TTB NEWSLETTER | Weekly News

May 15, 2020

IN THIS ISSUE

Greetings! This week our top news is a new FAQ on virtual wine tasting rooms, an FDA petition that expands the use of spirulina extract to alcohol beverages (among other things), and several TTB forms/information collections that are open for public comment. Also, our TTB Online systems will be unavailable overnight May 21 while we perform maintenance.

NEW FAQ ON WINERY VIRTUAL TASTING ROOMS

We recently published FAQ W30 that addresses the applicable TTB requirements for a winery that wants to hold remote wine tastings with customers. The answer addresses topics such as COLA requirements, container sizes, labeling, taxes, and others.

W30: I am a winery that wants to provide a “virtual tasting room” experience by providing consumers the opportunity to order small containers of my wine similar in size to those found in winery tasting rooms. What TTB rules would apply?

Under TTB regulations, a winery may remove wine in a range of container sizes for sale and shipment to consumers. The requirements of the Federal Alcohol Administration Act (FAA Act), the Alcoholic Beverage Labeling Act of 1988 (ABLA), and the Internal Revenue Code (IRC), as well as the TTB regulations implementing those statutes, apply to any taxable removal from a winery premises, whether for shipments of small containers to consumers or otherwise.

See FAQ W30 for more details.

FDA COLOR ADDITIVE PETITION FOR EXPANDING USE OF SPIRULINA EXTRACT

Many alcohol beverage products contain color additives. Color additives are added to impart color which is not natural to the product, and may only be used consistent with Food and Drug Administration guidelines.

This petition proposes to amend the FDA color additive regulations in 21 CFR 73.530 Spirulina extract to expand the use of spirulina (Arthrospira platensis) extract to include alcoholic beverages, non-alcoholic beverages, condiments and sauces, dips, plant based products, salad dressings, and seasoning mixes at levels consistent with good manufacturing practice.

SOURCE: Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Proposed Rules.

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of petition.

SUMMARY: The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by GNT USA, Inc. (GNT), proposing that the color additive regulations be amended to expand the safe use of spirulina (Arthrospira platensis) extract at levels consistent with good manufacturing practice.

DATES: The color additive petition was filed on February 21, 2020.

COMMENT ON OUR FORMS AND OTHER INFORMATION COLLECTION REQUIREMENTS

On May 7, 2020, as required by the Paperwork Reduction Act, we published a notice requesting public comments on seven existing TTB information collections (forms, petitions, recordkeeping, and labeling requirements). The information collections open for comment are:

OMB No. 1513-0001, Tax Information Authorization (TTB F 5000.19)
OMB No. 1513-0003, Referral of Information (TTB F 5000.21)
OMB No. 1513-0062, Usual & Customary Business Records Relating to Denatured Spirits (TTB REC 5150/1)
OMB No. 1513-0085, Principle Place of Business Address & Place of Production Coding on Beer & Malt Beverage Labels (TTB REC 5130/5)
OMB No. 1513-0095, Application for Registration for Tax-free Firearms & Ammunition Transactions Under 26 U.S.C. 4221 (TTB F 5300.28)
OMB No. 1513-0127, Petitions to Establish or Modify American Viticultural Areas
OMB No. 1513-0139, Record of Carbon Dioxide Measurement in Effervescent Products Taxed as Hard Cider

To view this public notice and any comments received in response to it, go to Docket No. TTB–2020–000 at Regulations.gov. To submit a comment electronically on any of the information collections described in this notice, use the Regulations.gov comment form for the notice.

Comments on these information collections are due to TTB by July 6, 2020.

SYSTEM MAINTENANCE ALERT

TTBOnline.gov (includes COLAs Online, COLA Public Registry, Formulas Online, and Permits Online) will be unavailable from 8 p.m. ET on Thursday, May 21, until 6 a.m. ET on Friday, May 22, for system maintenance. Please contact the TTB Help Desk at TTB.Helpdesk@ttb.gov if you experience technical issues after the maintenance window.

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