Export Market Guide - United States
This content is restricted to wine exporters and levy-payers. Some reports are available for purchase to non-levy payers/exporters.
Regulatory information for exporting wine goods to the United States including the regulatory environment, duties and taxes, and permitted additives.
Unless an exemption has been granted by Wine Australia, grape products exported from Australia must comply with the Food Standards Code. Accordingly, the labelling and wine standards information in Wine Australia’s Export Market Guides should be read in conjunction with Wine Australia’s Licensing and Compliance Guide which contains the requirements of the Food Standards Code and applicable exemptions.
Australia and the USA have a close relationship with similar values and a cultural affinity. This is underpinned by the defence and security alliance between the two countries. The US is Australia’s most important trading partner. In 2005, the Australia-United States Free Trade Agreement was signed, further strengthening the trade and investment links.
In 2001, Australia and the United States signed the Mutual Acceptance Agreement on Oenological Practices, an initiative of the World Wine Trade Group. The essential element of the Agreement is that each country will permit the importation of wines from another signatory country as long as the wine is made in accordance with the producing countries’ domestic laws on oenological practices.
In January 2007, the World Wine Trade Group signed an Agreement on Requirements for Wine Labelling. The labelling agreement allows for the possibility of a single ‘global’ label through eliminating mandatory placement requirements and introducing a ‘single field of vision’ concept. Refer to Additional Labelling Information for further details.
The US market is very complex and highly regulated. Regulations regarding sales and distribution of wine vary from state to state, and individual municipalities may also have their own set of rules. The information in this report should be used as a guide only. It is recommended that companies intending to export to the USA consult with a licensed importer and/or the US Alcohol, Tobacco, Tax & Trade Bureau (TTB), which regulates the sale and movement of all alcoholic beverages in the USA.
Regulatory environment
The US alcoholic beverage market is very complex and highly regulated. The Alcohol and Tobacco Tax and Trade Bureau (TTB) regulate the sale and movement of all alcoholic beverages in the USA. The TTB administer Title 27 – Code of Federal Regulations. The Food and Drug Administration (FDA) administer Title 21 – Food, Drug and Cosmetic Act and the Bioterrorism Act. The US Customs and Border Protection (CBP) regulates the import process.
For the purposes of labelling, TTB only regulates alcoholic beverages with 7% and above abv (alcohol by volume). Alcohol below 7% abv is administered by the Food and Drug Administration.
Alcohol laws are set out in the Code of Federal Regulations (CFR) as follows:
Laws
• Title 26 CFR – Internal Revenue Code (TTB)
• Title 27 CFR – Federal Alcohol Administration Act (TTB)
• Title 21 CFR – Food, Drug and Cosmetic Act (FDA) (wine below 7% abv)
Regulations
• Part 1 – Basic Permit Requirements Under the Federal Alcohol Administration Act
• Part 4 – Labeling and Advertising of Wine (wine 7% abv and above)
• Part 16 – Alcoholic Beverage Health Warning Statement
• Part 24 – Wine
• Part 27 – Importation of Distilled Spirits, Wine and Beer.