State Regulations Governing Alcohol in Confectionary

State Regulations Governing Alcohol in Confectionery

MINIMUM AGE TO PURCHASE STATE AND POINT RETAIL RESTRICTIONS AND PERMISSIBLE ALCOHOL LEVELS CONFECTIONERY OF CONTACT IN CONFECTIONERY SALES CONTAINING ALCOHOL

ALABAMA Alabama prohibits retail sale of confectionery that contains any vinous, malt or spirituous liquor. 21

Bob Wallace ALA. CODE § 20-1-23 (2003). Assistant Director of http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm Enforcement Department of Agriculture and Industries (334) 213-6300

ALASKA Alaska permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from No minimum flavoring extracts. John Bunten Environmental Health ALASKA STAT. § 17.20.020(c) (2003). Officer http://www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx03/query=*/doc/{@7435}? Food Safety and Sanitation Department of Environmental Conservation (907) 451-2112

State Regulations Governing Alcohol in Confectionery Page 1 of 12 Prepared by Stateside Associates April 27, 2004 ARIZONA Arizona permits retail sale of confectionery that contains less than 5% alcohol by weight. No minimum

Don Herrington ARIZ. REV. STAT. § 36-904(12) (2004). Manager http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/36/00901.htm&Title=36&DocType=ARS Office of Environmental Health Department of Health Services (602) 364-3118

ARKANSAS Arkansas permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from No minimum flavoring extracts. In addition, Arkansas permits harmless coloring, harmless flavoring, and harmless resinous Randy Carter glaze not in excess of 0.4% alcohol by volume. Program Specialist Food Service ARK. CODE §§ 20-56-208 & 215 (2004). Department of Health http://www.arkleg.state.ar.us/data/ar_code.asp (501) 661-2171

CALIFORNIA California permits retail sale of confectionery that contains less than 5% alcohol by weight. No minimum

Patrick Kennelly CAL. HEALTH & SAFETY CODE § 110590 (2003). Chief of Food Safety http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=07380717741+0+0+0&WAISaction=retrieve Inspection Department of Health Services (916) 650-6598

State Regulations Governing Alcohol in Confectionery Page 2 of 12 Prepared by Stateside Associates April 27, 2004 State Regulations Governing Alcohol in Confectionery Page 3 of 12 Prepared by Stateside Associates April 27, 2004 Colorado permits retail sale of confectionery that contains less than six and twenty-five hundredths percent Colorado prohibits alcohol by volume or 5% alcohol by weight. Colorado prohibits individuals from selling, giving, or in any way the sale of COLORADO furnishing to individuals under the age of 21, any confectionery that contains more than 0.5% by volume. confectionery to individuals under Susan Parachini COLO. REV. STAT. §§ 25-5-403 & 410 (2003). the age of 21 that Wholesale Food http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 contains more than Program Manager 0.5% alcohol by Consumer Protection volume. Department of Public Confectionery containing more than 0.5% alcohol by volume must display a label that states that the alcohol Health and content does not exceed six and twenty-five hundredths (6/2500) percent by volume or 5% by weight and that the Environment product is unlawful for any person under 21 years of age. (303) 692-3639 COLO. REV. STAT. § 25-5-419 (2003). http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0

CONNECTICUT Connecticut permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived No minimum from flavoring extracts. Frank Greene Director CONN. GEN. STAT. § 21a -101 (2003). Food & Standards http://search.cga.state.ct.us/ Division Department of Consumer Protection (860) 713-6160

DELAWARE Delaware prohibits retail sale of confectionery that contains any vinous, malt or spirituous liquor. No minimum

Robert Hoffner DEL. CODE ANN. tit. 16 § 3305 (2003). Manager http://www.decode.state.de.us/title16/c033/index.htm Office of Food Protection Department of Health and Social Services (302) 739-4731

DISTRICT OF The District of Columbia permits retail sale of confectionery that contains less than 0.5% alcohol by volume No minimum COLUMBIA derived solely from flavoring extracts.

D.C. CODE ANN. § 48-103 (2)(o)(ii) (2004). Harold Monroe http://dccode.westgroup.com/Find/Default.wl?DocName=DCCODES48-103&FindType=W&DB=DC-TOC- Bureau Chief for the WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0 Bureau of Food, Drug and Radiation Department of Health (202) 535-2180 State Regulations Governing Alcohol in Confectionery Page 4 of 12 Prepared by Stateside Associates April 27, 2004 Florida permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from 21 flavoring extract or less than 5% but more than 0.5% alcohol by volume derived from any source.

In addition, confectionery for retail sale: State Regulations Governing Alcohol in Confectionery Page 5 of 12 Prepared by Stateside Associates April 27, 2004 GEORGIA Georgia permits retail sale of confectionery that contains less than 0.5% alcohol derived solely from flavoring No minimum extracts. Mark Norton Manager GA. CODE ANN. § 26-2-26 (2002). Consumer Protection http://www.legis.state.ga.us/legis/GaCode/index.htm Division Department of Agriculture (404) 656-3621

Hawaii prohibits the Hawaii permits retail sale of confectionery that contains less than 5% alcohol by weight. In addition, confections HAWAII sale of confections which contain over 0.5% of alcohol must display a label. to persons below 21 Maurice Tamura years of age which HAW. REV. STAT. § 328-6 and §328- 9(3) (2003). Manager contain alcohol in http://www.capitol.hawaii.gov/site1/docs/docs.asp?press1=docs Food and Drug excess of 0.5% by Division Department of weight. Health (808) 586-4275

IDAHO Idaho permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from No minimum flavoring extracts. Mary Valentine Manager IDAHO CODE § 37-122(c) (2003). Food Protection http://www3.state.id.us/cgi-bin/newidst?sctid=370010022.K Program Division of Health Bureau of Environmental Health and Safety Department of Health and Welfare (208) 334-0606

ILLINOIS Illinois permits retail sale of confectionery that contains less than 5% alcohol by volume derived solely flavoring No minimum extracts. James Bloom Manager 410 ILL. COMP. STAT. 620/10(c) (West 2003). Food Section http://www.legis.state.il.us/legislation/ilcs/ilcs3.asp?ActID=1577&ChapAct=410%26nbsp%3BILCS%26nbsp Division of Food, Drug %3B620%2F&ChapterID=35&ChapterName=PUBLIC+HEALTH&ActName=Illinois+Food and Dairies %2C+Drug+and+Cosmetic+Act%2E Department of Public Health (217) 782-4977 State Regulations Governing Alcohol in Confectionery Page 6 of 12 Prepared IbyNDIANA Stateside AssociatesIndiana permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from No minimumApril 27, 2004 flavoring extracts. Scott Gilliam Director IND. CODE § 16-42-2-2 (2004). MICHIGAN Michigan permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from No minimum flavoring extracts. Kathy Fortin MICH. COMP. LAWS § 289.1105 (2000). Sections Manager http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-289-1105 Food and Dairy Division Department of Agriculture (517) 241-2461

Minnesota permits retail sale of confectionery that contains less than 5% alcohol by volume where the alcohol is 21 in a non-liquid form by reason of being mixed with other substances.

MINN. STAT. §§ 31.121(n), 31.76(1) (2003). http://www.revisor.leg.state.mn.us/stats/31/76.html

Each confection containing alcohol must bear a label that clearly states: MINNESOTA (1) This product may not be sold to anyone under 21 years of age; and Gary Edwards Supervisor (2) This product contains less than 5% alcohol by volume. Food Safety Center Environmental Health MINN. STAT. § 31.76(2) (2003). Service Section http://www.revisor.leg.state.mn.us/stats/31/76.html Department of Health (651) 215-0870 In addition, only an exclusive licensed liquor store or business establishment that derives more than 50% of its gross sales from the sale of confections may sell confectionery that contains alcohol.

MINN. STAT. § 31.76(2)(c) (2003). http://www.revisor.leg.state.mn.us/stats/31/76.html

State Regulations Governing Alcohol in Confectionery Page 7 of 12 Prepared by Stateside Associates April 27, 2004 State Regulations Governing Alcohol in Confectionery Page 8 of 12 Prepared by Stateside Associates April 27, 2004 Mississippi follows the federal Food, Drug and Cosmetic Act, section 402. Under federal law, confectionery that No minimum MISSISSIPPI contains less than 0.5% alcohol by volume derived solely from flavoring extracts is permitted.

Charlene Bruce MISS. CODE ANN. § 75-29-3 (2004). Director http://198.187.128.12/mississippi/lpext.dll?f=templates&fn=fs-main.htm&2.0 Food Protection Department of Health MISS. CODE ANN. § 75-27-1 (2004). (601) 576-7689 http://198.187.128.12/mississippi/lpext.dll/Infobase/36169/36f14/36f2a?f=templates&fn=document- frame.htm&2.0

MISSOURI Missouri permits retail sale of confectionery that contains less than 5% alcohol by weight. No minimum

Mary Fandrey MO. REV. STAT. § 196.070 (2003). Manager http://www.moga.state.mo.us/statutes/c100-199/1960000070.htm Environmental Public Health Section Department of Health (573) 751-6096

Montana permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from No minimum MONTANA flavoring extracts.

Howard Reid MONT. CODE ANN. § 50-31-202 (2003). Supervisor http://data.opi.state.mt.us/bills/mca/50/31/50-31-202.htm Food and Consumer Safety Section Department of Health and Human Services (406) 444-5306

Confections or candy containing 0.5% or less alcohol by volume are not regulated. Nebraska regulates Nebraska prohibits confections or candies that contain more than 0.5% as alcoholic beverages. Alcoholic beverages are governed by the retail sale of the Nebraska Liquor Control Act. confectionery to NEBRASKA individuals under Nebraska prohibits the retail sale of confections or candy that contain more than 0.5% alcohol by volume unless the age of 21 that Sgt. Mark Costello the manufacturer or retailer is licensed under the Nebraska Liquor Control Act. contains alcohol in Alcohol and Tobacco excess of 0.5% by Enforcement Any confections or candy sold in Nebraska that contain more than 0.5% alcohol must display a label containing volume. Coordinator the following statement: “SALE OF THIS PRODUCT TO PERSONS UNDER THE LEGAL AGE FOR PURCHASING ALCOHOLIC Enforcement Division LIQUOR IS UNLAWFUL.” Liquor Control Commission NEB. REV. STAT. § 53-103 (2003). (402) 471-2571 http://statutes.unicam.state.ne.us/Corpus/Statutes/chap53/R5301003.html State Regulations Governing Alcohol in Confectionery Page 9 of 12 Prepared by Stateside Associates April 27, 2004 NEB. REV. STAT. § 53-194.04 (2003). http://statutes.unicam.state.ne.us/Corpus/Statutes/chap53/R530109404.html No minimum The Bureau of Food Protection does not regulate alcohol content in confection. The Bureau defers to the state alcohol commission on this issue. NEW HAMPSHIRE N.H. CODE ADMIN. R. ANN. ALCOHOLIC BEVERAGES 175:5-a (1996). Paul Raiche http://gencourt.state.nh.us/rsa/html/XIII/175/175-5-a.htm Supervisor Bureau of Food Protection Department of Health & Social Services (603) 271-4589

New Jersey permits the retail sale of confectionery that contains less than 5% alcohol by volume solely derived New Jersey from flavoring extracts. In addition, New Jersey permits harmless coloring, harmless flavoring, and harmless prohibits the retail resinous glaze less than 0.4% alcohol by volume. New Jersey regulates confectionery that contains more than sale of 0.5% alcohol by volume as an alcoholic beverage. confectionery to individuals under N.J. REV. STAT. § 24:5-9 (2004). the age of 21 that http://www.njleg.state.nj.us/Default.asp contains alcohol in excess of 0.5% by New Jersey prohibits the sale of confectionery containing more than 0.5% alcohol by volume to individuals less volume. than 21 years of age. NEW JERSEY Any confectionery manufactured in New Jersey that contains more than 0.5% alcohol must display a label which Peter Detroia states: “SALE OF THIS PRODUCT TO PERSONS UNDER THE LEGAL AGE FOR PURCHASING ALCOHOLIC BEVERAGES IS Program Manager UNLAWFUL.” Food and Drug Safety Program Any confectionery sold in New Jersey that contains more than 0.5% alcohol: Department of Health (609) 588-3123 (1) Must display a label which states: "SALE OF THIS PRODUCT TO PERSONS UNDER THE LEGAL AGE FOR PURCHASING ALCOHOLIC BEVERAGES IS UNLAWFUL"; or

(2) Must display a sign which states: "SALE OF CONFECTIONERY CONTAINING MORE THAN 0.5% ALCOHOL TO PERSONS UNDER THE LEGAL AGE FOR PURCHASING ALCOHOLIC BEVERAGES IS UNLAWFUL" at the place where the product is sold or offered for sale.

N.J. REV. STAT. § 24:5-9.1 (2004). http://www.njleg.state.nj.us/Default.asp

NEW MEXICO New Mexico permits retail sale of confectionery that contains less than 2.25% alcohol by weight derived solely No minimum from flavoring extracts. Lorie Stoller Manager N.M. STAT. ANN. § 25-2-10 (c) (2004). State Regulations Governing Alcohol in Confectionery Page 10 of 12 Food Program http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-j.htm&2.0 Prepared by Stateside Associates April 27, 2004 Field Operations Division Department of Environment PENNSYLVANIA Pennsylvania permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived No minimum from flavoring extracts. Sheri Dove Food Program Manager 31 PA. CONS. STAT. § 20.3 (2003). Bureau of Food Safety Department of Agriculture (717) 772-8353

RHODE ISLAND Rhode Island permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely No minimum from flavoring extracts. In addition, Rhode Island permits harmless coloring, harmless flavoring, and harmless Steve DiMaio resinous glaze not in excess of 0.4% alcohol by volume. Senior Environmental Health Foods Specialist R. I. GEN. LAWS § 21-31-3 (2004). Food Protection http://www.rilin.state.ri.us/Statutes/TITLE21/21-31/21-31-3.HTM Department of Health (401) 222-2750 R. I. GEN. LAWS § 21-31-10 (2004). http://www.rilin.state.ri.us/Statutes/TITLE21/21-31/21-31-10.HTM

SOUTH CAROLINA South Carolina permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived No minimum from flavoring extracts. Carol Fulmer Supervisor S.C. CODE ANN. § 39-25-100 (2003). Food and Cosmetic http://www.scstatehouse.net/code/t39c025.htm Section Department of Agriculture (803) 737-9705 SOUTH DAKOTA South Dakota prohibits retail sale of confectionery that contains any alcohol. No minimum Doug Kozel Public Health Advisor S.D. CODIFIED LAWS § 39-4-3 (2003). Health Protection http://legis.state.sd.us/statutes/index.cfm?FuseAction=DisplayStatute&FindType=Statute&txtStatute=39-4-3 Bureau Department of Health (605) 773-3364

TENNESSEE Tennessee permits retail of confectionery that contains less than 0.5% alcohol by volume derived solely from No minimum flavoring extracts. In addition, Tennessee permits harmless coloring, harmless flavoring, and harmless resinous Rick Heinrich glaze not in excess of 0.4%. Food and Dairy Administrator TENN. CODE ANN. §§ 53-1-103 & 104 (2003). Regulatory Services http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0 StateDivision Regulations Governing Alcohol in Confectionery Page 11 of 12 PreparedDepartment by Stateside of Associates April 27, 2004 Agriculture (615) 837-5177 State Regulations Governing Alcohol in Confectionery Page 12 of 12 Prepared by Stateside Associates April 27, 2004