Federal Regulatory Update

The federal government publishes a semi-annual regulatory agenda every six months, outlining the hundreds of rulemaking (regulation-making) projects underway within the federal government. For every pending project, the government briefly identifies the potential rule, what stage it is at (e.g., where the government has proposed regulations but not yet published final, binding rules, the rule is characterized as being in the final rule stage), and aspirational time targets for future steps in the rulemaking process.

It bears emphasis that the regulatory agenda's projected times for next steps should be taken with a grain of salt. As an observer of federal regulatory projects for over thirty years, I have seen rulemaking projects' timelines slip by years, even decades. In practice, most timelines slip, although projects identified as priorities for an agency generally get acted upon closer to announced timelines than other projects.

With that introduction, let's turn to the most substantial rulemaking projects of interest to small and independent brewers.

1. Modernizing the Marketing Regulations for Non-Alcoholic Beer: Back in January 2020, the Brewers Association (BA) petitioned the Alcohol and Tobacco Tax and Trade Bureau (TTB) to modernize the regulations governing the labeling and advertising of "non-alcoholic" and "alcohol free" beer. Most notably, the BA proposed changes that would allow the use of style identifiers like ale, porter, and stout, in labeling and advertising such products as long as such identifiers were qualified with the term "non-alcoholic" or "alcohol free". The BA has continued to press TTB on this rulemaking project and were pleased to see that TTB has identified it as a priority in its Statement of Regulatory Priorities. According to the regulatory agenda, TTB expects to publish a Notice of Proposed Regulations (NPRM) in September 2026. An NPRM publishes actual regulations for the public to comment on - an important step toward creating or amending binding federal regulations.
2. OSHA Heat Injury and Illness Rule: The last administration proposed a significant new Occupational Safety and Health (OSHA) rule designed to minimize heat injuries and illnesses on the job. The proposed rule would apply to most brewery operations, as brewhouses and outdoor serving areas, in particular, frequently exceed the temperature triggers set in the proposed rule. The BA submitted two written comments and testified about ways to make any final rule less burdensome on small and independent brewers. While the current administration has not abandoned this rulemaking project, as some expected, it appears likely to substantially revise the rule. According to the regulatory agenda, OSHA will publish a Supplemental NPRM in December 2026 - presumably to propose modified rules. Final regulations are expected later in 2027.
3. Streamlining TTB's Brewer's Notice and Permit Applications: Another regulatory priority for TTB is streamlining and modernizing the processes and forms to apply for TTB brewer's notices and permits. The BA submitted comments in support of TTB's rulemaking effort in 2022 and TTB now expects to finalize new rules in March 2027.
4. Streamlining TTB's Tax Return and Reports: A third priority for TTB will simplify and streamline its current excise tax return and reporting forms and processes. The BA is working with TTB to identify brewers to help pilot these modernized forms and procedures, and the regulatory agenda anticipates an NPRM proposing final forms in March 2027.
5. Updates to TTB Trade Practice Regulations: TTB first solicited comments on updating its trade practice regulations (governing exclusive arrangements, tied-house arrangements, commercial bribery, and consignment sales) in 2022. The BA filed two sets of comments urging TTB to modernize and strengthen these regulations to provide a more level playing field for small and independent producers. While many expect this rulemaking to receive a low priority under the current administration, the regulatory agenda sets September 2026 as a target date for publishing an NPRM on the subject.
6. Mandatory Nutritional and Allergen Labeling: In 2024 TTB held listening sessions (informal hearings) on two proposals, one to add certain nutritional disclosures to the labels of alcohol beverages regulated by TTB and another to mandate the disclosure of major allergens on such labels. NPRMs proposing specific rules implementing each proposal were published in January 2025. The BA provided testimony during the listening session and two written comments on TTB's proposals. According to the regulatory agenda, final rules are due in March 2027.
7. Front-of-Package Labeling on FDA-Regulated Products: In early 2025 the federal Food & Drug Administration (FDA) proposed regulations to mandate a simplified disclosure of saturated fat, sodium, and added sugar on the front of most food and beverage packages regulated by FDA. While TTB regulations govern most beer labeling, FDA has primary labeling authority over some alcohol beverages, notably including most hard ciders and hard seltzers. The BA submitted comments on the proposed front-of-package rule advocating for an exemption of alcohol beverages. According to the regulatory agenda, a final rule may be published in December 2026.
8. Implementation of the Craft Beverage Modernization and Tax Reduction Act (CBMTRA): The CBMTRA legislation championed by the BA took effect in 2017 and became permanent in 2020. Yet many TTB regulations still do not reflect its new provisions, a circumstance we have highlighted in several unfinished business letters to the agency. According to the regulatory agenda, TTB will publish an NPRM in December to amend its regulations in order to reflect the changes made by the CBMTRA.

The Brewers Association will continue to monitor the rulemaking projects above, as well as others that could substantially impact small breweries' businesses.