Faqs
Major Food Allergen Labeling for Wines, Distilled Spirits, and Malt Beverages
Current regulations under the Federal Alcohol Administration Act (FAA Act) do not require the disclosure of major food allergens on alcohol beverage labels. However, TTB has issued a notice of proposed rulemaking, Notice No. 62, 71 FR 42329, which proposes to make the labeling of major food allergens mandatory. In addition, we have published an interim rule, T.D. TTB-53, 71 FR 42260, which sets forth standards for optional allergen labeling statements.
Last reviewed/updated 12/10/2010
Under the interim rule, producers, bottlers, and importers may declare the presence of major food allergens in their products, but are not required to do so. However, if an industry member chooses to undertake any allergen labeling, the label must comply with the labeling standards specified in the interim rule.
Last reviewed/updated 12/10/2010
An allergen declaration must consist of the word "Contains" followed by a colon and the name of the food source from which each major food allergen is derived. For example, a declaration could be "Contains: milk and egg." If any one major food allergen is declared, all major food allergens used in the production of the alcohol beverage, including major food allergens used as fining or processing agents, must be listed.
Last reviewed/updated 12/10/2010
Consistent with the provisions of the Food Allergen Labeling and Consumer Protection Act of 2004, FALCPA, the interim rule defines a "major food allergen" to mean any of the following: milk, egg, fish (for example, bass, flounder, or cod), Crustacean shellfish (for example, crab, lobster, or shrimp), tree nuts (for example, almonds, pecans, or walnuts), wheat, peanuts and soybeans, as well as any food ingredient that contains protein derived from one of these food sources.
Last reviewed/updated 12/10/2010
For purposes of TTB's labeling provisions, a food ingredient is not considered to be a major food allergen if it is exempt from major food allergen labeling requirements pursuant to a petition for exemption approved by FDA under 21 U.S.C. 343(w)(6) or pursuant to a notice submitted to FDA under 21 U.S.C. 343(w)(7), provided that the food ingredient meets the terms or conditions, if any, specified for that FDA exemption.
Last reviewed/updated 12/10/2010
Yes. Consistent with FALCPA, highly refined oils derived from the food sources specified in the rule, as well as ingredients derived from such highly refined oils, do not fall within the definition of a major food allergen. Furthermore, any food ingredient may be exempted from the labeling requirements pursuant to a petition for exemption approved by TTB.
Last reviewed/updated 12/10/2010
In the case of a tree nut, the name must be listed as the specific type of nut (for example, almonds, pecans, or walnuts). In the case of Crustacean shellfish, the name must be listed as the species of Crustacean shellfish (for example, crab, lobster, or shrimp). In the case of fish, the species is not listed; the allergen is listed simply as "fish." The terms "egg" and "peanuts", as well as the names of the different types of tree nuts, may be expressed in either the singular or plural form. Furthermore, the term "soy," "soybean," or "soya" may be used instead of "soybeans."
Last reviewed/updated 12/10/2010
This additional information may be placed on any label affixed to the container. A major food allergen declaration should be readily legible under ordinary conditions and on a contrasting background.
Last reviewed/updated 12/10/2010
Yes, you must submit an application for a new certificate of label approval if you wish to add this information to your product labels. The label must comply with the requirements of the interim rule. Approval of labels in compliance with the interim rule will be qualified as follows:
The disclosure of major food allergens used in producing this beverage is optional, pending final rulemaking. See T.D. TTB-53 and Notice No. 62. However, any reference made to allergens must declare all major food allergens used in the production of this beverage, including fining or processing agents.
Last reviewed/updated 12/10/2010
If you choose to list major food allergens on a wine label, you must include all major food allergens used in the production of the wine, including fining or processing agents, unless TTB has approved a petition for exemption that covers this ingredient.
Last reviewed/updated 12/10/2010
Any person may petition TTB to exempt a particular product or class of products from the labeling requirements of the interim rule. The burden is on the petitioner to provide scientific evidence (including the analytical method used to produce the evidence) that demonstrates that the finished product or class of products, as derived by the method specified in the petition, either: (1) does not cause an allergic response that poses a risk to human health; or (2) does not contain allergenic protein derived from milk, egg, fish, Crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, even though a major food allergen was used in production.
Last reviewed/updated 12/10/2010
The petition should be submitted in writing to:
Assistant Administrator, Headquarters Operations
Attn: Petition for Exemption from Major Food Allergen Labeling
Alcohol and Tobacco Tax and Trade Bureau
1310 G Street, N.W., Suite 200E
Washington DC 20220
Last reviewed/updated 12/10/2010
TTB will approve or deny a petition in writing within 180 days of receipt. If TTB does not provide a written response within the 180-day period, the petition will be deemed denied, unless an extension of time for decision is mutually agreed upon by the appropriate TTB officer and the petitioner.
Last reviewed/updated 12/10/2010
No. TTB will post on its Web site all petitions received as well as TTB's response to those petitions. Any information submitted in support of the petition that is not posted to the TTB Web site will be available to the public under the Freedom of Information Act, except where a request for confidential treatment is granted. A person who provides trade secrets or other confidential commercial or financial information in connection with a petition for exemption must request confidential treatment at the time the information is submitted. The standards for according confidential treatment to such information are set forth in the interim rule.
Last reviewed/updated 12/10/2010
Advertising, Labeling and Formulation FAQs
See "Frequently Asked Questions: TTB Ruling 2004-1" at https://www.ttb.gov/images/pdfs/rulings/2004-1.pdf
Last reviewed/updated 12/10/2010
The U.S. Postal Service does not ship alcohol. Therefore, you will need to contact a private courier service such as FedEx or UPS to ship the alcohol. Also, contact the States to and from which you are shipping to find out if either has any laws or regulations prohibiting this practice.
Last reviewed/updated 04/20/2010
You pay no fee either to obtain a copy of the form (TTB F 5100.31, Application for and Certification/Exemption of Label/Bottle Approval) or to apply for label approval. If you are applying for label approval for the first time, you will need to send a copy of your approved basic permit or brewer's notice (depending on your business). You must also submit your application in duplicate with the labels attached to the front of the form. If your labels are too large to fit on the front of the form, you must reduce them and place the originals on the back of the form. Item no. 17 of the label application should reflect the percentage of reduction.
Last reviewed/updated 12/10/2010
On August 10, 1993, the Bureau of Alcohol, Tobacco and Firearms published an advanced notice of proposed rulemaking in the Federal Register that solicited comments from the public and industry on whether the regulations should be amended to require nutritional information on labels of alcohol beverages. The comment period for the ANPRM closed on February 7, 1994.
ATF received 55 comments in response to the advance notice. Only seven of these comments came from consumers. However, five of the seven consumers who commented opposed nutrition labeling. Overall, 80 percent of the comments received in response to the ANPRM opposed nutrition labeling for alcohol beverages. Thirty-five of the comments opposing nutrition labeling were submitted on behalf of industry, both domestic and foreign.
After careful consideration of the petition and the comments received in response to the advance notice, ATF determined that an amendment of the regulations to provide nutrition information on labels of alcohol beverages is unnecessary and unwarranted.
If you have a question about nutritional information on a particular product, you should contact the company by writing to the address on the label. Most companies will assist you if you ask them for this information.
Last reviewed/updated 12/10/2010
The Food and Drug Administration has primary jurisdiction over the labeling of a fermented cider that contains less than 7 percent alcohol by volume. However, TTB has jurisdiction over some labeling requirements, most importantly the Government Warning Statement for any alcohol beverage over 0.5 percent alcohol by volume. These requirements are specified in 27 CFR part 16.
Most commercial fermented cider producers must register with TTB and pay tax on their cider. There is a very limited exemption from registration and tax requirements for "the non-effervescent product of the normal alcoholic fermentation of apple juice only, which is sold or offered for sale as cider and not as wine or as a substitute for wine." If the fermented cider you make does not fit that exemption, you must register with TTB as a bonded winery, pay tax and follow other rules for winery operation in TTB regulations at 27 CFR part 24, including TTB-enforced wine label requirements in 27 CFR § 24.257.
Last reviewed/updated 12/10/2010
Certificate of Label Approval (COLA) processing times have increased for a number of reasons, including steady growth in the number of applications we receive and reductions in staff available to process applications.
To help you with your planning process, we provide the current average COLA processing times for each commodity (wine, distilled spirits, and malt beverages) on our Web site and through our Customer Service Call Center phone line. This gives you a quick and easy way to check the average number of days we are taking to respond to COLA applications.
You can access average COLA processing times:
- on our Web site Labeling Home Page, or
- by phone at 202-453-2250 or toll free at 1-866-927-2533 to hear a recorded message:
- press 4 for malt beverage and distilled spirits labels, and
- press 6 for wine labels.
Since responding to status inquiries diverts resources away from processing COLAs, we ask that you refrain from contacting us about the status of applications unless we exceed the current average processing time for your commodity. Complying with this request allows the label specialists to focus their attention on processing COLAs.
Finally, it is likely that COLA processing times will continue to be longer than you may have experienced in the past. Therefore, we strongly suggest that you consider this and allow sufficient time for receiving label approval from us.
ALFD / revised August 2011
Last reviewed/updated 08/15/2011
Yes, we must issue you a permit, brewer's notice or approval to operate a bonded wine cellar (BWC) or tax paid wine bottling house (TPWBH) before you submit an application for a certificate of label approval.
Last reviewed/updated 12/10/2010
Our National Revenue Center in Cincinnati, Ohio, issues basic permits and brewer's notices. For information on obtaining a basic permit or brewer's notice, contact the National Revenue Center. The toll free number is 1-877-882-3277.
Last reviewed/updated 04/20/2010
A certificate of label approval authorizes the certificate holder to bottle and remove or import alcohol beverages that bear labels identical to those shown on the certificate of label approval.
Last reviewed/updated 12/10/2010
If your label is etched, embossed, or painted directly onto the container, or is clear acetate, you must submit a photograph of a filled representative bottle so that we may determine contrast and legibility of mandatory information. Photos should clearly show each side of the container that contains label information. See instruction number 7 of the general instructions for completing and submitting the TTB F 5100.31, Application for and Certification/Exemption of Label/Bottle Approval. The instructions are found at the end of the form.
Last reviewed/updated 12/10/2010
Due to considerable increases in the number of label approval applications we receive and reductions in staffing, we no longer perform informal review of proposed labels. We offer a variety of resources on the Labeling Home Page to help you make sure your labels meet the regulatory requirements.
ALFD / revised August 2011
Last reviewed/updated 08/15/2011
No. We authorize numerous changes that can be made to previously approved labels without applying for a new certificate of label approval (COLA), and the addition of an Internet address is one of the allowable revisions. The entire list of changes that may be made to approved labels without getting a new COLA is found on TTB F 5100.31, Application for and Certification/Exemption of Label/Bottle Approval. For more information, please visit our allowable revisions Web page, or to view examples use our Allowable Changes Sample Label Generator.
Last reviewed/updated 01/04/2016
You may check the status of label applications filed electronically by logging on to COLAs Online at any time.
If you file paper applications, you may check the status of your label applications by contacting the Alcohol Labeling and Formulation Division by:
- email at Submit an Online Inquiry, or
- phone at 202-453-2250 or toll free at 1-866-927-2533.
Please refrain from contacting us until after we exceed the current average processing time.
Average label processing times may be accessed:
- on our Web site Labeling Home Page, or
- by phone at 202-453-2250 or toll free at 1-866-927-2533 to hear a recorded message:
- press 4 for malt beverage and distilled spirits labels, and
- press 6 for wine labels.
Since responding to status inquiries diverts resources away from processing label applications, we request that you refrain from contacting us about the status of your applications unless we exceed the current average processing time for your commodity. Complying with this request allows the label specialists to focus their attention on processing applications.
ALFD / revised August 2011
Last reviewed/updated 08/15/2011
Please visit COLAs Online for additional information.
Last reviewed/updated 12/10/2010
A Statement of Process is a formula for a domestically produced flavored malt beverage, flavored or unflavored rice wine, or saké. A statement of Process consists of 1) a detailed and specific quantitative list of each ingredient in the product and 2) a step-by-step description of the production process. As a minimum, a Statement of Process must include 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, a 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.
Statements of Process must be on brewery letterhead.
Last reviewed/updated 06/30/2010
If you want the flexibility to make changes to personalize your labels for customers without the need to submit new applications for each personalized label, you will need to follow the steps noted in public guidance TTB G 2017-2, Personalized Labels, dated 9/5/2017.
Last reviewed/updated 09/05/2017
Bioengineered foods are food or drink made from plant varieties that are developed from using recombinant deoxyribonucleic acid (rDNA) technology (which is often referred to as "genetic engineering" or "biotechnology"). Specifically, bioengineered foods are produced from plants whose genetic material has been altered by inserting DNA molecules from another organism for the purpose of reproducing beneficial characteristics, such as added nutrition, better flavor, or greater ability to fight pests or diseases, of the original species in the receiving species. In 1994, the Food and Drug Administration (FDA) established a consultation process that helps ensure that foods developed using biotechnology methods meet the applicable safety standards.
Last reviewed/updated 12/10/2010
There are no apparent health or safety risks associated with bioengineered foods used in the production of alcohol beverages. TTB has no basis for concluding that alcohol beverages produced from bioengineered ingredients differ from other alcohol beverages in any meaningful or uniform way, or that, as a class, alcohol beverages made from plant ingredients developed by the new techniques present any different or greater safety concern than alcohol beverages made from ingredients developed by traditional plant breeding.
Last reviewed/updated 12/10/2010
Given the inquiries we have received and interest at the state level, we are reviewing our policy on the use of bioengineered food labeling statements or references on labels under our jurisdiction.
Last reviewed/updated 05/09/2014
A description of specialized farming practices generally may appear on alcohol beverage labels as additional information provided it is truthful, accurate, specific, and does not conflict with, or in any manner qualify, mandatory labeling information. However, due to the constantly evolving nature of this field, TTB reserves the right to request clarification and documented verification of any graphics, seals, logos, definitions or language appearing on labels. For instance, any label specifically stating that the producer is certified by an agricultural organization must have documented proof.
Terms that refer to the environmental impact of the process and packaging rather than the product itself are usually acceptable. These words and phrases may not modify mandatory information on brand labels, but might appear as additional information after review on a case-by-case basis.
Last reviewed/updated 12/10/2010
You may apply for a certificate of exemption from label approval for your wine only if it is produced or bottled in the United States and only if it will be sold, offered for sale, shipped, or delivered for shipment within the state in which it was bottled or packed (in other words, it will not be introduced into interstate commerce). This can be accomplished by selecting and completing item 18b on your label application, TTB Form 5100.31. Imported bottled wines are not eligible for a certificate of exemption from label approval and therefore must be covered by a Certificate of Label Approval.
Wines labeled under a certificate of exemption from label approval must show the statement, "For sale in _________(name of State) only." This statement may be added to a label covered by a certificate of exemption, or may be on an additional label that is affixed to the container. The statement does not have to appear on the label that is submitted to TTB, but must be on the container before it is removed from bond for consumption or sale.
Although the labeling requirements in 27 CFR Part 4, Labeling and Advertising of Wine, do not apply when a certificate of exemption is used, all of the rules in the wine regulations under the Internal Revenue Code of 1986 (IRC), 27 CFR Part 24, continue to apply to all wine bottled and packed in the United States. For example, 27 CFR 24.257(a) outlines what information must appear on your label, as well as the minimum type size requirements, for each bottle or other container of beverage wine prior to removal for consumption or sale. In brief, each label must contain:
- Name & Address of the wine premises where bottled or packed
- Brand name if different from the above
- Alcohol content as percent by volume or as stated in accordance with 27 CFR Part 4
- The kind of wine
- Net contents
Please see the complete text of 27 CFR 24.257 for additional information and guidance. (Note that Part 24 does not apply in Puerto Rico. See 27 CFR 24.2.)
The recordkeeping requirements in the IRC wine regulations continue to apply when a certificate of exemption is used. The wine regulations state in 27 CFR 24.257(b): "The information shown on any label applied to bottled or packed wine is subject to the recordkeeping requirements of [27 CFR 24.314, Label information record]," which states:
A proprietor who removes bottled or packed wine with information stated on the label (e.g., varietal, vintage, appellation of origin, analytical data, date of harvest) shall have complete records so that the information appearing on the label may be verified by an [sic] TTB audit. A wine is not entitled to have information stated on the label unless the information can be readily verified by a complete and accurate record trail from the beginning source material to removal of the wine for consumption or sale. All records necessary to verify wine label information are subject to the record retention requirements of § 24.300(d).
In addition, Congress recently amended section 5388(c) of the IRC (26 U.S.C. 5388(c)) to restrict the use of certain wine names of European origin for wines sold in the United States. These wine names are: Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine wine, Hock, Sauterne, Haut Sauterne, Sherry, Tokay and Retsina. These names may be used on labels for wine from the European Community (and made in accordance with the requirements of the Community) and on certain previously approved non-Community wine labels if their uses are grandfathered as of March 10, 2006. Because the IRC applies to wine regardless of whether it is in intrastate or interstate commerce, the restriction on the use of these names applies in both contexts. Accordingly, TTB will not issue a certificate of exemption for wine using one of these wine names in a manner not authorized by the statute. The change in the law was effective on December 20, 2006.
The Alcoholic Beverage Labeling Act of 1988, 27 U.S.C. 213 et seq., and implementing regulations in 27 CFR Part 16, which require a specified health warning statement on alcoholic beverages bottled or imported for sale or distribution in the United States, also apply equally to wine sold or shipped in intrastate or interstate commerce. Under Part 16, the required warning statement is a prerequisite for approval of a certificate of exemption from label approval, just as it is for a Certificate of Label Approval.
Finally, other laws may apply to fraudulent conduct used to sell mislabeled wine or to mislead consumers, including certain federal criminal statutes relating to fraud carried out through the use of: the mail; private or commercial interstate carriers; or wire, radio, or television communication in interstate or foreign commerce.
Last reviewed/updated 12/10/2010
03/28/07
Last reviewed/updated 12/10/2010
Third Party Representation
TTB has recently noticed an increase in questions from industry members as to whether or not it is mandatory to use third-party representatives in order to receive label or formula approval, and if the Advertising, Labeling and Formulation Division (ALFD) provides special assistance when such representatives are employed. TTB has created some FAQs in order to address these concerns.
Last reviewed/updated 04/20/2010
ALFD Third-party Representation FAQs
A third-party representative is a person or firm retained by an industry member in order to provide specific services for the member in dealing with TTB. In the label/formula approval area these services range from simple submission and return of an application via the Public Room in order to bypass any mail-room delays, to negotiations over areas of the label/formula that ALFD feels are in need of correction.
Last reviewed/updated: 04/20/2010
No. TTB provides the same level of service to third-party representatives as is provided to those who choose to work with TTB directly, but you may use a third-party representative if you so choose. ALFD Customer Service representatives will work directly with all industry members and representatives to answer label/formula questions and solve problems in a timely and accurate manner. The Public Room is open by appointment on Tuesdays, Wednesdays and Thursdays from 10:00 to 11:30 a.m. and from 2:30 to 3:30 p.m. Please call 1-866-927-2533 (toll free) or 202-453-2250 and select the appropriate option to schedule an appointment. Walk-In service hours are from 1:30 p.m. to 2:30 p.m. Monday through Friday except Federal holidays. Labeling/Formulation Customer Service representatives are available by phone from 8:30am-4:30pm EST, M-F
Last reviewed/updated: 04/20/2010
No; TTB will work directly with the industry member or a representative. However; all requests to expedite a label application or temporary label approvals are reviewed on a case-by-case basis and require supporting documentation. All inquiries should be made directly to Customer Service at 866-927-2533.
Last reviewed/updated: 04/20/2010
No. All labeling, formulation and advertising services provided to you by TTB are free of charge.
Last reviewed/updated: 04/20/2010
Yes, TTB will work with a third-party representative if you choose to retain one. However, obtaining a third-party representative is completely voluntary.
Last reviewed/updated: 04/20/2010
For questions on alcohol advertising, labeling and formulation you may contact ALFD directly by e-mail or by phone at:
Email: Submit an Online Inquiry
Phone: 202-453-2250 or (toll-free) 866-927-2533
Option 1 = General information
Option 2 = Colas Online Password Resets
Option 3 = Colas Online Registration
Option 4 = Distilled Spirits/Malt Beverage Labeling and all Formulation
Option 5 = Alcohol Advertising
Option 6 = Wine Labeling
Last reviewed/updated: 04/20/2010
Last reviewed/updated 06/30/2010
This is a complicated question, and the answer (see 27 CFR §4.25(b)) depends on the particular circumstances. State or local laws and regulations may be more restrictive than Federal laws and regulations in some instances, and, to use an appellation, the wine must conform to the laws and regulations of the named appellation area. (Please note that we use here certain states or regions only as examples to illustrate certain different circumstances.) We advise that you confer with state and local authorities regarding their requirements before finalizing your COLA submission. Remember that your wine, and the records that you keep, must adequately support any claims which are made on your label. The following situations serve as examples. There are certainly more factual circumstances that might have a different outcome.
Situation 1: I am making a wine with grapes or juice originating from a state that is contiguous to (that is, touching) my own state (e.g. when California grapes are used to produce wine in Oregon).Suppose that I have purchased Napa Valley, California, grapes that I will produce into wine in Oregon.
The most specific appellation of origin eligible for use is the name of the contiguous state (California). A viticultural area appellation of origin (e.g. Napa Valley) may NOT be used because the wine was not fully finished within that state.
Situation 2: The state from which the winemaking material originates is not contiguous to the state in which the wine is produced. For example, California grapes have been purchased to produce wine in New York.
The most specific appellation of origin eligible - for use is a country appellation, such as "American." Note that when a country is used as an appellation of origin a vintage date is NOT permissible for the wine.
Situation 3: I am purchasing grapes or juice from another country. An appellation of origin may NOT be used, as this wine is not eligible for such claims (see 27 CFR §4.25(b)(2)(ii)). A vintage date or a varietal designation (e.g. Merlot) may not appear on the wine, as both items require an appellation of origin present on the label. The wine may be labeled only with a more general class or type statement, such as "Red Wine" or "White Wine."
This question and answer have been temporarily removed from site pending internal review. Please check back soon.
TTB's authority to issue certificates of label approval (COLAs) for alcohol beverage products does not include trademark protection, as is stated in the instructions for TTB Form 5100.31, Application for and Certification/Exemption of Label/Bottle Approval. While TTB may be aware of an established trademark when acting on an application for a COLA, that awareness is important only for carrying out the labeling authority under the deception and misleading standards imposed by the Federal Alcohol Administration Act and not for purposes of Federal law applicable to trademarks. Therefore, TTB approval of a COLA neither automatically confers trademark protection, nor indicates that a particular mark may be used in violation of applicable intellectual property law.
The U.S. Patent and Trademark Office (USPTO) provides for trademark registrations and guides United States domestic and international intellectual property policies. The USPTO Web site address is www.uspto.gov/. You may find the USPTO's list of frequently asked questions on the subject of trademarks particularly helpful: www.uspto.gov/faq/trademarks.jsp. The USPTO also has a Web site on trademark protection specifically designed for small business owners at www.uspto.gov/smallbusiness/.
Last reviewed/updated 05/20/2011
Export Certificate Program Frequently Asked Questions
You can find information about the Export Certificate Program on TTB's Web page for Export Documents/Certificates. For Certificates of Free Sale, Origin, Health, Quality, or Sanitation, for shipments of alcohol beverages not going to the European Union (EU), follow the sample export certificate for wines or the sample export certificate for malt beverages and distilled spirits. For U.S. wine being exported to the EU, pursuant to the U.S.-EU Wine Agreement, the EU requires that you submit either a simplified export certificate (see ECP5) or a VI1 form.
Please email export certificate requests as PDF files to exportcertificates@ttb.gov.
You may also mail export certificate requests to the following address:
Alcohol and Tobacco Tax and Trade Bureau (TTB)
International Trade Division
Attn: Export Certificate Program
1310 G St. NW, Box 12
Washington, DC 20005
If you are submitting your export certificate requests through a commercial carrier (e.g. UPS, FedEx), please mail them to:
Alcohol and Tobacco Tax and Trade Bureau (TTB)International Trade Division
Attn: Export Certificate Program
1310 G St. NW, Suite 400E
Washington, DC 20005
For distilled spirits only:
- Use TTB Form 5110.58 to make requests for Certificates of Age and Origin for Distilled Spirits.
- Use TTB Form 5110.42 to make requests for Certificates of Authenticity for Bourbon Whisky. You may submit Certificates of Age and Origin and Certificates of Authenticity via email to exportcertificates@ttb.gov (See ECP7).
Our goal is to process export certificates within seven business days after receipt of a perfected request. In order to avoid delays, you may choose to submit your requests using a commercial carrier by overnight delivery. Please note that due to internal mail security measures, items mailed to TTB Headquarters are typically received by the International Trade Division two business days after indicated by delivery confirmations from the postal service or a commercial carrier. To expedite the return of approved certificates, please include an overnight bill and envelope from the commercial carrier of your choice, including your own billing/account information when you submit your request to TTB. Otherwise, TTB will return the certificate via regular U.S. mail.
Each shipment of wine that is being exported requires a separate export certificate (Certificate of Origin or Age, Health Certificate/Sanitary Statement/Certificate, etc.). One certificate can cover several different wines as long as they are in the same shipment.
Export certificates are not licenses - they are documents that attest to certain facts. For example, a Certificate of Free Sale confirms that the wine being exported was made in accordance with U.S. winemaking practices and is freely available in the U.S. marketplace. Certificates of Origin are also often referred to as Certificates of Free Sale.
A number of countries have unique certificate requirements. TTB maintains a list of International Import/Export Requirements on our website; however, countries may change their requirements at any time, so we recommend that you contact your foreign importer to confirm which certificates are required by that country's government.
Instead of using the VI1 form, we encourage U.S. exporters of wine to the EU to take advantage of the simplified export certificate, which only requires one chemical analysis of the wine (actual alcohol content) and is self-certified by the exporter.
See TTB Industry Circular 2007-02 for further information on the simplified export certificate. A copy of the certificate is included in Industry Circular 2007-2 as an attachment at the bottom of that document.
You can find a list of laboratories certified by TTB for the analysis of exported alcohol products on our Chemist Certification Program Information Web page.
You may submit export certificates by email as PDF files to exportcertificates@ttb.gov. If you require return of the certificate by express mail, you must scan in a prepared overnight bill from the commercial carrier of your choice, including your own billing/account information, and attach it to your email request. Otherwise, TTB will return the certificate by regular U.S. mail.
Yes, your local Chamber of Commerce may process Certificates of Origin attesting that the alcohol beverage to be exported was produced in the United States.
You can help us process your export certificate request expeditiously by following these tips:
- Except for Certificates of Origin and Age of Distilled Spirits and Certificates of Authenticity for Bourbon Whiskey, TTB requires that the export certificate include an original signature. We recommend that the name of the person signing the document be typed after or below their signature, in case the signature is not legible.
- The person signing the export certificate request must be on file with TTB as having signing authority for the company or having power of attorney for the company. We cannot process an export certificate if it is not signed by someone with signing authority or power of attorney.
- Submit the export certificate on your company's letterhead. TTB requires that the physical address listed on your company's letterhead, or on the export certificate, match the address on file with your permit with TTB.
- We recommend that you send in one copy of the export certificate on your company's letterhead plus an additional copy of the export certificate on plain paper, with space at the top and bottom of the page for TTB to insert our official letterhead. TTB requires that both copies contain an original signature.
- Use TTB's Washington, DC address when you include it on the export certificate. Some industry members are still including TTB's Cincinnati address. This slows down processing time because we will replace this address with our current address in order to process it. If you include TTB's address at the bottom of the export certificate, use this address:
Alcohol and Tobacco Tax and Trade Bureau (TTB)
International Trade Division
Export Certificate Program
1310 G St. NW, Box 12
Washington, DC 20005
Frequently Asked Questions – Alcohol Beverages Containing Added Caffeine
PrintBy letter dated November 17, 2010, FDA advised four industry members that it had reviewed the regulatory status of seven malt beverage products, each of which contains caffeine that has been directly added to an alcohol beverage and packaged in combined caffeine and alcohol form. The FDA letter warned the industry members that as it was used in their products, caffeine is an unsafe food additive, and therefore the products are adulterated under section 402(a)(2)(C) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 342(a)(2)(C). Among other things, the FDA letter stated that "FDA is not aware of any publicly available data to establish affirmatively safe conditions of use for caffeine added directly to alcoholic beverages and packaged in a combined form."
FDA provided these industry members with fifteen (15) days to advise them of the specific steps they have taken to correct the violation identified above and to assure that similar violations do not occur. The FDA letter provided that their responses should include any documentation necessary to show that correction has been achieved. Finally, the FDA letter provided that if the industry members cannot complete all corrections within the 15 days, they should explain the reason for the delay and the date by which each such item will be corrected and documented. The warning letters, as well as other information on the issue of alcohol beverage products containing added caffeine, may be found on the FDA Web site.
Last reviewed/updated 08/21/2014
On November 18, 2010, TTB issued letters to those four industry members regarding the seven malt beverage products that FDA identified in its warning letters as being adulterated. The TTB letters put these companies on notice that FDA's determination that a product is adulterated under the FFDCA would have consequences under the FAA Act, because of TTB's position that adulterated alcohol beverages are mislabeled within the meaning of the FAA Act.
Consistent with the terms of the FDA warning letters, TTB asked that the companies advise TTB within the same 15-day period of the steps that they have taken to correct any violations of the FAA Act and the date by which each violation will be corrected. TTB sent copies of these letters to the brewers who have obtained certificates of label approval from TTB for these products. The TTB letters, along with other TTB guidance on the issue of alcohol beverage products containing added caffeine, may be found on the TTB web site at http://www.ttb.gov/main_pages/caffeine-added.
Last reviewed/updated 11/23/2010
Consistent with the actions taken by FDA, TTB is not planning to take enforcement action pending expiration of the 15-day period provided to the companies to respond to our letters. At that point, we will evaluate their responses and we will consult with FDA prior to taking enforcement action. It is our expectation that the companies will take voluntary action that will prevent any violations of the FAA Act and will at the same time address the concerns expressed by FDA.
Last reviewed/updated 11/23/2010
It is TTB's position that adulterated malt beverages, distilled spirits, and wines are mislabeled within the meaning of the FAA Act. This means, as explained further below, that the sale or shipment of an adulterated alcohol beverage in interstate or foreign commerce by an industry member subject to the provisions of 27 U.S.C. 205(e) constitutes a violation of the FAA Act, even if the bottler or importer of the product in question has obtained a certificate of label approval (COLA) or an approved formula.
Subject to the jurisdictional requirements of the FAA Act, mislabeled distilled spirits, wines, and malt beverages, including adulterated products, may not be sold or shipped, delivered for sale or shipment, or otherwise introduced or received in interstate or foreign commerce, or removed from customs custody for consumption, by a producer, importer, or wholesaler, or other industry member subject to 27 U.S.C. 205(e). TTB may pursue action to suspend or to revoke the FAA Act basic permit of industry members who willfully violate the conditions of their permit with respect to mislabeled, adulterated products. See 27 U.S.C. 204(e). Violations of the labeling provisions of the FAA Act are punishable as misdemeanors and the Government may seek injunctive relief to prevent and restrain such violations. TTB also may seek an offer in compromise covering the liability arising with respect to such violations in the sum of not more than $500 for each offense. See 27 U.S.C. 207. Under the Internal Revenue Code of 1986, TTB officers may, in appropriate circumstances, temporarily detain any alcohol beverage container that is being removed in violation of law, or seek a voluntary detention agreement with the industry member. See 26 U.S.C. 5311.
Last reviewed/updated 11/23/2010
TTB reminds you that each producer and importer of alcohol beverages is responsible for ensuring that the ingredients in its products comply with the laws and regulations that FDA administers. TTB's approval of a COLA or formula does not imply or otherwise constitute a determination that the product complies with the FFDCA, including a determination as to whether the product is adulterated because it contains an unapproved food additive. Subject to the jurisdictional requirements of the FAA Act, mislabeled distilled spirits, wines, and malt beverages, including adulterated products, may not be sold or shipped, delivered for sale or shipment, or otherwise introduced or received in interstate or foreign commerce, or removed from customs custody for consumption, by a producer, importer, or wholesaler, or other industry member subject to 27 U.S.C. 205(e), even if the bottler or importer of the product in question has obtained a COLA or an approved formula.
Last reviewed/updated 11/23/2010
While TTB regulates the labeling of alcohol beverages pursuant to the FAA Act, it is FDA's responsibility to evaluate the safety of ingredients added to alcohol beverages, pursuant to FDA's authority under the FFDCA. TTB operates under a 1987 Memorandum of Understanding (MOU) with FDA that clarifies and delineates the enforcement responsibilities of each agency with respect to alcohol beverages that may be adulterated under the FFDCA and establishes procedures for coordination between the two agencies. The MOU acknowledges that TTB is the agency with a system of specific statutory and regulatory controls over alcohol beverages and that FDA has authority regarding determinations regarding the safety of food additives used in the production of alcohol beverages and over making determinations about when an alcohol beverage is considered adulterated.
Last reviewed/updated 11/23/2010
Yes. TTB will continue to coordinate with FDA on this matter that affects issues within the jurisdiction of both agencies. TTB has already shared information with FDA regarding approved labels for alcohol beverages containing added caffeine, and we will continue to do so, as needed. In addition, upon receipt of a formal request from FDA, we will provide information to FDA about formulas for beers containing added caffeine that are approved under 27 CFR Part 25. This disclosure will be made pursuant to our authority under 26 U.S.C. 6103(o)(1) to share return information with employees of a Federal agency whose official duties require such disclosure. Such a disclosure is contingent upon an agreement by FDA to safeguard the confidentiality of this information.
Last reviewed/updated 11/23/2010
TTB urges all industry members to carefully consider their responsibilities to comply with the requirements of the FFDCA and to consult with FDA regarding the GRAS* status of their intended use of caffeine prior to submitting any such applications to TTB. TTB will consult with FDA before taking action with regard to any such new applications.
Last reviewed/updated 11/23/2010
TTB is reviewing all approved formulas and labels for such products and will consult with FDA prior to taking action with regard to approved labels or formulas. We encourage all industry members who have received approvals from TTB and who have reason to believe that their products may not be in compliance with the FFDCA, to voluntarily surrender their approved labels and formulas to TTB.
Last reviewed/updated 11/23/2010
No. Among other things, the FAA Act's prohibitions against consignment sales apply only to the conditions agreed to at the time of a sale. Furthermore, these prohibitions do not apply to transactions involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold. See 27 U.S.C. 205(d). The regulations at 27 CFR Part 11, Subpart D set forth several examples of "ordinary and usual commercial reasons" that may arise after the product has been sold, including a situation in which products may no longer be lawfully sold. See 27 CFR 11.34. The actions of a retailer or wholesaler in returning to an industry member alcohol beverages containing added caffeine, after the sale of the product, for cash or credit against outstanding indebtedness, due to concerns about the legal status of such products under Federal, State, or local law, would not violate the consignment sales provisions of 27 U.S.C. 205(d). Of course, the regulations do not mandate that the industry member accept such a return. See 27 CFR 11.31(b).
Last reviewed/updated 11/23/2010
Industry members should contact FDA with all inquiries as to the GRAS* status of ingredients added to alcohol beverages. TTB will continue to coordinate with FDA on this matter.
* generally recognized as safe
Last reviewed/updated 11/23/2010
Page last reviewed/updated:
04/27/2018
Page 1 of 4