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.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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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 TTB’s 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