See, I know the TTB and health dept. will be more involved, but the request of the customer was for FDA approved materials. If breweries get around this because the TTB doenst care about FDA approvals, then that is the answer.
Also, FDA does not regulate breweries. That is left up to the TTB.
Some info about the FDA and beer, more on there web side.
For example, manufacturers of alcoholic beverages are responsible for adhering to the registration of food facilities requirements in 21 CFR part 1 and to the good manufacturing practices in 21 CFR part 110. However, as reflected in the 1987 Memorandum of Understanding (MOU) between FDA and TTB's predecessor agency (ATF) (Ref. 2),
TTB is responsible for the promulgation and enforcement of regulations with respect to the labeling of distilled spirits, wines, and malt beverages pursuant to the FAA Act.
The law authorized the FDA to demand evidence of safety for new drugs, issue standards for food, and
conduct factory inspections.
Read FDA Food Code 2009, chapter 4, Equipment, Utensils and Lines.
The definition of "food" under the FFDCA includes "articles used for food or drink" and thus includes alcoholic beverages. See 21 U.S.C. 321(f).
In TTB Ruling 2008-3, dated July 7, 2008, TTB clarified that certain beers, which are not made from both malted barley and hops but are instead made from substitutes for malted barley (such as sorghum, rice or wheat) or are made without hops, do not meet the definition of a malt beverage under the FAA Act.3 Accordingly, TTB stated in its Ruling that such products (other than sake, which is classified as a wine under the FAA Act), are not subject to the labeling, advertising, and other provisions of the TTB regulations promulgated under the FAA Act.
In cases where an alcoholic beverage is not covered by the labeling provisions of the FAA Act, the product is subject to ingredient and other labeling requirements under the FFDCA and the implementing regulations that are administered by FDA.
Labels of beers that are subject to FDA's labeling requirements must conform to the requirements in 21 CFR part 101.
Its good to know somebody looking out for us brewers
Cheers,
ClaudiusB
