Lindsey Zahn P.C. files brewer’s notices and state licenses for breweries and brewpubs, and handles formulas and COLAs for new beers. It also advises on beers that fall under FDA rather than TTB labeling rules.
Applying for a brewery’s TTB permit, the brewer’s notice, is trickier than it looks. TTB recognizes two types of beer operations, breweries and brewpubs, and how beer leaves the premises is a key but complicated difference between them. Even experienced industry members sometimes apply for the wrong one, with real consequences for compliance and excise taxes.
Breweries also need to understand the difference between a malt beverage, labeled under TTB rules, and beer that falls outside that definition, which is labeled under FDA rules. Lindsey Zahn P.C. advises new and established breweries on both.
How the Firm Helps
- Draft and file the brewer’s notice with TTB
- Determine whether to file as a brewery or a brewpub
- Update and amend TTB permits
- Draft and file state license applications and amendments
- Draft and submit formulas to TTB
- Review labels and represent you during the COLA process
- Advise on FDA requirements for beers that are not malt beverages
- Provide ongoing compliance guidance
Process and Timeline
- Plan the right structure. The firm maps your products and sales plans to the federal permit and state licenses you need.
- Federal permit. The firm prepares and files the brewer’s notice with TTB.
- State licensing. The firm prepares the state license, including New York State Liquor Authority filings for New York businesses.
- Formulas and labels. Before launch, the firm handles formulas, label review, and COLAs so products can ship on time.
Federal and state applications can often be prepared in parallel. Plan for agency review on both before your opening or launch date, and file labels and formulas once your permits are on track.
Recent Representations
- Advised a brewer on FDA labeling for a hard seltzer produced from a brewed sugar base
- Drafted a brewer’s notice for a new brewery with a taproom and advised on brewery versus brewpub
- Handled federal and state licensing for an established brewery’s move to a new premises
Prior results do not guarantee a similar outcome.
Frequently Asked Questions
What’s the difference between a brewery and a brewpub?
They are distinct types of operations under TTB rules, distinguished largely by how beer is removed from the premises. The choice affects compliance and excise taxes, so it should be made before filing.
Does the firm work with businesses outside New York?
Yes. TTB and FDA requirements apply nationwide, and the firm represents clients across the United States on federal matters. It handles New York State Liquor Authority filings directly and advises on other states’ rules as your distribution grows.