News & Analysis as of

TTB

Pa.L.C.B. Changes Procedure on Brand Registration for Breweries

We have received official word that the Pa.L.C.B. has decided to change part of its procedure for brand registration. This was not a formal regulation change, but a change to the internal review and approval requirements....more

Alcohol and Tobacco Tax and Trade Bureau Announces Joint Operation Targeting Alleged “Pay-to-Play” Activities in Florida

by McDermott Will & Emery on

On July 20, 2017, the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) announced a joint operation it conducted with the Florida Department of Alcoholic Beverages and Tobacco (DABT) to investigate potential trade...more

Food and Beverage Alert: FDA Withdraws Food Coloring Draft Guidance

by Sherman & Howard L.L.C. on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) reminded industry members last week that they must comply with TTB and Food and Drug Administration (FDA) requirements concerning food additives. In particular, the TTB...more

TTB Guidelines for Advertising Alcoholic Beverages on Social Media

Social media has become one of the most powerful marketing tools for businesses, including alcoholic beverage industry members (e.g., brewers, distillers, wholesalers). In light of the prominence of social media advertising,...more

Senate Bill 155: The Brunch Bill - Expanded Version

by Ward and Smith, P.A. on

A few months ago, we provided a summary of North Carolina House Bill 500 and how it would have clarified many ambiguities under our state's existing alcoholic beverage laws and benefitted the brewing industry. Unfortunately,...more

The Brewers Association Releases the Independent Craft Brewer Seal

As the beer landscape in the United States continues to change, the Brewers Association has announced a way for consumers to ensure the beer they are buying is produced by an official “craft brewer.” Breweries in the United...more

Brewery Storage Fermentation Rules

In a recent legal advisory opinion, the Pa.L.C.B. further clarified what a brewery can and cannot do at its storage locations. Previously, in another blog post, we detailed the ability of a brewery to sell its products for on...more

Permits Moving to the Permits Online System this Fall Could Cause Substantial Delays

by McDermott Will & Emery on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently notified holders of permits that were originally filed in paper of plans to move all permits to the Permits Online (PONL) system this fall. ...more

TTB Releases Results of Annual Sampling Program: Many Common Label Violations Can Easily Be Avoided

Each year the TTB conducts its Alcohol Beverage Sampling Program where it randomly purchases products to assess whether their labels comply with federal regulations and to test whether their contents comply with the...more

Brand Registration and COLAs for New Jersey (only) Sales

TTB label approval is generally required only when an alcoholic beverage is going to cross state lines (see 27 C.F.R. §7.20). Meanwhile, the New Jersey Division of Alcoholic Beverage Control (ABC) requires that all brands...more

Implications of EU Ingredient Labeling Proposal for US Suppliers

by McDermott Will & Emery on

On March 13, the European Commission approved a report that calls on members of the alcohol beverage industry to develop a comprehensive self-regulatory system of ingredient and nutritional labeling for beer, wine, and...more

The Force Strikes Back: Pa.L.C.B. Now Approves of the Planogram

We previously published a blog post covering the problems with planograms, titled “Planograms – The Future of Bad Beer.” In that post, we cited Pa.L.C.B. Legal Advisory Opinion No. 16-112, which prohibited a distributor from...more

The TTB Proposes New Definition of Hard Cider

by McDermott Will & Emery on

On January 23, 2017 the Alcohol & Tobacco Tax & Trade Bureau (TTB) published a Temporary Rule and a Notice of Proposed Rulemaking (NPRM) related to the new definition of hard cider. Congressional action required a new...more

TTB Releases 2017 Semi-Monthly & Quarterly Excise Tax Return Due Dates

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has released its 2017 due dates for semi-monthly and quarterly excise tax returns. Be sure to file on time. The failure to file on time can result in a penalty of 5% of the...more

TTB Publishes a Federal Register Notice Adjusting the Civil Monetary Penalty under ABLA

by McDermott Will & Emery on

On January 10, 2017, TTB published a Federal Register notice adjusting the civil monetary penalty imposed for violations of the Alcohol Beverage Labeling Act of 1988 (the ABLA). The ABLA requires the labels of alcohol...more

Boozelaw: TTB Adopts Changes Designed to Benefit Startup Brewers, Winemakers and Distillers

by Varnum LLP on

For certain brewers, wine makers and distillers, the gift-giving season did not necessarily end in December. The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently announced it has adopted changes that may impact the tax...more

TTB Modified Tax Filing Timeframe for Some Taxpayers

by McDermott Will & Emery on

On January 4, 2017 TTB published in the Federal Register a temporary rule, T.D. TTB–146, modifying the tax filing timeframe for taxpayers who fall below a certain monetary threshold and removing the bond requirements for...more

TTB Changes Under the Fall Edition of the Unified Agenda

by McDermott Will & Emery on

On December 23rd, 2016 the federal government published its Fall edition of the “Unified Agenda” – a bi-annual compilation of all ongoing federal rulemaking projects. Attached is a copy of the TTB detail from this latest...more

TTB Publishes Final Rule to Streamline Importation and Exportation Procedures

by McDermott Will & Emery on

On December 22, 2016, TTB published a Final Rule implementing the streamlined importation and exportation procedures established by the International Trade Data System (ITDS). See 91 Fed. Reg. 94186 (Dec. 22, 1016). ITDS is...more

December 31st TTB and U.S. Customs Filing and Recordkeeping Changes

by Kelley Drye & Warren LLP on

Effective December 31, 2016, all imports of distilled spirits, wine, beer, and malt beverages, tobacco products, processed tobacco, and cigarette papers and tubes, must be filed through U.S. Customs and Border Protection’s...more

The Planogram – The Future of Bad Beer

The recent rush of brewery mergers follows a much longer trend of consolidation of the wholesale tier. State beer franchise laws, like ones in Pennsylvania, promote these wholesale consolidations, but that’s another story...more

The TTB Eliminates Bond Requirement for Smaller Breweries, Distilleries and Wineries

On November 7, 2016, the TTB released a “TTB Public Guidance” relating to the Protecting Americans from Tax Hikes Act of 2015 (the “Act”), which changed the Internal Revenue Code of 1986 regarding excise tax due dates and...more

When the TTB says no but the Pa.L.C.B. says yes: When do you need a COLA for off-premises growler sales?

Simply put, if you are a Pennsylvania brewery and looking to sell your products in growlers or crowlers for off-premises consumption, the answer to the question posed above is ALWAYS! Recently, we have been approached by...more

Two New TTB Rulings Issued on General Use Formulas

by McDermott Will & Emery on

On September 29, the Alcohol & Tobacco Tax & Trade Bureau (TTB) issued two new Rulings announcing the creation “general use formulas” for certain distilled spirits and agricultural wines. These general use formulas permit the...more

New TTB Final Rule Released on Denatured Alcohol

by McDermott Will & Emery on

The new TTB Final Rule that was released in the Federal Register on August 20, 2016 will partially streamline the use of non-beverage alcohol products in the US. While statutory requirements do not permit TTB to completely...more

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