TTB recently published a supplemental notice of proposed rulemaking (Notice No. 210A) in the Federal Register to reopen the comment period for standards of fill for wine and spirits.
As many may remember, TTB published a notice of proposed rulemaking (Notice 210) in 2022 requesting comments about changing the standards of fill for wine and (potentially) distilled spirits. The original proposed rule from 2022 called for ten (10) additional authorized standards of fill for wine (e.g., 180 mL, 300 mL, 330 mL, 360 mL, 550 mL, 620 mL, 700 mL, 720 mL, 1.8 L, and 2.25 L). Alternatively, the agency is also considering eliminating all but a minimum standard of fill for wine containers and all but a minimum and maximum standard of fill for distilled spirits containers.
The latest version proposes to add ten (10) more authorized standards of fill for wine or, alternatively, to eliminate all but a minimum standard of fill for wine containers. It also proposed to eliminate all but a minimum and maximum for distilled spirits containers.
The agency received a number of comments from the prior notice requesting that TTB approve of additional standards of fill for spirits (as opposed to removing all but a minimum and maximum fill for spirits). TTB also received a number of comments asking to remove the distinctions between standards of fills for distilled spirits in metal cans versus other containers. Additionally, TTB received comments requesting that the agency approve additional standards of fill for wine that were not previously listed in the ten proposed options.
TTB is asking that industry provide comments in regard to whether or not the agency should consider some, all, or none of the proposals discussed in Notice 210 and 210A.
If you would like to contribute to the notice, TTB requests comments before October 9, 2024.
For more information on wine or alcohol law, please contact Lindsey Zahn.
DISCLAIMER: This blog post is for general information purposes only, is not intended to constitute legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice