Four-Pack of Louisiana Alcoholic Beverage Bills Filed

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The 2015 Louisiana legislative session starts on April 13, and the pre-filed bills have been pouring in over the past few days. Four of the pre-filed bills warrant special consideration for the craft beverage industry.

HB132 would require individuals consuming alcoholic beverages at commercial establishments to have a designated driver with them while doing so. The bill’s author has already admitted that enforcement would be difficult, and the logistics of a restaurant patron having to prove a designated driver before ordering a beer is probably unworkable. However, this bill will certainly be closely watched by all in the food and beverage industry.

HB232 rewrites the existing Louisiana distillery and brewery laws to provide a more streamlined process for hosting a tasting room at the manufacturing premises. Under the existing law, distillers and brewers have to obtain both a manufacturer’s permit and a retailer’s permit to allow a tasting room. Under the new law, a manufacturer’s permit would automatically allow for a tasting room. The law keeps the requirements that only the manufacturer’s products may be served at the premises for on- or off-premises consumption, but removes the age requirement of the existing law. Distilleries may not sell more than one case per person per month, and breweries may not sell to the public more than 10% of products brewed or 250 barrels, whichever is greater.

HB233 extends the privileges of the microbrewer’s permit to microdistillers. Under the existing law, the holder of a microbrewer’s permit can sell its products and others to the public at the premises, but cannot distribute or manufacture for resale.  However, since no corresponding law currently exists for microdistillers, the new law essentially copies the microbrewery law to allow microdistillers to obtain a microdistillery permit and sell products for on-premises consumption.

HB331 gets the Louisiana Department of Health and Hospitals out of the alcoholic beverage labeling business, and transfers that control to the Office of Alcohol and Tobacco Control. Currently, LDHH must authorize labels for alcoholic beverages, but the new law would transfer that responsibility to the ATC.

We will continue to monitor these and other bills throughout the 2015 regular legislative session.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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