Thinking About Importing Beer into the U.S.? Here’s What You Need to Know
Congratulations on considering the importation of beer into the U.S.! This is a significant and potentially rewarding step. However, it’s crucial to understand the requirements for importing beer, as the alcohol beverage industry is highly regulated at both the federal and state levels. You’ll need to comply with regulations from various federal agencies as well as state-specific requirements. To help you navigate this complex landscape, we’ve compiled some general information based on our experience in the industry. Please note that this information is intended to provide a broad overview and should be supplemented by advice tailored to your specific business model, location, and products. For personalized guidance, consider working with an attorney who focuses on alcohol beverage law.
Federal Agencies Involved in Beer Importation
- Alcohol and Tobacco Tax and Trade Bureau (TTB): A division of the Department of Treasury, the TTB regulates the production, importation, and distribution of alcohol beverages in the U.S. For importers, the TTB oversees licensing, excise taxes, labeling, and formulation. All labels for imported beer must be approved by the TTB before importation, involving a federal label approval process under the importer’s permit. The same applies to certain formulations, depending on the beer’s class/type.
- Food and Drug Administration (FDA): The FDA has jurisdiction over alcohol beverages in specific instances. Importers must ensure FDA food facility registration requirements are met, especially if the beer is stored in a U.S. warehouse. Additionally, non-U.S. breweries may need FDA registration and a U.S.-based agent. All shipments of beer to the U.S. require a Prior Notice to the FDA.
- U.S. Customs and Border Protection (CBP): CBP handles the initial arrival of beer shipments and works with the TTB and FDA to ensure regulatory compliance, including federal label approval (COLA) and FDA food facility registration.
Legal and Compliance Requirements for Importing Beer
Starting a beer importing business involves various compliance requirements at federal, state, and sometimes local levels. Engaging an outside consultant can expedite and streamline this process. Here are some of the key compliance requirements:
- Employer Identification Number (EIN): Obtain an EIN from the IRS before filing your federal importer permit with the TTB and opening a business bank account.
- Federal Basic Importer Permit: Apply for this permit with the TTB, which takes about 60-90 days to process. You will need a Letter of Intent from the brewery.
- Primary American Source or Appointment Letter: Some states require this for beer importers. The necessity varies by state.
- Label Approval (COLA): Each beer label must be approved by the TTB. Compliance with U.S. labeling requirements (e.g., health warnings, sulfite declarations) is mandatory.
- State Licenses: Depending on the state, additional licensing or compliance may be required.
- FDA Food Facility Registration: This applies to both your supplier and your own facility if storing or warehousing beer.
- Customs Continuous Bond: U.S. Customs requires all importers to have a valid bond or surety.
- Duties and Excise Taxes: Pay applicable duties and excise taxes on imported beer. There may also be state taxes or fees.
How can Lindsey Zahn P.C. assist with your company with importing beer?
Lindsey Zahn P.C. is a firm that focuses on alcohol beverage law and has represented a multitude of clients before alcohol beverage agencies, ranging from wineries to breweries to distilleries to importers to wholesalers and beyond. The firm has experience working on applications for startups to multinational conglomerates and with drafting brand new permit applications as well as drafting amendments. Our experience also extends to labeling, formulations, excise taxes, trade practices, and beyond.
Contact Lindsey Zahn P.C. to schedule an introductory meeting to discuss your needs and products and to learn more about how we can help: info@zahnlawpc.com or (929) ZAHNLAW (929-924-6529).