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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
OMB No. 1513-0087 Supporting Statement (2 NPRMs).docx	Supporting Statement A	Uploaded 2025-01-23	Missing upstream

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
271071	Major Food Allergen Labeling for Wines, Distilled Spirits, and Malt Beverages		New
271070	Alcohol Facts Statements in the Labeling of Wines, Distilled Spirits, and Malt Beverages		New
16107	Labeling and Advertising Requirements under the Federal Alcohol Administration Act		Modified

ICR Details

OMB Control No: 1513-0087	ICR Reference No: 202409-1513-004
Status: Received in OIRA	Previous ICR Reference No: 202206-1513-001
Agency/Subagency: TREAS/TTB	Agency Tracking No: Notice Nos. 237 & 238
Title: 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
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/18/2025

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2025
Responses	36,000	13,000
Time Burden (Hours)	36,000	13,000
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. 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.

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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-AC93	Proposed rulemaking	90 FR 5763	01/17/2025

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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: 3

table that charts list of burden

IC Title	Form No.	Form Name
Alcohol Facts Statements in the Labeling of Wines, Distilled Spirits, and Malt Beverages
Labeling and Advertising Requirements under the Federal Alcohol Administration Act
Major Food Allergen Labeling for Wines, Distilled Spirits, and Malt Beverages

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ICR Summary of Burden

table that charts list 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	36,000	13,000	0	23,000	0	0
Annual Time Burden (Hours)	36,000	13,000	0	23,000	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: 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.

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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: 02/18/2025

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