Spotlight: Alcohol Brand Registration Requirements

 

The Spotlight series is intended to provide helpful information about important licenses, permits, and registrations issued by the State of Florida. This installation is regarding the brand/label registration (commonly referred to as simply “brand registration”) required by the Division of Alcoholic Beverages and Tobacco.

Glover Law works with a diverse group of clients regulated by the Department of Business and Profession Regulation and other state agencies. Contact us for more information on the application process.

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What is a brand registration?

Alcoholic beverages cannot be sold in Florida or moved into Florida without a brand/label registration. All manufacturers, brewers, bottlers, distributors, and importers of malt beverages; primary American sources of supply of wine; and primary American sources of supply of spirit beverages must ensure that each brand/label of any alcoholic beverages sold or moved within the state of Florida is registered.

How do I apply for a brand registration?

An applicant must submit the application itself, the application fee, and federal label approval. There are also special requirements depending on the category of alcohol the brand/label falls under. The categories are: spirit, malt, wine, and other. The “other” type of brand/label includes wine or cider beverages less than 7% alcohol content, beer beverages with no malt, and wine or spirits beverages produced and shipped only in Florida. The application fee also varies depending on the category with malt and spirit priced at $30, wine at $15, and other at $0. 

If the brand/label is registered with the U.S. Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau, you will need to submit its 14-digit TTB identification number.

The application can be found at this link.

Can I transfer my brand registration to another party?

There is no way to transfer a brand registration to another party. The new registrant must apply for registration as if it were a new brand.

Must I report container size information?

Container sizes do not have to be reported, but all federal and state laws regarding container size must still be followed.  If different container sizes require separate federal approval, they would require separate federal label approvals and would require two different brand/label registrations with DBPR.

Alcohol by volume or proof is also not required to be reported for brand/label registration. However, you are still required to follow all applicable laws regarding proof laid out in Section 565.07, Florida Statutes. Spirit brands registered must be in containers approved by the government that do not exceed 1.75 liters (59.18 ounces) and must be no greater than 153 proof.  Malt brands must be in containers of 32 ounces of less or packaged in bulk or kegs or barrels or in a container holding one gallon or more as laid out in Section 563.06 (6), Florida Statutes. Wine brands must be in containers approved by the federal government and that do not exceed 1 gallon unless it is in a reusable container holding 5.16 gallons pursuant to Section 564.05, Florida Statutes.

Are brewers required to submit any exclusive sales territory agreements?

You are not required to submit an exclusive sales territory agreement between the manufacturer or importer and the distributor as part of a malt beverage brand/label application. However, you must attest that such an agreement exists and is on file with the Division as part of your application. Malt brands must have the word “Florida” of “FL” unless the manufacturer has applied for an exemption pursuant to Section 563.06 (5) (6), Florida Statutes.

Will I be audited by the state?

All brand applicants are subject to audit. If your brand or label is audited, you may be asked to provide proof of any Florida statutory requirement. That request may include proof of registration with the Florida Department of State, exclusive territory agreements, a copy of “Florida” or “FL” imprinting (or exemption thereof), exclusive agreements, etc.


Please note that this page is made available by the law firm for educational purposes only, and that it is not intended to provide specific legal advice. Visiting this page does not create an attorney-client relationship between you and the firm.