United States: TTB Spring 2019 Updates To Semi-Annual Regulatory Agenda

The spring version of the federal authorities’ semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda) has been posted. Like other federal agencies, the Alcohol and Tobacco Tax and Trade Bureau (TTB) makes use of the Regulatory Agenda to report on its modern-day rulemaking projects.
The Regulatory Agenda gives glimpses into TTB’s coverage attention and aspirations. But, readers have to recognize that TTB rulemaking moves very slowly, and the Agency frequently does no longer meet the aspirational dates published in the Regulatory Agenda.
The up to date Regulatory Agenda lists the following tasks of the hobby:
Wines, Distilled Spirits and Malt Beverages
In terms of significance, the list ought to start with TTB Notice 176—the Notice of Proposed Rulemaking (NPRM) to “modernize” the labeling and advertising regulations relevant to all three commodities. Comments on Notice 176 are due on or earlier than June 26, 2019.
Three separate entries hold to promise separate NPRMs to “modernize and streamline” the utility requirements for lets in and/or registrations required with the aid of breweries, wineries, and distilleries. The Regulatory Agenda now identifies September 2019 because of the predicted guide date for these proposals.
Final rules (a “Final Rule” in Administrative Procedures Act parlance) implementing the relaxed bonding necessities for smaller excise taxpayers, enacted through Congress in the PATH Act of 2015, are now predicted in September 2019.
A Final Rule adjusting for inflation the civil economic penalty for violations of the Alcoholic Beverage Labeling Act of 1988 (which mandates the government caution announcement) from $10,000 according to violation to $19,787 in step with violation is expected in September 2019.
TTB plans to submit a hard and fast of “technical corrections” to its policies as a Final Rule in March 2020. The Regulatory Agenda provides no in addition statistics at the topics that the technical corrections will correct.
Wines
The Regulatory Agenda reports on the imminent (May 2019) ebook of an NPRM offering to cast off maximum requirements of fill for wine boxes.
TTB expects to put up its Final Rule on extra treating substances for wine in September 2019.
TTB expects to publish a Final Rule including new grape varietals to the accredited list of varietals for American wines. The Final Rule is predicted in September 2019.
A Final Rule implementing the PATH Act’s amended “tough cider” definition is now expected in September 2019.
TTB now tasks March 2020 because the booking date of a promised “Supplemental” NPRM on an offer to permit wine labeled with a single-state AVA to be completed in an adjoining state.
TTB’s proposal to harmonize its Internal Revenue Code wine labeling guidelines (codified in Part 24 of TTB’s rules) with its Federal Alcohol Administration Act labeling guidelines (codified in Part 4 of the guidelines) stays on the time table. A Final Rule is expected in August 2019.
The Regulatory Agenda now projects September 2019 because of the guide date for a deliberate NPRM on permitting wine labels to include statistics on fortification of the wine with wine spirits.
TTB proposes to amend its winemaking guidelines to permit the usage of molasses as an element in wine. The NPRM publication date is now indexed as March 2020.
Distilled Spirits
The Regulatory Agenda keeps reporting on an NPRM proposing to remove most requirements of fill for distilled spirits. The modern-day schedule lists September 2019 because of the anticipated guide date.
Another object on the Regulatory Agenda gave that 2017 proposed an ANPRM to explore a probably improved definition of “a right container” for purposes of the distilled spirits preferred of identification (elegance/type) and age statement policies. The brand new Agenda indicates a probable publication date of the ANPRM in March 2020.
It bears repeating that the dates indexed within the Regulatory Agenda and posted above ought to be treated as aspirational.