Starting a new winery, brewery, or distillery is an exciting and rewarding endeavor. Whether you’re launching a boutique spirits brand, opening a local tasting room, or scaling a production facility, your vision must be backed by a strong foundation of regulatory compliance.
Alcohol production and sales are some of the most heavily regulated industries in the U.S., and noncompliance can delay launches, disrupt business operations, or even lead to enforcement action.
Here are some key compliance considerations for new alcohol beverage producers:
Federal Permitting: TTB Basics
Before producing or selling alcohol, your business must obtain approval from the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). This typically includes:
- Federal Basic Permit (for wineries, breweries, and distilleries)
- Brewer’s Notice, Bonded Winery, or DSP Permit (for distilled spirits plants)
- Label and formula approvals (as applicable)
- Registration of trade names
TTB applications require detailed information about your operations, premises, ownership, and control. Any missing or inconsistent information can lead to delays.
State-Level Licensing
In addition to federal approvals, you’ll need state-level permits from the state alcohol regulatory authority—such as the New York State Liquor Authority (“NYSLA”)—iif operating in New York.
State requirements vary significantly by jurisdiction and may include:
- Manufacturing licenses (e.g., Farm Winery, Microbrewery, Craft Distillery)
- Retail/on-premise privileges
- Bonding and financial disclosures
- Zoning and local municipal approvals
Understanding the nuances between license types—especially those offering tax benefits or expanded privileges—can help structure your business more strategically.
Label and Formula Compliance
Even if your label looks great on a shelf, it must be legally compliant. Most wine, beer, and spirits products require:
- TTB label approval (or a Certificate of Label Approval or “COLA”)
- Formula approval (for flavored or non-traditional products)
- Ingredient sourcing verification
- Compliance with mandatory statements, such as alcohol content, health warnings, and class/type designation
Label errors are one of the top reasons for regulatory delays. Compliance review early in the design process is essential.
Zoning, Local Permits & Premises Control
Before you build out or open your facility, you may need to secure:
- Zoning clearance
- Fire and safety inspections
- Department of Health permits (for on-site tastings or food service)
- Lease or deed documentation showing control over the premises
Many of the above items can depend on local laws and regulations. Be sure to check local requirements before proceeding with the state license or federal permit applications.
Recordkeeping & Reporting Obligations
Once operational, your business must adhere to ongoing recordkeeping, filing, and tax payment obligations. This can include:
- Monthly or quarterly excise tax filings
- Bond requirements (depending on production and state)
- Operational reports to TTB and state authorities
- Inventory records for audits
Keeping clean, organized records is not only good business—it’s a regulatory requirement.
Advertising, Social Media & Trade Practice Compliance
Alcohol advertising is subject to federal and state restrictions. You’ll need to avoid:
- Misleading health or wellness claims
- Improper statements of origin
- Unlawful tied house arrangements or inducements
Whether you’re promoting your products online or through tastings, it’s important to align marketing strategy with regulatory expectations.
Contracts & Key Relationships
Finally, your business will need clear, compliant agreements with:
- Co-packers, contract manufacturers, and alternating proprietors
- Distributors and wholesalers
- Licensing or branding partners
- Retailers (especially for events and tastings)
A legal review of these agreements ensures that your rights are protected and your operations remain compliant.
Ready to Launch? We’re Here to Help.
Lindsey Zahn P.C. assists wineries, breweries, and distilleries with all stages of regulatory compliance—from pre-launch licensing to ongoing operations and brand protection.
Whether you’re just getting started or expanding your footprint, we can guide you through the federal and state permitting process, review your labels and contracts, and provide proactive legal counsel tailored to the alcohol beverage industry.
Contact us today to schedule a consultation and make sure your business starts—and stays—on the right legal path.