Thousands of new state laws were passed across America this year, and dozens affect fermentation businesses — small and large — as well as home fermenters.
Government agencies are loosening some strict health code and alcohol regulations, laws that made running an artisanal business difficult. There are also new opportunities being created that allow craft breweries to expand their operations, such as entertainment districts where beer can be sold and enjoyed legally.
Read on for the breakdown of 2019 food laws passed in each state
SB16 — Expands state alcohol licenses to include recreational areas. After the Alaska Alcoholic Beverage Control Board began cracking down on alcohol licenses in 2017, several recreational sites were denied licenses to sell alcohol. The bill, known as “Save the Alaska State Fair Act,” now expands license types to the state fair, ski areas, bowling alleys and tourist operations.
HB2178 — Removes red tape for small ice cream stores and other milk product businesses to manufacture and sell dairy products. The bill, called the “Ice Cream Freedom Act,” allows smaller mom and pop businesses to make milk-based products without complying with state regulations designed for large dairy manufacturers.
HB1407 — Prohibits false labeling on agricultural products edible by humans. That includes misleading labels, like labeling agricultural products as a different kind of food or omitting required label information.
HB1556 — Ends the “undisclosed and ongoing investigations” of the Alcoholic Beverage Control Board, the Alcoholic Beverage Control Division, and the Alcoholic Beverage Enforcement Division.
HB1590 — Limits the number off-premise sales of wine and liquor in the state to one permit for every 7,500 residents in the county or subdivision. Small farm wines are the exception to the new law.
HB1852 — Allows a microbrewery to operate in a dry county as a private club, without approval from the local governing body.
HB1853 — Amends the Local Food, Farms, and Jobs Acts to increase the amount of local farm and food products purchased by government agencies (like state parks and schools).
SB348 — Establishes a Hard Cider Manufacturing Permit. Cider brewers can apply for the annual $250 permit, authorizing the sale of hard cider. Producers may not sell more than 15,000 barrels of hard cider a year.
SB492 — Establishes temporary or permanent entertainment areas in wet counties where alcohol can be carried and consumed on the public streets and sidewalks.
AB205 — Revises the definition of beer to mean that beer may be produced using “honey, fruit, fruit juice, fruit concentrate, herbs, spices, and other food materials, and adjuncts in fermentation.”
AB377 — A follow-up to the state’s landmark California Homemade Food Act in 2018, the new bill would clarify the implementation process of last year’s bill. The California Home Food Act made it legal for home cooks to operate home-based food production facilities. The law, though, was only enacted if a county’s board of supervisors voted to opt-in to offer the permits. Only one county in California has opted in (Riverside). County health officials are avoiding singing on the bill because of potential food safety risks.
AB619 — Permits temporary food vendors at events to serve customers in reusable containers rather than disposable servingware. The “Bring Your Own Bill” also clarifies existing health code, allowing customers to bring their own reusable containers to restaurants for take-out.
AB792 — Establishes a minimum level of recycled content (50%) in plastic beverage bottles by 2035. The world’s strongest recycling requirement, the law would help reduce litter and boost demand for manufacturers to use recycled plastic materials.
AB1532 — Adds instructions on the elements of major food allergens and safe handling food practices to all food handler training courses.
HB5004 — Raises minimum wage to $15 by 2023.
HB6249 — Charges 10 cents for single-use plastic bags by 2021.
HB7424 — Raises sales tax from 6.35% to 7.35% for restaurant meals and prepared foods sold elsewhere, like in a grocery store. Also repeals the $250 biennial business entity tax.
HB130 — Bans single-use plastic bags by 2021.
SB105 — Raises minimum wage to $15 by 2024.
HB125 — Facilitates growth and expansion of craft alcoholic beverage companies, raising amount of manufactured beer to 6 million barrels.
SB82 — Prohibits a municipality from regulating vegetable gardens on residential properties.
HB134 — Regulates where beer and wine can be served, now including public plazas.
HB151 — Charges licensing fees for temporary food establishments based on the number of days open. Fees will gradually increase through 2022.
HB3018 — Amends Food Handling Regulation Enforcement Act, requiring a restaurant prominently display signage indicating a guest’s food allergies must be communicated to the restaurant.
HB3440 — Allows customers to provide their own take-home containers when purchasing bulk items from grocery stores and other retailers.
HB2675 — An update to state liquor laws, the bill removes hurdles for craft distilleries to operate. Craft distilleries would be allowed to more widely distribute their products themselves, rather than distributing under the state’s three-tier liquor distribution system that separates producers, distributors and retailers.
SB1240 — Imposes a 7 cent tax on each plastic bag at checkout, with 2 cents staying with the retailers. The remaining 5 cents per bag would fix a statewide budget deficit.
HB1518 — Creates a special alcohol permit for the Bottleworks District. The $300 million, 12-acre urban mixed-use development in the Coca-Cola building will serve as a culinary and entertainment hub in downtown Indianapolis.
SF618 — Increases the limit on alcohol in beer from 5% to 6.25%.
SF323 — Canned cocktail and premixed drinks served in a metal can, up to 14% alcohol by volume, will now be regulated like beer.
HB311 — Requires proper labeling of cell-cultured meat products that are lab produced.
HB468 — Expands defined items permitted for sale by home-based processors.
HR251 — Designates week of September 23-29 as Louisiana Craft Brewer Week.
SB152 — Establishes definition for agriculture products. Prohibits anyone from mislabeling a meat edible to humans.
SR20 — Designates week of September 3-9th as Louisiana Craft Spirits Week.
LD289 — Prohibits stores from selling or distributing any disposable food containers that are made entirely or partially of polystyrene foam (Styrofoam).
LD454 — Provides funding and staffing needed to give local students and nutrition directors the resources needed to purchase and serve locally grown foods.
LD1433 — Bans two toxic, industrial chemicals (phthalates and PFAS) from food packaging. Maine becomes first state in the nation to ban the two chemicals.
LD1532 — Bans all single-use plastic bags in the state. Law will be enacted by April 2020, at which time shoppers can pay 5 cents for a plastic bag. Maine is the fourth state to pass a ban, joining California, New York and Hawaii.
LD1761 — Increases amount of barrels craft beer and hard cider manufacturers can produce in a year. The cap increased from 50,000 gallons to 930,000 gallons (approximately 30,000) barrels. The law also makes it easier for a small brewery to get out of a contract with a large distributor.
SB596 — Defined mead as a beer for tax purposes.
HB1010 — Updates state beer laws by increasing taproom sales, production capabilities, self-distribution limits and hours of operation. Known as the Brewery Modernization Act, the law is aimed to create jobs and increase economic impact.
HB1080 — No restrictive franchise law provisions for brewers that produce 20,000 barrels a year or less.
HB1301 — Sales tax will be collected on Maryland buyers from online sellers, helping small businesses compete with online retailers.
HB4111 — Raises minimum wage by 75 cents a year until it reaches $15 in 2023.
HB4959 — Gives state Liquor Control Commission the power to seize beer, wine, mixed spirit and mixed wine drinks, in order to inspect for compliance with the state’s extraordinarily detailed and complex “liquor control” regulatory and license regime. Bill also repeals a one-year residency requirement imposed on applicants for a liquor wholesaler license, after the U.S. Supreme Court invalidated a similar Tennessee law as a violation of the U.S. Constitution’s commerce clause.
HB4961 — Prohibit licensed liquor manufacturers from requiring licensed wholesalers to give the manufacturer records related to the distribution of different brands, employee compensation or business operations that are not directly related to the distribution of the maker’s brands.
SB0320 — Eliminates mandate that businesses with a liquor license must post a regulatory compliance bond with the state.
HF1733 — Updates the state’s omnibus agriculture policy law, including: create a custom-exempt food handlers license for those handling products not for sale; extend the state’s Organic Advisory Task Force by five years; allow the agriculture department to waive farm milk storage limits is the case of hardship, emergency, or natural disaster, and modify milk/dairy labelling requirements; modify labelling for cheese made with unpasteurized milk; expand the agriculture department’s power to restrict food movement after an emergency declaration; modify eligibility and educational requirements for beginning farmer loans and tax credits.
SB2922 — Prohibits labeling non-meat products as meat, like animal cultures, plants and insects.
HB84 — Changes tax on wine to 27 cents per liter, and a tax on hard cider at 3.7 cents per liter.
SB358 — Raises alcohol license fee for resorts from $20,000 to $100,000 each.
LR13 — Establish and enforce definitions for plant-based milk and dairy. Proper product labeling would be enforced for milk and dairy food products that are “truthful, not misleading, and sufficient to different non-dairy derived beverages and food products.”
SB345 — Authorizing pubs and certain wineries to transfer certain malt beverages and wine in bulk to an estate distillery; authorizing a wholesale dealer of liquor to make such a transfer; authorizing an estate distillery to receive malt beverages and wine in bulk for the purpose of distillation and blending; revising when certain spirits that are received or transferred in bulk are subject to taxation.
HB598 — Establish a commission to study beer, wine, and liquor tourism in New Hampshire. The commission will specifically develop a plan for tourism, including establishing tourist liquor trails with signage along the highway, suggest changes to liquor laws that would enhance tourist experiences at state wineries, breweries and liquor manufacturers and suggest how to allow a “farm to table” dinner featuring New Hampshire produced food items and local alcoholic beverages.
HB642 — Defining ciders with alcohol content greater than 6% (but no more than 12%) as specialty beers.
A15 — Raises the state minimum wage to $15 an hour by 2024, raising in $1 increments every year.
SB1057 — Establishes a loan program for capital expenses for vineyards and wineries in New Jersey.
SB149 — Change name of Alcohol and Gaming commission to Alcoholic Beverage Control Division.
SB413 — Allows breweries to: sell beer at 11 a.m. on Sundays; have private celebration permits for events like weddings and graduation parties; no minimum standards (50 barrels a year or 50 percent of all sales coming from beer brewed on site) for businesses to hold a small brewer license; eliminate excise tax, with breweries paying $.08 per gallon on the first 30,000 barrels produced.
AB6019 — Encourage expansion of fresh fruits and vegetables in community gardens.
AB 8419 — Enacts the farm laborers fair labor practices act, granting collective bargaining rights, workers’ compensation and unemployment benefits to farm laborers
SB578 — New option for any brewer or distiller to file their taxes electronically.
SB1263 — Allows mead (honey-based wine) and braggot brewers to apply for a state farm meadery license. Similar to a farm winery, brewery, distillery and hard cider license, the law recognizes the boom in the craft beverage industry in the state. As a licensed meadery, mead-makers who use 100% New York honey will quality for additional benefits: offer onsite tastings, sell products by glass in their tasting rooms, sell takeout packages, offer other New York farm-produced beer, wine, cider and spirits.
SB3281 — Amends current Alcoholic Beverage Control law, authorizing the sale of cider, mead, braggot and wine at games of chance.
SB4812 — Amend current Alcoholic Beverage Control law, permitting New York State Fair concessionaires to issue a temporary State Liquor license to sell alcoholic beverages on the state fairgrounds.
SB5675 — Amend current Alcoholic Beverage Control law, authorizing issue of liquor license to a business located within 200 feet of a religious institution in multiple counties.
HB363 — Adds a third tier to the craft beer system — mid-level brewers. Now brewers can self-distribute 50,000 barrels of product. Called North Carolina’s Craft Beer Distribution & Modernization Act, the law also expands liquor licensing to college-level NCAA events, where drinking is currently unregulated. Currently, the law only applies to beer and wine.
HB1190 — Amend code to allow a winery to be issued a license without the previous requirements for how much wine is allowed to be produced in a year.
HB2079 — Amends code regarding pasteurized milk, authorizing a state milk sanitation rating and sampling surveillance officer for the rating and certification of milk and dairy products.
SB2343 — Adds microbrew pub as an official brewer licensee under city code. A microbrew pub may manufacture on the licensed premises, store, transport, sell to wholesale malt beverage licensees, and export no more than 10,000 barrels of malt beverages annually; sell malt beverages manufactured on the licensed premises; and sell alcoholic beverages regardless of source to consumers for consumption on the microbrew pub’s licensed premises. A microbrew pub may not engage in any wholesaling activities.
SB544 — Requires limits on licensing fees for businesses who only sell at farmers markets.
SB608 — Requires manufacturers of the top 25 wine and spirit brands to sell their products to any state-licensed wholesaler. The law requires equal sales of the top brands, potentially creating a competitive market. The matter is currently being heard by the Supreme Court, as some businesses believe this eliminates a free market.
HB3239 — Removes the limit of how many on-premises sales licenses that a distillery can have.
SB247 — Adds containers for kombucha and hard seltzer to the types of beverage containers covered by Oregon’s Bottle Bill. The Bottle Bill establishes laws that require stores and distributors to accept certain empty beverage containers and pay a 10-cent refund value for each container.
HB947 — Amends the Liquor Code established in 1951, to provide further definitions for licenses and regulations for liquor, alcohol and malt and brewed beverages.
SB620 — Increases the amount of malt beverages that could be sold on premises at a craft brewery.
SB68 — Prohibits labeling cell-cultured protein as meat.
SB124 — Allows a retailer, carrying their own merchandise purchased from a wholesaler, to transport alcoholic beverages to the retailer’s licensed business.
SB358 — Requiring unpasteurized butter sold to the public must bear a warning on the package label. The warning was approved by the legislature and added to state code.
SB 1082 — Allows premises authorized to serve wine to also serve high alcohol content beer. Requires training for applicants for server permits, consisting of no less than 3.5 hours of alcohol awareness training. Clarifies premises authorized to sell alcoholic beverages to include tables and chairs outside the front wall of the licensee’s building.
HB1545 — Allows craft breweries to sell beer to-go in Texas. Though wineries have been able to sell to customers for years, breweries have been unable because of alcohol beverage code written in 1935.
HB4542 — Adds brewpub to local tax code for businesses involved in manufacturing and distribution of alcoholic beverages.
SB572 — Expands state cottage food law to include opportunities for people to make low-risk products in home kitchens and sell them to consumers. Cottage food products now include fermented products, pickled vegetables, acidified canned goods and frozen fruits and vegetables.
HB33 — Defines the term “produce” as a food that is: fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any seed source, peanut tree nut, or herb and a raw agricultural commodity. Known as the Utah Wholesome Food Act, the law also expands the definition of “food establishment” to include farms.
HB453 — Defines specific business that can have a recreational beer license, specifically banning karaoke bars and ax-throwing businesses from getting a license.
SB132 — Drops 3.2% beer in favor of 4% brew, allowing the stronger beers to be sold in grocery and convenience stores. Stronger beers would still be sold in liquor stores operated by the Utah Department of Alcoholic Beverage Control.
SB113 — Bans single-use plastic bags on July 1, 2020 and requires a fee of at least 10 cents for paper bags. Bans polystyrene foam contains, plastic stirrers and plastic straws.
HB1960 — Allows distillers to product and market low alcohol volume products.
HB2634 — Makes every “dry” county in the state a “wet” county. Allows sale of mixed beverages by licensed restaurants (and the Board of Directors of the Virginia Alcoholic Beverage Control Authority) by any municipality. If the county, town or district holds a referendum and the majority vote prohibits alcohol sales, then alcohol sales are banned in that jurisdiction.
Health and wellness professionals are recommending food and drink to aid chronic health conditions with a centuries-old cooking legacy – fermented dairy.
“Fermentation is back. In fact, we have over 10,000 years of fermentation history and we aren’t done because, right now, it is a hot culinary and nutrition topic,” said Andrew Dole, chef, dietitian and owner of BodyFuelSPN. “Today, fermented foods have found a resurging popularity. The combination is based in the unique taste profile, the artisan aura, and the health benefits that have secured fermented foods in the top spots with trend spotters.”
Dole spoke at the “Get Cultured on Fermented Dairy Foods” webinar with National Dairy Council representatives Sally Cummins and Chris Cifelli. Using independent, clinical studies, the trio highlighted how fermented dairy – especially dairy with the “nutrition powerhouse” of milk – can boost gut health, decrease inflammation and reduce the risk of Type 2 diabetes and cardiovascular disease.
Fermented Food Just as Important as Fiber
Fiber is the shining star of the health world to aid the complex gut microbiome, but fermented food and drink are equally as important said Cifelli, PhD, vice president of Nutrition Research for the National Dairy Council.
“When we think about food, we think about fiber and we know the benefits of fiber in terms of helping our microbiota, but we also don’t think about getting those live and active cultures the same way and we really should,” he said.
The microorganisms that come from fermented foods are just as critical as fiber. He pointed out the Live & Active Culture seal as an important indicator of how to find dairy products with good bacteria. That seal – a voluntary seal by the National Yogurt Association – identifies a yogurt product that contains at least 10 million cultures per gram at the time of manufacturing. Some yogurt brands are heat treated after fermentation, killing any good bacteria. The seal is “the industry validation of the presence and activity of significant levels of live cultures,” according to the National Yogurt Association.
Fermented Dairy as Preventative Food
The human digestive tract contains 100 trillion bacterial cells. But modern practices like sanitation, antibiotics, processed food, c-section births and baby formula use have altered microbiota composition. Cifelli said scientists still don’t understand whether disease is a cause or consequence of an imbalance of good and bad bacteria (known as dysbiosis).
Fermented dairy foods, though, are linked to numerous positive health benefits. As plant-based milk products become increasingly popular, Cifelli noted the research all studied dairy milk products. He called milk “a foundational ingredient in all fermented dairy.” The essential nutrients in milk give it a unique health profile, the reason the Dietary Guidelines for Americans recommend three daily servings of dairy food.
Diabetes and cardiovascular disease – two of the major disease plaguing Americans today – both have beneficial health outcomes when a patient consumes fermented dairy products.
- American Journal of Clinical Nutrition: Consuming more dairy products reduces risk for Type 2 Diabetes by 7%. Eating 80 grams of yogurt daily compared to 0 grams of yogurt daily reduces risk for Type 2 Diabetes by 14%.
- PLOS One (Public Library of Science): Eating 30 grams of cheese daily and 50 grams of yogurt daily reduces risk of Type 2 Diabetes by 6%.
- BMC Medicine: One serving of yogurt a day is associated with a 17% reduced risk for Type 2 Diabetes.
- American Journal of Clinical Nutrition: A high daily intake of regular-fat cheese for 12 weeks did not alter LDL cholesterol levels of metabolic syndrome, both risk marks of cardiovascular disease risk.
- European Journal of Clinical Nutrition: Cheese consumption reduces the risk of: cardiovascular disease by 10%, coronary heart disease by 14% and stroke by 10%.
- Journal of Hypertension: Higher total dairy intake (3-6 servings a day), especially in the form of yogurt (at least 5 servings a week), associated with a lower risk of incidence of high blood pressure in middle-aged and older adult men and women.
- American Journal of Hypertension: Hypertensive men and women who consumed 2 servings per week of yogurt, especially while eating a healthy diet, were at a lower risk for developing cardiovascular disease.
Cifelli called the studies “significant. He added: “there’s been a huge body of evidence looking at dairy guidelines and (diabetes and cardiovascular disease) risk. … We’re really scratching the surface of what (fermented foods) means for health in the long run.”
Incorporating Fermented Foods
Dole, a chef, said you’re “bringing science to the table when it comes to fermented dairy foods.” Fermented foods enhance food by providing an increased concentration of vitamins, adding delicious flavor and increased texture. He shared multiple recipes using yogurt. Yogurt can be used for dip, spread, sauces, dressings, soups and marinade.
“Yogurt is a culinary powerhouse, from a chef’s perspective. We’re always looking for what has the most bang for its buck in versatility, and yogurt is ready-made everything,” he said.
“The (yogurt) fermentation process from a culinary perspective that creates that lactic acid, it works to tenderize meat. Indians have used it in their tandoor for a really long time. Another reason, the sugar caramelizes…and it completely changes the flavor profile and the color. And we get the unique taste of that yogurt tang, it imparts a different balance and depth, which is something home cooks can struggle to get.”
The New York Times asks: are there benefits to drinking kombucha? The article explores hard kombucha and the health claims of drinking the fermented tea. “But for those interested in integrating a variety of microbes into their diet, Dr. Emeran Mayer, author of ‘The Mind-Gut Connection,’ recommends doing so naturally. ‘I personally drink it occasionally,’ he said. Instead of using pills or supplements, he said, alternate different fermented foods, including sauerkraut, kimchi, cultured milk products, and, yes, kombucha.
Read more (New York Times)
Raw, clean ingredient pet food is the fastest growing part of the pet food category. More pet food brands are inventing ways to feed their pets unprocessed, organic ingredients. A new article highlights Answer Pet Food, the first (and so far only) fermented raw pet food supplier. Answers Pet Food utilized kombucha, raw cultured whey, cultured raw goat’s milk and kefir in their pet food products. Their products include fermented chicken feet and fermented pig feet. Answers Pet Food says: “Fermentation is the most natural and effective way for us to make our products as safe and healthy as possible. … Our raw fermented pet foods are formulated to create a healthy gut. Fermentation supports healthy immune function by increasing the B-vitamins, digestive enzymes, antioxidants, and lactic acid that fight off harmful bacteria. It’s also the ultimate source of probiotics.”
Read more (Pet Product News)
Should a fermented food process need a patent? PepsiCo has filed a patent to ferment oat flour and dairy milk together. PepsiCo-owned Quaker Oats is creating a “spoonable or drinkable” clean-label product comparable to yogurt. The process involves co-fermenting a grain, dairy and a set of metabolites. This patent is unique because, while there are existing food products that combine unfermented and fermented dairy and grains, none co-ferment grain and dairy at the same time. In their application, PepsiCo notes that consumers are increasingly consuming fermented food products for health benefits.
Read more (World Intellectual Property Organization)
Starbucks Japan has a new drink: Lemon Yogurt Fermented Frappuccino. The inventive flavor contains three different fermented ingredients – can you guess what they are? Yogurt, cheese and amazake, a fermented rice drink. The yogurt is in the drink’s base, the cheese is in the shortbread topping and the amazake is in the lemon curd sauce. Writes Japan Today: “Fermenting is a process which has deep roots all over Japan, and Starbucks hopes this beverage can act as a little tribute to that tradition.”
Read more (Japan Today)
Consumers are in favor of allowing plant-based food to use traditional dairy terms on their labels — but dairy farmers are strongly opposed to it. Last year, the U.S. FDA issued a public comment period to examine if plant-based foods and beverages should use the traditional dairy names: milk, cheese and yogurt. The results are out. Of those comments, 76 percent were in favor of using dairy terms on plant-based products, 13.5 percent were against and the remaining 10.5 percent were inconclusive. Of the commenters that identified themselves as dairy farmers, nearly all were opposed. Dairy farmers are concerned consumers will believe plant-based foods are nutritionally similar to cow’s milk (94 percent) and that consumers are being misled with a dairy term on a plant-based item (91 percent).
Read more (Linkage Research)
Ever wondered how the government defines “healthy” on American food labels? The FDA is taking comments until today on their nutrition innovation strategy. The FDA plans to modernize what goes on an American food label, like should plant-based dairy alternatives be called milk? And how should new food technology that reduces sodium or fat content be labeled?
Read more (FDA) (Photo: Foodies Feed)