[Webinar Recap] Product Registrations in Kansas
[Webinar Recap] Product Registration in KansasIn this webinar, we sat down with the Kansas Department of Revenue to gain insight into how the beverage alcohol product registration process works in their state. We cover beer, wine, and spirit product registrations, as well as how they review each of the applications. And of course, BIG thanks to Chantel and Peggy over at the Kansas Department of Revenue for hosting this webinar with us and looking at new ways to engage their licensees. You can find a notes summary here.
Here is a recap of the questions and answers section of the Q&A. Have a question that you'd like answered? Reply here and we'll try to help!
An importer is taking over a new wine brand from another importer as of January, they already have the COLA’s approved by the TTB and they will not be able to start buying and selling until January when the importer change comes into action. Can they register the brands ahead of time and postdate them to January?
They can register the brands, however the State of Kansas can not approve it unless the date on the Franchise Agreement Letter and the Brand Authorization letter are before January 1st. If the new importer can not start purchasing and selling before January 1st, the State of Kansas can not start registering before January 1st. Additionally, if the importer is changing their Kansas distributor as well, a Franchise Agreement Termination Letter is also needed.
What are the websites in Kansas for supplier permit renewals and label renewals?
www.ksabconline.org is for renewing your Kansas supplier permit,while www.ks.productregistrationonline.com/renwals is for label renewals.
Do we need to re-register a product if there is an alcohol change? For example sometimes there are multiple bottlings for the same vintage.
If the alcohol percentage is replacing the alcohol percentage that was previously on the COLA, you will want to do a revision on that specific item. If not, you will want to do a new registration.
If we are doing a label revision or line extension for wine specifically, do we need to attach the Franchise Agreement letter?
You will only need to attach the Franchise Agreement letter if the label is specific to the Franchise Agreement letter. Typically, Franchise Agreement letters are specific to brands, not labels. But in the rare case that a Franchise Agreement letter is specific to a label, the Franchise Agreement letter should be attached with the label revision.
Is the item number defined by Kansas?
No. Because Kansas now uses PRO, the item number is randomly generated and assigned to the item by PRO.
If a winery, brewery or distillery is located in Kansas, are there any fees for their labels?
No. As long as they are located in Kansas, there are no fees for their labels.
Is there a difference in pricing for a new item vs. a renewed item in the State of Kansas?
No. All labels cost $25.00.
What are PRO fees for renewal items vs. new items?
The PRO fee for a new item is $5.00 and the PRO fee for a renewal item is $3.50.
If a supplier sees duplicates in their list of items to renew, what could be the cause of that if the descriptions are the same?
Most likely the duplicates are wines with identical descriptions but that are from different vintages. If the item numbers are the same, it indicates a duplicate and some sort of glitch because every item number should be unique to a specific product.
If a change occurs in a COLA’s amount of alcohol but it is in the same tax class, should the supplier use the same COLA number for that revision?
Yes, they should use the same COLA.
If a brewery changes it’s Brewery Permit Number with the TTB, do they need to resubmit all previously approved labels to the TTB?
Only if there is a change on the label.
If the revision on the wine label does not require a new COLA, is the fee still $25.00?
Yes, because Kansas law requires for the updated label to be registered
Can you please define what a Franchise State is?
A Franchise State requires a supplier and distributor to have a legal agreement in reference to a specific brand before the brand can be sold in Kansas. That agreement is in place until it is terminated. The supplier or distributor can terminate it at any time. Typically, termination of a Franchise Agreement takes a minimum of 30 days and it includes a Termination Letter or Affidavit. The State of Kansas will send out a termination letter to all parties involved and if there is no legal action taken within those 30 days the State of Kansas will either inactivate the brands or switch the distributor if there is a new Franchise Agreement in place.
Can the Franchise Agreement be for a specific product or COLA or does it have to be on the brand level?
It is mainly on the brand level. However, the State of Kansas does have some that are just on the (label) or specific product level.
Is using PRO mandatory in Kansas?
As of July 1st, 2015 yes.
When will Combo and Vat registrations be live?
The goal is to have it live in the next two weeks.
Do you need to somehow be part of Shipcompliant to use PRO?
No, it is a public site that anybody can use