[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Notices]
[Pages 6171-6173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://www.ttb.gov/laws-regulations-and-public-guidance/listening-session. 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 https://www.regulations.gov. A direct link to this notice is available on the 
TTB website at https://www.ttb.gov/rrd/miscellaneous-federal-register-documents. 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 https://www.fda.gov/food/food-labeling-nutrition/food-allergies.
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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 https://home.treasury.gov/system/files/136/Competition-Report.pdf.
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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: https://www.ttb.gov/laws-regulations-and-public-guidance/listening-session. 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 [email protected] 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 https://www.ttb.gov/laws-regulations-and-public-guidance/listening-session.
    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 https://www.regulations.gov.
    Submitting comments: You may submit comments as an individual or on 
behalf of a business or other organization via the Regulations.gov 
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 Regulations.gov 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 https://www.ttb.gov/contact-rrd, 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