Sake is labeled like wine but taxed like beer, so it raises its own TTB questions. Lindsey Zahn P.C. advises sake importers and producers on formulas, sample analysis, labels, FDA rules, and New York requirements.
Sake is unique. TTB regulates it as a wine for labeling and advertising under the Federal Alcohol Administration Act but taxes it as a beer under the Internal Revenue Code. Domestic sake at or above 7% alcohol by volume typically needs formula approval, and imported sake at that strength generally needs a formula and sample analysis. Traditional sakes under 7% generally don’t need TTB formula approval but fall under FDA labeling rules.
With potential issues spanning two or more agencies, Lindsey Zahn P.C. helps domestic sake producers, overseas suppliers, and importers understand what it takes to sell in the U.S.
How the Firm Helps
- Determine the right federal TTB permit for your business
- Draft and file the federal basic permit application with TTB
- Update and amend TTB permits
- Draft and file state license applications, and keep them current
- Draft and submit formulas to TTB when required
- Review labels for federal compliance and represent you before TTB during the COLA process
- Review sake labels under FDA or TTB rules, depending on jurisdiction
- Provide ongoing compliance guidance
Process and Timeline
- Plan the right structure. The firm maps your products and sales plans to the federal permit and state licenses you need.
- Federal permit. The firm prepares and files the importer permit or producer permit with TTB.
- State licensing. The firm prepares the state license, including New York State Liquor Authority filings for New York businesses.
- Formulas and labels. Before launch, the firm handles formulas, label review, and COLAs so products can ship on time.
Federal and state applications can often be prepared in parallel. Plan for agency review on both before your opening or launch date, and file labels and formulas once your permits are on track.
Recent Representations
- Advised a sake importer on formulas for imported sake at or above 7% alcohol by volume
- Filed formulas with TTB for sake products
- Oversaw submission and approval of TTB-regulated sake labels
- Reviewed labels for a sake under 7% alcohol by volume for FDA compliance
Prior results do not guarantee a similar outcome.
Frequently Asked Questions
Is sake regulated as wine or beer?
Both, in a sense. TTB treats sake as wine for labeling and advertising but taxes it as beer, and sake under 7% alcohol by volume is labeled under FDA rules.
Does the firm work with businesses outside New York?
Yes. TTB and FDA requirements apply nationwide, and the firm represents clients across the United States on federal matters. It handles New York State Liquor Authority filings directly and advises on other states’ rules as your distribution grows.