Endangered Fermented Foods

Through selective breeding and domestication of plants and livestock, the world’s food system has lost diversity to an alarming degree. Crops are monocultures and animals are single species. Journalist and author Dan Saladino argues it’s vital to the health of humanity and our planet to save these traditional foods.

“There’s an incredible amount of homogenization taking place in the last century, which has resulted in a huge amount of concentration of power in the food system but also a decline in the amount of biodiversity,” says Saladino, author of Eating to Extinction. “That agricultural and biological diversity is disappearing and it’s taken us thousands, millions of years for plant, animal evolution to get to this point.”

Saladino was a keynote speaker at The Fermentation Association’s conference FERMENTATION 2022, his first in-person talk in the United States since his book was released in February. A journalist with the BBC, Saladino was also an active participant in the event, attending multiple days’ worth of educational sessions. He called the conference “mind expanding.”

“I thought I knew about fermentation, when in fact I know very little,” Saladino said to the crowd in his keynote. “We’ve been bemused by the media reports that fermentation is a fad or fashion. What we know is that the modern food system in the last 150 years is the fad. It’s barely a blip in the context of our evolution as species, and it’s the way we’ve survived as a species over thousands of years.”

Eating to Extinction includes 40 stories of endangered foods and beverages, just touching on a fraction of what is happening around the world. To date, over 5,000 endangered items from 130 different countries have been cataloged by the Slow Food Foundation’s project the Ark of Taste

During FERMENTATION 2022, Saladino centered his remarks around the endangered fermented foods he chronicled in his book – Salers cheese, skerpikjøt, oca, O-Higu soybeans, lambic beer, pu’erh tea, qvevri wine, perry and wild forest coffee. Here are some of the highlights of his presentation.

Salers cheese (Augergne, Central France)

Fermentation was a survival strategy for many early humans, a fact especially evident in the origins of cheesemaking. In areas like Salers in central France, villagers live in inhospitable mountain areas where it’s difficult to access food. In the spring each year, cheesemakers travel up the mountains with their cattle and live like nomads for months. 

“It’s extremely laborious, hard work,” Saladino says, noting there’s only a handful of Salers cheese producers left in France. He marvels at “the ingenuity of taking animals up and out to pasture in places where the energy from the sun and from the soil is creating pastures with grasses with wildflowers and herbs and so on.”

Unlike with modern cheese, no starter cultures are used to make Salers cheese. The microbial activity is provided by the environment – the pasture, the animals and even the leftover lactic acid bacteria in the milk barrels. Because of diversity, the taste is rarely consistent, ranging season to season from mild to aggressive. 

“The idea of cheesemaking is a way humans expand and explore these new territories assisted by the crucial characters in this: the microbes,” he adds. “It can be argued that cheese is one of most beautiful ways to capture the landscape of food – the microbial activity in grasses, the interaction of breeds of animals that are adapted to the landscape. It’s creating something unique to that place.”

Skerpikjøt (Faroe Islands)

Skerpikjøt “is a powerful illustration to our relationship with animals, with meat eating,” Saladino says. It is fermented mutton and unique to Denmark’s Faroe Islands. Today’s farmers selectively breed their sheep for ideal wool production, then slaughter the lambs for meat. In the Faroes, “the idea of eating lamb was a relatively new concept.” Sheep are considered vital to the farm as long as they’re still producing wool and milk.

Once a sheep dies or is killed, the mutton carcass is air-dried and fermented in a shed for 9-18 months. The resulting product is “said to be anything between Parmesan and death. It certainly has got a challenging, funky fragrance,” Saldino says.

But it contrasts traditional and modern food practices. Skerpikjøt is meant to be consumed in small quantities, delicate slivers of animal proteins used as a garnish. Contemporary meat is served in large portions and meant to be consumed quickly.

Oca (Andes, Bolivia),

In the Andes – “one of the highest, coldest and toughest places on Earth to live” – humans have relied on wild plants like oca, a tuber. After oca is harvested, it’s taken to the Pelechuco River. Holes are dug on the riverbank, then filled with water, hay and muna (Andean mint). Sacks of oca are placed in the holes, weighted down by stones, and left to ferment for a month. This process is vital as it leaches out acid. 

“Through processing, this becomes an amazing food,” Saladino says.

But cities are demanding certain types of potatoes, encouraging remote villagers to plant monocultures of potatoes which are prone to diseases. The farmers end up in debt, buying fertilizers and pesticides to grow potatoes.

“For thousands of years, oca and this fermentation technique and the process to make these hockey pucks of carbohydrates and energy kept them alive in that area,” Saladino says. “It’s a diversity that is fast disappearing from the Andes.”

O-Higu soybeans (Okinawa, Japan)

The modern food industry is threatening the O-Higu soybean, too. It was an ideal soybean species – fast-growing, so it can be harvested before the rainy season and the arrival of insects. 

“But by the 20th century, the soy culture pretty much disappeared,” Saladino says.

With World War II came one of America’s biggest military bases to Japan. U.S. leaders dictated what food could be planted on the island. Okinawa was self-sufficient in local soy until American soy was introduced.

Lambic Beer (Belgium)

Saldino explained that, after a spring/summer harvest, Belgian farmers became brewers. They used their leftover wheat to create brews unique to the region.

But by the 1950s and 1960s, larger brewers began buying up the smaller ones. Anheuser-Busch InBev now produces one in four beers drunk around the world.

“There [is] story after story of these distinctive, unique, small breweries disappearing as they are bought up or absorbed into this growing, expanding empire of brewing,” Saladino says. “It’s probably one of the most striking cases of corporate consolidation of a drink and food product.”

Saladino stressed not all is lost. He shared stories of scientists, researchers and local people trying to save endangered foods, collecting seeds, restoring crops and combining traditional and modern-day practices to preserve the world’s rare foods.

“There have been so many fascinating stories of science and research discussed over the last few days at this conference, and I think the existence of The Fermentation Association is exciting because it is bringing together tradition, culture, science, culinary skills, all of these things we know food is,” Saladino added. “Food is economics, politics, geography, anthropology, nutrition. What I’m arguing is that these clues or glimpses into the past for these endangered foods, they’re not just some kind of a food museum or an online catalog. They are the solutions that can help us resolve some of the biggest food challenges we have.”

If you still think of hot dogs and deep dish pizza as the icons of Chicago’s culinary scene, you need to think again. The so-called “Capital of the Midwest” is a hub of innovation in the food industry. Chicago has the largest food and beverage production in the U.S., with an annual output of $9.4 billion Startup companies in the region raised $723 million in venture capital last year. 

“Chicago is one of the most diverse cities for eating,” says Anna Desai, Chicago-based influencer of ‘Would You Like Something to Eat’ on Instagram. ”Our culinary scene is constantly elevating and evolving. We are always just a neighborhood or tollway away from experiencing a new culture and cuisine. I’m most excited when I find an under-the-radar spot or discover a maker who can pair flavors and ingredients that get you curious and wanting more.”

Desai wanted to celebrate and champion the Asian American and Pacific Islanders (AAPI) community in the Chicago food and beverage scene. She says “food has long served as a cultural crossroad” and Chicago’s multicultural cuisine exemplifies that sentiment. 

Chicago is home to some of the most creative minds in fermentation, from celebrity chefs, zero waste ventures, alternative protein corporations, the world’s largest commercial kefir producer and plenty of regional and artisanal producers lacto-fermenting vegetables, brewing kombucha and experimenting with microbes in food and drink.

“Chicago is a great food city in its own right, so naturally there is a ton of talent in the fermentation space,” says Sam Smithson, chef and culinary director of CultureBox, a Chicago fermentation subscription box. “The pandemic’s effect on restaurants has also spawned a new wave of fermenters (ourselves included) that are looking for a path outside the grueling and uncertain restaurant structure to display our creative efforts. This new wave is undoubtedly community-motivated and concerned more with mutual aid than competition. There is a general feeling that we are all working towards the same goal so cooperation and collaboration is soaring and we are seeing incredible food come from that.”

Flavor is King

Flavor development is still the prime motivation for chefs to experiment with fermentation. A good example is at Heritage Restaurant and Caviar Bar in Chicago’s Humboldt Park neighborhood. 

“Fermentation has been a cornerstone of the restaurant since its inception,” says Tiffany Meikle, co-owner of Heritage with her husband, Guy. “With the diverse cuisines we pull from, both from Eastern and Central Europe and East Asia, we researched fermentation methodologies and histories, and started to ‘connect the dots’ of each culture’s fermentation and pickling backgrounds.”

Menus have included sourdough dark Russian rye bread, toasted caraway sauerkraut, kimchi made from apples, Korean pears and beets and a kimchi using pickled ramps (wild onions). Heritage has also expanded their fermentation program to the bar, where they’ve created homemade kombucha, roasted pineapple tepache, sweet pickled fruits for cocktail garnishes, and kimchi-infused bloody mary mix. 

“It’s fascinating to me that there are so many ingredients you can use in a fermented product,” says Claire Ridge, co-founder of Luna Bay Booch, a Chicago-based alcoholic kombucha producer. “People are really experimenting with interesting ingredients in kombucha…I have seen brewers do some of the wildest recipes and some recipes that are very basic.”

Innovating Food

Chicago-based Lifeway Kefir is indicative of the innovation taking place in the city. Last year the company expanded into a new space: oat-based fermentation, launching a dairy-free, cultured oat milk with live and active probiotics.

“We’ve spent so many years laying the groundwork in fermented dairy,” says Julie Smolyansky, CEO. “Now we’re experimenting and expanding to see what’s over the next horizon, though we’ll always have kefir as our first love.”

Chicago is home for two inventive fermented alternative protein startups: Nature’s Fynd and Hyfé Foods. Both companies were born out of the desire to create alt foods without damaging the environmental. 

“Conscious consumerism is a trend that’s driving many people to try alternative proteins, and it’s not hard to understand why,” says Debbie Yaver, chief scientific officer at Nature’s Fynd. The company uses fermentation technology to grow Fy, a nutritional fungi protein. “Fungi as a source of protein offer a shortcut through the food chain because they don’t require the acres of land or water needed to support plant growth or animal grazing, making fungi-based protein more efficient to produce than other options.”

Alternative foods outlasting the typical trend cycle is a challenge for companies like Nature’s Fynd. When grown at scale, Fy uses 99% less land, 99% less water and emits 94% fewer greenhouse gasses than raising beef. But, to make an impact, “we need more than just vegans and vegetarians to make changes in their diets,” Yaver adds.

Waste Not

Numerous companies are using fermentation as a means to eliminate waste. Hyfé Foods, another player in the alternative protein space, repurposes sugar water from food production to create a low-carb, protein-rich flour. Fermentation turns a waste product into mycelium flour, mycelium being the root network – or hyphae (hence the company name) — of mushrooms. 

“[We’re] diverting input to the landfill and reducing greenhouse gas emissions at scale,” says Michelle Ruiz, founder. “Hyfé operates at the intersection of climate and health, enabling regional production of low cost, alternative protein that reduces carbon emissions and is decoupled from agriculture.”

Symmetry Wood is another Chicago upcycler. They convert SCOBY from kombucha into a material, Pyrus, that resembles exotic wood. Founder Gabe Tavas says Pyrus has been used to produce guitar picks, jewelry and veneers. Symmetry uses the discarded SCOBY from local kombucha brand Kombuchade.

Many area restaurants and culinary brands also use  fermentation to preserve food for the long Chicago winters, when local produce isn’t available. Pop-up restaurant Andare, for example, incorporates fermentation into classic Italian dishes. 

“Finding ways to utilize what would otherwise be waste products inspired our initial dive into fermentation. The goal is not just to use what’s leftover, but to make it into something delicious and unique,” says Mo Scariano, Andare’s CEO. “One of our first dishes employing koji fermentation was a summer squash stuffed cappellacci served with a butter sauce made from carrot juice fermented with arborio rice koji. Living in a place with a short grow season, preservation through fermentation allowed us access throughout the year to ingredients we only have fresh for a few weeks during the summer.”

Industry Challenges

Despite growing interest and increasing sales, fermenters face some significant hurdles.

Smithson at CultureBox says he sees that consumers are open to unorthodox, less traditional ferments. Though favorites like kombucha and sauerkraut dominate the market, “their share is being encroached on by increasingly more varied and niche ferments.” But getting these products to market can be a challenge. Small-scale, culinary producers are challenged by the regulatory hoops they need to jump through to legally sell ferments – especially unusual ones a food inspector doesn’t recognize. 

“The added layer of city regulations on top of state requirements, sluggish health department responses, and inflexible policy chill the potential of small producers,” Smithson says. But he highlights the recently-passed Home-to-Market Act of Illinois as positive legislation helping startup fermenters.

Consumer awareness and education are also vital. “Many longstanding and harmful misconceptions on the safety and value of fermented products still exist,” Smithson says.

Matt Lancor, founder and CEO of Kombuchade makes consumer education a core part of marketing, to align kombucha as a recovery drink.

“Most mainstream kombuchas are marketed towards the yoga/crystal/candle crowd, and I saw a major opportunity to create and market a product for the mainstream athletic community,” he says. “We’re on a mission to educate athletes and the general public about these newly discovered organs [the gut] – our second brain – and fuel the next generation of American athletes with thirst quenching, probiotic rich beverages.”

Product packaging provides much of a consumer’s education. Jack Joseph, founder and CEO of Komunity Kombucha, says simplicity is key. 

“People are more conscious of their health now, more than ever before,” he says. “So now it comes down to the education of the product and creating something that is transparent and easy for the consumer to digest.”

Sebastian Vargo of Chicago-based Vargo Brother Ferments agrees. 

“Oftentimes food is considered ‘safe’ due to lack of microbes and how sterile it is,” he says. “Fermentation eschews the traditional sense of what makes food ‘safe’. We need to create a set standardized guide for fermented food to follow, and change our view of living foods in general. One of the brightest spots to me is the fact that fermentation is really hitting its stride and finding its place in the modern world, and I don’t see it going anywhere but up in the near future.”

The country of Kyrgyzstan is hoping to attract tourists by highlighting traditional kumis – fermented mare’s milk. Locals drink and bathe in the liquid for health benefits. Promotional films romanticize a visit to the Asian country, highlighting how one can experience the nomadic Kyrgyz lifestyle by sleeping in a mountain yurt near herds of horses.

“We decided to try it after hearing about saamal (another word for mare’s milk) and kumis from our friends who had visited Kyrgyzstan,” says Ibrahim al-Sharif, a tourist from Mecca, Saudi Arabia, in a CNN Travel article. “I cannot even describe its taste. There is nothing in Saudi Arabia that I would compare with it.”

CNN notes “milking a mare is far trickier than milking a cow.” A person must be big enough to reach their arms around the horse’s thigh. A milking is not done year round but in mid-May and mid-July, traditionally ending when the Pleiades star cluster appears.

Read more (CNN)

Humans have domesticated plants and animals since the early days of civilization, changing the life cycles, appearances and behaviors of crops and livestock. A new study shows humans have done the same to fermented products, selectively taming microbes. But as a result, microbial strains have evolved to where they can no longer survive in the wild.

“The burst of flavor from summer’s first sweet corn and the proud stance of a show dog both testify to the power of domestication,” reads an article in Science titled “Humans tamed the microbes behind cheese, soy, and more.” “But so does the microbial alchemy that turns milk into cheese, grain into bread, and soy into miso. Like the ancestors of the corn and the dog, the fungi and bacteria that drive these transformations were modified for human use. And their genomes have acquired many of the classic signatures of domestication.”

Humans have used selective breeding to produce the most desired traits in plants and animals – for example, making a plant less bitter or an animal larger. Thousands of years of domestication have changed DNA. Though microbes can’t be bred the same way, “humans can grow microbes and select variants that best serve our purposes.” It’s now left “genetic hallmarks similar to those in domesticated plants and animals: The microbes have lost genes, evolved into new species or strains and become unable to thrive in the wild.”

Scientists shared this research during two talks at Microbe 2022, the annual meeting of the American Society for Microbiology in Washington D.C. The talks – “Origins and Consequences of Microbial Strain Diversity” and “Microbial Diversity in Food Systems: From Farm to Fork

– were convened by TFA Advisory Board members Benjamin Wolfe, PhD, ofTufts University, and Josephine Wee, PhD, from Penn State. They invited various academics to present their research on these topics.

Microbial Domestication in Cheese

Wolfe said the studies “are getting to the mechanisms” of how microbial domestication works. They reveal “which genes are key to microbes’ prized traits – and which can be lost,” continues the Science article. This work is critical to the future of food, as these microbe gene traits can shape fermented foods and beverages. 

Presenters included Vincent Somerville, PhD, from the University of Lausanne, Switzerland, speaking on the changing genomic structure of cheese cultures. He pointed out that bread yeasts have long been domesticated. They’ve lost so much of their genetic variation that they can’t live in the wild. Other microbes are “lacking clear evidence of domestication … in part because [their] microbial communities can be hard to study,” he said.

Somerville’s research revolves around a starter culture for a Swiss hard cheese. Bacterial cheese starters were created by early cheesemakers; in the 70s, samples of these cultures began being banked to ensure quality. But Somerville and his collaborators, after sequencing the genomes of more than 100 of these samples, found little genetic diversity, with just a few strains of two dominant species..

“The exciting thing from this work was having samples over time,” Wolfe said. “You can see the shaping of diversity,” with changes in the past 50 years hinting at the trajectory of change over past centuries.

Domesticated vs. Wild Aspergillus 

John Gibbons, a genomicist at the University of Massachusetts, Amherst, presented on Aspergillus oryzae, “the fungus that jump-starts production of sake from rice, and soy sauce and miso from soybeans.” Farmers cultivate A. oryzae, which reproduces on its own. “But when humans take a little finished sake and transfer it to a rice mash to begin fermentation anew, they also transfer cells of the fungal strains that evolved and survived best during the first round of fermentation,” the article reads.

Gibbons compared the genomes of A. oryzae strains with those of A. flavus, it’s wild ancestor. Human involvement in transferring the fungus has “boosted A. oryzae’s ability to break down starches and to tolerate the alcohol produced by fermentation.” The domesticated Aspergillus strains may have up to five times the number of genes used to break down starches compared to their ancestors.

 “The restructuring of metabolism appears to be a hallmark of domestication in fungi,” he said.

 Gibbons also found the genes of domesticated A. oryzae to have little variation. And some key genes have disappeared, “including those for toxins that would kill the yeast needed to complete fermentation — and which can make humans sick.” The article concludes: “Domestication has apparently made A. oryzae more human friendly, just as it bred bitter flavors out of many food plants.”

The gut microbiome is the “black box” of nutrition research, according to the new study “Rethinking Healthy Eating in Light of the Gut Microbiome.” We will never fully understand the science behind nutrition without understanding the bacteria living in the gut.

“Given the worldwide epidemic of diet-related chronic diseases, evidence-based dietary recommendations are fundamentally important for health promotion,” reads the study. “Despite the importance of the human gut microbiota for the physiological effects of diet and chronic disease etiology, national dietary guidelines around the world are just beginning to capitalize on scientific breakthroughs in the microbiome field.”

The study, published in the journal Cell, Host & Microbe, was conducted by researchers and scientists from Canada’s Department of Agriculture, Food & Nutritional Science; Ireland’s University of College Cork Centre for Vitamin D and Nutrition Research; and the APC Microbiome Ireland. It discusses “contemporary nutritional recommendations from a microbiome science perspective, focusing on mechanistic evidence that established host-microbe interactions as mediators of the physiological effects of diet.” 

Though research on the microbiome and gut health has increased in the last decade, “there has been limited consideration of diet-microbiome-host interactions.” Researchers propose an “experimental framework that integrates the microbiome into nutrition research.”

Below are some of the challenges researchers found in creating a microbiome-focused diet.

More Fermented Food Research

Fermented foods are an excellent approach for microbiome restoration, the study notes. In individuals who have a diet rich in fermented foods, the organisms from the fermented foods are well-represented in their microbiota.

But more research is needed on fermented foods – especially non-dairy ones. Published studies link fermented foods to more favorable gastrointestinal health, lower risk of type 2 diabetes and cancer, increased microbiome diversity and weight management.

“Evidence from random control trials is extremely sparse, and fermented foods are just beginning to be recommended in dietary guidelines,” the study notes.

Lacking Dietary Guidelines

The study details different countries’ food recommendations and healthy eating guidelines in relation to the gut microbiome. Interestingly, though the regions have diverse food cultures, similarities were found: vegetables, fruit and grains should make up half a diet; whole grains should be prioritized over refined grains; animal protein and plant-based proteins should be consumed in small portions; foods high in sugar, salt and saturated fat should be limited or avoided.

But only one country – South Africa – mentions the gut microbiome.

Personalized Nutrition

Still, dietary guidelines are not a one-size-fits-all approach. There’s a greater need for personalized nutrition (also referred to as precision nutrition) because the gut microbiota is highly individualized. National dietary guidelines currently do not consider personalized nutrition.

As technology improves and microbiome sequencing increases, it’s possible a smart phone app could help the public monitor their diets, with recommendations personalized to their needs.

“Precision-nutrition approaches will depend on continued collaboration between nutrition and microbiome disciplines, and their population-wide implementation will require significant additional input from regulatory bodies, professional societies, and policymakers,” the study says.

Unknowns of Fermented Plant-Based Protein

There are “promising findings” regarding plant-based proteins’ interaction with the microbiome. Because these products are less digestible than animal-based proteins, they produce beneficial metabolites in the gut. However, the study points out more research is needed into these fermented alternative proteins that are fueling current innovation in alt meats. 

Ancestral vs. Industrialized Diets

Modern diets – also known as industrialized diets – are far from those of our hunter-gatherer ancestors. Ancestral diets included more plants, higher dietary fiber and fewer refined carbs and sugar. The chronic disease epidemic, researchers note, can be attributed to modern diets being “evolutionarily mismatched with human physiology.” 

“Evolutionary considerations also lay the foundation for microbiome restoration strategies,” the study continues. “Although it will likely be impossible, and perhaps not advisable, to return microbiomes to their ancestral states, there is heightened interest in the development of microbiome restoration strategies that re-establish health-related functional characteristics.

The FDA has issued a response – or non-response – to concerns from the International Dairy Foods Association (IDFA). 

Last July, the FDA issued a federal, legal definition of yogurt. The new rule upset the IDFA. The association, which represents the nation’s dairy industry, said the FDA’s rule is so outdated and out-of-touch with yogurt makers that popular products could be removed from grocery store shelves. The IDFA objected to the FDA’s rule and submitted an appeal in July 2021 to modernize the yogurt standard of identity (SOI). In December, after not receiving a response, IDFA sent a letter to the FDA commissioner, reiterating the request.

FDA recently issued a “notice of stay” to the IDFA, effectively telling them to keep waiting for a final ruling.

“Yogurt makers have been waiting 40 years for the FDA to update and modernize the yogurt standard of identity,” said Michael Dykes, president and CEO of the IDFA. “Today, the FDA issued a notice telling us to keep waiting — and threw in a whole lot of uncertainty, to boot.”

Adds an IDFA press release: “While a stay is helpful at this stage, IDFA’s efforts to reform the yogurt SOI will continue into an inexplicable fifth decade.”

The FDA first issued a definition of yogurt in 1981. The IDFA has requested a modernized version for decades. 

“IDFA remains deeply disappointed in the FDA process that led to the yogurt SOI final rule,” Dykes continues. “After 40 years since FDA first issued standards for yogurt, IDFA and our yogurt members are back to where we started several decades ago, beseeching the FDA to work with yogurt makers to make commonsense updates to a category that has been waiting more than four decades for modernization. Without standards that have been modernized, manufacturers are unable to meet consumer demands for innovative and nutritious yogurt products. With many significant provisions stayed, IDFA will continue to work on the yogurt SOI with an aim to ensure FDA continues to move forward in responding appropriately to IDFA’s objections in a timely manner.”

Read more (IDFA)

Adding fermented pickles to sour cream increases the health benefits of the cream, lowering cholesterol and increasing antioxidant properties, according to new research. 

Scientists from the Poznań University of Life Sciences in Poland based their research on the French paradox, “the observation that… reduced heart disease is associated with a diet high in saturated fat and cholesterol.” They picked sour cream because of its high levels of saturated fat and cholesterol.

“The results also show that the health-promoting potential of sour cream is enhanced by the presence of metabolically active LAB,” continues the study, published in the Journal of Dairy Science

The scientists note future work will revolve around characterizing the properties of specific lactic acid bacteria produced by spontaneous fermentation.

Read more (Medical and Life Sciences)

Fermented Dairy Improves Memory

A new study found fermented dairy products reduce memory loss. The study, published in Nutritional Neurosciences, confirms there is a connection between the gut microbiome and the nervous system, known as the gut-brain axis 

The adults in the test regularly consumed a dairy-based fermented drink, containing 25-30 billion colony forming units (CFUs). Drinking fermented dairy — like yogurt, kefir or fermented whey — “increased the presence of certain microorganisms in the gut and improved relational memory in healthy adults.”

Read more (Nutritional Neurosciences)

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.

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.