Follow the instructions for completing the application process using the "Getting Started in the Brewery Industry" page.
Brewery/Brewpub/Micro Brewery - If you are interested in producing beer, malt beverages, or Saké for sale, operating a brewpub, or wish to alternate brewery premises with another brewery, you must complete an Application for New Brewery, Micro Brewery, or Brewpub
Brewery/Brewpub/Micro Brewery - If you are interested in producing beer, malt beverages, or Saké for sale, operating a brewpub, or wish to alternate brewery premises with another brewery, you must complete an Application for New Brewery, Micro Brewery, or Brewpub
Tabacco Tax and Trade Bureau (TTB)
Register with Alcohol and Tabacco Tax and Trade Bureau (TTB)
Plan on at least 90 days
TTB Forms
Have $1000 for bond
Plan on at least 90 days
TTB Forms
Have $1000 for bond
Brewer’s Notice (TTB F 5130.10)
This process will probably take you at least 100 days. The information required includes the following:
This process will probably take you at least 100 days. The information required includes the following:
- the brewery’s name (from step 1);
- information related to your business structure (from step 2); and
- information related to the brewery’s location, facility, and equipment (from step 3).
- articles of incorporation/organization;
- trade name registrations;
- certificate to transact business in a foreign state; power(s) of attorney;
- diagram (with dimensions) of the brewery/brewpub;
- legal description of the brewery;
- supplemental information on water quality considerations;
- personnel questionnaires for relevant parties to the business;
- by-laws; partnership agreement(s);
- environmental information; and/or
- a statement describing the security at the brewery.
Brewer’s Bond (TTB F 5130.22) or Brewer’s Collateral Bond (TTB F 5130.25)
This requirement exists so that the federal government can ensure that the brewery pays its taxes. Bonds are obtained through surety companies (typically insurance companies). The bond must be obtained before the brewery begins making beer, and must be kept active as long as the brewery is still operating. Where the brewery anticipates tax liability of less than $1,000, the brewery is required to obtain a bond for $1,000 in coverage (costing $100/year, 4 years payment of $400 required up front).
This requirement exists so that the federal government can ensure that the brewery pays its taxes. Bonds are obtained through surety companies (typically insurance companies). The bond must be obtained before the brewery begins making beer, and must be kept active as long as the brewery is still operating. Where the brewery anticipates tax liability of less than $1,000, the brewery is required to obtain a bond for $1,000 in coverage (costing $100/year, 4 years payment of $400 required up front).
Personnel Questionnaire (TTB F 5000.9)
The TTB requires a completed personnel questionairre from each officer, director, member, partner, and shareholder with a 10% or higher interest in the brewery. Applicants need to divulge the following: whether these individuals have ever been arrested and/or convicted for violating liquor or tobacco products or other state or federal laws; employment history; personal references; and more.
The TTB requires a completed personnel questionairre from each officer, director, member, partner, and shareholder with a 10% or higher interest in the brewery. Applicants need to divulge the following: whether these individuals have ever been arrested and/or convicted for violating liquor or tobacco products or other state or federal laws; employment history; personal references; and more.
Environmental Information (TTB F 5000.29)
The TTB requires that an upstart brewery complete an environmental information assessment, in order to determine whether the brewery’s activity will have a significant impact on the environment. Applicants must indicate the type and source of heat and power the brewery will use, any air pollution control equipment that will be used, and how solid and liquid waste will be monitored and disposed of.
The TTB requires that an upstart brewery complete an environmental information assessment, in order to determine whether the brewery’s activity will have a significant impact on the environment. Applicants must indicate the type and source of heat and power the brewery will use, any air pollution control equipment that will be used, and how solid and liquid waste will be monitored and disposed of.
Supplemental Information on Water Quality Considerations (TTB F 5000.30)
Upstart breweries must also provide sufficient information for the TTB to determine if the brewery will be in compliance with Federal water pollution laws and regulations. This form is required when brewery intends to discharge waste into a navigable waterway, and must disclose the details such a discharge.
Upstart breweries must also provide sufficient information for the TTB to determine if the brewery will be in compliance with Federal water pollution laws and regulations. This form is required when brewery intends to discharge waste into a navigable waterway, and must disclose the details such a discharge.
Get TTB Approval of Your Labels & Packaging
In order to keep this article somewhat shorter, I have outline this section in more detail on a separate page. Read more here.
In order to keep this article somewhat shorter, I have outline this section in more detail on a separate page. Read more here.
Taxes
Everyone knows that taxes are an inevitability in business. The brewing business is no exception. As I mentioned in Step 2, I highly recommend that a brewery acquire a Tax ID number from the IRS early on. This number will be used to pay federal taxes. At the time of this article, federal excise taxes are set at $18 per barrel, an amount that is reduced if a brewery makes less than 2 million barrels/year. Typically, a business will have to make estimated tax payments every quarter.
Everyone knows that taxes are an inevitability in business. The brewing business is no exception. As I mentioned in Step 2, I highly recommend that a brewery acquire a Tax ID number from the IRS early on. This number will be used to pay federal taxes. At the time of this article, federal excise taxes are set at $18 per barrel, an amount that is reduced if a brewery makes less than 2 million barrels/year. Typically, a business will have to make estimated tax payments every quarter.
FDA
You will need to register with FDA for a “Food Facility Registration”. This is tyipcally done after receiving a Brewer’s Notice. You can now complete this process online. The good news: There is no fee for registration! That is a pleasant surprise, right? The FDA has provided a Small Entity Compliance Guide to help business understand their obligations.
A brewery must also inform the FDA if it becomes aware that its product has been adulterated. A brewery typical has to show the FDA that the tampered-with product has been destroyed. The Brewer’s Association (a great resource for breweries) summarized this reporting requirement here.
A brewery must also inform the FDA if it becomes aware that its product has been adulterated. A brewery typical has to show the FDA that the tampered-with product has been destroyed. The Brewer’s Association (a great resource for breweries) summarized this reporting requirement here.