Gluten disclosure on wine labels

The TTB has released an announcement Feb. 11, 2014, pertaining to gluten disclosure on wine labels. The TTB stated: Use of “Gluten‐Free” on TTB‐Regulated Alcohol Beverages   We have completed our review of how the U.S. Food and Drug Administration (FDA) final rule  on the use of the term “gluten‐free” in the labeling of products under FDA’s labeling jurisdiction  impacts TTB’s interim policy on gluten content statements in the labeling and advertising of  wines, distilled spirits, and malt beverages that we previously set forth in TTB Ruling 2012–2.   As a result of our review and consultation with FDA, we are updating our policy on gluten  labeling. Given the important consumer health considerations relating to “gluten-free” claims,  TTB believes that it is important to adopt an approach on this issue that is as consistent as  possible with the regulations that FDA issued.   Under our updated policy, alcohol beverages that are made from ingredients that do not contain gluten (such as wines fermented from grapes or other fruit and distilled spirits distilled from  materials other than gluten-containing grains) may continue to make “gluten-free” claims in the  same way allowed in the new FDA regulations for inherently gluten-free products.   Consistent with the new FDA regulations, TTB will continue to consider “gluten-free” label claims for alcohol beverages that are made from gluten-containing grains to be misleading to  consumers who are seeking to avoid the consumption of gluten for health reasons. However,  products made from gluten-containing grains may be labeled with a statement that the product  was “Processed,” “Treated,” or “Crafted” to remove gluten, if that claim is made together with...

best payday loans Reporting to the TTB

All Bonded Wineries and Bonded Wine Cellars must complete and submit the Report of Wine Premises Operations Form 5120.17 (formerly Form 702) to TTB on a regular basis. The report must be filed either monthly, quarterly, or annually, depending upon the size of your operations.funds supply.com When are the reports due? Annual Report: If you have less than 20,000 gallons of wine on hand at any time AND you also pay less than $1,000 in Federal Excise Tax each year, your Annual Report of Wine Premises Operations Form 5120.17 for 2007 is due on January 15, 2008. Quarterly Reports: If you have less than 60,000 gallons of wine on hand at any time AND you also pay less than $50,000 in Federal Excise Tax each year, your Quarterly Reports of Wine Premises Operations Form 5120.17 are due on April 15, July 15, October 15 and January 15 (15 days after the close of each calendar quarter). If you have more than 60,000 gallons of wine on hand at any time OR pay more than $50,000 in Federal Excise tax each year, Report Forms 5120.17 must be submitted by the 15th day after the close of any month in which you conducted reportable operations. You can submit your Report Forms 5120.17 with TTB’s free on-line filing program called “Pay.Gov.” For more information, please contact the Pay.Gov office toll free at (877) 882-3277 or by writing to pay.gov@ttb.gov. Mailed reports: All mailed reports should be sent to the TTB National Revenue Center at 550 Main St., Suite 8002, Cincinnati, OH 45202. For further information, you can contact the TTB Wine Tax...

Assembly Bill 2004 Legalizes Picnic Wines

Assembly Bill (AB) 2004, also known as the “winery picnic bill”, makes it lawful for visitors to consume a bottle of wine they’ve purchased on winery premises. Even though this practice had become commonplace, the regulations regarding the right (or privilege) to do so were unclear. The amended Business and Professions Code section 23358 expands a winegrower’s (Type 02) license privileges by allowing the sale of wine to the general public for consumption on the master (or production) premises. A winegrower will be allowed to sell wine to patrons by-the-bottle or by-the-glass for consumption in approved, licensed...

Wine Law: What is it?

Wine law encompasses more than what most people realize. Here is a sampling of what a wine lawyer may do for a winery: Assist in land acquisition: land acquisition can be a complex process. The process can be made much more smooth with the assistance of a lawyer. Hiring contractors for building or repair: wineries are always changing, being upgraded, and improved. When it comes time to hire a contractor, it’s a good idea to have a lawyer in order to reduce the possibility of a dispute. If a dispute arises, it will be handled quickly and professionally. Business formation: wine owners may have certain business decisions to make insofar as what type of business formation to use (S Corp, LLC, partnership, etc.) Alcoholic beverage licensing: both State and Federal government regulate alcohol. It’s important to stay current on all of the legislation and rules surrounding production and sale of  alcoholic beverages. Environmental law: issues from endangered species, waste water management, surface water and groundwater quality, and storm water discharges. Employment law: issues range from labor management issues, employment agreements, pensions, contracts, wrongful discharge, civil rights, federal and state occupational safety laws, wage and hour laws, workers’ compensation and OSHA regulations. Trademark law: wine bottle labels should bear a strong trademark, and should not infringe on any other mark.  A thorough trademark search should be conducted for every new bottle in production. Contracts and License Agreements: for example, custom-crush agreements. Or, allowing events on winery premises. Tax law: wineries must comply with Federal income tax accounting rules. Litigation: wineries are sometimes sued for a variety of reasons. A lawyer familiar with the business...

Another out-of-state shipping ban case

 A Federal District Court ruled that it is a violation of the U.S. Constitution for a state to prohibit their consumers from having wine shipped to them from out of state retailers when the state permits shipments from in-state retailers. Full story...

California’s Department of Alcoholic Beverage Control – License Types

California’s Department of Alcoholic Beverage Control has several different license types. Each license carries different basic privileges. For example, license type #02 is a winegrower (winery) license. It authorizes: the sale of wine and brandy to consumers for consumption off the premises where sold. the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. The holder of this license may possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. It may also conduct winetastings under prescribed conditions (B&PC Section 23356.1; Rule 53). Finally, minors are allowed on the premises. A wine sales event permit (Form ABC-239) authorizes type 02 licensees to sell bottled wine produced by the winegrower for consumption off the premises where sold and only at fairs, festivals or cultural events sponsored by designated tax exempt organizations. The licensee must notify the city and/or county where the event is being held and obtain approval from ABC for each event (Form ABC-222). The licensee must also comply with all restrictions listed in Business and Professions Code Section 23399.6. Click here for more information on the California Department of Alcoholic Beverage...

Wine and Taxes

Taxed When Produced The tax value of wine is attached when the wine is produced. 26 U.S.C. 5041 Wine is declared produced upon completion of fermentation or removal from the fermenter. At that point the volume of wine is to be determined, recorded, and reported to the TTB as wine produced. An alcohol test should then be performed to determine the tax class of the wine. Removal of Wine The amount of tax to be paid is determined when wine is removed from bonded premises for consumption or sale. 27 CFR 24.270 When wine is removed from a bonded winery for consumption or sale, a record must be kept containing the following information: Date of removal Name and address of the person removed, unless sale is less than 80 liters. Volume, kind (class and type), and alcohol content of the wine This needs to be summarized daily by tax class in wine gallons to the nearest tenth gallon. An invoice containing the information above is a common removal record. Wine excise tax can be paid semi-monthly, quarterly, or annually. 27 CFR 24.271, 273 Untaxpaid Removals Wine excise tax does not have to be paid for certain removals from a bonded wine premise if proper records are kept. These untaxpaid removals include: testing on bonded premises or by an outside laboratory (27 CFR 24.96-97) tasting on bonded premises (27 CFR 24.97) destruction (27 CFR 24.294) breakage (27 CFR 24.308) export out of the United States (27 CFR 24.292) …and several...

installment loans Be Careful Setting Prices

Selling goods or services below cost with the intent to, and the tendency to, injure competitors violates Business and Professions Code §17043 and therefore gives rise to an action under Business and Professions Code §17200 (unfair competition law).Fisherman’s Wharf Bay Cruise Corp. v Superior Court (2003) 114 CA4th 309, 327, 7 CR3d 628....