New TTB Standard of Fill No Place for Kegged Cocktails
Big changes are coming to the alcohol industry this new year. On Jan. 10, 2025, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) implemented a final rule that expands the "standards of fill" for wine and distilled spirits. This long-awaited update adds significant flexibility for producers, with the introduction of 28 new container sizes: 13 for wine and 15 for distilled spirits. This move is designed to address the evolving needs of the alcohol industry and provide consumers with a wider variety of purchasing options.
Standards of fill are relatively obscure laws which limits the size a manufacturer can “fill.” Even before these new standards were approved, kegged cocktails were illegal and remain illegal under the new regulations. Unfortunately, even a small sixtel keg, which is almost 20 liters, does not come close to the largest “standard of fill” for spirits or wine.
For wine, new approved standards include sizes such as 180, 300, and 473 milliliters (the popular 16-ounce size), as well as larger formats like 1.8 and 2.25 liters. Distilled spirits now have additional standards like 187, 355, and 570 milliliters (19.2 ounces), and even larger options like 3.75 liters. The rule removes distinctions between standards of fill for distilled spirits in cans versus other types of containers, simplifying regulations for ready-to-drink (“RTD”) products. These changes are a direct response to industry feedback and aims to help both domestic and international producers thrive by offering products in sizes that appeal to a broader market.
While these rule changes provide greater flexibility, it is crucial to remember that standards of fill refer to the quantity of liquid in a container, not the overall size or format. This distinction is at the heart of why certain packaging options remain off-limits for some products, most notably, kegged cocktails.
Kegged cocktails have grown in popularity at bars and events, but they remain illegal under TTB regulations. Why? Because kegs are not an approved standard of fill for distilled spirits. Since the largest standard of fill is 3.75 liters for spirits, kegs that hold multiple gallons do not fit within the approved categories. Thus, keg cocktails are illegal under federal law at present.
There is also significant confusion about alcohol infusions which many bars display and use to survive. In Pennsylvania for example, a vodka infused with fresh orange slices that sits in a large glass container on the bar top for more than 24 hours technically means the bar is acting as a distillery and would need a distillery license. These infusion containers are typically 3 gallons and utilizing them without a distillery license means the bar is violating state law and potentially federal law including standards of fill regulations.
The new rule does little to change this reality for kegged cocktails. While the addition of sizes like 475 and 570 milliliters offers exciting opportunities for RTD cocktails in cans, larger formats for dispensing like kegs remain non-compliant. Producers and retailers interested in exploring new packaging options should stick to approved standards of fill to avoid potential TTB violations especially with increased enforcement. As always, understanding the nuances of TTB regulations and staying compliant with reporting change of owners, registering COLAs, and submitting formulas will keep your operations on the right side of the law and your products in the hands of consumers.
For information about national and state liquor law matters or general manufacturing and distribution advice, please contact our Liquor Law, Licensing, Manufacturing, and Distribution Practice Group: Liquor Law Department Chair Theodore J. Zeller III, Esquire; David C. Berger, Esquire, for Pennsylvania and New Jersey retail and manufacturing licensing; Anthony M. Brichta, Esquire, for federal manufacturing, distribution, formula, and labeling issues; or contact our office at (610) 391-1800.