Could Outdated Law Force Fermented Drinks Off Shelves?
A decades-old South Carolina law is threatening kombucha and non-alcoholic beverage producers who sell their fermented drinks in the state.
The current statute dictates that a permit is needed to sell beer and other fermented beverages. But the law lists no minimum ABV, forcing kombucha brewers and non-alcoholic beer producers to follow the same permitting regulations as alcoholic brands.
Though the statute is loosely enforced, it came to a head recently (pun intended). Non-alcohol beer company Athletic Brewing Co. announced it would no longer sell their products in South Carolina due to ““the recent legal interpretation by state officials on the unique definition of non-alcoholic beer.” The state’s Department of Revenue began investigating Athletic Brewing Co. after receiving a complaint about the brewer.
“This is definitely going to create a lot of uncertainty for a lot of different types of businesses and, you know, ultimately, the question is, ‘Are we going to apply the alcohol rules to companies who don’t necessarily, you know, the alcohol is so minimal?’” said Brook Bristow, an attorney at Bristow Beverage Law, who served as Executive Director of the state’s Brewers Guild for seven years.
Brewers that want to comply with the current law have to apply for an expensive license. SouthCarolina’s General Assembly currently has no bills under discussion that would modify the regulations.
Read more (The Free Times)
- Published in Business
Upcycling Olive Oil, Wine & Beer Byproducts
The olive oil, wine and beer industries each create an enormous amount of waste. Producers, vintners, and brewers dispose of millions of tons of pomace and spent grains every year, often at a big cost.
To a crowd of food industry professionals at Natural Products Expo West, professors at University of California, Davis, shared their research into how these byproducts can be upcycled.
“There’s a lot of waste that can be generated doing agriculture and food processing,” said Selina Wang, PhD, Cooperative Extension Specialist in the Food, Science and Technology department. Globally, good waste is estimated at 140 billion tons a year. “That is a lot, but also a lot of opportunities for us to explore.”
Olive Oil Waste
Wang, who researches small-scale fruit and vegetable processing, says olive oil needs a byproduct solution. Oil is only 20% of an olive’s weight – the other 80% is discarded in olive oil production. Globally, the industry generates 20-30 million tons of olive pomace a year.
What industry, Wang questions, would operate using only 20% of their commodity?
“This is an industry that has been made to use the minor product. But we know there’s a lot of values in the byproduct,” Wang says. Olive pomace has numerous active health compounds which, when consumed, are proven to prevent disease like cancer, Type 2 diabetes and cardiovascular disease. But disposing of this byproduct creates a large carbon footprint. “Can we have a solution to climate change while at the same time improving our health?”
Many producers use the waste as animal feed, giving it away to ranchers. But often, the cost of transportation is too high to justify the benefits. And using olive pomace for compost is not ideal, as it has a negative effect on soil microbes.
In a recent UC Davis study, olive pomace was added to pasta, bread and granola bars, which were then tested for consumer acceptance. Tastes were strong and the grains turned purple when the pomace was added, so the amount of pomace added was low (7% in the pasta and 5% in the bread and granola bars). Consumers didn’t hate the products – they liked them slightly less than the unfortified versions – but the majority said they wouldn’t pay more for the items made with olive pomace.
“I would challenge us to think outside the status quo,” Wang says. “Olive oil was an industry developed with tradition, love and passion. But does it make sense to have an industry where we’re using only 20% of raw material? Or do we actually have an industry focusing on the 80% and the 20% is a wonderful gift we give to family and friends?”
Grape Waste
Further UC Davis studies are also looking at wine byproducts The global wine industry produces 10-13 million tons of grape pomace annually.
That waste is rich in flavonoids and oligosaccharides. UC Davis and Iowa State are currently studying the flavonoids as natural antioxidants and the oligosaccharides as prebiotics, and if they would have a synergetic effect on gut health.
“It basically shows there’s a second life to winemaking and the wine byproduct that’s generated,” she said.
Researchers at UC Davis who have studied feeding cows seaweed to reduce greenhouse gas emissions have proposed to the California Research Dairy Foundation that they use grape pomace instead. It’s cheaper than seaweed and cows burp less after consuming grapes.
Other industries, such as cosmetics, pet food and construction, could also use the byproducts. For example, a new study shows how construction companies could use olive pomace in asphalt paving and building materials.
Brewing Waste
Waste streams are an even bigger problem for the brewing industry, says Glen Fox, PhD, the Anheuser-Busch endowed professor of Malting and Brewing Science at UC Davis. Brewers globally produce over 49 million tons of spent grain a year.
That waste is high in water content (about 80%), but most brewers don’t have the ability to store wet grain. Similar to olive and grape pomace, it’s cheap feed for animals. But the cost of transporting spent grain outweighs the benefits for most breweries.
“At the moment, they’re giving it away,” he says. “They would like to get something back for it.”
Fox sees big opportunities for food producers to use brewing grains, which are packed with nutrients. Compounds can be extracted, such as dietary fiber for supplements, hydrocinnamic acid for makeup and even cellulose pulp for toilet paper. Fox is working on a patent for a process that would allow grains to be applied directly to soil.
The craft brewing industry is “the most viral business in America,” Fox said. There are breweries everywhere – some 9,000 craft brewers in the U.S., with over 1,000 in California alone. But there are not nearly as many food production facilities that can collect the spent grains.
“This industry is in an advantageous position because it has that waste stream every day,” Fox says. “If you want to potentially use this in your business, you don’t have to look far for your supplier.”
When Will the Food Industry Innovate?
“We have to start rethinking our food systems – farm to mouth,” Fox said. “It’s a big challenge.”
There’s no shortage of high-quality research on options for olive oil, wine and beer byproducts, Wang points out. The food industry needs to innovate profitable, desirable products made from upcycled ingredients. At one point whey – a byproduct of cheese production – was dumped down the drain, Wang said. Now it’s a popular protein supplement, in powders and bars.
Two brands are making inroads. Vine to Bar uses grape pomace to make chocolate. ReGrained uses spent beer grains to make pastas, bars and puffs.
“The key is we need to go from a linear economy – which is just made to waste – to a circular economy where we can avoid generating these wastes by upcycling every waste or every byproduct that we generate,” Wang said.
Experimenting with Yeast
The craft brewery industry is seeing increased innovation — and beer drinkers eagerly embrace these novel experiments. Brewers are turning to new, unique yeast profiles for distinctive drink styles.
“Whether a brewer chooses to ferment hot and quick or slow and cold is in large part a direct response to what microorganisms – i.e., yeasts – they select to turn their sugar water (aka wort, in beer-speak) into beer; and depending on the temperature and amount of yeast used, the same yeast profile can yield different flavors. Will a yeast profile influence the drinker’s experience?” reads an article in Sauce magazine. “The past several years have seen substantial innovation in the fermentation process leading to greater efficiency and efficacy.”
Yeast isolates used more and more by craft brewers include the lager-style Lutra kveik (kveik being the word for yeast in Norwegian). Kveik strains produce fruity, tropical-tasting beers. Another yeast rising in popularity among brewers is Sourvisiae, which produces a more sour flavor.
Read more (Sauce)
- Published in Food & Flavor
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.
The Rise of Fermented Foods and -Biotics
Microbes on our bodies outnumber our human cells. Can we improve our health using microbes?
“(Humans) are minuscule compared to the genetic content of our microbiomes,” says Maria Marco, PhD, professor of food science at the University of California, Davis (and a TFA Advisory Board Member). “We now have a much better handle that microbes are good for us.”
Marco was a featured speaker at an Institute for the Advancement of Food and Nutrition Sciences (IAFNS) webinar, “What’s What?! Probiotics, Postbiotics, Prebiotics, Synbiotics and Fermented Foods.” Also speaking was Karen Scott, PhD, professor at University of Aberdeen, Scotland, and co-director of the university’s Centre for Bacteria in Health and Disease.
While probiotic-containing foods and supplements have been around for decades – or, in the case of fermented foods, tens of thousands of years – they have become more common recently . But “as the terms relevant to this space proliferate, so does confusion,” states IAFNS.
Using definitions created by the International Scientific Association for Postbiotics and Prebiotics (ISAPP), Marco and Scott presented the attributes of fermented foods, probiotics, prebiotics, synbiotics and postbiotics.
The majority of microbes in the human body are in the digestive tract, Marco notes: “We have frankly very few ways we can direct them towards what we need for sustaining our health and well being.” Humans can’t control age or genetics and have little impact over environmental factors.
What we can control, though, are the kinds of foods, beverages and supplements we consume.
Fermented Foods
It’s estimated that one third of the human diet globally is made up of fermented foods. But this is a diverse category that shares one common element: “Fermented foods are made by microbes,” Marco adds. “You can’t have a fermented food without a microbe.”
This distinction separates true fermented foods from those that look fermented but don’t have microbes involved. Quick pickles or cucumbers soaked in a vinegar brine, for example, are not fermented. And there are fermented foods that originally contained live microbes, but where those microbes are killed during production — in sourdough bread, shelf-stable pickles and veggies, sausage, soy sauce, vinegar, wine, most beers, coffee and chocolate. Fermented foods that contain live, viable microbes include yogurt, kefir, most cheeses, natto, tempeh, kimchi, dry fermented sausages, most kombuchas and some beers.
“There’s confusion among scientists and the public about what is a fermented food,” Marco says.
Fermented foods provide health benefits by transforming food ingredients, synthesizing nutrients and providing live microbes.There is some evidence they aid digestive health (kefir, sourdough), improve mood and behavior (wine, beer, coffee), reduce inflammatory bowel syndrome (sauerkraut, sourdough), aid weight loss and fight obesity (yogurt, kimchi), and enhance immunity (kimchi, yogurt), bone health (yogurt, kefir, natto) and the cardiovascular system (yogurt, cheese, coffee, wine, beer, vinegar). But there are only a few studies on humans that have examined these topics. More studies of fermented foods are needed to document and prove these benefits.
Probiotics
Probiotics, on the other hand, have clinical evidence documenting their health benefits. “We know probiotics improve human health,” Marco says.
The concept of probiotics dates back to the early 20th century, but the word “probiotic” has now become a household term. Most scientific studies involving probiotics look at their benefit to the digestive tract, but new research is examining their impact on the respiratory system and in aiding vaginal health.
Probiotics are different from fermented foods because they are defined at the strain level and their genomic sequence is known, Marco adds. Probiotics should be alive at the time of consumption in order to provide a health benefit.
Postbiotics
Postbiotics are dead microorganisms. It is a relatively new term — also referred to as parabiotics, non-viable probiotics, heat-killed probiotics and tyndallized probiotics — and there’s emerging research around the health benefits of consuming these inanimate cells.
“I think we’ll be seeing a lot more attention to this concept as we begin to understand how probiotics work and gut microbiomes work and the specific compounds needed to modulate our health,” according to Marco.
Prebiotics
Prebiotics are, according to ISAPP, “A substrate selectively utilized by host microorganisms conferring a health benefit on the host.”
“It basically means a food source for microorganisms that live in or on a source,” Scott says. “But any candidate for a prebiotic must confer a health benefit.”
Prebiotics are not processed in the small intestine. They reach the large intestine undigested, where they serve as nutrients for beneficial microorganisms in our gut microbiome.
Synbiotics
Synbiotics are mixtures of probiotics and prebiotics and stimulate a host’s resident bacteria. They are composed of live microorganisms and substrates that demonstrate a health benefit when combined.
Scott notes that, in human trials with probiotics, none of the currently recognized probiotic species (like lactobacilli and bifidobacteria) appear in fecal samples existing probiotics.
“There must be something missing in what we’re doing in this field,” she says. “We need new probiotics. I’m not saying existing probiotics don’t work or we shouldn’t use them. But I think that now that we have the potential to develop new probiotics, they might be even better than what we have now.”
She sees great potential in this new class of -biotics.
Both Scott and Marco encouraged nutritionists to work with clients on first improving their diets before adding supplements. The -biotics stimulate what’s in the gut, so a diverse diet is the best starting point.
Are Beer Bars Dying?
As the number of craft breweries continues to balloon — growing to nearly 9,000 in 2020 — craft beer bars are going extinct. The New York Times explores why: brewers are turning into competitors. Few people want to drink at a bar when they can instead go to a brewery’s own taproom.
Bars helped the craft industry grow, but now what was once “a prime way of bringing people into bars was gradually taken away by the breweries themselves,” says Chris Black of Falling Rock Tap House in downtown Denver. Black was forced to close his bar this summer, as the COVID-19 pandemic caused sales to plummet.
The pandemic accelerated closures for numerous failing bars across America, a big loss for locals who found community at their hometown establishment. But brewery taprooms aren’t the only culprit. The article notes craft beer used to be found only in bars — now it can be purchased in stadiums and supermarkets.
(Pictured: Joann Cornejo and Eddie Trejo, who run Machete Beer House in National City, Calif. It’s a community-focused bar that offers brews from America and Mexico and features pop-up vendors selling birria tacos and paletas.)
Read more (The New York Times)
- Published in Business
Primeval Poop Profiles
Studies of ancient poop found “humans as long as 2,700 years ago in the Iron Age were already using sophisticated techniques in flavoring the fermented foods.” They especially loved pairing pale ale with blue cheese.
A paper published in Current Biology detailed how researchers used paleo fecal samples found in salt mines in Austria to analyze the food ancient people were consuming. Their stool dehydrated in the salt, creating an ideal, preserved sample.
Researchers from the Institute for Mummy Studies, the University of Trento and the Vienna Museum of Natural History also found industrialization transformed the Western diet. Humans used to have healthier, more biodiverse gut microbiomes “because they were eating unprocessed foods.”
Frank Maixner, one of the paper’s lead authors, believes combining archaeology and microbiology could “illuminate the greater puzzle of human history.”
Read more (Popular Science)
- Published in Food & Flavor, Science
Native American Brewery with Traditional Flavors
Bow & Arrow Brewing in New Mexico is part of two small but growing groups in the U.S. — it is both female- and Native American-owned.
Bow & Arrow locally sources their traditional Native American ingredients (blue corn, Navajo tea, three-leaf sumac) for their seasonal sour beers. The hops they use — subspecies neomexicanus — were used for their antiviral properties by the Navajo people in the Southwest,who put them in teas and salves. The brewery owners — Missy Begay and Shyla Sheppard — forage for hops in the mountains near Albuquerque. They also give their spent brewing grains to a local Native American family for use as feed for their livestock.
Begay, pictured left (who is Diné [Navajo]) and Sheppard, pictured right (a member of the Three Affiliated Tribes [Mandan, Hidatsa, and Arikara]) met at Stanford University in 2000. They took different career paths, but both fell in love with craft beer and homebrewing. They opened Bow & Arrow Brewing Co. in 2016.
“There is a sweetness to the land here, and all of this is sacred. We hope, as Native American women brewery owners, that people understand the story we have to tell,” Begay says.
Read more (Outside)
- Published in Business, Food & Flavor
Beer’s Complex Makeup
German scientists have found at least 7,700 different chemical formulas — translating to tens of thousands of unique molecules — in 467 commercial beer types.. Researchers with Technical University of Munich (TUM) and Helmholtz Zentrum München, Neuherberg, Germany (HZM-Neuherberg) used state-of-the-art mass spectrometry techniques to reveal the vast metabolic complexity, according to a study published in Frontiers in Chemistry.
The beers tested came from all over the world — U.S., Latin America, Europe, Africa and East Asia — and were brewed with barley alone or from a mix of barley and wheat, rice or corn.
Of the distinct molecules discovered, 80% had not yet been described in chemical databases.
“We show that this diversity originates in the variety of raw materials, processing, and fermentation,” said first author Stefan Pieczonka, a PhD student at TUM. “This complex reaction network is an exciting focus of our research, given its importance for food quality, flavor, and also the development of novel bioactive molecules of interest for health.”
Read more (Tech Radar)
- Published in Science