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February 1, 2013

Greetings!  We hope you are having a harmonious and inspirational week.  This edition includes the naming of Gail Hosey Davis as a Deputy Assistant Administrator, guidance regarding flood damaged alcohol beverages, notification of TTB information collection updates, and information about FDA's proposed rules to implement the Food Safety Modernization Act.

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In the TTB Newsletter, we compile the top TTB news of the week and other helpful information about the Bureau and the Federal alcohol and tobacco laws and regulations we enforce.

Please send any questions or comments to the Executive Liaison for Industry Matters at IndustryLiaison@ttb.gov and/or StateLiaison@ttb.gov.

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GAIL HOSEY DAVIS NAMED DEPUTY ASSISTANT ADMINISTRATOR, HEADQUARTERS OPERATIONS

GAIL HOSEY DAVISWe are pleased to announce that Gail Hosey Davis has been selected as Deputy Assistant Administrator, Headquarters Operations, beginning January 27, 2013.

Davis has served as the director of TTB's International Trade Division since 2003. In that position, she led the division in initiating several critical collaborations with many of our foreign counterparts. Her prior work experience includes 15 years with the Bureau of Alcohol, Tobacco, and Firearms, in a variety of roles including chief of staff of its Office of Science and Technology. Davis has a master's degree in public health.

 

TTB  GUIDANCE ON FLOOD DAMAGED PRODUCTS

In the aftermath of recent natural disasters, we have received questions about the safety of alcohol beverage products exposed to flood waters.

The U.S. Food and Drug Administration (FDA) offers guidance on its website about the safety of foods, including alcohol beverage products, adversely affected by hurricanes, flooding, and power outages. The FDA notice states that food products submerged in flood waters may pose a health hazard because of possible exposure to sewage, chemicals, heavy metals, pathogenic microorganisms, or other contaminants. The notice advises that certain food products that have been exposed to flood waters are adulterated and should not enter the human food supply.

It is TTB's position that adulterated distilled spirits, wines, and malt beverages are mislabeled within the meaning of the Federal Alcohol Administration Act (FAA Act). Subject to the jurisdictional requirements of the FAA Act, mislabeled distilled spirits, wines, and malt beverages, including adulterated products, may not be sold or shipped, delivered for sale or shipment, or otherwise introduced or received in interstate or foreign commerce, or remove from customs custody for consumption, by a producer, importer, or wholesaler, or other industry member subject to 27 U.S.C. 205(e).

If you have any questions about whether an adulterated alcohol beverage product can be reconditioned or whether it should be destroyed, please call TTB's Market Compliance Office at 202–453–2250, or toll free at 866–927–2533, and select option 5.

Read the TTB Announcement on Flood Damaged Products

TTB SEEKS COMMENTS ON SEVEN INFORMATION COLLECTIONS

We are currently inviting comments on a number of TTB forms and recordkeeping requirements.  These include the Drawback on Wines Exported form (TTB F 5120.24), which we are revising for clarity, as well as five other information collections related to alcohol and one related to large cigars.  For more details about these information collections and instructions for commenting on them, see our Federal Register notice of January 22, 2013.  Comments are due by March 25, 2013.      

FDA ISSUES PROPOSED RULES TO IMPLEMENT THE FOOD SAFETY MODERNIZATION ACT

On January 16, 2013, the Food and Drug Administration (FDA) issued two proposed rules implementing the Food Safety Modernization Act passed in early 2011.  In general, the first proposed rule concerns food processers and manufacturers, while the second concerns growers of certain fruits and vegetables.  Currently, TTB is evaluating the possible impact of these proposed FDA regulations on TTB–regulated industry members.

View the two proposed rules at Regulations.gov under Docket ID: FDA–2011–N–0920 (food processers and manufacturers) and Docket ID: FDA-2011–N–0921 (certain fruits and vegetables growers). Both proposals are open for public comment through
May 16, 2013.