Three years ago, industry experts predicted a mass retail apocalypse. Consumers were expected to order everything online, abandoning physical stores for websites. The stress of Covid-19 accelerated the trend, shuttering many retailers for good. But one retail category unexpectedly thrived in the pandemic: grocery stores.

“In this environment that should have killed the grocery store in many cases, not only did it not kill it, it strengthened it,” says Ethan Chernofsky, vice president of marketing at Placer.ai, a tech company that tracks and analyzes foot traffic for retailers. “People love grocery shopping and they very often prefer the visit to the store.”

“There’s a love affair with grocery stores,” says Christine LaFave Grace, executive editor of Winsight Grocery Business, a trade publication for the grocery industry..

In the midst of another wave of Covid cases, the war in Ukraine and rising costs due to inflation, “there’s a really continued, sustainable opportunity for the grocery space,” Chernofsky says. Though consumers’ dollar spend at grocery stores has far exceeded industry estimates, the industry needs to adapt to a changing customer. 

Chernofsky and Grace shared their views on the marketplace in Winsight’s webinar “2022 Grocery Deep Dive: What’s Changed and Who’s Thriving.” 

Regional Shifts

During the pandemic, many consumers – especially young families – left city centers for the suburbs.The suburban grocery shopping experience is new and different for former city  dwellers – stores are bigger, selection is greater and the shopper’s pantry space  at home is typically much larger. 

“A lot of these changes really demand that grocers on a regional and a location-based level to say: ‘What’s changed in our specific area? Where does it provide us with opportunity? Where does it provide us with risks?’” he adds. These are not huge overhauls like moving stores, but minor adapting moves “to better align myself with where the opportunities are.”

For example, coffee shops are one of the strongest performing sectors within the food industry. Grocery stores with on-site coffee bars and an in-house bakery create a similar experience for their shoppers. Selecting merchandise tailored for a local audience also creates a differentiated shopping experience.

“Grocery stores are hitting a whole other level of potential that wasn’t possible a few years ago,” Chernofsky says. “It’s a fundamental shift in what we expect from these areas.”

Recession-Proof

Grocery stores have shown their staying power  during economic downturns, since they sell essential products. As America braces for another recession – 68% of CEOs in a recent survey feel one is imminent –  buying patterns in groceries are likely  to change but not decrease.

“Difficult economic environments [do] not mean everything comes to standstill,” Chernofsky says. People may not have as much money to spend at the grocery store, but they’re still spending.

For example, if restaurant spending drops  – as it typically does in a recession –  grocery stores can offer consumers the eating-out experience by selling DIY meal kits and grab-and-go meals.

“Everything we’re seeing to this point is showing us demand has been incredibly resilient,” Chernofsky  says. “The retailer has to continue to evolve and push to innovate.”

Chef Andrew Wong created the first Michelin two-star Chinese restaurant outside Asia. His London-based A Wong is an homage to China’s 3,000-year culinary history and a contemporary spin on the country’s regional cuisine. 

Fermented wild sea bass and fermented coconut are part of the “Taste of China” dinner menu. A popular dish called “Why the Buddha Didn’t Jump Over the Wall” is barbecued sweet potato covered in a fermented, salted black-bean relish. It’s no surprise Wong’s favorite ingredient is fermented bean curd. He says the tofu, soaked in salt and chili, is as close to cheese as you can get in China. It’s eaten with congee and used as a condiment.

“It’s very salty; umami in its purest form,” Wong says. “I use it a lot in my cooking, especially in vegetarian dishes where we can’t use oyster sauce. We cook it out with some stock, ginger, garlic, and make a sauce. The combination of vegetables, garlic, chili and fermented bean curd creates a really deep meaty flavor.”

He advises chefs to use it like a stock cube, because it’s soft and will coat the mouth in umami flavor.

Read more (Guardian)

David Zilber says the potential for fermented food is endless. “There isn’t any sort of food that doesn’t benefit from some aspect of fermentation,” he said. “There’s really no limitation to its application.”

Zilber, the former head of the Noma fermentation lab, co-authored “The Noma Guide to Fermentation” with Noma founder Rene Redzepi. In the fall of 2020, Zilber surprised the food world when he left his job at Noma to join Chr. Hansen, a global supplier of bioscience ingredients.

He shared his insight on fermentation on The Food Institute Podcast. An Oxford study found over 30% of the world’s food has been touched by microbes. Zilber, a microbe champion, says one of the best parts of fermenting with plant-based ingredients is the microbes don’t need to change.

“We do need to find ways to adapt them to new sources, but there will always be a place within the pie chart of what humans are eating on earth for fermentation,” he says.

Part of Zilber’s work at Chr. Hansen is in the plant-based protein alternative segment, fermenting plant ingredients to “bring this other set of characteristics” to a new food item. He advises fermenters using plant-based ingredients to make their ingredient list concise and pronounceable to consumers. 

“I am a huge proponent for formulating recipes from whole ingredients,” Zilber says. “Keeping the ingredient list short and concise and using natural processes to achieve flavor or textual properties … because it is the healthiest way to eat.”

Across the spectrum of fermentation, he feels fermented beverages is the category where he sees the greatest opportunity.

Read more (The Food Institute)

Expect more changes to fine dining as the restaurant industry grapples with Covid-19 changes, casual eateries adapt more fine dining techniques and the war in Ukraine continues to affect the world economy.

“Everyday restaurants have become so amazing. It’s not like it used to be, you used to go to the best restaurant to get the most tender piece of meat and the perfect ice cream,” says Rene Redzepi. He is the founder of Noma, the Michelin three-star restaurant in Copenhagen lauded as one of the top in the world. “You can find typical luxury ingredients like caviar and wagyu in airports. The quality of cooking now is so high.”

Redzepi spoke at Madrid Fusión, one of the largest and oldest international gastronomy conventions. Andoni Luis Aduriz, chef and owner of the renowned Spanish  restaurant Mugaritz, spoke with Redzepi.

Redzepi says there’s been a “flavor spread” or “quality spread” of gastronomy techniques. He points to espumas, the Spanish term for culinary foaming. – now used on every continent, in every level of restaurant. A gourmet dish may come from the neighborhood brasserie, a tapas bar or even a food truck. It’s “dramatically changed” the restaurant industry, he notes.

“That’s because people don’t understand the influence and the philosophies that [are] now completely naturalized in every corner of gastronomy,” he says.  Techniques once used only in premier establishments have become part of cooking DNA. “I hope fermentation will be that because I genuinely believe in the power of that.”

When Noma opened in November 2003, Redzepi promised Nordic cuisine made with local produce. But it was winter and freezing, making sourcing food a challenge, “so I stepped into the wilderness to find flavors.” 

He also realized Noma needed to conserve summer produce for the long winter. 

“We started to use pickling, fermentation, drying, smoking. Twenty years later, we have this bank of knowledge,” he said. “Before, we used to try 20,000 different fermentation techniques, now we are trying one at a time, with the whole team, like we are doing with lacto-fermentation.”

Fermentation drives an enormous amount of innovation at Noma. Redzepi told the Madrid Fusion audience that the restaurant industry is one of the most difficult to work in, so innovation and experience are what drive profitability.

“That’s what makes it special, putting together a team, while constantly looking for the ‘next big thing,’” he says. “That’s where the challenge is; pushing yourself outside of your comfort zone, until you have no clue what you’re doing, but as a group, you draw on your experiences, you trust each other, and you dare to move onwards.” 

Redzepi praised the current state of Spain’s cuisine, saying “the Spanish influence is a natural part of any fine dining kitchen in the Western world.”When he was starting out in the 90s, French food was the only focus for chefs. “You were going to cook French food in Denmark, that’s what I always thought to myself.” But when he took a job cooking in Spain for a season, “it was like everything that you had been taught before, all your rules that you knew, were sort of thrown away and you could build and dream in a different way. “[Spanish cuisine] has given me the very seed of everything that’s become Noma.”

Paste Magazine highlights the fermentation philosophy of Chef David Porras, who operates the Oak Hill Café and Farm. The hyper-local site, a 2020 James Beard semi-finalist for Best New Restaurant, operates in Greenville, South Carolina, on a 2.4-acre farm. 

Porras’ kitchen, according to the magazine, “looks like an alchemist’s workroom, jars and tubs of experimental pickling, emulsions and infusions dotting the counter.” 

“I was always interested in learning about fermentation. Fermentation is a flavor — you can use it for cooking just like lime or lemon juice,” he said.

The restaurant’s menu reflects a true farm-to-table approach. They use permaculture (sustainable agriculture planning to mimic nature) to keep the farm at peak fertility to grow healthy produce. By fermenting instead of trashing unused food, they’ve reduced 50% of their food waste.

“We try to be zero waste by applying fermentation techniques as well as drying, infusion, teas, powders and compost tea,” he said.

Read more (Paste Magazine)

Big food companies are “eager to tap into the magic of fermentation,” says chef David Zilber. They’re hungry to hire culinary  experts who can use fermentation to enhance existing products or mold the flavor profiles of new ones.

“These big companies are all waking up to the trend of fermentation and it is on us, on anyone who understands this craft intimately, to be the ones to engage them and guide them towards better solutions,” Zilber said at KojiCon. Fermenters could go the traditional route and open a local  shop to feed a small number of people. But “there’s also a lot to be said for working within an existing system and fermenting the change you want to eat in the world. The biggest food producers in the world are responsible for nourishing most of mankind.”

The former head of the Noma fermentation lab, Zilber co-authored The Noma Guide to Fermentation with Noma’s founder Rene Redzepi. In the fall of 2020, Zilber surprised the food world when he left his job at Noma to join Chr. Hansen, a global supplier of bioscience ingredients.

Zilber said he understands the push-and-pull between working in traditional fermentation vs. large-scale food production. Though he cherished his time at Noma, he realized fine dining is “a minuscule fraction of the amount of food people eat” and, if he wanted to influence any big change in the food industry, he needed to move away from restaurants. He compared it to being “the punk rocker that rails against the system” when instead “subverting it from the inside is an amazing way to effect change extremely quickly.”

“When you learn to speak bacteria or when you learn to speak fungus, the hardcore food scientists don’t have this intuition,” he continues. “They grow these things in petri dishes and with colony pickers in €20,000  machines. It’s not the same thing, and we are a little bit at a watershed moment where there is enough community knowledge…that we can start to broach these players and try and change it.”

Streaming into KojiCon from his state-of-the-art kitchen at Chr. Hansen’s Copenhagen headquarters, Zilber shared his latest project: a tomato sauce for a client, improved through fermentation. In his kitchen, he works with chefs and food companies to use fermentation to develop healthier and more sustainable products. Holding up a sample of tomato sauce to the KojiCon attendees, Zilber shared how he was able to amplify the flavor profile of the canned tomato sauce using fermentation. He eliminated added white sugar and created a flavor with hints of parmesan cheese. 

“We haven’t added anything but a culture onto it,” he said. “At the end of the day, should this tomato sauce go into production, millions of people overnight will be eating a tastier, probiotic (filled), more nutritious food on their pasta. And I never had to teach them how to lacto-ferment a single thing.”

Chr. Hansen is building one of the largest collections of cultures in the world, currently totalling 40,000 specimens. Zilber describes it as a seed bank, “the Noah’s Ark of Life for microbial diversity.” Chr. Hansen works with companies to select the optimal culture for their food item.

Smaller-scale producers, too, purchase cultures, often to mitigate risk. A fermentation mistake in a one-ton batch of kimchi could destroy thousands of dollars worth of product. Using a guaranteed culture strain will allow them to produce kimchi of consistent quality. But Zilber acknowledges there is no wild fermentation, no son-mat – a common phrase in Korean cooking that literally translates to “the taste of one’s hands.”

“There are aspects of the world of fermentation that are decidedly unwild, there are aspects of the world of fermentation that are nothing but wild,” he says. 

Zilber believes we’re in the era of the democratization of fermentation, where books and educational courses are teaching the public about fermentation. He mentioned the new Sex and the City reboot featured a scene where a character was angry that sourdough challah was “too hipster.”

“It’s funny that it’s permeated public consciousness that much where we can now make jokes about it in multi-million-dollar, prime-time television shows. It means that the idea of fermentation in that respect has reached fixation. The world has woken up to this.”

Noma launched their direct-to-consumer food products line in February with a smoked mushroom garum. Their vegan spin on a traditional fermented fish sauce is the first release from Noma Projects, the famed restaurant’s product line for home cooks. That garum, retailing for $24 per 250cl bottle, sold out in a day.

“At Noma they’ve turned to koji and mushrooms instead of fermented fish to create their umami-rich smoked mushroom garum. It’s not as intensely salty as some other garum-adjacent products, and the aroma and flavor reveal subtle smoke and mushrooms,” writes Florence Fabricant of The New York Times

Noma Projects — which launched last year — will include more pantry projects and community-based initiatives in the future, said René Redzepi, chef and co-owner of the Copenhagen-based restaurant. He hopes Noma Projects will him make more money. Noma has hovered around a slim 3% profit margin ever since opening 18 years ago.

Read more (The New York Times)

Canada’s Culinary Trailblazer

Briana Kim is making a name for herself in the Canadian food scene, “putting Ottawa on the map with a focus on fermentation,” writes the Ottawa Citizen. Kim, a self-taught, award-winning chef, runs Alice, a vegan restaurant in Ottawa’s Little Italy neighborhood. Her specialty is fermentation-applied, plant-based cooking. Last fall, she was invited to Eleven Madison Park in New York to share her insight with the chefs as they transitioned to a vegetarian-oriented restaurant. 

Continues the article: “It’s definitely a rarefied subject. But in the world’s top-tier kitchens, fermenting food is a red-hot trend, with plant-based cooking not far behind. At Alice, Kim’s imaginative creations such as charcoal-grilled dried maitake mushrooms and sunchokes served with a salsa of tomato and fermented green strawberries, and a sweet pea miso dipping sauce make clear that Alice’s name’s alludes to a surprising culinary wonderland.”

Alice, which opened in 2019, operates with a culinary and scientific focus.

“The innovation and the R&D have to be the No. 1 focus for us,” Kim says. “Fermentation allows us to discover how different food molecules break down and change in texture and flavors, and we are always searching for flavors we haven’t tasted before.”

The waiting room at Alice is filled with jars of Kim’s different ferments, many of which she sells under her Mad Ferments label. She utilizes locally-grown ingredients, planning the menu at Alice months in advance.. For example, she serves cauliflower, spring greens and melons in the middle of winter by fermenting them in the summer.

“Fermentation has existed for such a long time, but I think we are putting our twist on it,” Kim says.

Read more (Ottawa Citizen)

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.

Fermentation Tourism

The state of Pennsylvania has created a unique tourist experience, Pickled: A Fermented Trail. The self-guided, culinary tour showcases fermented food and drink from around the state. 

The fermented trail is broken into five regional itineraries, and includes historic businesses, artisanal food makers and large producers. Stops range from an Amish gift shop that ferments root beer to a master chocolatier, from a kombucha taproom to a fermentation-focused restaurant, and from a fourth-generation cheesemaker to a convenience store that makes its own pickles, sauerkraut and vinegar. Mary Miller, cultural historian and professor, spent two years designing the trail. 

“Cultured foods have been part of PA’s culinary culture since the beginning,” reads the Visit Pennsylvania Pickled: A Fermented Trail website. “Many groups that have migrated to Pennsylvania throughout history were fond of fermented foods for both health and flavor, as well as for preserving food through the winter.”

The website also features a history of fermented food and drink, both regionally and globally. It shares a brief overview of root beer, which was created in Pennsylvania as a sassafras-based, yeast-fermented root tea. And it notes that, while Germans brought sauerkraut to the state, the Chinese are believed to have been the first to ferment cabbage.

The fermented trail is one of Pennsylvania’s four new culinary road trips, along with those  highlighting charcuterie, apples and grains. These paths aim to showcase the state’s culinary history, and preserve its foodways. 

This unique culinary adventure — the first we have seen at TFA — could be a model for tourism in other states and countries.

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