The 2023 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, March 7, 2023. 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 ReadingWhen it comes to delivering beer from breweries to distributors and from distributors to retailers, it’s not just about the beer. There are also kegs, tap markers, and pallets that change hands in each transaction, and the Florida Beverage Law does not provide much guidance on their management. This is why it’s important for all parties – brewery, distributor,...
Continue ReadingA love for collaborations–“collabs”–is among the (many?) things that hip hop artists and craft alcohol manufacturers share in common. In both cases, the final product often appears to be a spontaneous creation of free-flowing, shared artistry. The reality is–or at least should be–a carefully plotted and executed navigation of fundamental questions about ownership, commercialization, and distribution. Whether a record...
Continue ReadingThe manufacturing of food products, including alcoholic beverages, is regulated by the U.S. Department of Health and Human Services’ Food and Drug Administration (FDA). The FDA is responsible for protecting and promoting public health through the regulation and supervision of food safety and other areas. Before manufacturing or selling alcoholic beverages (or any other food product), unless an exception...
Continue ReadingThe Florida Beverage Law and related regulations contain no specific requirements concerning restrictive territories or any other contractual terms concerning wine and distilled spirit products. For beer and malt beverage products, however, the Florida Beverage Law, requires exclusive sales territories for beer and malt beverage products (collectively referred to here as “beer”). Since 1988, beer may be sold by...
Continue ReadingIn the State of Florida, two different licenses are available to make beer and malt beverages for commercial sale. Which beer manufacturing license is right for you? Factor Production Brewery License (CMB License) Brewpub License (CMBP License) What does the license let you do? Make beer and malt beverages and deliver it to licensed distributors. Make beer and malt beverages...
Continue ReadingThis article is Part 2 of our two-part series on the termination of beer franchise rights in Florida. For Part 1, see Termination of Florida Beer Distribution Agreements. Florida’s Beer Franchise Statute (Fla. Stat. s. 563.022) recognizes that a Florida distributor acquires a valuable franchise right when it enters into a distribution agreement with a beer suppler (whether brewery...
Continue ReadingThis article is Part 1 of our two-part series on the termination of beer franchise rights in Florida. For Part 2, see Florida Distribution Agreements: Buyouts and Buybacks. Florida’s Beer Franchise Statute (Fla. Stat. s. 563.022) puts severe controls on the contractual relationship between beer suppliers and beer distributors. Implicit to these controls is recognition of the beer franchise–a...
Continue ReadingIt’s natural to want to expand a successful brewery and taproom to new parts of the state. Before launching that second Florida location for your brewery or taproom, Florida brewery owners should pay attention to the following three considerations.
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...
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