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May 07, 2019

TTB Passes on CBD

The United States Patent and Trademark Office (USPTO) wasn’t the only federal agency to release guidance on the use of CBD in food and beverages last week. On April 25, 2019, The Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2019-1, Hemp Ingredients in Alcoholic Beverage Formulas. » Read More

Feb 22, 2019

The Aftermath of the Government Shutdown on TTB Processing Times for Breweries, Distilleries and Wineries

The United States federal government shutdown is nearly one month in our history, and we finally have some clarity regarding the shutdown’s effect on TTB permit application processing times. On February 21, 2019, the TTB updated its website listing the average number of days it takes to process TTB original permit applications.  » Read More

Feb 07, 2019

ABC Relaxation of COLA Requirement for Intrastate Sales

Relax.  You may not always need a COLA to register your brand in New Jersey.

In a prior post, we talked about the need to obtain a COLA for New Jersey brand registration per New Jersey regulations, even if the brand is sold intrastate only, or just in your taproom (and therefore would not require a COLA under federal law).  » Read More

Jan 25, 2019

How to Prepare Your Brewery for an FDA Inspection

On October 12, 2018, I spoke at The Brewers of Pennsylvania 4th Annual Mid Atlantic Brewers’ Symposium about inspections of breweries by the United States Food and Drug Administration (“FDA”).  These inspections are still relatively new to breweries, but it is imperative that every brewery is prepared and compliant for the inevitable day the FDA comes to visit.  » Read More

Jan 15, 2019

Norris McLaughlin Liquor Lawyers Address Government Shutdown’s Impact on Alcohol Manufacturers and Proposed Pennsylvania Sales Tax on Breweries

Liquor law attorneys Matthew B. Andersen, Esquire, and Theodore J. Zeller III, Esquire were quoted in a number of publications discussing the impact the government shutdown is having on breweries, wineries, and distilleries as well as Pennsylvania’s proposed sales tax on brewery sales. » Read More

Sep 24, 2018

I’m Exempt from COLA Registration and Only Sell My Product in My State – Am I Exempt from Formula Approval?

In prior posts, we discussed whether federal Certificate of Label Approval (“COLA”) approval was necessary to obtain state label approval in New Jersey and Pennsylvania, even if the product is sold exclusively in your state.  We also discussed when the use of certain ingredients in beer triggers the need for formula approval.  » Read More

Sep 20, 2018

Do You Want to Sell a Martini at Your Brewery, Winery, or Distillery in Pennsylvania? The Vermouth and Other Alcoholic Mixers Must be Made in Pennsylvania

We have been asked the following question numerous times from clients: if there is not a distillery in Pennsylvania that makes a certain spirit, can we use one from out-of-state?  The answer is always no, because Pennsylvania manufacturers, such as a brewery, distillery, or winery, are not permitted to sell any distilled spirits that were not made by a Pennsylvania licensed distillery or limited distillery. » Read More

Aug 17, 2018

Beer and Marijuana Don’t Mix

In light of New Jersey Attorney General Gurbir Grewal’s recent announcement that all marijuana cases in municipal courts be adjourned through at least September, many are hopeful that New Jersey will be legalizing medical and recreational marijuana in the near future.  » Read More

Apr 18, 2018

Mango Peach Ale? Coconut Clove Stout? – TTB Formula Approval and Labeling for Alternative Ingredients and Brewing Processes

As brewers become more creative and push the flavor envelope, it is important to keep in mind that when you add “nontraditional” ingredients or use alternative brewing methods, TTB formula approval could be necessary. The Federal Alcohol Act defines a “malt beverage” as “a beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption.” » Read More

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