Labeling and Advertising Requirements Under the Federal Alcohol Administration Act

Forms and Documents

Document Name	Status
1513-0087 Supporting Statement (Notice No. 176) Ver. 1.docx Supporting Statement A	2018-12-19

IC Document Collections

IC ID	Document Title	Status
16107	Labeling and Advertising Requirements Under the Federal Alcohol Administration Act	Modified

ICR Details

OMB Control No: 1513-0087	ICR Reference No: 201812-1513-002
Status: Historical Inactive	Previous ICR Reference No: 201510-1513-001
Agency/Subagency: TREAS/TTB	Agency Tracking No: Notice No. 176 - 2/2
Title: Labeling and Advertising Requirements Under the Federal Alcohol Administration Act
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 04/17/2019
	Date Received in OIRA: 12/21/2018
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2018	36 Months From Approved	06/30/2019
Responses	9,552	0	9,552
Time Burden (Hours)	9,552	0	9,552
Cost Burden (Dollars)	0	0	0

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Abstract: Under the authority of the Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 205(e) and (f), TTB has issued regulations regarding the labeling and advertising of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels and in advertisements of alcohol beverages and ensure that such labels and advertisements provide the consumer with adequate information as to the identity and quality of the product. Under these regulations, bottlers and importers of alcohol beverages must provide certain mandatory information and adhere to certain presentation standards for statements made on labels and in advertisements of alcohol beverages to ensure that consumers are not deceived or mislead about a product’s identity and quality. In Notice No. 176, Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages, a proposed rule published in the Federal Register on November 26, 2018 (83 FR 60562), TTB is proposing to comprehensively amend and reorganize its regulations governing the labeling and advertising of alcohol beverages. The regulatory revisions proposed in Notice No. 176 are intended to simplify and clarify TTB’s alcohol beverage labeling and advertising regulatory standards, and incorporate statutory changes, international agreements, recent case law, and current TTB guidance documents and policy into the regulations. TTB believes these changes will improve understanding of its regulatory requirements and to make compliance easier and less burdensome for industry members.

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Authorizing Statute(s): US Code: 27 USC 205(e) and (f) Name of Law: Federal Alcohol Administration Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1513-AB54	Proposed rulemaking	83 FR 60562	11/26/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Labeling and Advertising Requirements Under the Federal Alcohol Administration Act

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 12/21/2018

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