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Wes Henderson

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Posts posted by Wes Henderson

    Package Design Firm Recommendation

    in Packaging

    Posted

    I have never made a recommendation to the group, but in this case, I feel compelled to recommend an incredible design firm.

    One of their key members, Greta Ackerman, was instrumental in the design of our Angel's Envy packaging. They have an amazing array of capabilities, and can handle the entire project all the way down the line.

    Their website is: http://ptarmak.com/

    Feel free to email me with any questions (whenderson@louisvilledistilling.com).

    Cheers!

    Wes

    Whiskey in Alabama

    in General Discussion

    Posted

    I am wondering if anyone in the group is from Alabama? I was looking at the ADI map of member distilleries and saw that Alabama is one of only three states without one. Curious if anyone can give me a little help on why that is? I have been trying to find stuff online about Alabama's rules. I am having a hard time finding it through our control board's website. I searched for an Alabama TTB and got nothing but references and redirects to our control board. Are they the right people to call about setting up a distillery? Is it even legal to do in our state? I found Clyde May's Conecuh Ridge Apparently Alabama's State Spirit but it's made in Bardstown Kentucky. Not so much Alabama in that Spirit.

    Thanks ahead of time to anyone who knows,

    Rick

    There are two words for the reason there are no distilleries in AL, and they are EMORY FOLMAR....

    Distributor payment terms

    in Distribution

    Posted

    I am trying to find out what terms most distributors end up using for payment to you. Net 30? Net 60? Does anyone go Net 90? Does it vary on certain things? How are they, generally, at meeting thses obligations? Do they place any specific demands in your court?

    Thanks for your help.

    Todd

    Net 30 is the norm, and is about as much rope you should give. Some of the control states are longer, we have 60 day terms with PA, for example.

    WH

    label approval time

    in Beginners

    Posted

    The label approval process depends upon if the label is submitted online or with hard copies. Mistakes will be returned as needing correction. I encourage the use of the online COLA.

    The TTB seems to be pretty slammed right now, so I would prepare for a wait of 60 days, just to be safe, and taking into account corrections for a first time learning curve.

    Good luck,

    Wes

    FDA Number?

    in Federal Gov't

    Posted

    Is anyone aware of any requirement to obtain an FDA number for bourbon. I am aware of this for beer, wine and imports, but not for bourbon. I have a CA distributor asking for this number....

    Thanks,

    Wes

    website age verification

    in General Discussion

    Posted

    I know all the big boys do it. How many little guys use an age check on your website. Do any laws require it?

    This is a DISCUS guideline for responsible advertising. I cannot imagine that anyone involved in the distilled spirits industry would not use an age-gate.

    fire safety sprinkler systems

    in Federal Gov't

    Posted

    What type of systems does the atf require?

    This is a function of the AHJ (Authority Having Jurisdiction) in your area. The AHJ is usually the Fire Marshal. The TTB will only ask that you are compliant with all local laws and regulations, and ask you to affirm this.

    Labeling and business address

    in Packaging

    Posted

    Obtain your Basic Permit as a Wholesaler. Your bottler can then add your licensed company as a DBA, and this DBA name may appear on the label. It will, however, need to have the city and state of the bottler/producer on the label (but not their name).

    Make sense?

    wh

    I'm hoping someone can clarify something for me. One of the things I am considering is sub-contracting out some distilling until the distillery is built. This would allow me, among other things, to get samples for distributors and minimize overhead while I set up distribution.

    Now here is my question... If the sub-contractor (don't worry, it is a micro-distillery) is in another state, how can I get MY address and company name on the label? Looking in the BAM, it would seem that I can not, but I may just be reading it wrong. It syates the following:

    The name(s) and address(es) of the:

    Bottler or

    Packer or

    Filler

    AND/OR

    Distiller or

    Blender or

    Maker or

    Preparer or

    Manufacturer or

    Producer

    However, if I am there during production and assisting, would that count? If it is produced FOR me, does that count? Would we need to file a DBA?

    Or, would we use my company name and address as the principle place of business?

    "The city and state of the bottler’s, packer’s, filler’s, distiller’s, etc.,

    principal place of business (see PRINCIPAL PLACE OF BUSINESS

    section of CHAPTER 5, NAME AND ADDRESS)"

    Chapter 5 seems to address this, but I am not quite getting it.

    "The name of the company for whom the distilled spirits were bottled, packed

    or filled AND the principal place of business address of the company for

    whom the distilled spirits are bottled, packed or filled. The contract bottler

    may exercise this option only if:

    The company for whom the distilled spirits are bottled, packed or filled is

    qualified as a distilled spirits plant"

    I will not have my DSP at that time.

    Thanks for your help.

    Todd

    Wax Bottle Finishes

    in General Discussion

    Posted

    All,

    A number of years ago I recall that a spirit producer that began putting a wax finish on their bottle top received a cease and desist notice from Maker's Mark that specified that the use of that finish was trademarked and therefore the spirit producers use of it was an infringement. I know of some wines with that finish (they probably don't care about wine) and some brandies. Does anyone know the status of this or if Maker's Mark has given up pursuing "infingers"? I have a client who wishes to do so and I want to advise him properly.

    Thanks for your input.

    Eric Watson, Owner

    AlBevCon

    Maker's prevailed in this case, in so much as the wax finish been used in commerce to the point that it is readily recognized. Thus, it enjoys the same protection as a trademark, per se. I would look to them to aggressively pursue any infringement of this right in the distiller spirits industry. It is unlikely that wax used on a wine bottle would cause confusion in the marketplace, and would not probably be an infringement. There is my nickel's worth....

    Barrel palletizing

    in Technique

    Posted

    Both John Hall at 40 Creek and Joe Dangler at A. Smith Bowman have 53 gallon barrels on end and report no significant leakage problems. Both have much smaller operations than Beam, of course, and John, I know, has a temperature-controlled warehouse. There is a picture of him with his palletized barrels on the cover of the current issue of Malt Advocate.

    I was going to attach a picture of the palletized warehouse at Beam but couldn't manage to satisfy this board's 13KB limit on image attachments.

    Thanks Chuck. I will check out the issue...just arrived today.

    WH

    What's a fair price to buy a whiskey recipe

    in Technique

    Posted

    There's a local moonshiner with a generations-old recipe. What would be fair compensation for the recipe?

    IMHO, there is more value in the potential story than the recipe. Quite frankly, however, this story has been mined more than once (Clyde May's Conecuh Ridge, Popcorn Sutton, etc), and unless there is something completely off the hook, I don't see much on the marketing end. With the price points for unaged whiskey, be prepared to sell 50,000 or more cases per year (or more) to make any money...and that is pushing it.

    WH

    Blending Bourbon From Different DSP's

    in Federal Gov't

    Posted

    Presuming you're using 2yo or older, you're in the "straight" group.

    From 5.22( b )(1)(iii) '"Straight whisky" includes mixtures of straight whiskies of the same type produced in the same State.'

    My ship to address will be available as soon as your product is available ;o)

    Good luck,

    Will

    BTW, I love your avatar picture. Saw Jeff Dunham in Louisville a few months ago, and Walter was by far the funniest.

    wh

    Blending Bourbon From Different DSP's

    in Federal Gov't

    Posted

    Presuming you're using 2yo or older, you're in the "straight" group.

    From 5.22( b )(1)(iii) '"Straight whisky" includes mixtures of straight whiskies of the same type produced in the same State.'

    My ship to address will be available as soon as your product is available ;o)

    Good luck,

    Will

    Thanks for your input Will. I am working on an additional expression of Angel's Envy, and have come across some barrels I want to use, but will need to do some blending. Both are 4+ year Kentucky Straight Bourbon's from different DSP's, owned by different companies.

    People are all over the place on this question....

    wh

    Blending Bourbon From Different DSP's

    in Federal Gov't

    Posted

    Looking for some guidance on blending of Kentucky Straight Bourbon Whiskey from more than one DSP...

    Is this permissable, and still be called KSBW, or must there be some reference to a blend? All of the bourbon is produced in Kentucky.

    Lincoln seems to think that there is some sort of regulatory hurdle with this, but neither of us can find any prohibition in the regulations, and I am in the camp that thinks you can still call the product KSBW as long as it ALL comes from DSP's located in KY.

    Would appreciate some help! Happy Thanksgiving to everyone!

    Wes

    Shipper Case Labeling Requirements

    in Packaging

    Posted

    Thanks for everyone's input.

    In addition to our carton graphics, I have cosen to include the basics (barcodes, carton contents, etc), and I am utilizing some white-space on the side of the carton for stickers we may need to add to comply with various state requirements, sucha s control state listing numbers, etc....

    Getting close to launch...exciting times!

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