Comment 13

From: Rachel Ellis [mailto:rellis08@law.du.edu] 
Sent: Thursday, October 19, 2006 2:18 PM
To: Rulemaking, TTB
Subject: 'TTB Notice No. 62'

name=Rachel Ellis
name=
Address1=2512 S University Blvd
Address2=
City=Denver
State=CO
Zip Code=80210
Comments=October 19, 2006

Director, Regulations and Procedures Division
Alcohol and Tobacco Tax and Trade Bureau
Attn:  Notice No. 62
P.O. Box 14412
Washington, DC 20044-4412

This letter is written in support of limited mandatory labeling standards for major food allergens used in the production of alcoholic beverages subject to the labeling requirements of the Federal Alcohol Administration Act.

Unique visual presentation is a celebrated tradition for many vineyards.  Labels speak to tradition, innovation, and originality of a particular vintage.  As a recreational wine label collector, I do not support that a mandatory format, such as the warning on cigarette advertisements, be inflicted upon vendors.

The Federal Alcohol Administration Act provides the Secretary of the Treasury with authority to issue regulations regarding the labeling of alcohol beverages, in order to “provide the consumer with adequate information concerning the identity and quality of such products, to prevent deception of the consumer, and to prohibit false or misleading statements.”  It is possible for consumers to be provided with adequate information without compromising the artistic presentation of alcoholic labeling.

For the purpose of clarity, labels should read “Contains” as opposed to “May Contain.”  The phrase “May Contain” does not provide adequate information concerning the identity and quality of the product.  The phrase “Processed With” is also unnecessary- consumers are interested in whether the allergen is present in the final product.  Further, not all consumers may be aware of the specific allergens that trigger allergic reactions; listing the food that an allergen is derived from, in agreement with the Food Allergen Labeling and Consumer Protection Act of 2004, will protect consumers having only a basic awareness.

Conclusive studies have not been conducted on threshold levels of allergens.  The burden on a consumer to know of their reaction to not only the specific allergen, but also the threshold, is too great.  When even trace amounts of an allergen are present, they are by definition contained in a product.  Should a vendor disagree with the listing of a particular allergen in a product, the petition process allows for adequate recourse.  The petition process places the burden of scientific testing properly on the manufacturer as opposed to trial and error by a
consumer.

To facilitate consumers’ ease of inspection, consistency in the presentation of allergen information is essential.  Generally, alcoholic labels contain a condensed amount of text.  In addition, alcohol packaging is typically visually less complex than food product packaging.  For these reasons, it is not necessary for allergen information to be set apart in some sort of box, or for font size to be mandatory.  Vendors would be able to substantively comply while choosing a format in harmony with the rest of the label.  

A limited mandatory labeling standard for major food allergens used in the production of alcoholic beverages subject to the labeling requirements of the Federal Alcohol Administration Act provides vendors with the flexibility of compliance while maintaining artistic presentation.

Sincerely,

Rachel Ellis
2512 S. University Blvd.
Denver, CO 80210