alcohol beverages generally

TTB has recently liberalized the treatment of personalized labels, such as a wine label with “Happy Birthday Bob.” No longer will it be necessary to burden your company, or the government, with paperwork to cover “Happy Birthday Steve” or Judy, Tom, etc. TTB announced this change on September 21, 2011 in TTB Guidance 2011-5. The document supersedes a policy from about a year and a half earlier; the 2010 policy required a new approval for just about every variation (such as each wedding, retirement, Bar Mitzvah, graduation, anniversary, etc.). In liberalizing the policy, TTB said:

Our 2010-1 guidance did not allow certificate holders to change the artwork or graphics on personalized labels without resubmission of the labels for approval. We have reconsidered this requirement and now permit certificate holders to make changes to the graphics or artwork on a previously approved personalized label without having to apply for a new certificate of label approval.

The above label, from Llano Estacado Winery, is an early approval under the new policy. The new policy seems due at least in part to pressure from Sen. Schumer. He mounted a vigorous campaign, on this topic, over the past summer. His August 9, 2011 press release, noting the progress, said:

In the case...

Sen. Charles Schumer spoke at a Finger Lakes winery late last week and said many wine labels take too long to get approved. He was especially concerned about labels submitted to TTB by New York’s more than 300 wineries. MPNnow.com reported:

the delays — sometimes up to three months — result in wineries not being able to market their wines. The Washington, D.C., agency’s staff has been shaved by budget cutbacks over the last decade while the tide of label-approval applications from wineries nationwide almost doubled from 69,000 in 1999 to 132,500 in 2010, said spokesman Tom Hogue. “And that doesn’t take into account any of the time going back and forth with applicants to make sure labels they’ve submitted actually meet the legal requirements,” Hogue said.

John Martini, co-owner of Anthony Road Wine Co. said:

label approval used to take a week. One label he submitted online May 12 was approved June 15, but he said he has heard horror stories of approvals taking 75 to 90 days. He said new wineries often have long delays because their labels don’t meet the specifics of the label law, which was approved after Prohibition ended. However, he said, “Every winery has a goofy TTB label story.”

The Senator’s press release, and letter to TTB, are

It may be safe to put away that gnarly old ruler, from fifth grade. A few days ago, TTB announced that it will ease up on scrutinizing your cpi’s and mm’s. At first this sounds like a good thing, and the “streamlining” as described — because many are the frustrations about waiting on a coveted COLA — only to find it lying in the tatters of rejection, because of a few letters too big or too small. Industry Circular 2011-04 says:

(TTB) will no longer examine labels to determine whether the images included in the applications meet the type size, characters per inch, and contrasting background requirements.  As a result, TTB will no longer return applications for correction due to these issues.  However, TTB reserves the right to review and return applications for these reasons when it deems necessary.

In some ways this may be good, especially if it speeds up the system and makes TTB more efficient. But the main effect may be a shift of this not so trivial burden over to the applicant. There is no change to the various CFR rules requiring all your cpi’s and mm’s to be just right, and this Circular in no way mitigates that burden. In fact, TTB hastens to add:  “The responsible industry member...