Get ready for the package sizing your marketing department wants! New TTB proposals would grant greater freedom to wineries and distilleries by eliminating onerous standards of fill requirements.

The TTB is currently requesting public comments on a proposed rulemaking to eliminate the strict standards of fill requirements in place for wine and distilled spirits. The Notices of proposed rulemaking 183 (distilled spirits) and 182 (wine) detail a beverage container history with a trend towards a need and desire for greater variety in packaging options.

By way of background, the standards of fill for wine and distilled spirits specify exacting measurements for sizing which originally came about before mandates to state the content volume on containers. Before a requirement that labels display the net content information, consumer deception was arguably reduced by standard measurements.

Presently, 27 CFR 5.47a(a)(1) specifies the following metric standards of fill for containers of distilled spirits: 

• 1.75 liters;
• 1 liter; 
• 750 milliliters; 
• 375 milliliters; 
• 200 milliliters; 
• 100 milliliters; and 
• 50 milliliters. 

In the case of distilled spirits in metal containers that have the general shape and design of a can, that have a closure which is an integral part of the container, and that cannot be readily reclosed after opening, paragraph (a)(2) of § 5.47a authorizes the use of the following metric standards of fill: 

• 355 milliliters; 
• 200 milliliters; 
• 100 milliliters; and 
• 50 milliliters. 

The standards of fill for wine are contained in 27 CFR 4.72(a) authorize the use of the following metric standards of fill for containers of wine: 

• 3 liters; 
• 1.5 liters; 
• 1 liter; 
• 750 milliliters; 
• 500 milliliters; 
• 375 milliliters; 
• 187 milliliters; 
• 100 milliliters; and 
• 50 milliliters. 

Paragraph (b) of § 4.72 states that wine may be bottled or packed in containers of 4 liters or larger if the containers are filled and labeled in quantities of even liters (4 liters, 5 liters, 6 liters, etc.). 

Many wineries have petitioned the TTB for smaller sizes to accommodate standard can measurements 200 ml 250 ml 300 ml, additionally based on petitions to import vin jaune (yellow wine) which must be sold and 620 ml bottles, and some standards for Eastern European countries with 700 ml regimes which present import problems (looking at you Moldova).

In like fashion, distillers have petitioned the TTB with issues like sake and shochu bottles having non-standard 720 ml, 900 ml nand 1.8 liter sizing, and requested things like non-standard 2 ml sampling size allowances.

Thankfully, under the current administration’s mandate to reduce regulation, the TTB has heard these requests and now proposes to essentially eliminate these standards of fill requirements for wine and distilled spirits.

For wine the TTB proposes:

To eliminate the standards of fill for wine by replacing the current standards of fill with a minimum standard of 50 ml. (The minimum is to ensure adequate container space for labeling.)

To view the proposed rule and any related comments, go to Docket No. TTB–2019–0004 at Regulations.gov. To comment electronically, use the Regulations.gov comment form for Notice No. 182. To submit comments by mail or hand delivery, see the instructions in the proposed rule.  You also may view the proposed rule as published in the printed Federal Register or as posted online at Federal Register 2.0. Comments on this proposal are currently due by August 30, 2019.

For distilled spirits the TTB proposes:

To eliminate the standards of fill for distilled spirits by replacing the current standards of fill with a minimum standard of 50 ml and a maximum of 3.785 liters. (The minimum is to ensure adequate container space for labeling and the maximum maintains the distilled spirits distinction between bottled and bulk products.)

To view the proposed rule and any related comments, go to Docket No. TTB–2019–0005 at Regulations.gov. To comment electronically, use the Regulations.gov comment form for Notice No. 183. To submit comments by mail or hand delivery, see the instructions in the proposed rule.  You also may view the proposed rule as published in the printed Federal Register or as posted online at Federal Register 2.0. Comments on this proposal are currently due by August 30, 2019.