Key Distinctions Between Alcohol Fuel Plants and Typical Distilled Spirits Plants

Small Alcohol Fuel Plant

Medium Alcohol Fuel Plant

Large Alcohol Fuel Plant

Distilled Spirits Plant

Definition.

A special type of DSP qualified under 27 CFR part 19, subpart X solely for producing, processing and storing, and using or distributing distilled spirits to be used exclusively for fuel use.  

In accordance with 27 CFR 19.662 a small alcohol fuel plant (small AFP) is a plant which does not produce and/or receive more than 10,000 proof gallons of spirits in one calendar year.

A special type of DSP qualified under 27 CFR part 19, subpart X solely for producing, processing and storing, and using or distributing distilled spirits to be used exclusively for fuel use. 

In accordance with 27 CFR 19. 662 a medium alcohol fuel plant (medium AFP) is a plant which produces and/or receives more than 10,000 and not more than 500,000 proof gallons of spirits per calendar year.

A special type of DSP qualified under 27 CFR part 19, subpart X solely for producing, processing and storing, and using or distributing distilled spirits to be used exclusively for fuel use. 

In accordance with 27 CFR 19.662 a large alcohol fuel plant (large AFP) produces and/or receives more than 500,000 proof gallons of spirits per calendar year

An establishment qualified under 27 CFR part 19 for distilling spirits, warehousing, processing spirits, or any combination thereof.

Law and regulations do not categorize DSPs on the basis of “size.”

Authorized Production Activities.

The proprietor of an AFP is authorized to produce distilled spirits to be used exclusively for fuel use.

Generally, the proprietor of a DSP can produce: beverage distilled spirits, specially denatured alcohol, completely denatured alcohol, and tax-free alcohol; and manufacture articles.

Registration and Permit Application Requirement.

As provided in 27 CFR 19.673, a person wishing to establish a small AFP can apply for an alcohol fuel producer’s permit on TTB F 5110.74. 

As provided in 27 CFR 19.675, a person wishing to establish a medium AFP can apply for an alcohol fuel producer’s permit on TTB F 5110.74. 

As provided in 27 CFR 19.676, a person wishing to establish a large AFP can apply for an alcohol fuel producer’s permit on TTB F 5110.74. 

As provided in 27 CFR 19.72 and 19.91, a person wishing to establish and operate a DSP of any size must apply for a permit using TTB F 5100.24 or TTB F 5110.25 and receive registration notification on TTB F 5110.41.

Bond Requirement.

No bond is required for small AFPs with production capacity.

In accordance with 27 CFR 19.700,  the penal sum for a bond of a small plant that does not have production operations is $1,000. 
 

In accordance with §§ 19.675 and 19.676, a bond of sufficient sum (between $2,000 and $50,000), as prescribed in 27 CFR 19.700 , is required for medium AFPs.  The bond must be filed on TTB F 5110.56 and can be submitted with the application.  The bond must be submitted before a permit is issued.

In accordance with §§ 19.675 and 19.676, a bond of sufficient sum (between $52,000 and $200,000), as prescribed in § 19.700, is required for large plants.  The bond must be filed on TTB F 5110.56 and can be submitted with the application.  The bond must be submitted before a permit is issued.   

In accordance with 27 CFR 19.161, every person intending to establish a distilled spirits plant shall file an operations or unit bond prescribed in 27 CFR part 19, subpart F.  

Reporting Requirements.

Section 19.720 requires the proprietor of an AFP to submit an annual report on TTB F 5110.75 for each calendar year ending on December 31.  This report must be sent, by January 30 of the year following the reporting period, to the following address: 

Director, National Revenue Center
Alcohol and Tobacco Tax and Trade Bureau
550 Main St, Ste 8002
Cincinnati, OH 45202-5215.

In accordance with 27 CFR 19.632 , A DSP proprietor must file monthly production (TTB F 5110.40 ), storage (TTB F 5110.11 ), and processing (TTB F 5110.28 or TTB F 5110.43 ) reports as applicable at the end of each reporting period.  

Recordkeeping Requirements.

In accordance with 27 CFR 19.718 and 19.719 ,  AFP proprietors must keep records of:  spirits produced, on hand, received, and disposed of; materials added to spirits to render them unfit for beverage use; and fuel alcohol manufactured and disposed of.

Some of the required records for a DSP pertain to: daily production records (27 CFR 19.584 , 19.585 , and 19.586 ), daily storage records (27 CFR 19.590 ), dump/batch records (27 CFR 19.598 ), record of samples (27 CFR 19.616 ), and record of destruction (27 CFR 19.617 ).

Data for Application.

In accordance with 27 CFR 19.673, an application for a small AFP permit must be made on TTB F 5110.74 .  The application must provide the following information:  

(a) Name and mailing address of the applicant, and the location of the AFP if not apparent from the mailing address;

(b) A diagram of the plant premises

(c) A statement as to the ownership of the premises (if the premises are not owned by the proprietor, the owner's consent to access by appropriate TTB officers must be furnished);

(d) A description of the stills on the premises and statement of the maximum capacity of each;

(e) A description of the materials from which spirits will be produced; and

(f) A description of the security measures to be used to protect premises, buildings and equipment where spirits are produced, processed, and stored.
 

In accordance with 27 CFR 19.675, an application for a medium AFP permit must be made on TTB F 5110.74.   The application must provide the following information:   

(a) All of the information that is required for a small AFP, and

(b) A statement of the maximum total proof gallons of spirits that will be produced and received during a calendar year;

(c) Information identifying the principal persons involved in the business. This identifying information must include each person's name, address, title, social security number, date of birth, and place of birth; 

(d)  A statement indicating whether or not the applicant or any other principal person involved in the business has been convicted of a felony or misdemeanor under Federal or State law. The statement may exclude convictions for misdemeanor traffic violations; and

(e) A statement of the amount and source of funds invested in the business

In accordance with 27 CFR 19.676, an application for a large AFP permit must be made on TTB F 5110.74.  The application must provide the following information:  

(a) All of the information required for a medium AFP, and

(b) Statement of the type of business organization and of the persons interested in the business, supported by the items of information listed in 27 CFR 19.677; and,

(c) Supporting information.  In accordance with § 19,677, the supporting information required by paragraph § 19.676, includes, as applicable, copies of—

(d) Corporate documents. If the applicant is a corporation, the applicant must provide the following:

- The corporate charter or a certificate of corporate existence or incorporation;

 - A list of officers and directors with their names and addresses, other than officers and directors who will have no responsibilities in connection with the operation of the alcohol fuel plant;

 - Certified minutes or extracts of board of directors meetings, showing those individuals authorized to sign for the corporation;

 - A statement showing the number of shares of each class of stock or other basis of ownership, authorized and outstanding, and the voting rights of the respective owners or holders; and

 - A list of the offices or positions, the incumbents of which are authorized by the articles of incorporation or the board of directors to act on behalf of the proprietor or to sign the proprietor's name.

(e) Partnership documents. If the applicant is a partnership, the applicant must provide a copy of the articles of partnership or association, or certificate of partnership or association if required to be filed by any State, county, or municipality.

(f) Limited liability company/limited liability partnership documents. If the applicant is a limited liability company or limited liability partnership or other entity recognized by law as a person, the applicant must provide a copy of the articles of organization, the operating agreement and the names and addresses of all members and managers.

(g) Statement of interest.

 -  The application must include the names and addresses of the 10 persons that have the largest stock ownership, by stock class, or other interest in the corporation, limited liability company/limited liability partnership, or other legal entity, and the nature and amount of the stock or other interest of each, whether the interest is recorded in the name of the interested party or in the name of another for the interested party. If a corporation is wholly owned or controlled by another corporation, the appropriate TTB officer may request that the applicant furnish the same information for persons of the parent corporation.

- In the case of an individual owner or a partnership, the application must include the name and address of each person interested in the large plant, whether the interest is recorded in the name of the interested party or in the name of another for the interested party.

 (h) Availability of documents. An applicant must make available to any appropriate TTB officer upon request all originals of documents submitted under this section and any additional related organizational documents such as articles of incorporation, bylaws, operating agreements and State certifications.

In accordance with 27 CFR 19.73, TTB F 5110.41 shall include the following information.

(a) Serial number and statement of purpose for which filed.

(b) Name and principal business address of the applicant, and the location of the distilled spirits plant if different from the business address.

(c) Statement of the type of business organization and of the persons interested in the business, supported by the items of information listed in 27 CFR 19.93.

(d) Statement of the operations to be conducted.

(e) In respect of the plant to which TTB F 5110.41 relates, a list of applicant's operating and basic permits, and of the operations, withdrawal, or unit bonds (including those filed with the application) with the name of the surety or sureties for each bond.

(f) List of the officers, the incumbents of which are authorized by the articles of incorporation or the board of directors to act on behalf of the proprietor or to sign the proprietor's name.

(g) Description of the plant (see 27 CFR 19.74).

(h) List of major equipment (see 27 CFR 19.75).

(i) Statement of maximum proof gallons that will be produced in the distillery during a period of 15 days, stored on bonded premises, and in transit to the bonded premises.  (Not required if the operations or unit bond is in the maximum sum.)

(j) With respect to any distilled spirits plant which was not qualified to operate before June 1, 1985, a certified statement that relevant and material accounting records (including regular books of account and such other records and data as may be necessary to support such records) will be maintained in accordance with generally accepted accounting principles which enable the proprietor to file a correct distilled spirits tax return or determine whether he is liable for distilled spirits taxes.

(k) Statement of physical security measures employed (see 27 CFR 19.76).

(l) As applicable, the following:

(1) With respect to the operations of a distiller:

(i) Statement of daily producing capacity in proof gallons.

(ii) Statement of production procedure (see 27 CFR 19.77).

(iii) Statement whether spirits will be redistilled.

(2) With respect to the operations of a warehouseman:

(i) Description of the system of storage.

(ii) Statement of bulk storage capacity in wine gallons.

(3) With respect to the operations of a processor:

(i) Statement whether bottling operations will be conducted.

(ii) Statement whether denaturing operations will be conducted.

(iii) Statement whether articles will be manufactured.

(iv) Statement whether spirits will be redistilled.

(v) Description of the system of storage of spirits bottled and cased or otherwise packaged or placed in approved containers for removal from bonded premises.

(4) If any other business is to be conducted on the distilled spirits plant premises, as provided by 27 CFR part 19, subpart B, a description of the business, a list of the buildings and/or equipment to be used, and a statement as to the relationship, if any, of the business to distilled spirits operations at the plant.

If any of the information required by 27 CFR 19.73(a)(5) is on file with the appropriate TTB officer, that information, if accurate and complete, may by incorporation by reference, be made part of the application. The applicant shall, when required by the appropriate TTB officer, furnish as a part of the application for registration, additional information as may be necessary to determine whether the application for registration should be approved.