Breweries

For breweries in particular, applying for the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) permit can be fraught with difficulty. This is because TTB recognizes two distinct types of beer operations: a brewery and a brewpub. The manner in which beer is removed from the operational premises is a key, but complicated, distinguishing factor between the two. It is not unusual for even an experienced industry member to request a permit for the wrong type of operation. This can have significant implications for your legal compliance and excise taxes.

Breweries must also be aware of the distinction between the term “malt beverage”, which is subject to the labeling jurisdiction of the TTB, and “beer”, which is subject to the labeling jurisdiction of the Food and Drug Administration (“FDA”).

Breweries: Services

Whether you’re starting your first brewery or are an established business seeking guidance, Lindsey Zahn P.C. is ready to provide meaningful, practical advice.  Among many other services, the firm can assist your distillery with the following:

• Draft and file the federal basic brewery permit application with the TTB (also known as the brewer’s notice)
• Determine whether your business should file as a brewery or as a brewpub 
• Update and amend TTB permits
• Draft and file state license applications
• Update and amend state licenses
• Draft and submit formulas to the TTB 
• Review proposed labels for compliance with federal regulations
• Represent your brewery before the TTB during the COLA submission process
• Advise on Food and Drug Administration (“FDA”) requirements for certain beers that do not meet the federal definition of “malt beverage”
• Provide ongoing legal compliance guidance

Recent Representations

Some recent representations include: 

• Advised a brewer on FDA food labeling requirements regarding a hard seltzer produced from a brewed sugar base
• Drafted a brewer’s notice for a new brewery producing onsite with a taproom; advised on proper brewer’s notice (brewpub vs. brewery)
• Handled all aspects of federal and state licensing for relocation of an established brewery to a new premises

For more information about how Lindsey Zahn P.C. can help your company, please contact us at lindsey@zahnlawpc.com.

Prior results do not guarantee a similar outcome.