April 2012

Additional Update from the TTB on Labeling Disclosure for Cochineal Extract and Carmine on Alcohol Labels

by Lindsey A. Zahn on April 23, 2012

297167 10100206799538865 419634 47898525 1674787555 n Additional Update from the TTB on Labeling Disclosure for Cochineal Extract and Carmine on Alcohol Labels

Quinta Nova, Ferrão. — in Oporto, Porto, Portugal.

TTB recently announced, in final rule T.D. TTB-103, it is amending labeling regulations to require the listing of cochineal extract and carmine on the label of any alcohol beverage that contains one or both of the color additives. According to the final rule, “[t]his rule responds to a final rule issued by the Food and Drug Administration. Consumers who are allergic to cochineal extract or carmine will now be able to identify and thus avoid alcohol beverage products that contain these color additives.” (See T.D. TTB-103.) TTB indicates this requirement will apply to “products that are removed from domestic bonded premises or from customs custody on or after April 16, 2013; however, voluntary compliance with this final rule, including making any required labeling changes, may begin immediately.” For information on the effective date and the history of this change, see id. For more information on the final rule issued by the FDA, from which this change stems, refer to Listing of Color Additives Exempt From Certification: Food, Drug, and Cosmetic Labeling: Cochineal Extract and Carmine Declaration.

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Upcoming CLE International Conferences on Alcohol Beverage Law

by Lindsey A. Zahn on April 18, 2012

DSC 1072 200x300 Upcoming CLE International Conferences on Alcohol Beverage Law Continuing Legal Education (“CLE”) International is hosting two upcoming conferences on alcohol beverage law. The first, which is the Alcohol Beverage Law & Technology Conference, will be held in San Francisco, CA on May 11, 2012 and is co-chaired by James M. Seff, Esq. of Pillsbury Law and Marc E. Sorini, Esq. of McDermott Will & Emery LLP. It is a one-day national conference held at Hotel Nikko. The conference entails “[e]xperts from around the country [that] will bring you up-to-speed on the latest public policy debates and developments in intellectual property, electronic and digital media, data security and privacy, electronic discovery, and more.” (See Alcohol Beverage Law & Technology.) At the Alcohol Beverage Law & Technology conference, up to seven hours of MCLE credit, including one hour of ethics credit, can be earned. For more information on the schedule, topics, faculty, and how to register, see the brochure or the website for the Alcohol Beverage Law & Technology CLE Conference.

The second conference, which is CLE’s 17th Annual Wine, Beer & Spirits Law Conference, will be held in Austin, TX on September 20, 2012 through September 21, 2012. The promotional materials are not currently available for this conference, so please check the CLE website in the future for more information regarding this upcoming event.

The following is provided from Kerry Mason, the Program Attorney for CLE International:

New One-Day National Conference!

ALCOHOL BEVERAGE LAW & TECHNOLOGY

May 11, 2012—Hotel Nikko—San Francisco

Technology is advancing every day—are you ready?  CLE International brings you this exciting new Conference, specifically designed for those involved in wine, beer and spirits law.  Don’t miss out! Register now at www.cle.com/alcohol or (800) 873-7130.

Screen shot 2012 04 18 at 3.22.58 PM Upcoming CLE International Conferences on Alcohol Beverage Law
Alcohol Beverage Law & Technology CLE International Conference

Brochure property of CLE International. All remaining photographs are property of Lindsey A. Zahn, unless otherwise noted.

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Labeling Updates from the TTB for United States Alcohol Beverage Products

by Lindsey A. Zahn on April 16, 2012

Several updates from the TTB recently developed with respect to the alcohol beverage industry. These updates are noted below.

New Certificate of Origin Requirement for Exporting U.S. Alcohol Beverage Products to Korea: The recent trade agreement between the United States and Korea, along with its provisions, are particularly relevant for wine and alcohol beverage producers exporting products to Korea. The Agreement went into effect on March 15, 2012. (Read more about the trade agreement at U.S.–Korea Trade Agreement; New Opportunity for U.S. Exporters Under the U.S.–Korea Trade Agreement.) The Agreement is important to the alcohol beverage industry in the United States because it proposes to reduce and eventually eliminate tariffs on the exportation of alcohol beverages. The TTB, however, notes that a specific new addition is included in the Agreement: a certificate of origin for all U.S. alcohol beverages exported to Korea. For more information, see the TTB’s copy of the Korean–U.S. FTA Certificate of Origin necessary to claim a reduced tariff  and the Import/Export Requirements for Korea.

Alcohol  and Tobacco Tax and Trade Bureau Announces Revisions to Certificate of Label Approval (“COLA”) Form: On March 30, 2012 the Department of Treasury published a notice in the Federal Registry for TTB Form 5100.31, Application for the COLA. This notice is succeeds a prior notice, 76 FR 81016, published by the TTB on December 27, 2011. The December notice sought comments from the public on changes the TTB advanced  with respect to the form, such as adding new types of changes that can be made to alcohol beverage labels without acquiring a new COLA for that beverage. ”This [second] notice announces that the  Department of the Treasury has submitted the form to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 and solicits comments on the form.” Comments for this Federal Register notice can be submitted to the TTB until April 30, 2012. To learn more about submitting a comment with respect to the March notice, see Revisions to TTB Label Approval Form. 

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