The following information has been collected and presented to show the legal, social, medical, and historical enigmas that surround Mead, Beer, Wine, and Cider alcohols.
Mead has been held to a very high standard worldwide, more so than beer or wine. Mead has been said by many cultures to be a gift of the gods, so why is it not as popular? The fact is, it has been, for centuries. Unfortunately, this popularity is inconsistent throughout history which leaves humanity with the disadvantage of rediscovering it over and over again. But! There are many documents, recipes, and historical references to this godly beverage. The only down fall is that the references themselves are usually downplayed or attention is drawn away from them. As an example, the Romans are renowned wine lovers; and would refer to the northern Europeans as barbarians and shame them for drinking ale and mead. Not to say they didn’t drink it themselves from time to time. As well as the French, whom preferred the vino over honey. But again, wine is the drink of aristocracy and with how revered mead is, it could have threated their Imperial pride. Which is interesting for many reasons but two of which being: 1) The shaming of a product that offers more to humanity than what the snobby elitists promote. 2) Some cultures and governments, including the U.S., do not acknowledge mead to be its own drink, and is misclassified as “honey wine. To top this off, only wineries are primarily allowed to produce it due to licensing and mislabeling. This tactic is extremely common amongst authorities and officials. First, they discredit the subject of interest because they either look down on it or it’s threating to them; second, to hide its existence to future generations; and third, to create laws that make it inconvenient or illegal to use/grow/make/produce.
The Health benefits of honey are greatly known by many. At least from a historical and non-pharmaceutical perspective. Every culture throughout recorded history that has used honey believed it to truly be a miracle substance delivered from the heavens. Dozens of researchers over several centuries, including medical books written in the last few centuries, talk of different uses and recipes for mead based tonics. The Vegetable Cultivator written by John Rodgers in 1843 talks of the Greeks love for Thyme and their use of it in mead to revive one’s spirit and curing headaches. Anyone with ulcers or stomach problems has tried, or at least heard of, taking vinegar to help alleviate symptoms, and so did the Greeks. In fact, they produced a mead with the very purpose. It’s called an oxymel, and it was a preferred treatment up into the 19th century as a remedy for fevers, ulcers, ruptured abscesses, coughs, asthma, whooping cough, and even Small-pox. Recipes for such tonics have been published in may works including the London Pharmacopoeia; And used as a form of branding on such medicines as, Bake’s Oxymel Horehound. Hippocrates, said to be the father of modern medicine wrote, “Honey and pollen cause warmth, clean sores and ulcers, soften hard ulcers of lips, heal carbuncles and running sores”. Aristotle himself studied and commented on the behavior of bees, and advocated for the health benefits of mead. Scientific analysis of drinking vessels found in Scandinavia and other Nordic regions have discovered a wide range of ingredients. Some of these ingredients include Bog Myrtle, which can be dangerous in large quantities but also has expectorant, sedative, fungiastic, and antiseptic properties. A popular herb still known today is St. John’s Wort, which was used in the same fashion as hops. Yarrow was a very popular ale additive with such medicinal qualities as reducing fever and hypertension. Wormwood was also a common brewing ingredient that is antibacterial and helped with digestive issues. Wormwood is also used in true absinthe which is illegal in the U.S.. Mugwort, belonging to the same family as wormwood and chamomile, was used to dispel worms from the digestive tract, as well as help with liver congestion and bile flow. Gruit is another mysterious libation pushed to the way side by political and religious authorities. This magical drink was said to stimulate the mind, create euphoria, and enhance sexual drive. Gruit was one of the many substances claimed to be used by berserkers to drive them into a frenzy. Hundreds of cultures trialed hundreds of substances. Great minds of science, health, and wisdom, have given tremendous credit to, what should be, a non-controversial substance. Yet there’s so little being done to explore it. In today’s natural health shops, we see pollen, wax, and honey, either being infused or directly packaged on the shelves more frequently. But as usual there’s a rift between those who want pharmaceuticals and those who want natural substances. Either way, it’s a balancing act between two extremes that refuse to play nice. When it comes to knowledge and survival, a narrow field of vision is a long and dangerous path.
How could so many things that are supposedly good for humanity just disappear? Lack of social interest in history is one way, not being made aware of its existence is another, both of which could be contributed to a poor educational infrastructure, and finally laws that prohibit further use in the future. The Romans were one of the first on record to have alcohol laws. They essentially stated that wine was to be watered down in-order to lower the alcohol level. Several centuries later in the Northern Europe the Bavarian Purity law of 1516 (Reinheitsgetbot) was put into action. [A link for the full translation to this will be provided in the reference section.] The section of this law that is given greater focus is typically the following:
[1]“Furthermore, we wish to emphasize that in future in all cities, markets and in the country, the only ingredients used for the brewing of beer must be Barley, Hops and Water. Whosoever knowingly disregards or transgresses upon this ordinance shall be punished by the Court authorities' confiscating such barrels of beer, without fail.”
This was and is still a nuisance to many of us, and this was only the second portion of this decree. The first rule to be enforced on this document was a price fix on all beer in specified units of measure. In 1871 Germany was unified and the Reinheitsgebot was adopted by a few more German states. After yeast was added to the list of acceptable ingredients in 1906, this law became national code. In 1987, the restrictions placed on beer ingredients were struck down by court and were said to be an impediment of free trade. Apparently, this only applies to beers imported into Germany.
To think the government wasn’t smart enough to understand how economics works would be negligent and ignorant. Why was there a fixed monetary value (not percentage) on something like produce and sale, which fluctuates constantly? As a reminder, all ingredients that had been traditionally used for centuries that are now excluded by laws such as this, had been incorporated into beer and mead for the purpose of enhancing the health and experience of the substance. Hops have also been used for a great many centuries across the world as well, not as often, but still, why is this one of two main ingredients allowed and not the others? Intoxication is still intoxication regardless of botanical sources. What is different about hops? Barley itself creates the ground work as a base material, and without it no one would drink beer. Hops are subjectively non-essential though. Many modern medical sources list hops as a remedy for hypertension, insomnia, ADHD, and depression. If hops are capable of suppressing aggressive symptoms such as these, then what does it do to someone without them? Other sources claim there is a link between hops and migraine headaches, digestive problems, and allergic reactions. Then again, it really does come down to each person’s health, concentration of the substance, and amount being consumed. We’re also not factoring in the effects of alcohol itself. With all that said why would hops be the exception? Why does the Government even care? Especially if we look at the extreme contrast between the banned herbal ingredients of traditional ales and meads next to readily accessible pharmaceuticals and prescriptions. Maybe that is the reason the government cares. Not all regulations are suspicious or seem arbitrary, many are obviously put into place to ensure safety. In London, during the late 1500’s, malt quality control was put into law to help reduce weevil and rodent infestations. Laws such as this are very cut and dry, with clear intent for safety. When laws don’t reflect this type of value that’s when they should be questioned and placed under examination.
A new tool to the brewing industry that quickly became fundamental was the Hydrometer. Its widespread use grabbed the attention of the English government, and was soon adapted to calculate beer tax based upon wort strength in 1824. Even as early as 1325 malt making was taxed and regulated by the Crown. King Edward VI decided to intervene in the malt process, and in 1548 decreed that malt must take at least 21 days. A malting tax that passed and stayed in effect form 1697-1880 (Free Mash Tun Act) gave specified details how maltsters were to make malt. This particular law, generated enough revenue for the state that it accounted for a full quarter of total tax revenue (double that of land taxes) and helped fund the colonial expansions and war efforts. In 1724, England raised malt tax to six pence a bushel at home, and three pence a bushel in Scotland. When the government sent soldiers to Edinburgh to collect unpaid taxes in 1725, 9 people died in the standoff against taxation. Because malt tax generated a large amount of revenue, the government implement more laws to keep track of it. Laws that required production and stock records, advanced written notice of intention to malt, specified hours of production, and free access by tax agents. By 1827 there were 101 penalties, each accompanied with hefty fines, associated with malting laws. At this point maltsters no longer had their own businesses rather, they created revenue sources for the government, on government land, ruled by government regulations. Unfortunately, beer isn’t the only thing that works in this fashion. Prior to the Free Mash Tun Act English country estates were exempt from malt taxes. This allowed them to malt and brew which lead into industrialized brewing and the decline of small-scale country brewing.
Do to immigration of Germans into America, beer became a more desired and productive industry in the U.S. which lead to a portion of U.S. barley being grown and shipped from Canada. During the late 1800’s there was a 20% import tax in the U.S. charged on finished malts, meanwhile, a bushel of raw barley had a $0.15 tax. Calculating these prices with barley costs and malting losses, Canadian maltsters had a clear price advantage. As a result, from 1875 to 1881 malt imports rose from 144,487 bushels to 1.1 million. [2]“On September 13, 2016 the American mead makers association introduced the “Mead Equality and Definition Act of 2016” to congress. Mr. Sanford introduced the following bill; which was referred to the Committee on Ways and Means. The full title of this act was recorded as “To amend the Internal Revenue Code of 1986 to modify rules relating to the taxation of mead and other agricultural wine, and for other purposes”. [There are approximately 7 or 8 subsections in this act, the most essential ones are: ]
(1) Allow the use of spirits in the production of agricultural wine in a manner similar to the use of spirits in the production of natural wine.
(2) Eliminate any limitation on the quantity of hops used in the production of mead.
(3) Allow, in the production of mead, the addition of wholesome fruits (including fruit juices, fruit puree, fruit extract, or fruit concentrate), vegetables, spices, and other ingredients suitable for human food consumption that are generally recognized as safe for use in an alcoholic beverage, but only to the extent the addition thereof contributes to less than 50 percent of the total Brix of the mead.
(4) Allow, in the production mead, the density of the honey and water mixture to be below 13 degrees Brix in the case of an addition described in paragraph (3), but only to the extent the resulting mixture is not less than 13 degrees Brix.
(5) Provide that after complete fermentation mead may not have an alcohol content of more than 24 percent by volume.”
This bill is still standing and being tracked as “introduced”. Which means it has not yet passed. The bottom line is, we as consumers, brewers, and American citizens, should be the only ones dictating the definition of our products. The label by which we call what we consume, or produce, has no bearing on government function. But, government function and labeling has everything to do with how we live, consume, and produce. Making alcohol is done the same way with different ingredients, so why is there so much red tape around defining how and what we are allowed to make? There is mention on the TTB website for “protecting” people, but never any mention of how it protects us. How does defining a type of alcohol have to do with “qualified persons in the alcohol industry”? These regulations are either designed to, or mistakenly made with the result of interfering with American lives and functionality. The following information was collected solely from the TTB website and has been provided to give insight as to how the government labels the following for our “protection”, “safety”, and government finances; but lacks explanation as to why. How we communicate as a species is unique to us, and when someone else has control over how we communicate they have control over us. There are decent reasons for many of the terms generated through specified practices or methods that benefit society with efficient communication. But why do these labels that result in the same product (alcohol) need to have different forms of governing? What’s wrong with simply requiring an ingredients list, surgeon general warning, and ABV then call it day? If buying food at the store is tax free, why is taxed after mixing it together to make something else? Help eliminate these needlessly overly complex regulations imposed by the government based on how alcohol is labeled and our freedom of production.
[3]The following information can be found on the TTB website.
What is beer according to the government?:
“Beer, Beer, ale, porter, stout, and other similar fermented beverages (including saké and similar products) of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt. Standards for the production of beer appear in § 25.15.”
§ 25.15 Materials for the production of beer.
(a) Beer must be brewed from malt or from substitutes for malt. Only rice, grain of any kind, bran, glucose, sugar, and molasses are substitutes for malt. In addition, you may also use the following materials as adjuncts in fermenting beer: honey, fruit, fruit juice, fruit concentrate, herbs, spices, and other food materials.
(b) You may use flavors and other non-beverage ingredients containing alcohol in producing beer. Flavors and other non-beverage ingredients containing alcohol may contribute no more than 49% of the overall alcohol content of the finished beer. For example, a finished beer that contains 5.0% alcohol by volume must derive a minimum of 2.55% alcohol by volume from the fermentation of ingredients at the brewery and may derive not more than 2.45% alcohol by volume from the addition of flavors and other non-beverage ingredients containing alcohol. In the case of beer with an alcohol content of more than 6% by volume, no more than 1.5% of the volume of the beer may consist of alcohol derived from added flavors and other non-beverage ingredients containing alcohol.
[T.D. TTB-21, 70 FR 235, Jan. 3, 2005]
FMB1: how does TTB TD-21 impact the composition of flavored malt beverages? : The new regulation permits the addition of flavors and other non-beverage materials containing alcohol to beers and malt beverages. Malt beverages that contain not more than 6% alcohol by volume may derive no more than 49% of their alcohol content from flavors and other non-beverage materials. If a malt beverage contains more than 6% alcohol by volume, not more than 1.5% of the volume of the finished product may consist of alcohol derived from flavors and other non-beverage ingredients containing alcohol.
What is honey wine according to the IRC?:
“Honey wine is classified under the Internal Revenue Code of 1986, as amended (IRC), as an "agricultural wine." Agricultural wine is made from the fermentation of an agricultural product other than the juice of fruit. (See 27 CFR 24.200 and 24.203.) The production standards under 27 CFR part 24 for honey wine apply only to domestic products.
The IRC does not allow for the use of coloring or flavoring materials (other than hops) in standard honey wine. (See 26 U.S.C. 5387 and HW14 for more information.) Furthermore, wine spirits may not be added to standard honey wine, and standard honey wine may not contain more than 14 percent alcohol by volume. The IRC does provide for the production of wine specialty products that are made from a base of honey wine. These products are not standard agricultural wines, but are instead classified under the IRC regulations as "other than standard" (OTS) wines. (See 27 CFR 24.218.)”
What is honey wine according to FAA act labeling regulations?:
“Under the regulations implementing the labeling provisions of the Federal Alcohol Administration Act (FAA Act), the standards of identity for wine made from the fermentation of agricultural products other than fruit are set forth in 27 CFR 4.21(f). Pursuant to these regulations, a product designated as "honey wine" must be derived wholly (except for sugar, water, or added alcohol) from honey. Wines designated as "honey wine" under 27 CFR part 4 also may contain hops, consistent with the levels set forth in part 24. TTB allows the designation "mead" to be used in lieu of "honey wine." (See HW6.)
Certain wines fermented from honey that do not meet the standards of identity under § 4.21(f) fall under the standards set forth in 27 CFR 4.21(h), and thus must be designated as "imitation" or "other than standard" (OTS) wines. Other specialty products do not fall under any of the standards of identity in part 4 and must be designated with a truthful and adequate statement of composition. (See 27 CFR 4.34(a).)”
HW19: Does the IRC allow me to produce honey wine that is not standard agricultural wine?:
“If you wish to add coloring or flavoring materials (other than hops) to a honey wine base, or if you wish to blend honey wine with other wine, you must first obtain approval of a formula for an "other than standard" (OTS) wine under the IRC. (See 27 CFR 24.218.) (Also see HW10 and HW14 for information about the labeling of such products.)”
HW26: May a brewer produce honey wine (mead) on brewery premises?:
No. TTB regulations at 27 CFR 25.23 do not permit the production of wine (including mead) on brewery premises. However, brewers may apply to TTB for permission to alternate the use of a portion of the brewery with a winery premises as outlined in 27 CFR 25.81.
HW27: I would like to blend honey wine (mead) and beer. Is that permitted under TTB regulations?
“No. Under Federal law and TTB regulations, the blending of wine (including mead) and beer is not an authorized operation at a winery (see 27 CFR 24.101) or a brewery (see 27 CFR 25.23). Under TTB regulations, beer must be brewed from malt or from a substitute for malt. However, a brewer may use honey as an adjunct in the fermentation of beer on brewery premises, subject to the regulations in part 25. (See 27 CFR 25.15(a).)”
HW28: May I label a malt beverage fermented from honey and malted barley as “mead”?:
“No. Because "mead" is viewed as a synonym for "honey wine," it is TTB's position that the term may not be used as a designation for a malt beverage. The term "braggot" may be used as additional information on the label of such a product, but it would not suffice as the designation by itself. (See TTB Ruling 2015-1 for more information about the appropriate designation of malt beverages made with honey.)”
CID1: what is cider?:
“When used generally in these FAQs, the terms "cider" and "hard cider" refer to wine fermented from apples (including apple juice or concentrate). However, the terms have different meanings under the Internal Revenue Code of 1986, as amended (IRC) and the Federal Alcohol Administration Act (FAA Act), as set forth further in these FAQs.”
CID2: what products may be labeled as “cider” under the regulations implementing the federal Alcohol Administration (FAA) act?:
“The labeling regulations for wine set forth standards of identity for various classes of wine, including fruit wine. (See 27 CFR 4.21(e).) Under these regulations, "apple wine" or "cider" is a fruit wine produced by the normal alcoholic fermentation of the juice of sound, ripe apples. Cider must be derived wholly (except for sugar, water, or added alcohol) from apples.
The labeling of cider is subject to the regulations in 27 CFR part 4 only if the wine contains not less than 7 percent and not more than 24 percent alcohol by volume. Additional information about the standards of identity for cider and other fruit wines is contained in 27 CFR 4.21(e).”
CID8: May I label my wine exclusively made from pears as “pear cider”?:
If the pear wine contains not less than 7 percent alcohol by volume and is made exclusively (except for sugar, water, or added alcohol) from pears, it may not be labeled as "pear cider." As noted in CID2, wines designated as "cider" under 27 CFR 4.21(e) must be derived wholly (except for sugar, water, or added alcohol) from apples. The regulations provide that wine that is derived wholly (except for sugar, water, or added alcohol) from pears must be designated as either "pear wine" or as "perry."
The labeling of perry is subject to the regulations in part 4 only if the wine contains not less than 7 percent and not more than 24 percent alcohol by volume. Additional information about the standards of identity for perry and other fruit wines are contained in 27 CFR 4.21(e).
Beer and malt beverage labeling and formula approval:
“The Alcohol and Tobacco Tax and Trade Bureau (TTB) implements and enforces a broad range of statutory and compliance provisions to ensure that alcohol products are created, labeled, and marketed in accordance with Federal laws and regulations.
Brewers must follow the labeling and advertising requirements for malt beverage products found at 27 CFR part 7, Labeling and Advertising of Malt Beverages and 27 CFR part 16 , Alcoholic Beverage Health Warning Statement.
Brewers also must follow the formulation requirements found at 27 CFR part 25 (specifically, 27 CFR 25.55 – 25.58). When formula approval is required, brewers may submit them online using Formulas Online.”
How Laws and Regulations are Made?:
Laws and regulations constitute the legal foundation for our mission to collect the revenue and protect the public. Congress passes laws that govern the activities and programs of federal agencies such as TTB. These laws also often authorize federal agencies to issue regulations to implement the agency's statutory activities and programs. The following information explains how our alcohol and tobacco laws and regulations are created and changed, what they are, and where to find them.
Creating and Finding Laws
To create a law, a member of Congress first introduces a bill in the House or Senate. For more information on how bills are written and passed, and to see the bills Congress is considering or has considered, visit Congress.gov, the official website for U.S. federal legislative information.
If both houses of Congress pass a bill, it becomes an enrolled bill, and it then goes to the President for signature. If signed by the President, the enrolled bill becomes law.
Once a bill is signed into law, it is placed in the Statutes at Large, given a Public Law designation (number), and codified in the United States Code. The United States Code is the official source for all codified federal laws.
The United States Code database is available from the Government Printing Office, which is the sole agency authorized by Congress to publish the U.S. Code.
To see a list of the major laws relating to our bureau, see TTB Authority Under the United States Code.
Putting the Law to Work
A law passed by Congress often includes authorization for the head of a government agency, such as the Department of the Treasury, to issue regulations that will implement that law.
Department heads often delegate their authority to issue regulations to individual agencies and bureaus within their Department; the Secretary of the Treasury has delegated authority to TTB to issue regulations concerning alcohol and tobacco excise taxes and products.
Regulations establish specific rules that the public must follow in order to comply with the requirements of the law.
Once the regulation is in effect, it is our job to help the public comply with it.
Creating a Regulation
We decide that a regulation may be needed based on the enactment of new legislation, the receipt of a petition from a member of the public or regulated industry, or as a result of internal review.
We then create a proposed rule document (known as a Notice of Proposed Rulemaking, or NPRM) and forward it to the Department of the Treasury for publication approval.
The Notice of Proposed Rulemaking is then published in the Federal Register. In addition, we post copies of our notices on Regulations.gov, the federal government's e-Rulemaking website, and on our All - Notices of Proposed Rulemaking page at TTB.gov.
The public can consider the proposed rule and send us their comments electronically via Regulations.gov, or on paper via postal mail or hand delivery.
We consider all the comments, revise the regulation if necessary, and issue a final rule document (Treasury Decision) for Treasury approval and Federal Register publication.
Carrying Out the Law
Enabling statutes create authority for administrative agencies to issue regulations or rules. The following laws give us the authority to administer and enforce the laws regulating alcohol production, importation, and wholesale businesses; tobacco manufacturing and importing businesses; and alcohol labeling and advertising:
Internal Revenue Code of 1986 (Title 26 of the United States Code)
Federal Alcohol Administration Act (Title 27 of the United States Code)
Alcohol Beverage Labeling Act of 1988 (ABLA)
The Webb-Kenyon Act
See our Statutory Authorities and Responsibilities page for more information.
Informing the Public
We publish official notices of our actions, including proposed and final regulations, in the Federal Register. In addition, we post copies of our notices on Regulations.gov, the federal government’s e-Rulemaking website, and on our All - Notices of Proposed Rulemaking page at TTB.gov.
We generally allow 60 days for comments on proposed regulations, but we may extend that period or hold public hearings if a proposal is complex.
During the comment period, anyone may comment on a notice of proposed rulemaking electronically via Regulations.gov, or on paper via postal mail or hand delivery.
At the close of the comment period, we analyze all the comments we received and decide how to proceed.
Based on the comments, we may withdraw a proposal, issue another notice with an amended proposal, or formulate a final rule (also known as a Treasury Decision).
When we publish a final rule, we usually allow 30 days between the publication of the final rule and the effective date. For some changes to the rules, we may allow a longer transition period.
The final rule amends our regulations, which are codified in Chapter I of Title 27 of the Code of Federal Regulations (27 CFR).
If you want to petition for a change in the regulations, follow the instructions in 27 CFR 70.701 and send your petition to TTB's Regulations and Rulings Division.
Resources
Links to all TTB regulatory and other documents published in the Federal Register are available at our TTB Publications in Federal Register page at TTB.gov.
All TTB rulemaking documents also are posted in docket folders at Regulations.gov. A docket folder is a collection of documents related to a rulemaking or other action. The docket folder may contain:
One or more Federal Register documents (rules and notices)
Materials specifically referenced in those documents
Public comments
Applications, petitions, or adjudication documents
Other documents used by decision makers
The Semiannual Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda) includes information on each federal regulatory agency's planned, in-progress, and recently completed regulatory actions.
The Regulatory Plan describes each major regulatory initiative in narrative form
The Regulatory Agenda includes information on all upcoming and recently completed regulatory actions.
The Unified Agenda is published online twice a year by the Regulatory Information Service Center. You can view information on our regulatory actions (included within the Department of the Treasury's Unified Agenda) at Reginfo.gov.
Last updated: January 5, 2022 Maintained by: Regulations and Rulings Division
Beer and malt beverage labeling and formula approval:
“The Alcohol and Tobacco Tax and Trade Bureau (TTB) implements and enforces a broad range of statutory and compliance provisions to ensure that alcohol products are created, labeled, and marketed in accordance with Federal laws and regulations.
Brewers must follow the labeling and advertising requirements for malt beverage products found at 27 CFR part 7, Labeling and Advertising of Malt Beverages and 27 CFR part 16 , Alcoholic Beverage Health Warning Statement.
Brewers also must follow the formulation requirements found at 27 CFR part 25 (specifically, 27 CFR 25.55 – 25.58). When formula approval is required, brewers may submit them online using Formulas Online.”
References:
[1]Germany’s purity law (Reinheitsgebot):
[2]American Mead Makers Association: Mead Equality and Definition Act or 2016. https://www.govinfo.gov/app/details/BILLS-114hr6000ih
-Mead- The Libations, Legends, and Lore of history’s oldest drink: Fred Minnick.
-Malt- A practical guide from field to Brewhouse: John Mallett
-Make Mead Like A Viking: Jereme Zimmerman
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