Letter to Administrator John J. Manfreda, Alcohol and Tobacco Tax and Trade Bureau - Take Your Buzz Words Off of New York's Hard Cider

Letter

Dear Administrator Manfreda:

My constituents, including the New York Cider Association, have informed me of their concerns with a proposed rule which would mandate the use of the terms "sparkling' or "carbonated' for their hard ciders products. It is my understanding that the use of these terms for a certain level of hard cider carbonation would not clarify any distinction for consumers or regulators and could cause confusion or degrade the image of hard cider products. I urge the Alcohol and Tobacco Tax and Trade Bureau (TTB) to withdraw the proposal mandating that hard cider producers use the terms "sparkling' or "carbonated' in their labeling.

I was the author of the CIDER Act of 2015 and helped pass this needed legislation as part of the PATH Act of 2015. The CIDER Act eliminated unnecessary burdens on cider producers by clarifying the alcohol and CO2 limits in hard cider, clarifying the definition of hard cider, and simplifying its taxation for cider makers. The Act specifically replaced the old 0.392 grams of CO2 per 100ml limits for hard cider with a threshold of 0.64 grams.

TTB has since issued a proposed regulation to implement the Act. One of the provisions in this proposed rule would mandate the labeling of hard ciders containing carbonation between 0.392 grams and 0.64 grams of CO2 per 100 ml as 'sparkling' or 'carbonated'. TTB has stated that this labeling is necessary to confirm the new tax status of hard cider above the old carbonation limits and to conform with regulations regarding the labeling of carbonated wine. However, the CIDER Act clarified the definition for hard cider in the internal revenue code, separating it from carbonated wines, and eliminated the old carbonation limits. It is unclear why TTB could not simply address these issues through the regulatory process without mandating harmful changes to the labeling of hard cider. Cideries in New York have expressed their concern that this labeling would create confusion and undermine their brand. As the author of the CIDER Act, I can confirm that the proposed labeling was not intended by the CIDER Act.

I would urge TTB to carefully consider the submission made by the New York Cider Association concerning this proposed regulation (Docket ID: TTB-2016-0014). Again, I urge the Alcohol and Tobacco Tax and Trade Bureau (TTB) to withdraw the proposal mandating that hard cider producers use the terms "sparkling' or "carbonated' in their labeling.

Thank you for your attention to this matter.

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