Study: What Bacteria Survive Digestion?
New research has explored how lactic acid bacteria (LAB) in sauerkraut and tibicos survive digestion and change gut microbiota composition.
This work, published in Frontiers in Microbiology, investigated how a fermentation production process affects LAB and yeast microbial viability and probiotic potential. Though there are studies that demonstrate health benefits of fermented foods, few “explore how being part of a whole fermented food matrix affects microbial viability during fermentation, storage and gastrointestinal (GI) transit.”
The study focused on non-dairy, botanical fermented foods, defined as “microbially transformed plant products rich in health-promoting components.” Tibicos and sauerkraut were chosen because recent research had found the microbial diversity of the two ferments “far exceeded that of dairy-based ferments, as well as containing the largest numbers of potential health-promoting gene clusters.” The tibicos studied was sugar-based while the sauerkraut was brine-based, and both contained various strains of LAB and bioactive components.
Ginger, cayenne pepper and turmeric added to tibicos were all found to have different survival rates in the digestion tract. These functional spices are often added to fermented products for their anti-inflammatory and sensory properties, but their microbial proliferation had never been adequately explored. Cayenne was the clear winner, as adding it to tibicos “significantly improved the survival rate of LAB during simulated gastric and small intestinal digestion compared to ginger and turmeric.” Ginger in tibicos had a higher rate of LAB survival than turmeric, though neither had a significantly higher LAB survival rate than plain tibicos. But adding ginger significantly increased and sustained microbial viability of LAB.
The research team — from University of Melbourne — did not perform the study on human subjects, but simulated upper gastrointestinal digestion and colonic fermentation tests using pig feces.
Some other significant findings:
- For an optimal microbial survival rate of 70-80%, tibicos should be consumed within 28 days, and sauerkraut within 7 weeks.
- Sauerkraut made with different salt concentrations did not show any significant variation in LAB counts.
- Inoculating sauerkraut with a starter culture increased LAB counts during fermentation and storage. But, by the end of storage, the LAB counts in the inoculated sauerkraut “dropped to undetectable levels.”
- Spontaneously-fermented sauerkraut LAB counts remained stable through the storage period.
“Botanical fermented foods are cheap, easily made, and consumed globally,” the study concluded. “This makes them excellent candidates for the dietary management of pro-inflammatory noncommunicable diseases, such as type 2 diabetes and metabolic syndrome.
Bubbling Over: Pandemic Sourdough
Homebound during the Covid-19 outbreak, budding home bakers around the globe made sourdough baking their new hobby. Hailed as the “breakout star of pandemic-era kitchens” by The New York Times, sourdough became a national fascination as more people experimented with the microbe-enabled, tangy bread.
We asked three experts to share their thoughts on the sourdough craze — educator Vanessa Kimbell (of The Sourdough School), bakery owner Azikiwee Anderson (Rize Up Bakery) and Karl De Smedt, curator of the world’s only sourdough starter library.
The question: How did the pandemic change the market for professionally-baked sourdough? Are more people making their own or are they buying from professional bakers?
Vanessa Kimbell, founder The Sourdough School
The pandemic changed the market in several ways. The first thing is, some of the large manufacturers that I’ve been talking to have been starting to appreciate and understand that people want real sourdough. And by that I mean sourdough that is genuinely long, slow fermented with wild yeast and lactic acid bacteria. They’ve also begun to appreciate the connection between bread and health. Authenticity and integrity are the two words that come to my mind when I think about how the pandemic has impacted the professional sourdough market.
There’s no question that there was an exponential increase in home bakers making sourdough during the pandemic. It’s rather beautiful. I think when we were gifted the time to make those connections, so many of us used that. Will there be sudden change in behavior? People have now gone back to work and now I’d say there’s almost been a backlash against people wanting to take up sourdough. It became almost too trendy to the point where there can be a backlash. I have noticed there was a significant drop off as life has returned to normal. But that’s only to be expected. The joy of discovering we have a little freedom as a home baker making their own bread, I’d say it’s leveling back out again to pre-pandemic numbers.
Azikiwee Anderson, founder Rize Up Bakery
I started baking like most of the world did during the pandemic. Normally we would all just go to the store and pick up whatever mediocre bread they had on hand, never thinking twice [that] it was full of preservatives and made with cheap industrial flour. Then all of sudden we had the thing that is always in short supply “TIME”! So we all tried to connect to the nostalgia of being self-sufficient since we had no real control over most things.
The sheer amount of people connecting to their food and what it is made of is what made it amazing for small new found bakers like me! The uptick in sourdough baking taught millions of people how hard it is and how good it could be. What more is there to say!
Karl De Smedt, curator The Sourdough Library, senior communication and training manager Puratos Center for Bread Flavour
Many consumers today are excited about sourdough bread. During the pandemic, many have started baking it at home and, on social media, sourdough reached a massive peak as a sign of consumer engagement. No wonder because it truly has a unique, rich taste. According to research by Puratos, 52% of today’s consumers know sourdough . Approximately 45% of consumers associate sourdough with “better taste” and nearly 30% associate sourdough with “Rustic,” “Healthier,” and “More Natural” – opening an excellent opportunity for value creation.
For professionally-baked sourdough, there are immense opportunities. The most considerable evolution we see is that it will not matter who makes the bread in the future, but how it’s made — going from fast processes in two to three hours with only baker’s yeast. Or long processes with sourdough from 12 to 48 hours. A project like the Puratos sourdough library aims to discover more about the use of sourdough in all its aspects. We are sharing knowledge, preserving, and protecting the biodiversity of sourdough and bringing back the tradition used by more than 250 generations of bakers who used sourdough as their most precious ingredient in bread baking. That’s why, at Puratos, we believe the future of bread lies in its past.
- Published in Business, Food & Flavor, Health
Is Fermentation “So White”…or Not?
More international fermented foods and beverages are entering the American food scene, an exciting development in an expanding market. But the origins of many of these traditional dishes get blurred by western producers.
In a panel on diversity and cultural appropriation during TFA’s conference FERMENTATION 2021, BIPOC food professionals encouraged fermenters to innovate with food from different countries, but to be mindful of their approach. A dish’s culture must be respected, its history acknowledged and negative stereotypes eliminated. The talk “Is Fermentation ‘So White’…or Not?” included panelists Miin Chan (educator and writer working on her PhD), Jiayang Fan (staff writer for The New Yorker), Mara Jane King (director of fermentation for IE Hospitality), Kheedim Oh (founder of Mama O’s Premium Kimchi, and TFA Advisory Board member) and Sebastian Vargo (founder of Vargo Brother Ferments).
Last year, two articles helped propel a conversation on diversity among fermenters. One was Fan’s New Yorker article “The Gatekeepers Who Get to Decide What Food is Disgusting,” which highlights how a western view of “disgusting” food requires immigrants to assimilate to local food cultures. Another was Chan’s Eater article “Lost in the Brine,” which explores cultural appropriation in fermentation.
Oh expressed his frustration watching companies produce kimchi without any cultural ties to or acknowledgement of its Korean history. Vargo agreed.
“Whether it is financial or just overall exposure, you really can’t deny the fact that oftentimes…a white face or a white person borrowing off the culture will oftentimes achieve higher amounts of success,” Vargo says. Kimchi has exploded in popularity in the U.S. the past few years – and some white producers receive more funding than traditional Korean companies. “They’re overshadowing the people that actually deserve to have their stories told in the first place.”
Traditional ferments can get watered down, tailored to follow food trends instead of staying true to their historical roots. Chan pointed out that, in Australia, there’s no regulation around labeling certain foods. Pickled cucumbers could be labeled as kimchi, appealing to western consumer tastes.
“Whether it’s in fermentation or the food industry or just any industry that we exist in within this capitalist system, there’s systemic racism and there’s some historical forces that mean that BIPOC basically often have less access to social and financial capital,” she adds.
Cookbook author Alison Roman came under fire when she released a curry recipe she labeled as a stew. There was no history detailing curry’s Southeastern Asian roots and no context of where the recipe idea originated.
“She literally whitewashed all of the culture out of it and made it into something that she could sell,” King said. “Labeling something to suit you and to suit your benefit and your profit can be harmful to people of color.”
It’s a problem in restaurant reviews too, Fan pointed out. Food critics tend to draw a western comparison to more exotic cuisines, comparing an Asian rice dish to a pasta, for example, offering their own translation. She recently wrote a review on a hot pot restaurant in New York and felt compelled to compare it to fondue. She had a limited word count and wanted to be succinct. But a coworker asked: Why not just explain what it is?
“In the process of being a writer, a critic, (I need) to introduce those words in the cultural lexicon so that the western standard isnt kind of the defacto comparison for everything,” she said.
Who decides French cuisine is more elevated than Chinese, Oh questions.
“I think that’s the huge problem is that there’s so much inherent cultural bias that even we as minorities too will have within ourselves that keeps getting perpetuated,” Oh says, noting people of color are not pigeonholed to only cooking their traditional food, too.
Society needs to value traditional cooking arts so food history and knowledge – especially from more rural parts of the world – isn’t lost, Chan adds.
“I think we’ve come around now, the work that (the panelists) and many other fermenters do shows we want to be connected to our traditional food system, we don’t want to lose these tastes and we want to understand our microbial heritages,” she says.
- Published in Business, Food & Flavor
Evidence of Fermented Health Benefits
We’re on the cusp of a new generation of health-promoting foods, foods that will harness the power of microbes present in fermented foods and beverages.
Paul Cotter, head of Food Bioscience Department at Teagasc Food Research Centre in Ireland, envisions a future system where fermented foods are made with strains having scientifically-proven health-promoting benefits. His lab is integrating microbiome and metabolic data and using DNA sequencing to drill down to specific health benefits.
“We’ve really only scratched the surface as to the real potential of all those different microbes and what they could be doing,” says Cotter, who is also the principal investigator with the APC Microbiome Ireland. “Whether a particular food is health promoting or not will be dictated by what microbe is in there and can only be proved by carrying out the appropriate studies.”
Cotter was a speaker at TFA’s conference FERMENTATION 2021. He made a case for establishing minimum standards for fermented foods and beverages. In his scenario, kombucha or kefir couldn’t be labeled as such without using a scientifically-backed combination of microbial strains.
“That ensures that the kind of pseudo fermented foods — the foods that are fermented but not really with the right microbes — don’t get on the market or can’t be distinguished,” Cotter says.
Not all Fermented Foods are Equal
There is scientific evidence of the health benefits of frequently and regularly consuming fermented foods and beverages. They can prevent illness, provide a source of live and active microbes, improve the digestibility of foods, increase certain vitamins and bioactive compounds and remove or reduce toxic compounds like lactose.
“Ultimately, I’m a scientist and so I want to see proof that underpins the claims associated with a particular food,” Cotter says. “While there’s a lot of good information out there, I think also some of the claims are doing a disservice to the fermented food industry and to those who make fermented foods in their homes because they’re overstating the potential health benefits.”
Problematic, too, are fermented foods made with shortcuts and additives. Cotter’s lab is currently studying kefir, and they found that not all are equal. Traditional kefir has been documented as helping to reduce weight and improve cholesterol and liver triglyceride levels. But some brands of commercial kefir they studied didn’t produce those same health benefits. And they found that some of the kefir on the market was nothing more than watered-down yogurt.
“Consumer beware: the benefits weren’t the same for each kefir and differ depending on what the microbes present in the kefir were,” says Cotter, a self-described fermented foods nerd. ”I think that’s a problem for lots of other fermented foods too, and I really feel for consumers who don’t have a microbiological background and are reading a label and assuming that they are consuming a fermented beverage or fermented food that has lots of beneficial microbes in there and is made in the artisanal way that that food has been made over hundreds of different years.”
What are the health benefits?
Cotter’s lab has used in-depth analyses to detail the microbial composition of a food, including naming the microorganisms present and their capabilities. They’ve identified “completely novel species that had never been found previously,” Cotter says. An example is African fermented food, which contains a huge diversity of microbes, including ones not typically found in fermented foods in the West.
The highest level of what’s called “Health Associated Gene Clusters” are in fermented foods, specifically those brine- (like sauerkraut and kimchi) or sugar-based (kefir and kombucha). Cotter notes the genes in fermented foods are health promoting because the microbes are closely related to probiotics.
“What we can do is to try to harness the microbes that are present and use them in a way that facilitates large-scale production,” Cotter says.
The Power of Flexitarianism
If alt protein companies want to increase sales, they have to stop marketing to vegans, says Kimberlie Le, CEO and co-founder of Prime Roots, makers of koji-based alternative proteins.
“There has to be a mindset shift within the industry to say ‘We’re not making products for vegans or vegetarians; we’re making products for meat eaters.’”
Le spoke on shifting consumer behavior at the Fermentation-Enabled Alternative Protein Innovation Summit. She sees the industry’s greatest risk is the perception that its products are just for vegans. Companies are expecting consumers to make huge lifestyle changes, rather than encouraging flexitarians – a vegetarian who still eats meat occasionally – to make mealtime swaps between traditional and alt meat. A whopping 79% of Prime Roots customers do not identify as vegan. A Yale study found 94% of Americans are willing to eat more plants, and 55% are willing to eat more alt meat.
“We really want to make a product an experience that’s catered to meat eaters and encourages simple swaps,” Le says. “Our biggest impact on the planet will be convincing the meat eaters to try our product.”
Critical Sensory Experiences
In the U.S., 10% of greenhouse gas emissions are from agriculture. About 39 calories are required for just 1 calorie of beef.
“There’s not enough resources in the world to sustain our collective love of meat,” Le adds. “I think of a cow or an animal as really outdated technology.”
But alt food companies won’t win appetites on sustainability alone.
As alternative proteins become more widely accepted, companies must “crack flavor and crack texture.” Diners want alt meat to mimic the taste and feel of animal meat.
“There are way more bad products on the market than good products today,” Le says. “If a meat eater eats a bad plant-based product, that will sour their whole perception of plant-based products.You only have one shot as a brand, one shot as a product and you could even say one shot as an industry.”
Making Alternative Meat the Conventional Choice
Le points out innovation is lacking in the alternative protein space. It’s oversaturated with nuggets and burgers. Prime Roots is currently pausing their operations while they develop more appealing products. Their koji-based bacon — sold via online subscription — was a big seller.
“It is a shame there is still a lack of innovation in terms of the actual types or proteins,” she says. “As a meat eater, a lot of the products don’t appeal to me. They’re very plant-like.”
“One of our missions as a company is to make alternative meats conventional,” Le says. “I do believe there’s a day when that will be flipped.”
- Published in Food & Flavor
What’s In a Name? Label & Ad Errors Could Cost Alt Foods Big
As more companies enter the alternative protein marketplace, and more government leaders debate what should be legally considered meat, dairy and egg products, businesses need to be careful with their product names and label and advertising claims.
“It’s hard to think of anything more important than what you’re going to call the product. However, your freedom of invention is not limitless,” says Ricardo Carvajal,a food regulatory lawyer and director at the law firm Hyman, Phelps & McNamara, P.C. “The name must accurately identify or describe the basic nature of the food or its characterizing properties or ingredients. And this can be trickier than it sounds. What’s the composition of the product? What are its essential attributes? What’s it made from? How’s it made?”
Carvajal spoke on labeling and advertising at the Fermentation-Enabled Alternative Protein Innovation conference. Regulations for the young alternative protein industry are broad and confusing, he pointed out. Alternative foods have not been given a “standard of identity” by the FDA – the legal definition that dictates the composition of a food product, how it’s made and its name. Without formal federal direction regarding alternative foods, legislators across the country are making their own rules.
Governing Alt Food
A majority of states have considered regulating the labeling of alternative food products. So far, 32 states have proposed guidelines, and 15 of those have enacted legislation.
“It’s a bit of a smorgasbord in terms of the content of these state laws,” Carvajal adds. “This is going to remain a difficult issue for companies to navigate. If there’s a standard of identity, a federal law, that’s going to take precedence over state laws. But what we’re seeing is an absence of a federal law or a regulation to cover some of these issues or some of these product categories. That’s leaving the door open for the conventional industry to push for laws at the state level.”
This year the USDA plans to issue guidelines for labeling claims on food products made using animal cell culture technology, which will establish nomenclature and labeling requirements for those alternative proteins. The USDA also plans to provide direction on the labeling of plant-based milk alternatives by June 2022.
Carvajal points to the “soy milk saga” as a cautionary example. Milk is a formal FDA standard of identity, defined as ““the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy cows.” Plant-based milk brands have been sent warning letters by the FDA, arguing a plant product is misbranded as milk. The soy industry has petitioned the FDA to establish soy milk as a common name, but the dairy industry has lobbied aggressively to enforce preserving traditional dairy product names.
Those FDA warning letters can be a big blow to a company — they’re published on the FDA website, so potential investors and customers can review. Letters are monitored by plaintiff’s lawyers, too. These attorneys specialize in suing companies on behalf of consumers, alleging consumers were misled by false claims. “Those actions can be quite expensive to defend,” Carvajal notes.
“Selecting or devising an appropriate name for a product can be a tricky exercise that requires simultaneous consideration of a number of factors,” he says. “The FDA does not view a name as a marketing opportunity.”
Types of Labeling & Advertising Claims
Though there are no formal legal definitions of alternative foods, alt brands do need to follow FDA, FTC and USDA labeling rules. These regulations include:
- Nutrient content (FDA oversight). A nutrient must have an established daily value to make a particular claim. For example, “Excellent source of protein” on a label requires the product to provide 20% of the recommended daily value of protein, while “Good source of protein” requires only 10-19%.
- Health (FDA oversight). This is a tightly-regulated area, Claims that imply a cause-and-effect relationship between a specific nutrient and a disease or health condition require scientific studies on humans. This research can take years to receive FDA approval.
- Structure/function (FDA/FTC oversight). This is the most popular type of claim on a food label because it doesn’t require review or approval in advance of going to market. Examples here are “Protein helps build strong muscles” and “Promotes a healthy immune system.” Still, a structure/function claim must be substantiated.
- Environmental benefit (FTC oversight). Green claims need to comply with the FTC’s Green Guides, which give guidance on environmental marketing claims. Carvajal advises brands to avoid using terms like “eco-friendly” on a product label or in advertising because “they’re impossible to substantiate.” There are a variety of environmental certifications and seals that are better options for a product label.
- Organic (USDA oversight). Organic food must meet USDA standards through the National Organic Program (NOP). Violations result in costly penalties.
- Natural (no official definition). Natural does not have a legal definition — the FDA permits use of “natural” if the food does not contain anything artificial or synthetic. Meanwhile, the USDA views natural as a minimally processed product with no artificial ingredients, with the determination based on the specific product c rather than a category. Carvajal says a natural claim is a “very high risk” for a brand because “the absence of a legally binding definition has enabled plaintiffs lawyers in a wide range of circumstances.”
“You should assume that virtually any claim that you use on labeling or advertising will be subject to regulation of some kind,” he adds. “The requirements that apply might be general in nature or highly specific. So to protect your business, you should have a formal internal review process to ensure that you properly vet all your claims.”
- Published in Business
Retail Sales Trends for Fermented Products
Miso, frozen yogurt and pickled and fermented vegetables are driving growth in the $10.97 billion fermented food and beverage category. The fermented products space grew 3.3% in 2021, outpacing the 2.1% growth achieved by natural products overall.
“It really highlights how functional products have become the norm for shoppers when they’re in stores,” says Brittany Moore, Data Product Manager for Product Intelligence at SPINS LLC, a data provider for natural, organic and specialty products. Moore notes there’s an “explosion of functional products” in the market — “[they] are appearing everywhere. And fermented products have been leading that space in the natural market for years.”
The data was shared during TFA’s conference, FERMENTATION 2021. SPINS worked with TFA to drill into data covering 10 fermented product categories and 64 product types (an increase from last year). [A note that wine, beer and cheese sales are excluded from the data. These categories are very large, and would obscure trends in smaller segments. Wine, beer and cheese are also well-represented by other organizations.]
Yogurt dominates the fermented food and beverage landscape with 75% of the market, but sales growth is soft. Frozen yogurt and plant-based offerings, though small portions of the yogurt category, are fueling what growth there is. “Novelty products are catching shopper’s eyes,” Moore notes.
Kombucha, the fermented tea which led the U.S. retail revival of fermented products, still rules the non-alcoholic fermented beverages market, with 86% of sales. But growth is slowing. Moore points out that this slowdown is due to kombucha having penetrated the mass market with lots of brands on grocery shelves.
“There’s opportunity in kombucha for new innovations to catch the progressive shopper’s eye,” Moore says. “Shoppers are looking for an innovative twist to their functional product.”
Moore points to successful twists like hard kombucha, which grew nearly 60%, and probiotic sodas, which grew 31%.
Growth is slowing for hard cider, too, though hard cider leads the alcoholic beverages category with 83% share of sales.
All sectors of the pickled and fermented vegetables category are growing, totalling nearly $563 million in sales. Refrigerated products are nine of the top 10 subcategories here. The “other” pickled vegetable subcategory is increasing at a 60% growth rate, “other” being the catch-all for vegetables that are not cucumbers, cabbage, carrots, tomatoes, beets or ginger. Fermented radish, garlic and seaweed fall into this subcategory.
Soy sauce is not surprisingly still the largest product in sauces, representing 58% of the category. But that share is dropping. Gochujang is the growth leader, increasing at rate of nearly 20%.
Miso and tempeh are also performing well, which Moore attributes to the growing plant-based movement and the Covid-19 pandemic pantry stocking boom. Miso products — soups, broths, pastes and mixes — totaled over $24 million in sales in 2021. Though instant soups and meal cups represented only 8% of sales, they grew more than 110%.
- Published in Business
“Our Customers Do Not Even Know What is a Fermented Item”
Fermentation is cloaked in mystery for many — it’s bubbly, slimy, stinky and not always Instagram-ready. In The Fermentation Association’s recent member survey, this lack of
understanding of fermentation and its flavor and health attributes among consumers was cited by 70% of producers as a major obstacle to increased sales and acceptance of fermented products.
“We get so many questions from our readers about fermentation. People are very interested, but have very, very little knowledge about it,” says Anahad O’Connor, reporter for The New York Times. O’Connor has written about fermented foods multiple times in the last few months, and those articles were among The Times’ most emailed pieces of 2021. “I think there’s a huge opportunity to educate consumers about fermented foods, their impact on the gut and health in general.”
O’Connor spoke on consumer education as part of a panel of experts during TFA’s conference, FERMENTATION 2021. Panelists — who included a producer, retailer, scientist, educator and journalist — agreed consumer education is lacking. But the methods of how to fill that gap are contested.
How to Tell Consumers “What is a Fermented Food?”
There are differences between what is a fermented product and what is not — a salt brine vs. vinegar brine pickle, or a kombucha made with a SCOBY or one from a juice concentrate, for example.
“I can tell you that the majority of our customers do not even know [what is a] fermented item,” says Emilio Mignucci, vice president of Philadelphia gourmet store Di Bruno Bros., which specializes in cheese and charcuterie. When customers sample products at the store, they can easily taste the differences between a fermented and a non-fermented product, Mignucci says. But he feels the health benefits behind that fermented product are not the retailer’s responsibility to communicate. “I need you guys [producers] to help me deliver the message.”
“Retailers like myself, buyers, we want to learn more to be able to champion [fermented foods] because, let’s face it, fermented foods is a category that’s getting better and better for us as retailers and we want to speak like subject matter experts and help our guests understand.”
Now — when fermentation tops food lists and gut health is mainstream — is the time for education.
“This microbiome world that we’re in right now is sort of a really opportune moment to really help the public understand what fermented foods are beyond health,” says Maria Marco, PhD, professor of food science at the University of California, Davis (and a TFA Advisory Board Member).
Kombucha Brewers International (KBI) created a Code of Practice to address confusion over what is or is not a kombucha. KBI is taking the approach that all kombucha is good, pasteurized or not, because it’s moving consumers away from sugar- and additive-filled sodas and energy drinks.
“That said, consumers deserve the right to know why is this kombucha at room temperature and this kombucha is in the fridge and why does this kombucha have a weird, gooey SCOBY in it and this one is completely clear,” says Hannah Crum, president of KBI. “They start to get confused when everything just says the word ‘kombucha’ on it.”
KBI encourages brewers to be transparent with consumers. Put on the label how the kombucha is made, then let consumers decide what brand they want to buy.
Should Fermented Products Make Health Claims?
Drew Anderson, co-founder and CEO of producer Cleveland Kitchen (and also on TFA’s Advisory Board), says when they were first designing their packaging in 2013, they were advised against using the term “crafted fermentation” on their label because it would remind consumers of beer or wine. But nowadays, data shows 50% of consumers associate the term fermentation with health.
“In the last five to six years, it’s changed dramatically and people are associating fermentation as being good for them, which is good for my products,” he says.
Cleveland Kitchen, though, does not make health claims on their fermented sauerkraut, kimchi and dressings. Anderson says, as a small startup, they don’t have the resources to fund their own research. They instead attract customers with bold taste and striking packaging.
“We’re extremely cautious on what we say on the package because we don’t have an army of lawyers like Kevita (Pepsi’s Kombucha brand), we don’t have the Pepsi legal team backing us here,” Anderson says. Cleveland Kitchen submits new packaging designs in advance to regulators, to make sure they’re legally acceptable before rolling them out.
O’Connor says taste is the No. 1 driver for consumers. This is why healthful but sticky and stinky natto (fermented soybeans) is not a popular dish in America, but widely consumed in Japan.
“Many American consumers, unfortunately, aren’t going to gravitate toward that, despite the health benefits,” he says.
Crum disagrees. “Health comes first,” she says. As more and more kombucha brands emphasize lifestyle, and don’t even advertise their health benefits, she feels they are doing a disservice to the consumer. “Why pay that much money for kombucha if you don’t know it’s good for you too?”
- Published in Business, Food & Flavor, Health, Science
Food and Beverage Laws Passed in 2021, Part 2
Changes in the global food system influenced the types of laws U.S. legislators passed in 2021. States are loosening the regulations on breweries and wineries, offering more government support to local restaurants, allowing the sale of homemade foods and cracking down on hidden fees from third-party food delivery services.
In our last newsletter, we shared the food and beverage laws passed in 20 states in 2021. The list below completes the balance of the country — Massachusetts to Wyoming.
Massachusetts
HB21 — Allows temporary licenses for nonprofit charitable corporations. Allows alcoholic beverages sold to be donated at no charge to the license holder.
HD1331 — Provides that a license to operate a restaurant may be connected to other on-site premises, even if it is not a grocery store.
SB2475 — Extends to-go cocktail sales through May 1, 2022.
SB2603 — Sets minimum standards for the confinement of chickens, veal calves and pigs, and bans the in-state sale of products that don’t comply. Mandates cage-free conditions for egg-laying hens with welfare enrichments like perches, dust bathing areas, scratching areas and next boxes. The law also expands coverage to egg products and liquid eggs.
SB2841 — Reform state’s franchise laws, allowing a new qualified brewer for craft brewers. Allows craft brewers who produce fewer than 250,000 barrels annually to end their contract with a wholesaler. It repeals the state’s 1971 franchise law, enacted to protect in-state distributors from larger, out-of-state, foreign brewers, during a time when the craft beer industry did not exist.
Michigan
HB4711 — Allows baseball stadiums at Michigan universities to serve alcohol.
SB49 — Allows wineries, breweries and distilleries to operate both an on-premise and off-premise tasting room at the same location.
SB141 — Allows small craft distillers to self-distribute up to 3,000 gallons per year of product to retailers. Also allows craft distillers to ship directly to consumers.
SB142 — Allows a small wine maker to self-distribute directly to retailers.
SB144 — Expands the definition of a mixed spirit drink to allow increased ABV percentage.
SB559 — Amends state liquor code to allow more entertainment complexes to receive liquor licenses; drops number of needed races from seven to two for a motorsports venue to qualify for a liquor license.
Minnesota
SB958 — Raises the sales cap for cottage food sales from $18,000 (formerly the lowest sales cap in the country) to $78,000.
Mississippi
HB562 — Allows online sales of cottage foods.
HB572 — Expands boundaries of resort areas where alcohol can be sold.
HB997 — Authorizes private retailers to obtain wholesaler permits for alcohol sales. Also removes the state’s Department of Revenue as a wholesale distributor of alcohol.
HB1091 — Amends code to increase the alcohol content for alcoholic products. Defines how much product can be produced and sold at a microbrewery.
HB1135 — Allows alcohol delivery from a licensed delivery.
HB1288 — Amends code to allow a charter ship to sell and serve alcohol.
Missouri
HB537 — Allows online sales of cottage foods and removes the $50,000 sales limit on cottage foods.
HB574 — Prohibits inspectors of agricultural grounds or facilities to enforce laws of states other than MIssouri.
SB126 — Legalizes the permanent sales of to-go alcohol. Also expands the sale of alcohol in the state on Sundays.
Montana
HB79 — Provides regulatory clarity for how breweries produce fermented-style beverages, including any alcoholic beverages made by fermentation of malt substitutes, like rice, grain, glucose, sugar or molasses.
HB157 — Removes restrictions for alcohol licensing, allowing brewers and immediate families to both hold a license.
HB226 — Makes permanent the curbside delivery and to-go drink options for licensed retailers established during the Covid-19.
SB199 — Establishes the Montana Local Food Choice Act. The food freedom bill exempts certain homemade or cottage food products from food licensing and inspection regulations. It also expands the types of foods that can be sold.
SB247 — Allows colleges and universities in the state to serve beer and wine at sporting events.
SB320 — Legalizes the home delivery of beer and wine.
Nebraska
LB274 — Amends the Nebraska Liquor Control Act, making permanent licenses to sell to-go alcoholic beverages. Also allows craft breweries and wineries to sell alcoholic beverages at open-air farmers markets.
LB324 — Establishes the Independent Processor Assistance Program, improvising the Nebraska Meat and Poultry Inspection Law. Helps small locker plants make the transition to a federally-inspected facility.
LB396 — Adopts the Nebraska Farm-to-School Program Act, which establishes a structure to facilitate communication between farmers and schools.
Nevada
SB297 — Requires the Council on Food Security to research and develop recommendations on community gardens and urban farms.
SB307 — Prohibits direct-to-consumer (DTC) shipping of alcohol from both in-state and out-of-state breweries, distilleries and retailers. In-state retailers can also make local deliveries from licensed wholesalers. However, DTC wine shipments will still be allowed.
SB320 — Requires food delivery services such as Uber Eats and DoorDash to disclose fees to consumers, breaking down what price is for food, taxes, delivery fee and commission charted to the restaurant. Restaurant committees are limited to 20% of a credit card processing fee during a state of emergency (like the Covid-19 pandemic).
New Hampshire
HB226 — Gives state department of agriculture authority to stop the sale of any produce in violation of state agricultural laws.
HB345 — Establishes a license for wild mushroom harvesters. Allows state department of health and human services to fine people who distribute wild mushrooms without a license.
HB593 — Requires food delivery service to enter into an agreement with a food service establishment before offering delivery service from that restaurant.
SB66 — Allows takeout and delivery of alcoholic beverages.
SB125 — Eases certain regulatory restrictions for a number of beverage manufacturer licenses. Removes limitation on quantity of beer a beverage manufacturer may sell in a day to the public and allows direct-to-consumer shipping to consumers within the state.
SB155 — Allows restaurants to permanently expand dining into a shared space, like a sidewalk or street, with approval from local authorities. This temporary dining space was originally established during the Covid-19 pandemic.
New Jersey
AB1091 — Requires Division of Travel and Tourism to advertise and promote tours of breweries in the State.
AB1478 — Permits theaters with 50 seats or more to apply for liquor license.
AB5906 — Rescinds prohibition on return of certain items purchased from retail food stores during Covid-19 state of emergency. It also provides that future limitations on returns occur during declared public health emergencies.
SB673 — Establishes New Jersey’s first cottage food law (they were the only state in the U.S. without a cottage food law). Allows home-based producers to make food from home rather than a commercial kitchen. These producers must obtain a license every two years, cannot earn more than $50,000 a year and are limited by products that can be sold (though state permission can be granted for additional items).
SB3340 — Expands opportunities for restaurants, bars, distilleries and breweries to operate during the Covid-19 pandemic. Provides outdoor dining space and opens new permits for sales at farmers markets.
SB3364 — Allows certain liquor licenses to acquire alcoholic beverage licenses from a retail food store that is a bankrupt asset.
New Mexico
HM1 — Requests the New Mexico Department of Agriculture to study the economic benefits of regional mobile livestock slaughter units, which would make livestock slaughtering easier for small ranchers.
HB177 — Enacting the Homemade Food Act. Allows anyone in the state to start a cottage food business — and opens sales to be from home and online (cottage food sales were previously limited to events only).
HB255 — Allows restaurants to purchase a liquor license at a more affordable rate ($2,500-$10,000, depending on size) if serving alcohol with dinner. Also allows alcohol deliveries with food.
HB303 — Bans unlawful liquor incentives. No liquor licensee shall accept money or a gift of monetary value to influence the purchase or a certain brand of alcoholic beverage.
SB1 — Allows qualified state food and beverage establishments to claim a temporary gross receipts tax (GRT) deduction on sales of food and beverages from March 2, 2021 through July 1, 2021 as a stimulus incentive.
SB2 — Waives the annual liquor license fees for licensees, aiming to boost businesses hit by the Covid-19 pandemic.
New York
AB952 — Directs the commissioner of agriculture and markets and the commissioner of economic development to work with the state’s land grant university system to produce a report to provide advice, guidance and recommendations on improving the resiliency of the state’s farm and food supply. Also will provide guidance on the related supply chain logistics to address food shortages, food waste and the inability to get New York farm goods to markets that occurred as a result of the Covid-19 pandemic, with the goal of creating permanent solutions beyond the state of emergency to reflect the changing wholesale, retail and consumer marketplace.
AB4613 — Creates a task force on improving urban and rural access to locally produced, healthy foods.
AB5386 — Establishes the New York Soil Health and Climate Resiliency Act to enhance and maintain the health and resilience of agricultural soils. The program will assist farmers in improving the health of their soil. It also establishes a climate resilient farming initiative to promote and encourage farmers to reduce the effects of farming on climate change and to adapt to and mitigate the impact of climate change by improving and maintaining water management systems and soil health.
AB7506 — Requires grease traps at food service establishments be designed to withstand expected loads and prevent unauthorized access, making them safer for the general public.
AB7207 — Authorizes and directs the commissioner of agriculture and markets to conduct a study on urban agriculture, including vertical farming, community gardens and urban farming.
SB1630 — Requires third-party food delivery services to have a valid agreement with a merchant before they advertise, promote or sell the merchant’s products on their platform.
SB2743 — Authorizes the issuance of a temporary retail permit by the state liquor authority to licensees located in a municipality having a population of one million or more persons.
SB6353 — Allows restaurants to utilize municipal spaces like sidewalks and streets for outdoor dining for another year. First granted under an executive order during the Covid-19 pandemic, the law makes restaurant use of public spaces to allow restaurants to recover from the pandemic.
North Carolina
HB4 — Extends ABC permit renewal payment deadlines for bars.
HB890 — Allows consumers to order online and pick-up alcohol from state Alcoholic Beverage Control stores, expands growler sizes from 2 to 4 liters, loosens rules for distillery tours and allows distillers to sell alcohol at festivals.
North Dakota
HB1284 — Modifies special event alcohol permit requirements to remove the rule that persons under 21 years of age must remain out of the area where alcohol is served.
HB1475 — Creates a $10 million agriculture diversification and development fund to provide loans and grants for value-added agriculture businesses in the state.
SB2220 — Moves the sale of Sunday alcohol sales to 8 a.m., the same as the rest of the days of the week in the state..
SB2321 — Allows microberies and taprooms to ship products in-state.
Ohio
HB665 — Increases the amount a county or independent agricultural society receives for operating expenses from a county. Removes caps on junior club membership .
HB669 — Makes to-go alcohol sales permanent.
HB674 — Allows home delivery of alcohol, as long as the beverage is served in an original container.
SB102 — Sweeping liquor reform. Lowers the age for serving alcohol to 18, expands Designated Outdoor Drinking Areas spaces, clarifies that homebrewers are allowed to brew their own drinks, enter them in tasting competitions and share them at local club gatherings.
Oklahoma
HB1032 — Creates the Homemade Food Freedom Act which provides for regulation and oversight for the production, transportation and sale of homemade food products. Now allows almost all types of baked, non-perishable and perishable foods. Also increases sale limits from $20,000 to $75,000, allows direct sales and allows shipment of non-perishable items.
HB2117 — Allows certain communication and interaction via social media by alcohol wholesalers, beer distributors and retailers.
HB2122 — Allows the sale of to-go cocktails, mixed drinks or single-serve wine in a sealed container for off-premise consumption.
HB2277 — Permits licensed alcohol retailers to offer different drink specials at various locations owned and operated under their license, like a happy hour.
HB2380 — Allows customers to self-pour their own beer, wine or mixed beverage from automated machines.
HB2726 — Allows Oklahoma small businesses to offer bottle service to their customers.
SB85 — Authorizes holders of multiple small brewer licenses to sell beer at multiple locations.
SB262 — Requires wine and spirit wholesalers to remit alcohol excise taxes when purchasing alcoholic beverages for sale within the state except for wine shipped by wineries possessing a Winemaker Self-Distribution License.
SB315 — Allows licensed distillers to sell spirits for on- or off-premise consumption on distillery property or in an area connected and controlled by the licensee.
SB385 — Allows retail spirits, wine and beer licensees to host alcoholic beverage tastings.
SB499 — Requires that customer receipts for alcoholic beverages purchased at catered, public and special events include a line item for the 13.5% tax collected.
SB760 — Allows multiple alcohol licensees to designate a common drinking area.
Oregon
HB2111 — Changes name of “Oregon Liquor Control Commission” to “Oregon Liquor and Cannabis Commission.”
HB2264 — Alcohol reform bill. Allows Indian tribe or airline that holds full on-premises sales license to negotiate with Oregon Liquor Control Commission purchase price of distilled liquor for specified sales. Directs Oregon Liquor Control Commission to study alcohol. Changes definition of “malt beverage.” Allows nonprofit organizations to sell alcoholic beverages for up to 45 calendar days per year without license issued by commission. Allows holder of full on-premises sales license to sell, deliver and ship to consumers specified alcoholic beverages for off-premises consumption. Allows holder of limited on-premises sales license to deliver and ship to consumers specific alcoholic beverages for off-premises consumption. Allows holder of off-premises sales license to sell specified alcoholic beverages for off-premises consumption. Allows holder of temporary sales license to ship specified alcoholic beverages to consumer. Repeals license application fee. Allows advertising by liquor store to be visible from outside store. Specifies that retail sales or distillery outlet agent’s deposit with commission is of check and cash receipts. Specifies wine containing more than 16% alcohol by volume is taxed at 10 cents per gallon. Requires manufacturer, purchaser and distributor of alcohol to retain records for three years.
HB2742 — Allows holder of off-premises sales license to sell factory-sealed containers of malt beverages that hold more than seven gallons.
HB2363 — Allows certain holders of temporary event licenses to sell specified alcoholic beverages for on and off-premises consumption at more than one location on licensed premises — or have up to three premises licensed under single temporary sales license and operate for up to 30 day.
HB2395 — Modifies single-use checkout bag prohibition in the state. Changes definition of “recycled paper checkout bag” to include bags that contain non wood renewable fiber.
HB2611 — Permits agricultural building to be used for uses other than uses set forth in definition of “agricultural building” if additional uses are incidental and accessory to defined uses, are personal to farm owner and farm owner’s immediate family or household and do not pose hazard.
HB3361 — Requires third-party food platform to enter into agreement with restaurant before arranging delivery of orders from food place or listing food place on application or website. Requires third-party food platform delivery service to receive written consent from restaurant before arranging for delivery or order from restaurant.
SB806 — Includes “fortified cider” in definition of cider. Allows holder of direct shipper permit to ship up to five cases of wine per month to Oregon residents. Deletes requirement that commission charge application fee for new licenses. Provides that the alcohol commission may allow applicant to defer or waive payment of annual license fee if Governor declares state of emergency.
Pennsylvania
HB425 — Allows a liquor licensee that has closed either permanently or for a long time to sell its liquor license.
HB427 — Gives establishments with liquor licenses a 15% discount (instead of 10%) on the purchase of liquor from the state stores for three years.
SB434 — Alters “sell by” and “best by” dates on milk. Allows processors to apply for Department of Agriculture approval to exceed the current 17 day limit.
Rhode Island
HB5131 — Prohibits a food service establishment from providing a consumer with a single-use plastic straw, unless the consumer requests such a straw.
HB5214 — Eliminates the $10.00 fee requirement for businesses to obtain a sales tax permit.
HB5758 — Establishes the state’s first Cottage Food Law, but only allows farmers to sell homemade products.
SB142 — Allows the sale of alcoholic beverages on New Year’s Day by retail Class A licensees.
SB364 — Entitles dairy farms to the exemptions from taxation already granted to farmland, forestland and open space.
SB555 — Authorizes a Class B liquor license holder to sell to-go alcoholic beverages with take-out food orders (but rule will sunset on March 1, 2022).
SB788 — Prevents third-party food delivery services from using the likeness, registered trademark or any intellectual property belonging to the restaurant to falsely suggest sponsorship or endorsement without the restaurant’s consent.
South Carolina
SB619 — Allows more off-site tasting rooms in the state. Amends 1976 law affecting distilleries, breweries and wineries, to establish off-site “satellite locations” for sale of their products.
South Dakota
HB1109 — Updates state homebrew legislation to include cider as a permissible homemade alcoholic beverage. Allows (in limited quantities) for homemade alcoholic beverages permissible to be sold on licensed premises for certain events, and allows homebrewers to transport homemade alcoholic beverages from their household.
HB1121 — Deregulates the homemade or cottage food market. Repeals requirement that homemade canned goods must be inspected by a third-party authority for pH levels. Replaces lengthy warning that food wasn’t produced in a commercial kitchen and required allergen listing with a shorter summary. Allows sellers to sell their products through third parties without getting a good service license (as long as they aren’t making more than $150,000 a year).
HB1153 — Authorize the Board of Regents to contract for the design and construction of a new dairy research and extension farm on the campus of South Dakota State University, with equipment and furnishings.
Tennessee
HB306 — Extends the Tennessee dairy promotion committee to June 30, 2029.
HB1129 — Adds requirements for farmers to participate in herdshare programs, like maintain owner records, include warning labels on products and notify owners in case of contamination.
HB1514 — Reduces the population threshold (from 925 to 700) to make a municipality eligible to hold a referendum on the sale of alcoholic beverages.
SB17 — Allow breweries to self-distribute 1,800 barrels of beer throughout the state each year without having to go through a wholesaler.
SB269 — Authorizes a delivery service licensee to charge a fee based on a percentage of the sales of the alcoholic beverages or beer being delivered; limits the fee to no more than 10% of the price of each alcoholic beverage sold.
SB299 — Defines “food hall” for purposes of consumption of alcohol on the premises of a food hall; enacts certain requirements governing the operation of a food hall.
SB403 — Requires state to disclose certain information on contracts with wholesalers of alcoholic beverages.
SB591 — Authorizes a person or entity holding liquor license to sell or transfer their alcoholic beverage inventory to another licensee if they’re closing their establishment.
SB681 — Allows to-go alcohol sales for the next two years.
SB705 — Prohibits licensure as a winery direct shipper of in-state or out-of-state wine fulfillment houses.
Texas
HB1024 — Allows permanent sales of to-go beer, wine and mixed drinks for pickup and delivery food orders.
HB1276 — Allows restaurants to sell bulk foods directly to the public.
HB1518 — Loosens alcohol restrictions on Sunday mornings, allowing sales starting at 10 a.m. rather than noon.
HB1755 — Allows customers to take home unopened bottles of wine.
HB1957 — Sets new standards on what can be labeled as a Texas wine. If putting Texas on the wine label, winery must grow majority of grapes (75%-95%) within the state, county and/or vineyard on the label.
HR2002 — Recognizing June 2022 as National Dairy Month in Texas.
SB617 — Allows all food producers to sell food directly to consumers, not just farmers. Limits permit fees.
SB911 — Bans third-party food delivery service from using a restaurant’s trademark or charging a restaurant fees (unless agreed upon in writing). Also protects a restaurant from predatory food delivery services — allows a restaurant to be removed from the third-party delivery services listing if requested, and required third-party delivery services to provide consumers with a means to express concerns with their delivery. Gives restaurants the power to sue a third-party delivery service if it violates the terms. Also prohibits cities and counties from creating interfering regulations than what the state approved.
SB1226 — Allows brewpubs to legally host tastings.
Utah
HB94 — Legalizes microenterprise home kitchens, allowing home chefs to sell their homemade meals.
HB296 — Creates the Utah Soil Health Program.
SB137 — Gives the Utah Department of Alcoholic Beverage Control an additional $4.3 million to raise salaries for its retail clerks, warehouse workers, store managers and assistant managers up to market standards.
SB147 — Prohibits farm owners and operators in the state from confining egg-laying hens to enclosures. Must implement cage-free housing systems by 2025.
HB166 — Criminalizes theft of livestock.
Vermont
HB218 — Expands raw milk sales for producers selling at farm stands and CSA’s in the states.
HB313 — Extends for two years the governor’s executive order to allow curbside pickup and delivery of alcohol.
HB434 — Establishes the Agricultural Innovation Board.
SB20 — Bans the sale of common items containing PFAS (perfluoroalkyl and polyfluoroalkyl substances used to make food packaging grease- and water-resistant). The bill takes steps to restrict harmful phthalate and bisphenol chemicals from food packaging.
Virginia
HB1299 — Allows for the sale of to-go alcohol beverages until July 1, 2022.
HB1902 — Prohibits food vendors from using single-use expanded polystyrene food service containers. Requires chain restaurants to stop using such containers by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. A penalty will be inflicted of $50 a day for violators.
HB1973 — Allows nonprofits conducting online fundraisers to sell and ship wine in closed containers as part of a fundraising activity.
HB2068 — Establishes the Local Food and Farming Infrastructure Grant Program. The governor will award the grants based on infrastructure development projects that support local food production and sustainable farming.
HB2302 — Allows farmers markets to be treated as grocery stores during state of emergency and are allowed to remain open as essential businesses during a state of emergency declared by the Governor.
SB1188 — Establishes the Virginia Agriculture Food Assistance Program and Fund for Virginia farmers and food producers to donate, sell, or otherwise provide agriculture products to charitable food assistance organizations.
SB1193 — Establishes the Dairy Producer Margin Coverage Premium Assistance Program. Gives dairy farmers (with a resource management or nutrition management plan) the ability to receive a refund of their annual premium payment paid into the federal program.
SB1428 — Prohibits the Virginia Alcoholic Beverage Control Authority from selling in government stores low alcohol beverage coolers not manufactured by licensed distillers.
SB1471 — Allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to increase the frequency and duration of outdoor events that sell alcohol. The laws are expected to provide flexibility to restaurants during COVID-19.
Washington
HB1145 — Allows the use of non wood renewable fiber in recycled paper carryout bags.
HB1480 — Allows sale of to-go alcohol products, including cocktail kits and growlers.
HB5362 — Ensuring the funding of agricultural fairs.
SB5022 — Enacts recycling requirements for plastic beverage containers. Bans polystyrene (EPS) products and sets-up opt-in requirements for dining establishments using single-use foodware.
SB5272 — Waives a one-time annual liquor license and cannabis license fee for those establishments for 12 months.
West Virginia
SB 51 — Requires dairy foods processed in the state to be added to the list of items to be purchased by state-funded institutions.
SB 58 — Creates the West Virginia Farm Fresh Dairy Act.
Wisconsin
SB56 — Allows alcohol beverage retailers to make online or phone sales of alcohol beverages, to be picked up by the customers at a designated parking space that is not part of the retail licensed premises.
Wyoming
HB13 — Increases the amount of wine that a licensed out-of-state wine shipper may ship to any one household address. Allows Wyoming consumers to receive up to 12 cases of wine in a 12-month period (the former limit was four cases per year).
HB51 — Establishes grant program to meat processing facilities suffering during the COVID-19 pandemic.
HB54 — Focuses efforts and resources of the Wyoming Business Council on developing slaughter plant options for producers.
HB118 — Allows sale of eggs under the state’s Food Freedom Act.
HB156 — Allows winery permit holder to be issued an off-premise wine permit for a 24-hour period.
HB159 — Allows any liquor license holder — who then obtains an out-of-state shipper’s license — to ship alcohol to Wyoming households. Increases satellite permits for liquor manufacturers from one to two.
HB229 — Allows Wyoming ranchers the choice of selecting lawful forms of animal identification devices. Rejects USDA mandate to only use higher-cost RFID ear tags for livestock.
Food and Beverage Laws Passed in 2021
After the Covid-19 pandemic shortened their legislative sessions last year, lawmakers across the 50 states had a productive year in 2021. State leaders were able to pass hundreds of bills relating to food, beverages and food service.
Numerous new laws were aimed at helping restaurants survive — permitting permanent outdoor dining spaces, allowing carryout food services and to-go alcohol sales. Many of these regulations had been enacted in 2020 as temporary, emergency measures to aid restaurateurs, but expired this year.
This year was also big for cottage food laws. As more people experimented in their home kitchens during the pandemic, there was pressure to modernize cottage food laws. Over half the states updated their laws in 2021, regulating sales of homemade food.
Below are the key food, beverage and food service laws passed this year in, alphabetically, Alabama through Maryland. We’ll feature the balance of the states — Massachusetts to Wyoming — in TFA’s next newsletter (January 12, 2022).
Alabama
HB12 — Extends protections granted for cottage food businesses to include roasted coffees and gluten-free baking mixes.
HB539 — Increases the amount of alcohol which breweries and distilleries can sell to customers for off-premise consumption.
SB126 — Allows licensed state businesses to deliver wine, beer and spirits to customers’ homes.
SB160 — An update to Alabama’s cottage food law, SB160 allows for most non-perishable foods to be made in home-based food businesses without commercial licenses (instead of just only baked goods, jams/jellies, dried herbs and candies). It also removes the $20,000 sales limit for home-based food businesses. It also allows online sales and in-state shipping of products.
SB167 — Permits Alabama wineries to sell directly to consumers at special events.
SB294 — Authorizes wine manufacturers to sell directly to retailers without a distributor.
SB397 — Allows opening of wineries in Alabama’s 24 dry counties. The wineries will be allowed to produce and operate in a dry county, but they may not sell on premise.
Alaska
HB22 — Legalizes herd share agreements for the distribution of raw milk in the state.
Arizona
HB2305 — Amends law to allow two or more liquor producers, craft distillers or microbrewery licenses at one location.
HB2753 — States that licensed producers, craft distillers, brewers and farm wineries are subject to rules and exemptions prescribed by the FDA. Exempts production and storage spaces from state regulation.
HB2773 — Allows bars, liquor stores and restaurants to sell cocktails to-go.
HB2884 — Exempts alcohol produced on premise in liquor-licensed businesses from food safety regulation by the Arizona Department of Health Services, which adds rules regarding production, processing, labeling, storing, handling, serving, transportation and inspection. Specifies that this exemption includes microbreweries, farm wineries and/or craft distilleries.
Arkansas
HB118 — Permits the sale of cottage foods over the internet. Interstate sales are permitted if the producer complies with federal food safety regulations.
HB1228 — Allows for municipalities in dry counties to apply to be an entertainment district, just like in wet counties.
HB1370 — Establishes mead as an allowed liquor for a small farm winery — and allows wineries to ship mead. Also allows for mead to be taxed in the same manner as wine.
HB1426 — Establishes the Arkansas Fair Food Delivery Act, stating that a food delivery platform (like UberEats) must have an agreement with a restaurant or facility to take food orders and deliver food prepared.
HB1763 — Allows distilleries to self distribute their own products and allows out-of-state, direct-to-consumer shipments.
HB1845 — Restricts advertising alcohol in microbrewery-restaurants in dry counties.
SB248 — Replaces Arkansas’ cottage food law with the Food Freedom Act. Allows all types of non-perishable foods to be sold almost anywhere without a food safety license and certification, including grocery stores and retail shops.
SB339 — Allows permitted restaurants to sell on-the-go alcoholic beverages.
SB479 — Allows restaurants with alcohol beverage permits to expand outdoor dining without approval of the Alcoholic Beverage Control Division.
SB554 — Authorizes beer wholesalers to distribute certain ready-to-drink products.
SB631 — Authorizes a hard cider manufacturer to deliver hard cider.
California
AB61 — Allows restaurants and bars with alcohol licenses that added temporary, outdoor sidewalk dining spaces during the Covid-19 pandemic to continue serving alcohol in these spaces.
AB239 — Allows wineries to refill wine bottles at off-site tasting rooms, similar to breweries reusing growlers
AB286 — Requires third-party delivery companies to itemize cost breakdowns of delivery transactions to both restaurants and customers.
AB425 — Updates regulations regarding definitions, assessments, fees and funding mechanisms for the Dairy Council of California.
AB831 — Mandates that all labels on cottage food must include the disclaimer “Made in a Home Kitchen” along with the producer’s county and cottage food permit number.
AB941 — Establishes a grant program for counties to apply for farmworker resource centers, supplying farmworkers and their families information on education, housing, payroll, wage rights and health services.
AB962 — Requires the creation of a returnable bottle system in the state by 2024. Allows recyclable bottles to be washed and refilled by beverage producers rather than being crushed for recycling.
AB1144 — Updates California’s outdated cottage food laws, raising sales limit to either $75,000 (Class A permits) or $150,000 (Class B permits) and simplifying the approval process for sampling cottage food products. Also allows homemade food to be sold online.
AB1200 — By 2023, no eatery in California is permitted to distribute or sell food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. Manufacturers of food packing must use the least toxic alternative when replacing their food packaging. Food packaging includes food or beverage containers, take-out containers, liners, wrappes, eating utensils, straws, disposable plates, bowls and trays.
AB1267 — Allows licensed manufacturers, distributors and sellers of alcoholic beverages to donate a portion of beverage purchases to a nonprofit.
AB1276 — Requires California eateries to only give take-out customers single-use utensils and condiment packets if they ask for them.
AR15 — Establishes Nov. 22 as Kimchi Day in the state.
SB19 — Allows wineries to open additional off-site tasting rooms without applying for a new license (former law allowed for only one off-site tasting room).
SB314 — Allows restaurants and bars that added temporary, outdoor sidewalk dining spaces during the Covid-19 pandemic a one-year grace period to apply for permanent expansion.
SB389 — Allows restaurants and bars to serve to-go alcohol alongside a meal.
SB453 — Establishes an Agricultural Biosecurity Fund specifically for the California State University system’s Agricultural Research Institute. The California State University’s 23 campuses and 8 off-campus branches can then use that fund to apply for grants related to supporting research on agriculture biosecurity, best practices around infectious agents hurting the state’s animal herds and plant crops.
SB517 — Authorizes a licensed beer manufacturer who obtains a beer direct shipper permit to sell and ship beer directly to a resident of the state for personal use.
SB535 — Makes it unlawful to manufacture or sell imitation olive oil in the state. Also restricts using “California Olive Oil” on a label unless 100% of the oil is derived from olives grown in California. The label can also only share that the oil comes from a specific region of California if at least 85% of the olives were grown in that region.
SB721 — Establishes Aug. 24 as California Farmworker Day.
Colorado
HB1027 — Extends sales of to-go alcohol from licensed restaurants and bars to 2026.
HB1162 — The Plastic Pollution Reduction Act, the law bans single-use plastic bags and containers made from polystyrene (styrofoam) for restaurants and other retailers by 2024. All stores will also implement a 10-cent bag fee for plastic and paper bags by 2023.
SB35 — Prohibits third-party restaurant delivery services from cutting pay to a driver to comply with fee limits. Also prohibits third-party delivery services from putting restaurants on their platforms without the eateries’ permission.
SB235 — Sends the Department of Agriculture $5 million for energy efficiency and soil health programs.
SB270 — Allows more Colorado wineries, cideries and distillers to attain a pub license and sell a variety of food in addition to their craft beverage. Current law puts small limits on the amount of craft drink made for a brewery to sell food, leaving out larger Colorado producers.
Connecticut
HB5311 — Enables permitted transporter to sell and serve alcohol on boats, motor vehicles and limousines.
HB6610 — Codifies expanded outdoor dining, allowing municipalities to close off streets and sidewalks for outdoor restaurant dining space.
SB894 — Allows patrons to pour their own alcoholic drinks at restaurants and bars. Will allow self-pour automated systems to be used in the state’s dining establishments.
HB6580 — Expands food agricultural literacy programs of study and community outreach, by increasing certification, education and extension programs with rural suburban and urban farms for students in grades Kindergarten through 12th grade.
Delaware
HB1 — Allows restaurants to continue selling to-go alcohol beverages. The bill also allows restaurants and bars to continue using outdoor dining spaces originally used during the Covid-19 pandemic.
HB46 — Allows brewery-pub and microbrewery license holders to brew, bottle and sell hard seltzers and other fermented beverages made from malt substitutes. Also includes a specific tax on fermented beverages.
HB143 — Reduces the amount of licensed taprooms to only one taproom within a ½ mile from another taproom.
HB212 — Increases minimum thickness for plastic bags (used by grocery stores and restaurants) to qualify as a reusable bag from 2.25 mils to 10 mils.
SB46 — Allows wedding venues and event centers licensed as bottle clubs to allow customers to bring alcoholic beverages on premise.
Florida
HB751 — Authorizes issuance of special licenses to mobile food vehicles to sell alcohol beverages within certain areas.
HB1647 — Allows more Orlando eateries to sell alcohol. Allows eateries with a smaller footprint (80-person capacity; formerly 150-person capacity) to sell beer, wine and spirits in six additional Orlando Main Street Districts.
SB46 — Increases production limits for distilleries from 75,000 gallons a year to 250,000 gallons. Eliminates the “six bottles per person per brand per year” requirement. Also allows craft distilleries to qualify for a vendor’s license to conduct tastings at Florida’s fairs, trade shows, farmers markets, expositions and festivals.
SB148 — Authorizes restaurants or bars also holding a public food service license to sell or deliver alcoholic beverages in sealed, to-go containers.
SB628 — Establishes a new program, the Urban Agriculture Pilot Project, to distinguish between traditional rural farms and emerging urban farms. Exempts farm equipment used in urban agriculture from being stored in certain boundaries.
SB663 — Updates Florida’s cottage food law to allow shipping of products, and raises the sales limit for shipped cottage food from $50,000 to $250,000. The bill also prevents counties or cities from banning cottage food businesses (Ed. note: Florida’s largest county, Miami-Dade, prohibits cottage food businesses).
SR2041 — Establishes a Food Waste Prevention Week in the state to acknowledge the importance of conserving food and preventing food waste.
Georgia
HB273 — Allows local municipalities to pass an ordinance, resolution or referendum election to authorize allowing a liquor store to open in their jurisdiction
HB392 — Allows a person to have a mixed cocktail or draft beer from the hotel delivered to their room by a hotel employee.
HB498 — Expands eligibility requirements for the state’s tax exemption for agricultural equipment and farm products. Any family-owned farm entity (defined as two or more unrelated, family-owned farms) can now share equipment, land and labor without losing ad valorem tax exemptions enjoyed by stand-alone family farms.
HB676 — Creates a legislative advisory committee on farmers’ markets (Farmers’ Markets Legislative Advisory Committee), made up of five members from the state’s Senate and House.
SR155 — Recognized February 17 as State Restaurant Day.
SB219 — Permits small brewers to sell alcohol for consumption on their premise. Allows state’s breweries to transfer beer between locations.
SB236 — Extends the Covid-era rule that allows restaurants to sell to-go alcohol.
Hawaii
HB817 — Requires state agencies to purchase an increasing amount of locally grown food.
HB237 — Earmarks $350,000 to the department of agriculture for the mitigation and control of the two-lined spittlebug, which has damaged nearly 2,000-acres of pasture land.
SB263 — Establishes a “Hawaii Made” program and trademark, to promote Hawaiian-made products.
Idaho
HB51 — Amends existing law to provide nutrient management standards on dairy farms. Allows dairy farmers the option of using phosphorus nutrients.
HB232 — Changes the distribution of tax on high-alcohol-content beer from the state wine commission to the state hop growers commission, helping promote the craft industry.
Illinois
HB2620 — Allows small breweries, meaderies and winemakers to distribute their products to local bars, grocery stores and liquor stores directly rather than through a third party.
HB3490 — Amends Illinois Food, Drug and Cosmetic Act, which says, if a restaurant includes milk as a default beverage in a kid’s meal, the drink must be dairy milk and contain no more than 130 calories per container or serving.
HB3495 — The Brewers Economic Equity & Relief Act, allows for limited brewpub self-distribution, permanent delivery for small alcohol producers, direct-to-consumer shipping for in-state and out-of-state brewers and distillers and self-distribution for manufacturers producing more than one type of alcohol.
HR33 — Creates the Illinois Good Food Purchasing Policy Task Force to study the current procurement of food within the state and explore how Good Food Purchasing can be implemented to maximize the procurement of healthy foods that are sustainably, locally and equitably sourced.
HR46 — Urges the Illinois Department of Agriculture to study the effects and the types of land loss to Black farmers. Calls for state support and capacity building for Black farming communities across the state and a dedication to helping grow agriculture in rural, urban, and suburban areas.
HR117 — Urges the United States Department of Agriculture and the United States Department of Commerce to increase the exportation of Illinois dairy products to other nations.
SB2007 — The Home-to-Market Act, updates the state’s Illinois Cottage Food Law. Expands sales avenues for cottage food producers, allowing sales at fairs, festivals, home sales, pick-up, delivery and shipping (cottage food was previously only allowed to be sold at farmers markets).
Indiana
HB1396 — Updates many of Indiana’s outdated alcohol laws, some from the Prohibition Era. Amended various sections of Indiana’s alcohol code impacting permittees, trade regulation and other various definitions.
HB2773 — Allows bars, liquor stores and restaurants to permanently sell to-go alcohol orders, originally allowed temporarily during the Covid-19 pandemic.
SB144 — Allows bulk wine purchasing limits for farm wineries to apply only to wine sold directly to a consumer and not to wine sold through a wholesaler. Also allows the holder of an artisan distiller permit to also hold a distiller’s permit.
SB185 — Creates a working group made up of industry organizations, food safety experts, Indiana State Department of Health, Indiana State Board of Animal Health and Indiana State Department of Agriculture to submit recommendations to the state concerning home-based vendors and cottage food laws.
Iowa
HB384 — Updates rules regarding alcohol licenses. Lengthens the hours of sale for alcoholic beverages on Sunday.
HF766 — Allows home delivery of alcoholic beverages from bars and restaurants by third-party delivery services, such as Uber or DoorDash.
Kansas
HB2137 — Allows bars, liquor stores and restaurants to permanently sell to-go alcohol orders, originally allowed temporarily during the Covid-19 pandemic.
Kentucky
HR3 — Recognizes March 23 as Agricultural Day in the state.
HR19 — Recognizes June as Dairy Month, honoring the state’s dairy workers.
SB15 — Allows a microbrewery licensee to sell and deliver up to 2,500 barrels of product to any retail licensee and to set forth terms of contracts between microbrewers and distributors.
SB67 — Allows bars, liquor stores and restaurants to permanently sell to-go alcohol orders, originally allowed temporarily during the Covid-19 pandemic.
Louisiana
HB192 — Authorizes credit card payment to manufacturers and wholesale dealers of alcoholic beverages (when previously cash was only allowed).
HB219 — Allows the delivery of ready-to-drink alcohol beverages (sold in manufacturer sealed containers), allowing brewers with a brewing facility to self-distribute.
HB269 — Allows authorized state employees to destroy meat, seafood, poultry, vegetables, fruit or other perishable food of foreign origin which are subject of a current import ban from the federal government.
HB291 — Allows self-distribution to any brewer who operates a brewing facility in the state.
HB706 — Adds microwinery to microdistillery permits.
HR104 — Designates May 19, 2021, as Louisiana Craft Brewers’ Day in the state.
HR210 — Authorizes a state subcommittee to study and make recommendations to the government on the regulation of the growing craft brewing industry in the state.
Maine
SB133 — Clarifies that licensed Maine manufacturers of spirits, wine, malt liquor and low-alcohol spirits products may sell and ship their products to a person located in another state.
SB205 — Allows bars and restaurants to permanently sell to-go alcohol orders through take-out and delivery services if the liquor is accompanied by a food order. Also temporarily permits licensed Maine distilleries that operate tasting rooms but do not operate licensed on-premise retail to sell spirits through take-out and delivery services accompanied by a food order.
SB306 — Temporarily waives certain requirements for relicensing for restaurants that serve liquor to help food establishments during the Covid-19 pandemic.
SB307 — Allows all Maine alcohol manufacturers to sell directly to out-of-state consumers (current law only allows wine to be sold out-of-state).
SB479 — Amends definition of “low-alcohol spirits product” by raising the maximum alcohol level of a low-alcohol spirits product from 8% to 15%.
SB630 — Prohibits shelf-stable products from being sold as cider. Products that do not require refrigeration or are heat-treated cannot be labeled as cider.
SB636 — Establishes the Local Foods Fund, which helps schools purchase produce and other minimally processed foods from local farmers and producers.
SB822 — An act affirming that food seeds are a necessity in the state.
Maryland
HB185 — Prohibits an alcoholic beverages license holder from requiring that an individual buy more than one bottle, container or other serving of alcohol at a time.
HB264 — Requires entities that generate at least two tons of organic waste per week to arrange for disposal alternatives, like reduction, donation, animal feed or composting.
HB269 — Establishes the Urban Agriculture Grant Program in the Department of Agriculture to increase the viability of urban farming and improve access to urban-grown foods.
HB 555 — Repeals a prohibition on allowing drugstores to apply for a liquor license.
HB1232 — Codifies emergency orders to grant permanent to-go delivery of alcohol and online shipment privileges.
SB205 — Authorizes local alcoholic beverage licensing boards to temporarily allow restaurants and bars to sell to-go alcoholic beverages. Also requires Maryland’s Alcohol and Tobacco Commission and the Maryland Department of Health to study expanding alcohol access.
SB821 — Codifies the governor’s 2020 executive order to grant alcohol delivery and shipment. Also allows permitting to serve alcohol at off-premise, special events.