Industry Circulars 2021-1

October 15, 2021
Number: 2021 – 1

Expansion of Allowable Revisions to Approved Alcohol Beverage Labels

To: Proprietors of Bonded Wineries, Bonded Wine Cellars, Taxpaid Wine Bottling Houses, Beverage Distilled Spirits Plants, and Breweries; Importers; and Others Concerned.

1. Purpose.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is further expanding the list of changes that can be made to approved labels without requiring those labels to be resubmitted to TTB for review. Currently, industry members may make certain changes to approved alcohol beverage labels without submitting a new application for label approval, under the guidelines outlined in Section V (“Allowable Revisions to Approved Labels”) of form TTB F 5100.31. TTB is adding four items to the list of allowable revisions, and expanding two items already on the list, to provide additional flexibility to industry members and to reduce the number of labels that must be resubmitted for approval, while still meeting the requirements of the Federal Alcohol Administration Act (FAA Act). TTB will make conforming changes to form TTB F 5100.31 when the form is next updated.

2. Authority.

Section 105(e) of the FAA Act, 27 U.S.C. 205(e), generally requires bottlers and importers to obtain Certificates of Label Approval (COLAs) for bottled wine, distilled spirits, and malt beverages sold, shipped, or otherwise introduced in interstate or foreign commerce, and authorizes the Secretary of the Treasury to prescribe regulations for the labeling of such products. TTB administers the regulations promulgated under the FAA Act, which are set forth in Title 27, Code of Federal Regulations (CFR), parts 4, 5, and 7 (27 CFR parts 4, 5, and 7). The FAA Act requires that these regulations, among other purposes, prohibit consumer deception and the use of misleading statements on labels and ensure that labels provide the consumer with adequate information about the identity and quality of the product. TTB also administers the regulations issued under the Alcoholic Beverage Labeling Act of 1988, which may be found in 27 CFR part 16.

The regulations generally require bottlers and importers to obtain a COLA on form TTB F 5100.31 to cover the specific product. However, it has been longstanding policy to allow industry members to make certain changes (or “allowable revisions”) to previously approved alcohol beverage labels without applying for a new COLA in certain limited circumstances. Section V of the COLA form currently sets out 37 allowable revisions that may be made to approved labels, subject to conditions that are set out on the form. For example, TTB has found that there is no need to resubmit an approved label when industry members wish to add certain optional information that does not directly relate to the characteristics of the product, such as serving instructions (e.g., “Pour over ice”). TTB has also found that certain information that may need to be updated on a regular basis may be updated without resubmitting an approved label, such as “Consume By ___” or “Best Before____” statements.

As recently amended, the definition of a “certificate of label approval” in the TTB regulations (27 CFR 4.10, 5.11, and 7.10) now specifically recognizes the use of public guidance documents to allow new revisions to approved labels without resubmission of the labels. The definition provides that a COLA authorizes the use of labels “identical to the labels appearing on the face of the certificate, or labels with changes authorized by TTB on the certificate or otherwise (such as through the issuance of public guidance available on the TTB website at www.ttb.gov).” This change is consistent with TTB’s prior practice of issuing public guidance documents to authorize revisions to previously approved labels without resubmission to TTB in certain circumstances.

3. Expansion of Allowable Revisions.

1. Industry members may divide a single approved label into multiple labels on a container, and conversely, may combine separate labels that were approved under a single COLA into a single label, provided the label or labels comply with placement requirements for mandatory information and all other relevant requirements. See revisions to Item 3 in red font below.
2. Industry members may add or delete two new claims (“Environmentally Conscious” and “Eco-Conscious”), in addition to the nine sustainable farming, environmental, and eco-friendly claims that are already authorized as allowable revisions in Item 36. See revisions to Item 36 in red font below.
3. Industry members may add, change, or delete opening instructions for box wine containers and tapping instructions for wine and malt beverages in kegs. In the case of box wine containers, the revisions may include graphics showing step-by-step instructions. See new Items 38 and 39 below.
4. Industry members may add, change, or delete the name or name and address of the container manufacturer. See new Item 40 below.
5. Industry members may change the stated numerical representation of the International Bitterness Units or Original Gravity on malt beverage labels. See new Item 41 below.

Any revision(s) an industry member makes under these provisions 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. The revisions, as described below, must also comply with the conditions described in the "Comments" section of the chart.

Amended and additional allowable revisions to approved labels:

Questions.

If you have any questions concerning this circular, please contact the Alcohol Labeling and Formulation Division at 1-866-927-2533 or https://www.ttb.gov/contact-alfd.

Mary G. Ryan
Administrator
Alcohol and Tobacco Tax and Trade Bureau

Page last reviewed: October 15, 2021
Page last updated: October 15, 2021
Maintained by: Regulations and Rulings Division