
The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently announced proposed changes to its standards of fill for wine and distilled spirits containers.
This development is partially in furtherance of TTB’s recommendations in its February 2022 report on competition, which we highlighted in a recent post.
In its announcement, TTB offered two alternatives to the current regulatory standards. TTB states that it created these amendments in response to inquiries and petitions over the years from international governments, importers, and exporters as they felt the current standards stifled innovation and competition, especially as supply chain issues continue to plague the industry with no end in sight.
Current Standards
The current standards set specific container sizes and apply minimum and maximum requirements. There are currently 12 standards of fill for wine. The minimum standard is 50 milliliters and the maximum is 3 liters (note however that wine may be bottled or packed in containers of 4 liters or larger if the containers are filled and labeled in quantities of even liters). Standards of fill are set up similarly for distilled spirits, with some variations for distilled spirits in metal cans. There are 11 total standards of fill, with the minimum standard at 50 milliliters and the maximum at 1.8 liters.
The Proposed Alternatives
Alternative One proposes ten additional standards of fill for wine. Some of the additional container sizes include 180, 300, 300 milliliters, and 2.5-liter containers. TTB is concerned that this alternative could create public confusion regarding the quantity of wine in the container. Alternative Two eliminates all but the minimum container size standard for wine and the minimum and maximum container size standards for distilled spirits.
TTB noted in its announcement that these alternatives seek to promote competition both domestically and internationally, avoid unnecessary regulatory requirements, and give consumers greater purchasing options so they may better control a specific amount of consumption.
TTB is seeking public comments on the matter. TTB would like to hear opinions on both proposed alternatives, specifically how these changes in standards of fill might impact competition and public confusion.
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