Brand Labeling on Bottles

Brand Label Registration

Brand Label Registration
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Overview

All alcoholic beverages sold in New York must have an approved brand label affixed or imprinted upon the container.  That brand label must be registered with and approved by the Authority.

Brand Label Registration is required for all liquor, beer, wine products, and wine specialties sold in NY. It is also required for wines containing 7% alcohol or less. While wine over 7% alcohol does not require registration, it does require submission of an appointment letter and Federal label approvals.

The purpose of Brand Label Registration is to ensure that products sold in New York comply with both State and Federal labeling regulations and that the product in the container is safe for public consumption.  Further, Brand Label Registrations ensure that no deceptive health claims are present on the label.

Manufacturers, wholesalers and retailers are subject to disciplinary action for advertising or offering for sale any alcoholic beverage that does not have an approved brand label.

 

Required Information on Brand Labels

Brand labels must contain:

  • The brand or trade name;
  • The class and type of alcoholic beverage;
  • The net contents of the container; and
  • All other labeling information required by TTB.

Brand labels may not contain:

  • Any false or untrue statement;
  • Any statement disparaging of a competitor's product;
  • Any statement, design, device or representation that may mislead a consumer; or
  • Any statement or claim that the product has any health benefits.

Separate Brand Label Approval

A separate brand label registration is required when there is a difference in: the brand or trade name; or the class or type of alcoholic beverage. A separate brand label registration is also required when a “private brand label” is being placed on the container. A “separate brand label registration” requires a separate application and fee.

A brand name includes any statement regarding: flavor description; vintage; age; and geographic designation or appellation. Any difference of these items creates a separate brand label requiring separate registration and approval, with the exception of the following:

  • Cordial and liqueur brand names that differ only with respect to flavor description;
  • Wine brand names that differ only with respect to vintage year;
  • Gin brand names that differ only with respect to the addition of the designation "dry"; and
  • Rum brand names that differ only with respect to the addition of the designation "white," "light," "dark," "gold" or "silver."

The placement of stickers bearing the words "Direct," "Reserve" or similar permutations on bottles or cases does not create a separate brand or trade name.

Beer brand names that differ only with respect to the use of the designation "beer" or "lager beer" do not constitute separate brand names.

Small Batch Fee Exemptions

Liquor, beer and cider produced in small batches are exempt from the brand label registration fee.

Small batches mean:

  • For liquor, 1,000 gallons or less; and
  • For beer and cider, 1,500 barrels or less.

While there is a fee exemption, an application for registration of the brand label must still be filed and approved.

The fee exemption applies to product under the same state brand label registration number. If the total annual amount manufactured for a product, or products, under one brand label registration number exceeds (or is anticipated to exceed) the limitations stated above, a fee is required.

The total amount manufactured includes not only the amount of product manufactured for sale in New York, but the entire annual amount of the product that is manufactured, regardless of where it will be sold. 

Brand Label Registration Forms

Supporting Documents

  •  

    FDA Nutrition Label Exemption Affirmation

    Fill out this affirmation if you are submitting a label that's been granted exemption from the FDA’s Nutrition Labeling requirements, or for which exemption is not required due to size of production and of production crew.

     

    Download

Active Brand Labels