Labeling and Advertising Requirements, Alcohol Facts Statements, and Major Food Allergen Labeling of Wines, Distilled Spirits, and Malt Beverages under the Federal Alcohol Administration Act
Labeling and Advertising
Requirements, Alcohol Facts Statements, and Major Food Allergen
Labeling of Wines, Distilled Spirits, and Malt Beverages under the
Federal Alcohol Administration Act
Revision of a currently approved collection
No
Regular
02/18/2025
Requested
Previously Approved
36 Months From Approved
08/31/2025
36,000
13,000
36,000
13,000
0
0
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. The information collection requirements related to the
required alcohol label and advertising disclosures are approved
under OMB No. 1513-0087. Under TTB's FAA Act authority, TTB is
issuing two proposed rules affecting this information collection:
Notice No. 237, Alcohol Facts Statements in the Labeling of Wines,
Distilled Spirits, and Malt Beverages (RIN 1513–AC93), and Notice
No. 238, Major Food Allergen Labeling for Wines, Distilled Spirits,
and Malt Beverages (RIN 1513–AC94). In the first proposed rule, TTB
is proposing to require disclosure of per-serving alcohol, calorie,
and nutrient content information in an “Alcohol Facts” statement on
all alcohol beverage labels subject to TTB’s regulatory authority
under the FAA Act. In the second proposed rule, TTB is proposing to
require a labeling disclosure of all major food allergens used in
the production of alcohol beverages subject to TTB’s regulatory
authority under the FAA Act. Under the proposed regulations, unless
an exception applies, labels must declare milk, eggs, fish,
Crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and
sesame, as well as ingredients that contain protein derived from
these foods, if used in the production of the alcohol beverage. In
each proposed rule TTB is proposing a compliance date of 5 years
after the date of a related final rule’s publication in the Federal
Register.
If the two proposed rules
related to this information collection request are finalized, the
title of this information collection request will be retitled
“Labeling and Advertising Requirements, Alcohol Facts Statements,
and Major Food Allergen Labeling of Wines, Distilled Spirits, and
Malt Beverages under the Federal Alcohol Administration Act," and
it will contain three information collections: (1) the existing
“Labeling and Advertising Requirements under the Federal Alcohol
Administration Act” collection; (2) the proposed “Alcohol Facts
Statements in the Labeling of Wines, Distilled Spirits, and Malt
Beverages” collection; and (3) the proposed “Major Food Allergen
Labeling for Wines, Distilled Spirits, and Malt Beverages”
collection. If the Alcohol Facts statement proposed rule is
finalized, new mandatory information collection requirements for
such statements will be added in proposed regulatory sections §§
4.111–4.114 for wine labels, §§ 5.211–5.214 for distilled spirits
labels, and §§ 7.211–7.214 for malt beverage labels. In addition,
references to the new requirements for an Alcohol Facts statement
will appear in §§ 4.32, 4.36, 4.38, 5.52, 5.63, 5.65, 7.52, 7.63,
and 7.65. Specifically, the new collection would require alcohol
beverage bottlers and importers to disclose the alcohol content of
the product expressed as a percentage of alcohol by volume and in
fluid ounces of pure ethyl alcohol per serving, as well as
information about the number of calories and the amount, in grams,
of carbohydrates, fat, and protein per serving. Bottlers and
importers could present the Alcohol Facts statement in either a
panel or a linear format. If the Major Food Allergens Labeling
proposed rule is finalized, TTB will revise existing regulatory
sections to add new mandatory information collection requirements
regarding the disclosure of such allergens in alcohol beverages at
§§ 4.32 and 4.32a for wine labels, §§ 5.63 and 5.75 for distilled
spirits labels, and §§ 7.63 and 7.75 for malt beverage labels.
Specifically, the new information collection would require alcohol
beverage bottlers and importers to disclose the presence of any of
the nine major food allergens (milk, eggs, fish, Crustacean
shellfish, tree nuts, wheat, peanuts, soybeans, and sesame), as
well as ingredients that contain protein derived from these foods,
if used in the production of the alcohol beverage, unless an
exception applies. The disclosure would state “Contains major food
allergen(s)” followed by a colon and the name of the food source
from which each major food allergen is derived. The addition of
these two new mandatory information collections to the existing
Labeling and Advertising Requirements information collection
currently approved under this collection request will increase the
estimated annual burden of this information collection request from
13,000 responses to 36,000, and the total burden hours for this
request from 13,000 hours to 36,000. Of the estimated 13,000
respondents to this collection request, all 13,000 will respondent
to the Labeling and Advertising Requirements collection and the
Alcohol Facts Statement collection, but TTB estimates that only
10,000 of those 13,000 will need to respond to the Major Food
Allergens Labeling collection as not all alcohol beverages contain
such allergens. Therefore, each respondent will make a minimum of
two and a maximum of three annual responses to this information
collection request, for an average of approximately 2.7692
responses per year per respondent.
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.
OMB No. 1513-0087 Supporting Statement (2 NPRMs).docx
Major Food Allergen Labeling for Wines, Distilled Spirits, and Malt Beverages