Faster formula/label approval from the TTB??

There is good news for brewers who are tired of waiting for formula approvals from TTB (currently 74 days, according to TTB): you may not need it. On June 5, 2014, TTB issued a fairly significant ruling, Ingredients and Processes Used in the Production of Beer Not Subject to Formula Requirements. The ruling clearly spells out which Exempt Ingredients and Processes are now deemed “traditional” and, therefore, do not require a TTB formula approval.

Exempt ingredients include:

• Fruits: apples, apricots, blackberries, blueberries, cherries, cranberries, juniper berries, lemons, oranges, peaches, pumpkins, raspberries, and strawberries;
• Spices: allspice, anise, pepper/peppercorns, cardamom, cinnamon, clove, cocoa (powder or nibs), coriander, ginger, nutmeg, orange or lemon peel or zest, star anise, and vanilla; and
• Other: brown sugar, candy (candi) sugar, chili peppers, chocolate, coffee (beans or grounds), honey, maple sugar/syrup, molasses/blackstrap molasses, and lactose.

Exempt processes include:

• Aging beer in barrels (or using wood from barrels) that previously were (or were not) used to age wine or spirits, so long as the barrels do not contain a discernible quantity of wine or spirits.

In the past, brewers using some of these ingredients/processes could not get a TTB label approval until they had a formula approval in place. Now, many of these brewers can skip right ahead to submitting a label for approval. This may also speed up the label processing times (currently 17 days for beer), as fewer labels will be hung up waiting for formula approvals.

The ruling also provided some guidelines as to Examples of Adequate and Inadequate Designations, which will help brewers ascertain how to appropriately describe their now “traditional” beers.

http://www.dcbrewlaw.com/?p=823