In today’s bustling landscape of the alcohol beverage industry, several topics are gaining remarkable attention: the craft movement, low alcohol beverages, sustainability, and, notably, mead. But what exactly is mead, and how does it fit into the world of regulations?
Understanding Mead and Its Regulation
The classification of mead and how it is regulated largely depends on the context. However, from a federal regulatory perspective, traditional mead falls under the category of wine, specifically known as “honey wine” as recognized by the Federal Alcohol Administration Act (“FAA”). Consequently, the regulation of mead is akin to that of wine. This means that most establishments producing mead, often referred to as meaderies, are required to secure a federal winery license from the Alcohol and Tobacco Tax and Trade Bureau (“TTB“) to operate.
But What Exactly is Mead?
According to the Internal Revenue Code (“IRC”), mead is recognized as an agricultural wine, crafted from the fermentation of agricultural products other than fruit juice. Standard honey wine, as defined by the IRC, cannot contain any flavoring or coloring materials other than hops. Moreover, the IRC definition of mead is restricted to an alcohol content of 14% by volume and the product must not contain wine spirits. (It is important to note that the IRC does allow for wine specialty products made from a honey wine base. However, these are not considered standard agricultural wines; instead, they fall under the classification of “Other Than Standard Wines” or “OTS Wines.”)
However, the FAA and its implementing regulations indicate that a product designated as “honey wine” must be derived wholly from honey, except for water, sugar, or added alcohol. Under the FAA, the product may contain hops but the hops must be added in compliance with regulations set forth in Part 24 of 27 CFR. Additionally, the term “mead” is also an acceptable designation for products that meet the criteria for “honey wine.” On the other hand, wines fermented from honey that do not meet the standards of identity under 27 CFR § 4.21(f) instead fall under the standards outlined in 27 CFR 4.21(h) and must be designated as “imitation” or “other than standard wines” (OTS wine).
Mead Labeling and Certificate of Label Approval (“COLA”)
One common question is whether mead producers need a COLA for their products. The straightforward answer is yes. A bottler of mead is obligated to obtain a COLA from the TTB before the mead can be removed from the bonded TTB premise. Some exceptions exist, such as when the product is only sold or distributed within the state where it is produced. In such cases, the bottler can request an exemption, provided they guarantee that the product will not be sold in interstate or foreign commerce.
Note that COLA requirements, as per the FAA, apply only to wines with an alcohol by volume of 7% or higher. Mead products bottled under 7% alcohol by volume fall under the labeling jurisdiction of the Food and Drug Administration (“FDA”).
Lindsey Zahn P.C. – Your Partner in Mead Regulation
Starting a meadery or navigating the intricacies of the mead business can be challenging. Dealing with multiple federal and state agencies while managing costs and timelines can be quite demanding. That’s where Lindsey Zahn P.C. comes in.
At Lindsey Zahn P.C., we have extensive experience working with the TTB, FDA, and state agencies. We are well-equipped to streamline the process, reduce your time spent on permits and licenses, and ensure you can focus on what truly matters: producing the finest mead. The application for a federal TTB permit for a meadery can be a lengthy process, often taking several months to draft and/or receive approval. Delays can be further prolonged if the application is not executed correctly. We understand that your time and costs are valuable, and we can help review, complete, and file your federal winery permit application to the TTB. We also guide you through the process, helping you avoid potential pitfalls and unnecessary delays in permit issuance.
In addition to TTB permits, we can assist with labeling, formulas, contracts, and ongoing support as your outside counsel. To learn more about our consultancy services and how we can support your business, please get in touch with us at info@zahnlawpc.com.