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Old 05-17-2012, 01:10 PM   #1
RedBeardBrewer
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Default Can I sell my soda?

I have been doing some digging and can't seem to find much information on this. I know selling beer is a huge PITA but what requirements are there for soda that you brew in your own home?

Are there FDA regs?
Labeling regs?
State regs?

Any info you guys/gals might have would help. Have any of us on this board successfully and legally done it?

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Old 05-17-2012, 09:12 PM   #2
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Probably, probably, and definitely.

You're making a food product. Whether you'll need a licensed kitchen or a food manufacturer's license will depend on what your local health inspector wants.

I don't know where you're located, but in Missouri there is an exemption from licensing laws for selling homemade jam at a farmers' market. I also know people who have gotten kitchens at their homes licensed.

The only benefit to making soda instead of beer is that you won't be making a controlled substance, and won't need to deal with the TTB. However, after looking into opening a winery, the TTB was the easiest part of the process to deal with, and all of my headaches were coming from my state and local inspectors.

But, while compliance turned out to be way more trouble than it was worth, my local health inspector was as helpful as he could've been, so give yours a call and see what they say.

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Old 05-18-2012, 03:52 PM   #3
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Quote:
Originally Posted by Nateo
Probably, probably, and definitely.

You're making a food product. Whether you'll need a licensed kitchen or a food manufacturer's license will depend on what your local health inspector wants.

I don't know where you're located, but in Missouri there is an exemption from licensing laws for selling homemade jam at a farmers' market. I also know people who have gotten kitchens at their homes licensed.

The only benefit to making soda instead of beer is that you won't be making a controlled substance, and won't need to deal with the TTB. However, after looking into opening a winery, the TTB was the easiest part of the process to deal with, and all of my headaches were coming from my state and local inspectors.

But, while compliance turned out to be way more trouble than it was worth, my local health inspector was as helpful as he could've been, so give yours a call and see what they say.
What about if you are carbonating it naturally with yeast? I know that it makes a very small amount of alcohol, but the amount equates to that in kombucha that they sell readily in stores. Still, I am wondering if it would be difficult to sell the soda if it was carbonated with yeast.
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Old 05-19-2012, 02:34 AM   #4
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Generally, the threshold is <0.5% ABV is not "alcohol" as far as the liquor board is concerned. That may vary from state to state. Regardless, you still need all of the licenses and such for food manufacturers.

I know of wineries on the west coast that don't even have handwashing sinks, so you might be surprised how stringent the regulations regarding food manufacturing really are, and how lax the liquor regulations potentially are (depending on your state).

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