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intrastate label exemption


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Yes, there is an exemption from most of the part 5 requirements for products sold only in intrastate commerce, but oh there are so many catches, slightly less than 22, but still ....

Look at the name of the form: "Application for and Certification/Exemption of Label/Bottle Approval." That is, you must get TTB to grant you the exemption by submitting the same form.

Next, you must label the bottles, "For Sale in Hawaii Only." The customer then asks, "How come?"

Finally, if you get the exemption from label approval, you still have to comply with all of the labeling requirements part 19 places on labels that are exempt from part 5. Did I say that these requirements are mirror images of the many, but not all, requirements of part 5 requirements? Look at 19.517.

If a proprietor bottles spirits for domestic use under a certificate of exemption from label approval on form TTB F 5100.31, the following information must appear on the label used on the bottle, in the manner indicated:
(a) Brand name. The brand name on the label must conform to the requirements of Sec. 5.34 of this chapter;
(B) Kind. The class and type of the spirits identified on the label must conform to the requirements of Sec. 5.35 of this chapter;
© Alcohol content. The alcohol content on the label must conform to the requirements of Sec. 5.37(a) of this chapter;
(d) State of distillation. In the case of whisky, the state of distillation statement on the label must conform to the requirements of Sec. 5.36(d) of this chapter;
(e) Net contents. The label must show the net contents, unless the statement of net contents is permanently marked on the side, front, or back of the bottle;
(f) Name and address of bottler. The name and address of the bottler must conform to the requirements of Sec. 19.518;
(g) Age of whisky containing no neutral spirits. In the case of whisky containing no neutral spirits, statements of age and percentage by volume on the label must conform to the requirements of Sec. 5.40 of this chapter;
(h) Age of whisky containing neutral spirits. In the case of whisky containing neutral spirits, the label must state the age of the whisky or whiskies and the respective percentage by volume of whisky or whiskies and neutral spirits in accordance with Sec. 5.40 of this chapter;
(i) Age of brandy. In the case of brandy aged for a period of less than two years, the label must state the age.
(j) Presence of neutral spirits or coloring, flavoring, or blending material. The label must indicate the presence of neutral spirits or coloring, flavoring, or blending material in accordance with Sec. 5.39 of this chapter; and
(k) Country of origin. Labels of imported spirits must state the country of origin in substantially the following form: ``Product of ------------,'' with the blank filled in with the name of the country of origin.

And you still must have a health warning statement.

So, since you have to apply, have to have most of the same statements, and have to include "For Sale in Hawaii Only," somehow the temptation to get exempted is far less inviting. I'd put a smiley emoticon on the end of that sentance, but I think what is given with the one hand is taken away with the other, leaving little reason to smile about a new found workaround TTB's label delays.. Did I mention that you also lose the cover that pre-approval gives, not that it matters in civil suits like the one brought against Tito's, but if TTB approves a label it later finds in violation, they have to jump through the hoops in part 13 to take action. If they haven't approved the label ....

It's late. Good luck. I'm going to be in Hawaii in a week. Don't go looking to harpoon the messenger.

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