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DEPARTMENT OF THE TREASURY
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Supporting Statement – Information Collection Requirement
OMB Control Number – 1513-0085
TTB REC 5130/5 - Principal Place of Business on Beer Labels
A. Justification.
1. What are the circumstances that make this collection of information necessary and what legal or administrative requirements necessitate the collection? Also include the following: Align the information collection to Treasury’s Strategic Goals, Line of Business/Sub-function, and IT Investment, if one is used.
TTB regulations require the name and address of the brewer to appear on labels of kegs, bottles, and cans of domestic beer. This requirement stems from two separate laws,
26 U.S.C. 5412 and 27 U.S.C. 205(e), each of which provides TTB authority to require by regulation the brewer's or bottler's name and address to appear on bottles and kegs of beer. The applicable regulations are 27 CFR 7.25, 25.141, 25.142, and 25.143.
If a brewer operates more than one brewery, TTB regulations give the brewer three options for showing their address: (1) The label may show the name and address of the brewery where the beer is bottled or packed (2) The label may show the addresses of all the breweries operated by the brewer (3) The label may show the brewer's "principal place of business" (city and State) as the address on the label. Use of either of the last two options requires the brewer to code the label, can, or keg cover to indicate the actual place of production of the beer.
This option to permit the "principal place of business" listing as the address on a beer label benefits multiplant brewers by allowing them to use an identical-universal label at all of their breweries. It relieves brewers from designing and producing new labels showing different brewery addresses every time that a brewery is built, acquired, sold, or closed. It benefits Government and industry by reducing the number of labels which are submitted for approval every year.
This information collection is aligned with:
Treasury Strategic Goal: U.S. & World Economies Perform at Full Performance
Potential.
Line of Business/Sub-function: Law Enforcement/Substance Control.
IT Investment: Regulatory Major Application Systems.
2. How, by whom, and for what purpose is this information used?
Identification of the brewer on beer labels is used by consumers when selecting the beer they buy. TTB uses the identity of the brewer on beer labels to verify claims for loss or destruction of beer, and to determine which brewer is responsible for a beer product in the event of product contamination or product recalls. .
3. To what extent does this collection of information involve the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology? What consideration is given to use information technology to reduce burden?
TTB has approved and will continue to approve, on a case‑by‑case basis, the
use of improved information technology for any records maintained by the brewer.
4. What efforts are used to identify duplication? Why can’t any similar information already available be used or modified for use for the purposes described in Item 2 above?
The information required on beer labels identifies each individual brewer’s place of business. The information gathered is unique and does not duplicate other gathered data.
5. If this collection of information impacts small businesses or other small entities, what methods are used to minimize burden?
This collection of information is not susceptible to reduced requirements for small businesses.
6. What consequences to Federal program or policy activities and what, if any, technical or legal obstacles to reducing burden will occur if this collection is not conducted or is conducted less frequently?
This collection is necessary in TTB’s missions to protect the revenue and protect the public. The proper identification of the producing brewer on beer labels assists in the collection of Federal excise tax and also is an essential tool in those cases when adulterated products may pose a health threat.
7. Are there any special circumstances associated with this information collection that would require it to be conducted in a manner inconsistent with OMB guidelines?
There are no special circumstances associated with this information collection.
8. What effort was made to notify the general public about this collection of information? Summarize the public comments that were received and describe the action taken by the agency in response to those comments.
A 60-day Federal Register notice was published for this information collection on Monday, June 21, 2013, at 78 FR 37662. The notice solicited comments from the general public. TTB received no comments.
9. What decision was made to provide any payment or gift to respondents, other than remuneration of contractors or grantees?
No payment or gift is associated with this collection.
10. What assurance of confidentiality was provided to respondents and what was the basis for the assurance in statute, regulations, or agency policy?
There is no confidentiality provided by a requirement to disclose to the general public the identity of the brewer through labeling.
11. What justification is there for questions of a sensitive nature?
We ask no questions of a sensitive nature.
12. What is the estimated hour burden of this collection of information?
TTB believes that brewers and bottlers of beer would identify themselves on
product labels as usual and customary business practices made necessary by the demands of the marketplace. Therefore, TTB considers any records kept by respondents and the actual reporting of the information on the labels to be usual and customary. A manufacturer of consumer commodities could not cultivate consumer loyalty without identifying the company through labeling information. Therefore, the total annual burden is one (1) hour for the 2,974 brewers. There is no period of retention prescribed for this reporting requirement since the requirement is to provide identification of the brewer through labeling.
13. What is the estimated total annual cost burden to respondents or recordkeepers resulting from this collection of information (excluding the value of the burden hours in Question 12 above?
No cost is associated with this collection.
14. What is the annualized cost to the Federal government?
There is no cost to the Federal government for this collection of information.
15. What is the reason for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I?
An adjustment in the number or respondents have increased; however, TTB’s interest in the respondent’s labeling activities does not impose any burden since labels are used by the respondents as a normal business practice and they would use them regardless of our interest, therefore the burden would always be 1 burden hour; more as a place marker than a measure of the burden.
16. Outline plans for tabulation and publication for collections of information whose results will be published.
The results of this collection will not be published.
17. If seeking approval to not display the expiration date for OMB approval of this information collection, what are the reasons that the display would be inappropriate?
It would be inappropriate to display the expiration date for OMB approval because this request requires that an address be placed on labels. Therefore, unlike the form, there is no medium for us to display the expiration date.
18. What are the exceptions to the certification statement?
(c) See item 5 above
(f) This is not a recordkeeping requirement; it covers 3rd party disclosure (labeling)
(i) No statistics are involved
(j) See item 3 above
B. Collection of Information Employing Statistical Methods
This collection does not employ statistical methods.
| File Type | application/msword |
| Author | ATF |
| Last Modified By | Wolfgang, Dawn |
| File Modified | 2013-09-09 |
| File Created | 2013-09-09 |