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State Alcohol Administrators Slam Alcohol Justice

January 27, 2012 By Jay Brooks

ncsla
You probably knew that each state has some form of an ABC, an alcohol control organization that after Prohibition was created to administer their state’s laws regarding alcohol. Not surprisingly, they also have an organization where the professionals in these state organizations can get together and share information, how they do things, and generally learn from and help one another be better at their jobs. It’s called the National Conference of State Liquor Administrators, or NCSLA. Their stated purpose is:

The purposes of the Association shall be to promote the enactment of the most effective and equitable types of state alcoholic beverage control laws; to devise and promote the use of methods which provide the best enforcement of the particular alcoholic beverage control laws in each state; to work for the adoption of uniform laws insofar as they may be practicable; to promote harmony with the federal government in its administration of the Federal Alcohol Administration Act; and to strive for harmony in the administration of the alcoholic beverage control laws among the several states.

They have an annual convention where they get together, along with other events throughout the year. Also, in addition to the obvious members, it’s also open to distributors, suppliers, retailers, law firms, health organizations and anyone else with an interest in the administration of alcohol at the state and federal level.

Well. Earlier this week, Alcohol Justice posted a press release entitled Big Alcohol Dominates Alcohol Regulator Meeting, which touted an article in the new edition of the journal Addiction that they claim “Documents Unhealthy Influence of Alcohol Industry over State Regulators.” Not surprisingly, the author of the article, Sarah M. Mart, is the Director of Research for Alcohol Justice. So they created the propaganda, then promote it is as if it’s news and/or impartial information and it’s not surprising that it just happens to support their agenda. Is the concept of a self-fulfilling prophecy lost on them?

In this case, the article, Top priorities for alcohol regulators in the United States: protecting public health or the alcohol industry?, purports to examine the “NCSLA Annual Meeting [that] took place 20–24 June 2010 in New Orleans, Louisiana.” Smart claims as a “finding” that “[m]ore than two-thirds (72.2%) of the 187 conference attendees were from alcohol producers, importers, wholesalers, retailers or their attorneys. Nearly two-thirds (65.0%) of the 40 panelists were from the alcohol industry. The author of this paper was the only attendee, and the only panelist, representing public health policy.”

In the press release, Alcohol Justice spins it this way.

In a peer-reviewed article in the February 2012 issue of Addiction, Sarah Mart, director of research at Alcohol Justice, has documented the alcohol industry’s excessive involvement in a 2010 annual conference of state liquor administrators.

“With alcohol use being the third leading preventable cause of death in the U.S, you would think state regulator meetings would focus on the most effective and cost-effective ways to reduce alcohol-related harm,” stated Mart. “But this event was really about the industry’s agenda.”

Mart’s article details her experience at the annual National Conference of State Liquor Administrators (NCSLA), which took place in June 2010. More than two-thirds (72%) of the 187 meeting attendees, and 65% of the panelists, were from the alcohol industry. The rest represented state alcohol control systems and federal government agencies. Mart was the only participant representing public health policy.

“The NCSLA is dominated by the global companies that produce, import, distribute and sell alcohol,” said Mart. “Not surprisingly, the Association’s liquor control agenda lacks public health considerations.”

On average, 79,000 deaths annually are attributed to alcohol consumption. In 2005, there were over 1.6 million hospitalizations and 4 million emergency room visits for alcohol-related causes. Alcohol-related costs to state budgets are staggering, yet this trade organization of state regulators, which could play an important role in reducing the harm, has no stated position supporting public health.

“Big Alcohol panelists actually sent regulators a warning message: Be industry-friendly. Don’t rock the boat of commerce with public health concerns, or your job may be on the line,” reported Mart. “The Federal officials that were present also spoke about supporting the industry, instead of protecting public safety. That was a disappointment.”

Sounds bad, right? Well, the NCSLA sees it a different way. They’ve now responded with their own press release telling the other side of this story.

NCSLA, The Inclusive Crucible Of Alcohol Policy Issues, Dismayed By Inaccuracies Of “Sour Grapes”

When requested to comment on the recent press release from an entity named “Alcohol Justice”(formerly known as The Marin Institute), NCSLA President William A. Kelley, Jr. today said,

“The National Conference of State Liquor Administrators (“NCSLA”) has for decades been the only organization of the 50 states with the sole clear, transparent and inclusive purpose of effectively controlling alcoholic beverages. That purpose cannot be effective without input from all interested parties. Indeed since this Nation was founded, the fundamental principle of American government has been to make decisions with the consent of the governed. That requires substantive communication with and consideration of the concerns and competing interests of those who would be subject to regulatory action by the federal and state government. This is the hallmark of a real democracy.

The NCSLA is dismayed at the conduct of any organization which has chosen to re-brand itself and seeks to create relevance for its new brand by pandering for headlines, while taking no real, affirmative action to support and defend the federal and state beverage alcohol regulators in the executive, judicial and legislative branches of state and federal government. These federal and state regulators stand alone as they fulfill their lawful obligations to strike a balance between the protection of the common good and the service of the public demand for the different sorts of alcoholic beverages made available by this legitimate, responsible industry.

The agenda of self-promotion by “Alcohol Justice” is obvious and unavailing. The telling fact is that the now re-branded entity formerly known Marin Institute has repeatedly chosen not to become a member of the NCSLA despite the numerous invitations that have been extended to them and the years of courtesies from the NCSLA they have enjoyed in the form of expense-paid attendance at NCSLA conferences and participation on NCSLA panels. It is equally telling that this statement comes when further special treatment has been denied this re-branded entity while at the same time it was directly invited and encouraged to join the NCSLA, take a seat at the proverbial table, but on the same terms as those long met by other public health and public advocacy groups. It is disheartening when any entity with substantial financial resources, yet without the economic hardships endured for years by state beverage alcohol regulators, appears content to do nothing.

The silence of this re-branded entity is deafening in the national dialogue that continues as Congress, The President of the United States, the people of the state of Washington and the representatives of the people in all the 50 states grapple with the modern issues of beverage alcohol control. This struggle is the American legacy of that failed experiment named “Prohibition.”

I look forward to the honor of leading the NCSLA when it convenes in Washington D.C. to continue its efforts in fostering principles and techniques of balanced alcoholic beverages control. Unfortunately it appears that this re-branded entity chooses to continue to sit on the sidelines in its complacency, fermenting in its sour grapes. Perhaps sometime soon the reality will be recognized that much is expected from those who are given much.”

Nicely said, Mr. Kelley. Nicely said.

Filed Under: Editorial, News, Politics & Law Tagged With: Anti-Alcohol, Law, Press Release, Prohibitionists, State Agencies

Wisconsin Homebrewing Under Fire

January 12, 2012 By Jay Brooks

wisconsin
If you’re a homebrewer in Wisconsin, be careful not to leave the house with your beer. When they call it home brew, they really mean it. Apparently there’s a growing strict interpretation of the state’s laws regarding homebrewing — similar to what went down in Oregon recently — that could prevent homebrewers from taking their beer to competitions and homewbrew club meetings, or indeed just sharing it with friends. I first heard about it from Jason Heindel, the President of the Beer Barons of Milwaukee Cooperative, a local beer enthusiast and homebrew club. He’s written up a nice overview of what’s going on, which you can read below, modified slightly by me for the web:

“As some of you may be aware, there have been some developments in the past year with how the WI Department of Revenue interprets the current State Statues relative to homebrewing. The current statutes can be found here. If you take a strict interpretation of those statues, the only place one can make or enjoy your own home brewed beer is at your home or farm. This means you could not legally brew a beer and hand it over your fence to your neighbor. The Wisconsin statues are outdated and not conforming with the overall Federal statutes regarding homebrewing. One of the highlights of the Federal Statute is the following section:

§ 25.206 Removal of beer.

Beer made under §25.205 may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions such as homemaker’s contests, tastings or judging. Beer removed under this section may not be sold or offered for sale.

All of those activities are not allowed by Wisconsin statute. So the State Fair beer and wine competitions would not be allowed, tastings and homebrew club meetings would also not be allowed.

A group was formed earlier this year to address these problems. The AHA formed the Wisconsin Homebrewer’s Alliance. The group was comprised of a member from as many homebrew clubs as we could find contacts for, homebrew shop owners, etc. This group has worked to introduce legislation to the Wisconsin Senate to correct these deficiencies. We have been asked to voice our support to our State Senators and Assembly members in support of this legislation. Take a look at the proposed legislation.

Now is the time for all Wisconsin Homebrewer’s to take action and ask for your representative’s to support this bill. Below is an except from an email to the Wisconsin Homebrewer’s Alliance from 1/5/2012:

‘Sen. Ellis’s office and a “Dear Colleague’ letter is going out within minutes asking for co-sponsorship of our legislation. The co-sponsorship period is for 2 weeks starting from today. So, now is the time for all of our memberss to contact their respective Clubs to get them to contact both of their legislators. The most sponsors that we can get the better. The legislation is LRB 3101 The Ellis/Kaufert legislation. We can also contact breweries, distributors, homebrew shops, etc.

Dan Grady, who’s spearheading the legislation, did give Heindel some words of warning. ‘Time is running short. The January floor period is taken up already leaving only February and March. The legislature is going to shut ASAP due to the recalls.'”

Wow, that’s not good. If you live in Wisconsin and want to see homebrewing continue to flourish, find your local legislators and contact them immediately.

Filed Under: Beers, Editorial, News, Politics & Law Tagged With: Homebrewing, Law, Wisconsin

Hammurabi: First King Of Beer

December 23, 2011 By Jay Brooks

hammurabi
I kept forgetting to post this nice piece about King Hammurabi, the Babylonian ruler responsible for mankind’s first set of laws, known as the Hammurabi Code. It ran in the San Francisco magazine Drink Me, in their October 2011 issue. The article, Hammurabi: The King Of Beers, goes into some deatil about the laws in the Hammurabi Code dealing with beer:

The Code contains dozens of edicts concerning the growing, harvesting, and sale of grain. Thus it pertains to beer, since grain had been domesticated and farmed for only two reasons:beer and bread. But the laws which deal specifically with those happy suds are numbers 108 through 111.

Law 108 reads as follows: “if a tavern-keeper (female) does not accept corn according to gross weight in payment of drink, but takes money, and the price of the drink is less than that of the corn, she shall be convicted and thrown into the water.” There are a couple of important things to clarify here. First, it is of interest that the regulation goes out of its way to specify that the hypothetical tavern-keeper is female.

In ancient Babylon, almost all tavern-keepers (not to mention brewers, generally) were women.

Men hunted and made war; women grew food and made beer. And second, “shall be… thrown into the water” does not mean that the offending tavern-keeper was merely tossed in the nearest river and left to sputter. It meant that the guilty party was thrown into the nearest river and held there until she stopped sputtering. Additions to Babylonian law made after Hammurabi’s death did away with the drowning of offending barkeeps and replaced it with mutilation of the woman’s breasts. Sheesh…

Like most despotic rulers, Hammurabi was seriously paranoid that his subjects were plotting against his authority. One of the central meeting places for average citizens in Babylon was the beer hall. These were, or were thought to be, hotbeds of sedition, which inevitably led to the creation of Law 109: “if conspirators meet in the house of a tavern-keeper, and these conspirators are not captured and delivered to the court the tavern-keeper shall be put to death.” The method of execution favored here was to drown the wrongdoer in a barrel of her own beer. Given the amount of political sniping that goes on in our bars today, we can be thankful (I think) that Law 109 has gone the way of the dodo bird.

And then there were the nuns. Called “sisters of god,” they were holy women dedicated to one of the numerous gods that populated Babylonian mythology. The nuns were expected to behave according to a quite rigid set of moral protocols, and the punishments for failing to do so were, to say the least, horrifying. As an example we need look no further than Law 110: “if a sister of a god open a tavern, or enter a tavern to drink, then shall this woman be burned to death.” Given that the Law specifically prohibits the sisters from not only drinking in a beer house, but going into business as a beer entrepreneur, we can only imagine that these actions were routinely undertaken by Babylon’s holy ladies. And the menfolk must have really hated them for breaking with the norm. Burning a woman alive for having a drink? Wow.

The final Law governing alcohol is 111, and it reads thusly: “if an inn-keeper furnish sixty ka [a unit of measure similar to a bushel] of drink to the city, she shall receive fifty ka of corn at the harvest.” It is a rather dull little edict; Babylonian capitalism in action. But at least no one gets drowned or burned.

Filed Under: Beers, Just For Fun, Politics & Law Tagged With: History, Law

David vs. Goliath: Jester King Wins Partial Victory

December 20, 2011 By Jay Brooks

texas
You may recall that in late October Jester King Sued Texas Over Antiquated Beer Regulations. I just got a press release from Jester King Craft Brewery that the judge in the case has ruled in their favor on their first amendment claims, though he did reject their claims under the Equal Protection Clause and the Commerce Clause. Here’s the news:

Yesterday afternoon, Judge Sam Sparks of the United States District Court for the Western District of Texas issued his final judgment on the case that Jester King Brewery and our two co-plaintiffs, Authentic Beverage Company and Zax Restaurant & Bar, filed against the Texas Alcoholic Beverage Commission. With respect to all of the First Amendment challenges to the current state law, he ruled in our favor, declaring the statutes and TABC rules in question unconstitutional and therefore invalid. Congratulations and many thanks to our attorneys, Jim Houchins of Houchins Law and Pete Kennedy of Graves Dougherty Hearon & Moody for taking on this case and for all of the hard work that they put in. Thanks also to Pete’s firm for supporting his efforts and to Jim’s associate, Rachel Fisher, for all of her hard work and diligent research.

As of result of yesterday’s ruling, beer in Texas may now be labeled as “beer” and ale may now be labeled as “ale”, regardless of alcohol content. Breweries and distributors are also no longer prohibited from independently telling consumers where their products may be purchased, or from communicating truthful and accurate information about their alcohol content. That means Jester King will now be able to add a “Where to Buy” section to our website, as will all other breweries selling beer in Texas.

“In a remarkable (though logically dubious) demonstration of circular reasoning” Judge Sparks writes in his ruling, “TABC attempts to defend the constitutional legitimacy of the Code through an appeal to the statutory authority of the Code itself.” Referring to the required use of the terms “beer”, “ale”, and “malt liquor”, he writes “TABC’s argument, combined with artful legislative drafting, could be used to justify any restrictions on commercial speech. For instance, Texas would likely face no (legal) obstacle if it wished to pass a law defining the word ‘milk’ to mean ‘a nocturnal flying mammal that eats insects and employs echolocation.’ Under TABC’s logic, Texas would then be authorized to prohibit use of the word ‘milk’ by producers of a certain liquid dairy product, but also to require Austin promoters to advertise the famous annual ‘Milk Festival’ on the Congress Avenue Bridge.’”

We were disappointed, but not too surprised, that Judge Sparks ruled against our claims that Texas’s disparate treatment of breweries and brewpubs violated the Equal Protection Clause and that its treatment of foreign breweries violated both the Equal Protection Clause and the Commerce Clause. The TABC never gave any reason why Texas should be able to prohibit craft brewers from selling beer to customers on-site, while allowing wineries to do so, or why Texas should be able to favor foreign wineries over foreign breweries, and Judge Sparks did not speculate on why that might be. But the legal standards are different and more demanding for challenges brought under the Equal Protection Clause than the First Amendment, and we were unable to persuade Judge Sparks to strike down these discriminatory laws. We were encouraged, however, by Judge Sparks’s observation that “The State of Texas is lucky the burden of proof was on [the Plaintiffs] for many of its claims, or else the Alcoholic Beverage Code might have fared even worse than it has.”

We’re pleased to have helped to bring about at least a few long overdue changes in the antiquated and often inconsistent Texas Alcoholic Beverage Code, but small brewers still face many unjust and unnecessary obstacles that need to be removed before we can stand on equal footing with Texas winemakers and brewers in other states. Measurable progress was made with yesterday’s decision, but much more is still needed. We don’t yet know what, if anything, will happen next on the legal front. That’s something that we’ll need to discuss with our attorneys. In the meantime, though, it’s not too early to start thinking about the 2013 legislative session, with the hope that this case will help to bring some momentum for further change. For the first time, Texas consumers finally have a well-organized grassroots organization that’s working to modernize the Beverage Code. We, at Jester King Craft Brewery, will continue to do everything we can to support the efforts of Open the Taps and we encourage everyone who is reading this to do the same.

It’s a start. Congratulations to Jester King.

Filed Under: Breweries, News, Politics & Law Tagged With: Law, Texas

Christmas Beer Bans

December 12, 2011 By Jay Brooks

santa-hat-beer
With Christmas falling on a Sunday this year, apparently more than half of the states still have antiquated blue laws on their books, restricting alcohol sales on Sundays, Christmas or both. As of about a year ago, at least fourteen states still enforced some kind of Sunday restriction. But according to a report today on OpenMarket.org entitled Christmas Liquor Bans: Is Your State on the List?, over half of the fifty states, plus D.C., still have some sort of restriction that will effect people in those states’ ability to buy a drink this Christmas. Happily, California’s not on the list, but with 27 places listed, that’s a lot of people who can’t get a drink this December 25. If you live in one of those jurisdictions, be sure to stock up early.

Filed Under: Beers, Editorial, Politics & Law Tagged With: Christmas, Holidays, Law

Jester King Sues Texas Over Antiquated Beer Regulations

October 25, 2011 By Jay Brooks

jester-king
The Jester King Craft Brewery in Austin, Texas, is my new hero, but then I’m a fan of their Don Quixote kind of crazy. The windmill they’re currently tilting at is the Texas Alcoholic Beverage Commission (TABC).

Like most states, and the Federal government, most of the laws regarding alcohol were written in the months following the passage of the 21st Amendment, which ended Prohibition. Unfortunately, most laws and especially regulations, are rarely updated or amended. And while that may be fine for most laws, after 78 years the beer landscape in America is vastly different than it was when the regulations were implemented. Then, the different kinds of beer being made were significantly more modest than today. A lot of the laws that currently govern how beer is defined, sold, distributed and labeled are incredibly antiquated.

I didn’t know specifically how bad it was in Texas, but I was certainly aware of the federal regs and several other states that have similar inconsistencies between their regulations and reality. Essentially, these laws make it mandatory that brewers lie about what their beer is and/or force them to omit information that consumers would undoubtedly find useful. So Jester King, and two other unnamed co-plaintiffs, is suing the TABC in federal court.

don-quixote
Below is their press release explaining what they’re trying to do:

Jester King Craft brewery, maker of artisan farmhouse ales in the beautiful Texas Hill Country on the outskirts of Austin, has filed suit against the Texas Alcoholic Beverage Commission (TABC). On Wednesday, attorneys representing Jester King Craft Brewery and two other co-plaintiffs filed a motion for summary judgment in federal court asking that the case be decided in our favor.

We have sued the TABC because we believe that its Code violates our rights under the 1st and 14th Amendments to the Constitution of the United States. Under the Code, we are not allowed to tell the beer drinking public where our beer is sold. We are also not permitted to use accurate terms to describe our beers. We are often forced to choose either to label them inaccurately or not to make beers that we would like to brew. Under the bizarre, antiquated naming system mandated by the TABC Code, we have to call everything we brew over 4% alcohol by weight (ABW) “Ale” or “Malt Liquor” and everything we brew at or below 4% ABW “beer.” This results in nonsensical and somewhat comical situations where we have to call pale ale at or below 4% ABW “pale beer” and lager that is over 4% ABW “ale.” The State has arrogantly and autocratically cast aside centuries of rich brewing tradition by taking it upon itself to redefine terms that reference flavor and production method as a simple shorthand for alcoholic strength.

At the same time, the State prohibits breweries from using other terms that accurately reference alcoholic strength like “strong” or “low alcohol.” That means you will not be seeing any Belgian or American Strong Ale in Texas. Further, the State restricts the contexts in which we can communicate the actual alcohol content of our beers. We are not allowed to put the alcoholic content on anything the State considers advertising, which includes our website and social media. We are simply seeking to exercise free and truthful speech about the beer we make and strongly believe that the State has no interest in keeping you from knowing the type of beer we make, how strong it is, or where it’s sold.

Our claim under the Equal Protection Clause of the 14th Amendment, maintains that breweries, like wineries, should be able to sell their products directly to the public. Right now in Texas, we cannot sell our beer at our brewery. We can only sell beer through a retailer or distributor. When people visit Jester King and ask to buy our beer, we have to tell them, “Sorry, it’s illegal.” Brewpubs are faced with an equal and opposite restriction. They can sell beer on-site, but cannot sell beer through a retailer or distributor. Texas wineries on the other hand are allowed to sell on-site and through retailers and distributors. We are suing because the State has no rational interest in maintaining special restrictions aimed at limiting the sale of beer.

Finally, the lawsuit challenges the State’s requirement that every foreign brewery wishing to sell beer in Texas obtain its own separate license. Foreign wineries and distilleries are not burdened by this requirement. They may simply sell their products in Texas through an importer that has one license for all the wine and spirits it brings into our state. The result is that small, artisan beer makers often have their beer kept out of Texas by unduly burdensome fees.

When we started Jester King, part of our plan was to help other small, artisan brewers, from both the United States and abroad, sell their products in Texas. This is something that we remain interested in doing at some point, which is where our material interest in this part of the case comes into play. Our much larger interest, however, is in allowing Texas beer drinkers to have access to the beers that helped shape our desire to build an authentic farmhouse brewery in the Texas Hill Country and that have had a direct influence on the type of beers that we have set out to brew. Many of these beers are from small overseas breweries whose products are currently being sold elsewhere in the U.S., but not in Texas because of exorbitant licensing fees. We would like to have the ability to purchase these beers in our local market and would like for all Texas beer drinkers to be able to do the same.

We have chosen to pursue these matters in federal court after witnessing the lack of progress that has resulted from previous attempts to address the inequities of the TABC Code legislatively. During the last legislative session, there were bills aimed at giving breweries and brewpubs similar rights to Texas wineries, but these bills never even made it out of committee.

We cannot say how likely we are to succeed in this lawsuit. The State has only to show a rational basis for restricting our freedom and the freedom of beer drinkers in this matter. However, as long as there is a TABC Code in Texas that discriminates against and puts undue burdens on breweries both home and abroad, we will continue to do everything in our power to fight for a more just and free system for us and for beer drinkers in our state.

As they say, their quest is a difficult one and the likelihood of success somewhat unlikely, sad to say. But the effort of bringing attention to these problems may increase awareness of them, both in Texas and elsewhere, and long term might start down the long road to changing them and bring them in line with reality. It may be a long quest, but hopefully it’s not an impossible dream.

don-quixote

Good luck, Jester King. This kind of thing should be happening in every state.

Filed Under: Breweries, Editorial, Events, News, Politics & Law Tagged With: Law, State Agencies, Texas

Craft Beer: A True Underdog Story

October 21, 2011 By Jay Brooks

cbatus-flag
Here’s a fun video about craft beer’s struggles to get to market. With a hat tip to Brian Stechschulte at Bay Area Craft Beer, it’s a student film by a Michael Jolly, done for his “Motion Graphics class. It’s an animated info graphic concerning American Craft Beer. I created all artwork, narration, and animation myself. Hope you enjoy it…And drink craft beer!” He’s titled it: Craft Beer: A True Underdog Story.

craft-beer-atus

Filed Under: Beers, Breweries, Just For Fun, Politics & Law Tagged With: Film, Law, Video

California Legislative Update

August 4, 2011 By Jay Brooks

california
There’s been a flurry of activity in California’s political power center lately, with a couple of new bills signed by governor Jerry Brown in Sacramento this week.

Tasting Room Bill (AB 1014)

The Tasting Room Bill makes it easier for breweries to serve samples of their beer without having to comply with all the same requirements as a full-scale restaurant.

From the press release from the CSBA:

Previously, craft brewers wishing to have a tasting room at the brewery would be required to install several industrial sinks, redo plumbing and electrical wiring among other requirements, simply to provide beer samples. These renovations can cost tens to hundreds of thousands of dollars creating a huge burden for small breweries.

“This bill will relieve craft brewers from the unnecessary burden of installing restaurant grade equipment that simply isn’t needed to pour a taste of beer,” said Tom McCormick, Executive Director of the California Small Brewers Association. “This is a common sense law that garnered bipartisan support at the Capitol. Yet another example that good beer brings people together.”

The bill, authored by Assemblyman Nathan Fletcher, R-San Diego and Assemblyman Wes Chesbro, D-Arcata, passed both the Senate and Assembly floor votes unanimously.

Caffeine Ban Bill (SB 39)

The second bill signed by Governor Brown, SB 39, was authored by Senator Alex Padilla, D-San Fernando Valley, and Assemblyman Jim Beall, R-Santa Clara County, who’s no friend to the beer industry.

Showing just what happens when you don’t pay journalists, the Huffington Post originally reported that passage of Senate Bill 39 meant that caffeine beer was banned, which is not correct. The bill was aimed at alcohol and caffeine energy drinks like Four Loko, Joose and their ilk. The bill only “bans any malt beverage to which caffeine has been directly added as a separate ingredient….” It does not include “beer brewed with coffee, tea or chocolate,” a carve out negotiated by the CSBA.

Filed Under: Beers, Breweries, News, Politics & Law Tagged With: California, Law

Minnesota Government Shutdown Also Stops Beer Production In State

July 13, 2011 By Jay Brooks

minnesota
Here’s a weird consequence of our stunted economy; when the state government in Minnesota shut down July 1, MillerCoors “had 39 ‘brand label registrations’ that expired last month, and the employees who process renewals were laid off when state government shut down July 1 in a budget dispute,” according to an AP story published today online entitled MillerCoors becomes casualty of Minnesota shutdown. Area wholesalers and then retailers could be out of the effected brands in as little as a few days, the story cautions. Hopefully, there’s enough craft beer in the pipeline to satisfy demand and maybe even create a few converts in the process.

Filed Under: Beers, Breweries, News, Politics & Law Tagged With: Law, Minnesota

U.S. Senate Establishes Small Brewers Caucus

June 20, 2011 By Jay Brooks

us-senate-3
The Brewers Association (BA) announced today that the United States Senate established a Senate Small Brewers Caucus. The new Caucus was founded by Senators Max Baucus (D-Mont.) and Mike Crapo (R-Idaho).

From the press release:

In a Dear Colleague letter, Senators Baucus and Crapo noted, “In recent years, the more than 1,700 craft brewers all across America have met growing consumer demand for their products by brewing flavorful and innovative beers which they encourage Americans to enjoy in a responsible manner. These small and independent brewers…generate more than $3 billion in wages and benefits, and pay more than $2.3 billion in business, personal and consumption taxes.”

Mirroring the House Small Brewers Caucus, formed in 2007, the Senate Small Brewers Caucus provides a forum for members of the Senate and their staffs to discuss the issues important to small brewers while exploring what lawmakers can do to strengthen the growth and role of these small businesses in local economies across the country.

The caucus will also provide opportunities for Senators and staff to learn about the science and art of brewing beer, and the unique cultural and economic contributions made by small brewers to their communities.

Currently, the 1,700+ small American breweries account for about five percent of all the beer enjoyed in the United States and 50 percent of brewery jobs—-totaling some 100,000 good-paying part- and full-time positions across the country.

According to Senator Crapo, “[t]his caucus will provide Senators with a better understanding of all aspects of small brewing and the positive impact it has on their communities.”

Filed Under: Breweries, News, Politics & Law Tagged With: D.C., Law

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