:

What is required to sell beverage alcohol products (spirits, wine, or beer) on the Internet?

BU3:

Can a business get back the tax money from alcohol or tobacco if the product is destroyed in a disaster such as a fire, earthquake, flood, or tornado?

BU4:

I do not run a bar or liquor store, but sometimes I include alcohol beverages with my product or service. Do I owe Special Occupational Tax (SOT) as a liquor dealer?

BU5:

I want to open a business that sells beverage alcohol products at retail such as a bar, catering service or carryout, how do I get a license and will I owe any Federal Tax or Fees?

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ADVERTISING, LABELING AND FORMULATION

A1:

Questions and Answers for TTB Ruling on Caloric and Carbohydrate Representations in Alcohol Beverage Labeling and Advertising.

A2:

I live in Pennsylvania and wish to send alcohol to my father in Arizona for his birthday. May I send this package through the mail or does the distributor have to send the package?

A3:

Does TTB charge a fee for label approval? If so, how much does it cost?

A4:

As a student at the University of Kansas, I am researching why alcohol beverages do not have a nutritional value label as do all other foods, includingwater. I would like to know the calorie content and other information of my drink.

A5:

I am trying to determine what I need to do to make and sell a fermented apple cider with alcohol content under 7 percent by volume. The Food and Drug Administration claims that this falls entirely within their jurisdiction. Does TTB also regulate these products?

A6:

How Long Does It Take To Get Label Approval?

A7:

Must I have an TTB permit before I can apply for label approval?

A8:

How do I secure a TTB permit or a brewer’s notice?

A9:

What does it mean when your labels are approved?"

A10:

If I have an alcohol beverage with an etched or acetate label on the bottle, how do I show that information on the certificate of label approval?

A11:

How do I request informal or preliminary comments on a proposed label?

A12:

If I am only adding my Internet Web site address to a certificate of label approval, do I need to get a new label approval?

A13:

How can I check the status of my label application?

A14:

May I submit my label application electronically?

A15:

What is a Statement of Process?

A16:

I operate a winery and was asked to sell wine bearing a “customized/personalized” label that my customers will use for weddings, corporate events, etc.  How do I do this without having to submit each label for approval?

A17:

What are bioengineered foods?

A18:

Do bioengineered ingredients have any apparent health and safety risks when used in the production of alcohol beverages?

A19:

What is TTB's position with regard to the labeling statements about alcohol beverage products that are not bioengineered or that do not contain ingredients produced from bioengineered foods?  For example, "Contains No GMOs,” “GMO Free-Zone" or any similar references on alcohol beverages?

A20:

What is required when applying for a certificate of exemption from label approval for my wine label instead of a Certificate of Label Approval on Form 5100.31?

A21:

Questions and Answers regarding Major Food Allergen Labeling for Wines, Distilled Spirits and Malt Beverages.

A22:

Questions and answers about third party representation in labeling and formulation matters.

A23:

Questions and answers about TTB Form 5100.51, Formula and Process for Domestic and Imported Alcohol Beverages.

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ORGANIC ALCOHOL

OA1:

Are ingredient statements still required for 100 percent organic products, “organic” products (at least 95% organic), or “made with organic ingredients” (at least 70 percent organic ingredients)?

OA2:

My label was approved with the 10/21/04 expiration date because it was missing the ingredient statement. It otherwise complies with the National Organic Program. What should I do?

OA3:

My organic certificate of label application received a 10/21/03 expiration date, and I still have non-National Organic Program compliant product in my warehouse. Do I need to get a new label approval?

OA4:

I understand the United States Department of Agriculture finalized regulations relating to the National Organic Program at 7 CFR part 205. How do these regulations affect the organic alcohol that I produce?

OA5:

Will I have to change my label to comply with these new regulations?

OA6:

When does my product have to comply with these new regulations?

OA7:

TTB has approved my previously submitted organic certificates of label approval with an expiration date of 10/21/02. May I still use these labels after that date if they are being used for products that contain non-National Organic Program organic ingredients grown prior to October 21, 2002?

OA8:

How will the labeling of my organic products differ under the National Organic Program regulations?

OA9:

Do I still submit my certificate of label approval applications to TTB?

OA10:

Will the U.S. Department of Agriculture need to review my label?

OA11:

When I submit an organic certificate of label approval application, should I include anything else with the labels?

OA12:

Does it take longer to process organic certificate of label approval applications since they are being routed through the U.S. Department of Agriculture?

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SPIRITS

WINE

BEER

COLAs Online

About COLAs Online

Registering and Getting Access to COLA Online

Browser and Other Technical Requirements

Managing Your User Profile

Electronic Filing and Updates

Submitting Attachments and Viewing Printable Version

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TTB TD-21 – Flavored Malt Beverage and Related Regulatory Amendments

TTB TD-21

FMB1:

How does TTB TD-21 impact the composition of flavored malt beverages?

FMB2:

When do these new standards go into effect?

FMB3:

My brewery produces a flavored malt beverage that derives over 90% of its alcohol content from added nonbeverage flavors, and only 10% of its alcohol content from fermentation at the brewery. What can we do if we want to continue to make this product on and after January 3, 2006?

FMB4:

Does the final rule apply to imported as well as domestic malt beverages?

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Alcohol Content Statement on Labels

FMB5:

The rule requires mandatory alcohol content labeling for flavored malt beverages. My brewery produces a fruit-flavored ale that derives 0.4% of its alcohol content from an added flavor. Do we need to label this ale with an alcohol content statement?

FMB6:

May I place the mandatory alcohol content statement on the back label?

FMB7:

My brewery produces a malt beverage made with a hop extract that adds a very minimal amount of alcohol to the product. Do we have to label this malt beverage with an alcohol content statement?

FMB8:

My brewery ships beer to 12 States, including one State that prohibits alcohol content on malt beverage labels. How do I comply with the Federal requirements as well as the State requirements?

FMB9:

The only change that my brewery must make to the label is to add the required alcohol content statement. Are we required to file a new application for label approval, or should we simply add the alcohol content statement to the label?

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Labeling and Advertising Provisions

FMB10:

What new labeling and advertising provisions have been added to the regulations?

FMB11:

My brewery’s flavored malt beverage is labeled with a brand name that is also the brand name of a well-known distilled spirits product. Does TTB TD-21 allow this labeling practice?

FMB12:

Does the final rule allow the use of cocktail names on FMB labels?

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New Formula Requirements

FMB13:

How have the statement of process requirements changed?

FMB14:

What brewing processes will trigger the formula requirement?

FMB15:

What are examples of non-traditional processes that require the filing of a formula?

FMB16:

What are examples of traditional processes for which no formula is required?

FMB17:

What should I do if I’m not sure whether the process used by my brewery requires the filing of a formula?

FMB18:

What information should be included in a request for a determination as to whether use of a process requires the filing of a formula?

FMB19:

For what fermented products other than those produced through nontraditional processes must a formula be filed?

FMB20:

Can I file for an exemption from the formula requirement for use of a particular coloring, flavoring, or food material?

FMB21:

How do I file for such an exemption?

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Filing Formulas

FMB22:

What are the general requirements for filing a formula?

FMB23:

Where do I file a formula?

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Formula Information

FMB24:

What information must appear on each formula?

FMB25:

If I received approval for a beer base formula, should that information be included in the formula?

FMB26:

What other requirements apply to all formulas?

FMB27:

If my formula includes flavors containing alcohol, am I required to list the alcohol contribution of individual flavors and other nonbeverage ingredients containing alcohol?

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New and Superseding Formulas

FMB28:

When must I file a new formula (with a new formula number) for approval by TTB?

FMB29:

When may I file a superseding formula instead of a new formula?

FMB30:

How does a superseding formula affect the prior formula?

FMB31:

Should the superseding formula use the same formula number as the formula it replaces?

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Miscellaneous Formula Questions

FMB32:

Must separate formulas be filed for different products that require a formula?

FMB33:

May I file a formula for a beer base to be used in the production of one or more other fermented products?

FMB34:

When must a formula be filed?

FMB35:

Is there an exception to the rule regarding prior approval of formulas?

FMB36:

How long does my formula approval remain valid?

FMB37:

Will statements of process that were approved prior to the effective date of TTB TD-21 remain valid on and after January 3, 2006?

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