A third-party representative is a person or firm retained by an industry member in order to provide specific services for the member in dealing with TTB. In the label/formula approval area these services range from simple submission and return of an application via the Public Room in order to bypass any mail-room delays, to negotiations over areas of the label/formula that ALFD feels are in need of correction.
No. TTB provides the same level of service to third-party representatives as is provided to those who choose to work with TTB directly, but you may use a third-party representative if you so choose. ALFD Customer Service representatives will work directly with all industry members and representatives to answer label/formula questions and solve problems in a timely and accurate manner. The Public Room is open by appointment on Tuesdays, Wednesdays and Thursdays from 10:00 to 11:30 a.m. and from 2:30 to 3:30 p.m. Please call 1-866-927-2533 (toll free) or 202-453-2250 and select the appropriate option to schedule an appointment. Walk-In service hours are from 1:30 p.m. to 2:30 p.m. Monday through Friday except Federal holidays. Labeling/Formulation Customer Service representatives are available by phone from 8:30am-4:30pm EST, M-F
The U.S. Postal Service does not ship alcohol. Therefore, you will need to contact a private courier service such as FedEx or UPS to ship the alcohol. Also, contact the States to and from which you are shipping to find out if either has any laws or regulations prohibiting this practice.
No; TTB will work directly with the industry member or a representative. However; all requests to expedite a label application or temporary label approvals are reviewed on a case-by-case basis and require supporting documentation. All inquiries should be made directly to Customer Service at 866-927-2533.
No. All labeling, formulation and advertising services provided to you by TTB are free of charge.
Yes, TTB will work with a third-party representative if you choose to retain one. However, obtaining a third-party representative is completely voluntary.
For questions on alcohol advertising, labeling and formulation you may contact ALFD directly by e-mail or by phone at:
Email: Submit an Online Inquiry
Phone: 202-453-2250 or (toll-free) 866-927-2533
Option 1 = General information
Option 2 = Colas Online Password Resets
Option 3 = Colas Online Registration
Option 4 = Distilled Spirits/Malt Beverage Labeling and all Formulation
Option 5 = Alcohol Advertising
Option 6 = Wine Labeling
A certificate of label approval authorizes the certificate holder to bottle and remove or import alcohol beverages that bear labels identical to those shown on the certificate of label approval.
If your label is etched, embossed, or painted directly onto the container, or is clear acetate, you must submit a photograph of a filled representative bottle so that we may determine contrast and legibility of mandatory information. Photos should clearly show each side of the container that contains label information. See instruction number 7 of the general instructions for completing and submitting the TTB F 5100.31, Application for and Certification/Exemption of Label/Bottle Approval. The instructions are found at the end of the form.
Due to considerable increases in the number of label approval applications we receive and reductions in staffing, we no longer perform informal review of proposed labels. We offer a variety of resources on the Labeling Home Page to help you make sure your labels meet the regulatory requirements.
ALFD / revised August 2011
No. We authorize numerous changes that can be made to previously approved labels without applying for a new certificate of label approval (COLA), and the addition of an Internet address is one of the allowable revisions. The entire list of changes that may be made to approved labels without getting a new COLA is found on TTB F 5100.31, Application for and Certification/Exemption of Label/Bottle Approval. For more information, please visit our allowable revisions Web page, or to view examples use our Allowable Changes Sample Label Generator.
You may check the status of label applications filed electronically by logging on to COLAs Online at any time.
If you file paper applications, you may check the status of your label applications by contacting the Alcohol Labeling and Formulation Division by:
Please refrain from contacting us until after we exceed the current average processing time.
Average label processing times may be accessed:
Since responding to status inquiries diverts resources away from processing label applications, we request that you refrain from contacting us about the status of your applications unless we exceed the current average processing time for your commodity. Complying with this request allows the label specialists to focus their attention on processing applications.
ALFD / revised August 2011
Please visit COLAs Online for additional information.
A Statement of Process is a formula for a domestically produced flavored malt beverage, flavored or unflavored rice wine, or saké. A statement of Process consists of 1) a detailed and specific quantitative list of each ingredient in the product and 2) a step-by-step description of the production process. As a minimum, a Statement of Process must include information on the volume and alcohol content of the malt beverage base, identification and source of any flavoring material used in the product, the maximum volume and alcohol content of each flavoring material used in the product, the percentage of alcohol contributed by the flavor(s) to the finished product, a specific description of when flavoring material is added in the production of the product, and the total volume and alcohol content of the finished product.
Statements of Process must be on brewery letterhead.
If you want the flexibility to make changes to personalize your labels for customers without the need to submit new applications for each personalized label, you will need to follow the steps noted in public guidance TTB G 2017-2, Personalized Labels, dated 9/5/2017.
Bioengineered foods are food or drink made from plant varieties that are developed from using recombinant deoxyribonucleic acid (rDNA) technology (which is often referred to as "genetic engineering" or "biotechnology"). Specifically, bioengineered foods are produced from plants whose genetic material has been altered by inserting DNA molecules from another organism for the purpose of reproducing beneficial characteristics, such as added nutrition, better flavor, or greater ability to fight pests or diseases, of the original species in the receiving species. In 1994, the Food and Drug Administration (FDA) established a consultation process that helps ensure that foods developed using biotechnology methods meet the applicable safety standards.
There are no apparent health or safety risks associated with bioengineered foods used in the production of alcohol beverages. TTB has no basis for concluding that alcohol beverages produced from bioengineered ingredients differ from other alcohol beverages in any meaningful or uniform way, or that, as a class, alcohol beverages made from plant ingredients developed by the new techniques present any different or greater safety concern than alcohol beverages made from ingredients developed by traditional plant breeding.
Given the inquiries we have received and interest at the state level, we are reviewing our policy on the use of bioengineered food labeling statements or references on labels under our jurisdiction.
A description of specialized farming practices generally may appear on alcohol beverage labels as additional information provided it is truthful, accurate, specific, and does not conflict with, or in any manner qualify, mandatory labeling information. However, due to the constantly evolving nature of this field, TTB reserves the right to request clarification and documented verification of any graphics, seals, logos, definitions or language appearing on labels. For instance, any label specifically stating that the producer is certified by an agricultural organization must have documented proof.
Terms that refer to the environmental impact of the process and packaging rather than the product itself are usually acceptable. These words and phrases may not modify mandatory information on brand labels, but might appear as additional information after review on a case-by-case basis.
You may apply for a certificate of exemption from label approval for your wine only if it is produced or bottled in the United States and only if it will be sold, offered for sale, shipped, or delivered for shipment within the state in which it was bottled or packed (in other words, it will not be introduced into interstate commerce). This can be accomplished by selecting and completing item 18b on your label application, TTB Form 5100.31. Imported bottled wines are not eligible for a certificate of exemption from label approval and therefore must be covered by a Certificate of Label Approval.
Wines labeled under a certificate of exemption from label approval must show the statement, "For sale in _________(name of State) only." This statement may be added to a label covered by a certificate of exemption, or may be on an additional label that is affixed to the container. The statement does not have to appear on the label that is submitted to TTB, but must be on the container before it is removed from bond for consumption or sale.
Although the labeling requirements in 27 CFR Part 4, Labeling and Advertising of Wine, do not apply when a certificate of exemption is used, all of the rules in the wine regulations under the Internal Revenue Code of 1986 (IRC), 27 CFR Part 24, continue to apply to all wine bottled and packed in the United States. For example, 27 CFR 24.257(a) outlines what information must appear on your label, as well as the minimum type size requirements, for each bottle or other container of beverage wine prior to removal for consumption or sale. In brief, each label must contain:
Please see the complete text of 27 CFR 24.257 for additional information and guidance. (Note that Part 24 does not apply in Puerto Rico. See 27 CFR 24.2.)
The recordkeeping requirements in the IRC wine regulations continue to apply when a certificate of exemption is used. The wine regulations state in 27 CFR 24.257(b): "The information shown on any label applied to bottled or packed wine is subject to the recordkeeping requirements of [27 CFR 24.314, Label information record]," which states:
A proprietor who removes bottled or packed wine with information stated on the label (e.g., varietal, vintage, appellation of origin, analytical data, date of harvest) shall have complete records so that the information appearing on the label may be verified by an [sic] TTB audit. A wine is not entitled to have information stated on the label unless the information can be readily verified by a complete and accurate record trail from the beginning source material to removal of the wine for consumption or sale. All records necessary to verify wine label information are subject to the record retention requirements of § 24.300(d).
In addition, Congress recently amended section 5388(c) of the IRC (26 U.S.C. 5388(c)) to restrict the use of certain wine names of European origin for wines sold in the United States. These wine names are: Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine wine, Hock, Sauterne, Haut Sauterne, Sherry, Tokay and Retsina. These names may be used on labels for wine from the European Community (and made in accordance with the requirements of the Community) and on certain previously approved non-Community wine labels if their uses are grandfathered as of March 10, 2006. Because the IRC applies to wine regardless of whether it is in intrastate or interstate commerce, the restriction on the use of these names applies in both contexts. Accordingly, TTB will not issue a certificate of exemption for wine using one of these wine names in a manner not authorized by the statute. The change in the law was effective on December 20, 2006.
The Alcoholic Beverage Labeling Act of 1988, 27 U.S.C. 213 et seq., and implementing regulations in 27 CFR Part 16, which require a specified health warning statement on alcoholic beverages bottled or imported for sale or distribution in the United States, also apply equally to wine sold or shipped in intrastate or interstate commerce. Under Part 16, the required warning statement is a prerequisite for approval of a certificate of exemption from label approval, just as it is for a Certificate of Label Approval.
Finally, other laws may apply to fraudulent conduct used to sell mislabeled wine or to mislead consumers, including certain federal criminal statutes relating to fraud carried out through the use of: the mail; private or commercial interstate carriers; or wire, radio, or television communication in interstate or foreign commerce.
TTB has removed this question and answer on major food allergen labeling because it is no longer applicable.
TTB has recently noticed an increase in questions from industry members as to whether or not it is mandatory to use third-party representatives in order to receive label or formula approval, and if the Advertising, Labeling and Formulation Division (ALFD) provides special assistance when such representatives are employed. TTB has created some FAQs in order to address these concerns.
This is a complicated question, and the answer (see 27 CFR §4.25(b)) depends on the particular circumstances. State or local laws and regulations may be more restrictive than Federal laws and regulations in some instances, and, to use an appellation, the wine must conform to the laws and regulations of the named appellation area. (Please note that we use here certain states or regions only as examples to illustrate certain different circumstances.) We advise that you confer with state and local authorities regarding their requirements before finalizing your COLA submission. Remember that your wine, and the records that you keep, must adequately support any claims which are made on your label. The following situations serve as examples. There are certainly more factual circumstances that might have a different outcome.
Situation 1: I am making a wine with grapes or juice originating from a state that is contiguous to (that is, touching) my own state (e.g. when California grapes are used to produce wine in Oregon).Suppose that I have purchased Napa Valley, California, grapes that I will produce into wine in Oregon.
The most specific appellation of origin eligible for use is the name of the contiguous state (California). A viticultural area appellation of origin (e.g. Napa Valley) may NOT be used because the wine was not fully finished within that state.
Situation 2: The state from which the winemaking material originates is not contiguous to the state in which the wine is produced. For example, California grapes have been purchased to produce wine in New York.
The most specific appellation of origin eligible - for use is a country appellation, such as "American." Note that when a country is used as an appellation of origin a vintage date is NOT permissible for the wine.
Situation 3: I am purchasing grapes or juice from another country. An appellation of origin may NOT be used, as this wine is not eligible for such claims (see 27 CFR §4.25(b)(2)(ii)). A vintage date or a varietal designation (e.g. Merlot) may not appear on the wine, as both items require an appellation of origin present on the label. The wine may be labeled only with a more general class or type statement, such as "Red Wine" or "White Wine."
This question and answer have been temporarily removed from site pending internal review. Please check back soon.
TTB's authority to issue certificates of label approval (COLAs) for alcohol beverage products does not include trademark protection, as is stated in the instructions for TTB Form 5100.31, Application for and Certification/Exemption of Label/Bottle Approval. While TTB may be aware of an established trademark when acting on an application for a COLA, that awareness is important only for carrying out the labeling authority under the deception and misleading standards imposed by the Federal Alcohol Administration Act and not for purposes of Federal law applicable to trademarks. Therefore, TTB approval of a COLA neither automatically confers trademark protection, nor indicates that a particular mark may be used in violation of applicable intellectual property law.
The U.S. Patent and Trademark Office (USPTO) provides for trademark registrations and guides United States domestic and international intellectual property policies. The USPTO Web site address is www.uspto.gov/. You may find the USPTO's list of frequently asked questions on the subject of trademarks particularly helpful: www.uspto.gov/faq/trademarks.jsp. The USPTO also has a Web site on trademark protection specifically designed for small business owners at www.uspto.gov/smallbusiness/.