The State Liquor Authority, through the Alcoholic Beverage Control Law (“ABCL”), regulates the manufacture, sale and distribution of alcoholic beverages throughout the state. As defined in ABCL §3(1), an alcoholic beverage includes any liquid, solid, powder or crystal that: 1) contains alcohol, spirits, wine or beer; and 2) is capable of being consumed by a human being. Under this definition, an alcoholic beverage includes not only “beverages” but food items. Although not specifically set forth in the ABCL, the Authority has adopted the federal standard that an item containing less than one-half of one percent (0.5%) alcohol by volume is not an
Even if an item has an alcohol content of one-half of one percent (0.5%) or more by volume, it may still be exempted from the definition of “alcoholic beverage” and, as a result, the manufacture, sale and distribution of the item is not subject to the ABCL.
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