Evident of the desire to help local businesses bounce back from the pandemic, the remainder of food legislation passed in 2022 was aimed at helping businesses — especially brewers. Outdated alcohol beverage laws revamped in many states and many cottage food producers can sell homemade food with less restrictions.
In our last newsletter, we shared the food and beverage laws passed in the first half of the United States in 2022. The list below completes the balance of the country — Massachusetts to Wyoming.
Michigan
HB4232 — Aids small businesses in filling labor shortages in restaurants by expanding eligible workforce to allow 17-year-olds to waitstaff to sell and serve alcohol.
HB5695 — Amends Michigan Liquor Control Code to allow a minor employee who is at least 16 years old to build a display of certain brands of alcohol, mark the price on those brands, rotate them and place them on shelves.
HB5696 — Amends the Youth Employment Standards Act to allow a minor to be issued a work permit for employment with an establishment where alcoholic beverages are distributed.
HB5744 — Codifies the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption;
HB5747 — Allows for a certificate of free sale from the Michigan Department of Agriculture and Rural Development (MDARD) for milk and dairy products.
HB6105 — Allows alcohol wholesalers to distribute non-alcoholic beverages to retailers and allows use of electronic coupons under certain circumstances.
HB6106 — Allows wineries and breweries to make and sell private label products.
HB5984 — Allows the consumption and service of food, beverages and alcohol in public swimming pools.
SB656 — An act to create a commission for the control of the alcoholic beverage traffic within this state.
Minnesota
HB918 — Creates a Food Truck Permit under the local alcoholic beverage control law, allowing food truck vendors to sell alcoholic beverages.
SB2844 — Provides funding to construct the Mississippi Alcoholic Beverage Control Warehouse.
SB3008 — Makes several changes to Minnesota’s liquor laws. Known as the “Free the Growler” bill, the new law raises the cap on growler sales. It also allows more off-sale options for smaller breweries and expands license opportunities for specific cities and events.
Mississippi
HB684 — The state’s Small Business and Grocer Investment Act. Develops quality retail food outlets for jobs, expands markets for Mississippi farmers, supports economic vitality in underserved communities. Increases access to retail food outlets that sell fresh and healthy food. Provides a dedicated source of financing for healthy food retailers in Mississippi.
HB1135 — Allows home delivery of alcoholic beverages from licensed retailers.
SB3015 — Earmarks funds for the State Department of Agriculture and Commerce, including costs of the Farmers Central Market.
Missouri
HB1697 — Allows cottage food producers to sell food over the internet. Removes the $50,000 annual sales limit for cottage food producers.
New Hampshire
HB314 — Raises the maximum annual gross sales of food by a homestead or cottage food operation from $20,000 to $35,000.
HB1039 — Amends alcohol law, allowing beverage manufacturers to sell beers made on-site to state-based wholesalers.
HB1584 — Establishes a capital improvement grant program for the benefit of state fairs and agricultural fairs.
SB17 — Allows dogs in outdoor dining areas.
SB212 — Lowers liquor license fee to $300 (from $1,692) for brewers selling less than 1,000 cases of liquor per year.
New Jersey
AB462 — Permits pedicabs to operate while passengers are consuming alcoholic beverages.
AB3991 — Exempts raw, unprocessed honey from the health department’s cottage food regulations.
New York
AB2344 — Requires food service establishments to post food allergens at restaurants and in food ordering services.
AB3954 — Establishes New York State Council on Food Policy. Establishes policies to help New Yorkers avoid food insecurity and eat as much New York-grown and produced food as possible. Supports growth of a New York-based local farm and food product economy to revitalize rural, suburban and urban farms.
AB8620 — Authorizes a licensee to sell wine for consumption on the premises to also include the sale and consumption of shochu (Japanese alcoholic beverage).
AB10176 — Allows alcohol license holders to sell liquor at off-premise catering establishments.
SB771 — Amends the Nourish New York program to define products as those grown, produced, harvested, butchered, canned or freezed in New York.
SB5438 — Amends alcohol beverage control law to authorize tastings at licensed premises by distillers.
SB7655 — Amends the definition of New York State-labeled beer to require that at least 60%, by weight, of its hops and at least 60% of any other ingredients are grown in New York.
SB7823 — Creates an advisory group which will produce a report on improving urban and rural consumer access to locally produced, healthy foods.
SB8989 — Authorizes the manufacture of beer, spirits, cider, wine and mead at the Culinary Institute of America.
SB9093 — Amends alcohol beverage control law to allow parcels of land to the list of premises which are exempt from the law’s provisions. Restricts manufacturers/wholesalers and retailers from sharing an interest in a liquor license.
SB9385 — Amends alcohol beverage control law to allow a restaurant located within 200 feet of a school to serve alcohol.
North Carolina
HB768 — The 2022 ABC Omnibus, decreases regulations on bar owners and expands the freedom of alcohol sales and transportations. Eliminates the $1 membership requirement for people at visiting private bars.
SB762 — North Carolina Farm Act of 2022.
Ohio
HB629 — Increases microdistillery production limits and allows spirituous liquor tasting samples at agency stores free of charge.
SB102 — Modifies Ohio’s liquor laws. Eases restrictions on local homebrewers and fermenters, exempting them from certain liquor law permits. Allows homebrewers to make beer or wine without a liquor permit, serving it on private property for personal consumption. Homebrewers cannot sell homemade beer or wine. Permits a person under the age of 18 to handle beer and liquor at a hotel, bar or restaurant. Eliminates provision that more than 30% of a restaurant gift card could not be used to purchase alcohol. Authorizes a retail liquor permit holder to sell beer or liquor on Sunday. Allows charitable or political organizations to give away beer or liquor as a prize at a raffle or auction.
Oklahoma
SB269 — Allows a mixed-beverage licensee selling wine, beer or cocktails to-go to provide a different price than they do for drinks that are served on premises.
SB757 — Allows for small brewer and small farm wineries to deliver alcohol.
Pennsylvania
HB1615 — Allows breweries to sell malt or brewers beverages to non-licensees and licensees that also sell malt or brewers beverages. Allows all liquor license holders to offer amplified sound in their establishment (previously only allowed for wineries).
Rhode Island
HB7095 — Part of the “Take It Outside” campaign, allows restaurants to continue approved outdoor dining, which was originally approved only for the pandemic. Extends moratorium on municipal enforcement of outdoor dining requirements.
HB7209 — Eliminates sunset date on the law that allowed takeout drinks. The new law now permanently allows Class B liquor license holders and brewpubs to sell distilled spirits with takeout orders.
HB7438 — The Toxic Packaging Reduction Act, prohibits food packaging with PFAS intentionally added in any amount from being manufactured, knowingly sold or distributed in Rhode Island, as of Jan. 1, 2024.
South Dakota
HB1322 — Expands definition of cottage food to include all shelf-stable foods, and even some foods requiring refrigeration, provided the seller completes regular food-safety training. Cottage food producers will still be required to label items with a product name, the name of the producer and a disclaimer that it wasn’t produced in a commercial kitchen.
SB101 — Allows any person 19 years or older, who is certified by a nationally recognized alcohol management program, to draw, pour, mix, serve and sell alcoholic beverages if the licensee is at least 21 years of age and on the premise when the alcohol is being served.
SB188 — Allows for unlicensed businesses to store alcoholic beverages.
Tennessee
HB1688 — Creates a common carrier license to be issued by the alcoholic beverage commission to a person or corporation that transports alcoholic beverages for a fee.
SB693 — Enacts the Tennessee Food Freedom Act, specifying circumstances when persons may sell certain homemade food products. Allows people to sell shelf-stable food products without a license, as long as they don’t require temperature control.
SB2270 — Authorizes a special occasion license to designate an area in which liquor-by-the-drink licensees may sell alcoholic beverages and beer to patrons who may consume the alcoholic beverages and beer anywhere in the designated area. Authorizes a festival operator licensee to provide a list of the liquor-by-the-drink licensees that will sell alcoholic beverages and beer to patrons in the designated area of the festival.
Utah
HB142 — Allows wild game to be donated to food banks and charitable organizations.
Virginia
HB426 — Creates a third-party delivery license that authorizes the licensee to deliver alcoholic beverages purchased by consumers from other retail licensees.
HB837 — Requires any food manufacturer, food storage warehouse, and retail food establishment to obtain a permit from the Commissioner of Agriculture and Consumer Services prior to operating.
HB1336 — Convenes a working group from representatives of the state’s alcoholic beverage control authority, Virginia Wineries Association, the Virginia Wine Wholesalers Association, the Virginia Beer Wholesalers Association, and the Virginia Craft Brewers Guild and other relevant stakeholders to address various needs, including evaluating the number of barrels of beer allowed under a license and reviewing distributing through the Virginia Winery Distribution Company.
SB146 — Guarantees that State Board of Health regulations should not require an establishment that only sells prepared foods to have a certified food protection manager on site during all hours of operation.
SB315 — Increases the amount of alcoholic beverages that can be transported through the state from one gallon to three gallons.
SB519 — Authorizes sale and service of alcoholic beverages for casinos.
Washington
HB1145 — Allows non-wood, renewable fiber in 2 recycled content paper carryout bags.
HB1359 — In light of the ongoing Covid-19 pandemic, reduces liquor licensing fees temporarily.
SB5619 — Conserves and restores kelp forests and eelgrass meadows in Washington State.