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VIRGINIA BREWERY GUIDANCE

This page reviews the on-going compliance and reporting which Virginia ABC requires to stay compliant.

Monthly Requirements:

  1. ABC Malt Beverage Tax Report: Due every month. Report MUST be postmarked by the 10th of the month for the previous monthly production. Even if you have not started producing, you must submit a report showing all Zeros.

  2. Product Label Approval: Every different beer you sell in your tasting room and/or to a Virginia wholesaler MUST have Virginia ABC product label approval BEFORE you begin selling.

  3. Monthly Inventory: You must conduct a monthly PHYSICAL inventory of all beer in bond by beer type. This is to confirm your book inventory matches your physical inventory.**if you find a discrepancy and appears you are missing beer. You must pay Virginia malt beverage tax as if the beer was sold in Virginia.

  4. Don't forget about Your Federal TTB Compliance!

1. Monthly Virginia ABC Malt Beverage Tax Reporting

Once your Virginia ABC Brewery License is issued you are required to start submitting your Malt Beverage Month Tax Reports.Even if you just opened and have nothing to report, you must report all Zeros.

 

Each month all Virginia ABC licensed breweries must submit:

 

  1.  Malt Beverage Wholesaler's Tax Report (805-70) with schedule A (PURCHASED OR RECEIVED) & B (TAX EXEMPT QUANTITIES) - You may file the tax report online using Virginia ABC Web Tax, https://www.abc.virginia.gov/webtax/public/login.do Or the paper form 805-70

  2. Associated excise tax payment - Payment can be submitted online or via check or money order.

Due Dates:

 

  1. Paper tax report forms and associated payment must be postmarked by the 10th of each month – If after the 10th, the brewery could face penalties.

  2. Online reports and payment must be submitted by the 10th of each month.

Example: The Report for the month of June would be due by July 10th.

 

Electronic Filing Options

Did you know that Tax Management now accepts electronic wine and malt tax reports? Malt beverage licensees can now make ACH payments through our Web Tax application.

If you would like to start filing electronically or using Web Tax (Malt Beverage only), please contact your Tax Examiner at 804-219-2039 or email TaxExaminer@abc.virginia.gov.

Virginia ABC Product/Label Approval Instructions

 

Required Documents for New and Revised Product Labels:

When submitting product labels for approval, applicants must submit the following required documents.

  1. A copy of the Federal COLA or the TTB ID number. Alcohol and Tobacco Tax Trade Bureau -

    • This ensures that the label has already been approved by the federal government.

    • If it is a low alcoholic beverage (7.5% ABV or less) then this is not required

  2. A legible color copy of the front and back of the label (neck if applicable).

    • Please note that the Government Warning, Alcohol by Volume, and net contents,need to be clearly visible.

    • Preferable label sizes submitted are 750ml for wine,and 12oz for beer.

  3. Franchise Designation Form is needed when:

    • A brand has not been previously approved to be sold in Virginia.

    • There is an amendment to current importers, distributors, and suppliers.

    • When assigning and changing territories, all release letters must be submitted with the franchise designation form.

  4. $30 fee for each label submitted

    • If you have multiple label sizes for the same product, only one label needs to be approved for all sizes. (Only one label size will appear on the Virginia ABC website.)

    • However, if you want multiple sizes viewed on the Virginia ABC website, a $30 fee isneeded for each label size submitted

https://www.abc.virginia.gov/library/licenses/pdfs/product-approval-instructions-2018.pdf?la=en

BreweryCompliance.com - TTB Malt Beverag

Virginia ABC Product/Label Approval Instructions Cont.

 

The Product Approval department approves labels for the following products: wine, beer, cider,and low alcoholic beverages.

  • Wine cannot exceed 21% alcohol by volume.

  • Beer and Malt Beverage do not have an alcohol by volume limit.

  • Cider means any beverage, carbonated or otherwise, made from the fermentation ofthe natural sugar content of apples or pears containing not more than 10% alcohol by volume without chaptalization. Or, containing not more than 7% alcohol by volume regardless of chaptalization

  • Low Alcoholic Beverages cannot exceed 7.5% alcohol by volume.

 

  1. All combination and gift packages containing either wine/beer or nonalcoholic products mustbe submitted for approval before they can be sold to retailers.

  2. All combination and gift packages containing either wine/beer, for which label approvalhas been granted, may be sold without additional approval.

  3. The $30 label fee is non-refundable.

  4. If a label cannot be approved due to incorrect and/or missing information the application is held open for 12 months from date of receipt allowing the applicant time to submit the required documents for label approval.

  5. When does an applicant need a new Virginia approval code number?

    • When the information written on the label has changed or is amended in any way.

    • Ex: Lisa’s Vineyard changed its name to Lisa and Daughter’s Vineyards.

  6. What is considered a Label Revision and what are the requirements for approval?

    • Graphic changes only

    • Vintage changes

    • All written information remains the same.

    • Any non-mandatory information is removed from the label.

    • $30 fee for each submitted label approval revisions.

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The Privileges of a Virginia ABC Brewery Licensee are:

 

  • The manufacture and sale of beer/malt-beverage to wholesale beer licensees. This includes bottles, cans, and/or kegs.

 

  • The sale of beer to persons outside Virginia for resale outside Virginia.

 

  • The sale at retail of the brands of beer owned by the brewery at the licensed premises for on and off premises consumption. All beer sold for off premises consumption must be in sealed containers, which may include growlers.

 

  • The giving of samples of the brands of beer owned by the brewery to visitors of the brewery for consumption on the licensed premises, provided the samples are given only to persons lawfully able to consume them.

 

  • The sale of beer in kegs to individuals, if the brewery obtains a keg permit.

 

  • The delivery of beer owned by the brewery to individuals for their personal consumption, if the brewery obtains a delivery permit.

 

Breweries may lend, buy for, or give to a retail licensee:

 

  1. Brand identified advertising materials made of paper, cardboard, canvas, rubber, foam, or plastic, provided that the materials have a wholesale value of $40.00 or less per item. Items cannot be illuminated.

  2. Draft beer knobs containing the brand name. Draft beer knobs may not be illuminated or contain mechanical devices that are not necessary for the dispensing of draft beer.

 

Breweries may give away brand identified novelty items:

 

  1. Items cannot exceed $10.00 in wholesale value.

  2. Can be given to employees of retail licensed establishments, limited to one item per employee that is present, per visit.

  3. Employees may wear or display these items on the licensed premises.

  4. Items CAN be given away on the licensed brewery premise.

  5. Items may be given to the public only on non-retail licensed premises, except for items given to patrons of a retail establishment participating in a bona fide brewery tasting event held on the licensed premises.

Breweries may obtain a Manufacturer Beer/Wine Event license:

 

  1. For the purpose of featuring and educating the public on malt beverages.

  2. May sell or give beer for on premises consumption at the event.

  3. Cannot sell any beer for off premises consumption.

  4. Limited to eight licenses per calendar year.

  5. May be a co-holder of this license with one or more other breweries.

  6. Events may be held in most locations, other than on the premises of a retail licensee.

Breweries may attend banquet special events conducted by charitable organizations:

 

  1. Charitable organization must obtain a one-day banquet special event license.

  2. Brewery may attend the event/festival and assist in pouring beer, with permission of the licensee.

  3. Beer must be purchased by the special event licensee from a wholesaler or at the brewery, and the brewery may not deliver beer to the event.

  4. Brand identified novelty items up to $10.00 in value may be distributed at the event.

Breweries may attend tastings held by Gourmet Shop licensees:

 

  1. May assist with the pouring of beer and providing information.

  2. Limited to one 4 ounce sample per product, per person.

  3. Gourmet Shop licensee must purchase the beer from the wholesaler.

  4. Breweries may not provide any items including cups, or food items for pairings.

  5. Brand identified novelty items may not be distributed.

 

Breweries may attend tasting events held by licensed restaurants:

  1. For the purpose of featuring and educating the public on the beer.

  2. May assist with the pouring and providing information.

  3. Limited to one 4 ounce sample per product, per person.

  4. Restaurant must purchase the beer from the wholesaler.

  5. Brand identified items may not be distributed.

Breweries may conduct their own tasting events at licensed restaurants:

 

  1. May purchase up to 12 ounces of beer for each customer.

  2. Customer must be served directly by restaurant employees.

  3. No more than $100.00 can be spent by the brewery per licensee in any 24 hour period.

  4. The $100.00 limit is exclusive of 20% gratuity and taxes.

  5. Brewery must keep complete and accurate records of event for two years.

  6. Permit must be obtained if a third party is used to conduct the tasting

 

Breweries must obtain Virginia label/product approval:

 

  1. Cannot sell any beer at retail until it has Virginia label approval.

  2. Each manufactured product must have a separate approval.

  3. Also applies to beer manufactured as draft beer for sale only at the brewery.

 

Breweries may engage in contract brewing provided that:

 

  1. The brand owner is licensed as a brewery or beer wholesaler.

  2. A written agreement is created between the parties.

  3. Records of all beer manufactured, sold, and delivered are kept.

  4. For beers manufactured as collaborative brews, the written agreement must state that both breweries will receive a specific portion of the manufactured product. All parties must seek and receive product approval prior to sale at their respective breweries.

 

 

  • Do not sell any beer to persons less than 21 years of age.

  • Do not sell any beer to persons who are intoxicated, or allow intoxicated persons to loiter on your premises.

  • Do not keep, or allow to be kept on your licensed premises, any alcoholic beverages that you are not authorized to sell. Also do not allow your patrons to possess any alcoholic beverages not provided by your establishment.

 

  • Do not allow beer sold in growlers to be consumed on your premises. This includes growlers or crowlers prefilled and stored for sale. All growlers or crowlers not filled pursuant to the customer’s order must contain a label for legal sale.

  • Do not sell or fill growlers made of unapproved materials. Growlers may be made of glass, metal, ceramic, or other materials approved by the Board. If you elect to use a material other than glass, metal, or ceramic, that specific vessel/material must be approved prior to sale and use.

  • Do not provide any service, or give anything of value to a retail licensee, unless it is authorized by law or regulation.

 

  • Do not engage in any advertising for a retail licensee.

  • Breweries must submit the excise tax on all beer sold at retail or given as samples. Taxes must be reported and submitted for beer transferred to the tasting room for customer sale. Wholesalers pay taxes on beer sold to them for resale to retail licensees.

 

  • Breweries must submit the monthly excise sales report on time each month.

  • Breweries must submit the sponsorship request form online for any sponsorship of an event. If your brewery provides funds to sporting, cultural, or charitable events in exchange for anything of value such as advertising, a sponsorship request form in required.

 

Virginia ABC Brewery Inspection Checklist

  1. ABC License posted, visible to public

  2. ABC Managers list posted, visible to public

  3. ABC Manager on list must be on duty

  4. All licenses (Business, Fire Marshal, Health, ect. Must be in same legal entity name).

  5. All beer and malt beverages you manufacture and sell in Virginia (tasting room, on-site restaurant, wholesaler) MUST have ABC product/label approval . No exceptions. Example..If it’s on your beer menu or Tap list, must have approval BEFORE you sell it.

  6. All kegs must be labeled properly (Keg Collar)

  7. Records available for beer transfers from manufacturing area/bonded storage to tasting room or on site restaurant

  8. Tasting room POS sales records available during inspection

  9. Monthly inventory of all beer/malt-beverage conducted

  10. Production batch records available for review

  11. List of ingredients used in your malt beverages/ Beer

  12. 2 years of All records on must be available to review on site. Can be electronic or paper.

  13. All (2 years) ABC monthly reports on site.

  14. Copies of all purchase orders from your wholesaler, if applicable.