The standard
On this page11
The provision
"formulas on TTB Form 5154.1 shall be examined and, if found to be medicines, medicinal preparations, food products, flavors, flavoring extracts, or perfume which are unfit for beverage purposes and which otherwise meet the requirements of law and this part, they shall be approved for drawback."
Six categories
Medicines, medicinal preparations, food products, flavors, flavoring extracts and perfume. A product has to be one of those before the unfitness question is even reached.
Then the unfitness test
Unfit for beverage purposes, which is a finding about the formula rather than a calculation. There is no percentage and no threshold in the sentence.
Then everything else
And which otherwise meet the requirements of law and this part. A catch-all that keeps the rest of the scheme in play.
The subject of the sentence is a formula
Which is why this property opens by saying the container cannot help. Formulas are the thing submitted and the thing examined.
And the mechanism is a drawback
Approval is approval for drawback, meaning the recovery of federal excise tax on the distilled spirits used. The reward for being unfit to drink is not paying beverage tax.
Which makes it a tax provision
Not a safety rule, not a labeling rule and not a packaging rule. Reading it as any of those is the first mistake available.
A form number is in the regulation
TTB Form 5154.1, named in the text. Which tells you the process is a submission rather than a self-assessment.
So there is an authority with a view
And the thing to do is submit the formula, not reason about the bottle. Nothing on these pages substitutes for that.
Scope is not addressed here
Whether a cannabis or CBD tincture falls within part 17 at all is outside this property. It is cited because the standard is the clearest case of a test a container cannot affect.