TTB Publishes Standards Of Fill Final Rule

Husch Blackwell LLP

On December 29, 2020, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) published a final rule in the Federal register that amends TTB’s regulations that govern wine and distilled spirits. Specially, the final rule adds seven new standards of fill for wine and distilled spirits. The additional container sizes are:

Wine Distilled Spirits
355 mL 1.8 L
250 mL 900 mL
200 mL 720 mL
  700 mL

The final rule comes after TTB published Notices 182 and 183 on July 1, 2019, which proposed to eliminate all but a minimum standard of fill for wine containers and eliminate all but minimum and maximum standards of fill for distilled spirits, respectively. Both notices also sought comments on alternatives to eliminating standards of fill, included authorizing some or all of the petitioned-for sizes discussed in the notices.

After reviewing the almost 2,000 comments, TTB decided not to eliminate the standard of fill for wine and distilled spirits. Rather, TTB is adding the most petitioned-for sizes. These additions, TTB believes, will result in many of the same benefits intended with eliminating the standard of fill, including providing bottlers with more flexibility, facilitating the movement of goods in domestic and international commerce, and providing additional purchasing option to consumers without causing disruption or confusion.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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