Home.Alcohol FAQs

Frequently Asked Questions

Alcohol FAQs

General Questions | Business Questions | Advertising, Labeling and Formulation | Organic Alcohol | Spirits | Wine | Beer | COLAs Online | Flavored Malt Beverages | Kombucha | Alcohol Beverages Containing Added Caffeine |
Export Certificate Program

DISCLAIMER - The Director, Regulations and Rulings Division of the Alcohol and Tobacco Tax and Trade Bureau (TTB) attempts to keep the answers to these questions current and accurate. However, TTB does not guarantee that this information is 100 percent accurate. In addition, the information may be modified, superseded, or made obsolete by recent changes in laws and regulations.

If you want to know about recent changes in the law and regulations, you may visit the following Web sites: THOMAS (The Library of Congress) and The Federal Register. If you are concerned with the accuracy of this information, please contact TTB or your legal advisor.

General Questions

G1:

Can I produce beer, wine or spirits for my personal or family use without paying federal excise tax and filing federal paperwork?

G2:

What are the federal and state excise taxes imposed on alcohol (spirits, wine or beer)?

G3:

Who can I contact when I have a complaint or suspect illegal activity by a bar, club, liquor store, restaurant or other business selling beverage alcoholic products (spirits, wine or beer)?

G4:

Does TTB have information or studies about the effects of consuming alcohol?

G5:

How does TTB change its regulations?

G6:

Can a student make alcohol as part of a science fair project?

G7: Are commercial vinegar producers regulated by TTB?
G8: Can I make vinegar for personal use?
G9: Does TTB regulate butanols, such as isobutanol?

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Business Questions

BU1:

What must I do if I want to start a business that sells or imports beverage alcohol products (spirits, wine, or beer)?

BU2:

What is required to sell beverage alcohol products (spirits, wine, or beer) on the Internet?

BU3:

Can a business get back the tax money from alcohol or tobacco if the product is destroyed in a disaster such as a fire, earthquake, flood, or tornado?

BU4:

I do not run a bar or liquor store, but sometimes I include alcohol beverages with my product or service. Do I owe Special Occupational Tax (SOT) as a liquor dealer?

BU5:

I want to open a business that sells beverage alcohol products at retail such as a bar, catering service or carryout, how do I get a license and will I owe any Federal Tax or Fees?

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ADVERTISING, LABELING AND FORMULATION

A1:

Questions and Answers for TTB Ruling on Caloric and Carbohydrate Representations in Alcohol Beverage Labeling and Advertising.

A2:

I live in Pennsylvania and wish to send alcohol to my father in Arizona for his birthday. May I send this package through the mail or does the distributor have to send the package?

A3:

Does TTB charge a fee for label approval? If so, how much does it cost?

A4:

As a student at the University of Kansas, I am researching why alcohol beverages do not have a nutritional value label as do all other foods, includingwater. I would like to know the calorie content and other information of my drink.

A5:

I am trying to determine what I need to do to make and sell a fermented apple cider with alcohol content under 7 percent by volume. The Food and Drug Administration claims that this falls entirely within their jurisdiction. Does TTB also regulate these products?

A6:

How long does it take to get label approval?

A7:

Must I have an TTB permit before I can apply for label approval?

A8:

How do I secure a TTB permit or a brewer's notice?

A9:

What does it mean when your labels are approved?"

A10:

If I have an alcohol beverage with an etched or acetate label on the bottle, how do I show that information on the certificate of label approval?

A11:

Can I request informal or preliminary comments from TTB on a proposed label?

A12:

If I am only adding my Internet Web site address to a certificate of label approval, do I need to get a new label approval?

A13:

How can I check the status of my label application?

A14:

May I submit my label application electronically?

A15:

What is a Statement of Process?

A16:

How can I personalize my labels for customers to commemorate special occasions such as weddings, corporate events, etc., without having to submit each version of the personalized label to TTB for approval?

A17:

What are bioengineered foods?

A18:

Do bioengineered ingredients have any apparent health and safety risks when used in the production of alcohol beverages?

A19:

What is TTB's position with regard to the labeling statements about alcohol beverage products that are not bioengineered or that do not contain ingredients produced from bioengineered foods? For example, "Contains No GMOs," "GMO Free-Zone" or any similar references on alcohol beverages?

A20:

Am I permitted to label my product with a specialized farming term to show my compliance with or concern for environmental initiatives and movements?

A21:

What is required when applying for a certificate of exemption from label approval for my wine label instead of a Certificate of Label Approval on Form 5100.31?

A22:

Questions and Answers regarding Major Food Allergen Labeling for Wines, Distilled Spirits and Malt Beverages.

A23:

Questions and answers about third party representation in labeling and formulation matters.

A24:

Questions and answers about TTB Form 5100.51, Formula and Process for Domestic and Imported Alcohol Beverages.

A25:

I operate a domestic winery and I am making wine from grapes or juice that I have purchased from another state or country. What appellation of origin may I use?

A26:

This question and answer have been temporarily removed from site pending internal review. Please check back soon.

A27:

Does my TTB certificate of label approval mean I have trademark protection?

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ORGANIC ALCOHOL

OA 1:

I understand the United States Department of Agriculture (USDA) finalized regulations relating to the National Organic Program at 7 CFR part 205. How do these regulations affect the organic alcohol that I produce?

OA 2:

What is an Organic Claim?

OA 3:

What type of Organic Claims Exist:

OA 4:

When I submit a label application for a label with an organic reference, what additional documentation must I submit?

OA 5:

What information must appear on the Processor/Handling Document?

OA 6:

My imported wine has organic documentation from the European Union/European Commission; will this documentation be sufficient to support my organic claim?

OA 7:

What is an ACA Preview?

OA 8:

Where do I obtain the Accredited Certifying Agent Preview and Processor/Handling Certificate for imported products?

OA 9:

What documents must be provided if I want to state, "Made with Organically Grown Grapes?"

OA 10:

What else must I know if I want to state, "Made with Organically Grown Grapes?"

OA 11:

What is a "Certification Statement," and where must it go on a label?

OA 12:

I have a crop certificate, but the producer is not a certified organic handler. What type of organic claim can be made on the label?

OA 13:

What else must I know if I only want to state that my product contains "Organic" ingredients?

OA 14:

If the vintage date changes on my approved organic label, do I need to submit it for reapproval?

OA 15:

What are some common mistakes made when submitting organic labels?

OA 16:

My Organic Wine predates the introduction of USDA's National Organic Program (NOP), is my wine still considered "Organic," and what must I submit for label approval?

OA 17:

Aside from terms using the word "Organic," am I permitted to label my product with a specialized farming term to show my compliance with or concern for environmental initiatives and movements?

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Special Occupational Tax (SOT)

SOT 1:

I heard that the SOT has been eliminated and there is no longer a requirement to file and pay this tax. Is this true?

SOT 2:

Will I still be required to register my alcohol business and when will I register?

SOT 3:

I receive a federal tax stamp as receipt for filing and paying each year, and I am required to have this stamp in order to receive my state license. Will I still receive this stamp each year?

SOT 4:

I file a claim for drawback of excise tax I pay for alcohol used to manufacture cough syrup, mouthwash, etc. Do I still have to file and pay SOT and obtain a federal tax stamp in order to continue filing these claims?

SOT 5:

If I purchase or sell specially denatured alcohol, am I still liable for the tax?

SOT 6:

I have a balance due on current and/or prior SOT. Am I still liable for these taxes?

SOT 7:

I manufacture cigars and other tobacco products. Do I still have to pay SOT?

SOT 8:

Who do I contact if I have questions on this tax?

SOT 9:

I did not receive an SOT renewal notice from TTB. How do I renew my SOT registration?

SPIRITS

WINE

BEER

COLAs Online

About COLAs Online

Registering and Getting Access to COLA Online

Browser and Other Technical Requirements

Managing Your User Profile

Electronic Filing and Updates

Submitting Attachments and Viewing Printable Version

Accessing Formulas Online

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TTB TD-21 – Flavored Malt Beverage and Related Regulatory Amendments

TTB TD-21

FMB1:

How does TTB TD-21 impact the composition of flavored malt beverages?

FMB2:

When do these new standards go into effect?

FMB3:

My brewery produces a flavored malt beverage that derives over 90% of its alcohol content from added nonbeverage flavors, and only 10% of its alcohol content from fermentation at the brewery. What can we do if we want to continue to make this product on and after January 3, 2006?

FMB4:

Does the final rule apply to imported as well as domestic malt beverages?

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Alcohol Content Statement on Labels

FMB5:

The rule requires mandatory alcohol content labeling for flavored malt beverages. My brewery produces a fruit-flavored ale that derives 0.4% of its alcohol content from an added flavor. Do we need to label this ale with an alcohol content statement?

FMB6:

May I place the mandatory alcohol content statement on the back label?

FMB7:

My brewery produces a malt beverage made with a hop extract that adds a very minimal amount of alcohol to the product. Do we have to label this malt beverage with an alcohol content statement?

FMB8:

My brewery ships beer to 12 States, including one State that prohibits alcohol content on malt beverage labels. How do I comply with the Federal requirements as well as the State requirements?

FMB9:

The only change that my brewery must make to the label is to add the required alcohol content statement. Are we required to file a new application for label approval, or should we simply add the alcohol content statement to the label?

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Labeling and Advertising Provisions

FMB10:

What new labeling and advertising provisions have been added to the regulations?

FMB11:

My brewery's flavored malt beverage is labeled with a brand name that is also the brand name of a well-known distilled spirits product. Does TTB TD-21 allow this labeling practice?

FMB12:

Does the final rule allow the use of cocktail names on FMB labels?

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New Formula Requirements

FMB13:

How have the statement of process requirements changed?

FMB14:

What brewing processes will trigger the formula requirement?

FMB15:

What are examples of non-traditional processes that require the filing of a formula?

FMB16:

What are examples of traditional processes for which no formula is required?

FMB17:

What should I do if I'm not sure whether the process used by my brewery requires the filing of a formula?

FMB18:

What information should be included in a request for a determination as to whether use of a process requires the filing of a formula?

FMB19:

For what fermented products other than those produced through nontraditional processes must a formula be filed?

FMB20:

Can I file for an exemption from the formula requirement for use of a particular coloring, flavoring, or food material?

FMB21:

How do I file for such an exemption?

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Filing Formulas

FMB22:

What are the general requirements for filing a formula?

FMB23:

Where do I file a formula?

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Formula Information

FMB24:

What information must appear on each formula?

FMB25:

If I received approval for a beer base formula, should that information be included in the formula?

FMB26:

What other requirements apply to all formulas?

FMB27:

If my formula includes flavors containing alcohol, am I required to list the alcohol contribution of individual flavors and other nonbeverage ingredients containing alcohol?

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New and Superseding Formulas

FMB28:

When must I file a new formula (with a new formula number) for approval by TTB?

FMB29:

When may I file a superseding formula instead of a new formula?

FMB30:

How does a superseding formula affect the prior formula?

FMB31:

Should the superseding formula use the same formula number as the formula it replaces?

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Miscellaneous Formula Questions

FMB32:

Must separate formulas be filed for different products that require a formula?

FMB33:

May I file a formula for a beer base to be used in the production of one or more other fermented products?

FMB34:

When must a formula be filed?

FMB35:

Is there an exception to the rule regarding prior approval of formulas?

FMB36:

How long does my formula approval remain valid?

FMB37:

Will statements of process that were approved prior to the effective date of TTB TD-21 remain valid on and after January 3, 2006?

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Kombucha Beverage Products

K1:

What is kombucha?

K2:

Are kombucha alcohol beverages?

K3:

What is TTB doing about kombucha on the market?

K4:

Does the Federal Alcohol Administration Act (FAA Act) apply to kombucha with an alcohol content of 0.5 percent or more?

K5:

Are kombucha containers required to bear a health warning statement?

K6:

How will TTB classify kombucha containing 0.5 percent or more alcohol by volume for tax purposes?

K7:

What if my kombucha product contains less than 0.5 percent alcohol by volume at the time of bottling, but the alcohol content increases to 0.5 percent or more due to continued fermentation in the bottle?

K8:

What requirements apply to my production of kombucha as beer?

K9:

How do I qualify as a brewer?

K10:

What requirements apply to my production of kombucha as wine?

K11:

How do I qualify a wine premises?

K12:

May I produce kombucha at a location that is not qualified with TTB for the production of alcohol beverages as long as the finished product contains less than 0.5 percent alcohol by volume?

K13:

What Federal tax applies if my kombucha is beer?

K14:

What Federal tax applies if my kombucha is wine?

K15:

What if my kombucha contains less than 0.5 percent alcohol by volume at the time of bottling, but the alcohol content increases to 0.5 percent or more due to continued fermentation in the bottle?

K16:

What if my kombucha is intended to be kept refrigerated, but it is stored by the retailer in an unrefrigerated area, and the alcohol content increases to 0.5 percent alcohol by volume. Am I held responsible for the taxes?

K17:

For kombucha that contain 0.5 percent or more alcohol by volume, what responsibilities do distributors and retailers have?

K18:

Can I produce kombucha containing 0.5 or more percent alcohol by volume for my personal or family use without paying Federal excise tax?

 

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Alcohol Beverages Containing Added Caffeine

CAB1:

What Actions Has FDA Taken with Regard to Malt Beverages Containing Added Caffeine?

CAB2:

What Actions Has TTB Taken With Regard to the Malt Beverages Identified by FDA as Adulterated?

CAB3:

Will TTB Take Enforcement Action with Regard to the Alcohol Beverages that FDA Has Identified as Adulterated?

CAB4:

What are the Consequences under the FAA Act of a Determination that an Alcohol Beverage Product is Adulterated?

CAB5:

What if I Have Obtained a COLA or Formula Approval for My Alcohol Beverage?

CAB6:

How do TTB and FDA Interact with Regard to Adulterated Alcohol Beverages?

CAB7:

Is TTB Sharing Information with FDA About Alcohol Beverages Containing Added Caffeine?

CAB8:

Will TTB Continue to Approve Labels or Formulas for Alcohol Beverages Containing Added Caffeine?

CAB9:

Will TTB Take Action with Regard to Approved Labels or Formulas for Alcohol Beverages Containing Added Caffeine?

CAB10:

Does the Return of Alcohol Beverages Containing Added Caffeine by a Retailer or Wholesaler Violate the FAA Act's Prohibitions Against Consignment Sales?

CAB11:

What if My Alcohol Beverage Product Contains Caffeine But I Did Not Receive a Warning Letter from FDA?

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Export Certificate Program

ECP1:

How do I obtain an Export Certificate for wines, malt beverages, or distilled spirits being shipped to a foreign country?

ECP2:

How much time will it take for me to obtain an export certificate?

ECP3:

Does each label of wine need an individual Certificate of Origin or Age or Health Certificate/Sanitary Statement/Certificate?

ECP4:

I am not familiar with the Certificate of Free Sale and Certificate of Authenticity. Are they licenses?

ECP5:

I am exporting wine to the European Union. Must I use a VI1 for the exportation of wine products?

ECP6:

I need a chemical analysis of the product. Where can I find a list of approved laboratories?

ECP7:

Can I submit requests for export certificates electronically?

ECP8:

Can my local Chamber of Commerce process export certificates for me?

ECP9:

What can I do to ensure that my export certificates will be processed by TTB as quickly as possible?

Page last reviewed/updated: 11/10/2011

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