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April 5, 2013

Greetings!  We hope you are having an exhilarating and prosperous week!  This edition announces that Brazil is now recognizing Bourbon and Tennessee Whisky as distinctive U.S. products and our publication of TTB Ruling 2013-1: Malt Beverages Sold Exclusively in Intrastate Commerce.

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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 or comments to the Executive Liaison for Industry Matters at IndustryLiaison@ttb.gov/ and/or StateLiaison@ttb.gov/.

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BRAZIL RECOGNIZES BOURBON AND TENNESSEE WHISKY AS DISTINCTIVE PRODUCTS OF THE U.S.

On March 27, 2013, the Brazilian Government published a decree in its Official Register recognizing Bourbon and Tennessee Whisky as distinctive products of the United States.  The decree states "Bourbon whisky, Bourbon whiskey, Tennessee whisky or Tennessee whiskey, is whisky produced in the United States of America in accordance with its legislation."  This follows the recent issuance of a final rule by TTB, effective on April 11, 2013, granting recognition to Cachaça as a distinctive product of Brazil. 

These actions are the result of a mutual commitment made by both countries in an exchange of letters signed in April of 2012, which followed discussions among officials of Brazil, the Office of the United States Trade Representative (USTR), and TTB.  This work supports the Treasury Department’s goal to enhance U.S. competitiveness and promote international financial stability and balanced global growth.

MALT BEVERAGES SOLD EXCLUSIVELY IN INTRASTATE COMMERCE (TTB RULING 2013-1)

TTB was asked to clarify the certificate of label approval requirements as they apply to brewers who are selling their domestically bottled malt beverages exclusively in the state in which the malt beverages were bottled. 

On March 27, 2013, we issued TTB Ruling 2013-1, which provides that the regulations implementing the Federal Alcohol Administration Act (FAA Act) do not require a brewer to obtain either a certificate of label approval or a certificate of exemption for a domestically bottled malt beverage that is sold exclusively in the state in which it was bottled.

The ruling also reminds brewers that even if a domestically bottled malt beverage is sold only in intrastate commerce, and therefore not subject to the labeling provisions in 27 CFR part 7, brewers must still comply with-

  1. All applicable marking, branding, and labeling requirements under 27 CFR part 25 for all beer removed from the premises, and
  2. The health warning statement requirements imposed by the Alcoholic Beverage Labeling Act with regard to alcoholic beverages manufactured or bottled for sale or distribution in the United States.

Read TTB Ruling 2013-1