NEW RULING EXEMPTS CERTAIN BEERS AND MALT BEVERAGES FROM FORMULA APPROVAL; PLEASE WITHDRAW PENDING FORMULAS FOR EXEMPTED PRODUCTS
On December 17, 2015, TTB issued TTB Ruling 2015-1, Ingredients and Processes Used in the Production of Beer Not Subject to Formula Requirements, which replaces TTB Ruling 2014-4. The new ruling expands the list of ingredients and beer-making processes that are exempt from beer and malt beverage formula requirements.
If you currently have any beer or malt beverage formulas in the “pending” status in Formulas Online, please review both your formula and Attachment 1 of TTB Ruling 2015-1 to determine if the formula is still required. If you have any applications pending in Formulas Online that you determine are for exempted products, please withdraw these applications and proceed immediately to label approval (if required).
Your previously approved formulas for malt beverages made with exempted ingredients will continue to be valid. However, we will not review new formulas submitted for products that do not require a formula, based on TTB Ruling 2015-1.
Avoid Delays in Label Approval Processing
To avoid delays in the processing of applications for label approval for malt beverages exempt under this ruling, brewers and importers are encouraged to note on their application that they are requesting approval of a new label for a product made with an ingredient or process that is now exempted under the new ruling and are labeling the product in accordance with the provisions of the ruling by inserting “TTB Ruling 2014-4” or “TTB Ruling 2015-1” (as applicable) as a comment on TTB F 5100.31, Application for and Certification/Exemption of Label/Bottle Approval or via COLAs Online.
Please review TTB Ruling 2015-1, Ingredients and Processes Used in the Production of Beer Not Subject to Formula Requirements for guidance on the labeling of malt beverages that are exempt from the formula requirements.
Questions? Contact the Advertising, Labeling and Formulation Division at 202-453-2250, or toll free at 866-927-AFLD (2533), or via email at alfd@ttb.gov.