Advertising, Labeling and Formulation Division (ALFD) FAQs
Revised: 10/06/03
Organic Alcohol
OA 1: 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)?
A: No. If you have an approval without an
expiration date, your label contains an “ingredient
statement,” and organic ingredients constitute
at least 70 percent of the product, you may remove
the “ingredient statement” without resubmitting
the application for label approval. For updated information
on products that contain some organic ingredients
(less than 70 percent organic ingredients), visit
the U.S. Department of Agriculture National Organic
Program’s Web site: www.ams.usda.gov/nop
OA 2: 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?
A: You must submit a letter explaining that
the label is identical to the one previously approved
and that it was terminated only because it did not
contain an “ingredient statement,” a copy
of the previously approved certificate of label approval,
a new label application in duplicate on TTB F 5100.31,
and copies of the organic certification for the respective
product. Please send requests to: 1310 G Street, NW,
4th Floor, Washington, DC 20220, Attention: Organic
Program. The Alcohol, Labeling, and Formulations Division
will process these requests promptly.
OA 3: 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?
A: Yes. You may request a short-term extension
if the label remains exactly the same. You must submit
a letter detailing this request, including the number
of cases and the amount of time needed, a copy of
the previously approved non-National Organic Program
certificate of label approval, and a new label application
in duplicate on TTB F 5100.31. Send this request to:
1310 G Street, NW, 4th Floor, Washington, DC 20220,
Attention: Organic Program.
OA 4: 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?
A: These regulations create standards for
the production, handling, processing, labeling, and
marketing of all organically produced products. The
regulations also create four categories of organic
classification and identify specific substances that
cannot be used in the production of organically made
products. To obtain more information about the National
Organic Program and to view a full text of the regulations,
please visit the Agricultural Marketing Service Web
site at http://www.ams.usda.gov/nop.
OA 5: Will I have to change my label to comply with
these new regulations?
A: If your product was made with non-National
Organic Program organic ingredients grown prior to
October 21, 2002, you may use previously approved
labeling. If, however, your product was made with
ingredients grown after 10/21/02, then you must change
your labeling to reflect the new guidelines.
OA 6: When does my product have to comply with these
new regulations?
A: A: Beginning on October 21, 2002, all
products that you want to sell as organic must be
produced to meet the standards of the National Organic
Program. The U.S. Department of Agriculture has, however,
defined the stream of commerce that may allow some
products to be exempt from the National Organic Program
standards for a brief time. To read this definition,
please visit the U.S. Department of Agriculture’s
Web site at http://www.ams.usda.gov/nop/NOP/PolicyStatements.htm.
OA 7: 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?
A: These labels may still be used, but you
must apply for a new certificate of label approval
that will be qualified with a new expiration date.
TTB automatically issues an expiration date of 10/21/04
unless you request a specific date that will allow
you to exhaust that specific product. For procedures
about how to get a new expiration date, please see
ATF letter dated
9/18/02.
OA 8: How will the labeling of my organic products
differ under the National Organic Program regulations?
A: U.S. Department of Agriculture (USDA)
regulations require that products produced to the
National Organic Program standards include the name
of a USDA-accredited agent who certified the product.
Other optional information may appear on the label,
depending on the specific product. At one time, the
USDA required that all products that make an organic
claim include a complete ingredient statement. In
June 2003, however, the USDA reinterpreted its regulations.
As a result, ingredient statements are no longer required
on labels of alcohol beverages intended to meet the
standards of the National Organic Program.
OA 9: Do I still submit my certificate of label approval
applications to TTB?
A: Yes. You should still submit organic certificate
of label approval applications us. TTB sends a copy
of the application to the U.S. Department of Agriculture
(USDA) for a determination as to whether the label
complies with the National Organic Program. TTB conducts
a concurrent review of the label for compliance with
the Federal Alcohol Administration Act. If the USDA
determines that the label does not comply with the
National Organic Program, TTB notifies the applicant
of the USDA decision. All other aspects of the label
approval process remain the same.
OA 10: Will the U.S. Department of Agriculture need
to review my label?
A: Yes. TTB forwards all labels that contain
an organic reference to the U.S. Department of Agriculture
(USDA) for review. The USDA reviews the label for
compliance with the National Organic Program and makes
a recommendation to us based on their regulations.
OA 11: When I submit an organic certificate of label
approval application, should I include anything else
with the labels?
A: Yes. Always include an organic certification
with the application.
OA 12: Does it take longer to process organic certificate
of label approval applications since they are being
routed through the U.S. Department of Agriculture?
A: TTB signed a Memo
of Understanding (MOU) with the U.S. Department
of Agriculture (USDA) that provides for a timely,
concurrent review of organic certificate of label
approval applications. Therefore, we expect these
applications to be processed in roughly the same amount
of time that it takes for an ordinary application.
Some circumstances, however, require the USDA to obtain
additional information from an applicant. In these
cases, it may take longer to process an application.
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