New formulas. Except as otherwise provided in paragraph (b) of this section, you must file a new formula (with a new formula number) for approval by TTB if you—
Create an entirely new fermented product that requires a formula;
Add new ingredients to an existing formulation;
Delete ingredients from an existing formulation;
Change the quantity of an ingredient used from the quantity or range of usage in an approved formula;
Change an approved processing, filtration, or other special method of manufacture that requires the filing of a formula; or
Change the contribution of alcohol from flavors or ingredients that contain alcohol.
Superseding formulas. You may file a superseding formula, instead of a new formula, if you have made any change listed in paragraphs (a)(2) through (a)(6) of this section and that change is not of a type that would require a holder of a certificate of label approval to file a new application for label approval on TTB Form 5100.31.
A superseding formula replaces an existing formula, and you should file one only if you do not intend to use the existing formula any more. A superseding formula must be filed with TTB for approval. When TTB approves a superseding formula, TTB will cancel your previous formula.
You may use the same formula number for a superseding formula that you used for the formula the superseding formula replaces, but you must annotate the formula number to indicate it is a superseding formula number. (For example, “Formula 2, superseding.”)
When you file a new or superseding formula with TTB, you must follow the procedures and other requirements of §§ 25.56 and 25.57.
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