TTB Newsletter: September 16, 2009

In the TTB Newsletter, we compile the top TTB news of the week and other helpful information about the Bureau and the Federal alcohol and tobacco laws and regulations we enforce.

Please send any questions and/or comments to Susan Stewart Evans, Executive Liaison for Industry Matters (susan.stewart-evans@ttb.gov) and/or Frosty Chapman, State Liaison (forrest.chapman@ttb.gov).

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ABC BOARDS- UNITED STATES, CANADA AND PUERTO RICO

In addition to meeting Federal regulations, individuals and businesses must meet each State's individual laws and regulations. (TTB partnerships with States when appropriate.) These State laws and regulations, which vary widely from State to State, may be more restrictive than Federal regulations and must be met in addition to Federal requirements unless the Federal law pre-empts the State law wherein they desire to do business. For example, regarding pre-emption, the Government Warning label on alcohol beverages pre-empts the States from imposing a similar requirement (see 27 U.S.C. section 216.) Likewise, the State may not authorize a bottle size for distilled spirits that is not also authorized at the Federal level.

The following directory provides the contact information for each State and a link to their Web site. Please contact those States directly wherein you desire to do business.

DENNIS ROSEN NAMED CHAIR OF THE NEW YORK STATE LIQUOR AUTHORITY

Chairman Rosen previously served as an Assistant Attorney General with the New York State Office of the Attorney General for 27 years. He was initially assigned to the Attorney General's World Trade Center office, and, in 1983, transferred to the Buffalo office. His practice at the Attorney General's Office primarily involved bringing civil enforcement actions and criminal prosecutions in the areas of consumer and investment fraud. Many of his civil cases resulted in substantial restitution to large numbers of defrauded consumers. For example, in a case involving investments that were sold nationwide in a fraudulent payphone business, he recovered over $6 million for over 400 defrauded New Yorkers. His criminal cases included successful prosecutions of attorneys, stockbrokers, insurance agents, telemarketers and home improvement contractors.

From September 2005 to December 2006, Chairman Rosen was the lead attorney in an historic statewide investigation by the Attorney General into widespread violations of New York State laws regulating the sale of wine and spirits. The investigation concluded with many of the liquor industry's largest wholesalers, manufacturers, and retailers agreeing to court orders which fined them a total of $4.6 million. The orders also ended various "pay-to-play" practices that created an uneven playing field which had placed the companies that followed the law at a competitive disadvantage.

Prior to joining the Attorney General's Office, Chairman Rosen spent 10 years with the New York City Legal Aid Society, serving in the Juvenile Rights and Criminal Defense Divisions.

The Chairman is a graduate of Brooklyn College and Harvard Law School. He was admitted to the Bar in 1973. He and his wife have been married for 28 years, and have two children: James, an Airman in the U.S. Navy, and Emma, a junior at the Massachusetts Institute of Technology.

NEW YORK LIQUOR AUTHORITY NAMES TRINA MEAD CHIEF EXECUTIVE OFFICER

Ms. Mead is a career New York State employee with 30 years of service. Beginning with New York State Attorney General Robert Abrams, she served in a number of administrative capacities within the administrations of Attorneys General G. Oliver Koppell, Dennis C. Vacco, Eliot Spitzer, and Andrew M. Cuomo. Her positions at the New York State Office of Attorney General included Director of Administrative Services as well as Deputy Director of the Division of Administration.

Before her appointment as CEO of the State Liquor Authority, Ms. Mead served as Deputy Commissioner for Administration under Commissioner John C. Egan at the New York State Office of General Services since March 2007.

Ms. Mead earned a B.S. in Business Management and Economics with a concentration in Public Administration from the State University of New York (SUNY), and is currently enrolled in the Masters of Arts in Social Policy program at SUNY Empire State College.