Category archives for “TTB license applications”

Staying up to Date

August 31, 2015

Congratulations! You have your alcohol license and you are now in business. Don’t forget though, applying for and getting your license is not the end of your regulatory responsibilities – you also have ongoing reporting obligations. If anything changes in your business, e.g., if you get new investors, or some investors leave, if you appoint a manager, if your officers or directors change, or if you move or open a new location, you must report it to the licensing authorities. Depending on the nature of the change, it may even be deemed a license transfer and may require the same type of paperwork that was involved in getting your license in the first place.

A winery in Northern California recently found this out the hard way after it failed to update its federal permit when there was a change of ownership, with shares in the business being moved into a trust. The Alcohol and Tobacco Tax & Trade Bureau (TTB) discovered this fact during a routine audit and took disciplinary action. The winery settled the matter by submitting an offer in compromise of $3,000, for failing to meet its reporting and tax obligations, which was accepted by the TTB. You can find out more HERE.

An industry member’s reporting obligations should not be taken lightly. If you make any changes to your business, you should report them as soon as possible. In California and under the federal regulations, you have thirty (30) days to report such changes and failure to do so may expose your license to disciplinary actions like the one described above.

If you have any questions about reporting or licensing, please contact one of the attorneys at Strike & Techel.

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2015 • All Rights Reserved •


TTB Label Applications Now Require Listing of Wine Varietals

July 08, 2011

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has updated the Certificate of Label Approval (COLA) form used to apply for label approval. The application, which is form TTB F 5100.31, now requests information about any grape varietals listed on a proposed wine label. Additionally, the COLA form has been updated to consolidate items needed for a pre-COLA evaluation, which is required for some products. The application form now consolidates these requirements into a “formula” field. The new COLAs online application system will also be updated to reflect these changes, but for the present time, COLAs filed electronically will not be required to include grape varietals.

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2010-2011 · All Rights Reserved ·


Streamlined COLA Process Announced by TTB

May 09, 2011

In a bid to streamline the Certificate of Label Approval (COLA) process, the TTB has announced that it will no longer examine COLA applications to determine whether the label images included in the applications meet the applicable type size, characters per inch, and contrasting background requirements. They will continue to review all submitted labels for inclusion of mandatory information and exclusion of the prohibited, but the TTB has asked industry members to self police when it comes to the technical character and background requirements. This does not mean, however, that the requirements can now be ignored. In the circular announcing the new policy, the TTB reserved the right to deny and return applications on type size, etc. grounds when it “deems necessary.” To that effect, the following statement will be included on new approved COLA applications:

QUALIFICATIONS: TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible industry member must continue to ensure that the mandatory information on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling regulations, 27 CFR parts 4, 5, 7, and 16, as applicable.

The official reason TTB has given for making the change in procedure was to reduce the time wasted in the COLA process due to image distortions in submitted electronic files. The good news is that the label approval process should be faster with this new policy in place. But the flip side is that the importers and bottlers submitting COLA applications bear greater responsibility for ensuring the labels are in compliance with the labeling regulations. In addition to reserving the right to reject non-compliant labels, TTB also has the power to revoke COLAs it has previously issued, so non-compliant labels that obtain an approval still could be rejected – even after being applied to bottles. The associated costs and logistics problems of a COLA revocation make it important to continue to pay close attention to the minutiae when creating new labels.

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2010-2011 · All Rights Reserved ·


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