Securing a Certificate of Label Approval (COLA) from the Alcohol and Tobacco Tax and Trade Bureau (“TTB“) can often be a time-consuming process, posing challenges for companies eager to import products promptly. However, under specific circumstances, companies may explore the option of obtaining a COLA waiver from the TTB, facilitating the importation of certain alcohol beverages without the need for a COLA.
Typically, TTB grants COLA waivers for alcohol beverage products intended for use at trade shows or for soliciting orders. Importers seeking such waivers can submit a formal letter to the agency, including detailed information about each alcohol beverage, such as class, type, quantity, country of origin, brand name, and the purpose of importation. The letter must also affirm that the products will adhere to various conditions, including the payment of taxes and duties, appropriate labeling, and compliance with federal regulations.
Acquiring a Certificate of Label Approval (COLA) from the TTB can be a time-consuming process. When a company is pressed for time to secure label approval and initiate product imports, the conventional route of submitting a COLA application and waiting for the processing time might not be the most practical. There are circumstances where obtaining a COLA waiver from the TTB becomes a viable option, allowing the importation of specific alcohol beverages without the need for a COLA.
The TTB typically confines COLA waivers to alcohol beverage products intended for use at trade shows or when soliciting orders. Importers seeking waivers for samples designated for trade shows or order solicitation can make this request by submitting a formal letter to the TTB.
What does a COLA waiver request entail?
The letter sent to TTB requesting a COLA waiver must contain details such as:
- The specific class, type, and quantity of each alcohol beverage (e.g., red wine, white wine, sparkling wine, vodka, rum, porter, stout, etc.);
- The country of origin for each product seeking a waiver;
- The brand name of each product seeking a waiver;
- The purpose for importing the samples and the reason for requesting a waiver (including specific events with dates and locations); and
- The Federal Importer’s Basic Permit number.
Additionally, the letter must affirm that the following conditions will be met:
- The products will be imported by the holder of a Federal Importer’s Basic Permit;
- All applicable taxes and duties will be paid;
- A sticker stating “For Trade Show (or Sample) Purposes Only – Not for Sale” will be affixed to every container;
- A label with the Government Warning Statement in accordance with 27 CFR Part 16 will be affixed to each container;
- For wine, labels affixed to the container will include a statement like “CONTAINS SULFITES” (if applicable); and
- The products will be in compliance with the above requirements before arriving at the U.S. port of entry.
How can Lindsey Zahn P.C. help your alcohol importer company obtain a COLA waiver?
Lindsey Zahn P.C. can support your food or beverage company in navigating labeling and advertising compliance issues before launching your product, potentially saving your company from costs associated with re-labeling or among other expenses. The firm maintains regular correspondence with federal agencies such as the FDA and TTB, demonstrating a deep understanding of label, labeling, and advertising issues that impact the alcohol beverage and food industries. Lindsey Zahn P.C. is equipped to aid in drafting and submitting COLA waiver requests to TTB, as well as evaluating the viability of a COLA waiver for your company. For more information about the firm’s services, and how they can assist your company, please contact us at info@zahnlawpc.com.