Labeling

After your licenses are approved, labels for all products must be approved by both the TTB and ABC prior to sale in the Commonwealth.

TTB:
Certificate of Label Approval (COLA): The federal label approval is referred to as a COLA (Certificate of Label Approval). Applications for COLAs can either be submitted on paper or online through the COLAs Online system, www.ttbonline.gov. Online submission is recommended; it is quicker and provides a record of the submission and any corrections TTB might request, and approvals generated through the online system are much clearer, which makes the product registration process smoother. Approval times for COLAs vary depending on how many labels they’re reviewing at any given time, but current approval times can be found here. Wines and ciders with an alcohol percentage below 7% are not subject to COLA approval, but instead are subject to FDA labeling provisions, which can be found here.

In order to register for the COLAs/FormulasOnline system, go to www.ttbonline.gov and click on the “Register for TTB Online” link to register online. There is also a handbook on registration next to that link at the “How to Register” link. Note that this system is completely separate from the Permits Online system, and your login information for that system will NOT work in the COLAs Online system. Once your application for the COLAs Online system is approved, you will get an email with login credentials. This generally takes about a week to process. If you haven’t gotten your registration in that timeframe, look in the spam filter in your email. The registration emails from TTB are often filtered out by email systems.

A COLA must be in place PRIOR to bottling. The winery upon whose bonded premise the wine is being bottled is the winery that must obtain the COLA. If you do not have label design worked out to a point that a COLA application can be submitted, apply for a generic COLA, which contains the minimum mandatory information that can then be used for all wines that fit within the class/type designated on the generic COLA. Sample labels for generic COLA submission are included in the Appendix and here: Generic Label Samples. A copy of this generic COLA should be affixed to pallets of the non-labeled wine until the time the bottles are labeled.

Mandatory Information for Wine Labels: (See Labeling PowerPoint in Resources Section for additional detail). Though it is acceptable to use only one label that contains all mandatory information, TTB assumes you have at least 2 labels on your wine and distinguishes which information needs to be on the brand label, and which information can be on either label. The brand label is whichever label has all the required brand label information on it, and very often is what the producer considers the “back label.” For COLA purposes, whichever label is not the brand label is the back label

Mandatory Information for Domestic Wine Labels:

MUST APPEAR ON THE BRAND LABEL (all information below must be on a single label)

• Brand name
• Class/Type (i.e. Red Wine, Chardonnay, Multi-Varietal Designation, White Dessert Wine, Apple Wine)
• Appellation if:
  • Vintage is stated on the label; OR
  • One or more grape varietals are listed on the label

MUST APPEAR ON EITHER LABEL

• Alcohol content
• Bottler’s name and address
• Net contents (if not blown into bottle)
• Sulfite Declaration
• Government Health Warning Statement – This must appear EXACTLY as written below, including bold, spaces, and punctuation.
  • GOVERNMENT WARNING: (1) ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS. (2) CONSUMPTION OF ALCOHOLIC BEVERAGES IMPAIRS YOUR ABILITY TO DRIVE A CAR OR OPERATE MACHINERY, AND MAY CAUSE HEALTH PROBLEMS

Additional detail on each of these items is included in the Resources section.

Formula: If a wine is other than standard wine, as defined in 27 CFR 24.80 (i.e. wine with flavoring added, wine with fruit juice added or wines from different fruits blended after fermentation), the winery must submit the formula to TTB for formula approval before they can submit for COLA approval. Formulas are also submitted through the TTB Online system, although you have to request that your COLA registration be extended to allow you to submit formulas through the system prior to making any formula submissions. There are only a few formula specialists and formula approval for wines can take upwards of 90 days, so allow sufficient time for a formula and COLA to be approved prior to bottling. Actual processing times for Formulas can be found here. Upon approval of a formula, the class/type as it MUST appear on your label will be provided for products over 7 percent alcohol, along with a formula ID number, which you’ll enter into your COLA application. If your product is under 7 percent alcohol and does not require a COLA, this does not negate the need for a formula if one is required based on the above listed federal code.

A confounding part of the formula process is that what TTB designates as your class/type may restrict your ability to use other language on your label. For instance, if you added raspberry juice to a chardonnay, you would need to get formula approval prior to COLA submission. The Class/Type designation assigned through this process might be “Grape wine with natural Flavor Added”. If that is the designation, there can be NO reference to Chardonnay on the label at all, even in the non-mandatory descriptive language.

Exemption from COLA: If the wine is going to be sold only in a single state, you can apply for an Exemption from COLA instead of a COLA. Since the wine will not enter into interstate commerce, the labeling requirements are relaxed. The application process is the same for a COLA and an Exemption from COLA, but you have to indicate in the application that you’re applying for an Exemption, and that the wine will only be available for sale in a single state, and name that state. Your label will also have to include language “Only for Sale in Virginia” in order to be eligible for the Exemption from COLA. While this limits your distribution options for the wine, it is a workaround for the limitations in the formula approval process, or if you want to be able to discuss origin of fruit but the % of fruit in the wine doesn’t meet the requirements for including an appellation on the label.

AVAs: American Viticultural Areas (“AVAs”) are wine-growing regions approved by the TTB as having unique properties that contribute to distinct or unique qualities in the wines produced in those regions. AVAs are established or expanded through submission of a petition to TTB. There are 8 AVAs in Virginia: Virginia’s Eastern Shore, North Fork of Roanoke, Northern Neck George Washington Birthplace, Rocky Knob, Shenandoah Valley, Monticello, Middleburg Virginia, and Appalachian High Country (shared with portions of NC and TN). When used on a label, the official name listed above must be used. For example, a label using the AVA as the appellation must read, “Northern Neck George Washington Birthplace,” not “Northern Neck.”

Private Label Template Submission: For wineries and farm wineries that want to be able to private label wines for weddings, corporate events, etc., there is a process in place by which you submit one set of labels for COLA approval, and in the submission, you note that “This label will be used as a template for private labels going forward.” When that COLA is approved, it will have that notation on it, and you can keep all the approved, mandatory information in place and change out graphics and private messages on future labels without needing to obtain a new COLA.

Label Revisions after Approval: As of July 1, 2012, a number of changes can be made to labels without needing a new COLA. The full list of the new allowable changes and examples of acceptable changes can be found here. A copy of the list of allowable changes as well as an example of a label with allowable changes is in the Resources section. The most common questions regarding permissible label revisions are:

• Language Changes: As a rule of thumb for language on labels, you can DELETE fanciful names or non-mandatory language without needing a new COLA, but if you change or add a fanciful name or discretionary language, you WILL need to get a new COLA except in a few instances.
• Change of Alcohol Percentage: A change in alcohol %, even across tax classes, does not require a new COLA so long as it doesn’t change the class/type of the wine. As a result, I’m recommending that clients use the generic “red wine” etc. instead of “red table wine” or “dessert wine”, which indicate an alcohol %, on their labels so they can take advantage of this change. NOTE, however, that while you may not need a new COLA in this situation, your labels still have to have an accurate alc % on them, within the permitted tolerances of 1.5% for wines below 14% and 1% for wines above 14%.
• Appellation Change: If the stated appellation of your wine changes, usually due to the origin of the fruit used in the wine, you will need a new COLA.
• Change in Stated Varietals Used in a Blend: If the stated varietals in your blend change, you will need a new COLA. This only applies if you have listed multiple varietals as your stated class/type on the label; if you do not state the specific varietals on your label, instead calling it a “Red Wine”, this rule is inapplicable. It’s also important to note that you don’t need a new COLA or product registration if it is just the % of the stated varietals that change. For example, if the label on your red blend originally stated that the wine was: 40% CS, 40% Merlot, 10% CF, and 10% PV, and this year’s vintage is made up of: 40% CS, 25% Merlot, 25% CF, and 10% PV, you don’t need a new COLA or a new product registration. If your new blend is made up of 40% CS, 40% Merlot, 10% CF, and 10% Norton, it’s considered a new product, and will need both a new COLA and a label revision at the state level. See additional notes on blending, below.
• Additionally, TTB has determined that the alcohol percentage can now appear on either label, and that a new COLA will not be required to move the alcohol content from one label to another.

Specific Labeling Issues:

• Multi- varietal blends: You have to have a class/type on your wine in order to get a COLA. For your traditional wines, that can be as simple as “Red Wine,” “White Wine,” or “Rose Wine”. You can use a varietal as your class/type (“Chardonnay”) if at least 75% of the fruit in the wine is that varietal; you would not need to detail the remainder of the fruit in the wine. NOTE that all of that 75% has to come from the stated appellation. If you have a multi-varietal wine and mention any of the varietals, even in the description on the label, you will have to set all the varietals out in a separate space or in bold print if included within your descriptive text as your class/type.You must also list the %s for each varietal, and the %s must add up to 100%.
• Multiple Appellations: Appellation is only required if you state a vintage or a varietal as class/type on the label. If you use an appellation, the following rules apply. If you use an AVA appellation, at least 85% of the fruit in that wine has to come from the AVA. If you use an appellation other than an AVA, at least 75% of the fruit has to come from that appellation. If you can’t meet these thresholds, you will either (1) have to go to a larger appellation (Virginia or America), or (2) won’t be able to use an appellation on the label, which means you also won’t be able to use either vintage or varietal.
• Multiple Vintages: You can use multiple vintages of wine in a single wine. Listing vintage is not required, but if you do list a vintage, remember that you’ll also have to state appellation. If you’re going to list a vintage on the label of a wine containing multiple vintages, the following rules apply: If the fruit comes from an AVA, 95% of the fruit must come from the stated vintage year. If the fruit is not from an AVA, 85% of the fruit must come from the stated vintage year. Unlike multiple varietals, you do NOT have to list the %s for each vintage, but if you list the %s for any of the vintage years, you need to list the % for all.
• Use of the Term “Estate Bottled” on a label. 27 CFR 4.26. The term “Estate bottled” may be used on a label only if the bottling winery is located within an AVA, and the wine is 100% grown, produced, and bottled on site. If the bottling winery is outside an AVA, or the wine at any point left the premise of the bottling winery, the term “Estate bottled” may NOT be used on the label. There is rulemaking underway to expand these limitations to include the term “estate grown” “estate produced” and “estate harvested” as well.
• Use of “Farm” “Vineyard”, “Ranch” or “Orchard” on a label. The issue was raised that when any of the terms “farm”, “vineyard”, “ranch” or “orchard” are used on a wine label, 95% of the fruit in that bottle must come from that farm, vineyard, ranch, or orchard. While this regulation is not strictly enforced, and proposed rulemaking changing this rule and underway, this does still remain the law at this point.
  The rule in question (27 CFR 4.39m) was written about 75 years ago. In late 2008, TTB loosened enforcement on this rule and a number of others that are antiquated while they go through the process of updating the labeling rules to better reflect the realities of winemaking in the 21st century. The rule was originally put in place with a “truth in advertising” mentality, meaning that the consumer has the right to expect that if the label says the product is from a specific ranch, farm, vineyard, or orchard that the fruit is actually from that location. But, as the number of wineries grows and product becomes more readily available to people far from the actual vineyards from which the fruit is coming, the importance of these terms has diminished. Terms like “estate grown” have replaced these terms in protecting the consumers. If you don’t grow your own fruit, avoid using these terms on your labels, but if you are a farm, orchard, vineyard, or ranch and use that term on your labels, it’s not going to be an issue if less than 95% of the fruit in a particular wine is grown on site. The regulation change process is drawn out at both the federal and state levels, and the actual changes won’t happen overnight, but they are not looking for violations of this regulation.
• Nutritional Information: On May 28, 2013, TTB issued a ruling (Ruling 2013-2) allowing for voluntary labeling of serving facts and nutritional information on alcohol beverage labels.
  The ruling allows “serving facts” statements that include the serving size, the number of servings per container, the number of calories, and the number of grams of carbohydrates, protein, and fat per serving. Additionally, serving facts statements may include information about the alcohol content of the product, as a percentage of alcohol by volume, and may include a statement of the fluid ounces of pure ethyl alcohol per serving. Industry members will not need to apply for new Certificate of Label Approval (COLA) to add a serving facts statement if it conforms to the examples contained in the ruling.
  For wine, the standard serving size for table wine (7-16% alcohol by volume) is 5 ounces. For dessert wine (16-24% alcohol by volume) is 2.5 ounces. This does not mean that the official definition of table wine is now 7-16%. It is still 7-14% alcohol by volume, but the TTB realizes that many wines not considered true dessert wines are now over 14.1% alcohol by volume.
  Calorie, carbohydrate, fat and protein information must also be included with the serving facts information on the panel. All nutritional information must undergo proper laboratory analysis. The voluntary labeling of nutritional information and serving facts information does not preclude any of the other required information on a wine label. If the alcohol content is listed on the serving facts panel, it still must be included on the label for COLA approval.
  This ruling is not the final ruling on serving facts and national information. In 2007, TTB issued a notice of proposed rulemaking that would make serving facts and nutritional information a requirement on all alcohol beverage labels. That proposed rulemaking is still pending. WineAmerica opposed mandatory serving facts and nutritional labeling when TTB initially proposed it. We do not know when a final ruling will be made on that pending rulemaking.
  To read Ruling 2013-2 and to see examples of allowable serving facts panels please go here.
• Package Size: TTB does dictate the sizes of wine bottles/cans/packages that you may use for products intended for interstate commerce. Recently the list of allowable sizes was expanded to include 355 mL, 250 mL, and 200 mL packages. If you are planning to ship your product outside of the state and need a COLA (vs an exemption from COLA), then you will need to comply with the net contents regulations listed in 27 CFR 4.72.
• Cider: As of 2017, apple or pear ciders with up to 8.5% alcohol but no more than .64 grams CO2 per 100 mL are categorized as hard cider for for tax purposes, thought they may not be able to be labled “cider” or “perry” if over .392 grams CO2 per 100 mL. Wines taxed at teh hard cider rate should have the following notation on their label: “Tax calss 5041(b)(6).” See 27 CFR 24.257 for additional information on labeling cider/perry, and CFR 24.331 for additional information on which products classify as ciders/perry and which must be labeled and/or taxed as wine.

VIRGINIA PRODUCT REGISTRATION:

Upon receipt of your COLA or exemption from COLA, you will need to apply for product registration in Virginia. This process takes approximately a week. The fee is $30/product. You can either register your products online or on paper. Either way, you will need to submit the following information to ABC to register your products:

• Copy of approved COLA or exemption from COLA
• Complete set of either original labels or pdf copies of the labels on a single page.
• $30 fee per product to be registered
• Franchise Designation Form (em>see below)

Virginia is not a size-specific state, which means that you do not need to separately register each size of the same product. Once a single size is approved, the code assigned will apply to all sizes of that product.

The Franchise Designation Form is the standard product approval form, and issued by all types of licensees for registering products. The form is a bit of a misnomer as applied to wineries, but still must be used. The form needs to be submitted the first time you submit a particular brand, or if you’re amending your distributor information for that brand. After the brand is registered, and if there are no changes to distributor appointment, you need to just note in the cover letter that the brand has previously been registered, and don’t have to re-attach the Franchise Designation Form.

To complete these forms, the “Brand Owner” is considered to be the entity who is named as the producer or bottler on the back label. If the wine was made for you by someone else and their name is on the back label and on the COLA as the bottler, you should also submit a Bottler’s Statement, signed by the company who produced the wine, stating that the wine was made for you, and giving you permission to use their COLAs and register the products. A sample Bottler’s Statement is in the Appendix, here: Sample Bottlers Statement and additional information regarding VA product registration, including copies of Attachments A & B, can be found in Resources.

ABC will NOT require label revision submissions and fees for those changes permissible without obtaining a new COLA. That means vintage changes, alcohol % changes, etc. do not require re-registration. Specifically note, though, that if the appellation changes or you change the stated varietals in a wine, it’s considered a new product, and will need both a new COLA and a label revision at the state level.