Brands | Read Time: 6 minutes

Considerations for Collaborations in Florida

A 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...

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Breweries | Read Time: 3 minutes

Brewers’ Law 101: Federal FDA Food Facility Registration

The 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...

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ABT | Read Time: 2 minutes

Exclusive Sales Territories Required for Beer Distribution in Florida

The 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...

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Breweries | Read Time: 2 minutes

Florida Production Brewery or Brewpub: Which License is Right for You?

In 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...

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Breweries | Read Time: 3 minutes

Florida Distribution Agreements: Buyouts and Buybacks

This 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...

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Breweries | Read Time: 4 minutes

Termination of Florida Beer Distribution Agreements

This 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...

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Breweries | Read Time: 3 minutes

Out-of-State Suppliers: Check Requirements of 3 Destination State Agencies

Before 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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Blog | Read Time: 6 minutes

FL Breweries & Distilleries: Be Wary of Home Delivery Service Apps

The terms and conditions for popular food and alcohol delivery service apps may be incompatible with the Florida Beverage Law’s prohibition on alcohol home delivery by breweries and craft distilleries. Florida Breweries and Craft Distilleries are Prohibited from Making Deliveries to Customers The Florida Beverage Law (specifically Florida Statutes Section 561.57(1)) generally allows licensed alcohol vendors to accept remote...

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ABT | Read Time: 5 minutes

2021 Florida Craft Distilleries Law: 5 Unanswered Questions

We 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...

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