Labeling FAQs
Alcohol Labeling and Formulation Division
A1: Questions and Answers for TTB Ruling on Caloric and Carbohydrate Representation in Alcohol Beverage labeling and Advertising.
See “Frequently Asked Questions: TTB Ruling 2004-1” at https://www.ttb.gov/images/pdfs/rulings/2004-1.pdfA2: I live in one state and wish to send alcohol to my father in another state. May I send this package through the mail or does the distributor have to send the package?
The U.S. Postal Service does not ship alcohol. Therefore, you will need to contact a private courier service such as FedEx or UPS to ship the alcohol. Also, contact the States to and from which you are shipping to find out if either has any laws or regulations prohibiting this practice.A3: Does TTB charge a fee for label approval? If so, how much does it cost?
You pay no fee either to obtain a copy of the form (TTB F 5100.31, Application for and Certification/Exemption of Label/Bottle Approval) or to apply for label approval. If you are applying for label approval for the first time, you will need to send a copy of your approved basic permit or brewer’s notice (depending on your business). You must also submit your application in duplicate with the labels attached to the front of the form. If your labels are too large to fit on the front of the form, you must reduce them and place the originals on the back of the form. Item no. 17 of the label application should reflect the percentage of reduction.A4: As a student at the University of Kansas, I am researching why alcohol beverages do not have a nutritional value label as do all other foods, including water. I would like to know the calorie content and other information of my drink.
On August 10, 1993, the Bureau of Alcohol, Tobacco and Firearms published an advanced notice of proposed rulemaking in the Federal Register that solicited comments from the public and industry on whether the regulations should be amended to require nutritional information on labels of alcohol beverages. The comment period for the ANPRM closed on February 7, 1994. ATF received 55 comments in response to the advance notice. Only seven of these comments came from consumers. However, five of the seven consumers who commented opposed nutrition labeling. Overall, 80 percent of the comments received in response to the ANPRM opposed nutrition labeling for alcohol beverages. Thirty-five of the comments opposing nutrition labeling were submitted on behalf of industry, both domestic and foreign. After careful consideration of the petition and the comments received in response to the advance notice, ATF determined that an amendment of the regulations to provide nutrition information on labels of alcohol beverages is unnecessary and unwarranted. If you have a question about nutritional information on a particular product, you should contact the company by writing to the address on the label. Most companies will assist you if you ask them for this information.A5: I am trying to determine what I need to do to make and sell a fermented apple cider with alcohol content under 7 percent by volume. The Food and Drug Administration claims that this falls entirely within their jurisdiction. Does TTB also regulate these products?
The Food and Drug Administration has primary jurisdiction over the labeling of a fermented cider that contains less than 7 percent alcohol by volume. However, TTB has jurisdiction over some labeling requirements, most importantly the Government Warning Statement for any alcohol beverage over 0.5 percent alcohol by volume. These requirements are specified in 27 CFR part 16. Most commercial fermented cider producers must register with TTB and pay tax on their cider. There is a very limited exemption from registration and tax requirements for “the non-effervescent product of the normal alcoholic fermentation of apple juice only, which is sold or offered for sale as cider and not as wine or as a substitute for wine.” If the fermented cider you make does not fit that exemption, you must register with TTB as a bonded winery, pay tax and follow other rules for winery operation in TTB regulations at 27 CFR part 24, including TTB-enforced wine label requirements in 27 CFR § 24.257.A6: How long does it take to get label approval?
Certificate of Label Approval (COLA) processing times have increased for a number of reasons, including steady growth in the number of applications we receive and reductions in staff available to process applications. To help you with your planning process, we provide the current average COLA processing times for each commodity (wine, distilled spirits, and malt beverages) on our Web site and through our Customer Service Call Center phone line. This gives you a quick and easy way to check the average number of days we are taking to respond to COLA applications. You can access average COLA processing times:- on our Web site Labeling Home Page, or
- by phone at 202-453-2250 or toll free at 1-866-927-2533 to hear a recorded message:
- press 4 for malt beverage and distilled spirits labels, and
- press 6 for wine labels.
A7: Must I have a TTB permit before I can apply for label approval?
Yes, we must issue you a permit, brewer’s notice or approval to operate a bonded wine cellar (BWC) or tax paid wine bottling house (TPWBH) before you submit an application for a certificate of label approval.A8: How do I secure a TTB permit or a brewer’s notice?
Our National Revenue Center in Cincinnati, Ohio, issues basic permits and brewer’s notices. For information on obtaining a basic permit or brewer’s notice, contact the National Revenue Center. The toll free number is 1-877-882-3277.A9: What does it mean when your labels are approved?
A certificate of label approval authorizes the certificate holder to bottle and remove or import alcohol beverages that bear labels identical to those shown on the certificate of label approval.A11: Can I request informal or preliminary comments from TTB on a proposed label?
Due to considerable increases in the number of label approval applications we receive and reductions in staffing, we no longer perform informal review of proposed labels. We offer a variety of resources on the Labeling Home Page to help you make sure your labels meet the regulatory requirements. ALFD / revised August 2011A12: If I am only adding my Internet Web site address to a label, do I need to get a new certificate of label approval?
No. We authorize numerous changes that can be made to previously approved labels without applying for a new certificate of label approval (COLA), and the addition of an Internet address is one of the allowable revisions. The entire list of changes that may be made to approved labels without getting a new COLA is found on TTB F 5100.31, Application for and Certification/Exemption of Label/Bottle Approval. For more information, please visit our allowable revisions Web page, or to view examples use our Allowable Changes Sample Label Generator.A13: How can I check the status of my label application?
You may check the status of label applications filed electronically by logging on to COLAs Online at any time. If you file paper applications, you may check the status of your label applications by contacting the Alcohol Labeling and Formulation Division by:- email at Submit an Online Inquiry, or
- phone at 202-453-2250 or toll free at 1-866-927-2533.
- on our Web site Labeling Home Page, or
- by phone at 202-453-2250 or toll free at 1-866-927-2533 to hear a recorded message:
- press 4 for malt beverage and distilled spirits labels, and
- press 6 for wine labels.
A14: May I submit my label application electronically?
Please visit COLAs Online for additional information.A15: What is a Statement of Process?
A Statement of Process is a formula for a domestically produced flavored malt beverage, flavored or unflavored rice wine, or saké. A statement of Process consists of 1) a detailed and specific quantitative list of each ingredient in the product and 2) a step-by-step description of the production process. As a minimum, a Statement of Process must include information on the volume and alcohol content of the malt beverage base, identification and source of any flavoring material used in the product, the maximum volume and alcohol content of each flavoring material used in the product, the percentage of alcohol contributed by the flavor(s) to the finished product, a specific description of when flavoring material is added in the production of the product, and the total volume and alcohol content of the finished product. Statements of Process must be on brewery letterhead.A16: How can I personalize my labels for customers to commemorate special occasions such as weddings, corporate events, etc., without having to submit each version of the personalized label to TTB for approval?
If you want the flexibility to make changes to personalize your labels for customers without the need to submit new applications for each personalized label, you will need to follow the steps noted in public guidance TTB G 2017-2, Personalized Labels, dated 9/5/2017.A17: What are bioengineered foods?
Bioengineered foods are food or drink made from plant varieties that are developed from using recombinant deoxyribonucleic acid (rDNA) technology (which is often referred to as “genetic engineering” or “biotechnology”). Specifically, bioengineered foods are produced from plants whose genetic material has been altered by inserting DNA molecules from another organism for the purpose of reproducing beneficial characteristics, such as added nutrition, better flavor, or greater ability to fight pests or diseases, of the original species in the receiving species. In 1994, the Food and Drug Administration (FDA) established a consultation process that helps ensure that foods developed using biotechnology methods meet the applicable safety standards.A18: Do bioengineered ingredients have any apparent health and safety risks when used in the production of alcohol beverages?
There are no apparent health or safety risks associated with bioengineered foods used in the production of alcohol beverages. TTB has no basis for concluding that alcohol beverages produced from bioengineered ingredients differ from other alcohol beverages in any meaningful or uniform way, or that, as a class, alcohol beverages made from plant ingredients developed by the new techniques present any different or greater safety concern than alcohol beverages made from ingredients developed by traditional plant breeding.A19: What is TTB’s position with regard to the labeling statements about alcohol beverage products that are not bioengineered or that do not contain ingredients produced from bioengineered foods? For example, “Contains No GMOs,” “GMO Free-Zone” or any similar references on alcohol beverages?
Given the inquiries we have received and interest at the state level, we are reviewing our policy on the use of bioengineered food labeling statements or references on labels under our jurisdiction.A20: Am I permitted to label my product with a specialized farming term to show my compliance with or concern for environmental initiatives and movements?
A description of specialized farming practices generally may appear on alcohol beverage labels as additional information provided it is truthful, accurate, specific, and does not conflict with, or in any manner qualify, mandatory labeling information. However, due to the constantly evolving nature of this field, TTB reserves the right to request clarification and documented verification of any graphics, seals, logos, definitions or language appearing on labels. For instance, any label specifically stating that the producer is certified by an agricultural organization must have documented proof. Terms that refer to the environmental impact of the process and packaging rather than the product itself are usually acceptable. These words and phrases may not modify mandatory information on brand labels, but might appear as additional information after review on a case-by-case basis.A21: What is required when applying for a certificate of exemption from label approval for my wine label instead of a Certificate of Label Approval on Form 5100.31?
You may apply for a certificate of exemption from label approval for your wine only if it is produced or bottled in the United States and only if it will be sold, offered for sale, shipped, or delivered for shipment within the state in which it was bottled or packed (in other words, it will not be introduced into interstate commerce). This can be accomplished by selecting and completing item 18b on your label application, TTB Form 5100.31. Imported bottled wines are not eligible for a certificate of exemption from label approval and therefore must be covered by a Certificate of Label Approval. Wines labeled under a certificate of exemption from label approval must show the statement, “For sale in _________(name of State) only.” This statement may be added to a label covered by a certificate of exemption, or may be on an additional label that is affixed to the container. The statement does not have to appear on the label that is submitted to TTB, but must be on the container before it is removed from bond for consumption or sale. Although the labeling requirements in 27 CFR Part 4, Labeling and Advertising of Wine, do not apply when a certificate of exemption is used, all of the rules in the wine regulations under the Internal Revenue Code of 1986 (IRC), 27 CFR Part 24, continue to apply to all wine bottled and packed in the United States. For example, 27 CFR 24.257(a) outlines what information must appear on your label, as well as the minimum type size requirements, for each bottle or other container of beverage wine prior to removal for consumption or sale. In brief, each label must contain:- Name & Address of the wine premises where bottled or packed
- Brand name if different from the above
- Alcohol content as percent by volume or as stated in accordance with 27 CFR Part 4
- The kind of wine
- Net contents
A23: Questions and answers about third party representation in labeling and formulation matters.
TTB has recently noticed an increase in questions from industry members as to whether or not it is mandatory to use third-party representatives in order to receive label or formula approval, and if the Advertising, Labeling and Formulation Division (ALFD) provides special assistance when such representatives are employed. TTB has created some FAQs in order to address these concerns.A24: Questions and answers about TTB Form 5100.51, Formula and Process for Domestic and Imported Alcohol Beverages.
Questions and answers about TTB Form 5100.51, Formula and Process for Domestic and Imported Alcohol Beverages.A25: I operate a domestic winery and I am making wine from grapes or juice that I have purchased from another state or country. What appellation of origin may I use?
This is a complicated question, and the answer (see 27 CFR §4.25(b)) depends on the particular circumstances. State or local laws and regulations may be more restrictive than Federal laws and regulations in some instances, and, to use an appellation, the wine must conform to the laws and regulations of the named appellation area. (Please note that we use here certain states or regions only as examples to illustrate certain different circumstances.) We advise that you confer with state and local authorities regarding their requirements before finalizing your COLA submission. Remember that your wine, and the records that you keep, must adequately support any claims which are made on your label. The following situations serve as examples. There are certainly more factual circumstances that might have a different outcome. Situation 1: I am making a wine with grapes or juice originating from a state that is contiguous to (that is, touching) my own state (e.g. when California grapes are used to produce wine in Oregon).Suppose that I have purchased Napa Valley, California, grapes that I will produce into wine in Oregon. The most specific appellation of origin eligible for use is the name of the contiguous state (California). A viticultural area appellation of origin (e.g. Napa Valley) may NOT be used because the wine was not fully finished within that state. Situation 2: The state from which the winemaking material originates is not contiguous to the state in which the wine is produced. For example, California grapes have been purchased to produce wine in New York. The most specific appellation of origin eligible - for use is a country appellation, such as “American.” Note that when a country is used as an appellation of origin a vintage date is NOT permissible for the wine. Situation 3: I am purchasing grapes or juice from another country. An appellation of origin may NOT be used, as this wine is not eligible for such claims (see 27 CFR §4.25(b)(2)(ii)). A vintage date or a varietal designation (e.g. Merlot) may not appear on the wine, as both items require an appellation of origin present on the label. The wine may be labeled only with a more general class or type statement, such as “Red Wine” or “White Wine.”A27: Does my TTB certificate of label approval mean I have trademark protection?
TTB’s authority to issue certificates of label approval (COLAs) for alcohol beverage products does not include trademark protection, as is stated in the instructions for TTB Form 5100.31, Application for and Certification/Exemption of Label/Bottle Approval. While TTB may be aware of an established trademark when acting on an application for a COLA, that awareness is important only for carrying out the labeling authority under the deception and misleading standards imposed by the Federal Alcohol Administration Act and not for purposes of Federal law applicable to trademarks. Therefore, TTB approval of a COLA neither automatically confers trademark protection, nor indicates that a particular mark may be used in violation of applicable intellectual property law. The U.S. Patent and Trademark Office (USPTO) provides for trademark registrations and guides United States domestic and international intellectual property policies. The USPTO Web site address is www.uspto.gov/. You may find the USPTO’s list of frequently asked questions on the subject of trademarks particularly helpful: www.uspto.gov/faq/trademarks.jsp. The USPTO also has a Web site on trademark protection specifically designed for small business owners at www.uspto.gov/smallbusiness/.A28: I would like to use social media to inform consumers where to find my products or promote a special event at a restaurant or retailer. Are there any restrictions on this?
As we stated in TTB Industry Circular 2022-1, TTB considers advertising in social media to be subject to all of the same requirements and restrictions as any other type of advertising under the Federal Alcohol Administration Act (FAA Act) and the TTB implementing regulations (27 CFR part 4 subpart G, 27 CFR part 5 subpart N, and 27 CFR part 7 subpart N, and the “tied house” regulations at 27 CFR part 6). The regulations in parts 4, 5 and 7 require certain mandatory statements (e.g., responsible advertiser name and address) to appear in advertisements for wines, distilled spirits, and malt beverages, respectively. The regulations also prohibit certain advertising practices and statements from appearing in such advertisements. Under the tied house regulations in part 6, industry members may not induce a retailer, directly or indirectly, to purchase alcoholic beverages from the industry member to the exclusion of such products offered for sale by other persons. We consider the listing of a retailer in an industry member’s advertisement, including a social media ad, to be providing a thing of value that constitutes a means to induce that retailer to purchase alcoholic beverages from that industry member. As such, listing a retailer in advertising, including social media advertising, may be a violation of the FAA Act if it results in exclusion as described in 27 CFR 6.151 through 6.153, subject to the jurisdictional limits at 27 CFR 6.4. An exception in 27 CFR 6.98 provides that listing the names and addresses of two or more unaffiliated retailers selling the products of an industry member does not constitute a means to induce. The requirements of the exception are that:- The advertisement does not also contain the retail price of the product (except where the exclusive retailer in the jurisdiction is a State or a political subdivision of a State), and
- The listing is the only reference to the retailers in the advertisement and is relatively inconspicuous in relation to the advertisement as a whole, and
- The advertisement does not refer only to one retailer or only to retail establishments controlled directly or indirectly by the same retailer, except where the retailer is an agency of a State or a political subdivision of a State.