The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 205(e) authorizes the Secretary of the Treasury to issue regulations regarding the labeling of distilled spirits products to prevent consumer deception, to provide the consumer with adequate information as to the identity and quality of such products, and to require a statement of composition in certain cases of distilled spirits produced by blending or rectification or if neutral spirits were used in the productâs production. In addition, the Internal Revenue Code (IRC) at 26 U.S.C. 5222(c), 5223, and 5232, authorizes the Secretary of the Treasury to issue regulations regarding the removal and addition of extraneous substances to distilling materials or the redistillation of domestic and imported spirits. Under those authorities, the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations in 27 CFR parts 5, 19, and 26 require proprietors to obtain TTB approval of formulas for distilled spirits products when operations such as blending, mixing, purifying, refining, compounding, or treating, change the character, composition, class, or type of the spirits. Most respondents now use TTB's Formulas Online (FONL) online system, or its paper equivalent, TTB F 5100.51, to file such formulas, but TTB continues to allow respondents to file distilled spirits formulas using the legacy form, TTB F 5110.38, which is approved under this control number. Respondents use this form to list ingredients, and, in some cases, the process used to produce the product. TTB uses the collected information to determine if a distilled spirits product meets the applicable statutory and regulatory requirements.
There are no program changes associated with this collection. However, due to a change in agency estimates resulting from improved accounting for the number of TTB F 5110.38 forms submitted, TTB is increasing the number of annual respondents and responses to this information collection, from 30 to 50. This increase results in an increase in the estimated total annual burden for this information collection, from 30 hours to 50 hours. (The per-respondent burden of 1 hour remains unchanged.) On form TTB F 5110.38, TTB is correcting typographical errors in the formâs instructions and in its Paperwork Reduction Act Notice, and TTB also adding a reference in that notice to 27 U.S.C. 205(e) as TTBâs legal authority to collect the required information. These changes are non-significant and do not affect the information collected or the collectionâs estimated annual burden.
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.
Form TTB F 5110.38 Formula for Distilled Spirits Under the Federal Alcohol Administration Act
1513-0046 Supporting Statement (08-2019).doc
Formula for Distilled Spirits Under the Federal Alcohol Administration Act