Page 84 - Craft of Whiskey Distilling

76 | AmErICAn DIstIllInG InstItutE
TTB administers label pre-approvals through its Certificate of Label Approval (COLA) system. To obtain a COLA for a distilled spirits product , the distilled spirits plant that bottles or packs the distilled spirit must submit two completed COLA forms bearing the entire proposed label design to the Advertising, Labeling and Formulation Division (ALFD), a division of TTB located at its headquarters in Washington, D.C. Copies of blank COLA forms, TTB Form 5100.31, can be found on TTB’s website at http://www.ttb.gov/forms/ f510031.pdf. Certain information or items may need to accompany the COLA application. If the distilled spirits product requires a formula approval from TTB, the COLA application should include a copy of the approved formula so that TTB can determine if the class and type description and other information on the label is truthful and not misleading. If the label will be painted-on or applied with a translucent label to the bottle, the COLA application must include a real labeled bottle filled with appropriately colored liquid or a photograph or computer generated image of a filled, labeled bottle so that ALFD can examine the legibility and contrast of the mandatory label information. In addition, some COLA applications must include a request for a “distinctive liquor bottle approval” if the product will be bottled in an opaque or unusually shaped container that does not reveal the product’s actual fill level.
COLA applications can be submitted to ALFD by mail, overnight delivery, in person delivery, either by the applicant or an agent such as a trade association, law firm or consultant, or electronically through TTB’s COLAs Online system. In person delivery or use of the COLAs Online system are the preferred options for submitting COLAs as they reduce the risk that COLA forms or key information may be lost or destroyed in delivery. Processing times for COLAs by ALFD can vary from about fourteen days to several weeks depending on the complexity of the label design, the back-log of applications and whether the COLA is rejected. In special circumstances, a COLA applicant can request expedited review of a COLA if the applicant presents ALFD with a clear written request describing the reasons the applicant needs expedited review along with supporting documentation for the request.
ALFD can approve, reject or qualify a COLA application. If ALFD rejects a COLA application, it provides the applicant with an explanation of the reason(s) for rejection. The applicant then may resubmit corrected COLA application forms, including revised labels if necessary, along with ALFD’s rejection sheet. ALFD also may issue a COLA approval with qualifications, such a COLA that only be used for a limited period and for a maximum amount of product (commonly referred to as a “use-up” COLA) or a COLA approved subject to specific restrictions. If an applicant believes that ALFD rejected or qualified the use of a COLA in error, the applicant can seek to persuade ALFD to change its position through an informal review process. Many labeling disputes are resolved through this informal review process between ALFD and COLA applicants or their attorney or consultant. TTB has a formal appeals procedure for COLA disputes, but the length of time required to complete this process limits its usefulness.
Having an approved COLA for a distilled spirit allows the distiller or bottler to bottle or pack that product in containers bearing the approved label for sale in interstate