What Florida brewers should know about state and federal regulations

What Florida brewers should know about state and federal regulations

On Behalf of | Jan 14, 2025 | Alcoholic Beverage Law |

Starting a brewery in Florida is an exciting venture, but understanding the regulations that apply to you is crucial to your success. From the start, knowing the rules can save you time, money, and potentially significant legal issues. Florida’s regulations for brewers cover everything from licensing to labelling to distribution, and brewers must comply with these laws to operate smoothly.

Seeking approval through the TTB

Whether you’re a small craft brewer or planning a larger operation, you must apply for the right permits and pay the required fee. No matter the size of your operation, if you intend to make and sell beer, the Alcohol and Tobacco Tax and Trade Bureau (TTB) must approve your operations. This process entails submitting a Brewer’s Notice application with the TTB, before applying for state licensing. Brewers can apply online through the TTB’s online application process.

Once approved, brewers can pursue seeking a license at the state level to operate their brewery.

What license do you need to sell beer in Florida?

In Florida, brewers must first obtain the appropriate licenses to start their operations. The Florida Division of Alcoholic Beverages and Tobacco (DABT) oversees these licenses, which vary based on the type and scale of production. Brewers who intend to both make and sell beer must obtain a Cereal Malt Beverage, or CMB, license.

While the CMB license is a necessary first step, brewers will likely also need additional licensing to operate a taproom. Options for this typically include:

  • Consumption-on-premises license: the 2COP license, for beer and wine consumption only, permits beverages to be sold for consumption on the premises.
  • Quota license: the 4COP license, commonly referred to as a quota license, also allows for beverages to be consumed on the premises but includes beer, wine and liquor.

Additionally, brewers may need to consider other state permits or licenses, such as those for selling beer directly to consumers on-site or for hosting special events.

Labels and details

Florida follows federal guidelines for beer labeling but also has state-specific requirements. All beer labels must include the brand name, type of beer, alcohol content, and the brewer’s or distributor’s name and address.

Florida law requires labels to be clear and easy to read. Brewers must submit their labels for approval to the DABT before selling their products. Accurate labeling is crucial, as it ensures transparency and protects consumers.

Distribution guidelines

Distribution is another critical aspect of Florida’s brewery regulations. The state follows a three-tier system separating producers, distributors, and retailers. Most breweries must work with licensed distributors to get their products into stores and restaurants.

Navigating these regulations can be complex, and brewers may find it beneficial to seek legal help. Consulting with an attorney knowledgeable in alcohol and beverage law can provide clarity and ensure compliance with all necessary regulations. A lawyer can help with the license application process, interpret federal and state laws, and offer advice on best practices for your brewery.

Understanding and adhering to state and federal regulations is essential for Florida brewers. This is crucial in avoiding legal pitfalls and contributes to a successful brewing business.

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