Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the NPRM and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. The next submission to OMB must include the draft final rule.
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To provide consumers with adequate information as to the identity of alcohol beverage products, to prevent consumer deception, and to prohibit false or misleading statements on labels and in advertisements of such products, the Federal Alcohol Administration Act at 27 U.S.C. 205(e) and (f) requires that alcohol beverages sold or introduced into interstate or foreign commerce be labeled in conformity with regulations issued by the Secretary. The TTB regulations implementing the labeling and advertising provisions of the FAA Act, including the requirements to apply for and receive certificates of label approval (COLAs) or certificates of exemption of label approval are found in 27 CFR parts 4 (wine), 5 (distilled spirits), and 7 (malt beverages). In Notice No. 176, Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages, TTB is proposing to comprehensively reorganize its regulations governing the labeling and advertising of alcohol beverages in order to improve understanding of the regulatory requirements and to make compliance easier and less burdensome for industry members. As proposed, 27 CFR parts 4, 5, and 7 continue to contain the labeling regulations for wine, distilled spirits, and malt beverages, respectively, while the current subparts of parts 4, 5, and 7 that relate to advertising are removed from those parts and consolidated into a new part 14. In the proposed rule, TTB is proposing new recordkeeping requirements that will require alcohol beverage producers and importers to keep usual and customary records to substantiate: (1) COLA approval or exemption for products released into interstate or foreign commerce, and (2) claims made on any label or container subject to the requirements of part 4, 5, or 7, or any claim made in an advertisement subject to part 14. These substantiation requirements are new to the regulations, but they reflect TTBâs current expectations as to the level of evidence that industry members should have to support labeling claims. The proposed regulations also will require such records to be maintained and kept available for TTB inspection for five years from the time the alcohol beverage in question was removed from the bottling premises or from customs custody, or was last advertised, as applicable. TTB believes that these COLA approval and label and advertising claim substantiation records are necessary to ensure that labels applied to alcohol beverage containers are covered by a COLA or label approval exemption, and that claims made on the labels of alcohol beverage containers and claims made in advertisements for alcohol beverages are truthful, accurate, and not misleading and do not contain any prohibited practices.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
1513-NEW Supporting Statement (Substantiation Records) Ver. 1.docx
Certificates of Label Approval (COLAs) and Label and Advertising Claims Substantiation Records