January 14, 2025
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) of the United States Department of Transportation has published a final rule amending regulations that govern wine and distilled spirits containers that adds thirteen standards of fill for wine and fifteen for distilled spirits. See Docket No. TTB-2022-0004.
TTB is also amending its regulations to eliminate the distinction between standards of fill for distilled spirits in cans and those for distilled spirits in containers other than cans.
The Glass Packaging Institute supported the rule, arguing that it:
…reflects a significant step forward for consumer choice, industry innovation, and fair competition in the beverage alcohol marketplace.
TTB administers regulations setting forth standards of fill for containers of beverage distilled spirits and wine products distributed within the United States. The historic authority to establish standards of fill is based on two provisions of law:
- Section 5301(a) of the Internal Revenue Code of 1986.
- Section 105(e) of the Federal Alcohol Administration Act.
The term “standard of fill” is used in the TTB regulations to refer to the authorized amount of liquor in the container as opposed to the size or capacity of the container itself.
A copy of the final TTB rule can be downloaded here.
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