Unique alcohol products are not regulated by the DABT
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Unique alcohol products are not regulated by the DABT

On Behalf of | Oct 12, 2021 | Alcoholic Beverage Law |

Florida enables consumers to enjoy many different types of alcoholic products. Along with the usual drinks, there are such traditional uses in candy and baking goods. However, the options expanded over the years to include gelatin shots, popsicles, and even ice cream. As we said in an earlier blog, these products often do not fall into the category of alcoholic beverages since these products are consumed as a solid. If so, the state law regulates them differently than liquid.

Florida law prohibits adulterated (a substance considered harmful) foods, but manufacturers can flavor the food with alcoholic beverages when the alcohol level is 0.5% or less alcohol by volume. Florida does allow for alcohol-infused pop-tails and other candy products like ice cream if they meet the following criteria:

  • It is sold in solid form.
  • The ABV remains below 5%.
  • It is sold only to people 21 years of age and older.
  • It is properly labeled.
  • It is manufactured and distributed in a particular manner.

These issues can be confusing

Considering the unusual nature of these products, it is not surprising that manufacturers, vendors, and others working outside the norm of alcoholic beverage products can get confused. They may even file a petition with the wrong agency – for example, the Division of Alcoholic Beverages and Tobacco (DABT) does not regulate alcohol-infused ice cream and other food products. Moreover, requesting information from that agency about subject matter that is not within their purview is unlikely to be helpful or time efficient.

With so many questions about a unique alcoholic product, manufacturers and others will often get better results by working with someone who regularly handles legal issues surrounding alcohol manufacturing and sales. These professionals can often correctly answer questions or know where to look to answer a specific question related to the product.