Since FDA’s biennial registration requirement went live on October 22, we’ve
been hearing from concerned members asking us whether registration is the first
step toward an FDA takeover of wine regulation.
The quick answer is no. In fact,
the Food Safety Modernization Act (FSMA), the new law that created the biennial
registration requirement, goes a long way toward preventing such a takeover.
As we reported last July, the FSMA contains a first of its kind exemption that excludes alcohol beverages from the vast
majority of the law’s new food production requirements. The law effectively instructs FDA to keep its
hands off of wine regulation.
Federal laws governing wine production
were designed to keep tainted products out of the market. If there is a safety problem with a wine, TTB
has legal tools to get it off the market.
The FSMA was written to give FDA powers that TTB already has. Last year, we argued that
including alcohol in the FSMA would undermine a regulatory system with strong
safety checks built into it. Giving FDA
new power over alcohol would create confusion and business disruption. Congress ultimately agreed with us. The first of its kind exemption is the proof.
The FSMA is a milestone for wineries. It’s the first time federal law governing
food and beverage production specifically exempts alcohol beverages. For more than a century, the overlap between
federal food and alcohol laws has created confusion. Finally, confusion is giving way to some
clarity.
The biennial registration requirement is a modest burden compared to what could have
been. There was a real chance wineries
could have faced conflicting FDA and TTB safety standards. The exemption prevents this conflict, and
creates a powerful and positive precedent that we can turn to in the future.
TTB and FDA will always need to work
out their jurisdictional differences.
When these differences pop up, WineAmerica will need to ensure that America’s wineries gets heard. At
the same time, the FSMA has put us on stronger footing, making it clearer that
Congress wants wine regulation in the hands of alcohol beverage regulators, not
food and health regulators.
When you register your winery this
fall and winter, remember that WineAmerica’s efforts have restricted, not
expanded, FDA’s power over your business.
