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State Regulations Governing Alcohol in Confectionery STATE AND POINT OF CONTACT RETAIL RESTRICTIONS AND PERMISSIBLE ALCOHOL LEVELS IN CONFECTIONERY SALES MINIMUM AGE TO PURCHASE CONFECTIONERY CONTAINING ALCOHOL ALABAMA Bob Wallace Assistant Director of Enforcement Department of Agriculture and Industries (334) 213-6300 Alabama prohibits retail sale of confectionery that contains any vinous, malt or spirituous liquor. ALA. CODE § 20-1-23 (2003). http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm 21 ALASKA John Bunten Environmental Health Officer Food Safety and Sanitation Department of Environmental Conservation (907) 451-2112 Alaska permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts. ALASKA STAT. § 17.20.020(c) (2003). http://www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx03/query=*/doc/ {@7435 }? No minimum State Regulations Governing Alcohol in Confectionery Page 1 of 26 Prepared by Stateside Associates April 27, 2004

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Page 1: State Regulations Governing Alcohol in Confectionary · Web viewState Regulations Governing Alcohol in Confectionery State and Point of Contact Retail Restrictions and Permissible

State Regulations Governing Alcohol in Confectionery

STATE AND POINT OF CONTACT

RETAIL RESTRICTIONS AND PERMISSIBLE ALCOHOL LEVELS IN CONFECTIONERY SALES

MINIMUM AGE TO PURCHASE

CONFECTIONERY CONTAINING

ALCOHOL

ALABAMA

Bob WallaceAssistant Director of Enforcement Department of Agriculture and Industries(334) 213-6300

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

ALA. CODE § 20-1-23 (2003).http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

21

ALASKA

John BuntenEnvironmental Health OfficerFood Safety and SanitationDepartment of Environmental Conservation(907) 451-2112

Alaska permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts.

ALASKA STAT. § 17.20.020(c) (2003).http://www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx03/query=*/doc/{@7435}?

No minimum

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ARIZONA

Don HerringtonManagerOffice of Environmental HealthDepartment of Health Services(602) 364-3118

Arizona permits retail sale of confectionery that contains less than 5% alcohol by weight.

ARIZ. REV. STAT. § 36-904(12) (2004).http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/36/00901.htm&Title=36&DocType=ARS

No minimum

ARKANSAS

Randy CarterProgram SpecialistFood ServiceDepartment of Health(501) 661-2171

Arkansas permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts. In addition, Arkansas permits harmless coloring, harmless flavoring, and harmless resinous glaze not in excess of 0.4% alcohol by volume.

ARK. CODE §§ 20-56-208 & 215 (2004).http://www.arkleg.state.ar.us/data/ar_code.asp

No minimum

CALIFORNIA

Patrick KennellyChief of Food Safety InspectionDepartment of Health Services(916) 650-6598

California permits retail sale of confectionery that contains less than 5% alcohol by weight.

CAL. HEALTH & SAFETY CODE § 110590 (2003).http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=07380717741+0+0+0&WAISaction=retrieve

No minimum

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COLORADO

Susan ParachiniWholesale Food Program ManagerConsumer ProtectionDepartment of Public Health and Environment(303) 692-3639

Colorado permits retail sale of confectionery that contains less than six and twenty-five hundredths percent alcohol by volume or 5% alcohol by weight. Colorado prohibits individuals from selling, giving, or in any way furnishing to individuals under the age of 21, any confectionery that contains more than 0.5% by volume.

COLO. REV. STAT. §§ 25-5-403 & 410 (2003).http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0

Confectionery containing more than 0.5% alcohol by volume must display a label that states that the alcohol content does not exceed six and twenty-five hundredths (6/2500) percent by volume or 5% by weight and that the product is unlawful for any person under 21 years of age.

COLO. REV. STAT. § 25-5-419 (2003).http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0

Colorado prohibits the sale of confectionery to individuals under the age of 21 that contains more than 0.5% alcohol by volume.

CONNECTICUT

Frank GreeneDirectorFood & Standards DivisionDepartment of Consumer Protection(860) 713-6160

Connecticut permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts.

CONN. GEN. STAT. § 21a -101 (2003).http://search.cga.state.ct.us/

No minimum

DELAWARE

Robert HoffnerManager Office of Food ProtectionDepartment of Health and Social Services(302) 739-4731

Delaware prohibits retail sale of confectionery that contains any vinous, malt or spirituous liquor.

DEL. CODE ANN. tit. 16 § 3305 (2003).http://www.decode.state.de.us/title16/c033/index.htm

No minimum

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DISTRICT OF COLUMBIA

Harold MonroeBureau Chief for the Bureau of Food, Drug and RadiationDepartment of Health(202) 535-2180

The District of Columbia permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts.

D.C. CODE ANN. § 48-103 (2)(o)(ii) (2004).http://dccode.westgroup.com/Find/Default.wl?DocName=DCCODES48-103&FindType=W&DB=DC-TOC-WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0

No minimum

FLORIDA

Roberta HammondAnalystBureau of Community Environmental HealthDepartment of Health(850) 245-4299

Florida permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extract or less than 5% but more than 0.5% alcohol by volume derived from any source.

In addition, confectionery for retail sale:

(1) Must display a label which clearly states on package: “THIS PRODUCT MAY NOT BE SOLD TO ANYONE UNDER 21 YEARS OF AGE;”

(2) Cannot be sold in a form containing liquid so that it constitutes an alcoholic beverage under the Beverage Law; and

(3) Must be distributed directly to consumers from permanent facilities owned or controlled by the product’s manufacturer or from a licensed approved vendor.

FLA. STAT. ch. 500.10(3) (2003).http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0500/SEC10.HTM&Title=->2003->Ch0500->Section%2010

21

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GEORGIA

Mark NortonManagerConsumer Protection DivisionDepartment of Agriculture(404) 656-3621

Georgia permits retail sale of confectionery that contains less than 0.5% alcohol derived solely from flavoring extracts.

GA. CODE ANN. § 26-2-26 (2002).http://www.legis.state.ga.us/legis/GaCode/index.htm

No minimum

HAWAII

Maurice TamuraManagerFood and Drug Division Department of Health(808) 586-4275

Hawaii permits retail sale of confectionery that contains less than 5% alcohol by weight. In addition, confections which contain over 0.5% of alcohol must display a label.

HAW. REV. STAT. § 328-6 and §328- 9(3) (2003).http://www.capitol.hawaii.gov/site1/docs/docs.asp?press1=docs

Hawaii prohibits the sale of confections to persons below 21 years of age which contain alcohol in excess of 0.5% by weight.

IDAHO

Mary ValentineManagerFood Protection ProgramDivision of HealthBureau of Environmental Health and SafetyDepartment of Health and Welfare(208) 334-0606

Idaho permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts.

IDAHO CODE § 37-122(c) (2003).http://www3.state.id.us/cgi-bin/newidst?sctid=370010022.K

No minimum

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ILLINOIS

James BloomManagerFood SectionDivision of Food, Drug and Dairies Department of Public Health (217) 782-4977

Illinois permits retail sale of confectionery that contains less than 5% alcohol by volume derived solely flavoring extracts.

410 ILL. COMP. STAT. 620/10(c) (West 2003).http://www.legis.state.il.us/legislation/ilcs/ilcs3.asp?ActID=1577&ChapAct=410%26nbsp%3BILCS%26nbsp%3B620%2F&ChapterID=35&ChapterName=PUBLIC+HEALTH&ActName=Illinois+Food%2C+Drug+and+Cosmetic+Act%2E

No minimum

INDIANA

Scott GilliamDirectorFood Protection ServicesDepartment of Health(317) 233-7467

Indiana permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts.

IND. CODE § 16-42-2-2 (2004).http://www.in.gov/legislative/ic/code/title16/ar42/ch2.html

No minimum

IOWA

Bob HaxtonProgram ManagerFood and Consumer SafetyDepartment of Inspection and Appeals(515) 281-6539

Iowa defines confectionery as a food and does not regulate it as to alcohol content. Iowa references federal law, which states that confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts is permitted for retail sale.

IOWA CODE § 190.1 (2003).http://www.legis.state.ia.us/IACODE/2003SUPPLEMENT/190/1.html

Federal Food, Drug and Cosmetic Act § 401, 21 U.S.C. § 342(d)(2) (2004).http://www.fda.gov/opacom/laws/fdcact/fdcact4.htm

No minimum

KANSAS

Mary GlassburnerDirectorFood SafetyDepartment of Health

Kansas permits retail sale of confectionery that contains less than 0.5% alcohol by volume, solely derived from flavoring extracts. In addition, Kansas permits harmless coloring, harmless flavoring, and harmless resinous glaze in confectionery not in excess of 0.4% alcohol by volume.

KAN. STAT. ANN. § 65-657 (2003).

No minimum

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and Environment(785) 296-1705

http://www.kslegislature.org/cgi-bin/statutes/index.cgi/65-657.html

KAN. STAT. ANN. § 65-664 (2003).http://www.kslegislature.org/cgi-bin/statutes/index.cgi/65-664.html

KENTUCKY

Anita TravisManagerFood and Safety DivisionCabinet for Health Services (502) 564-7181

Kentucky permits the retail sale of confections or candies with a liquid filling or liquid center which contain more than 0.5% but less than 5% alcohol by volume or weight.

Confections must display a label that states: “SALE OF THIS PRODUCT TO PERSONS UNDER 21 YEARS OF AGE IS UNLAWFUL.”

KY. REV. STAT. ANN. § 244.650 (2002).http://www.lrc.state.ky.us/search.htm

Kentucky prohibits the retail sale of confections or candies which contain more than 0.5% but less than 5% alcohol by volume or weight to persons less than 21 years of age.

LOUISIANA

Dr. John FichtelSupervisor of Food and DrugsFood SafetyDepartment of Health(225) 763-5524

Louisiana permits retail sale of confectionery that contains less than 10% alcohol by volume. In addition, Louisiana permits harmless coloring, harmless resinous glaze and harmless flavoring in confectionery.

Louisiana prohibits the retail sale of confectionery that contains more than 0.5% alcohol to a person under the legal age for purchasing alcoholic beverages.

Any confectionery manufactured in Louisiana that contains more than 0.5% must display a label that states: “SALE OF THIS PRODUCT TO PERSONS UNDER THE LEGAL AGE FOR PURCHASING ALCOHOLIC BEVERAGES IS UNLAWFUL.”

LA. REV. STAT. ANN. § 40:607 (2003).http://www.legis.state.la.us/lss/lss.asp?doc=98706

Louisiana prohibits the retail sale of confectionery to individuals under the age of 21 that contains more than 0.5% alcohol by volume.

MAINE

Mr. Dana FinnemoreAnalystDivision of Quality Assurance and Regulations

Maine permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from the use of flavoring extracts. In addition, Maine permits harmless coloring, harmless flavoring, and harmless resinous glaze in confectionery not in excess of 0.4% alcohol by volume.

ME. REV. STAT. ANN. tit. 22, § 2155 (2003).http://janus.state.me.us/legis/statutes/22/title22sec2155.html

No minimum

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Department of Agriculture, Food and Rural Resources(207) 287-6319

ME. REV. STAT. ANN. tit. 22, § 2155-A (2003).http://janus.state.me.us/legis/statutes/22/title22sec2155-A.html

ME. REV. STAT. ANN. tit. 22, § 2156 (2003).http://janus.state.me.us/legis/statutes/22/title22sec2156.html

MARYLAND

Jody Menikheim Section HeadDepartment of Health and Mental Hygiene(410) 767-8407

Maryland permits retail sale of confectionery that contains less than 5% alcohol by volume solely derived from flavoring extracts.

Confectionery that contains between 0.5% and 5% alcohol by volume must display a label which states:

(1) THE SALE OF THE PRODUCT TO INDIVIDUALS UNDER 21 YEARS OF AGE IS PROHIBITED; and,

(2) THE PRODUCT CONTAINS ALCOHOL UP TO 5% PER VOLUME.

MD. HEALTH-GENERAL CODE. ANN. § 21-209 (2003).http://mlis.state.md.us/cgi-win/web_statutes.exe

Maryland prohibits the retail sale of confections which contain between 0.5% and 5% alcohol by volume to individuals under 21 years of age.

MASSACHUSETTS

Beth Altman Assistant DirectorFood Protection ProgramDepartment of Public Health(617) 983-6712

Massachusetts permits the retail sale of confectionery that contains less than 1% alcohol.

MASS. GEN. LAWS ch. 270, § 8 (2003).http://www.state.ma.us/legis/laws/mgl/270%2D8.htm

No minimum

MICHIGAN

Kathy FortinSections ManagerFood and Dairy DivisionDepartment of Agriculture

Michigan permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts.

MICH. COMP. LAWS § 289.1105 (2000).http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-289-1105

No minimum

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(517) 241-2461

MINNESOTA

Gary EdwardsSupervisorFood Safety CenterEnvironmental Health Service SectionDepartment of Health(651) 215-0870

Minnesota permits retail sale of confectionery that contains less than 5% alcohol by volume where the alcohol is 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:

(1) This product may not be sold to anyone under 21 years of age; and

(2) This product contains less than 5% alcohol by volume.

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

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

21

MISSISSIPPI

Charlene BruceDirector Food ProtectionDepartment of Health(601) 576-7689

Mississippi follows the federal Food, Drug and Cosmetic Act, section 402. Under federal law, confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts is permitted.

MISS. CODE ANN. § 75-29-3 (2004).http://198.187.128.12/mississippi/lpext.dll?f=templates&fn=fs-main.htm&2.0

MISS. CODE ANN. § 75-27-1 (2004).http://198.187.128.12/mississippi/lpext.dll/Infobase/36169/36f14/36f2a?f=templates&fn=document-frame.htm&2.0

No minimum

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MISSOURI

Mary FandreyManagerEnvironmental Public Health SectionDepartment of Health(573) 751-6096

Missouri permits retail sale of confectionery that contains less than 5% alcohol by weight.

MO. REV. STAT. § 196.070 (2003).http://www.moga.state.mo.us/statutes/c100-199/1960000070.htm

No minimum

MONTANA

Howard ReidSupervisorFood and Consumer Safety SectionDepartment of Health and Human Services(406) 444-5306

Montana permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts.

MONT. CODE ANN. § 50-31-202 (2003).http://data.opi.state.mt.us/bills/mca/50/31/50-31-202.htm

No minimum

NEBRASKA

Sgt. Mark CostelloAlcohol and Tobacco Enforcement CoordinatorEnforcement DivisionLiquor Control Commission(402) 471-2571

Confections or candy containing 0.5% or less alcohol by volume are not regulated. Nebraska regulates confections or candies that contain more than 0.5% as alcoholic beverages. Alcoholic beverages are governed by the Nebraska Liquor Control Act.

Nebraska prohibits the retail sale of confections or candy that contain more than 0.5% alcohol by volume unless the manufacturer or retailer is licensed under the Nebraska Liquor Control Act.

Any confections or candy sold in Nebraska that contain more than 0.5% alcohol must display a label containing the following statement: “SALE OF THIS PRODUCT TO PERSONS UNDER THE LEGAL AGE FOR PURCHASING ALCOHOLIC LIQUOR IS UNLAWFUL.”

NEB. REV. STAT. § 53-103 (2003).http://statutes.unicam.state.ne.us/Corpus/Statutes/chap53/R5301003.html

NEB. REV. STAT. § 53-194.04 (2003).

Nebraska prohibits the retail sale of confectionery to individuals under the age of 21 that contains alcohol in excess of 0.5% by volume.

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http://statutes.unicam.state.ne.us/Corpus/Statutes/chap53/R530109404.html

NEVADAKinely GoodmanHealth OfficerState Health DivisionBureau of Health Protection ServicesDepartment of Human Services(775) 687-6353

Nevada permits the retail sale of confectionery that contains less than 4% alcohol by weight.

NEV. REV. STAT. ANN. § 585.330 (2) (2004).http://www.leg.state.nv.us/NRS/NRS-585.html#NRS585Sec350

No minimum

NEW HAMPSHIRE

Paul RaicheSupervisorBureau of Food ProtectionDepartment of Health & Social Services(603) 271-4589

The Bureau of Food Protection does not regulate alcohol content in confection. The Bureau defers to the state alcohol commission on this issue.

N.H. CODE ADMIN. R. ANN. ALCOHOLIC BEVERAGES 175:5-a (1996).http://gencourt.state.nh.us/rsa/html/XIII/175/175-5-a.htm

No minimum

NEW JERSEY

Peter DetroiaProgram ManagerFood and Drug Safety ProgramDepartment of Health(609) 588-3123

New Jersey permits the retail sale of confectionery that contains less than 5% alcohol by volume solely derived from flavoring extracts. In addition, New Jersey permits harmless coloring, harmless flavoring, and harmless resinous glaze less than 0.4% alcohol by volume. New Jersey regulates confectionery that contains more than 0.5% alcohol by volume as an alcoholic beverage.

N.J. REV. STAT. § 24:5-9 (2004).http://www.njleg.state.nj.us/Default.asp

New Jersey prohibits the sale of confectionery containing more than 0.5% alcohol by volume to individuals less than 21 years of age.

New Jersey prohibits the retail sale of confectionery to individuals under the age of 21 that contains alcohol in excess of 0.5% by volume.

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Any confectionery manufactured in New Jersey that contains more than 0.5% alcohol must display a label which states:  “SALE OF THIS PRODUCT TO PERSONS UNDER THE LEGAL AGE FOR PURCHASING ALCOHOLIC BEVERAGES IS UNLAWFUL.”

Any confectionery sold in New Jersey that contains more than 0.5% alcohol:

(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

Lorie StollerManagerFood Program Field Operations DivisionDepartment of Environment(505) 827-1400

New Mexico permits retail sale of confectionery that contains less than 2.25% alcohol by weight derived solely from flavoring extracts.

N.M. STAT. ANN. § 25-2-10 (c) (2004).http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-j.htm&2.0

No minimum

NEW YORK

Susan BishopFood InspectorDivision of Food Safety and InspectionDepartment of Agriculture & Markets(518) 457-4228

New York permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts or confectionery that contains more than 0.5% but less than 5% alcohol by volume. In addition, New York permits harmless coloring, harmless flavoring, and harmless resinous glaze not in excess of 0.4% alcohol by volume.

Confectionery containing more than 0.5% but less than 5% of alcohol by volume:

(1) Must not be sold to individuals under 21 years of age;

New York prohibits the sale of confectionery to individuals under the age of 21 that contains more than 0.5% but not more than 5% of alcohol by volume.

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(2) Must state on the label that the product contains alcohol up to 5% by volume;

(3) Must display on the label the following statement: "NOTICE: THIS PRODUCT CONTAINS ALCOHOL USED AS A FLAVORING AND, AS WITH ANY PRODUCT THAT CONTAINS ALCOHOL: (I) WOMEN SHOULD NOT CONSUME ALCOHOL DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS, AND (II) CONSUMPTION OF ALCOHOL IMPAIRS YOUR ABILITY TO DRIVE A CAR OR OPERATE MACHINERY, AND MAY CAUSE HEALTH PROBLEMS”; and

(4) Must be sold, either alone or in conjunction with other confectionery containing no alcohol or less than 0.5% alcohol by volume derived solely from flavoring extracts, in quantities of at least one-half pound or in a package or container containing at least 24 pieces.

If the confectionery is sold in bulk to be packaged by the retailer at the time of sale to a consumer, the statements required by paragraphs (2) and (3) shall appear on the box, bag or other container in which the confectionery is placed by the retailer and furnished to the consumer and the statement required by paragraph (4) shall appear either on the box, bag or other container in which the confectionery is placed by the retailer and furnished to the consumer or shall appear on a card enclosed within such box, bag or other container.

In addition, the manufacturer and/or distributor of such confectionery in bulk shall provide written notice to the retailer with each shipment (a) that the confectionery in the shipment may not be sold to individuals under 21 years of age; and (b) that the packaging in which such confectionery is furnished to the consumer must bear the statements required by paragraphs (2) and (3) of this subdivision; (c) that the statement required by paragraph (4) of this subdivision must appear on the packaging in which such confectionery is furnished to the consumer or on a card enclosed within such packaging; and (d) that the confectionery must be sold in quantities of at least one-half pound or 24 pieces.

N.Y. AGRIC. & MKTS. LAW §§ 199-A & 200 (2004).http://public.leginfo.state.ny.us/menugetf.cgi

NORTH CAROLINA

Susan GraysonBranch HeadDairy & Food Protection Branch Department of Natural Resources(919) 715-0926

North Carolina permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts.

N.C. GEN. STAT. § 106-129 (2004).http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_106/GS_106-129.html

No minimum

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NORTH DAKOTA

Kenan BullingerDirectorDivision of Food and LodgingDepartment of Health(701) 328-1292

North Dakota permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts.

N.D. CENT. CODE § 19-02.1-09 (13) (2003).http://www.state.nd.us/lr/cencode/t19.html

No minimum

OHIO

Duane MurrayFood Specialist IDivision of Food SafetyDepartment of Agriculture(614) 728-6250

Ohio permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts.

OHIO REV. CODE ANN. § 3715.59 (Anderson 2001).http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/2089d/21844/21962/219aa?

No minimum

OKLAHOMA

Ted EvansInterim ChiefHealth ServicesDepartment of Health (405) 271-5243

Oklahoma permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts.

OKLA. STAT. tit. 63 § 1-1109 (2004).http://oklegal.onenet.net/oklegal-cgi/ifetch?Oklahoma_Statutes.99+2376840617865+F

No minimum

OREGON

Mike GovroAssistant AdministratorFood Safety Division Department of Agriculture

Oregon permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts.

OR. REV. STAT. § 616.235(3)(b) (2001).http://www.leg.state.or.us/ors/616.html

No minimum

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(503) 986-4720

PENNSYLVANIA

Sheri DoveFood Program ManagerBureau of Food Safety Department of Agriculture(717) 772-8353

Pennsylvania permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts.

31 PA. CONS. STAT. § 20.3 (2003).

No minimum

RHODE ISLAND

Steve DiMaioSenior Environmental Health Foods SpecialistFood ProtectionDepartment of Health(401) 222-2750

Rhode Island permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts. In addition, Rhode Island permits harmless coloring, harmless flavoring, and harmless resinous glaze not in excess of 0.4% alcohol by volume.

R. I. GEN. LAWS § 21-31-3 (2004).http://www.rilin.state.ri.us/Statutes/TITLE21/21-31/21-31-3.HTM

R. I. GEN. LAWS § 21-31-10 (2004).http://www.rilin.state.ri.us/Statutes/TITLE21/21-31/21-31-10.HTM

No minimum

SOUTH CAROLINA

Carol Fulmer SupervisorFood and Cosmetic Section Department of Agriculture(803) 737-9705

South Carolina permits retail sale of confectionery that contains less than 0.5% alcohol by volume solely derived from flavoring extracts.

S.C. CODE ANN. § 39-25-100 (2003).http://www.scstatehouse.net/code/t39c025.htm

No minimum

SOUTH DAKOTA

Doug KozelPublic Health AdvisorHealth Protection

South Dakota prohibits retail sale of confectionery that contains any alcohol.

S.D. CODIFIED LAWS § 39-4-3 (2003).

No minimum

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BureauDepartment of Health(605) 773-3364

http://legis.state.sd.us/statutes/index.cfm?FuseAction=DisplayStatute&FindType=Statute&txtStatute=39-4-3

TENNESSEE

Rick HeinrichFood and Dairy AdministratorRegulatory Services DivisionDepartment of Agriculture(615) 837-5177

Tennessee permits retail of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts. In addition, Tennessee permits harmless coloring, harmless flavoring, and harmless resinous glaze not in excess of 0.4%.

TENN. CODE ANN. §§ 53-1-103 & 104 (2003).http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0

No minimum

TEXAS

Derek JakovichDirector of Licensing and EnforcementBureau of Food and Drug SafetyDepartment of Health(519) 719-0246

Texas permits retail sale of confectionery that contains less than 5% alcohol by volume. However, the confections must indicate, “SALE OF THIS PRODUCT TO A PERSON UNDER THE LEGAL AGE NECESSARY TO CONSUME AN ALCOHOLIC BEVERAGE IS PROHIBITED.”

In addition, confections which contain more than 0.5% alcohol derived from flavoring extracts but less than 5% alcohol by volume:

(1) May not be sold through a vending machine;

(2) May not contain liquid alcohol in a form capable of use for beverage purposes;

(3) Must indicate that the product contains less than 5% alcohol by volume; and

(4) May not be sold in a business establishment which derives less than 50% of its gross sales from the sale of confectioneries.

TEX. HEALTH & SAFETY CODE ANN. § 431.081 (2004).http://www.capitol.state.tx.us/statutes/hs.toc.htm

Texas prohibits the sale of confections or candies which contain more than 0.5% derived from flavoring extracts but less than 5% alcohol by volume or weight to persons less than 21 years of age.

State Regulations Governing Alcohol in Confectionery Page 16 of 19Prepared by Stateside Associates April 27, 2004

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UTAH

Becky ShreeveSupervisorFood Safety ProgramDepartment of Agriculture and Food(801) 538-7149

Utah permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts.

UTAH CODE ANN. § 4-5-7(3)(b) (2004).http://www.le.state.ut.us/~code/TITLE04/htm/04_05008.htm

No minimum

VERMONT

Alfred BurnsSanitarian SupervisorDivision of Health SurveillanceDepartment of Health(802) 863-7222

Vermont permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts.

VT. STAT. ANN. tit. 18, § 4059 (2003).http://198.187.128.12/vermont/lpext.dll?f=templates&fn=fs-main.htm&2.0

No minimum

VIRGINIA

James Morano Compliance ManagerFood Safety and Security Program Department of Agriculture and Consumer Services(804) 786-8899

Virginia permits retail sale of confectionery that contains less than 5% alcohol by volume.

VA. CODE ANN. § 3.1-395 (2003).http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+3.1-395

No minimum

WASHINGTON

Jim PresleyAssistant Program Manager

Washington permits retail sale of confectionery that contains any alcohol from natural or artificial alcohol flavoring less than 1% of the weight of the confection.

WASH. REV. CODE § 69.04.240 (2003).http://search.mrsc.org/nxt/gateway.dll?f=templates&fn=legpage.htm$vid=rcwwac:leg

No minimum

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Food Safety ProgramDepartment of Agriculture(360) 902-1860

WEST VIRGINIA

Linda JonesManagerSanitation DivisionOffice of Environmental Health ServicesDepartment of Public Health(304) 558-2981

West Virginia permits retail sale of confectionery that contains a mixture or compound recognized as an ordinary ingredient of food, such as alcohol.

Each and every package of confection sold containing alcohol must be distinctly labeled as to the mixture or compounds found inside, with the name and percent of each ingredient it contains.

W. VA. CODE § 16-7-2 (2003).http://129.71.164.29/wvcode/16/masterfrm2frm.htm

No minimum

WISCONSIN

Mike BarnettChief of Technical ServicesDivision of Food SafetyDepartment of Agriculture, Trade and Consumer Protection(608) 224-4716

Wisconsin permits retail sale of confectionery that contains less than 0.5% alcohol by volume derived solely from flavoring extracts.

WIS. STAT. § 97.02 (2003).http://www.legis.state.wi.us/statutes/Stat0097.pdf

WIS. STAT. § 97.10 (2003).http://www.legis.state.wi.us/statutes/Stat0097.pdf

No minimum

WYOMING

Laurie LeisManagerConsumer Health ServicesDepartment of

Wyoming follows the federal Food, Drug and Cosmetic Act, section 402. Under federal law, confectionery that contains less than 0.5% alcohol by volume, derived solely from flavoring extracts is permitted.

WYO. STAT. ANN. § 35-7-116 (2003).http://legisweb.state.wy.us/statutes/titles/TITLE35.htm

No minimum

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Agriculture(307) 777-6587

State Regulations Governing Alcohol in Confectionery Page 19 of 19Prepared by Stateside Associates April 27, 2004