Labeling and Advertising Requirements Under the Federal Alcohol Administration Act

Forms and Documents

Document Name	Status
OMB No. 1513-0087 Supporting Statement (06-2022).docx Supporting Statement A	2022-06-22

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: 202206-1513-001
Status: Received in OIRA	Previous ICR Reference No: 201904-1513-021
Agency/Subagency: TREAS/TTB	Agency Tracking No: ICN 85 - 6/10
Title: Labeling and Advertising Requirements Under the Federal Alcohol Administration Act
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/29/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	13,000	11,500
Time Burden (Hours)	13,000	11,500
Cost Burden (Dollars)	0	0

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Abstract: As required by the Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 205(e) and (f), the Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued regulations regarding the labeling and advertising of wine, distilled spirits, and malt beverages, which are contained in 27 CFR parts 4, 5, and 7, respectively. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. Under those TTB regulations, bottlers and importers of alcohol beverages must provide certain mandatory information, conform to regulatory requirements regarding certain voluntary disclosures, and adhere to certain presentation standards for statements made on labels and in advertisements of alcohol beverages. Those regulations ensure that consumers are provided with adequate, legible, and non-deceptive or misleading information as to the identity and quality of such products.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 9420	02/18/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 38830	06/29/2022
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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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	13,000	11,500	0	0	1,500	0
Annual Time Burden (Hours)	13,000	11,500	0	0	1,500	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: Program Changes: As summarized below, as a matter of agency discretion, TTB recently reorganized and clarified its alcohol beverage labeling and advertising regulations in 27 CFR parts 4, 5, and 7 in order to improve understanding of the regulatory requirements and to make compliance easier and less burdensome for industry members. The amendments made do not require alcohol beverage industry members to make changes to any existing alcohol beverage label or advertisement. In addition, the finalized regulations do not increase the requirements or estimated burden associated with this information collection. In T.D. TTB–158, published in the Federal Register on April 2, 2020 (85 FR 18704), TTB finalized certain proposed liberalizing and clarifying changes that could be implemented quickly and that would provide industry members greater flexibility in alcohol beverage labeling and advertising, particularly concerning the location of certain information on labels or in advertisements. In T.D. TTB–176, published on February 9, 2022 (87 FR 7526), TTB reorganized its labeling and advertising requirements for distilled spirits in 27 CFR part 5 and for beer in 27 CFR part 7. As a result of that second final rule, the regulatory section numbers in parts 5 and 7 associated with this information collection have changed from those previously reported. (TTB plans to issue a further final rule reorganizing its wine labeling regulations in part 27 CFR part 4, and placing all of its alcohol beverage advertising regulations in a new part 14.) Adjustments: Due to changes in agency estimates, TTB is increasing the number of annual respondents, responses, and burden hours associated with this information collection, from 11,500 for each to 13,000. These increases are due to continued growth in the number of alcohol beverage producers (bottlers) and importers in the United States and continued growth in the number of alcohol beverage products introduced into interstate commerce.

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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? No

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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: 06/29/2022

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