Everything You Need to Know About Wine Under 7% Alcohol By Volume and the FDA

Labeling of wines under 7% alcohol by volume can cause significant challenges for wineries, importers, and brand owners because the regulations governing these products are often unfamiliar territory. Traditional table wines and other vinous beverages with an alcohol content falling below 7% are subject to the labeling jurisdiction of the Food and Drug Administration (“FDA”). The FDA’s labeling regulations are found at 21 CFR Part 101.

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How are Alcohol-Free Beers or Malt Beverages Regulated?

Similar to alcohol-free wine, alcohol-free beer or alcohol-free malt beverages are increasingly becoming a go-to option for many consumers. As we visit more and more breweries and tap rooms, as well as restaurants and bars, it is not unusual to see an alcohol-free beer or malt beverage option. Whether guests wish to embrace an alcohol-free life or pursue “Dry January” or similar, alcohol-free beer and malt beverages are wonderful options for breweries and importers alike to expand their portfolios.

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TTB Amends Federal Winemaking Regulations re: Wine Treating Materials & Processes

TTB published a final rule on August 24th (with the same effective date) that updates federal regulations found at 27 CFR Part 24 for domestic winemaking. Generally speaking, the changes impact wines produced in the U.S. with respect to materials and processes authorized for the treatment of wine and of the juice from which wine is made.

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Proposed Addition of Single Malt Whiskey to the Standards of Identity for Distilled Spirits

In a recent notice of proposed rulemaking published by TTB in the Federal Register, the agency proposes to add a standard of identity for Single Malt Whiskey for distilled spirits. Presumably, if the rule is finalized, this would alter 27 CFR 5.143 to add an additional class/type to the whiskey class.

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Proposed Changes to Labels of Wines Containing Distilled Spirits

Recently, TTB also published a notice of proposed rulemaking with respect to labels of wine containing distilled spirits. Currently, most wine labels of fortified wine products are prohibited from mentioning that the wine contains distilled spirits. TTB is seeking comments from industry members with respect to labels of wines that are fortified and/or contain distilled

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Changes for Standards of Fill for Wines & Spirits

In a recent notice of proposed rulemaking published by TTB in the Federal Register, the agency proposes to change the standards of fill for wines and (potentially) for distilled spirits. The proposed rule calls 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 notice can be accessed here.

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TTB Clarifies the Term “Clean” for Wine Labels and Advertising

In April, TTB clarified its position with respect to the use of the term “clean” on wine labels and advertisements. To date, there are no formal rules or regulations that discuss “clean” and TTB’s clarification is not a legal ruling nor has it defined the term. The agency indicated that consumers should not read the phrase “clean” to mean that the wine is organic or that it has met production standards set by TTB.

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