Records of Things of Value to Retailers, and Occasional Letter Reports from Industry Members Regarding Information on Sponsorships, Advertisements, Promotions, etc., under the FAA Act
ICR 201908-1513-004 · OMB 1513-0077 · Active
⚠️ Notice: This information collection may be outdated. More recent filings for OMB 1513-0077 can be found here:
Records of Things of Value to Retailers, and Occasional Letter Reports from Industry Members Regarding Information on Sponsorships, Advertisements, Promotions, etc., under the FAA Act
Extension without change of a currently approved collection
The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 205 generally prohibits alcohol beverage producers, importers, or wholesalers from offering inducements to alcohol retailersâgiving things of value or conducting certain types of advertisements, promotions, or sponsorshipsâunless such an action is specifically exempted by regulation. Under that FAA Act authority, the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations in 27 CFR Part 6, âTied-House,â describe exceptions to the general FAA Act prohibition on offering inducements to retailers and also describe things that are considered to be âthings of valueâ for purposes of determining whether an inducement has been offered. Among other provisions, those regulations require alcohol beverage industry members to keep records concerning things of value furnished to retailers, identifying the item and the retailer receiving it, along with the industry member's cost and any charges to the retailer for the item. Industry members may use usual and customary business records to satisfy that recordkeeping requirement, and such records must be retained for 3 years, available for TTB inspection. In addition, the part 6 regulations provide that TTB may require, as part of a trade practice investigation, a letterhead report from an alcohol industry member regarding any advertisements, promotions, sponsorships, or other activities conducted by, on behalf of, or benefiting the industry member. This information collection is necessary to detect and prevent unfair trade practices as defined by the FAA Act, and ensure compliance with the Actâs trade practice exceptions and limitations.
US Code:
27 USC 205
Name of Law: Federal Alcohol Administration Act
There are no program changes associated with this information collection. As for adjustments, due to a change in agency estimates resulting from continued growth in the number of alcohol industry members, TTB is increasing the number of annual respondents and responses to the recordkeeping portion of this information collection, from 25,000 to 59,940. However, because the required records are usual and customary records kept during the normal course of business, per the OMB regulations at 5 CFR 1320.3(b)(2), the total annual burden for the recordkeeping collection remains zero. (TTB is removing the 1 hour of annual burden previously reported as a place holder for this usual and customary record collection requirement.) As for adjustments to the reporting portion of this information collection, due to a change in agency estimates resulting from a TTB reevaluation of the time involved in compiling such reports, TTB is increasing the per-response burden for the occasional letterhead reports, from 2 hours per response to 8 hours. This increase results in an increase in the estimated total annual burden for this information collection request from 20 hours to 80. The number of annual respondents to the reporting portion of this collection remains the same at 10.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
1513-0077 Supporting Statement (08-2019).docx
Occasional Letter Reports from Industry Members Regarding Information on Sponsorships, Advertisements, Promotions, etc., under the FAA Act