applying for a ttb distillery permit - distilling.com · applying for a ttb distillery permit...
TRANSCRIPT
Applying for a TTB Distillery Permit AMERICAN DISTILL ING INSTITUTE
2015 CRAFT SPIRITS CONFERENCE & VENDOR EXPO
March 30 – April 2, 2015| Louisville, KY Alcohol and Tobacco Tax and Trade Bureau
Agenda: • Permits Online • DSP Application • Use of DSP Premises
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 2
Before You Apply
o You must be able to produce in a reasonable amount of time.
o You must have a securable building.
o If using a surety bond, obtain an executed bond.
3 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 4
Permits Online
Online Submission
Permits Online is a secure, web-based system that facilitates and streamlines the online submission, routing, and internal processing of original and amended applications.
5 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Permits Online
o Self registration
o Streamlined online application submission process
o Step by step guidance through Online Help
o Online document submission
o Ability to search applications and check application status online 24 X 7
o Receive application notifications through e-mail
o Access approved documents electronically
6 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Accessing Permits Online
From TTB.gov homepage
7 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Qualify with TTB
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 8
TTB Online
9 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Permits Online Homepage
10 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Permits Online Homepage (cont.)
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 11
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 12
DSP Application
Owner Officer Information (OOI)
Owner Officer Information (OOI) Applications o Must be completed for every person that will be listed as
a stockholder holding 10% or more, Sole Proprietor, Partner, Officer, Director, Trustee, Member and/or Managing Member of an LLC; a limited or general partner in a partnership; or a sole proprietor
o Must be completed before completing the commodity application.
13 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
DSP Application
14
Select “Beverage Only” if you plan to produce beverage spirits.
Select the type of operations in which you plan to engage.
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
DSP Application
Premises Description
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 16
Premises Description
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 17
Cash Bonds
Cash bonds are now paid through Permits Online.
Complete the Bond Table
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 18
Select Cash Bond
from Bond
Category
Cash Bond Payment
After you have completed and reviewed the application, you will be prompted for your banking information.
The application
cannot be submitted
without your banking
information.
19 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Required Documents
20 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Submission of Application
o Review everything before submitting.
o Be sure all required forms are uploaded/ attached.
21 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Processing Times
o Processing times can be found on TTB.gov and on the Permits Online homepage.
o These times are updated monthly.
o Current processing times are about 100 days.
22 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
After Submission
23
Check your processing status
Upload additional documents
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Common Errors
o The Application Contact does not have signing authority.
o Owner Officer Information (OOI) application not submitted for all required persons.
o Mailing bond and Power of Attorney forms.
24 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Use of DSP Premises
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 25
Use of DSP Premises
Distilled spirits plants shall not be located:
o In any dwelling house, or in any shed, yard, or enclosure connected with any dwelling house
o On board any vessel or boat
o On premises where beer or wine is produced
o Where liquors of any description are retailed
o On premises where any other business is conducted (except as provided in §19.54)
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
27 CFR 19.51
26
“Where Wine or Beer are Produced”
o DSP must be physically separated from a winery or brewery
o Separate building or same building but different floor
o Different rooms on the same floor with separate means of entrance/egress
o Alternation of equipment may occur only after TTB approval
o Wine, beer, or spirits must be removed to permanent premises at the conclusion of alternation of equipment
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 27
“Where liquors of any kind[wine, beer or spirits] are retailed”
o Unlike brewpubs and bonded winery premises, DSPs cannot sell at retail from the bonded premises
o DSP premises must be physically separated from retail sales area
o That means separated by a wall with a separate means of access
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 28
“Where any other Business is Conducted”
“Bonded premises shall be used exclusively for distilled spirits operations”
o Production, Storage, and Processing of spirits
o No tasting room
o No banquet facilities
o Etc.
Exception: TTB officer may approve an alternative method or procedure.
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 29
Speaker Contact Information
Ronda Merrell Technical Advisor National Revenue Center Cincinnati, OH [email protected]
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 30
DSP Resources
o 27 CFR part 19 - Distilled Spirits Plants http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=ae3312b52c19993f69af6029957ec49f&tpl=/ecfrbrowse/Title27/27cfr19_main_02.tpl
o 27 CFR part 5 – Labeling and Advertising of Distilled Spirits http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0b1336cf26cbf0cd359ebd43d02b8706&rgn=div5&view=text&node=27:1.0.1.1.3&idno=27
o 27 CFR part 30 - Gauging Manual http://www.ttb.gov/foia/gauging_manual_toc.shtml
o TTB Proofing Video Series http://www.ttb.gov/spirits/proofing.shtml
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 31
DSP Resources - Labeling
o COLAs Online http://www.ttb.gov/labeling/colas.shtml
oDistilled Spirits Beverage Alcohol Labeling Manual http://www.ttb.gov/spirits/bam.shtml
o Changes that can be made to approved labels http://www.ttb.gov/labeling/allowable_revisions.shtml
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 32
DSP Resources - Formulas
o 27 CFR §§ 5.25 - 5.28 - Formulas
o TTB Industry Circular 2007-4 - Pre-COLA Product Evaluation
o Formula Approval Tool
o Formulas Online Homepage
o Limited Ingredient Calculation Worksheets
o Volume
o Percentage
o Flavor Ingredient Data Sheet (FIDS)
o Processing Times for Beverage Alcohol Formulas
owww.fda.gov
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 33
DSP Resources
o TTB Web site www.ttb.gov
Distilled Spirits Home page http://www.ttb.gov/spirits/index.shtml
o Subscribe to receive the weekly TTB Newsletter http://www.ttb.gov/newsletters/ttb-news.shtml
o Common Compliance and Tax Issues Found During DSP Audits http://www.ttb.gov/spirits/common_compliance_tax_issues-during-audits-ds.shtml
o Helpful Hints in Preparing Form 5000.24 - Excise Tax Return http://www.ttb.gov/forms/helpful_hints500024.shtml
oOperational Reports Tutorials http://www.ttb.gov/forms/index.shtml
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 34
TTB Contacts
Permits, Reports and Taxes TTB National Revenue Center (Cincinnati, OH)
Toll Free: 877-882-3277
Labels, Formulas and Advertising Advertising, Labeling and Formulation Division
Toll Free: 866-927-2533
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 35
TTB Contacts
Regulations and Rulings Division
202-453-2265 [email protected]
Importation/Exportation International Affairs Division
202-453-2260
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 36