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TTB NEWSLETTER | Weekly News

September 7, 2018


IN THIS ISSUE

Greetings! This week’s top news includes updated information appearing in the distilled spirits BAM regarding ouzo and aquavit, two new malt beverage formula FAQs, a TTB trade practice investigation identified a wholesaler operating without a permit, and updated guidance on the key distinctions between alcohol fuel plants and distilled spirits plants.

TTB PUBLISHES OUZO AND AQUAVIT AMENDMENTS TO DISTILLED SPIRITS BEVERAGE ALCOHOL MANUAL

We recently made two amendments to the information contained in the Distilled Spirits Beverage Alcohol Manual (BAM). Although this manual is currently undergoing a more thorough review, TTB is making two immediate amendments that address issues related to the class/type designations for “ouzo” and “aquavit.” The changes reflect updated information provided to TTB about these products.

For additional details see TTB Guidance 2018-8 - Changes to Class/Type Designations for “Ouzo” and “Aquavit”.

NEW GUIDANCE RELATED TO MALT BEVERAGE FORMULAS POSTED ON TTB.GOV

We recently added two frequently asked questions (FAQs) related to malt beverage formula requirements:

FAQ B13: Am I exempt from formula requirements if I sell my malt beverage only at my brewpub or only within my state?

No. If a brewer is required to obtain formula approval for a product under the TTB regulations at 27 CFR 25.55 (subject to the exemptions set out under Attachment 1 of TTB Ruling 2015-1), then TTB’s approval of the formula must be obtained prior to production, even if the product will be sold only at the brewer’s brewpub or otherwise sold only within the state in which it is produced.  Formula requirements also apply regardless of whether the product is sold on tap at the brewer’s brewpub or is bottled, canned, or kegged.

FAQ B14: Am I exempt from formula requirements if I do not need a COLA for my domestic malt beverage?

No.  If a brewer is required to obtain formula approval for a domestically made fermented product under the regulations at 27 CFR 25.55 (subject to the exemptions set out under Attachment 1 of TTB Ruling 2015-1), then the brewer must obtain formula approval prior to production regardless of whether the brewer also obtains a certificate of label approval (COLA). When a brewer does request a COLA for a malt beverage product that requires formula approval, TTB will not approve the COLA request until a formula has been approved for the product.

Visit the Beer FAQ page to view the full answers.

TTB TRADE PRACTICE INVESTIGATION IDENTIFIES WHOLESALER OPERATING WITHOUT A PERMIT

On August 29, 2018, TTB informed Skokie Valley Beverage Company, a Wheeling, Illinois, alcohol beverage distributor, that it does not currently hold a valid wholesaler basic permit due to unreported changes in ownership and control and that continued operations without a valid permit may constitute a criminal offense under Title 27 U.S.C. 207.

Skokie Valley Beverage Company’s lack of a valid basic permit came to light subsequent to joint operations that TTB conducted with the Illinois Liquor Control Commission in September 2017.

Read the press release for additional details.

UPDATED GUIDANCE AVAILABLE ON KEY DISTINCTIONS BETWEEN ALCOHOL FUEL PLANTS AND TYPICAL DISTILLED SPIRITS PLANTS

We recently updated our guidance regarding the key distinctions between alcohol fuel plants and typical distilled spirits plants, which is issued as TTB Guidance 2018-9. The main reasons for updating the information were to:

 

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