Category Archives: TTB

Brewers’ Law 101: Federal TTB Retail Registration

TTB SealThe retail sale of alcoholic beverages is regulated by the federal government and the state government. Within the federal government, the U.S. Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) is the agency charged with collecting federal taxes on alcohol and assuring compliance with alcohol permitting, labeling, and marketing requirements.

Before selling alcoholic beverages within the United States, the retailer must register with the TTB. Unlike the manufacturing of alcoholic beverages, retail sales do not require specific approval by the TTB. Registering as a retailer with the TTB involves filing a short form in hard copy by mail. There is no registration fee.

Brewers’ Law 101: Federal TTB Manufacturing License

TTB Seal

For the next 10 weeks, we’ll devote a short post to each of the 10 licenses and permits that are generally required when a beverage manufacturer opens in Florida.

The manufacture of alcoholic beverages (generally, any beverage with greater than 0.5% alcohol by volume) is regulated by the federal government and the state government. Within the federal government, the U.S. Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) is the agency charged with collecting federal taxes on alcohol and assuring compliance with alcohol permitting, labeling, and marketing requirements.

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Label Laws for Florida Beverages

Beer Label 14.10.24Labels on alcoholic beverage containers must comply with both U.S. and Florida laws and regulations.

The reason these laws exist is to ensure container labels accurately represent the beverage inside. Beverage manufacturers must include specific information on the product labels. Florida manufacturers must also comply with the Florida Alcohol Beverage and Tobacco’s (ABT) label registration process and, in some cases, the federal Tax and Trade Bureau’s (TTB) label approval process.

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When a Brewery Closes

Credit Ben Husmann. Creative Common License.

Credit Ben Husmann. Creative Common License.

Have you every watched a runner take a hard fall during a marathon? That’s how I feel about Mile Marker Brewing Co.’s closing its taproom last week. I am sure it was a hard decision for the Mile Marker team, and I wish them the best.

I do not have any special insight into the situation at Mile Marker, but it got me thinking about some of the legal issues the may come up when a Florida brewery, winery, or distillery closes its doors. Continue reading

What to Expect When You’re Expanding

As Florida-made craft beer, spirits, and wine continue to grow in popularity, Florida beverage manufacturers may find it hard to keep up with demand. Every growing manufacturer must ask: Should we expand?

Deciding to expand involves answering a slew of questions, all while keeping existing production on track. This article reviews four primary questions a manufacturer must answer when thinking about an expansion.

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Federal Shutdown Won’t Stop the Flow of New, In-State Beers

Among the many negative consequences of the October 1, 2013 shutdown of the Federal Government (though not the most tragic) is the furlough of most of the workers at the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB), including the one person who approves labeling for new beers. This means that the TTB cannot approve new beers, including new seasonal beers, until the shutdown is over. And when the TTB does get back to work, the turn-around time for new beer approvals, which was running at about 12 days, is bound to be much longer because of the backlog.

But there is good news for local microbreweries.TTB approval is not required for new beers that will only be sold in-state. In a March 2013 ruling, the TTB announced that the TTB’s beer approval–called a “Certificate of Label Approval” (COLA)--is not required for beer that will be sold exclusively in the state in which it was bottled. New beer still has to comply with the marking, branding and labeling requirements under Federal law, including health warning statement requirements. Brewers may still need approval from their home state’s beer regulators (in Florida, the application is online), and they still need to comply with applicable state labeling laws. While we wait for the Federal Government to get back to work, we can still enjoy tasty new beers from our local microbreweries.

**********UPDATE:**********

One Florida Brewery Operations Manager emailed us and shared his experience with the TTB regarding Brand Registration. The TTB had told this Brewery Operations Manager that, “intrastate sales do not require COLA the Florida Brand Registration does require a TTB COLA ID in order to register the brand.  As you mentioned that it all depends on the state it seems as though FL breweries still need to get COLA even if it is in state sales only because the Florida DBPR requires a COLA ID in order to register a brand.”

 

Cheers!

MEL & TKB & Brew