Alcohol FAQs

See "Frequently Asked Questions: TTB Ruling 2004-1" at https://www.ttb.gov/images/pdfs/rulings/2004-1.pdf

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.

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.

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.

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.

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

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.

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.

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.

None

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

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.

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

Please visit COLAs Online for additional information.

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.

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.

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.

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.

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.

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.

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.

See "Frequently Asked Questions: Major Food Allergen Labeling for Wines, Distilled Spirits and Malt Beverages"

03/28/07

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.

Questions and answers about TTB Form 5100.51, Formula and Process for Domestic and Imported Alcohol Beverages.

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.

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/.

As we stated in TTB Industry Circular 2022-1, TTB considers advertising in social media to be subject to all of the same requirements and restrictions as any other type of advertising under the Federal Alcohol Administration Act (FAA Act) and the TTB implementing regulations (27 CFR part 4 subpart G, 27 CFR part 5 subpart N, and 27 CFR part 7 subpart N, and the “tied house” regulations at 27 CFR part 6).

The regulations in parts 4, 5 and 7 require certain mandatory statements (e.g., responsible advertiser name and address) to appear in advertisements for wines, distilled spirits, and malt beverages, respectively. The regulations also prohibit certain advertising practices and statements from appearing in such advertisements.

Under the tied house regulations in part 6, industry members may not induce a retailer, directly or indirectly, to purchase alcoholic beverages from the industry member to the exclusion of such products offered for sale by other persons.  We consider the listing of a retailer in an industry member’s advertisement, including a social media ad, to be providing a thing of value that constitutes a means to induce that retailer to purchase alcoholic beverages from that industry member. As such, listing a retailer in advertising, including social media advertising, may be a violation of the FAA Act if it results in exclusion as described in 27 CFR 6.151 through 6.153, subject to the jurisdictional limits at 27 CFR 6.4. 

An exception in 27 CFR 6.98 provides that listing the names and addresses of two or more unaffiliated retailers selling the products of an industry member does not constitute a means to induce. The requirements of the exception are that:

1. The advertisement does not also contain the retail price of the product (except where the exclusive retailer in the jurisdiction is a State or a political subdivision of a State), and
2. The listing is the only reference to the retailers in the advertisement and is relatively inconspicuous in relation to the advertisement as a whole, and
3. The advertisement does not refer only to one retailer or only to retail establishments controlled directly or indirectly by the same retailer, except where the retailer is an agency of a State or a political subdivision of a State.

State laws also apply, and they vary from state to state. We encourage industry members to contact the applicable state alcohol beverage authorities with any questions related to state law. Please see our website for a list of State Alcohol Beverage Authorities.

TTB will not approve any formulas or labels for alcohol beverage products that contain a controlled substance under Federal law, including marijuana. The Controlled Substances Act (CSA), 21 U.S.C. § 802(16), defines marijuana as all parts of the Cannabis sativa L. plant (and its derivatives) with certain specific exclusions. Substances (such as tetrahydrocannabinols (THC), cannabidiols (CBD), or terpenes) that are derived from any part of the cannabis plant that is not excluded from the CSA definition of marijuana are controlled substances, regardless of whether such substances are lawful under State law. See Drug Enforcement Administration (DEA), Clarification of the New Drug Code (7350) for Marijuana Extract for more information about DEA's position on cannabis derivatives. The parts of the cannabis plant that are excluded from the definition of marijuana in the CSA (referred to here as "hemp" ingredients) include hemp seed oil, sterilized hemp seeds, and non-resinous, mature hemp stalks.

Formula approval from TTB is required before a hemp ingredient may be used in the production of an alcohol beverage product. In determining whether a hemp ingredient is allowable for use in an alcohol beverage, TTB will consult with the DEA where appropriate and defers to the DEA in its interpretation of the CSA.

TTB also consults with the U.S. Food and Drug Administration (FDA) on ingredient safety issues where appropriate. In some cases, TTB may require formula applicants to obtain documentation from FDA indicating that the proposed use of an ingredient in an alcohol beverage would not violate the Federal Food, Drug and Cosmetic Act. For more information, see TTB Industry Circular 2019-1, Hemp Ingredients in Alcohol Beverage Formulas.

For alcohol beverage products containing a hemp ingredient, the product label must accurately and specifically identify the ingredient in a manner that makes it clear that the ingredient is not a controlled substance (e.g., "hemp seed oil" rather than "hemp oil"). Additionally, labeling statements for alcohol beverage products may not create the misleading impression that the product contains a controlled substance or has effects similar to those of a controlled substance.

For more information, including requirements for lab analysis of hemp components, please refer to the "Hemp Policy" published by our predecessor agency in 2000.

TTB notes that section 7606 of the Agricultural Act of 2014, commonly referred to as the Farm Bill, defines "industrial hemp." See 7 U.S.C. 5940.  Subject to certain restrictions, this law allows an institution of higher education or a State department of agriculture to grow or cultivate industrial hemp for purposes of research where allowed under State law. As explained by the Statement of Principles on Industrial Hemp which was issued by USDA, in consultation with DEA and FDA, and published in the Federal Register on August 12, 2016, section 7606 does not authorize the sale of industrial hemp "for the purpose of general commercial activity." Accordingly, it is TTB's understanding that the Farm Bill does not authorize the use of industrial hemp in the production of alcohol beverage products for sale beyond limited State-sanctioned pilot projects by authorized entities.

Rhamnus prinoides, also known as “Ethiopian hops” or “Gesho,” are not the same hops traditionally used in alcohol beverages that are addressed in the laws and regulations administered by TTB. The scientific name of the hop plant traditionally used and commonly understood to be used in alcohol beverages covered under the laws administered by TTB is Humulus lupus.

Consequently, “Ethiopian hops” cannot be used interchangeably with traditional hops when making alcohol beverages, including malt beverages.

FDA has not evaluated the safety of Rhamnus prinoides (“Ethiopian hops”) for use in alcohol beverages, has not issued a regulation authorizing the use of “Ethiopian hops” in alcohol beverages, and is not aware of a GRAS (Generally Recognized as Safe) conclusion for the use of “Ethiopian hops” in alcohol beverages.

Consequently, TTB will not approve an application for formula approval for an alcohol beverage that contains “Ethiopian hops.”

No. In TTB Ruling 2016-2, TTB approved general-use formulas for certain standard agricultural wines made from honey or certain other agricultural products. Under 27 CFR 24.203(a)(2), honey wine may be produced with hops in quantities not to exceed one pound for each 1,000 pounds of honey. However, this provision applies only to Humulus lupus, which are the hops traditionally used to make alcohol beverages, including malt beverages, addressed in the laws and regulations administered by TTB. See FAQ A30-A31 above.