U.S. Rep. Andy Barr (R-KY) spearheaded a bipartisan group of 86 lawmakers who requested that the U.S. Food and Drug Administration (FDA) permit producers of distilled spirits to continue manufacturing hand sanitizer to help with shortages created by the COVID-19 pandemic.
Rep. Barr and his home-state colleague U.S. Rep. John Yarmuth (D-KY) co-authored a March 27 letter sent to FDA Administrator Stephan Hahn urging the agency to update its guidance regarding the use of undenatured alcohol in sanitizers.
“Undenatured alcohol is food grade alcohol that is compliant with the WHO’s hand sanitizer formula and has the same effectiveness as denatured alcohol,” according to their letter. “The United States largely differentiates between the two types of alcohol for tax purposes — with undenatured alcohol incurring the distilled spirits Federal Excise Tax (FET) and paid to the federal government.”
Rep. Barr and the lawmakers noted that a provision was included in the recently passed COVID-19 relief package that would temporarily remove the FET on hand sanitizer production as long as the distiller has followed FDA guidance.
“Through the current guidance, the FDA is standing in the way of hundreds of thousands of gallons of hand sanitizer from being produced and given to those on the front lines battling this pandemic,” the members wrote. “We have a responsibility to provide more resources to help flatten the curve and alleviating this burden would allow distilleries the opportunity to step up and help their communities.”
The lawmakers strongly urged the FDA to update its guidance so that it recognizes the use of undenatured alcohol in the production of hand sanitizer during the current health crisis.
“This will ensure distillers do not face a tax bill for filling a vital need in their communities,” wrote Rep. Barr and his colleagues.