TTB Updates Website And Offers Clarity for Ingredients and Processes Exempt from Formula Requirements under 27 CFR part 25

Posted on March 11, 2013 by Ashley Brandt

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.

Requesting a TTB Determination Regarding a Process or an Ingredient

Processes

A brewer may submit a request, asking TTB to determine whether use of a process that is not already specified in the regulations would require the filing of a formula for approval. When requesting a determination regarding a process, the brewer must include:

A detailed description of the proposed process;
Evidence establishing that the proposed process is generally recognized as a traditional process in the production of a fermented beverage designated as "beer," "ale," "porter," "stout," "lager," or "malt liquor," and
An explanation of the effect of the proposed process on the production of a fermented product.

Ingredients

A brewer may submit a request, asking TTB to exempt from the formula requirement a particular coloring, flavoring, or food material for use in the production of beer. When requesting a determination regarding a coloring, flavoring, or food material, the brewer must include:

A description of the proposed ingredient;
Evidence establishing that the proposed ingredient is generally recognized as a traditional ingredient in the production of a fermented beverage designated as "beer," "ale," "porter," "stout," "lager," or "malt liquor," and
An explanation of the effect of the proposed ingredient in the production of a fermented product.

Brewers may submit requests to the Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW, Box 12, Washington, DC 20005, or via email at Regulations@ttb.gov. Please note that the regulations do not authorize TTB to grant exemptions for the use of flavors or other nonbeverage ingredients (other than hops extract) containing alcohol.

Publication of TTB Determinations

If TTB determines that the use of additional ingredients or processes would not require the filing of a formula, the Bureau will identify the ingredient or process, along with any relevant qualifications, on this Web page.

Questions?

For more information on the particular ingredients or processes brewers may use in the production of beer without submitting formulas, contact the Advertising, Labeling and Formulation Division at (866) 927-2533 or via email at ALFD@ttb.gov.

For more information on formula requirements, see 27 CFR 25.55 to 25.58 or contact the Regulations and Rulings Division at (202) 453-1039, Ext. 110 or BeerRegs@ttb.gov.