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October 3, 2014


Greetings! We hope you had a happy and healthy week! This week's top stories include announcements about our new video series, recent regulatory changes reducing regulatory burden on small brewers, FDA's food facility biennial registration renewal, and a list of the past week's top Tax Audit pages at TTB.gov/.


If you are a distilled spirits plant proprietor, it is important that you know how to proof your spirits correctly. To help correctly determine the proof of your distilled spirits, we are pleased to offer our new TTB Proofing Video Series!

The TTB Proofing Video Series is on our new Distilled Spirits - Frequently Used Proofing Processes page at TTB.gov/. The series includes five short, instructional videos that guide you, step-by-step, through several frequently used proofing procedures. The videos include close-ups of techniques and processes, and explain why it is important to correctly follow all of the steps involved in proofing spirits. The videos include:

  • Introduction to Proofing
  • Proofing Spirits with a Hydrometer
  • Proofing Spirits with a Densitometer
  • Distilling Spirits for Proofing
  • Determining Proof Obscuration by Evaporation

To determine which video(s) best apply to you and the proofing process you plan to use, please watch the introductory video. We recommend you watch the videos in order.

Ready to watch?


On Tuesday, September 30, 2014, we published in the Federal Register T.D. TTB-123, a final rule titled "Small Brewers Bond Reduction and Requirement to File Tax Returns, Remit Tax Payments and Submit Reports Quarterly." This final rule adopts as a permanent regulatory change a flat $1,000 penal sum for the brewer's bond for brewers whose excise tax liability is reasonably expected to be not more than $50,000 in a given calendar year and who were liable for not more than $50,000 in such taxes during the preceding calendar year. We originally adopted this change in a temporary rule issued on December 7, 2012, which was set to expire in December 2015.

In addition, this final rule adopts the TTB proposal outlined in Notice No. 131, Small Brewers Bond Reduction, also published in the Federal Register on December 7, 2012. The notice requires brewers whose excise tax liability is reasonably expected to be not more than $50,000 in a given calendar year and who were liable for not more than $50,000 in such taxes during the preceding calendar year to file federal excise tax returns, pay tax, and submit reports of operations on a quarterly basis. We expect these amendments to the regulations in 27 CFR Part 25-Beer, to reduce the regulatory burdens on such brewers, reduce their administrative costs, and create administrative efficiencies for TTB.

To give brewers time to adjust to quarterly filing and reporting, we are delaying the effective date of T.D. TTB-123 until January 1, 2015.

Also starting in January, we will begin releasing updated versions of the Brewer's Report of Operations (BROPs, TTB Forms 5130.9 and 5130.26). To ensure that brewers are adequately informed about the release and availability of the updated BROPs, we will publish a series of new announcements and TTB Newsletter articles over the next few months on this topic.

The public may view the final rule and the rulemaking record for this regulatory project on the Regulations.gov/ website within Docket No. TTB-2012-0006. You can find copies of the final rule and other relevant rulemaking documents and a link to the Regulatons.gov/ docket at TTB.gov/.


Source: FDA Constituent Update September 26, 2014

Food facilities [including wineries, breweries, and distilleries] required to register with FDA must renew their food facility registrations this year during the period beginning on October 1, 2014 and ending on December 31, 2014. FDA encourages food facilities to renew their registrations early on in the three-month renewal period.

The FDA Food Safety Modernization Act (FSMA), enacted on January 4, 2011, amended the food facility registration requirements of section 415 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) [21 U.S.C. § 350d]. The registration requirements in section 415 of the FD&C Act apply to domestic and foreign food facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States. Section 102 of FSMA amended section 415 of the FD&C Act in relevant part to provide that food facilities required to register with FDA must renew their registrations with FDA every other year, during the period beginning on October 1 and ending on December 31 of each even-numbered year.

FDA has three guidance documents available to assist registrants with the registration process, including information on biennial registration renewal. These guidance documents are listed below.

These documents supersede previously released versions.

Additional Information

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