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.