Monthly Mash December 2018

What are the most important things members need to know about the proposed rulemaking changes?

Nicole Austin: The most important thing to understand about this proposed rulemaking is that it is complex and extensive. There are high-profile proposals (such as barrel size requirements), but also a lot of more “inside baseball” changes that have the potential to greatly impact their business in unexpected ways in areas like exports and FDA approvals. My number-one recommendation is read the whole thing.

Mark Shilling: The single most important thing to know is that this is a process, not a vote. TTB has proposed a set of rules based on a wide range of input. Many of the changes aren’t changes at all, but rather an effort to move decades of TTB practices, policies and interpretations directly into the rules. Others are an attempt to capture and codify the changing beverage alcohol world in a way that is suitable to the ‘modern’ market, and still others are simply contemplations about what things might make for better support to a modern, innovative and rapidly expanding industry. Nothing in the proposal is a done deal, and TTB is looking for honest, solid and thoughtful comments on how the proposed rules might affect both producers and consumers. Our feedback should not be a simple “yes, this is good” or “no, this is bad.” We need to convey the impact, and in cases where we believe they are wrong, offer reasoned and deliberate alternatives (or justify not making a change at all.)

Why is it important for members to provide their feedback?

N.A.: ACSA will be combing the proposed rulemaking for items of interest to our membership and generating positions that we think best elevate and protect the craft spirits community, but no one knows your business better than you. If there’s an item of interest or concern in the proposed rulemaking, you are in the best position to tell us how it could impact your business.

M.S.: Publishing the proposal is not just for show. TTB is absolutely looking for our input, and as long as we provide effective, meaningful comments that do not conflict with the TTB mission, we will be heard and given utmost consideration.

What’s the best way they can learn more about it?

M.S.: The best way to learn more is to find a quiet spot and read the entire proposal. It is divided into parts with the first part being an explanation of the proposed changes, and then the various parts for wine, spirits, beer, and then marketing. Read it, think about it, talk with your colleagues. The best way to work through it is to discuss it. Participate in the forum discussion on the ACSA website, or call us.

N.A.: ACSA will be sharing guidance documents and positions throughout our comment-generating process, as well as hosting a forum at the convention in February. Read your emails and attend the convention!

What should be included in member feedback, what form should it take and how will it get to TTB?

M.S.: Add your comments via the online form. We will read, discuss, compile and present to TTB. As I mentioned above, it’s not a vote and TTB will not make decisions based on the number of comments they receive about any given section. They will make decisions based on the quality of the comments and their ultimate support of the TTB mission of insuring honest and accurate information to the consumer.

N.A.: The member feedback collected through the survey, as well as feedback from the Legislative Committee directly, will be presented to the ACSA Board of Directors to support the generation of draft comments. These will be discussed in the member forum at the convention in February, after which final comments will be generated and approved by the Board prior to submission to the TTB via the public comment submission process. Individual businesses may also submit comments through the TTB’s public comment portal.