Alcohol regulations in United States
How to import or export liquor and spirits to United States, how to register products and labels, the import duty and taxes, and how to get a licence to make alcohol there. Researched March 2026.
Research guide, not legal advice. Compiled in March 2026 from the public sources listed at the bottom of this page. Duty rates, fees and rules change often: confirm with the regulator, a customs broker or local counsel before you act. Spotted something out of date? Tell us.
- Status
- Legal / dry areas exist
- Legal drinking age
- 21 years
- Legal purchase age
- 21 years
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Licence to make spirits (distillery and bottling)
- 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.
Import licence and registration
- 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.
Product and label registration
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…
Import rules
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…
Import duty on spirits (HS 2208)
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.
Excise and taxes
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…
Retail and distribution
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…
Online sale and delivery
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,…
Labelling
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…
Advertising
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…
Legal definitions of spirits
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…
Dry or restricted areas
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…
Recent changes
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,…
Opportunities for exporters
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…
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- TTB Distilled Spirits Industry Guidance and Permits
- TTB Requirements for Importing Alcohol Beverages into the United States
- Electronic Code of Federal Regulations: 27 CFR Part 5 - Labeling and Advertising of Distilled Spirits
- TTB Final Rule: Standards of Fill for Wine and Distilled Spirits (January 2025)
- USITC Harmonized Tariff Schedule Chapter 22 - Beverages, Spirits and Vinegar
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