Two-and-a-half years into the Covid-19 pandemic, state legislators continue to pass laws aiming to aid food businesses impacted by the pandemic.
Bills passed in the 2022 legislative session further loosen the reins on the archaic alcohol laws that dominate state alcohol departments, permanently adopt formerly temporary laws aimed to help restaurants survive the pandemic, expand cottage food laws for the growing amount of home-based producers and help farmers by setting standards on the amount of local, farm-grown produce public institutions need to be purchasing.
More states are also aiming to become more green, banning PFAS food packaging, limiting single-serving utensils and requiring produce checkout bags to be compostable.
Below are the key food, beverage and food service laws passed in 2022. They are listed alphabetically in this article, Alabama through Maryland. We’ll feature the balance of the states — Massachusetts to Wyoming — in TFA’s next newsletter (January 25, 2023).
SB22 — Allows retail establishments to serve wine for off-premise consumption, redacting the former bill that only allows for wine to be consumed on-site.
SB9 — A comprehensive overhaul of the state’s 40-year-old alcohol licensing statute. Allows the state’s Alcohol Beverage Control Board (ABC) to issue licenses to government entities and tribal groups. The modernization eliminates bureaucratic red tape by extending tasting room operating hours, allows live concerts at taprooms and allows small communities to track mail and online alcohol sales to eliminate bootlegging.
HB298 — Establishes a task force on Alaska’s food systems and sovereignty.
SB1248 — Deems it unlawful for a supplier to coerce a wholesaler to accept a delivery of beer that was not ordered or canceled.
HB2660 — Updates liquor licensing procedures.
AB 257 — Known as the Fast Food Accountability and Standards Recovery Act, it establishes the state’s first Fast Food Council to establish minimum standards on wages, working hours and health-, safety- and welfare-related conditions.
AB778 — Requires state institutions to purchase 60% California-grown food, in season.
AB1825 — Standardizes regulations regarding shipment and transport of California fruit, nut and vegetables.
AB2971 — Allows beer manufacturers to give up to five cases of retail advertising glassware to an on-sale retail licensee.
SB490 — The Buy American Food Act. Requires all state public institutions that receive federal reimbursements for meals to only purchase food products grown, packed or processed in the United States.
SB793 — Allows the Department of Alcoholic Beverage Control to issue a music venue license that would allow the licensee to sell beer, wine and distilled spirits at the entertainment facility.
SB 982 — Creates a certified organic apple program for apples grown in California.
SB 972 — Modifies the California Retail Food Code, allowing sidewalk food vendors to obtain public health permits. The new Compact Mobile Food Operation (CMFO) is defined as a non-motorized push-cart, stand, rack or display, pedal-driven cart or wage that must be cleaned and stored daily.
SB1013 — Adds wine and distilled spirits to the state’s recycling container redemption program.
SB1046 — Requires pre-checkout, produce bags in grocery stores to be reusable, recyclable or compostable.
SB1370 — Authorizes a theater company and a nonprofit radio broadcasting company that holds a license to sell and serve alcohol to also sell alcohol two hours before and one hour after the event.
HB1017 — Increases the amount of alcohol beverages brought into the state that would be exempt from taxes.
HB5146 — Act Concerning Food Donation, makes it easier for supermarkets to donate their edible surplus produce or other food items to food relief organizations that are in need.
HB5271 — Extends temporary provisions put in place during Covid-19 for temporary outdoor food and beverage services.
SB187 — Increases maximum gross sales for cottage food operations from $25,000 to $50,000.
HB46 — Permits brewery-pub and microbrewery license holders to brew, bottle and sell hard seltzers and other fermented beverages made from malt substitutes. Formerly, license holders could not brew hard seltzers or other non-malt based products without obtaining a Federal Brewer’s Notice.
HB81 — Allows two or more microbreweries to share brewing equipment if the microbreweries maintain separate premises to sell their product to consumers and wholesalers.
HB98 — Allows importers to take orders from retailers any day including Sundays and holidays and process them for delivery.
HB143 — Removes taprooms from the list of establishments that a commissioner can refuse to grant an alcohol license to when there is an existing licensed establishment of similar type within a specified distance.
HB226 — Extends immunity from civil or criminal liability to those who donate food to nonprofit organizations. Includes those who donate perishable food and wild game.
HB289 — Allows liquor stores, farm wineries, brewery-pubs, microbreweries, craft distilleries and wine auctions to provide curbside service. Sales are prohibited to intoxicated persons or persons under 21 years of age.
HB290 — Permanently removes the sunset provision of House Bill 1 that allowed food and drink establishments who suffered loss during the Covid-19 pandemic to continue selling alcoholic beverages in take-out, curbside or drive-through services — and to use outdoor seating for serving food and drinks.
HB427 — Allows persons 14 and 15 years old to be employed in places where alcoholic beverages are served, but not selling or serving alcohol.
HB463 — Amends current alcohol law, allowing a person 18 years or older to enter a tavern or taproom to pick up a food order for delivery through a third-party delivery service. Also allows a person 18 years or older to work in a tavern or taproom selling or serving alcohol as long as they’re not preparing alcohol.
SB46 — Amends current alcohol law, permitting wedding venues and other rental venues licensed as a bottle club to allow customers to bring alcoholic beverages
SB304 — Corrects code related to the regulation of seeds sold in the state.
SB334 — Allows restaurants that sell ice cream containing up to 10% alcohol by volume to sell such ice cream without the requirement to purchase at least $10 of food.
HB1175 — The Georgia Raw Dairy Act. Authorizes and regulates the production, handling, transporting and sale of raw milk and raw milk products for human consumption. It also provides standards for safety, cleanliness and health for such products and animals producing them.
HB1443 — Allows mobile food service establishments that have active permits to operate in the state state, not just the county of origin as the bill previously allowed.
SB396 — Renames Georgia State Nutrition Assistance Program (SNAP) to the Georgia Grown Farm to Food Bank Program (F2FB). It requires food procured to be Georgia grown.
HB1568 — Requires public institutions to ensure a certain percentage of food purchased for public schools, youth campuses, public hospitals, public prisons and University of Hawaii system academic programs consists of fresh, local agricultural products. Requires an annual benchmark report from public institutions on their efforts.
SB335 — Requires the Hawaii Department of Agriculture to annually lease at least 50% of land leased or up for lease renewal to operations whose primary business is, or supports, local food production.
SB2331 — Expands the definition of “beer” under the state’s liquor tax and liquor regulatory laws to specify that the term includes an alcohol by volume of no less than 0.5% and alcohol seltzer beverages.
SB2992 — Establishes the Hawaii agricultural investment program to support local agricultural producers.
SB2960 — Requires the Department of Agriculture to partner with Hawaii’s agricultural community to establish and implement a food safety certification training program to help small- to medium-sized farms comply with federal food safety certification mandates.
SB3197 — Establishes a farmer apprentice mentorship program, encouraging young farmers in the state.
SB 2664 — Protects agricultural lands that grow taro, a native crop to Hawaii. Fermented taro is used to make poi, a popular Polynesian dish.
HB646 — Expands definition of alcoholic beverages to include mead, cider and other fermented fruit juice beverages for personal use and to provide for the use and storage of homemade beer, wine and other fermented beverages at licensed premises.
HB744 — Allows distillers to donate their own liquor to charity, previously an illegal act.
HB209 — Creates the Latex Glove Ban Act, banning use of latex gloves for use in commercial food prep.
HB2382 — Creates the Healthy Food Program Development Act, expanding access to healthy foods in eligible areas in the State by providing assistance to grocery stores, corner stores, farmers’ markets and other small food retailers.
SB3838 — Amends the Food Handling Regulation Enforcement Act. Provides that a farmer who sells meat, poultry, eggs or dairy products from the premises of the farmer’s farm is exempt from licensing by the farmer’s local health department under specified conditions. Provides that local health departments may issue Farmers’ Market Retail Permits for the sale of products at farmers’ markets and at semi-permanent events.
HB1149 — Expands the cottage food law by allowing all direct sales of almost all nonperishable foods made by home-based vendors (except acidified canned goods), including online sales and in-state shipping. Requires an individual who sells poultry, rabbits, and eggs at a farmers’ market or roadside stand to comply with certain requirements.
HB1298 — Provides the alcohol and tobacco commission may not require physical separation between a bar area and a dining area in a food hall. Creates a temporary craft manufacturer hospitality permit that allows a craft manufacturer to participate in a convention, trade show, exposition or similar event on the licensed premises of a particular host permittee.
HF2431 — Updates Iowa’s cottage food laws from “home bakeries” to “home food processing establishments.” Allows cottage food producers to sell most types of homemade food, including acidified canned goods, meat and poultry. Also allows cottage food businesses to sell online and ship products. Increases the sale limit for home food processors from $35,000 to $50,000.
SF2290 — Creates the Dairy Processing and Milk Production Innovation and Revitalization program, to aid the dairy industry in recovering from the pandemic and expand career opportunities and industry development in rural Iowa. Creates an artisanal dairy study to explore establishing an artisanal dairy processing program at a community college or university.
SF2374 — Overhaul of Iowa’s liquor licensing classifications. Allows Class C liquor licenses to purchase up to five cases of beer, high alcohol content beer or canned cocktails at any retailer, every 24 hours. It also includes Sunday Sales privileges on all Class C licenses. Includes fines for third-party food delivery services that use a restaurant’s logo or menu without permission. Also changes how Iowans can redeem beer and soda cans and bottles to collect nickel deposits.
SB2 — Allows consumption of beer, wine or other alcoholic liquor on the Kansas state fairgrounds. Increases the number of temporary permits an applicant may receive from four to 12 permits per year.
SB346 — Allows on-farm sales of raw milk, with a label identifying the product as unpasteurized.
HB252 — Amends alcohol law to lower the minimum server age of employees to 18 and to exclude persons under the age of 20 from bartending.
HB500 — Modernizes Kentucky alcohol laws to aid the state’s thriving bourbon industry. Legalizes sales of barrel-aged and batched cocktails, a practice formerly not authorized in Kentucky since the alcohol was not poured from its original container. Authorizes private barrel selection events, allows distillers to sell exclusive bottles on-site at distillery gift shops, authorizes distilleries to open a satellite tasting room and allows distillers to offer complimentary samples and sell bottles at fairs, festivals and farmer’s markets.
HR15 — A resolution recognizing March 22, 2022, as National Agriculture Day.
HR21 — A resolution recognizing October 12, 2022, as National Farmers Day.
HR31 — A resolution recognizing May 2022 as National Beef Month in Kentucky.
HR35 — A resolution recognizing June 2022 as National Dairy Month.
HB370 — Allows for self-distribution of beer or other malt beverages by in-state brewers.
HB523 — Allows licensed manufacturers or brewers of alcoholic beverages to host contracted private events at brewing facilities.
HB828 — Updates the state’s cottage food law, increasing the gross annual sales threshold under which a home-based preparer of low-risk foods may qualify for the protections of the statute known commonly as the cottage food law.
HB829 — Updates third-party alcoholic beverage delivery laws to clarify the delivery distance radius, necessary permits and penalties.
HR 78 — A resolution asking Congress to require the Food and Drug Administration to fulfill its duties related to the inspection and testing of imported seafood and to support the Illegal Fishing and Forced Labor Prevention Act. Collaboratively, these efforts would help restore economic opportunities for Louisiana’s fishing industries, protect the health of consumers, and make the international seafood trade safer for workers
SB450 — Allows a licensed wholesaler to transfer beverages between microbreweries.
LD1503 — Prohibits the use of toxic “forever chemicals” called perfluoroalkyl and polyfluoroalkyl substances (PFAS) in various products, including food packaging and cookware.
HB 178 — Alters the definition of cottage food business to increase the cap on the annual revenues from the sale of cottage food products from $25,000 to $50,000.
HB275 — Prohibits a person from manufacturing, selling or distributing products with PFAS chemicals in the state of Maryland, including in food packaging.
SB569 — Extends the application dates of certain provisions related to certain holders of Class 4 limited winery licenses.