December 5, 2024
Number: 2024–2
Expansion of List of Ingredients Used in the Production of Beer Exempt from Formula Requirements
To: Proprietors of Breweries and Others Concerned.
Purpose.
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is expanding its list of exemptions from the formula requirements for brewery products made with certain ingredients by exempting 24 additional ingredients. In general, brewers who intend to produce products with non-traditional ingredients or processes must obtain approval of the product’s formula before doing so. However, TTB may exempt ingredients and processes under certain conditions. TTB has listed the ingredients and processes it has exempted under this provision in prior TTB rulings, the last being TTB Ruling 2015–1, which added over 50 ingredients in Attachment 1. This industry circular announces our update of Attachment 1 to include the 24 new ingredients that are now exempted from formula requirements.
Background.
As described more fully in TTB Ruling 2015–1, TTB regulations require brewers to obtain formula approval under certain circumstances, including when “any fruit, fruit juice, fruit concentrate, herbs, spices, honey, maple syrup, or other food materials will be added.” See 27 CFR 25.55(a)(4). However, TTB may exempt ingredients from this requirement based on a finding that they are traditionally used in the production of fermented beverages designated as beer, ale, porter, stout, lager, or malt liquor. See 27 CFR 25.55(f).
TTB received two petitions requesting a total of 15 ingredients be added to the list of exempt ingredients. TTB reviewed several years of formula submission data and determined that it had sufficient information from this data to exempt 14 of them, with some caveats as described below. In addition, TTB identified an additional 10 ingredients that it also no longer considered necessary to require review for formula approval (including an expansion of the existing entry for tea to include Earl Grey tea).
TTB is not exempting ingredients requested in the petitions where TTB does not have a basis to do so, including where the ingredients appear to be uncommonly used based on their appearance in formulas. For these reasons, while TTB is accepting for inclusion dandelion leaves (also known as dandelion greens), TTB is not exempting dandelion root. Additionally, TTB is not expanding the current exemptions for peppermint and spearmint to include all species of the genus Mentha. Regarding the request for approval of “spruce leaves,” TTB is limiting the exemption to the two species of spruce listed in the FDA regulations as approved food additives.
The updated Attachment 1 to TTB Ruling 2015–1 notes each added or expanded ingredient with an asterisk.
These updates to Attachment 1 of TTB Ruling 2015–1 do not affect the content or holdings of the ruling. Further, as noted in the ruling, regardless of the stated exemptions, TTB retains the authority to request information about the formulation and ingredients of any brewery product on a case-by-case basis, during the label review process or when necessary to enforce TTB regulations. See 27 CFR 7.28, 27 CFR 25.53, and TTB G 2016–1A.
Questions.
If you have any questions concerning this industry circular, please contact the Regulations and Rulings Division at 202-453-2265 or use the contact us form.
Mary G. Ryan
Administrator
Alcohol and Tobacco Tax and Trade Bureau