TTB Revises Regs to Require Cochineal & Carmine Labeling on Alcohol
The Alcohol and Tobacco Tax and Trade Bureau (TTB) issued a final rule revising its regulations to require the disclosure of the presence of cochineal extract and carmine on the labels of any alcohol beverage product containing one or both of these color additives. The final rule is effective May 16, 2012, but TTB is allowing a one-year transitional period to allow more time for bottlers and importers to exhaust their label stocks. Accordingly, the requirement to disclose the presence of these color additives will become mandatory for products that are removed on or after April 16, 2013.
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(On February 5, 2009, the Food and Drug Administration published a final rule requiring cochineal extract and carmine to be declared by name on the labels of all food and cosmetic products containing one or both of these color additives. FDA said the requirement was adopted in response to reports of severe allergic reactions, including anaphylaxis. This final rule responds to the FDA final rule. Neither the FDA final rule, nor this TTB final rule, requires labels to disclose that these color additives are derived from insects. See ITT’s Online Archives 09010799 for summary of the FDA’s 2009 final rule.)
New COLA Not Necessary if Only Change is Cochineal/Carmine Warning
TTB said it's adopting the policy that labels covered by existing Certificates of Label Approval (COLA) which are revised solely to include the mandatory cochineal or carmine declaration are considered approved by TTB and do not require further approval. Bottlers and imports also do not require a new COLA to add a new neck or strip label solely to comply with the mandatory cochineal or carmine declaration. Any other changes to the label, other than those permitted in accordance with the instructions listed on the COLA application, will require the submission of a new COLA for approval.
(See ITT’s Online Archives 11010215 for summary of TTB’s proposed rule on cochineal and carmine labeling, published in November 2010.)