FDA requirements

[rlw]

Does anyone know if there are any FDA requirements on spirits other than allergen additives? We saw nothing about the FDA while obtaining our Federal permit.

Dick & Marti

Florida Farm Distillers

[Ralph at Tuthilltown]

It's my experience, based on various question and answer exchanges with TTB, the only time the FDA comes into play is when products include additives. For instance, botanicals introduced to spirits must be vetted to ensure they are not prohibited substances. Usually a 750ml sample must be submitted to the Federal Lab, takes about 60 days to get a response, including the LATIN BOTANICAL NAMES (this is required) for each, your formula must be included, it's called a QUANTITATIVE LIST OF INGREDIENTS. The Fed wants to know exactly what you're putting into your spirits if it is outside the standard definitions for simple spirits. When in doubt, ask a TTB representative, forms are on line and most can be submitted over email or downloaded and faxed.

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By the way, I'd like to discuss your experiences as a "farm distillery". We are having enormous difficulty with various levels of regulators in NYS, all of whom have a different opinion on our Farm status. We grow rye, which we use to make whiskey. According to the Dept. of Agriculture and Markets our operation is a Farm Use and our products to be Farm Products and our waste stream farm waste or "unrecognizable food waste" which can be spread on the land at "agronomic levels"; but the Dept of Environmental Conservation considers us a "moderately hazardous industrial use" and our waste "hazardous waste". The local building inspector insists we are an industrial use, therefore requiring us to meet all Universal Building Code requirements for our physical plant, this is not a requirement for a Farm. The State recognizes in the law that "fermented products" of a Farm are Farm Products; so under the mixed message interpretations, our land, the rye we grow and the first floor of the distillery where we do fermentation are all farm uses and the mash a farm product, but when we move it upstairs to the stills it moves to an industrial space and becomes an industrial product, the waste becomes industrial waste since it comes from the second floor. It's utterly nuts.

My question is, how does the State of Florida recognize your distillery. Is it considered a legitimate farm use, your products farm products; or is the law ambiguous and contradictory as it is in NY and many other states? I will be in Florida in about six weeks and would appreciate an opportunity to visit and meet you. Will be at ADI Conference, perhaps we will meet there.

Ralph

Tuthilltown

[kkbodine]

Does anyone know if there are any FDA requirements on spirits other than allergen additives? We saw nothing about the FDA while obtaining our Federal permit.

Dick & Marti

Florida Farm Distillers

You will need to register your plant with the FDA if you have not done so already. I seem to remember doing it online. Otherwise, like Ralph stated, the TTB is the controlling body most of the time unless you are adding something not already recognized.

Cheers,

Keith