TTB Tells Brewers to Specify Malted Barley and Hops in Filings

The Alcohol and Tobacco Tax and Trade Bureau told brewers on Friday to be more specific in beer and malt beverage formula submissions, warning that vague descriptions of ingredients are causing applications to be sent back for correction and slowing approvals.

In a newsletter issued Friday, the agency said a common problem is that applicants do not clearly state whether a product contains malted barley and hops. TTB said both ingredients must be present for a product to meet the definition of a malt beverage under the Federal Alcohol Administration Act. When those details are missing or unclear, formula submissions can be delayed.

The bureau said brewers should explicitly use the terms “malted barley” and “hops” in their filings and should avoid broad descriptions such as “malt base.” The guidance is aimed at companies submitting formulas for beer and malt beverages that require agency review before the products can move through the federal approval process.

TTB pointed brewers to several resources meant to reduce mistakes in applications. The agency said an example formula is available on its formulation page and said brewers can also use a “Boot Camp for Brewers” video that explains the formula approval process and what information to include. It also directed companies to an interactive formulas tool for businesses that are unsure whether a product needs formula approval at all.

The reminder comes as TTB continues a broader push to simplify regulatory filings for brewers. In the same newsletter, the agency said it is still accepting participants for its tax simplification pilot program and that more than 500 breweries are already taking part. TTB said those participants include breweries of different sizes and with different filing schedules, and it said early feedback on the revised forms has been positive.

Under the pilot program, participating brewers submit pilot forms instead of the standard Excise Tax Return, known as TTB Form 5000.24, and the Brewer’s Report of Operations, filed on TTB Forms 5130.9 or 5130.26. The agency said it designed the pilot forms to simplify and align brewery tax returns and operational reports, with the goal of cutting down the time needed to complete filings and reducing the number of separate submissions.

TTB said it plans to use industry feedback before making the changes permanent. The bureau said brewers in the pilot can provide comments at any time through its tax simplification contact page. It also directed businesses to Industry Circular 2025-1 for eligibility rules and application details, and to its beer tax simplification page for pilot forms and instructional videos.

The newsletter also highlighted a separate federal notice that may interest companies regulated by TTB. The Office of the United States Trade Representative is seeking comments for the annual National Trade Estimate Report on Foreign Trade Barriers. According to the notice, USTR wants information that could help identify significant foreign barriers to, or distortions of, U.S. exports of goods and services and U.S. foreign direct investment. The agency also said it will consider responses as part of its yearly review of the operation and effectiveness of U.S. trade agreements involving telecommunications products and services.

The deadline to submit comments to USTR is October 29 at 11:59 p.m. EDT. The notice was published in the Federal Register on September 14.

TTB also drew attention to two presidential proclamations published in the same Federal Register issue that affect trade with Canada. One proclamation, numbered 11061 and dated September 8, excludes certain Canadian products from importation into the United States in response to what the federal government described as continued Canadian discrimination against U.S. commerce involving alcoholic beverages. A second proclamation, numbered 11064 and also dated September 8, modifies the scope of Canadian products subject to additional duties imposed to offset that discrimination.

By grouping the formula warning, tax pilot update, trade notice, and presidential proclamations in a single newsletter, TTB signaled that it is focusing both on day-to-day compliance issues for brewers and on broader trade and regulatory developments that can affect alcohol producers, importers, and other companies operating under its oversight.

The agency also used the newsletter to direct readers to several beer-related resources on its website, including beer reports, guidance on the anatomy of a malt beverage label, malt beverage labeling rules, beer tax simplification materials, and brewer’s notice information. It said its next outreach activity is the National Liquor Law Enforcement Association Annual Conference, scheduled for September 20 through September 23.