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), the food processor...
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 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 ReadingIf life is a highway, where do you stop for a drink? With over 274,000 lane miles–seventh most in the United States (per Cubit’s Blog)–Florida offers a lot of ways for people to get to where they’re going, including breweries, wineries, and distilleries. To help people get there, the Florida Statutes authorize roadway directional signs for qualifying alcoholic beverage...
Continue ReadingThe 2021 Session of the Florida Legislature will include consideration of a number of bills affecting breweries, wineries, distilleries, retailers and consumers. The 2021 regular session of the Florida Legislature kicks off Tuesday, March 2, 2021. This 2-month session will see the consideration of a number of bills (though not as many as in prior years) that could affect...
Continue ReadingWho can delivery beer, wine, and distilled spirits directly to the homes of Florida customers? See the following summary chart and the explanations below. Florida Breweries Cannot Deliver Alcohol to Customers’ Homes While certain breweries are allowed by Florida law to sell alcoholic beverages to customers, breweries are specifically prohibited from delivering alcohol away from their licensed taproom or...
Continue ReadingThe end of the federal Craft Beverage Modernization and Tax Reform Act (CBMTRA) on December 31, 2020 would mean big excise tax increases for small manufacturers. What is the CBMTRA and Where is It Going? The CBMTRA was passed along with the Tax Cuts and Jobs Act of 2017. The federal law made changes to the US Tax Code...
Continue ReadingOne of the greatest challenges to opening or expanding an alcoholic manufacturing plant–whether brewery, winery, or distillery–is complying with local zoning ordinances. While many Florida communities have enacted specific craft beverage ordinances, most have not. As a result, getting that all-important zoning approval for a new or amended alcohol manufacturing or retail license can pose a time and cost...
Continue ReadingFlorida’s Three Tier System is a source of constant frustration for most of Florida’s alcoholic beverage and manufacturers. Brewers, distilleries, and (most) wineries are prohibited from distributing their own products to retail vendors. Florida breweries and distilleries are prohibited from selling their products to online customers. Florida distilleries can have gift shops, but they are prohibited from selling beverages...
Continue ReadingE-commerce allows entrepreneurs to build direct-to-consumer (DtC) retail businesses and manage them from anywhere. Whether selling snow skis or water skis (or both), geography is no obstacle for a good retail website and strong brands. When it comes to the heavily regulated alcoholic beverage industry, however, it’s not so simple (see How to Build a Direct-to-Consumer Florida Beverage Company)....
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