Recently the TTB has been examining its regulations and making adjustments. There is an extensive process which the TTB must follow before it can change a regulation, which includes publishing the proposed rule and allowing the public to comment.  

STANDARDS OF FILL

Effective January 10, 2025, the TTB amended its regulations related to standards of fill. These standards apply to the size of wine and spirits containers. The TTB added 13 new standards of fill for wine and 15 for distilled spirits to those that were acceptable in the past. All standard fills are now approved for cans as well as other containers.  Any container that is approved under the TTB rules is an acceptable size in New York.

NEW LABEL REQUIREMENTS ARE COMING

The TTB and the Food and Drug Administration (FDA”) have overlapping jurisdiction over alcoholic beverages.  In 1987 the two agencies entered into a memorandum of understanding in which both agencies recognized that the TTB would be responsible for the promulgation and enforcement of regulations with respect to labeling of alcoholic beverages. For this reason, with the exception of “wine” with less than 7% alcohol by volume, distilled spirits, wine and malt beverages are not subject to the nutritional facts requirements imposed by the FDA on other food items.  For the purposes of labeling, advertising, basic permits and trade practices, wine must have more than seven percent and not more than twenty-four percent alcohol by volume. 

The TTB now proposes to amend its regulations to require an Alcohol Facts statement on all alcohol beverage labels TTB regulates under the FAA Act. As proposed, the mandatory Alcohol Facts statement would include information about the alcohol content expressed both as a percentage of alcohol by volume and in fluid ounces of pure ethyl alcohol per serving, the number of calories, and the number, in grams, of carbohydrates, fat, and protein, per serving. The serving sizes are based on the amount of the beverage customarily consumed as a single serving. The proposed Alcohol Facts statement may be presented in either a panel or a linear format.  Soley as a basis for the consumer to determine “alcohol, calorie and nutrient intake” the TTB proposes the following as a standard for serving sizes: 

• Wine: For wines with an alcohol content of at least 7 percent and not more than 16 percent alcohol by volume, the serving size would be 5 fluid ounces (about 148 mL). For wines with an alcohol content of more than 16 percent alcohol by volume and not more than 24 percent alcohol by volume, the serving size would be 2.5 fluid ounces (about 74 mL). 
• Distilled spirits: For distilled spirits products containing not more than 7 percent alcohol by volume, the serving size would be 12 fluid ounces (about 355 mL). For products containing over 7 percent and not more than 16 percent alcohol by volume, the serving size would be 5 fluid ounces (about 148 mL). For products containing over 16 percent and not more than 24 percent alcohol by volume, the serving size would be 2.5 fluid ounces (about 74 mL). For products containing over 24 percent alcohol by volume, the serving size would be 1.5 fluid ounces (about 44 mL) or 50 mL if bottled in a 50 mL container. 
• Malt beverages: For malt beverages containing not more than 7 percent alcohol by volume, the serving size would be 12 fluid ounces (about 355 mL). For products containing over 7 percent and not more than 16 percent alcohol by volume, the serving size would be 5 fluid ounces (about 148 mL). For products containing over 16 percent and not more than 24 percent alcohol by volume, the serving size would be 2.5 fluid ounces (about 74 mL). For products containing over 24 percent alcohol by volume, the serving size would be 1.5 fluid ounces (about 44 mL). 

Since wines and distilled spirits are subject to metric standards of fill under the TTB regulations, the serving sizes for these categories would be set forth in both fluid ounces and milliliters. The public can comment on the proposed rule until April 17, 2025. 

Keven Danow is an attorney representing members of all three tiers of the Beverage Alcohol Industry and member of The Danow Group, 605 Third Avenue, New York, NY 10158.  (212 3703744). Website: thedanowgroup.com; email:kd@thedanowgroup.com