Federal Regulation | Read Time: 2 minutes

New 2023 Rules for Alcohol Importers and Foreign Suppliers

The Craft Beverage Modernization Act (CBMA) is a provision in the Tax Cuts and Jobs Act of 2017 that lowered taxes on all beverage alcohol producers, big and small, foreign and domestic. In 2020, the tax cuts became permanent. Effective as of January 1, 2023, the Treasury Department–particularly, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB)–is in...

Continue Reading
ABT | Read Time: 4 minutes

Variation Requests by Florida Alcohol Suppliers

Laws and regulations that govern the production and sale of alcoholic beverage products can seem very strict. This is true for the most part. However, there are circumstances when variances from the rules–either permanent or temporary–are authorized. The key to any variance from federal or state alcoholic beverage regulations is the same: a request for variance must be made...

Continue Reading
Federal Regulation | Read Time: 3 minutes

Making and Distributing Non-Alcoholic Beverage Products in Florida

There’s more to life than alcohol–there’s food and non-alcoholic beverages too. Florida breweries, wineries, and distilleries way want to expand their manufacturing to include non-alcoholic beverages. For example, they may want to product bottled or canned water. Non-alcoholic beer, wine and spirits are also becoming increasingly popular. In addition, distributors that mostly deal in alcoholic products may want to...

Continue Reading
Breweries | Read Time: 3 minutes

Brewers’ Law 101: Federal FDA Food Facility Registration

The manufacturing of food products, including alcoholic beverages, is regulated by the U.S. Department of Health and Human Services’ Food and Drug Administration (FDA). The FDA is responsible for protecting and promoting public health through the regulation and supervision of food safety and other areas. Before manufacturing or selling alcoholic beverages (or any other food product), unless an exception...

Continue Reading
Beverage Legislation | Read Time: 4 minutes

Federal Advertising Rules for Alcoholic Beverages

Nearly all actors in the alcoholic beverage industry are subject to federal advertising regulations administered by the Trade Investigations Division of the Alcohol and Tobacco Tax and Trade Bureau (TTB). Separate regulations cover beer (27 CFR Part 7), wine (27 CFR Part 4), and distilled spirits (27 CFR Part 5), and there are a number of TTB administrative rulings...

Continue Reading
Federal Regulation | Read Time: 3 minutes

TTB: Generous Payment Terms Violate Federal Law

Under the Federal Alcohol Administration Act’s unfair competition and unlawful practices statute (27 US Code Section 205), alcohol suppliers are prohibited from selling alcohol to wholesalers and retailers on consignment. The TTB recently released Industry Circular 2022-1, which discusses the TTB’s position that long payment terms may violate the federal anti-consignment law. Federal Law Prohibits Anti-Competitive Arrangements Under Section...

Continue Reading
Federal Regulation | Read Time: 2 minutes

FDA Prior Notice Required for Imported Alcohol

FDA Prior Notice Provides Key Information about Imported Alcohol The US Food & Drug Administration (FDA) requires that a Prior Notice of Imported Foods be filed before any food product–including alcoholic beverages–be imported into the United States. The FDA Prior Notice is required regardless on the quantity of products being imported. For instance, a FDA Prior Notice is required...

Continue Reading
Beverage Legislation | Read Time: < 1 minute

Labeling for Alcoholic Products Exterior Packaging

Federal law requires that the well-recognized Government Warning: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. be affixed to a “conspicuous and prominent place...

Continue Reading
Beverage Legislation | Read Time: 2 minutes

Anxious About Federal Excise Taxes…Again

The end of the federal Craft Beverage Modernization and Tax Reform Act (CBMTRA) on December 31, 2020 would mean big excise tax increases for small manufacturers. What is the CBMTRA and Where is It Going? The CBMTRA was passed along with the Tax Cuts and Jobs Act of 2017. The federal law made changes to the US Tax Code...

Continue Reading
Federal Regulation | Read Time: 3 minutes

Federal and State Requirements for Florida Manufacturers of Hand Sanitizers

Temporary Relief from Federal Requirements for Nonbeverage Alcohol To encourage the nation’s alcohol manufacturers to produce hand sanitizer and ethanol for use in hand sanitizer during the COVID-19 pandemic, the federal Alcohol and Tobacco Tax and Trade Bureau (the TTB) issued Public Guidance 2020-1 and 2020-1A. The TTB guidance continues through December 31, 2020. Under the TTB guidance, the...

Continue Reading