TTB updates standards of fill updated for distilled spirits, wine

The Alcohol and Tobacco Tax and Trade Bureau (TTB) opened up new container options for distillers and wine makers — authorizing 13 additional standards of fill for wine containers and 15 standards of fill for distilled spirits containers in a final rule scheduled to be published on January 10.

TTB is also amending its regulations to eliminate the distinction between standards of fill for distilled spirits in cans and those for distilled spirits in containers other than cans (glass). So yes: All standards of fill for distilled spirits are now approved for cans and containers other than cans.

These regulatory amendments provide were sought by industry and offer more flexibility for producers as well as more purchasing options for consumers, who are gravitating to more non-traditional sizes these days.

New standards of fill for wine

180, 300, 330, 360, 473 (16 oz.),
550, 568 (19.2 oz),
600, 620, 700, and 720 milliliter sizes
and 1.8 and 2.25 liter sizes.

These are in addition to those that had already been approved and listed in 27 CFR 4.72.

New standards of fill for distilled spirits

187 mL
250 mL
331 mL
350 mL
355 mL
475 mL
500 mL
570 mL
700 mL
710 mL
945 mL
1.5 L
2 L
3 L
3.75 L

These are in addition to those that had already been approved and listed at 27 CFR 5.203.

New fill standards support

475 and 570 milliliters: WISEACRE Brewing (Comment 25) and Ball Corporation (Comment 180) specifically supported these two sizes, which would fill the gap between the two currently authorized sizes (12 and 24 ounces) and allow more manufacturing options for small producers and greater choice for consumers.

Distilled Spirits in Cans i. 945 and 710 milliliters: Ball Corporation (Comment 180) specifically supported these two sizes as a way to promote RTD cocktails

250 and 187 milliliters: Four commenters specifically support these sizes (Comments 138, 163, 171, and 180). Commenters include Ball Corporation, Social Hour Cocktails, the Glass Packaging Institute, and Charbay Distillery. Ball Corporation (Comment 180) notes that these sizes would particularly benefit producers and consumers of RTD cocktails.

331 milliliters: DISCUS (Comments 59 and 197) and Ball Corporation (Comment 180) specifically commented on this size, noting that authorization of this size would help achieve greater operational efficiency.

Distilled Spirits in Containers Other Than Cans–355 Milliliters: Several commenters specifically supported this size. Commenters include Representative Glenn “GT” Thompson, Representative Austin Scott, the Glass Packaging Institute, O-I Glass, and Ball Corporation. The commenters generally state that allowing this size would provide greater consumer choice as the shift to smaller packaging formats continues to grow for both alcohol and non-alcohol beverages.

Eliminate or keep the standards of fill?

During the comment period, TTB asked if they should eliminate standards of fill. They received answers supporting both positions — but TTB ultimately felt the concerns of those seeking to eliminate the standards of fill were ultimately satisfied by expanding the options …

Based upon these comments, particularly those with regard to the potential consumer confusion, TTB believes that the appropriate action at this time is not to eliminate all standards of fill but instead to authorize all of the new standards of fill that were specifically requested and for which TTB received interest in and support for authorizing.

TTB notes that, while some commenters express support for eliminating of the standards of fill, a number of the comments themselves focus specifically upon ensuring that certain sizes, such as 473 milliliter (16 oz.) and 568 milliliter (19.2 oz) for wine and 500 milliliter for distilled spirits, were authorized. TTB believes that its authorization of these sizes largely addresses these commenters’ concerns.

Can vs non-can distinction

The can vs. non-can distinction was viewed as outdated by commenters, and TTB agreed.

TTB has determined that there is no basis for maintaining the distinction between cans and other containers for distilled spirits for purposes of consumer protection. As some commenters note, consumers are already familiar with comparing net contents labels on other foods and beverages to determine if one package contains more product than another, regardless of the shape or material of the packaging. TTB currently requires net content statements on alcohol beverages, which allows consumers to do the same with distilled spirits products regardless of container type. Rather, TTB is adding all sizes for which TTB sought specific comments on in Notice Nos. 210 and 210A.