Embarking on the journey of importing wine into the U.S. is an exciting venture that promises great rewards. However, before diving headfirst into this endeavor, it is essential to familiarize yourself with the intricate requirements governing wine imports in the U.S. Given the highly regulated nature of the alcohol beverage industry, compliance with both federal and state regulations is imperative. At Lindsey Zahn P.C., we understand the complexities involved in wine importation and offer valuable insights to guide you through the process.
Who Regulates Wine in the U.S.?
On the federal level, several agencies oversee various aspects of wine imports:
- The Alcohol and Tobacco Tax and Trade Bureau (“TTB”): As a division of the Department of Treasury, the TTB plays a pivotal role in regulating the importation, production, and distribution of alcohol beverages in the U.S. For importers, the TTB regulates licensing, excise taxes, labeling, and formulation, among other areas. Notably, all labels for imported wines must receive TTB approval before entering U.S. commerce.
- The Food and Drug Administration (“FDA”): While primarily responsible for regulating food and drugs, the FDA also holds jurisdiction over certain aspects of alcohol beverages. Importers must ensure their overseas suppliers comply with FDA food facility registration requirements as well as adhere to prior notice regulations for all food and beverage shipments to the U.S. (Not an exhaustive list.)
- U.S. Customs and Border Protection: Customs serves as the initial point of entry for wine shipments into the U.S. Working in conjunction with the TTB and FDA, Customs enforces regulatory compliance and will not release goods into U.S. commerce without meeting specified requirements. Customs is also tasked with collecting federal excise taxes on alcohol shipped into the U.S.
How Do I Start a Wine Importer Company in the U.S.?
Starting a wine importing business entails numerous compliance considerations spanning federal, state, and potentially even local agencies. Below are just some of the items needed before a company can start importing wine into the U.S.
- Obtain an Employer Identification Number (EIN) from the IRS.
- Determine whether or not to set up a business entity and finalize ownership.
- Apply for a federal basic importer permit with the TTB.
- Address state-specific requirements, such as obtaining a license with the corresponding state alcohol beverage regulatory agency.
- Secure label approval or Certificate of Label Approval (COLA) from the TTB for each wine.
- Determine route to market and a list of states where sales will commence; research whether or not additional licensing is required.
- Obtain FDA Food Facility Registration Numbers for overseas suppliers and (if applicable) your facility.
- Fulfill duties, excise taxes, and any applicable state taxes or fees.
At Lindsey Zahn P.C., we’re dedicated to simplifying the complexities of wine importation and helping you navigate regulatory hurdles with confidence. Contact Lindsey Zahn P.C. to schedule an introductory meeting to discuss your needs and products and to learn more about how we can help: info@zahnlawpc.com or (929) ZAHNLAW (929-924-6529).