Rum Soaked Oak - and the TTB

[Emian]

I got a formula rejected by the TTB, stating that "The rum-soaked oak chips must be treated so as to contribute no alcohol to the final product. Otherwise, this product must be produced at a distillery and be taxed at the Distilled Spirits tax rate"

I don't mind heating the rum-soaked oak to 180F and boiling off the alcohol, as it's the flavor I want anyway, not the miniscule amount of alcohol - I just don't understand the why.

CFR7.11 does not seem to prohibit it, and I can't find anything else that would say this is a problem. I've called the TTB, can't get an answer - the "specialist" that rejected it has not returned my calls or emails.

I made it clear in the formlula that this was commercially purchased Spiced Rum - so it's had its tax paid already.

Any ideas what this is about?

[ChesterBrew]

You can't have additives that contribute to the alcohol content. It's a blanket rule.

[Emian]

You can't have additives that contribute to the alcohol content. It's a blanket rule.

What rule is that? Can you give me the number? 27 CFR7.11 appears to says you can, as long as it contributes no more than 49% of the total alcohol. So, that's the reason for my confusion.

§ 7.11 Use of ingredients containing alcohol in malt beverages; processing of malt beverages.

(a) Use of flavors and other nonbeverage ingredients containing alcohol —

(1) General. Flavors and other nonbeverage ingredients containing alcohol may be used in producing a malt beverage. Except as provided in paragraph (a)(2) of this section, no more than 49% of the overall alcohol content of the finished product may be derived from the addition of flavors and other nonbeverage ingredients containing alcohol. For example, a finished malt beverage that contains 5.0% alcohol by volume must derive a minimum of 2.55% alcohol by volume from the fermentation of barley malt and other materials and may derive not more than 2.45% alcohol by volume from the addition of flavors and other nonbeverage ingredients containing alcohol.

(2) In the case of malt beverages with an alcohol content of more than 6% by volume, no more than 1.5% of the volume of the malt beverage may consist of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.

[ChesterBrew]

I thought it was a blanket rule -- obviously I am wrong. I'll let somebody else comment who may know what the deal is...