Alcohol regulations in United States

Rules differ below national level. See each one:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia (US state)
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington State
• West Virginia
• Wisconsin
• Wyoming

Licences needed

Federal Distilled Spirits Plant (DSP) Permit and Operating Permit from TTB; State Manufacturer/Distiller License from the state alcohol control agency; local municipal/county business and zoning permits; federal Alcohol Dealer Registration (TTB F 5630.5d).

Authority

Federal: Alcohol and Tobacco Tax and Trade Bureau (TTB); State: State Alcoholic Beverage Control (ABC) Board / Department of Liquor Control.

Documents

TTB Form 5110.41 (Registration of DSP), TTB Form 5110.25 (Application for Operating Permit), business organizational documents, diagram/plat of plant premises, equipment inventory/serial numbers, proof of property lease or deed, background disclosures for officers/owners, and surety bond (TTB Form 5110.56, if annual spirits excise tax liability exceeds $50,000).

Fees

$0 federal application/permit fee from TTB; state distillery licensing fees range widely from approximately $800 to over $10,000 annually depending on state and production tier.

Time to obtain

Approximately 60 to 90 days for federal TTB DSP approval via Permits Online; state licensing timelines vary from 60 to 180 days.

Who can import

Only a U.S.-based entity holding a valid federal Basic Importer's Permit, or an authorized licensed U.S. customs broker/importer acting on behalf of a foreign entity.

Licences or registrations

Federal Basic Importer's Permit under the FAA Act; TTB Alcohol Dealer Registration (TTB F 5630.5d); state importer/wholesaler license in states of operation; FDA Food Facility Registration (for foreign production facilities).

Authority

Alcohol and Tobacco Tax and Trade Bureau (TTB) and U.S. Customs and Border Protection (CBP).

Documents

TTB Form 5100.24 (Application for Basic Permit), Articles of Incorporation/Organization, lease or deed for U.S. commercial business premises, letter of intent or distribution contract from the foreign producer, and officer background questionnaires.

Fees

$0 federal permit fee charged by TTB; state import/wholesale fees vary by state.

Time to obtain

Typically 30 to 60 days via TTB Permits Online.

Required

yes

Process

Importers or domestic producers must obtain a Certificate of Label Approval (COLA) via TTB COLAs Online before bottling or importing commercial shipments. Formulas or laboratory sample analysis must be submitted and approved prior to COLA submission for certain categories (e.g., flavored spirits, liqueurs, blended spirits containing added coloring or flavoring materials). Many states require secondary brand/label registration and price posting prior to wholesale distribution.

Authority

TTB Alcohol Labeling and Formulation Division (ALFD) federally; state ABC agencies at the state level.

Documents and samples

Completed TTB Form 5100.31 (electronic application in COLAs Online), exact digital label proofs/images, approved formula number (if required), and pre-import lab sample reports when specifically requested by TTB.

Fees

$0 federal COLA application fee; state brand/label registration fees range from $0 to $300+ per brand/label per year.

Renewal

Federal COLAs do not expire unless revoked or product formulation/label undergoes major revisions exceeding allowable changes; state label registrations require annual or multi-year renewals.

Time to obtain

Federally 5 to 15 business days for standard electronic COLA reviews (pre-COLA formula approval takes an additional 10 to 30 days).

All imported spirits must clear U.S. Customs (CBP) with an Importer of Record holding an active TTB Basic Permit. CBP requires an electronic entry filing with the TTB COLA ID. Shipments must comply with standard container sizes (standards of fill). Foreign producers assigning Craft Beverage Modernization Act (CBMA) tax credits must register in TTB's Foreign Producer Portal, and U.S. importers submit quarterly refund claims through TTB's electronic CBMA system. Certificates of Age and Origin are required for certain whiskies, Tequila, Cognac, and brandies. Federal paper strip stamps are no longer required.

Most distilled spirits (whisky, gin, rum, vodka, tequila under HS 2208) enter duty-free ($0.00 / Free) under HTSUS General Column 1 rates under the multilateral 1994 Zero-for-Zero spirits agreement and Free Trade Agreements (e.g., USMCA). Specific duty rates apply to certain subheadings (e.g., grape brandy not over $2.38/liter carries small specific tariffs such as cents per proof liter/liter), subject to applicable trade remedy/tariff modifications.

Federal Excise Tax (FET) standard rate is $13.50 per proof gallon (50% ABV at 60°F). Under permanent Craft Beverage Modernization Act (CBMA) rules, qualifying domestic and foreign producers receive reduced rates: $2.70 per proof gallon on the first 100,000 proof gallons, $13.34 per proof gallon between 100,001 and 22,230,000 proof gallons. State excise taxes vary widely (from $1.50 to over $35 per gallon) plus state and local retail sales taxes.

Governed by the three-tier system (Producer/Importer -> Distributor/Wholesaler -> Retailer) in 33 'license/open' states where private businesses operate retail liquor shops and licensed on-premises bars/restaurants. In 17 'control' states/jurisdictions (e.g., Pennsylvania, Utah, North Carolina, Virginia, Oregon, New Hampshire), the state government exercises a monopoly over spirits wholesaling and/or retail package sales. Operating hours, Sunday sales restrictions, and location rules are set strictly at state and municipal levels.

Restricted. Interstate direct-to-consumer (DtC) shipping of distilled spirits is legal in only approximately 10 states plus Washington, D.C. (e.g., Alaska, Arizona, Florida, Hawaii, Kentucky, Nebraska, New Hampshire, New York, North Dakota, and California under a limited craft pilot). Local on-demand delivery (e.g., via DoorDash, Instacart, Drizly/Uber) is legal in most states via licensed brick-and-mortar liquor stores. Shipping alcoholic beverages via the United States Postal Service (USPS) is strictly prohibited by federal criminal statute; licensed private carriers (FedEx, UPS) must be used with adult signature (21+) verification upon delivery.

Mandatory elements under 27 CFR Part 5: Brand name, class and type designation, alcohol content (% ABV; proof is optional), net contents (authorized standard metric fill), name and address of the bottler or importer ('Imported by...'), country of origin for imports, and commodity/coloring disclosures where required. Mandatory Alcoholic Beverage Labeling Act health warning must appear exactly: 'GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.' with specific minimum type sizing (1mm to 3mm based on container size) and 'GOVERNMENT WARNING' in bold uppercase.

Regulated under 27 CFR Part 5 Subpart N (and Part 14). Ads must state responsible advertiser contact info and class/type; prohibited from making false, misleading, or health-curative claims, degrading competitor products, using deceptive origin claims, or depicting federal/military flags/insignia misleadingly. Pre-market ad clearance by TTB is voluntary, but industry self-regulatory codes (DISCUS Code of Responsible Practices) strictly mandate advertising only where at least 73.8% of the demographic audience is 21+.

Codified at 27 CFR Part 5 Subpart I: All commercial spirits must be bottled at a minimum of 80 proof (40% ABV) unless specifically classified as diluted spirits or specialty liqueurs/cordials. Whisky: distilled from fermented grain mash at <190 proof (95% ABV) and aged in oak containers, bottled >=40% ABV. Vodka: neutral spirits distilled at >=190 proof, treated without distinctive character, bottled >=40% ABV. Rum: distilled from fermented sugarcane juice/molasses at <190 proof, bottled >=40% ABV. Gin: spirits flavored by distillation or compounding with juniper berries, bottled >=40% ABV. Brandy: spirits distilled from fermented fruit juice/wine at <190 proof, bottled >=40% ABV. Neutral Spirits: distilled at >=190 proof, bottled >=40% ABV.

Allowed under local option statutes pursuant to the 21st Amendment. Complete prohibition or partial bans (prohibiting off-premise sales, packaged liquor, or Sunday sales) exist in hundreds of individual counties and municipalities across states including Arkansas, Kentucky, Texas, Mississippi, Tennessee, Alabama, and indigenous Native American reservations; Alaska maintains local option dry and damp villages.

• In January 2025, TTB issued a final rule amending 27 CFR 5.203 to authorize 15 additional standards of fill for distilled spirits (including 187 mL, 250 mL, 331 mL, 350 mL, 355 mL, 475 mL, 500 mL, 570 mL, 700 mL, 710 mL, 945 mL, 1.5 L, 2 L, 3 L, and 3.75 L) and eliminated all container distinction restrictions between cans and other packaging.
• Full operationalization of the TTB Foreign Producer Registration Portal and electronic CBMA Importer Claims System, transferring administration of CBMA tax benefit allocations on imports from CBP to TTB quarterly refund filings.
• New York permanently codified direct-to-consumer (DtC) shipping for craft distilleries in August 2024, and California enacted AB 1246 establishing a temporary DtC craft spirits shipping framework for eligible craft producers starting in 2026.

The United States is the world's largest premium spirits market, characterized by zero general customs tariffs on core spirit categories and newly expanded container fill sizes (such as 700 mL and canned single-serves). Success requires partnering with a licensed U.S. importer/wholesaler to navigate the three-tier system and leveraging CBMA reduced excise tax benefits.

• Alcohol and Tobacco Tax and Trade Bureau (TTB), U.S. Department of the Treasury
• U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security
• National Alcohol Beverage Control Association (NABCA - Control State System)

1. TTB Distilled Spirits Industry Guidance and Permits
2. TTB Requirements for Importing Alcohol Beverages into the United States
3. Electronic Code of Federal Regulations: 27 CFR Part 5 - Labeling and Advertising of Distilled Spirits
4. TTB Final Rule: Standards of Fill for Wine and Distilled Spirits (January 2025)
5. USITC Harmonized Tariff Schedule Chapter 22 - Beverages, Spirits and Vinegar