Kansas Department of Revenue Alcoholic Beverage Control Division 915 S.W. Harrison Street, Room 214 Topeka, KS 66625-3512 Phone: 785-296-7015 Fax: 785-296-7185 INSTRUCTIONS AND APPLICATION FOR BRAND REGISTRATION AND LABEL APPROVAL If you have any questions or need assistance completing this application, please contact the Kansas Alcoholic Beverage Control Marketing Unit at 785-296-7015 or via E-mail at abc.marketing.unit@kdor.ks.gov Please send your completed application and required fee(s) to the above address. GENERAL INSTRUCTIONS: This brand registration and label approval application must be filed with the Kansas Alcoholic Beverage Control and approval received prior to shipment of alcoholic liquor, beer, flavored malt beverage or cereal malt beverage to Kansas Distributors. 1. This form may be reproduced as necessary. 2. This application is for all new brands, labels, new package configurations, new seasonal packages, label revisions, value-added packages, combo packages, cancellation of brands and labels, and inactivation of labels. 3. The application must be typed or printed. Soft copies will be accepted via email at abc.marketing.unit@kdor.ks.gov 4. Complete all information. Incomplete applications will be returned. 5. Complete a separate application for each transaction type requested. 6. Application must be submitted with all required documentation and fees. A checklist is provided to assist you with this process. 7. Brands are registered and labels approved for the fiscal year, July 1 through June 30. Any new brands and/or labels are registered from the date approved through the end of the fiscal year unless cancellation or inactivation is requested. 8. Staple all documents together in the upper left-hand corner in the order requested. Place the check with the voucher on top. APPLICATION PREREQUISITE: Supplier Permit To register brands and receive label approval, all suppliers must hold a valid Kansas Supplier Permit. You may make application to apply to register your brands and labels at the same time you apply for your Supplier Permit. APPLICATION REQUIREMENTS: Kansas Application for Brand Registration and Label Approval The Kansas Application for Brand Registration and Label Approval must be completed and all documents required below must be enclosed along with the appropriate fees. 1a. BATF Form (aka TTB, COLA, FLA) Submit a copy of the approved federal application “Application for and Certification/Exemption of Label/Bottle Approval” for each brand/label being approved. (TTB F 5100.31) Not required for wine products under 7% ABV. 1b. Original Labels Original labels or color reproductions of labels for products are required if: • the Certificate of Label Approval (TTB F 5100.31) is not legible • the product does not require a Certificate of Label Approval, (i.e. wine products under 7% ABV) • there is a vintage or other change that does not require a new Certificate of Label Approval 2. DISCUS Form for Wine and Spirits or as required for Beer, Cereal Malt Beverage or Flavored Malt Beverages Include a copy of the Distilled Council of the United States for the brand of wine or spirits that you wish to register and receive label approval. If necessary, you may contact DISCUS at 202-682-8897. 3. Letter of Authority If the supplier applying for brand registration and label approval is not the manufacturer, a Letter of Authority must be submitted from the manufacturer giving authority to the supplier to distribute the products. 4. NEW BRANDS ONLY - Franchise Agreement Include a signed copy of the Franchise Agreement with signatures of both the Supplier and the Kansas Distributor. Brands must be listed on the Franchise Agreement and the territory must be explicit. Forms are available on our website. ABC-1001 (Rev. 7.1.11) Page 1 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Kansas Department of Revenue Alcoholic Beverage Control Division 915 S.W. Harrison Street, Room 214 Topeka, KS 66625-3512 Phone: 785-296-7015 Fax: 785-296-7185 5. NEW BRANDS ONLY - Territorial Map A Kansas map is included in the application for Brand Registration and Label Approval. Please indicate on the map the territory the franchise agreement covers. The completed map must be returned with the application. If the franchise agreement is for the entire state of Kansas and is stated on the franchise agreement, a map is not required. The Kansas map is available on our website. 6. FEES Label Approval fee is $25.00 for each size of each label to be approved for sale in Kansas. Fees must be included at the time of application. Make checks payable to Kansas Department of Revenue. Attach the check to the voucher and place on top of application packet. APPLICATION INSTRUCTIONS: Section 1 – Supplier Information Complete all information requested. Section 2 – Transaction Requested • • • Select one transaction type per form. You may submit multiple brands for each transaction. Check the appropriate box for the transaction you are requesting. Note: For new label approval requests for seasonal or promotional packages, please enter the effective date the package will be available for purchase by the distributor. NOTE: All label revisions must be approved prior to shipping products to Kansas Distributors. Section 3 – Brand Registration and Label Approval Request All information on the form is required for each size of each label you desire approval to sell in Kansas. Enter your Supplier Permit Number and your Distributor’s name(s), and then complete the following: • UNIMERC or Brewery Code For wine and spirits, enter the UNIMERC code issued by DISCUS. For beer, flavored malt beverage or cereal malt beverage, enter the brewery code number. The brewery code may be alpha-numeric and up to six (6) digits for each size of product and each package configuration. If the brewery does not use a brewery code, unique number, or PDCN, you will be required to obtain a UNIMERC from DISCUS for each size of product and each package configuration. • TTB ID Number Enter the TTB ID assigned on the Certificate of Label Approval (TTB F 5100.31). Enter “NA” for wine products under 7% ABV. • Brand Name Enter the name of the brand you wish to register. • Label Description Enter the name of the label you wish to receive approval to sell in Kansas. Example: merlot, original label, summer fun sweepstakes label, etc. • Vintage For wine products, enter the vintage. If the wine does not have a vintage, enter “NV” for no vintage. • Product Type Enter the corresponding numeric value for the type of product you are registering. A key has been provided to you in the lower left side of the form. Example: 4=Beer. • Container Information includes the following: 1. PKG. Packaging information. Enter how the product is packaged for sale. If the product packaged as 2/12 packs, enter “2/12”. If the product is packaged as 4/6 packs, enter “4/6” or if the product is sold individually, enter “1”. 2. S.U. Selling Units. Enter the quantity of selling units. If the product is 4/6 packs, but sold in a case of 24, enter “24”. If the product is sold individually, enter “1”. 3. SIZE. Enter the unit size and the unit of measure. Example 12oz. or 750ML. 4. TYPE. Enter the type of container the product is being sold in. Example: CAN, LNNR, BTL, ALLN. ABC-1001 (Rev. 7.1.11) Page 2 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Kansas Department of Revenue Alcoholic Beverage Control Division 915 S.W. Harrison Street, Room 214 Topeka, KS 66625-3512 Phone: 785-296-7015 Fax: 785-296-7185 Flavored Malt Beverage Effective July 1, 2006, the Kansas Legislature passed the Flavored Malt Beverage Act to expand the definition of malt beverage to include flavored malt beverage as defined by regulations of the Alcohol and Tobacco Tax and Trade Bureau of the U.S. Department of the Treasury. All flavored malt beverage products will be registered separately from beer and cereal malt beverage products. There will be two strengths: strong flavored malt beverage (4% ABV and more) and weak flavored malt beverage (4% ABV or less). Value Added Pack To register packages that have added value, complete the following: • Complete the Application for Brand Registration and Label Approval. Alcohol and Spirits value added packs must obtain a new UNIMERC code from DISCUS. Describe the added value in the “Label Description” column. All products contained within value added packages must be registered for individual sale in Kansas. • Provide a color photograph of the value added pack • Return to the ABC Marketing Unit. • There is no fee to register new package configurations. Examples: A. Brand, Fictitious Whiskey; Label Description Green Label with cards, Size 750ml, Type VAP. B. Brand, Fictitious Whiskey; Label Description, Gold Label with cards, Size 750ml, Type VAP. Combo Pack To register combo packs, complete the following: • Complete the Application for Brand Registration and Label Approval. Alcohol and Spirits combo packs must obtain a new UNIMERC code from DISCUS. All products within the combo pack must be registered for individual sale in Kansas. Describe the products in the combo pack in the “Label Description” column. • Return to the ABC Marketing Unit. • There is no fee to register new package configurations. Example: A. Brand, ABC; Label Description, Wine Trio 1-Red Napa Valley 750ml, 1-White California 750ml, 1-Rose Napa Valley 750ml; Size, 3-750ml., Type CP. B. Brand; ABC Tequila, Label, Silver 750ml with 50ml on-pack Reposado; Size, 800ml; Type, CP. New Package Configuration New package configurations are an additional package size of a currently approved label. For example, a 12oz. beer can label is currently registered in 4/6 packs and you wish to add 2/12 packs. To add a new package configuration, complete the following: • Complete the Kansas Application for Brand Registration and Label Approval. Select the “New Package Configuration” transaction type. • Return to the ABC Marketing Unit. • There is no fee to register new package configurations. Cancellation of Kansas Registered Brand(s) AND All Labels To cancel registration of brands AND all labels in Kansas complete the following: • Complete the Kansas Application for Brand Registration and Label Approval. Select the “Cancel Brand and All Labels” transaction type. • Enter the name of the brands you wish to cancel. It is not necessary to enter any label information. • Return to the ABC Marketing Unit. • Once processed, products will not display on the Active Brands database on our website. Inactivate Kansas Registered Labels Only To inactivate specific labels in Kansas complete the following: • Complete the Kansas Application for Brand Registration and Label Approval. Select the “Inactivate Labels” transaction type. • Complete Section 3, entering the label(s) you wish to inactivate. • Return to the ABC Marketing Unit. • Once processed, products will not display on the Active Brands database on our website. ABC-1001 (Rev. 7.1.11) Page 3 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Kansas Department of Revenue Alcoholic Beverage Control Division 915 S.W. Harrison Street, Room 214 Topeka, KS 66625-3512 Phone: 785-296-7015 Fax: 785-296-7185 APPLICATION FOR BRAND REGISTRATION AND LABEL APPROVAL CHECKLIST: Refer to the appropriate transaction below and use the checklist to ensure all application requirements are met. TRANSACTION New Brand Registration and Label Approval APPLICATION REQUIREMENTS Complete the Kansas Application for Brand Registration and Label Approval. Attach a copy of the Federal Label Approval (TTB F 5100.31). Labels - attach one complete set of labels if the COLA is not legible or there is no COLA required. Attach DISCUS form. Required for wine and spirits. Attach a Letter of Authority if you are not the manufacturer of the product you are seeking approval. Attach the Franchise Agreement. Attach the completed Kansas Map indicating franchise agreement territory if required. (See instructions on page 2). Attach the correct fee of $25 with the Label Registration Voucher for each size of each label submitted for approval. Submit to the Kansas Alcoholic Beverage Control Marketing Unit. New Label Approval, New Seasonal Package, Vintage Change or Add Additional Vintage Complete the Kansas Application for Brand Registration and Label Approval. Attach a copy of the Federal Label Approval (TTB F 5100.31). Labels - attach one complete set of labels if the COLA is not legible or there is no COLA required. Attach DISCUS form for wine and spirits only. Attach the correct fee of $25 with the Label Registration Voucher for each size of each label submitted for approval. Submit to the Kansas Alcoholic Beverage Control Marketing Unit. Label Revision Complete the Kansas Application for Brand Registration and Label Approval. Attach a copy of the Federal Label Approval (TTB F 5100.31). Labels - attach one complete set of labels if the COLA is not legible or there is no COLA required. Attach the correct fee of $25 with the Label Registration Voucher for each size of each label submitted for approval. New Package Configuration New Value Added Package New Combo Package Inactivate Labels Cancel Brand AND All Labels Complete the Kansas Application for Brand Registration and Label Approval. Submit to the Kansas Alcoholic Beverage Control Marketing Unit. Complete the Kansas Application for Brand Registration and Label Approval. Attach DISCUS form for the value added package. Attach a 5” x 7”.color photograph. Submit to the Kansas Alcoholic Beverage Control Marketing Unit. Complete the Kansas Application for Brand Registration and Label Approval. Attach DISCUS form for the value added package Submit to the Kansas Alcoholic Beverage Control Marketing Unit. Complete the Kansas Application for Brand Registration and Label Approval. Submit to the Kansas Alcoholic Beverage Control Marketing Unit. Complete the Kansas Application for Brand Registration and Label Approval. Submit to the Kansas Alcoholic Beverage Control Marketing Unit. Approved brands and label registrations are posted to the Active Brands database on our website at: https://www.kdor.org/abc/brands/default.aspx ABC-1001 (Rev. 7.1.11) Page 4 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Kansas Department of Revenue Alcoholic Beverage Control Division 915 S.W. Harrison Street, Room 214 Topeka, KS 66625-3512 Phone: 785-296-7015 Fax: 785-296-7185 APPLICATION FOR BRAND REGISTRATION AND LABEL APPROVAL SECTION 1 – SUPPLIER INFORMATION Supplier Name Kansas Supplier Permit No. 19 - ___ ___ ___ - ___ ___ ___ ___ - ___ ___ Business Mailing Address City State Zip Code Contact Person Title of Contact Person Telephone Number FAX Number E-Mail Address SECTION 2 – TRANSACTION REQUESTED* New Brand Registration and New Label Approval New Label Approval Request Change Current Vintage Add Additional Vintage New Label Approval Request for Seasonal or Promotional Package Label Revision Request New Package Configuration Value-Added or Combo Package Inactivate Label(s) Cancel Brand and all Labels Other__________________________________ $25 each label x _____ labels = $______ $25 each label x _____ labels = $______ $25 each label x _____ labels = $______ $25 each label x _____ labels = $______ $25 each label x _____ labels = $______ Effective Dates From__________ To ____________ $25 each label x _____ labels = $______ (No charge) (No charge) (No charge) (No charge) TOTAL LABELS __________ TOTAL FEE $____________ * Submit only one transaction type per form. You may enter multiple brands for each transaction type. FOR DEPARTMENT USE ONLY Total Label Approval Fees Received: $ Number of Labels Approved: Additional Fees Due: NO Number of Labels Denied: Date: Initials: X $25 = YES Refund Due: NO YES Amount $ Reason: Signed: Date: KANSAS ALCOHOLIC BEVERAGE CONTROL DIVISION Label Approval Fee Voucher Supplier DBA Name__________________________________________________________ $25.00 Per Label Approval Fee enclosed (BRTX) Total Amount $_____________________ ABC-1001 (Rev. 7.1.11) Page 5 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Kansas Department of Revenue Alcoholic Beverage Control Division 915 S.W. Harrison Street, Room 214 Topeka, KS 66625-3512 Phone: 785-296-7015 Fax: 785-296-7185 SECTION 3 - BRAND REGISTRATION AND LABEL APPROVAL REQUEST Kansas Supplier Permit Number: 19 – __ __ __ – __ __ __ __ – __ __ *PRODUCT TYPE – Enter the number code in the “PRODUCT TYPE” field above: 5=Cereal Malt Beverage (3.2% ABW and less) 1=Alcohol/Spirits 6=Strong Flavored Malt Beverage (greater than 4% ABV) 2=Light wine (14% and less) 7=Weak Flavored Malt Beverage (4% ABV or less) 3=Fortified Wine (14.1% and greater) 4=Beer (greater than 3.2% ABW) CONTAINER TYPE** SIZE S.U. PKG CONTAINER INFORMATION ALCOHOL % LABEL DESCRIPTION PRODUCT TYPE* BRAND NAME (Enter N/A if not required). (Enter NV if no vintage) TTB ID # VINTAGE, IF APPLICABLE UNIMERC OR BREWERY CODE Distributor Name(s):_________________________________________________________________________________________________________________ **CONTAINER TYPE EXAMPLES – Enter the appropriate abbreviation in the “CONTAINER TYPE” field above or add your own abbreviation and provide explanation: BTL CAN PL BTL CP=Combo Pack LNNR ALLN KEG VAP=Value Added Pack PET LN TVLR=TRAVELER Clear Form ABC-1001 (Rev. 7.1.11) Page 6 of 6 American LegalNet, Inc. www.FormsWorkFlow.com