(a) What a COLA authorizes. An approved TTB Form 5100.31 authorizes the bottling of distilled spirits covered by the certificate of label approval (COLA), as long as the container bears labels identical to the labels appearing on the face of the COLA, or labels with changes authorized by TTB on the COLA or otherwise (such as through the issuance of public guidance available on the TTB website at https://www.ttb.gov).
(b) When to obtain a COLA. The COLA must be obtained prior to bottling. No bottler may bottle distilled spirits, or remove distilled spirits from the premises where bottled, unless a COLA has been obtained.
(c) Application for a COLA. The bottler may apply for a COLA by submitting an application to TTB on Form 5100.31, in accordance with the instructions on the form. The bottler may apply for a COLA either electronically by accessing TTB's online system, COLAs Online, at https://www.ttb.gov, or by submitting the paper form. For procedures regarding the issuance of COLAs, see part 13 of this chapter.
Notes of Decisions
Maker's Mark Distillery, Inc. v. Diageo North Am., Inc., 679 F.3d 410 (6th Cir. 2012).
“In recognition of bourbon’s unique place in American culture and commerce, and in the spirit of the Taft decision, Congress in 1964 designated bourbon as a “distinctive product[ ] of the United States,” 27 C.F.R. § 5.22 (Z )(1), and prescribed restrictions on which distilled…”
Sazerac Brands, LLC v. Peristyle, LLC, 892 F.3d 853 (6th Cir. 2018).
“27 C.F.R. § 5.22 (b)(1)(i). It must be distilled to no more than 160 proof, barreled at no more than 125 proof, and bottled at no less than 80 proof.”
Brown-Forman Corp. v. George Miller, 528 S.W.3d 886 (Ky. 2017).
“27 C.F.R. § 5.22 . Before being labelled bourbon, the distilled spirit must be aged a minimum of two-years in new charred-oak barrels.”
Cont'l Distilling Corp. v. Shultz, 472 F.2d 1367 (D.C. Cir. 1972).
· cites it 3× “27 C.F.R. § 5.22 (b) (3) (1972). The effective date of this new regulation was July 1, 1972, 3 whereupon, whisky distilled since January 26, 1968, and stored in reused cooperage, could be marketed with the light whisky label and the statement of age, “-- years old,” without…”
Sazerac Brands, LLC v. Peristyle, LLC (6th Cir. 2018).
“27 C.F.R. § 5.22 (b)(1)(i). It must be distilled to no more than 160 proof, barreled at no more than 125 proof, and bottled at no less than 80 proof.”
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