General Kombucha Information
While there is variation among kombucha products, the term "kombucha" generally refers to a fermented beverage produced from a mixture of steeped tea and sugar, combined with a culture of yeast strains and bacteria. Some kombucha products also have fruit juice or other flavors added during production. The combination of sugar and yeast triggers fermentation, which may produce a kombucha with an alcohol content of 0.5% or more alcohol by volume. When this happens, the kombucha is regulated as an alcohol beverage under federal law and TTB regulations.
Last reviewed/updated: 09/17/2015
Some kombucha products contain 0.5% or more alcohol by volume. These products are alcohol beverages and are consequently subject to TTB regulations.
It is important to note that regardless of the alcohol content of the finished beverage, when kombucha reaches 0.5% alcohol or more by volume at any time during the production process, it must be produced on a TTB-qualified premises and is subject to TTB regulation. Thus, for example, a producer of a kombucha-style beer that reaches an alcohol content of 1.2% alcohol by volume during production must qualify as a brewer and comply with TTB regulations in 27 CFR part 25, even if the finished product is a non-alcoholic beverage (containing less than 0.5% alcohol by volume)
For purposes of these FAQs, we are assuming that the kombucha products that we are addressing would derive alcohol primarily from the fermentation of sugar, and, thus would be classified as beer under the IRC and TTB regulations if they contain 0.5% or more alcohol by volume. See K6 for additional information on how kombucha containing 0.5% or more alcohol by volume is classified under federal law.
Last reviewed/updated: 09/17/2015
Fermentation, which is part of kombucha production, is a natural reaction when sugar and yeast are combined. Several factors can influence how much alcohol is produced by fermentation, including time and temperature.
Even though a kombucha beverage may have less than 0.5% alcohol by volume at the time of bottling, fermentation may continue in the bottle after it leaves the production facility, depending on how the kombucha beverage is made and stored. As a result, the alcohol content may increase to 0.5% or more alcohol by volume. Such a product is an alcohol beverage, which is subject to the laws and regulations governing the production, taxation, labeling, marketing, and distribution of alcohol beverages.
Last reviewed/updated: 09/17/2015
Consumers who suspect that a kombucha they bought may actually be an alcohol beverage that has not been produced or labeled in compliance with federal law are encouraged to view our consumer complaints page for suggestions about how to proceed.
Last reviewed/updated: 09/17/2015
Producers who are unsure of the alcohol content of their kombucha may have it tested, using any method that has been formally validated or is otherwise scientifically valid for purposes of determining the alcohol content of beverages, including beverages that contain less than 0.5% alcohol by volume. A scientifically valid method is, among other things, accurate, precise, and specific for its intended purpose, and it has results that are consistently reliable, accurate, and reproducible.
See Kombucha and Appropriate Alcohol Analysis Testing Methods (K17-K20) for additional information about testing for alcohol content.
Last reviewed/updated: 09/17/2015
Because “kombucha” does not refer to a recognized classification of alcohol beverage, the classification of kombucha under the IRC depends on its formulation and method of production. For example, under the IRC, beer may be fermented from malted barley or a substitute for malt, such as sugar.
If the alcohol content of a kombucha is 0.5% or more by volume, and the alcohol is derived from the fermentation of sugar or another appropriate substitute for malt, it will generally be classified as beer under the IRC and TTB regulations at 27 CFR part 25. For more information on the definition of beer, see 26 U.S.C. 5052(a) and 27 CFR 25.15.
It is possible to produce a kombucha-style product that is classified as a wine or distilled spirits product. However, for purposes of these FAQs, we are assuming that the kombucha products that we are addressing derive alcohol primarily from the fermentation of sugar, and, thus would be classified as beer under the IRC and TTB regulations if they contain 0.5% or more alcohol by volume.
Producers who are unsure of the classification of their kombucha products should submit a written request to TTB’s Alcohol Labeling and Formulation Division. You should provide a detailed and specific quantitative list of every ingredient used to make the kombucha, as well as a step-by-step description of the entire production process.
Last reviewed/updated: 09/17/2015
You may produce such a product without qualifying with TTB as long as the product never reaches 0.5% alcohol by volume or more during production, at the time of bottling, or after removal due to continued fermentation in the container.
Last reviewed/updated: 09/17/2015
Such products are alcohol beverages under the IRC and must comply with all the same federal laws and regulations as a kombucha manufactured as an alcohol beverage, including payment of the appropriate federal excise taxes and the requirement to include the Health Warning Statement on the product labels.
If TTB picks up a sample of kombucha in the marketplace and determines that the sample has an alcohol content of 0.5% or more alcohol by volume, TTB will expect the producer to either:
- Take corrective steps, such as adopting a manufacturing method to ensure that fermentation does not continue after bottling; or
- Qualify with TTB as a producer of alcohol beverages.
To avoid potential liability for violations of the IRC and ABLA, a manufacturer of kombucha who is not qualified as a brewer but wishes to produce kombucha as a non-alcoholic beverage should use a method of production that ensures that the alcohol content of the kombucha will not increase after removal from the premises due to continued fermentation in the container.
Last reviewed/updated: 09/22/2015
Yes, you are liable for the federal excise taxes on this alcohol beverage, and you may face other liability under federal law. Refrigeration of the product is not an adequate method of ensuring that the alcohol content will not increase while in the original container after removal because, among other things, you cannot control whether the product will be refrigerated after removal.
If TTB picks up a sample of kombucha in the marketplace and determines that the sample has an alcohol content of 0.5% or more alcohol by volume, TTB will expect the producer to either:
- Take corrective steps, such as adopting a manufacturing method to ensure that fermentation does not continue after bottling; or
- Qualify with TTB as a producer of alcohol beverages.
To avoid potential liability for violations of the IRC and ABLA, a manufacturer of kombucha who is not qualified as a brewer but wishes to produce kombucha as a non-alcoholic beverage should use a method of production that ensures that the alcohol content of the kombucha will not increase after removal from the premises due to continued fermentation in the container.
Last reviewed/updated: 09/22/2015
Yes, if the kombucha is classified as beer. Federal law and TTB regulations allow an adult to produce, without payment of tax, a limited amount of beer for personal or family use and not for sale. The amount produced may not exceed 200 gallons per calendar year for households of two or more adults, or 100 gallons per calendar year if there is only one adult residing in the household. See Section 5053(e) of the IRC and 27 CFR 25.205 for more information about the personal exemption for beer.
Please note that although there is a similar exemption for home production of wine (see Section 5042(a)(2) of the IRC and 27 CFR 24.75), federal law provides no exemption for the production of distilled spirits for personal use. More information about the prohibition on home distillation is available at our Home Distilling page.
Home producers of beer or wine should also contact state and local alcohol regulatory authorities to learn about their requirements.
Last reviewed/updated: 09/17/2015
Kombucha Labeling Requirements
Yes, if the kombucha beverage contains 0.5 percent or more alcohol by volume. The container of any alcohol beverage sold or distributed in the United States with an alcohol content of 0.5 percent or more must bear the health warning statement required by the Alcoholic Beverage Labeling Act of 1988. (See 27 U.S.C. 215 and 27 CFR part 16.) This requirement applies regardless of whether the kombucha is subject to the labeling requirements of the Federal Alcohol Administration Act (FAA Act). (See K13.)
See 27 CFR part 16 for the wording, type size and other formatting rules regarding the health warning statement.
Last reviewed/updated: 09/17/2015
IRC labeling requirements apply to all kombucha products that contain 0.5 percent or more alcohol by volume, regardless of whether the product is also subject to the labeling requirements of the FAA Act. (See K13.)
If your kombucha is classified as a beer, you must comply with the labeling and marking regulations at 27 CFR 25.141-25.145, including the requirement that each container must show by label or otherwise:
- The name or trade name of the brewer;
- The net contents of the container;
- The nature of the product (such as “beer”); and
- The place of production.
Last reviewed/updated: 09/17/2015
The determination of whether a kombucha falls within the classification of a malt beverage, wine, or distilled spirits product under the FAA Act must be made on a case-by-case basis, depending on the formulation and method of production. Products subject to the FAA Act must comply with its labeling and advertising regulations, trade practice rules, and additional qualification requirements.
Some alcohol beverages are subject to tax as beer, but are not subject to the requirements of the FAA Act. For example, beer (other than saké or similar products) that is made without both malted barley and hops is not subject to the labeling requirements of the FAA Act and must instead comply with FDA labeling requirements. Such products are still subject to the marking requirements of the IRC and the health warning statement requirements of ABLA.
For more information on brewery products not subject to the FAA Act’s labeling and advertising regulations, see TTB Ruling 2008-3.
Last reviewed/updated: 09/17/2015
Requirements for Kombucha Classified as Beer
If your kombucha is classified as beer, you must qualify as a brewer under 27 CFR part 25 and pay appropriate Federal excise taxes. Please refer to K15 and K16 for more information on beer tax rates and qualification as a brewer, respectively.
If we classify your kombucha as beer, you must remove it in a container that complies with the marking, branding, and labeling requirements of part 25. (See K12 under Kombucha Labeling Requirements for additional information).
Also under part 25 (see 27 CFR 25.55), a brewer must file a formula with TTB before producing kombucha.
If, based on the submitted formula, we classify your kombucha as a malt beverage (as defined by the FAA Act) your kombucha is also subject to the FAA Act, including the labeling and advertising requirements of 27 CFR part 7.
In addition, if your kombucha contains 0.5% or more alcohol by volume, your containers must bear the health warning statement, as outlined in 27 CFR part 16. See K11 under Kombucha Labeling Requirements for more information.
Last reviewed/updated: 09/17/2015
Section 5051 of the IRC imposes a tax on all beer brewed or produced, and removed for consumption or sale, within the United States, or imported into the United States. Under the IRC, a brewer pays taxes on a barrel equivalency, and a barrel (when used as a unit of measurement) is defined as 31 gallons of beer. The rate of tax is $18 per barrel, and a like rate for any other quantity or for fractional parts of a barrel would apply. A reduced rate of $7 a barrel applies to the first 60,000 barrels of beer removed for consumption or sale by qualified brewers in the United States who produce not more than 2,000,000 barrels of beer during a calendar year.
Last reviewed/updated: 09/17/2015
To qualify as a brewer, you must file and receive approval of a Brewer’s Notice and a bond. Visit our Getting Started in the Brewing Industry page for more general information.
You also should contact state and local alcohol regulatory authorities to learn about state and local requirements.
Last reviewed/updated: 09/17/2015
Testing Methods to Measure Kombucha Alcohol Content
Brewers qualified by TTB under the IRC are required to maintain records of the alcohol content of their products. (See 27 CFR 25.293.) Producers of non-alcoholic kombucha products who are not required to qualify with TTB under the IRC are not subject to this requirement.
However, to avoid liability under the IRC and ABLA, kombucha producers should take appropriate steps, including testing of alcohol content, to ensure that the alcohol content of their product does not reach or exceed 0.5 percent alcohol by volume at any time during production, during bottling, or after bottling.
Last reviewed/updated: 09/17/2015
When TTB tests samples of kombucha products from the marketplace to measure the amount of alcohol in the product, it generally uses the headspace gas chromatography-flame ionization detection (headspace GC-FID) method (AOAC reference 2016.12) or the enzymatic method (AOAC reference 2017.07). In the past, TTB also has used the distillation-specific gravity method (AOAC reference 935.21), using a densitometer instead of a pycnometer, which is another scientifically valid method for this purpose.
For information regarding other scientifically valid methods that may be used to test the alcohol content of kombucha beverages, see FAQ K19 below.
Last reviewed/updated: 08/3/2022
Yes. To ensure the reliability of results, producers may use any method that has been formally validated (e.g., that underwent a multi-laboratory performance evaluation) or that is otherwise scientifically valid for purposes of determining the alcohol content of kombucha beverages, including kombucha beverages that contain less than 0.5 percent alcohol by volume.
A scientifically valid method is, among other things, accurate, precise, and specific for its intended purpose, and produces results that are consistently reliable, accurate, and reproducible.
TTB is aware of the following scientifically valid methods that can be used to measure low levels of alcohol in kombucha:
- Headspace GC-FID (AOAC reference 2016.12);
- Headspace Solid Phase Micro Extractions (SPME) GC-MS (AOAC reference 2019.4);
- Distillation-specific gravity method (AOAC reference 935.21), using a densitometer instead of a pycnometer; and
- Two enzymatic methods (AOAC references 2017.07 and 2019.08).
Last reviewed/updated: 08/3/2022
You may contact the Beverage Alcohol Lab of TTB’s Scientific Services Division.
Last reviewed/updated: 09/17/2015
Responsibilities of Kombucha Distributors and Retailers
Retail and wholesale dealers of kombucha with 0.5% or more alcohol by volume must register with TTB as dealers in alcohol beverages, using form TTB F 5630.5d. Retail and wholesale dealers must meet the requirements outlined under TTB regulations at 27 CFR part 31.
In addition, wholesalers and importers must obtain a permit if the kombucha is subject to the FAA Act. (See K13.) Dealers also should contact state and local alcohol regulatory authorities to learn about state and local requirements.
Last reviewed/updated: 09/17/2015