Laws and regulations that govern the production and sale of alcoholic beverage products can seem very strict. This is true for the most part. However, there are circumstances when variances from the rules–either permanent or temporary–are authorized. The key to any variance from federal or state alcoholic beverage regulations is the same: a request for variance must be made...
Continue ReadingNearly all actors in the alcoholic beverage industry are subject to federal advertising regulations administered by the Trade Investigations Division of the Alcohol and Tobacco Tax and Trade Bureau (TTB). Separate regulations cover beer (27 CFR Part 7), wine (27 CFR Part 4), and distilled spirits (27 CFR Part 5), and there are a number of TTB administrative rulings...
Continue ReadingNo new beverage legislation comes out of Florida’s 2022 legislative session. All eight of the proposed bills that might have changed Florida’s alcoholic beverage industry failed to advance to a full vote of the Florida Senate or House of Representatives. In most cases–such as HB 715/SB 924, which would reduce the number of persons required to be served to...
Continue ReadingThe 2022 Session of the Florida Legislature will include consideration of a number of bills affecting breweries, wineries, distilleries, retailers and consumers. The 2022 regular session of the Florida Legislature kicks off Tuesday, January 11, 2022. This 2-month session will see the consideration of a number of bills that could affect the Florida beverage industry as soon as July....
Continue ReadingBefore selling alcoholic beverages in another state–whether directly to consumers (where permitted) or through an in-state distributor–a supplier must know what preliminary compliance is required in that state. In most cases, an out-of-state supplier is required to obtain permission from one or more government agencies of the destination state. While each state’s requirements are different, an out-of-state supplier is...
Continue ReadingFlorida’s 150 Year Old Alcohol Adulteration Statute The Florida Beverage Law is, in many instances, confusing, contradictory, and just plain weird. It is also unenforceable in some aspects. Take for instance Florida’s Adulterated Liquor Statute, Florida Statutes Section 562.455. First enacted in 1868, the relatively short Adulterated Liquor Statute makes it a felony of the third degree to include...
Continue ReadingFederal law requires that the well-recognized Government Warning: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. be affixed to a “conspicuous and prominent place...
Continue ReadingWe reviewed the 2021 Florida Craft Distilleries Law in two prior blog posts–2021 Florida Craft Distilleries Law: General Overview and 2021 Florida Craft Distilleries Law: Destination Entertainment Venues–but questions remain. Following are just five questions we have about the new law. Question #1: Can new Florida craft distillery apply directly for the DD(CD) license? It is unclear whether a...
Continue ReadingThe 2021 Florida Craft Distilleries Law creates a new non-quota, consumption-on-premises only alcoholic beverage license that may be issued to a craft distillery located within a destination entertainment venue. Because the ABT has not yet designated class for this new license, this article refers to this license as a 4COP-DEV. For a general discussion of the 2021 Craft Distilleries...
Continue ReadingThe 2021 Florida Craft Distilleries Law changes the legal landscape for all craft distilleries in 3 main areas: (1) what they can make and sell to consumers, (2) where they can sell it, and (3) how big they can get. A fourth aspect of the law–the creation of “destination entertainment venues”–will be explored in a future blog post. Florida...
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