TTB Revises Ingredients and Processes Used in the Production of Beer Not Subject to Formula Requirements

From The TTB:

TTB Determination
Held, The use of the ingredients or processes identified in Attachment 1 to this ruling in the production of beer does not require the filing of a formula under 27 CFR 25.55, or the submission of a pre-import letter (formula) under Industry Circular 2007-4, provided that the beer meets the definition of a malt beverage under 27 CFR 7.10 and the definition of a beer under 27 CFR 25.11, complies with the production rules set forth TTB Ruling 2014-4   
 
in 27 CFR 7.11 and 25.15, and at least 51 percent of the fermentable materials used in the production consist of malted barley with or without rice, other grains, bran, glucose, sugar, and/or molasses. TTB may request information about the formulation and ingredients of any beer or malt beverage at any time, on a case-by-case basis, during the label review process or whenever necessary to enforce TTB regulations.
 
Held further, Industry members remain responsible for using good commercial practices to ensure the safety of all ingredients and processes and for ensuring compliance with applicable regulations of the FDA with regard to ingredient safety, regardless of whether the ingredient or process is exempted from formula requirements under this ruling or is listed in an approved formula.
 
Held further, Brewers and importers using ingredients exempted under this ruling must label the malt beverage in accordance with trade understanding, which requires a designation that identifies the base product, such as “malt beverage,” “beer,” “ale,” “porter,” “stout,” “lager,” or “malt liquor,” along with a modifier or explanation that provides the consumer with adequate information about the fruit, spice, honey, or other food ingredient used in production of the beer.
 
Held further, Where more than one exempted ingredient is included, a designation in accordance with trade understanding may identify each ingredient (“Ale with cherry juice, cinnamon and nutmeg”), refer to the ingredients by category (such as “Fruit ale,” “Spiced ale,” or “Ale with natural flavors”) or simply include the ingredient or ingredients that the bottler or importer believes best identify the product (such as “Cherry ale,” “Cinnamon ale,” or “Nutmeg ale”). The designation must distinguish the product from a malt beverage, beer, ale, porter, stout, lager, or malt liquor that is not brewed or flavored with any of these ingredients; thus, unmodified designations such as “beer,” “stout,” or “ale” would not be acceptable. All parts of the designation must appear together and must be readily legible on a contrasting background. Designations that create a misleading impression as to the identity of the product by emphasizing certain words or terms are prohibited.
 
Held further, Pursuant to 27 CFR 25.55(f), TTB has determined that the aging of beer in barrels, or with woodchips, spirals, or staves derived from barrels, that were previously used in the production or storage of wine or distilled spirits, as well as woodchips previously used in the aging of distilled spirits or wine, is a process that does not require the filing of a formula, provided that the barrels, woodchips, spirals or staves do not contain, or add to the beer, any discernible quantity of distilled spirits or wine.
 
Held further, Label designations for malt beverages aged in barrels or with woodchips, spirals, or staves derived from barrels previously used in the production or storage of wine or distilled spirits, or from woodchips previously used in the aging of distilled spirits or wine, may, but are not required to, include a description of how the product was aged. Thus, for example, an acceptable designation for a standard beer aged in a wine barrel would be either “beer” or “beer aged in a wine barrel” or “wine barrel aged beer.” An acceptable designation for an ale brewed with honey and aged in TTB Ruling 2014-4 a bourbon barrel would be “honey ale” or “bourbon barrel aged honey ale” but not simply “ale” or “bourbon barrel aged ale.” All parts of the designation must appear together and must be readily legible on a contrasting background. Designations that create a misleading impression as to the identity of the product by emphasizing certain words or terms are prohibited.
 
Held further, Pursuant to TTB regulations at 7.29(a)(1) and (a)(7), malt beverage labels may not include misleading representations that imply that a malt beverage contains distilled spirits or wine, or is a distilled spirits or wine product. Examples of designations that would be prohibited under this provision are “bourbon-flavored lager,” “Chardonnay lager,” or “lager with whiskey flavors.”
 
Held further, TTB will qualify new certificates of label approval for malt beverages made with the ingredients exempted under this ruling and with the processes determined by this ruling to be traditional with a statement that the COLA is conditioned upon the bottler’s or importer’s compliance with this ruling.
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