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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 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
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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
State Regulations Governing Alcohol in Confectionery Page 1 of 19Prepared by Stateside Associates April 27, 2004
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
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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
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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.
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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
State Regulations Governing Alcohol in Confectionery Page 17 of 19Prepared by Stateside Associates April 27, 2004
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
State Regulations Governing Alcohol in Confectionery Page 18 of 19Prepared by Stateside Associates April 27, 2004
Agriculture(307) 777-6587
State Regulations Governing Alcohol in Confectionery Page 19 of 19Prepared by Stateside Associates April 27, 2004