Notice2024-01855
Labeling and Advertising of Wine, Distilled Spirits, and Malt Beverages With Alcohol Content, Nutritional Information, Major Food Allergens, and Ingredients
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Published
January 31, 2024
Issuing agencies
Treasury DepartmentAlcohol and Tobacco Tax and Trade Bureau
Abstract
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is announcing virtual listening sessions to receive input from the public on labeling of wine, distilled spirits, and malt beverages to disclose per-serving alcohol and nutritional information, major food allergens, and/or ingredients. The Department of the Treasury's February 2022 report on "Competition in the Markets for Beer, Wine, and Spirits" recommended that TTB revive or initiate rulemaking in these areas. These listening sessions are intended to engage the public, including consumers, public health stakeholders, and industry members of all sizes, and facilitate the public's ability to provide input to inform rulemaking. This notice sets forth the dates and times of the virtual listening sessions and instructions for registration. It also opens a docket for submitting written comments on the issues to be discussed in the listening sessions.
Full Text
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<title>Federal Register, Volume 89 Issue 21 (Wednesday, January 31, 2024)</title>
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[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Notices]
[Pages 6171-6173]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01855]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
[Docket No. TTB-2024-0002; Notice No. 232]
Labeling and Advertising of Wine, Distilled Spirits, and Malt
Beverages With Alcohol Content, Nutritional Information, Major Food
Allergens, and Ingredients
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Announcement of listening sessions; request for comments.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
announcing virtual listening sessions to receive input from the public
on labeling of wine, distilled spirits, and malt beverages to disclose
per-serving alcohol and nutritional information, major food allergens,
and/or ingredients. The Department of the Treasury's February 2022
report on ``Competition in the Markets for Beer, Wine, and Spirits''
recommended that TTB revive or initiate rulemaking in these areas.
These listening sessions are intended to engage the public, including
consumers, public health stakeholders, and industry members of all
sizes, and facilitate the public's ability to provide input to inform
rulemaking. This notice sets forth the dates and times of the virtual
listening sessions and instructions for registration. It also opens a
docket for submitting written comments on the issues to be discussed in
the listening sessions.
DATES:
Listening sessions and requests to speak: The virtual listening
sessions will be held February 28, 2024, from 10 a.m. to 2 p.m.,
Eastern Standard Time; and February 29, 2024, from 1 p.m. to 5 p.m.,
Eastern Standard Time. The deadline to register to virtually attend
either session is 12 p.m., Eastern Standard Time, February 27, 2024.
Submit requests to speak during one of the listening sessions by 12
p.m., Eastern Standard Time, on February 26, 2024. If all registered
speakers have had an opportunity to speak, the session may conclude
early.
Comment submissions: Written comments on this notice must be
submitted by 11:59 p.m. Eastern Standard Time, March 29, 2024. For
additional registration information, see the SUPPLEMENTARY INFORMATION
section below.
ADDRESSES: Additional details, such as registration information, are
available at <a href="https://www.ttb.gov/laws-regulations-and-public-guidance/listening-session">https://www.ttb.gov/laws-regulations-and-public-guidance/listening-session</a>. You may also electronically submit comments to TTB
in response to this notice and view any comments TTB receives on it
within Docket No. TTB-2024-0002, as posted at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. A direct link to this notice is available on the
TTB website at <a href="https://www.ttb.gov/rrd/miscellaneous-federal-register-documents">https://www.ttb.gov/rrd/miscellaneous-federal-register-documents</a>. Alternatively, you may submit comments via postal mail to
the Director, Regulations and Ruling Division, Alcohol and Tobacco Tax
and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Please see the Public Participation section of this document for
further information on the comments requested and the submission,
confidentiality, and public disclosure of comments.
FOR FURTHER INFORMATION CONTACT: Curt Eilers, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW,
Box 12, Washington, DC 20005; telephone 202-453-1039, ext. 041.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of this notice is to announce virtual listening
sessions and the opening of a public docket to receive input from the
public on labeling of wine, distilled spirits, and malt beverages with
per-serving alcohol and nutritional information, major food allergens,
and/or ingredients. The Department of the Treasury's February 2022
report on ``Competition in the Markets for Beer, Wine, and Spirits''
recommended that TTB revive or initiate rulemaking in these areas.
These listening sessions are intended to engage the public, including
consumers, public health stakeholders, and industry members of all
sizes, in addition to those who may traditionally respond through the
rulemaking process, and facilitate the public's ability to provide
input to inform rulemaking.
The Federal Alcohol Administration Act (FAA Act), 27 U.S.C.
205(e)(2), authorizes the Secretary of the Treasury to prescribe
regulations that will provide adequate information as to the identity
and quality of alcohol beverages. The FAA Act does not require alcohol
beverage labels to disclose a full list of ingredients,\1\ any
[[Page 6172]]
major food allergens \2\ used in the production of alcohol beverages,
or nutritional information such as the number of calories or the amount
of carbohydrate, protein, fat, or other nutrients. TTB and its
predecessor agencies have published regulations on the labeling of
wine, distilled spirits, and malt beverages in parts 4, 5, and 7,
respectively, of chapter I of title 27 of the Code of Federal
Regulations (27 CFR chapter I). TTB also has provided standards for
voluntary nutrient content statements (TTB Ruling 2013-2), standards
for voluntary disclosures of major food allergens (27 CFR 4.32a-4.32b,
5.82-5.83, and 7.82-7.83), and requirements for alcohol content
disclosures for most alcohol beverages (27 CFR 4.36, 5.65, and 7.65).
TTB is now considering whether the disclosure of the information
currently subject to voluntary standards should instead be required;
whether required alcohol content disclosures should be expanded to a
broader scope of beverages; and, if so, how the information should be
presented.
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\1\ TTB regulations do require the disclosure of certain
specified ingredients that the Food and Drug Administration (FDA)
determined posed a recognized health problem. TTB regulations
require labels to disclose the presence of FD&C Yellow No. 5,
cochineal extract or carmine, and sulfites (when present in alcohol
beverages at a level of ten or more parts per million). The
regulations also require a warning statement when aspartame is
present. See 27 CFR 4.32, 5.63, and 7.63.
\2\ Major food allergens include milk, eggs, fish, Crustacean
shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. See 21
U.S.C. 321(qq) and 343(w). More information on major food allergens
is available at <a href="https://www.fda.gov/food/food-labeling-nutrition/food-allergies">https://www.fda.gov/food/food-labeling-nutrition/food-allergies</a>.
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In 2005, TTB sought comments in an advance notice of proposed
rulemaking on alcohol content, nutritional information, major food
allergen, and ingredient labeling. See Notice No. 41 (70 FR 22274,
April 29, 2005).
TTB is now seeking updated input regarding these topics. We are
particularly interested in whether consumers will find such information
useful, the costs and burdens associated with industry members
providing that information, and alternate approaches for providing that
information in a way that is both effective and appropriately balances
the benefit to consumers with the costs and burdens on industry
members.
This action follows the Department of the Treasury's report, issued
on February 9, 2022, titled ``Competition in the Markets for Beer, Wine
and Spirits,'' that included recommendations related to labeling
alcohol beverages with nutrition, major food allergen, and ingredient
information.\3\ The Department issued the report pursuant to Executive
Order (E.O.) 14036, ``Promoting Competition in the American Economy.''
Among other things, Treasury addressed text in E.O. 14036 that asked
the Department to review labeling regulations ``that may unnecessarily
inhibit competition by increasing costs without serving any public
health, informational, or tax purpose.'' The report found that
``[r]egulatory proposals that could serve public health and foster
competition by providing information to consumers, such as mandatory
allergen, nutrition, and ingredient labeling proposals, have not been
implemented.'' The report contains several recommendations, including
that ``TTB should revive or initiate rulemaking proposing ingredient
labeling and mandatory information on alcohol content, nutritional
content, and appropriate serving sizes.''
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\3\ The report is available at <a href="https://home.treasury.gov/system/files/136/Competition-Report.pdf">https://home.treasury.gov/system/files/136/Competition-Report.pdf</a>.
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Further, in April 2023, the President signed Executive Order 14094,
``Modernizing Regulatory Review,'' encouraging agencies to provide
opportunities for public participation in regulatory actions to promote
equitable and meaningful participation by a range of interested or
affected parties, including underserved communities. The Office of
Management and Budget's guidance for implementing E.O. 14094 encourages
Federal agencies to solicit comments in non-written formats, such as
live webinars or audio recordings, to encourage participation from
members of the public who might not otherwise participate in the
regulatory process and to use virtual listening sessions to reach
people who may be unable to attend in-person sessions. The guidance
also provides that listening sessions are most appropriate before a
proposed rule.
II. Topics for Comment
To facilitate input from the public, including individual
consumers, consumer and other public interest groups, public health
stakeholders, affected industry members of all sizes, and any other
interested parties, TTB has developed the following list of questions.
TTB encourages commenters to explain the rationale behind their
comments and to include any available supporting data and other
information, as appropriate.
1. Do consumers believe that they are adequately informed by the
information currently provided on alcohol beverage labels?
2. Is alcohol content per serving, and nutritional information
(such as calories, carbohydrates, protein, and fat) per serving
important for consumers in deciding whether to purchase or consume a
particular alcohol beverage? Would a full list of ingredients, and/or
major food allergens, be important information for consumers in making
their purchasing or consumption decisions? In what ways would this
information be useful, and in what ways could it be misleading? Is some
of this information more important than others?
3. What types of per-serving nutritional information, such as
calories, carbohydrates, protein, and fat, should be included?
4. Would requiring this information on labels be expected to
increase the cost of the products and, if so, by how much? To what
extent are businesses already following voluntary guidelines for this
information? Are there alternative ways of providing the information,
for example by allowing information to be provided through a website
using a quick response code (QR code) or website address on the label?
5. How would any new mandatory labeling requirements particularly
affect small businesses and new businesses entering the marketplace?
III. Public Participation
As the intent of the public listening sessions is to allow the
general public to provide input to TTB on aspects of potential
approaches to labeling of wine, distilled spirits, and malt beverages
with alcohol content, nutritional information, major food allergens,
and/or ingredients, the sessions have been designed to facilitate one-
way communications. Outside of introductory and logistical remarks, TTB
will not be providing substantive information on the topic or
responding to comments during the public listening sessions. Attendance
at the listening sessions will be capped depending on webinar capacity
limitations.
Registration to attend virtual listening sessions. TTB will hold
virtual listening sessions on February 28, 2024, from 10 a.m. to 2
p.m., Eastern Standard Time, and on February 29, 2024, from 1 p.m. to 5
p.m., Eastern Standard Time. To register for either of the free virtual
listening sessions, please visit the following website: <a href="https://www.ttb.gov/laws-regulations-and-public-guidance/listening-session">https://www.ttb.gov/laws-regulations-and-public-guidance/listening-session</a>. You
may register until 12 p.m., Eastern Standard Time, on February 27,
2024. Live closed captioning will be available during the listening
sessions. TTB is committed to ensuring all participants have equal
access to the session regardless of disability status. If you require
reasonable accommodation due to a disability to fully participate,
please contact TTB at <a href="/cdn-cgi/l/email-protection#eba49e9f998e8a8883ab9f9f89c58c849d"><span class="__cf_email__" data-cfemail="105f65646275717378506464723e777f66">[email protected]</span></a> or 202-508-0271 as soon as
possible but no later than 5 days in advance of the session you wish to
attend.
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TTB reserves the right to reschedule or cancel the session for any
reason, including a health emergency or severe weather that impacts the
ability of TTB to conduct the session safely and effectively at the
proposed date and time. Any changes or updates to the date or start and
end time for the session will be posted on <a href="https://www.ttb.gov/laws-regulations-and-public-guidance/listening-session">https://www.ttb.gov/laws-regulations-and-public-guidance/listening-session</a>.
Requests to speak. When you register, you may indicate whether you
wish to speak and during which session. You must submit such requests
by 12 p.m., Eastern Standard Time, on February 26, 2024. We will
attempt to accommodate each speaker's session preference; however, if
we are unable to do so, we will make the determination on a first-come,
first-served basis, based on the time and date of the registration
request.
TTB will notify speakers of the order in which they are scheduled
to speak and provide information on how to log in to the session as a
speaker. An individual may speak during only one of the sessions (i.e.,
either on February 28, 2024, or on February 29, 2024, but not both).
TTB reserves the right to reject the registration of an entity,
individual, or individual affiliated with an entity, that is already
scheduled to present comments, to ensure that a broad range of entities
and individuals are able to present. We will limit each participant's
comments to 5 minutes.
No presentation, or commercial or promotional material, will be
permitted to be displayed during the listening sessions.
Streaming webcast of the listening sessions: The listening sessions
will be webcast. Please register online as described above to attend or
to request to speak. Registrants will receive a hyperlink that provides
access to the webcast.
Transcripts: As soon as transcripts of the listening sessions are
available, they will be placed in Docket No. TTB-2024-0002 and will be
accessible at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting comments: You may submit comments as an individual or on
behalf of a business or other organization via the <a href="http://Regulations.gov">Regulations.gov</a>
website or via postal mail, as described in the ADDRESSES section of
this document. Your comment must reference Docket No. TTB-2024-0002 and
must be submitted or postmarked by the closing date shown in the DATES
section of this document. You may upload or include attachments with
your comment. You do not have to register to speak in order to submit
written comments on this docket.
Confidentiality and Disclosure of Comments: All submitted comments
and attachments are subject to public disclosure. Do not enclose any
material in your comments that you consider confidential or that would
be inappropriate for public disclosure.
TTB will post, and you may view, copies of this document and any
comments TTB receives within the related <a href="http://Regulations.gov">Regulations.gov</a> docket. In
general, TTB will post comments as submitted, and it will not redact
any identifying or contact information from the body of a comment or
attachment.
Please contact TTB's Regulations and Rulings Division by email
using the web form available at <a href="https://www.ttb.gov/contact-rrd">https://www.ttb.gov/contact-rrd</a>, or by
telephone at 202-453-2265, if you have any questions regarding comments
on this proposal or to request copies of this document, its supporting
materials, or the comments received in response.
TTB notes, the public meeting is being held solely for information
and program-planning purposes. Input provided during the public meeting
does not bind TTB to any further action.
Signed: January 25, 2024.
Mary G. Ryan,
Administrator.
[FR Doc. 2024-01855 Filed 1-30-24; 8:45 am]
BILLING CODE 4810-31-P
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