In a welcome move to
further clarify some of the processes and ingredients that do, and do not,
require brewers to seek formula approval (approval is necessary when you stray
from “traditional” brewing processes), the TTB recently updated the “Other Beer Resources” section of
their website. Rather than force you
to hunt for the information, we’ve reproduced it below.
TTB Statutory Authority
Chapter 51 of the Internal Revenue Code of
1986 (IRC) provides the Secretary of the Treasury with authority to promulgate
regulations pertaining to the operation of breweries and the production of
beer. TTB administers these provisions pursuant to section 1111(d) of the
Homeland Security Act of 2002, codified at 6 U.S.C. 531(d), and the Secretary
has delegated various authorities through Treasury Department Order 120-01
(Revised), dated January 21, 2003, to the TTB Administrator to perform the
functions and duties in administration and enforcement of these laws.
Under the statutory authority of 26 U.S.C. 5401, 5415, 5555, and 7805(a), TTB prescribes regulations regarding the types of
processes and ingredients for which brewers may or may not need to submit
formulas.
TTB Regulations Regarding Formula Requirements Non-traditional processes:
TTB regulation 27 CFR 25.55 provides that a brewer must submit a formula
for approval by TTB when the brewer intends to produce any fermented product
that will be treated by any processing, filtration, or other method of
manufacture that is not generally recognized as a traditional process in the
production of a fermented beverage designated as "beer,"
"ale," "porter," "stout," "lager," or
"malt liquor."
Examples provided in the regulations:
Brewers must file a formula for a
fermented product using any of the following non-traditional processes:
- Removal
of any volume of water from beer;
- Filtration
of beer to substantially change the color, flavor, or character;
- Separation
of beer into different components;
- Reverse
osmosis;
- Concentration
of beer; or
- Ion
exchange treatments.
Brewers are NOT required to submit
formulas for the following traditional processes:
- Pasteurization;
- Filtration
prior to bottling;
- Filtration
in lieu of pasteurization;
- Centrifuging
for clarity;
- Lagering;
- Carbonation;
or
- Blending.
Additional Formula Requirements
Brewers must also file a formula for a
fermented product:
- To
which flavors or other nonbeverage ingredients (other than hops extract)
containing alcohol will be added;
- To
which coloring or natural or artificial flavors will be added;
- To
which fruit, fruit juice, fruit concentrate, herbs, spices, honey, maple syrup,
or other food materials will be added; or
- That is
designated as saké, including flavored saké and sparkling saké.
TTB Determinations Regarding Additional
Ingredients
and Processes That Do Not Require Formulas
Under 27 CFR § 25.55(f), TTB may determine
whether the use of a particular process not listed above requires the brewer to
file a formula for approval. TTB may also exempt the use of a particular
coloring, flavoring (other than flavorings containing alcohol), or food
material from the formula filing requirements.
Below are the ingredients and processes that
we have determined are not subject to the formula requirements of § 25.55.
Brewers may use the following ingredients and processes without submitting a
formula.
