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TTB NEWSLETTER | Weekly News

April 1, 2016


IN THIS ISSUE

Greetings! We hope you had an amazing and incredible week! This week's top stories include information about which beers are not subject to formula approval, changes to approved alcohol labels that don’t require a new COLA, and a list of the past week's top beer pages at TTB.gov/.

CERTAIN INGREDIENTS AND PROCESSES USED IN THE PRODUCTION OF BEER NOT SUBJECT TO FORMULA REQUIREMENTS

We have exempted from the formula requirements (27 CFR 25.55) malt beverages made with certain ingredients, such as honey, certain fruits, certain spices, and certain food ingredients, that are traditionally used in the production of beer. We also have determined that certain processes, such as aging beer in barrels that were previously used in the production or storage of wine or distilled spirits, do not require the filing of a formula.

The use of the ingredients or processes identified in Attachment 1 of TTB Ruling 2015-1 in the production of beer does not require the filing of a formula for a domestic or imported beer, provided that:

  • the beer meets the definition of a malt beverage under 27 CFR 7.10, and the definition of a beer under 27 CFR 25.11;
  • the brewer complies with the production rules in 27 CFR 7.11 and 25.15; and
  • at least 51% of the fermentable materials used in the production consist of malted barley with or without rice, other grains, bran, glucose, sugar, and/or molasses.

If you use both exempted ingredients and ingredients that have not been exempted, you must file a formula.  Likewise, if you use both exempted processes and non-exempted process, you must file a formula.

For additional information:

ALLOWABLE CHANGES TO APPROVED ALCOHOL BEVERAGE LABELS

Once your label receives TTB approval, you are allowed to change certain items on that label without obtaining a new COLA (TTB Form 5100.31 - Application for and Certification/Exemption of Label/Bottle Approval).  Any revisions you make to your approved labels must be in compliance with the applicable regulations in 27 CFR parts 4, 5, 7 and 16, and any other applicable provision of law or regulation, including, but not limited to, the conditions described in the "Comments" section of the chart of allowable revisions.

What Label Revisions Always Require a New COLA?

You must get a new COLA when changing:

  • the class/type statement
  • the brand name
  • the appellation of origin (wine only)
  • the state appearing in the mandatory address statement*
  • the actual bottler or importer

You must get a new COLA when adding:

  • new graphics/pictures/representations (except as specifically authorized, for example, holiday themed graphics)
  • new wording/phrases/text/certifications (except as specifically authorized, for example serving instructions)

If you are considering making changes to previously approved labels, please review the complete list of allowable revisions before you submit a COLA application—you may not need to send us the revised labels at all!

Use the Allowable Changes Sample Label Generator tool to view sample labels that demonstrate the changes that can be made to approved labels.

* The new state must be reflected on the industry member’s basic permit, brewer’s notice, or other qualifying documents.


Please visit the homepage of TTB.gov/ for the most recent news, or visit the Contact Us page if you have any questions.