What Can Wineries, Breweries and Distilleries Expect From The TTB As a Result of the Government Shutdown?

So, what exactly does this shutdown mean for distillers,
brewers and vintners?  Well, for
starters, there won’t be any label approvals, permit approvals or formula
approvals – so if you’ve got something new, maybe
you keep it in state
.

Here’s
the TTB’s Shutdown plan
, it includes a summary listing of exempt v.
non-exempt functions. 

The activities most relevant to vintners, brewers and
distillers listed as exempt (i.e., TTB will be going forward with these
activities):

  • Continuing the TTB computer operations to prevent the loss
    of data in process (your previously subitted applications may be safe)
  • Protection of statute expiration, bankruptcy, liens and
    seizure cases
  • Maintaining criminal law enforcement and undercover
    operations
  • Processing of tax returns which include remittances

The activities that wineries, breweries and distilleries
will want to note are not-exempt and won’t be performed:

  • Processing of permits, certificates of label approval, and
    manufacturer of non-beverage products drawback claims
  • All non-criminal investigative activities, audit functions,
    examination of returns, processing of tax returns that do not include
    remittances
  • Laboratory services
  • Most administrative functions not related to the safety of
    life and protection of property

Notably, there’s also a tally of the employees left in limbo
by the shutdown.  The tally states that only
35 out of 483 are likely to be kept working.

The TTB is not regularly updating its website for the time
being, so those looking for alcohol or alcohol law related info are going to
have to look elsewhere.  We will keep you
posted on any updates.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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