Launching a new beverage in the U.S. runs through three federal checkpoints—permit, formula (when required), and label—followed by state steps. This guide walks you through the exact order, common forks in the road, and the documents to collect so your first submission is your only submission.
Workflow
- Get qualified in Permits Online (PONL).
- Decide if a formula is required (and whether a lab sample or flavor data is needed).
- Prepare and file your label in COLAs Online (or, if eligible, a Certificate of Exemption for intrastate-only sales).
- Handle state approvals (brand/label registrations, price posting, etc.) before selling.
Step 1 — Confirm you have the right federal authorization (before product work)
- Create/Log in to Permits Online and use the wizard to generate the exact application package you need (e.g., importer basic permit, wholesaler basic permit, brewer’s notice, distilled spirits plant). There’s no fee to apply.
- Keep your DBAs/trade names accurate on your permit; they must match what will appear on your label and on your COLA application later.
Tip: Set up your COLAs Online and Formulas Online user accounts while your permit is pending; TTB posts current registration processing times for those systems so you can plan access.
Step 2 — Decide if you need formula approval (and what proof TTB wants)
Not every product needs a formula, but many do—especially if you add flavors, colors, or non-traditional ingredients/processes. Use TTB’s decision tools and commodity pages to confirm before you design labels.
If formula approval is required:
- File in Formulas Online. TTB may also require a lab sample (it will tell you if so).
- For distilled spirits, check pre-COLA product evaluations—certain classes (e.g., liqueurs with dairy, bitters) require a pre-COLA sign-off you must attach to your COLA later.
- If you use compounded flavors, you may need a Flavor Ingredient Data (FID) Sheet and, where applicable, a Limited Ingredient worksheet; TTB explains how to complete these.
- Track current formula processing times to forecast launch dates.
Step 3 — Prepare the label and file your COLA (or, if eligible, an exemption)
3A) If your product needs a COLA
- File in COLAs Online via the labeling hub. TTB’s commodity pages (wine, spirits, malt beverage) link to mandatory-info checklists.
- Review TTB’s allowable revisions list—if your change is on the list, you can update the label without filing a new COLA.
- Ensure DBA/trade names on the COLA exactly match your permit and your label art (a frequent rejection point).
- Check current label processing times (TTB posts rolling medians).
3B) If your product qualifies for a Certificate of Exemption (intrastate sale only)
- For wine or distilled spirits sold only within the bottling state (no interstate/foreign commerce), apply for a certificate of exemption on the same form (TTB F 5100.31). Labels must bear “For sale in [State] only.”
- Malt beverages sold only intrastate are not required to obtain a COLA or a certificate of exemption under current federal rules. Keep proof of eligibility and follow state law.
3C) Special cases where a COLA is not required (but other rules apply)
- Wine ≤ 7% ABV is under FDA labeling (ingredient/nutrition/allergen); no TTB COLA or FDA pre-approval.
- Beers that are not “malt beverages” under the FAA Act (e.g., brewed without both malted barley and hops) follow FDA labeling instead of TTB’s Part 7; the ABLA health warning still applies at ≥0.5% ABV.
Step 4 — Don’t forget state approvals (after federal)
Federal approval does not authorize sale in a given state. Many states require brand/label registrations or product filings before you ship or sell.
- New York: Brand Label Registration is required for liquor, beer, wine products, and wines ≤7% ABV. Wine >7% ABV needs federal approvals/appointment letters.
- Texas: TABC Product Registration approval is required prior to sale/shipment into Texas (fees and specific filing rules, e.g., one COLA per application).
Key 2024–2025 federal updates that may affect your filings
- American Single Malt Whisky is now an official standard of identity (final rule 18, 2024, effective Jan. 19, 2025). If this touches your product, make sure your class/type and label claims reflect the new definition.
- Standards of Fill expanded (2025) for wine & distilled spirits—use the new authorized container sizes when setting net contents.
What to gather before you click “Submit”
- Entity & permit info (including any DBAs/trade names you plan to show on labels).
- Formula (if required), plus any lab sample request, FID sheets, and limited-ingredient
- Label art that meets mandatory-info rules for your commodity (brand name, class/type, ABV, net contents, name/address, health warning, and any special disclosures).
- Decision on COLA vs. Exemption (intrastate-only) and the required “For sale in [State] only” statement if using an exemption.
Common pitfalls (and how to avoid them)
- Wrong sequence (label before formula): many products require formula approval prior to COLA—submissions out of order will be refused.
- Name/DBA mismatch between permit, COLA, and label: confirm the trade name is approved on your permit and appears exactly the same on label and application.
- Unnecessary resubmissions for minor edits: check allowable revisions before filing a new COLA.
- Forgetting state filings after federal approval: e.g., NY SLA and Texas TABC require separate product approvals. Calendar these with your launch plan.
FAQs
Do importers need a COLA?
Yes. After obtaining the Importer’s Permit, importers must obtain a COLA for each unique product/label (with limited waiver pathways for certain show samples). File electronically in COLAs Online.
How long will the review take?
TTB posts current median processing times for both formulas and labels; check those charts when planning your launch date.
Can I sell only in-state without a COLA?
For wine/spirits sold only in the bottling state, you can apply for a certificate of exemption (and must add “For sale in [State] only” on the label). Malt beverages sold exclusively intrastate do not require a federal COLA or exemption, but must comply with state law and ABLA.