Flavored Malt Beverage FAQs

The final rule takes effect on January 3, 2006.

On and after January 3, 2006, a product that does not comply with the requirements of TTB TD-21 may not be produced at a brewery, bottled at a brewery, removed from a brewery with or without payment of tax, removed from customs custody for consumption, or (in the case of products not destined for exportation), transferred to a second customs bonded warehouse. Such a product may be reformulated for production at a distilled spirits plant.

Yes.

Yes. The final rule requires an alcohol content statement on the label of any malt beverage that contains any alcohol derived from added flavors or other added nonbeverage ingredients (other than hop extract) containing alcohol.

The mandatory alcohol content statement may appear on any label on the container. See 27 CFR 7.61 and 7.63.

As long as the malt beverage does not derive alcohol from any other added flavor or other added nonbeverage ingredient, it does not have to be labeled with an alcohol content statement.

Pursuant to the penultimate paragraph of the FAA Act, the labeling requirements of our Part 7 regulations apply only to the extent that state law imposes similar requirements on malt beverages sold within the state. Thus, brewers must comply with the labeling laws of the state in which the malt beverages are being sold. For additional information, please see TTB T.D.-21, Flavored Malt Beverages and Related Regulatory Amendments.

Your company may add an alcohol content statement to the label without applying for a new certificate of label approval.

Consistent with ATF Ruling 2002-2, the final rule prohibits the use of labeling or advertising statements, designs, devices, or representations that tend to create a false or misleading impression that a malt beverage contains distilled spirits or is a distilled spirits product.

The final rule provides that the use of a brand name of a distilled spirits product as the brand name of a malt beverage is not prohibited, provided that the overall label or advertisement does not present a misleading impression about the identity of the product.

The final rule permits the use of a cocktail name as the brand name or fanciful name of a malt beverage, provided that the overall label or advertisement does not present a misleading impression about the identity of the product.

Current regulations require brewers to file a statement of process whenever they propose to produce and market a fermented beverage under a name other than "beer," "ale," "porter," "stout," "lager," or "malt liquor." Under the new regulations, brewers will be required to file formulas (instead of statements of process) under the circumstances set forth in the regulations.

Formulas will be required whenever the brewer intends to produce a fermented product that will be treated by any processing, filtration, or other method of manufacture that is not generally recognized as a traditional process in the production of a fermented beverage designated as "beer," "ale," "porter," "stout," "lager," or "malt liquor."

Removal of any volume of water from beer; filtration of beer to substantially change the color, flavor, or character; separation of beer into different components; reverse osmosis; concentration of beer; and ion exchange treatments are examples of non-traditional processes for which brewers must file a formula.

Pasteurization; filtration prior to bottling; filtration in lieu of pasteurization; centrifuging for clarity; lagering; carbonation; and blending are examples of traditional processes for which brewers do not have to file a formula.

The appropriate TTB officer may determine whether or not use of a process not listed in 27 CFR § 25.55(a)(1) requires you to file a formula for approval. You may obtain such a determination from TTB by mailing a written request to the Assistant Director, Alcohol Labeling and Formulation Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Box 12 Washington, DC 20005.

The request must include:

• A detailed description of the proposed process;
• Evidence establishing that the proposed process is generally recognized as a traditional process in the production of a fermented beverage designated as "beer," "ale," "porter," "stout," "lager," or "malt liquor"; and
• An explanation of the effect of the proposed process on the production of the fermented product.

In general, formulas must be filed for:

• Any fermented product to which flavors or other nonbeverage ingredients (other than hop extract) containing alcohol will be added;
• Any fermented product to which coloring or natural or artificial flavors will be added;
• Any fermented product to which fruit, fruit juice, fruit concentrate, herbs, spices, honey, maple syrup, or other food materials will be added; and
• Saké, including flavored saké and sparkling saké.

Yes. TTB will grant such an exemption upon a finding that the coloring, flavoring, or food material in question is generally recognized as a traditional ingredient in the production of a fermented beverage designated as "beer," "ale," "porter," "stout," "lager," or "malt liquor."

Your request should be sent to the Assistant Director, Alcohol Labeling and Formulation Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Box 12 Washington, DC 20005, and must include the following information:

• A description of the proposed ingredient;
• Evidence establishing that the proposed ingredient is generally recognized as a traditional ingredient in the production of a fermented beverage designated as "beer," "ale," "porter," "stout," "lager," or "malt liquor"; and
• An explanation of the effect of the proposed ingredient in the production of a fermented product.

The requirements are as follows:

• The formula must be filed in writing;
• The formula must identify each brewery where the formula applies by including each brewery name, address, and registry number;
• You must serially number each formula, commencing with number "1" and continuing in numerical sequence;
• You must date and sign each formula; and
• You must file two copies of each formula with TTB.

Your formula should be filed with the Assistant Director, Alcohol Labeling and Formulation Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Box 12 Washington, DC 20005.

The new regulation permits the addition of flavors and other nonbeverage materials containing alcohol to beers and malt beverages. Malt beverages that contain not more than 6% alcohol by volume may derive no more than 49% of their alcohol content from flavors and other nonbeverage materials. If a malt beverage contains more than 6% alcohol by volume, not more than 1.5% of the volume of the finished product may consist of alcohol derived from flavors and other nonbeverage ingredients containing alcohol.

The following information must appear on each formula:

• You must list each separate ingredient and the specific quantity used, or a range of quantities used.
• You may include optional ingredients if they do not impact the labeling or identity of the finished product.
• For fermented products containing flavorings, the following additional information must appear:

The name of the flavor;

• The product number or TTB drawback number and approval date of the flavor;
• The name and location (city and State) of the flavor manufacturer;
• The alcohol content of the flavor; and
• The point of production at which the flavor was added (that is, before, during or after fermentation).

For formulas that include the use of flavors and other nonbeverage ingredients containing alcohol, you must explicitly indicate:

• The volume and alcohol content of the beer base;
• The maximum volumes of the flavors and other nonbeverage ingredients containing alcohol to be used;
• The alcoholic strength of the flavors and other nonbeverage ingredients containing alcohol;
• The overall alcohol contribution to the finished product provided by the addition of any flavors or other nonbeverage ingredients containing alcohol; and
• The final volume and alcohol content of the finished product.

Yes. You must refer in your formula to any approved formula number that covers the production of a beer base used in producing the formula product. If the beer base was produced by another brewery of the same ownership, you must also provide the name and address or name and registry number of that brewery.

The formula must also include a detailed description of each process used to produce the fermented beverage. The formula must state the alcohol content of the fermented product after fermentation and the alcohol content of the finished product. Finally, the appropriate TTB officer may at any time require you to file additional information regarding a fermented product, ingredients, or processes, in order to determine whether a formula should be approved or disapproved or whether the approval of a formula should be continued.

No. However, you must state the total alcohol contribution from these ingredients to the finished product.

A new formula must be filed when you –

• Create an entirely new fermented product that requires a formula;
• Add new ingredients to an existing formulation;
• Delete ingredients from an existing formulation;
• Change the quantity of an ingredient used from the quantity or range of usage in an approved formula;
• Change an approved processing, filtration, or other special method of manufacture that requires the filing of a formula; or
• Change the contribution of alcohol from flavors or ingredients that contain alcohol.

You may file a superseding formula instead of a new formula if you change ingredients or processes and these changes would not require a new certificate of label approval. A superseding formula replaces an existing formula, and should be filed only if you do not intend to use the existing formula any more. A superseding formula must be filed with TTB for approval.

When TTB approves a superseding formula, we will cancel your previous formula.

Yes, but you must annotate the formula number to indicate that it is a superseding formula number (For example, "Formula 2, superseding.")

Yes.

Yes. The base must conform to the standards set forth in 27 CFR § 25.15.

As a general rule, you may not produce a fermented product for which a formula is required until you have filed and received approval of a formula for that product.

You may, for research and development purposes (including consumer taste testing), produce a fermented product without an approved formula. However, if the product falls into the category of fermented products for which a formula is required, you may not sell or market the product until you receive approval of the formula.

As a general rule, your approved formula remains in effect until:

• You supsersede it with a new formula;
• You voluntarily surrender the formula;
• TTB cancels or revokes the formula; or
• The formula is revoked by operation of law or regulation.

Yes, provided that any finished product that could be made under the statement of process would be in compliance with the provisions 27 CFR part 25, as amended by TTB TD-21. You do not need to submit a new formula for approval if the product is covered by a statement of process that remains valid.