ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2844: wineries; microbreweries; distilled spirits

Sponsor:  Representative Weninger, LD 17

Committee on Commerce

Overview

Modifies unlawful act relating to removing beer from the premises and exempts spirituous liquor from DHS rules governing food safety and inspection.

History

The Department of Liquor Licenses and Control issues licenses to microbreweries, farm wineries and craft distillers. A licensee may not generally allow spirituous liquor to be removed from the licensed premises, but there is an exception for bars, liquor stores, microbreweries and permitted restaurants if they sell up to one gallon of beer and do not dispense it through a drive-through or walk-up service window (A.R.S. § 4-244).

The Department of Health Services (DHS) issues rules that require reasonably necessary standards for food and drink for human consumption. These standards govern sanitary production facilities, warehouses and restaurants, as well as trucks or other vehicles involved in the transportation of food and drink. Some food and drink is statutorily exempted from these DHS rules (A.R.S. § 36-136).

Beer is any beverage that is obtained by alcoholic fermentation or infusion of barley malt, hops or other non-drinkable ingredients, or any combination of them (A.R.S. § 4-101).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteModifies the definition of beer as follows:

a)   Includes the fermentation or infusion of rice, bran, grain, glucose, sugar, molasses, including combinations of the products as well as honey, fruit, its juice or concentrate, herbs, spices and other food materials.

b)   Includes beer aged in an empty wooden barrel previously used to contain wine or distilled spirits and thus is not a dilution or mixture of spirituous liquor.  (Sec. 1)

 

2.   Allows one-gallon containers for beer to be dispensed at a tap by going through a drive-thru or walk-up service window.  (Sec. 2)

3.   Exempts, from DHS rules governing food safety and inspection, spirituous liquor produced on the premises in the area of production and manufacturing provided there is a federal active basic permit on file.

a)   Extends the exemption to the areas licensed by DLLC as a microbrewery, farm winery or craft distillery that is open to the public and serves spirituous liquor and commercially prepackaged food, crackers or pretzels for consumption on the premises.

b)   Prohibits the producers from allowing a cup, glass or other receptacle for common use, which is a defined term.  (Sec. 3)

4.   Exempts spirituous liquor and commercially prepackaged food, crackers or pretzels from DHS food safety regulation and inspection until DHS adopts such exemptions in rule. (Sec. 1)

5.   Makes technical and conforming changes.  (Sec. 1-4)

 

 

 

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                        HB 2844

Initials PRB     Page 0 Commerce

 

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