The Alcohol and Tobacco Tax and Trade Bureau considers “non-alcoholic beer” to be among a special class of products which includes low-alcohol beverages, whether they are hard seltzers, malt beverages or variations on traditional beer.
Some drinks really do have 0.0% alcohol by volume, while others will have more than 0.0% but still under 0.05%. This makes them “low-alcohol” products. By comparison, a traditional beer tends to be around 5% alcohol by volume – or 10 times greater than the highest threshold for a “low-alcohol” drink per regulations.
These “non-alcoholic beers” are becoming more popular, so it’s important for business owners who are thinking of stepping into this niche market to know what labeling requirements exist in Florida. Here are some basics:
Is a nontaxable label required?
Yes, in both of the situations noted above, a label is required. It should state the following “Nontaxable under section 5051 I.R.C.” This is true both for beverages that are made at a brewery and those that are not.
It’s also worth noting where the beverages are going to be sold. Under the Federal Alcohol Administration (FAA), beverages sold outside of Florida have to be labeled in compliance with Part 7 of the Act. However, beverages that are sold only within the state do not necessarily have to comply, though it is good practice to do so.
In some cases, the way that the beverages are made plays a role. For instance, FDA Food labeling regulations do not apply in many situations, but they can if the beverages are made without hops and malted barley. Some nonalcoholic beverages do use these traditional ingredients, but not all, so every case is unique.
These are just a few areas to consider when looking at the labeling requirements and other regulations for making low-alcohol beverages in Florida. Business owners need to know exactly what steps to take and what is required of them from a legal perspective.