Your Wine Bottle Might Soon Warn About Peanut Allergies
Published Date: 1/17/2025
Proposed Rule
Summary
Starting about five years after the final rule is published, wines, distilled spirits, and malt beverages will need to clearly list major food allergens like milk, eggs, nuts, and soy on their labels. This change affects alcohol makers and helps people avoid allergic reactions by knowing what’s inside their drinks. The Alcohol and Tobacco Tax and Trade Bureau is asking for public comments by April 17, 2025, before making it official.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 1 costs, 2 mixed.
Mandatory Allergen Labels on Alcohol
If this rule is finalized, wine, distilled spirits, and malt beverages must list major food allergens used in their production. The rule names nine allergens that must be declared when used: milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame.
Label Requirement Triggers on Production Use
Under the proposal, labels must declare the listed major food allergens when those allergens are used in the production of the alcoholic beverage, unless an exception applies. That means use during production (not only final-product testing) is a trigger for making the declaration.
Exceptions and Petition Process Available
The proposal preserves exceptions for highly refined oils and for ingredients exempted under FDA procedures (21 U.S.C. 343(w)(6) and (7)), and it retains a TTB petition process allowing a product or class of products to seek an exemption. TTB says it generally will act on petitions within 180 days, or the petition is deemed denied unless an extension is agreed.
No Ingredient-Listing Requirement Yet
TTB is not proposing mandatory ingredient labeling in this rulemaking; the proposal would add only a required major food allergen statement. TTB says ingredient disclosure is being considered in a separate rulemaking.
Five-Year Compliance Window
TTB proposes a compliance date of 5 years from the date a final rule is published in the Federal Register, giving producers five years to implement new labeling requirements. Comments on the proposal are requested by April 17, 2025.
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