TTB Form 5110.38 "Formula for Distilled Spirits Under the Federal Alcohol Administration Act"

What Is TTB Form 5110.38?

This is a legal form that was released by the U.S. Department of the Treasury - Alcohol and Tobacco Tax and Trade Bureau on March 1, 2010 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on March 1, 2010;
  • The latest available edition released by the U.S. Department of the Treasury - Alcohol and Tobacco Tax and Trade Bureau;
  • Easy to use and ready to print;
  • Yours to fill out and keep for your records;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of TTB Form 5110.38 by clicking the link below or browse more documents and templates provided by the U.S. Department of the Treasury - Alcohol and Tobacco Tax and Trade Bureau.

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Download TTB Form 5110.38 "Formula for Distilled Spirits Under the Federal Alcohol Administration Act"

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OMB No. 1513-0046 (03/31/2016)
DEPARTMENT OF THE TREASURY
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)
FORMULA FOR DISTILLED SPIRITS UNDER THE FEDERAL ALCOHOL ADMINISTRATION ACT
( See instructions and conditions below)
1. CLASS AND TYPE OF PRODUCT
2. NAME, ADDRESS, AND PLANT NUMBER(S) OF MANUFACTURER (See instructions)
3. PROOF (Range may be shown)
4. FORMULAS SUPERSEDED:
PLANT NUMBER
FORMULA NUMBER
5. FORMULA (Use space here or at the top of the next page)
6. DATE
7. MANUFACTURER
8. BY (Signature and Title)
FOR TTB USE ONLY (Items 9, 10, and 11)
LABELING (finished product only)
9.
Harmless coloring, flavoring, or blending materials
must not total more than 2.5% by volume of the
The designation of the product must include a
finished product.
truthful and adequate statement of composition.
Sugar, dextrose or levulose, or a combination
The label must indicate the use of:
thereof must be used in an amount not less than
2.5% by weight of the cordial or liqueur.
Caramel
Certified color
The use of refining agents must not alter the basic
Artificial flavor
Wine
characteristics or composition of the spirits.
The blended whiskey must contain not less than
20% straight whiskey on a proof gallon basis.
10. DATE
11. APPROVED - TTB SPECIALIST FOR THE ADMINISTRATOR, ALCOHOL AND
12. FORMULA NUMBER
TOBACCO TAX AND TRADE BUREAU.
TTB F 5110.38 (03/2010)
OMB No. 1513-0046 (03/31/2016)
DEPARTMENT OF THE TREASURY
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)
FORMULA FOR DISTILLED SPIRITS UNDER THE FEDERAL ALCOHOL ADMINISTRATION ACT
( See instructions and conditions below)
1. CLASS AND TYPE OF PRODUCT
2. NAME, ADDRESS, AND PLANT NUMBER(S) OF MANUFACTURER (See instructions)
3. PROOF (Range may be shown)
4. FORMULAS SUPERSEDED:
PLANT NUMBER
FORMULA NUMBER
5. FORMULA (Use space here or at the top of the next page)
6. DATE
7. MANUFACTURER
8. BY (Signature and Title)
FOR TTB USE ONLY (Items 9, 10, and 11)
LABELING (finished product only)
9.
Harmless coloring, flavoring, or blending materials
must not total more than 2.5% by volume of the
The designation of the product must include a
finished product.
truthful and adequate statement of composition.
Sugar, dextrose or levulose, or a combination
The label must indicate the use of:
thereof must be used in an amount not less than
2.5% by weight of the cordial or liqueur.
Caramel
Certified color
The use of refining agents must not alter the basic
Artificial flavor
Wine
characteristics or composition of the spirits.
The blended whiskey must contain not less than
20% straight whiskey on a proof gallon basis.
10. DATE
11. APPROVED - TTB SPECIALIST FOR THE ADMINISTRATOR, ALCOHOL AND
12. FORMULA NUMBER
TOBACCO TAX AND TRADE BUREAU.
TTB F 5110.38 (03/2010)
Item 5.
GENERAL INSTRUCTIONS
Every person who is required to file a formula under 27 CFR Parts 5, 7,
(a) List all ingredients which will be used. Flavoring or blending
materials must be identified by flavor title, and the name and
19, 24, and 25, will submit this form to the Advertising, Labeling, and
address of the manufacturer or the importer; if alcoholic, the
Formulation Division, Alcohol and Tobacco Tax and Trade Bureau,
percentage of alcohol by volume and the manufacturer's
1310 G Street, NW, Washington, DC 20220. Permit approval and
commercial formula number; or if approved on TTB F 5110.38,
formula approval are required prior to manufacture of any product
the formula number and date of approval.
requiring a formula. Production may begin when the proprietor receives
an approved formula on TTB F 5110.38.
(b) Identify all coloring agents added directly to the product or
contained in flavoring materials. Certified food colors must be
The number of copies to be filed is as follows: two copies for TTB's
identified by FD&C number, for example "FD&C Yellow No. 5."
records, and either one additional copy, or one additional copy for
each facility identified in item 2.
(c)
If any type of wine (including vermouth) is to be used in the
product, state the kind, percentage of wine to be used, whether the
If the formula is approved, two copies will be retained by TTB and
the remaining approved copy(ies) will be sent to the addressee. The
wine is domestic or imported, whether the wine contains added wine
spirits, and the percentage of alcohol by volume of the wine.
addressee will forward approved copies (or two-sided reproductions)
to each facility identified in item 2. The copy(ies) must be retained
(d) If the finished product is to be labeled as containing a particular
for 3 years.
class and type of distilled spirits (such as "Blackberry Liqueur &
Brandy" or "Coffee Liqueur & Non-Dairy Creamer"), the ingredients
SPECIFIC INSTRUCTIONS
used to produce the particular class and type of distilled spirits must
be listed in a manner so that they are distinguishable from the
Item 1. The class and type must agree with one of the class and type
remaining ingredients for the finished product.
designations in the regulations issued under the Federal Alcohol
Administration Act, except for distilled spirit specialties or cocktails
Item 6. Number formulas in sequence. A proprietor of more than one
which may be designated as such for formula approval. Do not show
distilled spirits plant must use a unique system of serial numbers which
a brand or fanciful name.
does not duplicate any formula number used at any plant prior to
January 1, 1980.
Item 2. Enter the name, complete address, and plant number of the
applicant and the city, STATE, and plant number for all other plants
CONDITIONS FOR FORMULA APPROVAL
where the product will be manufactured.
This approval is granted under 27 CFR, part 5 and does not in any way
provide exemption from or waiver of the provisions of the Food and Drug
Item 3. If the product will be bottled at more than one proof, state the
Administration regulations relating to the use of food and color additives
alcoholic content as a range to include all proofs at which the product
in food products.
will be bottled.
Addition of remnants or returned merchandise to a completed product
Item 4. Enter DSP number and formula number for each formula
made under the same formula is permitted.
which is superseded.
PAPERWORK REDUCTION ACT NOTICE
This request is in accordance with the Paperwork Reduction Act of 1995. The information collection is used by TTB to determine that wine is processed in
an authorized manner and meets one of the standards of identity for wine. The information is required to obtain a benefit.
The estimated average burden associated with this collection of information is 2 hours per respondent or recordkeeper, depending on individual circum-
stances. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Reports
Management Officer, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, Washington, DC 20220.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current, valid OMB
control number.
TTB F 5110.38 (03/2010)
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