Export Market Guide

Export Market Guide

United States

November 2019

Cider Australia • Export Market Guide: United States • November 2019 2

Content United States overview 3

Demographics 3

Economics 3

Regulatory Environment 4

Duties and Taxes 4

Cider Standards 9

Labelling 17

Importing 30

Import Certificates 30

Import Procedures 30

Contacts 38

Website Resources 39

Published by Cider Australia

Version 1, 22 November 2019

Disclaimer

Cider Australia does not accept responsibility for the results of any actions taken on the basis of the information contained in this document, nor

for the accuracy, currency or completeness of any material contained in it.

Cider Australia expressly disclaim all and any liability and responsibility to any person in respect of the consequences of anything done in respect of

reliance, whether wholly or in part, upon this document.

Updates

• New November 2019


United States overview The US has the most technologically powerful economy in the world, with a per capita GDP amongst the highest in the

world. The United States is a liberal democracy with a federal political structure comprising 50 states and the District of

Columbia across a land area of 9.3 million square kilometres. Australia and the USA have a close relationship with

similar values and a cultural affinity. This is underpinned by the defence and security alliance between the two

countries. In 2005, the Australia-United States Free Trade Agreement was signed, further strengthening the trade and

investment links.

Demographics (2018 est.)

Population 329,256,465 (July 2018 est.)

Capital city Washington, DC

Language English only 78.2%, Spanish 13.4%, Chinese 1.1%, other 7.3% (2017 est.)

Population growth rate 0.8%

Ethnic groups white 72.4%, black 12.6%, Asian 4.8%, Amerindian and Alaska native 0.9%, native Hawaiian and other Pacific islander 0.2%, other 6.2%, two or more races 2.9% (2010 est.)

Religions Protestant 46.5%, Roman Catholic 20.8%, Mormon 1.6%, Jehovah’s Witness 0.8%, other Christian 0.9%, Jewish 1.7%, Muslim 0.9%, Buddhist 0.7%, Hindu 0.7%, other 1.8%, unaffiliated 22.8% (2014 est.)

Major cities 18.819 million New York-Newark, 12.458 million Los Angeles-Long Beach-Santa Ana, 8.864 million Chicago, 6.115 million Houston, 5.817 million Miami, 5.207 million WASHINGTON, D.C. (capital) (2018)

Source: CIA World Factbook

Economics

Currency US dollar $

Exchange rates (August 2019 AUD $1 = 0.678 USD)

www.xe.com

GDP per capita (PPP) US $59,800 (# 19 in world comparison)

Inflation 2.1%

Unemployment rate 4.4%

Government type Constitution-based federal republic; strong democratic tradition

Ports and harbours Corpus Christi, Duluth, Hampton Roads, Houston, Long Beach, Los Angeles, New Orleans, New York, Philadelphia, Tampa, Texas City

Source: CIA World Factbook

http://www.xe.com/


Regulatory Environment The US alcoholic beverage market is very complex and highly regulated. The Alcohol and Tobacco Tax and Trade Bureau

(TTB) regulate the sale and movement of all alcoholic beverages in the USA. The TTB administer Title 27 – Code of

Federal Regulations. The Food and Drug Administration (FDA) administer the Food, Drug and Cosmetic Act and the

Bioterrorism Act. The US Customs and Border Protection (CBP) regulates the import process.

Some US states treat cider as a malt beverage or beer, however, cider is classified as a wine under the Internal Revenue

Code and Federal Alcohol Administration Act, administered by the TTB. For labelling purposes TTB only regulates cider

with 7% and above abv (alcohol by volume). Cider below 7% abv is administered by the Food and Drug Administration.

The principle laws regulating cider include:

• Internal Revenue Code (TTB)

• Federal Alcohol Administration Act (TTB)

• Alcoholic Beverage Labeling Act (TTB) (cider 7% abv and above)

• Food, Drug and Cosmetic Act (FDA) (cider below 7% abv)

Duties and Taxes The following taxes apply to imported cider:

• Customs Duty

• Federal Excise Tax

• State taxes

The applicable rates of duty depend on the type of product. Ciders are not eligible for the hard cider tax rate if it

contains any fruit product other than apple or pear. A fruit product is any material derived or made from any fruit or

part of a fruit, including but not limited to, concentrates, extracts, juices, powders, or wine spirits. The use of spices,

honey, hops, or pumpkins as a flavouring will not make a wine ineligible for the hard cider tax rate.

Flavoured cider will likely fall into the ‘Other’ category for customs duty (ie, 2206.00.1520). Under the Federal Excise

Tax, flavoured cider will be taxed at the wine, sparkling or artificially carbonated wine rates.

Exporters can obtain official guidance on the appropriate tariff classification for their product from the US International

Trade Commission – www.usitc.gov/tariff_affairs/hts_help

Customs Duty Under the Australia-United States Free Trade Agreement (AUSFTA) customs duty for Australian cider and perry is zero.

AUSFTA entered into force on 1 January 2005. The rate of duty applicable to Australian cider and perry falls under the

‘Special’ category.

Tariff Heading

Description Unit of Quantity

General rate ¢/litre

Special rate*

22.06 Other fermented beverages (for example, cider, perry, mead, saké); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included.

2206.00.15 Cider whether still or sparkling litres 0.4 ¢/litre 0

10 Hard cider as described in statistical note 3 to this chapter**

https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title27/27tab_02.tpl

https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title27/27tab_02.tpl

https://www.usitc.gov/tariff_affairs/hts_help


20 Other

2206.00.60 Other effervescent wine litres 13.9 ¢/litre 0

2206.00.90 Other litres 4.2 ¢/litre 0

Source: United States International Trade Commission

* The Special rate of duty applies to Australian cider

** For the purposes of statistical reporting number 2206.00.1510, ‘hard cider’ refers to a fermented beverage containing not more

than 0.64 grams of carbon dioxide per 100 milliliters, derived from apples, pears or their concentrates, with no other fruit product or flavouring, and

containing greater than 0.5 percent and less than 8.5 percent alcohol by volume. Note, this is a tax classification and not a production or labelling

standard.

Federal Excise Tax All alcoholic beverages, whether produced in the US or imported, are subject to a Federal Excise Tax – 26 USA.C. 5041

(b). The following rates apply:

Alcohol Description Gallon* 750 mL

Wine exceeding 0.5% to not over 16% $1.07 $0.21

Wine exceeding 16% to not over 21% $1.57 $0.31

Wine exceeding 21% to not over 24% $3.15 $0.62

Sparkling Wine/Sparkling Hard Cider $3.40 $0.67

Artificially Carbonated Wine/Artificially Carbonated Hard Cider $3.30 $0.65

Hard Cider $0.226 $0.04

* 1 gallon converts to 3.785411784 litres

To be eligible for the hard cider tax, the product must meet the following conditions:

• The allowable alcohol content is less than (not equal to) 8.5 percent alcohol by volume;

• The allowable carbonation level is less than 0.64 gram of carbon dioxide per hundred millilitres of wine; and

• The use of pears and pear juice concentrate is authorised in wine eligible for the hard cider tax rate.

Artificially carbonated hard cider is a product with CO2 level of more than 0.392 and not more than 0.64 gram of CO2

per 100ml that is artificially injected.

Sparkling hard cider is a product with a CO2 level of more than 0.392 and not more than 0.64 gram of CO2 per 100ml

that is the result of secondary fermentation in a closed container.

Products eligible for the hard cider tax rate cannot contain fruit products or fruit flavours other than apple and pear.

Products that do not meet this criterion (including flavoured cider) will be taxed at the wine, sparkling wine or

artificially carbonated rates outlined in the table above.

The proprietor of the bonded premises who removes the cider from bond for domestic consumption or sale is

responsible for paying the excise tax. Excise taxes are paid 14 days after the close of the tax period, unless filed yearly.

The tax is collected by the TTB.

Excise Tax Reform

Excise tax reforms came into force on 1 January 2018, lowering the tax rate payable and extending the small producer

tax credit to imported wine and cider and sparkling wine. Previously, this was only available to domestic US producers

of still wine (containing less than 0.392 gram of CO2 per 100ml).


Now all producers, including big producers and foreign producers, will be able to claim credits on the first 750,000

gallons of wine or cider produced. Australian exporters will be able to benefit for this credit by allocating the right to

claim those credits to their importer or between their importers as they wish.

Tax on Wine and Cider that is Removed from bonded premises or Imported During Calendar Year 2019:

Tax Class Wine Gallons per Calendar Year

First 30,000 Over 30,000 up to 130,000

Over 130,000 up to 750,000

Over 750,000

16% and under alcohol by volume (0.392g CO2/100mL or less)

$0.07 $0.17 $0.535 $1.07

Over 16 - 21% alcohol by volume (0.392g CO2/100mL or less

$0.57 $0.67 $1.035 $1.57

Over 21 - 24% alcohol by volume (0.392g CO2/100mL or less)

$2.15 $2.25 $2.615 $3.15

Low alcohol by volume wine (No more than 0.64g CO2/100mL; derived primarily from grapes or grape juice concentrate and water; containing no fruit product or fruit flavouring other than grape; and containing less than (not equal to) 8.5% alcohol by volume)

$0.07 $0.17 $0.535 $1.07

Artificially Carbonated (Over 0.392g CO2/100mL - injected or added)

$2.30 $2.40 $2.765 $3.30

Sparkling Wine (Over 0.392g CO2/100mL - naturally occurring)

$2.40 $2.50 $2.865 $3.40

Hard cider (no more than 0.64 g CO2/100mL; derived primarily from apples/pears or apple/pear juice concentrate and water; containing no other fruit product or fruit flavouring other than apple/pear; and containing at least 0.5% and less than (not equal to) 8.5% alc/vol

$0.164 $0.17 $0.193 $0.226

Source: Alcohol and Tobacco Tax and Trade Bureau

The small producer tax credit legislation sunsets at the end of 2019 but with the possibility that the changes will be

made permanent if they prove successful. The TTB has issued guidance on the new tax along with detailed information

on the new tax rates on their website.

Importers will be provided with the opportunity to seek the applicable excise tax relief, on entries made after the law

went into effect, once forthcoming procedures and guidance have been issued.

State Taxes Some states treat cider as a malt beverage or beer while others tax cider at the wine rate. The table below states the

excise tax rates applicable to wine. Exporters should confirm the applicable state tax rate with their importer.

At 1 January 2019

State Excise Tax ($ per gallon)

Sales taxes applied

Other Taxes ($ per gallon)

Alabama 1.70 Yes Local = 0.26; over 16.5% = 9.16

Alaska 2.50 n.a.

Arizona 0.84 Yes Over 24% - $4.00

https://www.ttb.gov/alcohol/craft-beverage-modernization-and-tax-reform.shtml

https://ttb.gov/tax_audit/taxrates.shtml


Arkansas Wine = 0.75 Under 5% = 0.25

Yes 3% off and 10% on premise

California Wine = 0.20 Sparkling = 0.30

Yes

Colorado 0.28 Yes

Connecticut Wine = 0.72 Sparkling = 1.80

Yes Over 21% = 1.80

Delaware 1.63 n.a.

Florida Wine = 2.25 Sparkling = 3.50

Yes Over 17.259% = 3.00

Georgia 1.51 Yes Over 14% = 2.54; $0.83 local tax

Hawaii Wine = 1.38 Sparkling = 2.12

Yes Wine coolers = 0.85

Idaho 0.45 Yes

Illinois 1.39 Yes Over 20% = 8.55; (Cook County: wine up to 14% = 0.24; wine over 14% but less than 20% = 0.45) (Chicago: wine = 0.36; wine over 14% but less than 20% = 0.89)

Indiana 0.47 Yes Over 21% = 2.68

Iowa Wine = 1.75 Under 5% = 0.19

Yes

Kansas 0.30 Yes Over 14% = 0.75; 8% liquor enforcement tax on off-premises sales

Kentucky 0.50 Yes 6% sales tax on off-premises sales / 10% wholesale tax

Louisiana Wine = 0.76 Sparkling = 2.08

Yes Over 14% to 24% = 1.33; over 24% = 2.08 (City of New Orleans: still wine under 14% = 0.05; still wine 14%-24% = 0.10; sparkling wine = 0.40)

Maine Wine = 0.60 Sparkling = 1.24

Yes Over 15.5% = 1.25. Control state for wine products over 15.5% (such products subject to mark-up)

Maryland 0.40 -- 9% sales tax

Massachusetts Wine = 0.55 Sparkling = 0.70

No

Michigan 0.51 Yes Over 16% = 0.76

Minnesota Wine = 0.30 Sparkling = 1.82

--

Over 14% - 21% = 0.95; over 21% - 24% = 1.82; over 24% = 3.52. 0.01/bottle tax (except miniatures). The 6.875% general sales tax rate and 2.5% liquor gross receipts tax apply to alcoholic beverages sold at on-sale or off-sale premises

Mississippi Wine = 0.35 Sparkling = 1.00

Yes Control state, wine products subject to mark-up

Missouri 0.42 Yes

Montana 1.06 n.a. Control state for wine over 16%, products subject to mark-up

Nebraska 0.95 Yes

Nevada 0.70 Yes Over 14% to 22% = 1.30; over 22% = 3.60

New Hampshire 0.30 n.a. Control state, wine products subject to mark-up

New Jersey 0.88 Yes

New Mexico 1.70 Yes

New York Cider: 0.0379 Wine: 0.30

Yes • 3.2% ABV or less = not subject to tax

• More than 3.2% but not more than 8.5% ABV = taxed as cider • More than 8.5% but not more than 24% ABV = taxed as wine


North Carolina 0.99 Yes Over 17% = 1.11

North Dakota 0.50 Yes Over 17% = 0.60; 7% gross receipts tax on retail sales for on or off premise consumption

Ohio Wine = 0.32 Sparkling = 1.50

Yes Over 14% = 1.00 (Cuyahoga Country: wine = 0.32)

Oklahoma Wine = 0.72 Sparkling = 2.08

Yes

Oregon 0.67 n.a. Over 14% = 0.77

Pennsylvania Yes Control state. All wines sales are through state stores. Products subject to 18% mark-up plus $2.50 per gallon excise on direct-to-consumer wine shipments.

Rhode Island Wine = 1.40 Sparkling = 0.75

No

South Carolina 0.90 Yes $0.18 additional tax

South Dakota Wine = 0.93 Sparkling = 2.07

Yes Over 14% - 20% = 1.45; over 20% - 24% = 2.07. Additional 2% occupational wholesale tax

Tennessee 1.21 Yes

Texas Wine = 0.20 Sparkling = 0.52

Yes Over 14% = 0.41

Utah Yes Control state, wine products subject to mark-up

Vermont 0.55 Yes Control state for wine over 16%, such wine products subject to mark-up

Virginia Wine = 1.51 Under 4% = 0.26

Yes

Washington 0.87 Yes Fortified wine = 1.72

West Virginia 1.00 Yes State and local sales tax; 5% municipal liquor tax

Wisconsin 0.25 Yes Over 14% = 0.45

Wyoming 0.28 Yes Control state, wine products subject to mark-up

Dist. of Columbia Wine = 0.30 Sparkling = 0.45

-- The on-premise alcohol sales tax rate is 10% and the off premises alcohol sales tax rate is 10.25%

Source: Federation of Tax Administrators and Wine Institute

n.a. = not applicable. These 5 states do not have a general sales tax.


Cider Standards Cider standards are based on the US Code of Federal Regulations Title 27, Vol 1, Part 24. Note that in the CFR the term

wine is used to describe products derived from both grapes and other fruits.

GMP or Good Manufacturing Practice is defined in CFR Title 21, Part 182 to include the following restrictions:

1. The quantity of a substance added to food does not exceed the amount reasonably required to accomplish its intended physical, nutritional, or other technical effect in food; and

2. The quantity of a substance that becomes a component of food as a result of its use in the manufacturing, processing, or packaging of food, and which is not intended to accomplish any physical or other technical effect in the food itself, shall be reduced to the extent reasonably possible.

3. The substance is of appropriate food grade and is prepared and handled as a food ingredient.

Cidermaking practice Specification Maximum

Function Application Scope

Alcohol by volume • Hard cider • Sparkling hard cider

• Artificially carbonated hard cider • Wine speciality (includes flavoured

cider)

0.5% to less than 8.5% 0.5% to less than 8.5% 0.5% to less than 8.5% Less than 24%

Carbon dioxide*

• Hard cider

• Sparkling hard cider • Artificially carbonated hard cider

0.392 g/100 mL 0.392 to less than 0.64 g/100 mL 0.392 to less than 0.64 g/100 mL

Amelioration Any natural fruit or berry wine may be ameliorated to correct high acid content

In producing natural wine from juice having a fixed acid level exceeding 5.0 grams per liter, the winemaker may adjust the fixed acid level by adding ameliorating material (water, sugar, or a combination of both) before, during and after fermentation. The fixed acid level of the juice is determined prior to fermentation and is calculated as malic acid for apples, and citric acid for other fruit. Each 20 gallons of ameliorating material added to 1,000 gallons of juice or wine will reduce the fixed acid level of the juice or wine by 0.1 gram per liter (the fixed acid level of the juice or wine may not be less than 5.0 gram per liter after the addition of ameliorating material)

Chaptalization (Brix adjustment) The addition of sugar or concentrated juice of the same kind of fruit to juice before or during fermentation to develop alcohol by fermentation

In producing natural fruit wine from juice having a low sugar content, sugar, or concentrated juice of the same kind of fruit may be added before or during fermentation to develop alcohol. The quantity of sugar or concentrated juice added may not raise the original density of the juice above 25 degrees Brix. If fruit juice or fruit wine is ameliorated after chaptalization, pure dry sugar added is not considered as ameliorating material. However, if fruit juice or fruit wine is ameliorated after chaptalization and liquid

https://www.law.cornell.edu/cfr/text/27/24.178






sugar or invert sugar syrup is used to chaptalize the fruit juice, the volume of water contained in the liquid sugar or invert sugar syrup will be included as ameliorating material

Sweetening The addition of juice, concentrated juice or sugar to wine after the completion of fermentation and before taxpayment

Any natural fruit wine of a winemaker's own production may have sugar added after amelioration and fermentation provided the finished wine does not exceed 21% total solids by weight and the alcohol content is not more than 14% by volume

Invert sugar syrup A substantially colourless solution of invert sugar which has been prepared by recognized methods of inversion from pure dry sugar and contains not less than 60% sugar by weight (60 degrees Brix)

See Chaptalization and Sweetening

Liquid sugar A substantially colourless refined sugar and water solution containing not less than the equivalent of 60% pure dry sugar by weight (60 degrees Brix)

Pure dry sugar or liquid sugar may be used in the production of wines for the purpose of correcting natural deficiencies, but not to such an extent as would reduce the natural fixed acid in the corrected juice or wine to five parts per thousand. The quantity of sugar so used shall not exceed the quantity which would have been required to adjust the juice, prior to fermentation, to a total solids content of 25 degrees (Brix). Such sugar shall be added prior to the completion of fermentation of the wine. After such addition of the sugar, the wine or juice shall be treated and accounted for, covering the production of high acid grape wines, except that— (a) Natural fixed acid shall be calculated as malic acid for apple wine and as citric acid for other fruit and berry wines, instead of tartaric acid; (b) Juice adjusted with pure dry sugar or liquid sugar shall be treated in the same manner as original natural juice; except that if liquid sugar is used, the volume of water contained therein must be deducted from the volume of ameliorating material authorized; (c) Wines shall have a total solids content of not more than 21% by weight, whether or not wine spirits have been added; and (d) Wines made exclusively from any fruit or berry with a natural fixed acid of 20 parts per thousand or more (before any correction of such fruit or berry) shall be entitled to a volume of ameliorating material not in excess of 60 percent (in lieu of 35 percent).

Pure dry sugar Refined sugar 95% or more by weight dry, having a dextrose equivalent of not less than 95% on a dry basis, and produced from cane, beets, or fruit, or from grain or other sources of starch.

Activated carbon Remove colour from juice or wine; to assist precipitation during fermentation; to clarify and to purify

3.0 g/L

https://www.law.cornell.edu/uscode/text/26/5384

https://www.law.cornell.edu/uscode/text/26/5384


Inert fibres Filtering aids in cellar treatment and finishing

GMP

Pulps Filtering aids in cellar treatment and finishing

GMP

Earths Filtering aids in cellar treatment and finishing

GMP

Agar-agar Inert filtering and clarifying aid GMP

Carrageenan Inert filtering and clarifying aid GMP

Cellulose Inert filtering and clarifying aid GMP

Diatomaceous earth Inert filtering and clarifying aid GMP

Citric acid Stabilizer for standard wine; to correct natural acid deficiencies

0.7 g/L

Acacia (gum Arabic) To clarify and stabilize 0.24 g/L

Acetaldehyde For color stabilization of juice prior to concentration.

300 ppm (no detectable level in finished wine)

Albumen (egg white) Fining agent May be prepared in a light brine 1 oz. (28.35 grams) potassium chloride, 2 lbs (907.2 grams) egg white, 1 gal. (3.785 L) of water. Usage not to exceed 1.5 gals. of solution per 1,000 gals. of wine.

Alumino-silicates (hydrated) e.g. Bentonite (Wyoming clay) and Kaolin

To clarify and to stabilize wine or juice.

GMP

Ammonium phosphate (mono- and di basic) To start secondary fermentation in the production of sparkling wine or sparkling hard cider.

0.96 g/L

Ascorbic acid iso-ascorbic acid (erythorbic acid) To prevent oxidation of color and flavour components of juice and wine.

May be added to fruit, and other primary wine making materials, or to the juice of such materials, or to the wine, within limitations which do not alter the class or type of the wine

Calcium carbonate (with or without calcium salts of tartaric and malic acids)

To reduce the excess natural acids in high acid wine, and in juice prior to or during fermentation; a fining agent for cold stabilization

The natural or fixed acids shall not be reduced below 5 g/L; The amount used shall not exceed 3.59 g/L of wine

Calcium pantothenate Yeast nutrient to facilitate fermentation of apple wine

45.35 g/94,635 litres

Casein, potassium salt of casein To clarify wine GMP

Copper sulfate To remove hydrogen sulfide and/or mercaptans

6.0 mg/L (calculated as copper) (residual level of copper must not exceed 0.5 mg/L)

Defoaming agents (polyoxyethylene 40 monostearate, silicon dioxide, dimethylpoly-siloxane, sorbitan monostearate, glyceryl mono-oleate and glyceryl dioleate)

To control foaming, fermentation adjunct.

Defoaming agents which are 100% active may be used in amounts not exceeding 0.018 g/L of wine. Defoaming agents which are 30% active may be used in amounts not exceeding 0.06 g/L of wine. Silicon dioxide shall be completely removed by filtration. The amount of silicon remaining in the wine shall not exceed 10 ppm

Dimethyl dicarbonate To sterilize and to stabilize wine 200 ppm

Enzymatic activity


• Carbohydrase (alpha-Amylase)

• Carbohydrase (beta-Amylase)

• Carbohydrase (Glucoamylase, Amyloglucosidase)

• Carbohydrase (pectinase, cellulase, hemicellulose)

• Catalase

• Cellulase • Cellulase beta-glucanase)

• Glucose oxidase • Lysozyme

• Pectinase

• Protease

• Protease (Bromelin) • Protease (Ficin) • Protease (Papain)

• Protease (Pepsin)

• Protease (Trypsin)

• Urease

• To convert starches to fermentable carbohydrates

• To facilitate separation of juice from fruit

• To clarify and stabilise

• To clarify and stabilise and facilitate separation of juice from fruit

• To clarify and filter

• To clarify and stabilise • To stabilise from malolactic acid

bacterial degradation • To clarify and stabilise and

facilitate separation of juice from fruit

• To reduce or remove heat labile proteins

• To reduce levels of naturally occurring urea and to prevent formation of ethyl carbamate

• Derived from Aspergillus niger, Aspergillus oryzae, Bacillus subtilis or barley malt

• Derived from barley malt

• Derived from Aspergillus niger, Aspergillus oryzae, Rhizopus oryzae, Rhizopus niveus

• Derived from Aspergillus aculeatus • Derived from Aspergillus niger or

bovine liver • Derived from Aspergillus niger

• Derived from Tricoderma longibrachiatum – up to 3 g/hl

• Derived from Aspergillus niger • 500 mg/L

• Derived from Aspergillus niger • Derived from Aspergillus niger,

Bacillus subtilis or Bacillus licheniformis

• Derived from Ananus comosus, Ananus bracteatus (L)

• Derived from Ficus spp • Derived from Carica papaya (L) • Derived from porcine or bovine

stomachs • Derived from porcine or bovine

pancreas • Derived from Lactobacillus

fermentum – up to 200 mg/L; filtered prior to packaging

Ethyl maltol To stabilize 100mg/L

Ferrocyanide compounds (sequestered complexes)

To remove trace metal from wine and to remove objectionable levels of sulfide and mercaptans from wine.

No insoluble or soluble residue in excess of 1ppm

Ferrous sulfate To clarify and to stabilize 0.022 g/L

Fumaric acid To stabilize Fumaric acid content in finished wine must not exceed 3.0 g/L

Gelatin (food grade) To clarify juice or wine GMP

Granular cork To smooth wine 1.2 g/L

Isinglass To clarify wine GMP

Malic acid To correct natural acid deficiencies in juice or wine

GMP

Maltol To stabilize wine 250 mg/L

Milk products (pasteurized whole, skim, or half-and-half)

To remove off flavours in wine 10 liters of pasteurized milk products per 1,000 liters (1 % V/V) of wine


Nitrogen gas To maintain pressure during filtering and bottling or canning of wine and to prevent oxidation of wine

GMP

Oak chips or particles, uncharred and untreated To smooth wine GMP

Oxygen and compressed air May be used in juice and wine No limit

Polyvinyl-polypyrrolidone (PVPP) To clarify and to stabilize wine

7.19 g/L (must be removed during filtration)

Potassium carbonate and/or potassium bicarbonate

To reduce excess natural acidity in wine, and in juice prior to or during fermentation

The natural or fixed acids shall not be reduced below 5 g/L

Potassium meta-bisulfite To sterilize and to preserve wine 350 ppm as sulfur dioxide

Silica gel (colloidal silicon dioxide) To clarify wine or juice 2.4 g/L colloidal silicon dioxide. Silicon dioxide must be completely removed by filtration

Sorbic acid and potassium salt of sorbic acid To sterilize and to preserve wine; to inhibit mold growth and secondary fermentation

300 mg/L

Soy flour (defatted) Yeast nutrient to facilitate fermentation of wine

0.24 g/L

Sulfur dioxide To sterilize and to preserve wine 350 ppm

Tannin To adjust tannin content in apple juice or in apple wine

The residual amount of tannin shall not exceed 3.0 g/L, calculated as gallic acid equivalents. Total tannin shall not be increased by more than 150 mg/L by the addition of tannic acid (polygalloylglucose).

Thiamine hydrochloride Yeast nutrient to facilitate fermentation of wine

0.6 mg/L

Yeast, autolyzed Yeast nutrient to facilitate fermentation in the production of grape or fruit wine

GMP

Yeast, cell wall/membranes of autolyzed yeast To facilitate fermentation of juice/wine

0.36 g/L

* The tolerance for carbon dioxide is 0.009 gm/100 mL where the excess is due to mechanical variations that cannot be completely controlled under

good commercial practice.

Notes:

• Wine is not eligible for the hard cider tax rate if it contains any fruit product other than apple or pear. A fruit product is any material derived or made from any fruit or part of a fruit, including but not limited to, concentrates, extracts, juices, powders, or wine spirits.

• An authorized wine treating material that is derived from a fruit other than apple or pear may be used in the production of wine otherwise eligible for the hard cider tax rate if it is used for a purpose other than flavouring and it is either used in accordance with the wine treating materials provisions (if used in a natural wine), or used in amounts insufficient to impart a fruit flavour other than apple or pear (if used in a special natural wine or other than standard wine). In determining whether the use of wine treating materials derived from a fruit other than apple or pear is for a purpose other than flavouring, TTB will consider such factors as the labelling and advertising of the product. Any written or pictorial reference to a material derived from a fruit other than apple or pear (other than the inclusion of a wine treating material in an ingredient labelling statement) in the labelling or advertising of a wine will be treated as evidence that the wine treating material was added for the purpose of flavouring the wine.

• Flavourings: Wine is not eligible for the hard cider tax rate if it contains any fruit flavouring other than apple or pear. For purposes of this section, a fruit flavouring other than apple or pear is any flavouring that imparts the flavour of a fruit other than apple or pear and includes a natural fruit flavour, an artificial fruit flavour, and a natural flavour that artificially imparts the flavour of a fruit that is not contained in that flavour. In determining whether the use of a flavouring imparts the flavour of a fruit other than apple or pear, TTB will consider such factors as the labelling and advertising of the product.


Any written or pictorial reference to a fruit flavour other than apple or pear in the labelling or advertising of a wine that contains a flavouring will be treated as evidence that the wine contains a flavouring that imparts a fruit flavour other than apple or pear and thus the wine is not eligible for the hard cider tax rate. The use of spices, honey, hops, or pumpkins as a flavouring will not make a wine ineligible for the hard cider tax rate.

Processes authorised for treatment of wine, juice and distilling material

Processes Specification References or Limitation

Function Limitation

Electrodialysis To aid in the removal of tartrates -

Elimination of sulphur dioxide by physical process

To reduce the sulphur dioxide content of juice

Use of physical process to remove sulphur dioxide from juice must not alter the basic character of the juice

Ion exchange Various applications Anion, cation, and non-ionic resins may be used in batch or continuous column processes provided the treatment: • Does not alter the fruit character of juice/wine

• Does not reduce the colour to less than that normally contained in such juice or wine

• Does not increase inorganic anions by more than 10 mg/L

• Does not reduce the metallic cation concentration to less than 300 mg/L

• Does not reduce natural or fixed acid below 2.5 g/L for other wines

• Does not reduce the pH to less than pH 2.8 nor increase the pH to more than pH 4.5

• Resins must not impart any material or characteristic which may be prohibited. Winemaker may employ conditioning and/or regenerating agents consisting of water, fruit acids common to the wine or juice, and inorganic acids, salts and/or bases provided the conditioned resin is rinsed with water

Metal reducing matrix sheet processing

To reduce the level of metals such as copper and iron

1) The active ingredient, polyvinylimidazol, must not constitute more than 40% by weight of the sheet. 2) Use of the sheet must not significantly alter the colour of the wine

Nanofiltration To reduce the level of volatile acidity in wine (used with ion exchange)

Must use permeable membranes which are selective for molecules not greater than 150 molecular weight with transmembrane pressures of 250 psi or less.

Osmotic transport1 For alcohol reduction None of the stripping solution may migrate into the wine.

Reverse osmosis1 To reduce the ethyl alcohol content of wine and to remove off flavours in wine

Permeable membranes which are selective for molecules not greater than 500 molecular weight with transmembrane pressures of 200 psi and greater. The addition of water other than that originally present prior to processing will render standard wine ‘other than standard.’ Use shall not alter vinous character.

Spinning cone column1 To reduce the ethyl alcohol content of wine and to remove off flavours in wine

For standard wine, the same amount of essence must be added back to any lot of wine as was originally removed.

Sulphide reducing matrix sheet processing

To reduce the level of sulphides in wine

1) The active ingredient, polyvinylimidazol, must not constitute more than 40% by weight of the sheet. 2) Use of the sheet must not significantly alter the colour of the wine.


Thermal gradient processing To separate wine into low alcohol and high alcohol wine fractions

The fractions derived from such processing shall retain vinous character. Such treatment shall not increase the alcohol content of the high alcohol fraction to more than 24% by vol. The addition of water other than that originally present in the wine prior to processing will render standard wine ‘other than standard.’

To separate juice into low Brix and high Brix juice fractions

The low Brix fraction derived from such processing may be used in wine production. The high Brix fraction derived from such processing shall not be diluted with water for use in wine production.

Thin-film evaporation under reduced pressure1

To separate wine into a low alcohol wine fraction and into a higher alcohol distillate

Water separated with alcohol during processing may be recovered by refluxing in a closed continuous system and returned to the wine. The addition of water other than that originally present in the wine prior to processing, will render standard wine ‘other than standard.’

Ultrafiltration To remove proteinaceous material from wine

Permeable membranes which are selective for molecules greater than 500 and less than 25,000 molecular weight with transmembrane pressures less than 200 psi. Use shall not alter vinous character.

1 This process must be done on distilled spirits plant premises. However, reverse osmosis, under certain limited conditions, may be used on bonded

winery premises if ethyl alcohol is only temporarily created within a closed system.


Maximum Residue Limits

This list is based on CFR Title 40, Chapter I, Subchapter E, § 180. For a complete list of MRLs refer to e-CFR here –

www.law.cornell.edu/cfr/text/40/part-180/subpart-C

MRL Specification Maximum

Maximum Residue Limit Parts per million (ppm)

Type of Food

Acetamiprid 1.0 Apple, pear

Aminoethoxyvinylglycine hydrochloride 0.08 Apple, pear

Buprofezin 3.0 Apple

Cyclaniliprole 0.3 Apple

Diphenylamine 1 10.0 5.0

Apple Pear (post-harvest)

Ethephon 5.0 Apple

Fenpyroximate 0.30 Apple, pear

Flupyradifurone 0.70 Apple, pear

Imidacloprid 0.5 0.6

Apple Pear

Kresoxim-methyl 0.5 Apple, pear

Methidathion 0.05 Apple, pear

Methomyl 1 Apple

Metrafenone 1.5 Apple, pear

Naphthalene 0.15 Apple, pear

Novaluron 3.0 Apple, pear

Prohexadione 3.0 Apple, pear

Thiabendazole 5.0 Apple, pear (post-harvest)

2,4-D 0.05 Apple, pear

Notes

1. This MRL is established on apple from preharvest or postharvest use, including use of impregnated wraps.

https://www.law.cornell.edu/cfr/text/40/part-180/subpart-C


Labelling Reference Mandatory Items – all Cider Height Position – cider 7%

abv & above Position – cider below 7% abv

A1 Brand Name > 2 mm Brand Label Not defined

A2 Product Designation > 2 mm Brand Label PDP

A3 Alcohol Statement 1-3 mm Not defined Not defined

A4 Volume Statement 2 mm Not defined PDP

A5 Country of Origin 2 mm Not defined Not defined

A6 Government Warning* 2 mm Not defined Not defined

A7 Name & Address 2 mm Not defined IP

A8 Indication of Tax Class 2 mm Not defined Not defined

A9 Warning Statements 2 mm Not defined Not defined

A10 Lot Number Not defined Not defined Not defined

References Mandatory Items – Cider below 7% abv Height Position

A11 Allergens Statement Not defined Not defined IP

A12 Ingredient List Not defined - IP

A13 Nutrition Facts > 6-8 point - IP

References Optional Items – Cider above 7% abv Height Position

A14 Appellation of Origin Not defined Not defined -

A15 Sugar Content Not defined Not defined -

A16 Serving Facts Not defined Not defined -

* Note, additional specific alcohol warnings apply to alcohol direct-shipped to consumers in California. Refer to details at the end of the Labelling section.

Alcoholic beverages are regulated differently for production and labelling standards in the United States depending on

their alcohol content. Cider below 7% abv is subject to FDA labelling requirements under the Food, Drug and Cosmetic

Act. The TTB regulates alcoholic beverages with 7% abv and above through the Federal Alcohol Administration Act,

however, cider below 7% abv is also regulated by the TTB for the purposes of the Internal Revenue Code and the

Government Warning.

The FDA publishes a Food Labelling Guide which provides detailed information for labelling requirements for regulated

products including cider below 7% abv. TTB provides a Sample Wine Labels Guide but note this is specifically designed

for grape wine.

Language The mandatory labelling information must be presented in English. Statements may be made in foreign languages

provided they do not conflict with or contradict the mandatory labelling requirements.

http://wayback.archive-it.org/7993/20170110232932/http:/www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ucm2006828.htm

https://www.ttb.gov/pdf/06-08-expo-sample-labels.pdf


Labelling Item Position Cider 7% abv and above

The brand label is the label carrying the brand name of the cider. The information required to appear on the brand label

includes the brand name and the product designation. The position of other mandatory information is not defined.

Cider below 7% abv

PDP: the Principal Display Panel (PDP) is the label displaying the product designation (name of the food) and the

volume statement. The PDP is the portion of the package label that is most likely to be seen by the consumer at the

time of purchase.

IP: the Information Panel (IP) is the label displaying the name and address of the importer, the ingredient list, nutrition

facts and allergens statement. The IP is the label panel immediately to the right of the PDP, as seen by the consumer

facing the product. Intervening material (i.e. information not required by FDA such as the UPC bar code) must not be

placed between the required labelling on the IP.

Over-stickers The TTB and FDA will usually not permit over-stickers to cover any part of an existing label. The mandatory information

for the USA can be attached as a third label. Exporters should keep in mind that standard drinks and preservative

statements (other than ‘contains sulfites’) should not be included on labels for the USA.

References to labelling requirements

A1 Brand Name A brand name is mandatory on labels destined for the USA. The brand name is the name under which the

product is sold. If the product is not sold under a brand name, the name of the bottler, packer or importer

becomes the brand name.

The brand name must be legible, appear on contrasting background and appear separate and apart from other

information. For cider 7% abv and above the brand name must appear on the ‘brand label’. It must not convey

an erroneous impression as to the age, origin, identity or other characteristics of the product.

A2 Product Designation This is the specific identity of the wine. For cider 7% abv and above it must appear on the brand label. For cider

below 7% abv it must appear on the PDP. The designation must identify the product as wine by using the term

‘wine’ or a word that signifies the type of wine, such as ‘cider’ or ‘perry’. The product designation must be at

least 2mm in height and should be one of the most important features on the label. It should appear in lines

generally parallel to the base of the package.


Following is a list of the most common classes and types of cider for labelling purposes:

Designation Description

Fruit wine • Produced by the normal alcoholic fermentation of the juice of found, ripe fruit, with prescribed limitations for addition of sugar and water for amelioration and with or without added fruit brandy or alcohol.

Hard cider • A cider that meets the eligibility requirements for the hard cider tax rate (see Excise Tax above)

• Alcohol content between 0.5% and less than 8.5% abv

• Hard cider will be considered to be derived primarily from apples or pears, or from apple juice concentrate or pear juice concentrate and water, if the apple juice, pear juice, or combination of apple and pear juice, or the equivalent amount of concentrate of apple and/or pear juice reconstituted to the original brix of the juice prior to concentration, or any combination thereof, represents more than 50 percent of the volume of the finished product.

• Contains not more than 0.392 grams of CO2 per 100mL

Cider • Produced by the normal alcoholic fermentation of the juice of sound,

ripe apples; and • May be designated as ‘apple wine’, ‘hard cider’, ‘apple cider’ or ‘cider’

(but not ‘apple perry’ if 7% abv or above) if derived wholly (except for sugar, water or alcohol) from apples

• Still cider contains not more than 0.392 grams of CO2 per 100mL

Perry • Produced by the normal alcoholic fermentation of the juice of sound, ripe pears; and

• May be designated as ‘pear wine’ or ‘perry’ (but not ‘pear cider’ if 7% abv or above) if derived wholly (except for sugar, water or alcohol) from pears

• Still perry contains not more than 0.392 grams of CO2 per 100mL

Sparkling hard cider/perry • Hard cider or perry containing more than 0.392 grams per 100mL carbon dioxide but not more than 0.64 grams obtained solely from secondary fermentation within a closed container, tank or bottle

Artificially carbonated hard cider/perry • Hard cider or perry containing more than 0.392 grams per 100mL carbon dioxide but not more than 0.64 grams obtained through artificial infection of CO2

Wine Specialty • Wine specialty products do not fit into any of the standards of identity and must be labelled with a truthful and adequate statement of composition

• Applies to products with added flavours, colours or spices • Must be designated with a statement of composition, such as ‘cider with

artificial and natural blueberry flavours’ or ‘apple cider with honey and spices’

• Applies to blending apple/pear wine with another fruit wine. Must be designated with a statement of composition i.e. ‘apple-blueberry wine’ or ‘blueberry cider’. ‘Fruit wine’ may appear in direct conjunction with the statement of composition

Natural wine • The product of the juice or must of sound, ripe fruit • Made with any cellar treatment authorised by subparts F and L or Part

24, and containing not more than 21% by weight of total solids

Natural cider and natural perry • Only malic acid may be added to cider to correct natural acid deficiencies

• Only malic acid or citric acid may be added to perry to correct natural acid deficiencies

• Sugar (which means only pure dry sugar, liquid pure sugar or invert sugar syrup) may be added to chaptalize or sweeten a natural fruit wine

Special Natural Wine • A flavoured wine made from a base of natural wine

https://www.law.cornell.edu/cfr/text/27/part-24/subpart-F

https://www.law.cornell.edu/cfr/text/27/part-24/subpart-L


• The flavouring may be natural herbs, spices, fruit juices, natural aromatics, natural essences or other natural flavourings

• Examples include ‘made from apple juice and flavoured with hops’; ‘made from apple concentrate and flavoured with citrus peel’; ‘made with pear juice and flavoured with honey’

• Special Natural Wines require TTB formula approval (see Import Procedures below)

Other than Standard Wine • Other than standard wine is: o Made with sugar and/or water beyond the limitations for

standard wine o Made by blending wines produced from different kinds of fruit o Made with sugar other than pure dry sugar, liquid pure sugar

and invert sugar syrup o Made with materials not authorised for use in standard wine,

e.g. spirits derived from fruit other than primary winemaking material, colouring material and artificial flavours

• Examples include cider/perry products made by blending apple wine with rhubarb wine; colouring with grape skin extract; sweetening with raw sugar; flavouring with raspberry spirits

• Other than Standard Wines require TTB formula approval (see Import Procedures below)

A3 Alcohol Statement The alcohol format is prescribed in US regulations. It should be presented as one of the following statements:

• alcohol x.x% by volume

• xx.x% alc./vol.

• alc. xx.x% by vol.

Alternatively, the statement ‘Fruit [apple] [pear] Table Wine’ may be used for ciders 7% abv and above. The

statement should not use the abbreviation ‘abv’. The alcohol statement can appear on any label and must be

between 1-3mm in height for containers of 5 litres or less.

There is a +/- 0.75% tolerance for cider below 7% abv from the alcohol content statement on the label and +/-

1.5% for cider 7 – 14% abv. The tolerance is +/- 1.0% for alcoholic beverages above 14%. However, regardless of

the tolerances, the alcohol statement cannot cross tax categories (0.5%-8.4% abv; 8.5%-16.0%; 16.1%-21% abv;

21.1%-24% abv).

For example, if a cider is labelled as 8.3% alcohol by volume the actual alcohol could be as low as 6.8% but not

higher than 8.4%. Similarly, if a cider is labelled as 8.6% the actual alcohol must be between 8.5% and 10.1%.

A4 Volume Statement For cider 7% abv and above, the volume must be shown in litres and millilitres. The volume can appear on any

label or may be etched/blown onto the container. The minimum height is 2mm for containers larger than 187mL

and 1mm for containers of 187mL or less. Ciders 7% abv and above must use the authorised metric standards of

fill (ml, ML, mL or L).

Authorised Standards of Fill

The sizes in which cider 7% abv and above may be packed are prescribed within the USA. This includes kegs.

Sizes between 3 and 18 litres must be even litres (i.e. 4 L, 12 L etc). There are no size restrictions over 18 litres.

(Note, this requirement is currently under review by the TTB).

≥ 7% and above 50mL 100mL 187mL 375mL 500mL

750mL 1.0L 1.5L 3.0L


For cider below 7% abv, the volume must be shown in both metric and USA Customary System (fluid ounces)

terms, for example:

• Net wt 1 lb 8 oz (680g)

• 500 ml (1 pt 0.9 fl oz)

• Net contents 1 gal (3.79 L)

The statement must appear in the bottom 30% of the PDP, in lines generally parallel with the base of the

container. The letters must not be more than three times as high as they are wide, and lettering must contrast

sufficiently with the background to be easy to read. There are no restrictions on container sizes for ciders below

7% abv. The minimum type size is based on the area of the PDP. To calculate the area of the PDP for a cylindrical

container, use 40% of the height multiplied by the circumference.

Minimum Type Size Area of Principal Display Panel

1/16 in. (1.6 mm) 5 sq. in. (32 sq. cm.) or less

1/8 in. (3.2 mm) More than 5 sq. in. (32 sq. cm.) but not more than 25 sq. in. (161 sq. cm.)



1/2 in. (12.7 mm) Over 400 sq. in. (2580 sq. cm.)

A5 Country of Origin US Customs and Border Control require all imported product to be marked with a country of origin statement.

The format for the country of origin statement is not defined in the USA. For example, either ‘Product of

Australia’ or ‘Cider of Australia’ would be acceptable. The statement can appear anywhere on the label but must

be conspicuous. The statement should appear in close proximity to the name and address of the importer and

be at least comparable in size of lettering.

On blends consisting of different components of foreign wines, if any reference is made to the presence of

foreign wine, the exact percentage by volume must be declared.

A6 Government Warning All products with 0.5% alcohol by volume or more must bear the government health warning statement. The

words ‘Government Warning’ must appear in capital letters and in bold type. The remainder of the statement

cannot appear in bold type. It must be completely separate and apart from all other information and in a

contrasting colour. The warning must not be compressed beyond 25 characters to the inch for bottles of more

than 237mL up to 3L at 2mm. The statement is as follows:

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.

Note, specific alcohol warnings apply to alcohol direct-shipped to consumers in California. Refer to details at the

end of the Labelling section.

A7 Name and Address The name and address (city and state) of the importer as listed on the TTB permit must appear on the label and

must be preceded by the words ‘imported by’ or a similar phrase. The importer details can appear on any label.

The minimum height is 2mm for containers larger than 187mL and 1mm for containers of 187mL or less.


A8 Indication of Tax Class Labels of cider are required to include an indication of their tax class on the label. For cider eligible for the Hard

Cider tax rate the label must state ‘Tax Class 5041(b)(6)’.

A9 Warning Statements If applicable, declarations of the presence of the following substances must appear on the label of cider 7% abv

and above:

• FD&C Yellow No.5

• Cochineal extract or carmine

• Sulfites

Cider containing 10 or more ppm of sulphur dioxide must be labelled with a ‘contains sulfites’ or ‘contains

sulphites’ statement. The statement can appear on any label. The minimum height is 2mm for containers larger

than 187mL and 1mm for containers of 187mL or less. No statement is required if the product contains less than

10 ppm, however, exporters will need to obtain a laboratory analysis and submit this with the COLA application

(see Import Certificates below).

In addition, declarations of the presence of FD&C Yellow No.5 and Cochineal extract or carmine must be

declared on the label.

A10 Lot Number The Lot Number must be shown by a legible code enabling the product to be traced back to an identifiable

batch. The format is not prescribed and need only have meaning to the manufacturer. The lot number can

appear on either the label or the bottle.

A11 Allergens Labelling For cider 7% abv and above the TTB is considering mandating allergens labelling for the presence of milk, eggs,

fish, crustacean shellfish, tree nuts, wheat, peanuts and soybeans, as well as ingredients that contain protein

derived from these foods. In the meantime, TTB permit the optional disclosure of allergens provided it is set out

in the prescribed format: the word ‘Contains’ followed by a colon and the name of the food source from which

each major food allergen is derived (e.g., ‘Contains: milk and egg’).

Cider below 7% abv is required to include an allergens declaration if any of the listed allergens is used as an

ingredient or contains protein derived from one of them. The food allergens include:

a. Milk

b. Egg

c. Fish (e.g. bass, flounder or cod – the species must be declared)

d. Crustacean shellfish (e.g. crab, lobster or shrimp – the species must be declared)

e. Tree nuts (e.g. almonds, pecans or walnuts – the specific type of nut must be declared)

f. Wheat

g. Peanuts

h. Soybeans


The allergens declaration can be incorporated into the list of ingredients or in a separate ‘Contains’ statement in

accordance with the examples below:

Gluten- free claims

Alcoholic beverages below 7% abv that are made from ingredients that

do not contain gluten (such as cider fermented from apples) may make ‘gluten-free’ claims in compliance with

FDA regulations for inherently gluten-free products.

A12 Ingredient List (< 7% abv) Juice Declaration

Cider below 7% abv requires a juice declaration. Apple cider is juice that is expressed from apples and must bear

a declaration of the percent of juice. The percentage of juice is computed on a volume/volume basis when the

juice is expressed directly from fruit. If the juice is made by adding water to concentrate it is calculated using

values from the Brix table levels where single-strength (100%) juice has at least the specified minimum Brix listed

below:1

Juice 100 per cent juice ¹

Apple 11.5

Grape 16.0

Pear 12.0

¹ Indicates Brix value unless other value specified.

The % juice must be on the IP, near the top. Only the brand name, product name, logo or universal product code

may be placed above it. Use easily legible boldface print or type that distinctly contrasts with the other printed

or graphic material. The type size for the % juice declaration must be not less than the largest type on the IP,

except that used for the brand name, product name, logo, universal product code or the title phrase ‘Nutrition

Facts’.

1 See 21 CFR § 101.30 for the complete Brix table – www.law.cornell.edu/cfr/text/21/101.30



The percentage juice declaration may be either ‘contains ____% juice’ or ‘____% juice.’ The name of the fruit or

vegetable may also be included (e.g., ‘50% Apple Juice’).

Ingredient List

Cider below 7% abv also requires an ingredient list. The ingredient list on a food label is the listing of each

ingredient in descending order of predominance in weight. The ingredient list should appear on the same label

panel as the importer name and address. It may be before or after the Nutrition Facts panel. The type size

should be at least 1.6 mm in height (based on the lower case ‘o’) and be prominent, conspicuous and easy to

read.

Water added in making a food is considered to be an ingredient. The common or usual name for ingredients

should be used (i.e. the term ‘sugar’ instead of ‘sucrose’). When an approved preservative is added to a food,

the ingredient list must include both the common or usual name of the preservative and the function of the

preservative by including terms, such as ‘preservative,’ ‘to retard spoilage,’ ‘a mold inhibitor,’ ‘to help protect

flavor,’ or ‘to promote color retention.’ For example:

‘INGREDIENTS: Hard Cider (juice of cider apples), Water, Sugar, Carbon Dioxide, Ascorbic Acid (to Promote Color

Retention), Sulfites (Preservative)’

A13 Nutrition Facts (< 7% abv) Cider below 7% abv requires a Nutrition Facts label. The Nutrition Facts label may be placed together with the

ingredient list and the name and address on the IP. The nutrition information must be displayed in a box shape.

Any legible type style may be used. The heading ‘Nutrition Facts’ must be the largest type size in the nutrition

label (i.e. it must be larger than 8-point but can be less than 13-point) and should extend the width of the

Nutrition Facts box. All other information should be a minimum of 8 or 6 point (see example below).

Calories from alcohol may be calculated using specific Atwater factors. USDA Handbook No.74 provides a specific

food factor of 7.07 calories per gram of alcohol. Fat content below 0.5 g may be expressed as 0 g. Total

carbohydrate is calculated by subtracting the weight of crude protein, total fat, moisture and ash from the total

weight of the sample of food. To calculate sugars, determine the weight in grams of all free monosaccharides

and disaccharides in the sample of food.

Cider will qualify for a simplified Nutrition Facts label when at least eight of the required nutrients are present in

insignificant amounts. The five core nutrients that must always appear on all labels include calories, total fat,

sodium, total carbohydrates and protein. If the size of the can/bottle is not the reference value of 240mL, the

size must be indicated.

Nutrient content claims should be avoided (e.g. ‘low fat’, ‘sugar free’, ‘source of antioxidants’ etc) as this will

mean a nutrient content statement is required.

Nutrition Facts

Serving Size 1 can (330 ml)

Amount Per Serving

Calories 132

% Daily Value*

Total Fat 0g 0%

Sodium 10mg <1%

Total Carbohydrate 14g 5%

Sugars 10g

Protein 0g

* Percent Daily Values are based on a 2,000 calorie diet


Simplified Nutrition Facts example for cider (5.5% abv)

Refer to FDA’s Food Labelling Guide for further information.

A14 Appellation of Origin – Optional (> 7% abv) Cider 7% abv and above may bear an appellation of origin (for example a country, state or county) if:

• At least 75% of the cider is derived from fruit grown in the named appellation;

• If labelled with a State appellation, the cider must have been fully finished within the labelled State or an

adjacent State (i.e. a state that shares land or sea borders);

• If labelled with a county appellation, within the State in which the labelled county is located (‘County’ or

‘Parish’ must accompany the name(s)).

If the label includes terms such as orchard/farm/ranch at least 95% of the cider in the container must have been

produced from apples/pears grown on the named orchard, farm or ranch.

A15 Sugar Content Statements – Optional (> 7% abv) Numerical statements of sugar content (sum of free monosaccharides and disaccharides) are optionally

permitted on cider 7% abv and above, calculated as grams per serving. Sugar content above 1 gram must be

expressed to the nearest tenth of a gram. Below 1 gram the statements ‘Contains less than 1 gram (g)’ or ‘less

than 1 gram (g)’ may be used. Below 0.5 grams the statements ‘zero (or 0) grams (g)’, ‘Zero Sugar,’ ‘No Sugar,’ or

‘Sugar Free’ may be used.

A16 Serving Facts – Optional (> 7% abv) A ‘serving facts’ panel may be optionally included on cider 7% abv and above. The following three statements

illustrate acceptable panel displays for a 750mL bottle containing 14% alcohol by volume:

** Not a significant source of Dietary Fiber or Iron

http://wayback.archive-it.org/7993/20170110232932/http:/www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ucm2006828.htm


Prohibited Terms Terms such as ‘powerful’, ‘fortified’ and ‘strong’ are not permitted on alcoholic beverages (fortified wines are

considered ‘dessert wines’ in the USA).

Vintage dates (year of harvest) may only be used on wines made from grapes.

Additional Terms

Commercial Samples Commercial samples should comply with USA labelling regulations. Any bottle entering the USA is required to include

the Government Warning regardless of its purpose. Refer to Import Procedures for details.

Age Claims The market is sensitive to claims regarding age. Unless referring to vintage year, length of maturation or use as part of a

brand name, statements referring to age should be avoided. If, for instance, you are referring to the establishment of a

winery or brand, state the age or year of the establishment in letters no more than 2mm high and ensure the age or

year relates directly to that particular brand or business. Any prominent age references must be qualified with the

length of time the cider was aged. If, for instance the cider is prominently advertised as ‘oak matured’ you should

support this with a statement such as ‘50% aged in wood for 12 months’.

Character Heights (> 7% abv)

Item Minimum Height of Letters

Brand Name • 1mm on sizes to 187mL • 2mm on sizes above 187mL

Alcoholic Strength • 1-3mm on sizes to 5 litres

Nominal Volume • 1mm on sizes to 187mL

• 2mm on sizes above 187mL

Government Warning • 1mm on sizes to 237mL • 2mm on sizes 23mL to 3L • 3mm on sizes above 3L

Sulfites Statement • 1mm on sizes to 187mL • 2mm on sizes above 187mL

Importer Name & Address • 1mm on sizes to 187mL • 2mm on sizes above 187mL

Nominal Volume Tolerances According to CFR Title 27, Volume 1, Part 4 – Labeling and Advertising of Wine, the statement of net contents must

indicate exactly the volume of wine within the container, except that the following tolerances may be allowed:

1. Discrepancies due exclusively to errors in measuring which occur in filling conducted in compliance with good

commercial practice.

2. Discrepancies due exclusively to differences in the capacity of containers, resulting solely from unavoidable

difficulties in manufacturing such containers so as to be of uniform capacity: Provided that no greater

tolerance shall be allowed in case of container which, because of their design, cannot be made of


approximately uniform capacity than is allowed in case of containers which can be manufactured so as to be of

approximately uniform capacity.

3. Discrepancies in measure due to differences in atmospheric conditions in various places and which

unavoidably result from the ordinary and customary exposure of alcoholic beverages in containers to

evaporation. The reasonableness to discrepancies under this paragraph shall be determined on the facts in

each case.

Organic Cider The National Organic Program (NOP) is a stand-alone certification program developed by the United States Department

of Agriculture (USDA) which came into effect in October 2002 to regulate organic production, processing and marketing

in the US.

NOP certification is required for organic cider exporters to access the US market. All operations of the supply chain

except for operations that don’t produce/process/repack products need to be NOP accredited. This includes the

following:

• Producers

• Processors/Contract processors

• Re-packers

NASSA Organic (NCO) and Australian Certified Organic (ACO) are accredited by the USDA NOP as organic certifiers. A

specific USDA NOP application form is required to be submitted to the certifying agent and must be accompanied by

your Organic Management Plan with noted inputs for the last three years, and a Statutory Declaration. Accreditation

includes a document review which assesses management and inputs for the last three years; on-site audit; review by

the Critical Review Committee; and a Licence Agreement.2

The NOP standard can be viewed here.

Labelling Category: ‘Organic’

Cider in the ‘organic’ labelling category must be overseen by a certifier, who will verify that the cider meets all

appropriate specifications in the USDA organic regulations, such as:

• Yeast must be certified organic unless the desired strain isn’t available in organic form.

• All agricultural ingredients (such as apples) must be certified organic except per the National List of Allowed

and Prohibited Substances (National List).

• Added sulphites are prohibited.

• Non-agricultural ingredients must be specifically allowed on the National List and may not exceed a combined

5 percent of the total product (excluding salt and water).

Cider in this category is permitted to use the USDA organic logo.

Labelling Category: ‘Made With’ Organic Apples/Pears

Cider in the ‘made with’ labelling category must be overseen by a certifier, who will verify that the cider meets all

appropriate specifications in the USDA organic regulations. Unlike ‘organic cider’, cider ‘made with organic apples’ may

contain up to 100 ppm of sulphur dioxide. All apples must be certified organic, but other agricultural ingredients (such

as yeast) are not required to be organic. Non-agricultural ingredients must be specifically allowed on the National List.

This category is not permitted to use the USDA organic logo.

2 See aco.net.au/standard/usa-nop

http://www.ams.usda.gov/AMSv1.0/nop

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=3f34f4c22f9aa8e6d9864cc2683cea02&tpl=/ecfrbrowse/Title07/7cfr205_main_02.tpl

https://aco.net.au/standard/usa-nop/


The TTB has published a document titled ‘Labeling Organic Wine’. It can be downloaded from the TTB website –

www.ttb.gov/pdf/organic-wine.pdf

California Warnings for Online Sales and DTC Shipments On 30 August 2018, new California regulations (‘Proposition 65’) came into effect requiring warning statements on

alcoholic beverages for any producer that sells and ships their products direct to consumers (DTC) in the State of

California.

Alcohol Warning

The new regulations will directly impact Australian exporters shipping direct to consumers in California. Direct-to-

consumer producers must include warning notices:

• in or on the carton (but not necessarily on the label); and

• on the website through which the purchase is made.

Note that these are not on-label warnings but separate notices.

For online sales and DTC shipments, warnings must be in a type size no smaller than the largest type size used for other

consumer information on the product, in no case smaller than 8-point type. The rule requires that the warning ‘be

readable and conspicuous’ to the consumer prior to consumption. The required wording is as follows:

Online Sales Warnings

Proposition 65 warnings for online sales must provide the full warning statement in a text box as described above and

the warning must be ‘clearly associated’ with the item being purchased. The warning ‘must be displayed with such

conspicuousness as compared to other words’ as to assure the warning is ‘likely to be seen, read, and understood by an

ordinary individual under customary conditions of purchase or use.’ The warning must always be provided to the

consumer prior to finalising the purchase.

There are three acceptable methods for providing the online warning including:

1. Placing the full text in a text box directly on the product display page;

2. Including the word ‘WARNING’ on the product display page with a hyperlink that provides one-click access to the full text; or

3. Including the warning as part of the check-out process prior to the final purchase. It is acceptable to provide the warning, for example, as a pop-up whenever a purchaser enters a California zip code.

Penalties for non-compliance are potentially high. Australian exporters should talk with their California-based

distributors about responsibility for ensuring compliance at the retail level.

The California Wine Institute has issued some useful guidance: New Prop 65 Warning Requirements

BPA Warning

In addition, any alcoholic beverage that sell products with cans, lids and/or bottle cap liners containing BPA must also

post the new Point of Sale BPA warning on their website and in direct-to-consumer shipments sent to a California

address. Our understanding is that BPA use is rare in screwcaps. If uncertain about your packaging, you should check

with your supplier.

The wording for the statement on direct-to-consumer shipments is as follows:

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages

may increase cancer risk, and, during pregnancy, can cause birth defects. For more

information go to www.P65Warnings.ca.gov/alcohol.

http://www.ttb.gov/pdf/organic-wine.pdf

https://wineinstitute.compliancerules.org/state_alerts/new-prop-65-warning-requirements-for-online-sales-and-dtc-shipments/

http://www.p65warnings.ca.gov/alcohol


The wording for the statement on websites is as follows:

WARNING: This product can expose you to chemicals including bisphenol A (BPA),

which are known to the State of California to cause birth defects or other reproductive

harm. For more information go to www.P65Warnings.ca.gov. For a list of products go to:

www.prob65bpa.org.

WARNING: Many food and beverage cans have linings containing bisphenol A

(BPA), a chemical known to the State of California to cause harm to the female

reproductive system. Jar lids and bottle caps may also contain BPA. You can

be exposed to BPA when you consume foods or beverages packaged in these

containers. For more information go to www.P65Warnings.ca.gov. For a list of

products go to: www.prob65bpa.org.


Importing The US Customs and Border Protection (CBP) is responsible for the regulation of imports. The TTB regulate the sale and

movement of all alcoholic beverages in the USA while the Food and Drug Administration administers the Bioterrorism

Act.

Import Certificates Australian cider does not require any special certification for entry into the USA.

Import Procedures The steps required to import cider into the United States include:

1. Importer obtains basic permit from the TTB (ciders 7% abv and above);

2. TTB Certificate of Label Approval (ciders 7% abv and above) filed by the importer in the US;

3. TTB Formula Approval (non-standard ciders 7% abv and above) filed by the importer in the US;

4. Food Facility Registration submitted to FDA by the Australian exporter;

5. Prior Notice of shipment to FDA filed by the shipping company prior to import;

6. Importer files entry documents for the goods to CBP at the goods’ port of entry plus evidence that a bond has been posted with CBP to cover any potential duties, taxes and charges that may accrue;

7. The shipment may be examined by CBP or examination may be waived;

8. CBP issues an Entry Summary Documentation for release of the goods;

9. Importer pays excise tax and duties within 10 working days to CBP.

Import License

Cider 7% abv and above can only be imported into the USA by a licensed importer holding a Basic Permit from the TTB.

Direct sales to consumers are not permitted. There are potentially two types of import licences required:

• Federal License – All wine importers must be licensed by TTB.

• State License – Varies from State to State.

There are State agencies that have separate requirements for the sale of alcoholic beverages. Certain States restrict

who may bring in alcoholic beverages into their jurisdictions and require permits or licenses to sell and transport

alcoholic beverages. A list of these agencies is available from the TTB at: www.ttb.gov/wine/state-ABC.shtml. You

should contact these agencies for further information.

Certificate of Label Approval A Certificate of Label Approval (COLA) is required for cider with 7% abv and above. Ciders below 7% abv do not require

a COLA. A copy of the COLA should accompany the cider through US Customs.

The importer or agent will organise the COLA with the TTB on behalf of the exporter. Exporters must submit a complete

copy of the front and back label. COLAs Online will only accept JPEG (preferred) or TIFF file formats using only RGB

colour mode (not CMYK mode); have a compression/quality ratio set at Medium (7 out of 10 or 70 out of 100); no single

file may exceed 750KB; have no surrounding white space or printer’s proof details.

http://www.ttb.gov/itd/importing_alcohol.shtml

http://www.ttb.gov/wine/state-ABC.shtml

http://www.ttb.gov/wine/state-ABC.shtml


Importers can apply for and track the status of their COLA online. The Public COLA Registry at:

www.ttbonline.gov/colasonline/publicSearchColasBasic.do can be searched for approved, expired, surrendered or

revoked COLAs.

Further information can be viewed here - www.ttb.gov/faqs/colasonline.shtml#Electronic

COLA – Complete List of Allowable Revisions to Approved Labels

Once a label receives TTB approval, you can make certain changes to that label without obtaining a new COLA from

TTB. TTB publishes a list of allowable revisions to approved labels. (Note that references to ‘wine’ include cider). The

full table is available at: www.ttb.gov/labeling/allowable_revisions.shtml#completeList

You May… Revision Applies to:

Comments

Wine Distilled Spirits

1. Delete any non-mandatory label information, including text, illustrations, graphics, etc.

YES YES

2. Reposition any label information, including text, illustrations, graphics, etc.

YES YES The repositioning must comply with any placement requirements applicable to mandatory information. For example, some types of mandatory information must appear on the brand label or must appear together with other label information.

3. Change the color(s) (background and text), shape and proportionate size of labels. Change the type size and font and make appropriate changes to the spelling (including punctuation marks and abbreviations) of words, in compliance with the regulations. Change from an adhesive label to one where label information is etched, painted or printed directly on the container and vice versa.

YES YES All mandatory information must be readily legible and appear on a contrasting background. If you received approval for a single label then you may not divide the label into multiple labels without reapproval. All changes must comply with applicable regulations, and changes in spelling must not change the meaning of the previously approved information.

4. Change the optional ‘produced’ or ‘made’ by statements on wine labels to ‘blended’, ‘cellared’ or ‘prepared’ by statements.

YES N/A

5. Change the stated amounts of sugar at harvest and/or residual sugar for wine labels.

YES N/A See ATF Ruling 82-4 for policy regarding use of sugar content statements and when such statements are required.

6. Add or delete bonded winery or tax paid wine bottling house number for wine labels.

YES N/A If used, a bonded winery number must appear in direct conjunction with the bottler's name and address.

7. Change the net contents statement. YES YES Revisions must comply with all applicable regulations governing net content statements and standards of fill. Please ensure that all applicable type size requirements are met for each container size.

8. Change the mandatory statement of alcohol content, as long as the change is consistent with the labeled class and type designation, and all other labeling statements.

YES YES For example, you may change the alcohol content of a grape wine labeled with a varietal designation from 13 percent to 15 percent alcohol by volume, even though it results in a change to the product’s tax classification. However, if the product was designated and labeled as a ‘table wine,’ an alcohol content of 15 percent alcohol by volume would be inconsistent with the rules for use of that designation, so this change would not be permitted.

9. Delete or change an optional age statement, including a barrel aging statement, for wine and malt beverage labels.

YES N/A Statements of age on wine labels must comply with 27 CFR 4.39(b).

https://www.ttbonline.gov/colasonline/publicSearchColasBasic.do

http://www.ttb.gov/faqs/colasonline.shtml#Electronic

http://www.ttb.gov/labeling/allowable_revisions.shtml#completeList


10. Change the numerical values for calories, carbohydrates, protein, and fat contained in a statement of average analysis.

YES YES Changes must be in compliance with TTB Ruling 2004-1.

11. Add, delete, or change stated bottling date, production date (day, month, and/or year) or freshness information including bottling, production or expiration dates or codes.

YES YES Bottling dates added to wine labels must comply with 27 CFR 4.39(c).

12. Change the name or trade name to reflect a different name already approved for use by the responsible bonded wine cellar, taxpaid wine bottling house, distilled spirits plant, brewery or importer. Change the address where it is within the same State.

YES YES This means that a bonded wine cellar, taxpaid wine bottling house, distilled spirits plant, brewery or importer may revise the label to include the use of a name or trade name that is already approved for that particular industry member. The name or trade name must appear on the basic permit, brewer’s notice, or other qualifying documents for the company to whom the original certificate was issued. If the name or trade name is also used as the brand name on the label, resulting in a change of brand name, you must submit a new application. The change in address is ONLY allowed for in-state moves or other changes to the COLA holder’s address that have already been reflected on the industry member’s basic permit, brewer’s notice, or other qualifying documents.

13. Add, delete, or change the name and/or address of the foreign producer, bottler, or shipper.

YES YES The producer, bottler, or shipper must be located in the same country originally shown.

14. Add, delete, or change the name, address, and/or trademark of the wholesaler, retailer, or persons for whom the product is imported or bottled.

YES YES

15. Add, delete, or change bottle deposit information.

YES YES

16. Add, delete, or change UPC barcodes and/or 2D mobile barcodes, e.g., QR codes or Microsoft Tags.

YES YES Addition or change of UPC Code must be in compliance with Industry Circular 77-23. Any information retrieved from 2D barcodes must be in compliance with all applicable advertising regulations.

17. Add, delete, or change a Web site address, phone number, fax number, or zip code.

YES YES

18. Add, delete, or change a lot or batch identification number or other serial numbers.

YES YES

19. Add, delete, or change trademark, copyright symbols (e.g., TM, ©, ®), kosher symbols, company logos, and/or social media icons.

YES YES Symbols, logos and icons may not violate TTB regulations. Advertisements on social media sites must be in compliance with all applicable advertising regulations.

20. Add, delete, or change optional information about awards or medals.

YES YES

21. Add, delete, or change holiday- and/or seasonal-themed graphics, artwork and/or salutations.

YES YES Holiday/seasonal-themed information or graphics must not conflict with or qualify the mandatory information and must comply with all applicable regulations, including the rules governing prohibited practices.

22. Delete or change promotional sponsorship-themed graphics, logos, artwork, dates, event locations and/or other sponsorship-related information (e.g., sports leagues, team organizations, annual sporting events, and annual or semi-annual festivals).

YES YES If authorization by a third party was required for use of such promotional sponsorship-themed information on a label when first approved, it is the responsibility of the industry member to have any necessary documentation of authorization to cover the revisions to the approved label(s).

23. Add, delete, or change a label or sticker that provides information about a rating or recognition provided by an organization (e.g., “Recognized as

YES YES These statements or graphics must not conflict with or qualify any mandatory information and must comply with all applicable laws and regulations. Substantive claims


one of the top values in vodka by x Magazine” or “Rated as the best 2012 wine by x Association”), as long as the rating or recognition reflects simply the opinion of the organization and does not make a specific substantive claim about the product or its competitors.

about the product or its competitors are not covered by this exemption

24. Delete all organic references from the label. YES YES If you choose to delete one organic claim on a label on which you have received approval to make organic claims, then all organic claims, references, and certification statements must be deleted on the revised label. The deletion of individual references or certification statements is not permitted without a new COLA

25. Change an approved sulfite statement to any of these options: “Contains Sulfites,” “Contains (a) Sulfiting Agent(s),” “Contains [name of specific sulfating agent],” “Contains Naturally Occurring and Added Sulfites,” or “Contains Naturally Occurring Sulfites.” “Sulphites” may be used in lieu of “Sulfites.”

YES YES A sulfite statement is required when sulfur dioxide or a sulfiting agent is detected at a level of 10 or more parts per million, measured as total sulfur dioxide. The statement used must accurately reflect all of the sulfur dioxide or sulfiting agent(s) present in the alcohol beverage. For wine: Any other variation of the statement or removal of the statement requires a lab analysis. For sulfite waivers, the proprietor must have proof of sample analysis from a TTB-certified laboratory or from the TTB Compliance Laboratory.

26. Add, delete, or change information about the number of bottles that were “made,” “produced,” “brewed,” or “distilled” in a batch; respectively.

YES YES Example: “100 bottles produced.”

27. Add certain instructional statements to the label(s) about how best to consume or serve the product. Only the statements listed in the comments section may be added.

YES YES Only the following statements are approved to be added to a label: “Refrigerate After Opening” “Do Not Store In Direct Sunlight”, “Best If Frozen For ___ to ___ Hours”, “Shake Well”, “Pour Over Ice”, “Best When Chilled”, “Best Served Chilled”, “Serve Chilled”, “Serve at Room Temperature”

TTB Formula Approval Not all cider products require formula approval from TTB. Whether or not a formula approval is needed is based on the

ingredients and manufacturing methods of the product. Further, only cider with 7% abv and above is subject to formula

requirements.

Formulas must be obtained before applying for label approval and before the product is removed from Customs. Types

of cider that require formula approval include Special Natural Wine, Other than Standard wine and products with, e.g.:

• Added flavours

• Blending of two kinds of wines

• Extra sugar or water added

Formula approval is not required for ‘natural’ apple or pear cider or any other ‘natural’ fruit wine, even if the wine is

fermented from the juice of different fruits (i.e. fermenting apple juice and blueberry juice together).

Formulas can only be submitted by USA importers holding an Importer’s Basic Permit. The application is submitted to

TTB’s Formulas Online system. The importer must supply supporting documentation including the following

specification sheets:


• An ingredient specification sheet (also called a spec sheet or technical data sheet) which lists or describes the

contents of an ingredient used to make the alcoholic beverage;

• A specification sheet for each ingredient that is made from more than one component;

• Flavour Ingredient Data Sheet (FID sheet) which is a spreadsheet that includes information about certain

ingredients. This is only required if using a compounded flavour that was purchased from a flavour

manufacturer;

• Limited Ingredient Calculation Worksheets which are used to calculate the total amounts of ingredients that

have limits on their use per TTB and FDA requirements. Only required for products containing one or more

compounded flavours purchased from a flavour manufacturer.

Applications may be returned for correction if any of the specification or calculation worksheets are missing or where

clarification is needed on specific ingredients. Further information can be found on the TTB website –

www.ttb.gov/formulation/pre_cola.shtml.

Registration of Food Facilities Under the Bioterrorism Act 2002, owners, operators or agents in charge of facilities that manufacture/ process, pack or

hold cider or cider products for consumption in the US are required to register their facility. The requirement applies to

each facility, not firms or companies as a whole, for example a company with 10 facilities must register each one

separately. A company may choose to authorise an individual to register on behalf of their facility.

You are required to have a US Agent to register a facility. A US Agent can be any person that resides or maintains a

place of business in the US and is physically present in the US. The US Agent acts as a communications link between the

FDA and the facility for both routine and emergency communications. For the purposes of registering a facility in the US

you can only have one agent, however this does not preclude you from having multiple importers in the US.

An Account ID and password is required to gain access to the FDA Industry System and to keep your information safe

from modification by unauthorised individuals. A Food Facility Registration Number will be issued upon registration.

The Registration Number should be provided to your importer and to people or organisations involved in the export of

your cider to the US. It is recommended that you DO NOT give out your Account ID and password and that caution be

used when giving out your Registration Number.

FDA registration is submitted online via the FDA website. The registration process cannot be completed without all

mandatory fields being filled. Once submitted you will be automatically provided with your facility’s registration

number.

Following are links to:

• Food Facility Registration: www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/default.htm

• Guidance for Industry:

www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/FoodDefense

Re-registration

Exporters must re-register every two years during the period beginning on 1 October and ending on 31 December in

even numbered years.

Record Keeping

This requirement applies to all facilities that need to be registered. When transferring cider from one facility to another,

you will need to retain, for 2 years, the following details of the ‘immediate previous source’ and the ‘immediate

subsequent recipient’. The required details include the name, address and phone number of the firm and responsible

individual (and fax and email address if available), the brand and specific type of cider, the batch number if applicable

and the date of the transaction.

http://www.ttb.gov/formulation/pre_cola.shtml

http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/default.htm

http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/FoodDefense/default.htm#registration


The Bioterrorism Act requires ‘that you include information reasonably available to you to identify the specific source of

each ingredient used to make every lot of finished product, so that incoming ingredients can be linked to outgoing

finished products.’

Prior Notice The FDA must be notified in advance of any shipment of cider for consumption that are imported into the US. Prior

Notice is submitted by the shipper and must be received and confirmed electronically by the FDA no more than 5 days

before arrival and, as specified by the mode of transportation below, no fewer than;

• 2 hours before arrival by land by road;

• 4 hours before arrival by air or by land by rail;

• 8 hours before arrival by water.

All prior notice submissions must be done electronically either through the Customs Automated Commercial System

(ACS) or FDA’s Prior Notice System Interface (PNSI).

The information required is similar to that required for customs declarations. Refer to the FDA booklet on what you

need to know about Prior Notice for a complete list. A PN confirmation number together with a PN received message

should be received. It is suggested that you obtain a copy from the person submitting your PN.

Further information can be found here – www.fda.gov/Food/GuidanceRegulation/ImportsExports/Importing

Process through Customs US Customs are very precise about import documentation being provided completely and accurately. Any error can

cause major problems, risking delays or seizure of goods. The services of a competent customs broker is strongly

recommended.

Import declarations are lodged by US importers or agents into the Customs Automated Commercial System which

electronically receives and processes entry documentation and provides cargo disposition information.

Documentation

The following documentation is required to enable your US agent to lodge an import declaration:

• Customs Invoice

• Packing list

• A copy of the Certificate of Label Approval (for ciders above 7% abv)

• Shipping invoice or bill of lading (including information on the nature and quantity of products in the shipment

and the name of the consignee).

Agency Arrangement and Distribution Alcohol sales in the US operate through the complex 3-tiered system (importer/wholesaler – distributor – retailer)

which you must follow in order to get your product to the consumer. For example:

http://www.fda.gov/Food/GuidanceRegulation/ImportsExports/Importing/ucm2006836.htm


Trade Samples Most States restrict the quantity of alcoholic beverages you may import and you must meet State alcoholic beverage

laws in addition to federal laws. If the state in which you arrive permits less liquor than you have legally brought into

the United States, then that State’s laws prevail. Information about state restrictions and taxes should be obtained

from state government, as laws vary from State to State.

Shipping any alcoholic beverage by mail is prohibited by United States postal laws.

Visitors and residents over 21 are allowed to bring in 1 litre of alcohol duty-free. Duty is payable in excess of 1 litre.

Samples of alcoholic beverages imported strictly for use at trade shows and/or for soliciting orders may, under certain

conditions, be imported without a Certificate of Label Approval (COLA). A COLA-waiver is required for ciders 7% abv and

above. Importers must apply for the waiver from the TTB in the form of a letter request. The letter must include:

• The specific type and quantity of each alcohol beverage. ‘Type’ means the product identification e.g. ‘hard

cider’ or ‘apple cider’.

• The country of origin of each product.

• The brand name of each product.

• The purpose for importing the samples (if for a specific event, include dates and location).

• The Federal Importer’s Basic Permit number.

The letter must also include a statement that the following conditions will be met:

Supplier

The producer or exporting company

1. Importer National or Regional

Importers handle the legalities of importing your cider into the country.

2. Distributor A distributor is needed in each state (potentially 50 states) where you intend to do business. Most distributors are state-based, however several service a number of states. In some states it is necessary or generally expected to have different distributors in different parts of the state. You do not have to assign your distributors – an established importer should already have a distributor network.

3. Retailer or Restaurant (On-Premise or Off-Premise)

The distributor’s sales team calls on accounts to sell your cider. Samples are often needed, particularly for ciders new to the market.

Consumer A consumer purchases your cider in a liquor store,

supermarket or restaurant.


• The products will be imported by the holder of a Federal Importer’s Basic Permit.

• All applicable taxes and duties will be paid.

• A sticker will be affixed to every container (bottle or box) which reads, ‘For Trade Show (or Sample) Purposes

Only – Not for Sale’.

• A label will be affixed to every container which bears the government health warning statement (refer to A6 in

Labelling Requirements).

• An additional label will be affixed which reads ‘Contains Sulfites’ (if applicable).

It is the responsibility of the importer to obtain the COLA waiver. A template of the letter can be downloaded from the

TTB website - www.ttb.gov/itd/importing_samples.shtml.

Direct Shipping Laws The USA has complex shipping laws which vary from state to state. Each state has its own alcohol laws. Some states

have ‘reciprocal’ agreements with other states allowing for direct shipments while other states prohibit direct shipping

entirely. The following information was obtained from the Wine Institute.

Source: Wine Institute –

click here for an

interactive map

Open-Permit: States that have passed legislation allowing producers to ship to consumers provided the producer

complies with any licensing and reporting requirements. Most typically these laws follow the Wine Industry Model

Direct Shipping Bill. The common provisions of these laws are:

• Obtaining a license or permit prior to shipping;

• Collection and payment of excise and/or sales taxes to the recipient state;

• Limits on the quantities of the shipments;

• Packaging requirements to ensure alcohol is not delivered to underage individuals;

• Reporting of shipments to the state authorities.

Open-Limited: States that have a statutory provision that allows for some form of limited direct shipment of alcohol to

consumers but does not require the producer to hold a permit. The Federal on-site states aren’t included here since

the state laws still show them as prohibited.

Prohibited: States that do not allow for any legal form of the direct shipment of wine to consumers.

http://www.ttb.gov/itd/importing_samples.shtml

https://wineinstitute.compliancerules.org/state-map/

http://www.wineinstitute.org/shipwine/Model_Direct_Shipping_Bill.pdf

http://www.wineinstitute.org/shipwine/Model_Direct_Shipping_Bill.pdf

https://wineinstitute.compliancerules.org/state-map/


Contacts Cider Australia

T: +61 434 559 759

E: [email protected]

Austrade Boston

745 Atlantic Avenue, 8th Floor

Boston MA 02111 USA

T:+1 646 344 8111

F:+1 212 867 7710

Austrade Chicago

123 North Wacker Drive

Suite 1325

Chicago IL 60606 USA

T: +1 312 374 9401

F: +1 312 578 0372

Austrade Houston

3009 Post Oak Blvd

Suite 1310

Houston TX 77056 USA

T: +1 832 962 8420

F: +1 832 831 2022

Austrade New York

Australian Consulate General

150 East 42nd Street, 34th Floor

New York NY 10017 USA

T: +1 646 344 8111

F: +1 212 867 7710

Austrade San Francisco

575 Market Street

Suite 1800

San Francisco CA 94105 USA

T: +1 415 644 3620

F: +1 415 536 1982

Austrade Washington DC

Australian Embassy

1601 Massachusetts Avenue

NW Washington DC 20036 USA

T: +1 202 454 9744

F: +1 202 454 9760

Alcohol and Tobacco Tax and Trade Bureau (TTB)

mailto:[email protected]

https://www.austrade.gov.au/dealerlocator/locatorDetailsPage.aspx?back=1&storeID=154

http://www.austrade.gov.au/dealerlocator/locatorDetailsPage.aspx?back=1&storeID=9

https://www.austrade.gov.au/dealerlocator/locatorDetailsPage.aspx?back=1&storeID=152




http://www.ttb.gov/


1310 G Street, NW

Box 12

Washington DC 20005 USA

T: +1 202 453-2000

E: [email protected]

Customs and Border Protection

1300 Pennsylvania Avenue, N.W

Washington D.C. 20229 USA

T: +1 202 927 0760

Website Resources Cider Australia – www.cideraustralia.org.au

Austrade Online – www.austrade.gov.au

Department of Foreign Affairs & Trade – www.dfat.gov.au

Bureau of Alcohol, Tobacco, Tax & Trade – www.ttb.gov

Customs and Border Protection – www.cbp.gov

United States Department of Agriculture (USDA) – www.fas.usda.gov

Wine Institute – www.wineinstitute.org

mailto:[email protected]

http://www.cbp.gov/

http://www.cideraustralia.org.au/

http://www.austrade.gov.au/

http://www.dfat.gov.au/

http://www.ttb.gov/

http://www.cbp.gov/

http://www.fas.usda.gov/

http://www.wineinstitute.org/