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Distilled Spirits - Notices of Proposed Rulemaking

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Notices Issued in 2024

Notice No. 232, Labeling and Advertising of Wine, Distilled Spirits, and Malt Beverages with Alcohol Content, Nutritional Information, Major Food Allergens, and Ingredients.  In this notice, published on January 31, 2024, TTB announced two virtual listening sessions and opened a docket for written comments to receive input from the public until March 29, 2024, on the labeling of wine, distilled spirits, and malt beverages to disclose per-serving alcohol and nutritional information, major food allergens, and/or ingredients. The notice, related supporting documents, transcripts of the two listening sessions, and posted comments are viewable on Regulations.gov within Docket No. TTB-2024-0002.

Notices Issued in 2022

TTB Seeks Comments on CBMA Imports Program Rulemaking:  In the Federal Register of Friday, September 23, 2022, TTB published a temporary rule, T.D. TTB–186, amending its regulations to implement recent changes made to the Internal Revenue Code and its Craft Beverage Modernization Act (CBMA) provisions.  Those changes transfer administration of the CBMA provisions regarding reduced excise tax rates on certain quantities of imported alcohol from U.S. Customs and Border Protection (CBP) to the Department of the Treasury, effective January 1, 2023.  Beginning on that date, U.S. importers will pay the full tax rate at entry and subsequently submit refund claims to TTB to receive the lower CBMA tax rates.  The temporary regulations establish procedures by which foreign producers may assign CBMA tax benefits to U.S. importers and those importers may receive the assignments and submit refund claims to TTB.

Through a concurrent notice of proposed rulemaking, Notice No. 215, TTB is soliciting comments on the temporary amendments and one further amendment to 27 CFR part 27.  To view all documents and comments related to the proposals, go to Docket No. TTB–2022–0009 at Regulations.gov.  To comment electronically, use the comment form for Notice No. 215 posted in Regulations.gov.  To submit comments by postal mail, see the instructions in the notice.  Comments are due by November 22, 2022. 

Notice No. 216, TTB Seeks Comments on Trade Practices Regulations: TTB is seeking public comment on its trade practice regulations related to the Federal Alcohol Administration Act’s exclusive outlet, tied house, commercial bribery, and consignment sales prohibitions (see 27 CFR Parts 6, 8, 10, and 11).  President Biden’s Executive Order 14036 (“Promoting Competition in the American Economy”), the Treasury Department’s related February 2022 report (“Competition in the Markets for Beer, Wine, and Spirits”), and public comments related to that report have raised questions about whether these regulations could be improved.  TTB invites comments on the issues described in this notice, published in the Federal Register on November 9, 2022.  To view all documents and comments related to this comment request, go to Docket No. TTB–2022–0011 at Regulations.gov.  To comment electronically, use the comment form for Notice No. 216 posted in Regulations.gov.  To submit comments by postal mail, see the instructions in the notice.  TTB extended the comment period for this notice until July 7, 2023.

Notice No. 213, Proposed Addition of American Single Malt Whisky to the Standards of Identity for Distilled Spirits.  In this proposed rule, TTB proposes to establish a standard of identity for “American single malt whisky” as a type of whisky that is a distinctive product of the United States.  Under the proposal, to be labeled American single malt whisky, the product must be distilled entirely at one U.S. distillery, and must be mashed, distilled, aged in the United States.  For complete details on this proposal, instructions on how and where to comment, and specific questions on which TTB is requesting comments, see Notice No. 213.  To view all documents and comments received related to this proposal, see Docket No. TTB–2022–0007 at Regulations.gov.  To comment electronically, use the Regulations.gov comment form for this proposal.  Comments are due by September 27, 2022. 

Notice No. 210, Standards of Fill for Wine and Distilled Spirits.  In this document, TTB proposes to add 10 additional authorized standards of fill for wine, along with related technical and other harmonizing changes. TTB also is considering, as an alternative, eliminating all but a minimum standard of fill for wine containers and all but a minimum and maximum for distilled spirits containers, thus potentially eliminating unnecessary regulatory requirements, reducing barriers to competition, and providing consumers broader purchasing options.  To view all documents and comments related to this notice of proposed rulemaking, see Docket No. TTB–2022–0004 at Regulations.gov.  To comment electronically, use the Regulations.gov comment form for this notice.  Comments are due to TTB by July 25, 2022.

Notices Issued in 2021
 

Notice No. 207, Modernization of Permit and Registration Application Requirements for Distilled Spirits Plants. In this notice of proposed rulemaking, TTB proposes deregulatory actions to modernize and streamline the permit application for distilled spirits plants and for users and dealers of specially denatured alcohol and tax-free alcohol. This proposal also relaxes some reporting requirements for changes to businesses holding such permits and registrations. Some of the proposals also apply to all Federal Alcohol Administration Act basic permit holders (including wineries, and importers and wholesalers of distilled spirits, wine, and malt beverages) and to alcohol beverage dealers. To view all documents and comments related to this proposal, see Docket No. TTB-2021–0010 at Regulations.gov. To comment electronically on this proposal, use the Regulations.gov comment form this notice. Comments are due to TTB by February 1, 2022.

Notice No. 205, Proposed Addition of Singani to the Standards of Identity for Distilled Spirits.  In this proposed rule, the Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to amend the regulations that set forth the standards of identity for distilled spirits to include Singani as a type of brandy that is a distinctive product of Bolivia.  This proposal follows a joint petition submitted by the Plurinational State of Bolivia and Singani 63, Inc., and subsequent discussions with the Office of the United States Trade Representative.  TTB invites comments on this proposed amendment to its regulations, including comments on its proposal to authorize a minimum bottling proof of 35 percent alcohol by volume (or 70° proof) for Singani.  To view the proposed rule, and any comments received, see Docket No. TTB–2021–0008 at Regulations.gov.  To comment electronically on this proposal, use the Regulations.gov comment form for this notice.  Comments are due to TTB by October 25, 2021. 

Notice No. 204, Promoting Competition in the Beer, Wine, and Spirits Markets; Request for Information.  In response to a recent Executive Order, the Department of the Treasury is soliciting comments regarding the current market structure and conditions of competition in the American markets for beer, wine, and spirits, including an assessment of any threats to competition and barriers to new entrants.  The requested comments will assist the Department and TTB in developing the report on competition in those markets required by the Executive Order.  To view Notice No. 204, the Executive Order, and the comments received, see Docket No. TTB–2021–0007 at Regulations.gov.  To comment electronically on this request, use the Regulations.gov comment form for this notice.  Comments are due to TTB by August 18, 2021, to ensure full consideration.  The Regulations.gov docket will remain open through October 1, 2021, and comments received after August 18, 2021, will be considered to the extent feasible.

Notices Issued in 2019

Notice No. 183: Elimination of Certain Standards of Fill for Distilled Spirits; Amendment of Malt Beverage Net Contents Labeling Regulation. In this proposed rule, TTB is proposing to eliminate all but a minimum and maximum "standard of fill" (container size) for distilled spirits containers. This action is intended to eliminate unnecessary regulatory requirements and provide consumers broader purchasing options. TTB welcomes comments on this proposed deregulation, and it also seeks comments on the merits of alternatives, such as adding new authorized standards of fill and developing an expedited process for adding additional standards in the future.

In addition, TTB is proposing to amend its regulations to specifically provide that distilled spirits may be labeled with the equivalent standard United States (U.S.) measure in addition to the mandatory metric measure, and that malt beverages may be labeled with the equivalent metric measure in addition to the mandatory U.S. measure. Such labeling is currently allowed, but is not explicitly stated in current regulations.

To view the proposed rule and any related comments, go to Docket No. TTB–2019–0005 at Regulations.gov. To comment electronically, use the Regulations.gov comment form for Notice No. 183. To submit comments by mail or hand delivery, see the instructions in the proposed rule.  You also may view the proposed rule as published in the printed Federal Register or as posted online at Federal Register 2.0. TTB has extended the comment period for this proposal, and comments are now due by October 30, 2019.

Notices Issued in 2018

Notice No. 176:  Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages. In this proposed rule, TTB is proposing to comprehensively amend its regulations governing the labeling and advertising of alcohol beverages in order to improve understanding of the regulatory requirements and to make compliance easier and less burdensome for industry members. As proposed, 27 CFR parts 4, 5, and 7 continue to contain the labeling regulations for wine, distilled spirits, and malt beverages, respectively, while the current subparts of parts 4, 5, and 7 that relate to advertising are removed from those parts and consolidated into a new part 14. These revisions are intended to simplify and clarify TTB’s alcohol beverage labeling and advertising regulatory standards, and incorporate statutory changes, international agreements, recent case law, and current TTB guidance documents and policy into the regulations. In addition, to mirror a proposed change in the part 5 regulations, TTB also is proposing to amend 27 CFR part 19 to increase the alcohol content tolerance for distilled spirits to 0.3 percent. TTB believes that this proposal will allow greater flexibility and business efficiencies for bottlers. 

To view the proposed rule and any comments related to this proposed rule, go to Docket No. TTB–2018–0007 at Regulations.gov. To comment electronically, use the Regulations.gov comment form for Notice No. 176. To submit comments by mail or hand delivery, see the instructions in the proposed rule.  You also may view the proposed rule as published in the printed Federal Register or as posted online at Federal Register 2.0. View corrections to Notice No. 176 here.  TTB has extended the comment period for this proposed rule until June 26, 2019.

Notices Issued in 2017

TTB Seeks Comments on Amendments Regarding Bond Requirements and Tax Return Filing Periods: On January 4, 2017, TTB published in the Federal Register a temporary rule, T.D. TTB–146, amending its regulations to implement section 332 of the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), which amends the Internal Revenue Code (IRC) to change tax return due dates and remove bond requirements for certain eligible alcohol excise taxpayers. Through a concurrent notice of proposed rulemaking, Notice No. 167, TTB is soliciting public comments on the temporary amendments and several other related proposals. To view all documents and comments related to this proposal, go to Docket No. TTB–2016–0013 at Regulations.gov. To comment electronically, use the Regulations.gov comment form for Notice No. 167. To submit comments by postal mail or hand delivery, see the instructions in the notice. Comments are due by March 6, 2017. Read the related TTB Announcement. (01/04/2017)

Notices Issued in 2016

T.D. TTB-138, Civil Monetary Penalty Inflation Adjustment—Alcoholic Beverage Labeling Act. In this interim final rule and comment request, TTB is increasing the maximum civil monetary penalty for violations of the Alcoholic Beverage Labeling Act of 1988 from $10,000 to $19,787. This increase results from the Federal Civil Penalties Inflation Adjustment Act of 1990 and other laws. To view all documents and comments related to this proposal, go to Docket No. TTB-2016-0006 on the Regulations.gov website. To submit a comment electronically, use the Regulations.gov comment form for T.D. TTB-138. To submit comments by postal mail or hand delivery, see the instructions in T.D. TTB-138. The rule is effective on July 1, 2016. Comments are due by August 30, 2016. (07/01/16)

Notice No. 159, Proposed Amendments to Streamline Importation of Distilled Spirits, Wine, Beer, Malt Beverages, Tobacco Products, Processed Tobacco, and Cigarette Papers and Tubes and Facilitate Use of the International Trade Data System. In this document, TTB proposes to amend its regulations governing the importation of distilled spirits, wine, beer and malt beverages, tobacco products, processed tobacco, and cigarette papers and tubes. With these amendments, we intend to streamline import procedures and to facilitate the electronic filing of import information in conjunction with U.S. Customs and Border Protection’s International Trade Data System. To view all documents and comments related to this proposal, go to Docket No. TTB–2016–0004 on the Regulations.gov website. To submit a comment electronically, use the Regulations.gov comment form for Notice No. 159. To submit comments by postal mail or hand delivery, see the instructions in the notice. Comments on this proposal are due by August 22, 2016. (06/21/16)

Notices Issued in 2015

TTB Announces ITDS Pilot Test; Seeks Comments on Import Filing Instructions: In Notice No. 156, TTB announces a pilot program in which importers, U.S. Customs and Border Protection (CBP), and TTB will test, as part of the International Trade Data System (ITDS) initiative, the electronic collection of import data required by TTB and the transfer of that data through CBP to TTB. TTB is also requesting comments on a draft set of Automated Commercial Environment (ACE) Filing Instructions that describes how importers of distilled spirits, wine, beer, tobacco products, processed tobacco, or cigarette papers and tubes may file information electronically to meet TTB requirements at the importation of those commodities. To view all documents and comments related to this proposal, go to Docket No. TTB-2015-0012 on the Regulations.gov website. To submit a comment electronically, use the Regulations.gov comment form for Notice No. 156. To submit comments by postal mail or hand delivery, see the instructions in the notice. Comments on the draft ACE Filing Instructions are due by October 6, 2015. (08/07/15)

Notices Issued in 2013

Notice No. 136: Reclassification of Specially Denatured Spirits and Completely Denatured Alcohol Formulas and Related Amendments. You may submit comments on this proposal, and view copies of the proposed rule and any comments TTB receives about it, online at the "Regulations.gov" website (https://www.regulations.gov) within Docket No. TTB-2013-0005. Please see Notice No. 136 for information on alternative methods for submitting comments. Comments must be received on or before August 26, 2013. (06/27/13)

Notices Issued in 2012

Notice No. 127, Proposed Amendment to the Standards of Identity for Distilled Spirits ("Cachaça" Proposal) The comment period for this proposed rule (NPRM) has been extended and comments are now due by July 9, 2012. You may view copies of the NPRM, various supporting documents, and any comments received about the NPRM on Regulations.gov within Docket No. TTB–2012–0002. To submit a comment electronically, use the Notice No. 127 comment form at Regulations.gov. To submit comments by postal mail or hand delivery, see the instructions included within the notice. (04/30/12)

Notice No. 126, Standards of Identity for Pisco and Cognac. Comments on this proposed rule are due on or before May 29, 2012. You may view copies of the proposed rule and any comments received about it on the Regulations.gov website within Docket No. TTB–2012–0001. To submit a comment electronically, use the Regulations.gov comment form for Notice No. 126. To submit comments by postal mail or hand delivery, see the instructions included within the notice. (03/27/12)

Notices Issued in 2011

Notice No. 124, Revisions to Distilled Spirits Plant Operations Reports and Regulations
The comment period for this notice has been extended until March 5, 2012. To submit comments electronically, use the Regulations.gov comment form for Notice No. 124. To submit comments by postal mail or hand delivery, see the instructions within the notice. To view the notice, the proposed operations report forms, and all comments received on this proposal, go to Docket No. TTB-2011-0010 within Regulations.gov. (12/05/11)

Notice No. 115, Time for Payment of Certain Excise Taxes and Quarterly Excise Tax Payment for Small Alcohol Producers 
This notice solicits comments on the temporary rules issued in T.D. TTB-89. Comments are due on or before March 21, 2011. To electronically submit comments, use the Regulations.gov comment form for this notice. To submit comments via postal mail or hand delivery, see the instructions within the notice. To view all comments and documents associated with this rulemaking, go to Docket No. TTB-2011-0001 at Regulations.gov. (01/20/11)

Notices Issued in 2010

Notice No. 114, Comment Period Extended for Notice No. 111, Disclosure of Cochineal Extract and Carmine in the Labeling of Wines, Distilled Spirits, and Malt Beverages
This notice extends the comment period until March 4, 2011, for Notice No. 111, Disclosure of Cochineal Extract and Carmine in the Labeling of Wines, Distilled Spirits, and Malt Beverages. See the posting for Notice No. 111 below for details on how and where to comment.

Notice No. 111, Disclosure of Cochineal Extract and Carmine in the Labeling of Wines, Distilled Spirits, and Malt Beverages 
The comment period for Notice No. 111 has been extended until March 4, 2011, by Notice No. 114. To electronically submit comments, use the comment form for Notice No. 111. To submit comments via postal mail or hand delivery, see the instructions within Notice No. 111. To view all comments and documents associated with this rulemaking, go to Docket No. TTB-2010-0008 at Regulations.gov. (11/05/10)

Notices Issued in 2009

Notice No. 96, Liquor Dealer Recordkeeping and Registration and Repeal of Certain Special (Occupational) Taxes The comment period closed on September 28, 2009. To view all comments and documents associated with this rulemaking, including the related temporary rule (T.D. TTB-79), go to Docket No. TTB-2009-0003 at Regulations.gov. (07/29/2009)

Notices Issued in 2008

Notice No. 83, Proposed Revision of Distilled Spirits Plant Regulations. To view all comments received, go to Docket No. TTB-2008-0004 at Regulations.gov. Comment period closed on February 3, 2009 (see Notice No. 92 regarding the comment period extension).

Notices Issued in 2007

Notice No. 75, Comment Period Extension for Notice No. 73. This notice extended the comment period for Notice No. 73 until January 27, 2008; see Notice No. 73 below.

Notice No. 74, Modification of Mandatory Label Information for Wine, Distilled Spirits, and Malt Beverages.   To view all comments received, go to Docket No. TTB-2007-0065 at Regulations.gov   Comment period closed November 13, 2007.

Notice No. 73, Labeling and Advertising of Wines, Distilled Spirits and Malt Beverages (Serving Facts Labeling). To view all comments received, go to Docket No. TTB-2007-0062 at Regulations.gov. Comment period extended to and closed on January 27, 2008 by Notice No. 75.

Notices Issued in 2006

Notice No. 62, Major Food Allergen Labeling on Alcohol Beverages. (Comment period extended until December 26, 2006; see Notice No. 64)

Notice No. 56, Proposed Quarterly Excise Tax Filing for Small Alcohol Excise Taxpayers. (Comment period closed April 3, 2006).

Notices Issued in 2005

Notice No. 53, Use of the Word "Pure;" Request for Comments. (Comment period closed March 20, 2006, by Notice No. 57).

Notice No. 53, Use of the Word "Pure;" Request for Comments. (Comment period closed February 6, 2006).

Notice No. 52, Suspension of Special Occupational Tax Payments. (Comment period closed December 30, 2005).

Notice No. 48, Comment Period Extension for Labeling and Advertising of Wines, Distilled Spirits and Malt Beverages. Extends comment period for Notice No. 41 until September 26, 2005. (See Notice No. 41 below.) (06/23/05)

Notice No. 41, Labeling and Advertising of Wines, Distilled Spirits and Malt Beverages; Request for Public Comment: Comment period closed September 26, 2005.

Notices Issued in 2004

Notices Issued in 2003

TTB Notice No. 16 - Evidence of Exportation for Distilled Spirits; Use of Alternative Documentation Comment period closed November 24, 2003.

TTB Notice No. 7 - Organic Claims in Labeling and Advertising of Alcohol Beverages. Comment period closed on May 23, 2003.

TTB Notice No. 5 - Electronic Signatures; Electronic Submission of Foms (2000R-458P) Comment period closed May 12, 2003.

TTB Notice No. 3 - TTB O 1130.2 - Delegation Order--Delegation of the Administrator's Authorities in 27 CFR Parts 19, 40, 71, 72 and 194

TTB Notice No. 2 - TTB O 1130.1 - Delegation Order-Delegation of the Administrator's Authorities in 27 CFR - ATF Delegation Orders adopted in TTB O 1130.1

TTB Notice No. 1 - TTB O 1190.1 - Delegation Order--Deciding Requests Under the Freedom of Information Act and the Privacy Act; Authority to Decide Administrative Appeals Under the Freedom of Information Act and the Privacy Act

Notices Issued in 2002

Notice No. 964 - Organic Claims in Labeling and Advertising of Alcohol Beverages. Reopening of comment period. Comment period closed on May 23, 2003.

Notice 954 - Organic Claims in Labeling and Advertising of Alcohol Beverages (10/08/02) Comment period closed 3/27/03

Notices Issued in 2001

Notice 923 - Distribution and Use of Denatured Alcohol and Rum (7/17/01)

Notice 917 - Alcohol Beverage Health Warning Statement (05/22/01)

Notices Issued in 2000

Notice No. 896 - Health Claims and Other Health-Related Statements in the Labeling and Advertising of Alcohol Beverages; Cancellation and Rescheduling of Public Hearings (Published: April 25, 2000)

Notice No. 892 - Health Claims and Other Health Related Statements in the Labeling and Advertising of Alcohol Beverages; Public Hearing (02/08/2000)

Notices Issued in 1999

Notice No. 884 - Health Claims and Other Health-Related Statements in the Labeling and Advertising of Alcohol Beverages (12/25/1999)

Notice No. 873; Re: Notice No. 872 - Prohibition of Certain Alcohol Beverage Containers and Standards of Fill for Distilled Spirits and Wine; (Extension of Comment Period). (04/12/1999)

Notice No. 872 - Prohibition of Certain Alcohol Beverage Containers and Standards of Fill for Distilled Spirits and Wine (98R-452P) (02/09/1999) (02/09/1999)

Notices Issued in 1998

Notice No. 870 - Distilled Spirits Plant Regulatory Initiative Proposals (11/30/1998)

 

Last updated: April 6, 2024
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