PRE-COLA PRODUCT EVALUATION
Proprietors of Bonded Wineries, Bonded Wine Cellars, Taxpaid Wine
Bottling Houses, Beverage Distilled Spirits Plants, Breweries, Importers
and Others Concerned
PURPOSE
This circular provides current listings of alcohol beverages that
specify whether or not a pre-COLA product evaluation is required.
The current status of over 350 products or product categories is
detailed in three (3) charts included in this circular. The charts
are commodity based: one for wine,
one for distilled spirits,
one for malt beverages.
Each chart is organized alphabetically by product name or type.
BACKGROUND
For numerous alcohol beverage products, the Bureau of Alcohol,
Tobacco and Firearms (ATF) can not issue a certificate of label
approval (COLA), on ATF F 5100.31, Application For and Certification/Exemption
of Label/Bottle Approval, without first performing a product evaluation.
The Federal Alcohol Administration Act, 27 USC 205(e), authorizes
ATF to issue regulations that: (1) ensure that consumers are provided
with adequate information as to the identity and quality of every
alcohol beverage, and (2) prevent consumer deception. Existing regulations
and procedures require the submission of various forms of product
evaluation in order for ATF to determine whether a proposed label
identifies the product in an adequate and non-misleading way. Product
evaluations entail chemical analysis of the product and/or review
of the product ingredients and formulation. This product review
is referred to as the pre-COLA product evaluation.
ATF requires a pre-COLA product evaluation in order to, among other
things:
- Ensure that no alcohol beverage contains a prohibited ingredient.
- Ensure that limited ingredients are used within prescribed limitations
or restrictions.
- Ensure appropriate tax and product classifications.
- Ensure that wine labeled without a sulfite declaration contains
less than 10 parts per million (ppm) sulfur dioxide.
The type of pre-COLA product evaluation required is dictated by
product origin and formulation. Formulas and statements of process
are required by regulation for some domestically produced products,
most commonly when flavoring or coloring materials are added. Field
inspections can be used to verify the accuracy of these documents.
Since ATF does not have access to foreign plants, some imported
products are subject to either laboratory analysis or pre-import
letter approval. Chemical analysis of a sample of the product is
the feature that distinguishes laboratory analysis from pre-import
letter approval. Chemical analysis is generally required when flavors
or coloring material has been used in the product formulation and
provides ATF with better assurance that the product is formulated
in accordance with US laws and regulations regarding tax classification,
standards of identity and product safety.
It is important to reiterate that the charts included in this circular
reflect the CURRENT status of the listed products. It is also important
to note that the status of a particular type of product may change.
For example, ATF previously required laboratory analysis of imported
Honey Wine. That status has changed; currently, only a pre-import
letter is required for imported Honey Wine. As a further note, situations
may dictate the need for pre-COLA product evaluation for a specific
product even though no such requirement is reflected in the charts.
You must include a copy of the pre-COLA product evaluation with
your COLA application for the alcohol beverage.
TYPES OF PRE-COLA PRODUCT EVALUATION
There are five (5) types of pre-COLA product evaluations:
1. LABORATORY ANALYSIS
- This type of pre-COLA product evaluation requires submission
of a 750 ml or equivalent volume product sample and a statement
of production that includes:
- A detailed and specific quantitative list of each and every
ingredient in the product
AND
- A step-by-step description of the production process.
NOTE: At a minimum, information on the source
of alcohol for any distilled spirits used in the product,
the alcohol percent by volume/proof at distillation of any
distilled spirits used in the product, identification and
source of any flavoring material used in the product, specific
description of when flavoring material is added in the production
of the product and the total volume and alcohol content
of the finished product must be included in the statement
of production.
- The product sample must be identified, at a minimum, with: type
of product (e.g., "Aperitif Wine," "Whisky,"
etc.); alcohol content; and name and address of the company to
which results should be sent.
2. PRE-IMPORT LETTER
- This type of pre-COLA product evaluation applies only to imported
alcohol beverages.
- This type of pre-COLA product evaluation requires submission
of a statement of production that includes:
- A detailed and specific quantitative list of each and every
ingredient in the product
AND
- A step-by-step description of the production process.
NOTE: At a minimum, information on the source
of alcohol for any distilled spirits used in the product,
the alcohol percent by volume/proof at distillation of any
distilled spirits used in the product, identification and
source of any flavoring material used in the product, specific
description of when flavoring material is added in the production
of the product and the total volume and alcohol content
of the finished product must be included in the statement
of production.
- The statement of production must be on producer's letterhead.
If not in English, an English translation of the statement of
production must be provided.
- Submit the statement of production along with a transmittal
letter identifying the submitter and requesting pre-COLA product
evaluation to:
Bureau of Alcohol, Tobacco and Firearms
Alcohol Labeling and Formulation Division
650 Massachusetts Avenue, NW
Washington, DC 20226
3. FORMULA
- This type of pre-COLA product evaluation applies only to domestically
produced wines and distilled spirits.
-
Distilled Spirits formulas must be submitted on ATF Form 5110.38,
Formula for Distilled Spirits Under Federal Alcohol Administration
Act. The form includes specific instructions on how to fill
it out.
-
Formulas must include a detailed and specific quantitative
list of each and every ingredient in the product. Formulas for
wine must also include a step-by-step description of the entire
production process.
-
Submit formulas in triplicate (quadruplicate for products produced
in Puerto Rico for shipment to the U.S.) to:
Bureau of Alcohol, Tobacco and Firearms
Alcohol Labeling and Formulation Division
650 Massachusetts Avenue, NW
Washington, DC 20226
4. STATEMENT OF PROCESS
- This type of pre-COLA product evaluation applies only to domestically
produced malt beverages, rice wine and sake.
- Statements of process are statements of production that include:
- A detailed and specific quantitative list of each and every
ingredient in the product
AND
- A step-by-step description of the production process.
NOTE: At a minimum, information on the volume
and alcohol content of the malt beverage base, identification
and source of any flavoring material used in the product,
the maximum volume and alcohol content of each flavoring
material used in the product, the percentage of alcohol
contributed by the flavor(s) to the finished product, specific
description of when flavoring material is added in the production
of the product and the total volume and alcohol content
of the finished product must be included in the statement
of process.
- Statements of process must be on brewery letterhead.
- Submit statements of process to:
Bureau of Alcohol, Tobacco and Firearms
Alcohol Labeling and Formulation Division
650 Massachusetts Avenue, NW
Washington, DC 20226
5. SULFITE ANALYSIS
- This type of pre-COLA product evaluation requires submission
of a 750 ml or equivalent volume product sample.
- The product sample must be identified with its vintage, batch
or lot, class and/or type designation (e.g., cabernet sauvignon,
white wine, etc.) and name and address of the company to which
the results should be sent.
- Submit the product sample along with a transmittal letter identifying
the submitter and requesting sulfite analysis to:
Bureau of Alcohol, Tobacco and Firearms
Alcohol and Tobacco Laboratory
Alcohol Section
355 North Wiget Lane
Walnut Creek, CA 94598
- ATF will also accept the results of sulfite analysis conducted
by an ATF certified laboratory. For a listing of outside laboratories
certified by ATF, contact:
Bureau of Alcohol, Tobacco and Firearms
National Laboratory Center
Beverage Alcohol Section
1401 Research Boulevard
Rockville, MD 20850
(301) 762-9800
CONTACT INFORMATION
Bradley A. Buckles,
![](https://webarchive.library.unt.edu/eot2008/20090509002856im_/http://www.atf.gov/graphics/buckles_sign.gif)
Director
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