Proposed Changes to the Certificate of Label Approval Form

By Susan Stewart (202) 927-8140

Earlier this year the Alcohol Labeling & Formulation Division (ALFD) published a notice announcing that we were updating ATF Form 5100.31, Application for and Certification/Exemption of Label/Bottle Approval (COLA). We proposed changes to the current COLA which we hoped would decrease the burden for industry members required to file the form. The two most significant changes we proposed were to re-do the form in "plain-language" in order to comply with Government standards, and to eliminate the requirement to file a COLA when you add, change or delete non-mandatory items on a previously approved label.

We received a total of 15 comments on the proposed revisions. Only one entity commented on the plain language changes, and it supported these changes. Four commentors agreed with the proposal to allow additions/deletions/changes to non-mandatory information without ATF approval, nine disagreed with this proposal, one was silent on this issue and one was counted as neutral on this issue. It is significant to mention that the Joint Committee of the States, which represents state liquor authorities from both control states and non-control states, was opposed to the proposal, but did state specifically that they would support a blanket allowance to delete non-mandatory information without ATF approval. ATF will not adopt the proposal to allow additions/deletions/changes to non-mandatory information without ATF approval.

ATF has decided to publish a second notice proposing that non-mandatory items could be deleted without ATF approval. This notice will be published in the near future, and will probably also incorporate changes that will enhance electronic filing of the COLA.

If you have any questions about the COLA form, please contact the ALFD customer service team toll free at 866-927-ALFD or by e-mail at alfd@atfhq.atf.treas.gov. q

ATF Active Participant Among U.S. Delegation

By Sanford Lett (202) 927-8110

ATF will provide regulatory expertise as part of the U.S. Government delegation that will be attending the next meeting of the New World Wine Producers (NWWP). The meeting will be held on September 17-20 in Toronto, Canada. The NWWP is a group that meets twice-a-year and consists of the United States, Canada, Australia, New Zealand, Chile, Argentina, and South Africa.

The NWWP provides a forum for government officials to participate in discussions and negotiations parallel to industry meetings on similar issues. Such issues, in general, deal with improving international wine trade and removing impediments to trade. The NWWP at its last session in Australia produced an agreement on the mutual acceptance of enological practices which the United States, Australia, New Zealand, and Canada have initialed. The initialed agreement is currently being given a final review by the four governments concerned and is expected to be officially signed at the Toronto meeting in September.

The Toronto meeting also marks the beginning of multi-lateral discussions on wine labeling. Specifically, the NWWP countries will explore whether to develop uniform labeling requirements given each NWWP country's labeling laws and regulations. The Toronto session will be the seventh meeting of the NWWP. q