Form TTB F 5110.38 TTB F 5110.38 Formula for Distilled Spirits under the Federal Alcohol

OMB No. 1513-0046 (11/30/2009)

DEPARTMENT OF THE TREASURY

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)

FORMULA FOR DISTILLED SPIRITS UNDER THE FEDERAL ALCOHOL ADMINISTRATION ACT
( See instructions and conditions below)
1. CLASS AND TYPE OF PRODUCT

2. NAME, ADDRESS, AND PLANT NUMBER(S) OF MANUFACTURER (See instructions)

3. PROOF (Range may be shown)

4. FORMULAS SUPERSEDED:
PLANT NUMBER

FORMULA NUMBER

5. FORMULA (Use space here or at the top of the next page)

6. DATE

9.

7. MANUFACTURER

8. BY (Signature and Title)

FOR TTB USE ONLY (Items 9, 10 and 11)
LABELING (finished product only)
Harmless coloring, flavoring, or blending materials
must not total more than 2.5% by volume of the
The designation of the product must include a
finished product.
truthful and adequate statement of composition.
Sugar, dextrose or levulose, or a combination
The label must indicate the use of:
thereof must be used in an amount not less than
2.5% by weight of the cordial or liqueur.
Caramel
Certified color
The use of refining agents must not alter the basic
Artificial
flavor
Wine
characteristics or composition of the spirits.
The blended whiskey must contain not less than
20% straight whiskey on a proof gallon basis.

10. DATE

TTB F 5110.38 (10/2009)

11. APPROVED - TTB SPECIALIST FOR THE ADMINISTRATOR, ALCOHOL AND
TOBACCO TAX AND TRADE BUREAU.

12. FORMULA NUMBER

Item 5.

GENERAL INSTRUCTIONS
Every person who is required to file a formula under 27 CFR Parts 5, 7,
19, 24, and 25, will submit this form to the Advertising, Labeling, and
Formulation Division, Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street, NW, Washington, DC 20220. Permit approval and
formula approval are required prior to manufacture of any product
requiring a formula. Production may begin when the proprietor receives
an approved formula on TTB F 5110.38.
The number of copies to be filed is as follows: two copies for TTB's
records, and either one additional copy, or one additional copy for
each facility identified in item 2.
If the formula is approved, two copies will be retained by TTB and
the remaining approved copy(ies) will be sent to the addressee. The
addressee will forward approved copies (or two-sided reproductions)
to each facility identified in item 2. The copy(ies) must be retained
for 3 years.
SPECIFIC INSTRUCTIONS
Item 1. The class and type must agree with one of the class and type
designations in the regulations issued under the Federal Alcohol
Administration Act, except for distilled spirit specialties or cocktails
which may be designated as such for formula approval. Do not show
a brand or fanciful name.
Item 2. Enter the name, complete address, and plant number of the
applicant and the city, STATE, and plant number for all other plants
where the product will be manufactured.

(a)

List all ingredients which will be used. Flavoring or blending
materials must be identified by flavor title, and the name and
address of the manufacturer or the importer; if alcoholic, the
percentage of alcohol by volume and the manufacturer's
commercial formula number; or if approved on TTB F 5110.38,
the formula number and date of approval.

(b)

Identify all coloring agents added directly to the product or
contained in flavoring materials. Certified food colors must be
identified by FD&C number, for example "FD&C Yellow No. 5."

(c)

If any type of wine (including vermouth) is to be used in the
product, state the kind, percentage of wine to be used, whether the
wine is domestic or imported, whether the wine contains added wine
spirits, and the percentage of alcohol by volume of the wine.

(d)

If the finished product is to be labeled as containing a particular
class and type of distilled spirits (such as "Blackberry Liqueur &
Brandy" or "Coffee Liqueur & Non-Dairy Creamer"), the ingredients
used to produce the particular class and type of distilled spirits must
be listed in a manner so that they are distinguishable from the
remaining ingredients for the finished product.

Item 6. Number formulas in sequence. A proprietor of more than one
distilled spirits plant must use a unique system of serial numbers which
does not duplicate any formula number used at any plant prior to
January 1, 1980.
CONDITIONS FOR FORMULA APPROVAL

Item 3. If the product will be bottled at more than one proof, state the
alcoholic content as a range to include all proofs at which the product
will be bottled.

This approval is granted under 27 CFR, part 5 and does not in any way
provide exemption from or waiver of the provisions of the Food and Drug
Administration regulations relating to the use of food and color additives
in food products.

Item 4. Enter DSP number and formula number for each formula
which is superseded.

Addition of remnants or returned merchandise to a completed product
made under the same formula is permitted.

PAPERWORK REDUCTION ACT NOTICE
This request is in accordance with the Paperwork Reduction Act of 1995. The information collection is used by TTB to determine that wine is processed in
an authorized manner and meets one of the standards of identity for wine. The information is required to obtain a benefit.
The estimated average burden associated with this collection of information is 2 hours per respondent or recordkeeper, depending on individual circumstances. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Reports
Management Officer, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, Washington, DC 20220.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current, valid OMB
control number.
TTB F 5110.38 (10/2009)