By Peter A. Berdon as seen on thebeveragejournal.com
Over the past five years the number of Connecticut beer manufacturers has increased more than 300 percent and less than a handful of distilleries has grown to nearly two dozen. In support of Connecticut’s burgeoning craft industry, Connecticut’s Legislature adopted two significant legislative initiatives. The first is the Farm Brewery Permit, PA 17-160 and the other is the Farm Distillery Permit 17-232. Both bills will enhance the consumer experience and support the further development of Connecticut craft products.
Farm Brewery Permit, Public Act 17-160
- Statute. CGS Section 30-16(f) sets forth the permit requirements.
- Limited Production. A Farm Brewery Permit operator may do all activities permitted under the manufacturer permit but production may not exceed 75,000 gallons (just over 2,400 bbl) of beer per calendar year.
- Farm requirement. The statute requires that the permitted premises be located on a “farm”; however, the statute does not define what constitutes a farm.
- State Connection. The statute requires that not less than fifty percent (twenty five percent during the first year) of the “… hops, barley, cereal grains, honey flowers or other fermentables [be] grown or malted within the state…” Because this requirement can be satisfied by merely malting the grains in the state, the ingredients of the beer could be entirely grown outside of the state. Additionally, Furthermore, the statute fails to define how the percentage calculation is to be determined – that is by weight or by volume. Hopefully the Department of Consumer Protection will provide guidance on this calculation.
- “Connecticut Craft Beer” designation. A Connecticut farm brewery operator may designate its beer as Connecticut Craft Beer.
- Sales. On premises consumption is permitted as are sales for off premises consumption. Similar to the restrictions placed on beer manufacturers and brew pubs, sales for off premises consumption are limited to nine liters per person per day. T
- Hours. The hours during which sales for off premises consumption are permitted are the same as those for package stores. The statute is silent as to the hours of operation for on premises consumption, although a cautious operator will adhere to the hours set forth in CGS section 30-91 (hours for restaurants and cafes) or those of the town in which the premises is located, whichever are more restrictive.
- Farmer’s Markets. Sales at farmer’s markets are permitted provided the operator has obtained a farmer market beer sales permit. The amount of beer that can be sold at a farmers market has been increased from five liters to seven liters per person per day.
- “Connecticut Craft Beer” designation. A Connecticut farm brewery operator may designate its beer as Connecticut Craft Beer.
- Fee. The annual fee for a Farm Brewery Permit is $300 per year.
Farm Distillery Permit, Public Act 17-232.
- Statute. CGS Section 30-16(h) sets for the permit requirements.
- Limited Production. A Farm Distillery Permit operator may do all activities permitted under the manufacturer permit but production may not exceed 10,000 gallons of distilled liquor per calendar year.
- Farm requirement. The statute requires that the permitted premises be located on a “farm”; however, the statute does not define what constitutes a farm.
- State Connection. The statute requires that not less than twenty five percent of the “crops” used in the manufacture of the distilled spirit be grown on the permit premises or on property under the ownership or control of the operator. The statute does permit the percentage of farm grown products to be averaged over a five year period, using the two highest years.
- Acreage. If the Farm distillery permit premises has more than one parcel it must have five or more acres. No minimum acreage requirement is placed upon premises consisting of a single parcel.
- Sales. On premises consumption limited to the offering of free samples, not to exceed 2 oz. per person per day. Sales for off premises consumption are permitted, but quantities are limited to four and one half liters per day per person.
- Hours. The statute is silent as to the hours during which sales for off premises consumption are permitted or on-premises tastings A cautious operator will adhere to the hours set forth in CGS section 30-16(a) or those of the town in which the premises is located, which ever are more restrictive.
- Fee. The annual fee for a Farm Brewery Permit is $300 per year.