The highly secretive and powerful Triple Sec lobby has struck again — this time to require at least one drop of triple sec in certain alcohol beverages. Google it as much as you wish, and you will find little about this uber-secret institution, rumored to have strong ties leading all the way back to France. That’s because it’s secret. Some even say that Sen. John Kerry, with his thinly disguised sympathies for many things French, is Triple Sec’s man in Washington. On a more serious note, for many years, TTB has required at least some triple sec in products that purport to be margaritas. The policy is here, at page 13 (scroll down to Margarita). The policy is in TTB’s “Beverage Alcohol Manual” for spirits. The BAM can be a handy resource to explain and supplement the regulations. Sometimes, as here, it goes considerably beyond what the law or regulations say. In this particular case, it seeks to mandate that every margarita must have:  “Tequila, triple sec and lime or lemon juice or oil or natural lime or lemon flavor.” Here is a recent example of TTB seeking to enforce the rule. Does such a rule make any sense in this day and age of scarce resources? What is the worst that...

Shanken News Daily recently alerted us to Dogfish Noble Rot. It is:

a wine/beer hybrid that combines traditional barley, hops, water and yeast with winegrapes. Named for the grape fungus botrytis, which is associated with Sauternes and Tokaji dessert wines, Noble Rot uses Viognier and Pinot Gris grapes sourced from Washington’s Alexandria Nicole Cellars. The 9%-abv offering will be available in about 27 states this week, priced at $13 a 750-ml.

The statement of composition on this product looks a bit redundant, with two references to grape must — but upon closer review it nicely underscores the distinction about adding the grape must before and after fermentation. I wonder if the must added before fermentation could or should be considered wine. Dogfish explains:

The first addition is unfermented juice, known as must, from viognier grapes that have been infected with a benevolent fungus called botrytis. This noble rot reduces the water content in the grapes while magnifying their sweetness and complexity. The second is pinot gris must intensified by a process called dropping fruit, where large clusters of grapes are clipped to amplify the quality of those left behind. “This is the absolute closest to equal meshing of the wine world and the...

TTB has been working on a new COLA form, with new and more flexible rules about what may change without seeking a new label approval. TTB announced this in the January 13, 2012 Newsletter and the Federal Register two weeks prior.

The new rules, if/when implemented, could allow a huge variety of big and small changes — without the need to submit, wait, haggle.

Here is the draft form. For example, the new rules (at page 3) would allow you to:

1. Move mandatory around. This is at category 2. This would allow you to move VODKA from the bottom of the front label to the top of the front label, for example. It would not allow you to move VODKA from the front to the back. (The draft form does not seem to make it clear, about whether it’s also okay to reposition non-mandatory. It would be very strange if okay to move the important stuff but not the less important stuff.)
2. Change colors. This is at category 3.
3. Add/delete/change a QR code. This is at category 22.
4. Add/delete/change social media icons. This is at category 25.
5. Add/delete/change information about awards. This is at category 26. It remains a bad idea to announce  “Award for most antioxidants in a Cabernet.”
...

Be careful about the five year rule as above and here. The rule says TTB formulas expire five years after approval. Not all formulas. Just the ones for imported products such as vodka, sake, and liqueur for example. This is in substantial contrast with TTB label approvals, permits, and domestic formulas. Generally speaking, they don’t expire unless the applicant changes something.

In our experience, TTB tends to explain the expiration date on the relevant formula approvals, but not in the regulations or widely elsewhere. An example is here. It can come as an unpleasant surprise, if you are seeking a new label approval more than five years after issuance of the formula approval, as in the case above. In the time period about 5-8 years ago, TTB would frequently allow a use-up in some cases where the formulas was expired. But, as suggested above, use-ups are much harder to get, in more recent years.

In recent months TTB has been busy tinkering with the label approval process. TTB announced the culmination of its streamlining efforts here. This is important for all regulated entities because, despite all these streamlining initiatives (plus the advent of computers and online filing), the average processing time for spirits has moved from a few hours to well over a month, during the past 20 years. Most spirits labels are currently taking well over 30 days, and TTB often says you should allow up to about 90 days. Since last summer, things seem a lot better with wine labels (moving from over a month to about half that). Beer has stayed relatively and consistently quick during the past several years, with an average turnaround of about a week.

In the late 1990s, if I recall correctly, it was possible to receive a label by fax, Scotch tape it to a form, Xerox it, walk it across the street to ATF, not go through a metal detector, wander around the government building until you found the label reviewer, wait your turn — and voila — walk out 45 minutes later with approval in hand. It was even possible to sit face-to-face with the reviewer and revise the application on the fly...