TTB regulations Archives - ALCOHOL LAW ADVISOR

TTB Issues Guidance on Application of Consignment Sales Regulations to Freshness Dating and Returns from Retailers

by Arthur J. DeCelle | Oct 17, 2017 | Trade Practices

On September 29, 2017, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Ruling 2017-2, which updates and supersedes older agency guidance on allowable returns of beer and malt beverage products that contain “pull dates” or other indicators of product freshness.

The Federal Alcohol Administration (FAA) Act includes a general prohibition on “consignment sales,” 27 USC 205(d). Congress believed that all transactions should be “bona fide” sales. Id. The intent was to prevent a wide range of unscrupulous practices that might occur if manufacturers and wholesalers furnishing alcohol beverages to retailers on consignment or with the right of return.

The FAA Act prohibition on consignment sales does not apply to “transactions involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold.” Id. TTB regulations provide an extensive list of reasons that a manufacturer or wholesaler can accept returns. 27 CFR, Part 11, Subpart D. (more…)

The Ban on Consignment Sales

by McDermott Will & Emery | May 24, 2017 | Legislation, Trade Practices

Most brewers are at least somewhat familiar with federal and state laws regulating the interrelationships between members of the different industry tiers. The most well-known are the “tied house” laws, which prohibit or severely restrict brewers or beer wholesalers from owning retail establishments (and vice versa), and substantially limit the ability of brewers or beer wholesalers to provide money, free goods, or other “things of value” to retailers.

Until recently, the laws prohibiting consignment sales in the alcohol beverage industry received little attention. But in the past 18 months, the settlement of two federal investigations involving the beer industry’s biggest players has focused new attention on the subject. This article will explain consignment sale laws in an effort to prevent brewers from inadvertently violating them.

Read the full article.

Originally published in The New Brewer, May/June 2017.

Proposed Regulation in Texas on Name and Address Labeling for Malt Beverages

by McDermott Will & Emery | Mar 7, 2017 | Advertising and Marketing, Trade Practices

Last week, the Texas Alcoholic Beverage Commission (“TABC”) circulated a draft amendment of Texas’ name and address labeling regulation for “malt beverages” (beer). A copy of the proposed amended regulation (with a redline of the changes) is can be found here.

Consistent with TTB regulations on name and address labeling for malt beverages, the current regulation requires only the name and address of the importer, with foreign producer information optional. The revised regulation, in contrast, requires:

On labels of containers of imported malt beverages, the name and principal place of business of the foreign manufacturer, bottler or shipper must be stated

The proposed regulation accordingly marks a significant Texas departure from federal labeling rules. First, it requires foreign producer information on the label. Second, it requires the label to show the name and principal place of business address of the foreign producer. This could require substantial changes to the labels of malt beverages sold in Texas.

The TABC is scheduled to hold a hearing in Austin on its proposed new regulation on Friday, March 10, 2017.

FDA Brewery Inspections

by McDermott Will & Emery and McDermott Will & Emery | Jul 27, 2016 | Food Safety and FDA

Most breweries have numerous dealings with the Alcohol and Tobacco Tax and Trade Bureau (TTB) and understand the need to comply with TTB regulations; this includes preparation for TTB audits and inspections. But the TTB is not the only federal agency with the authority to conduct a brewery inspection.

The Food and Drug Administration (FDA) also inspects food facilities, including breweries, to ensure they comply with FDA regulatory requirements. The FDA may conduct inspections as the result of routine surveillance, product quality issues, consumer complaints, or recalls. The agency also may conduct inspections to follow up on a previous inspection or an FDA enforcement action. The FDA also contracts with state and local food protection programs to conduct inspections and provide certification and training.

Read the full article, originally published in the July/August 2016 issue of The New Brewer.

TTB Issues Guidance on Application of Consignment Sales Regulations to Freshness Dating and Returns from Retailers

The Ban on Consignment Sales

Proposed Regulation in Texas on Name and Address Labeling for Malt Beverages

FDA Brewery Inspections

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