My wife keeps wondering if we, hypothetically, were to open a bakery or some other food related business that made food with beer (like beer bread, beer chili, beer cupcakes, etc) - and we wanted to brew the beer that we used to cook with - would we need a brewery license or could we basically homebrew and use that.
My logic: We’d be a commercial business making beer, so yes we’d need a license even if it’s not consumed. But then, another thread about honey vinegar made me wonder.
Her logic: The beer is an ingredient and we’re not selling or serving it directly to anyone, so we should not.
Of course, we both kind of agree that this situation might not be realistic. Who’d want to own a brewery that can’t serve beer - and customers would likely be disappointed if they can buy products made with your beer but can’t actually drink your beer. Still, I’m curious.
Isn’t it sort of like growing your own tomatoes for a tomato soup? Your not selling the beer as “beer”. So it makes since to me that you wouldn’t need a license. However, my opinion means absolutely nothing when it comes to matters of the law.
I think the problem for the homebrewing is that you are selling the beer to the food company.
On the other hand, there is such a thing as wine for cooking which is basically wine with a lot of salt that does not appear to be regulated when sold to consumers, but might be regulated while made.
You are potentially regulated by both the Delaware and the feds. You have to look at the specifics of both Delaware and federal law. You could write a letter to the relevant authority in Delaware to get their interpretation.
something to consider is that it’s not actually that difficult or expensive to get licensed as a brewer. The barriers to entry into the industry have to do with other economic factors of starting up and making a living from the beer you brew. The federal licensing doesn’t cost a dime. The only expenditure associated with it is the brewers bond. State and local fees vary but are often not all that large. Vermont for example is around $150.00. Calfornia, around $200.00.
In Arkansas it is around $500.00 to get your native brewer’s license and if you can pass health inspections for a bakery you would certainly pass for a brewery.
Interesting hypothetical question :o I think you would not have to have a license. Here’s why. Let’s say you made your beer bread or beer battered fish and chips with commercial beer. Since technically you are “serving” beer… Would you need an alcohol license and be required to buy your beer through a distributor since you are a “commercial” enterprise? Pretty ridiculous. The other technical point is that the food products wouldn’t contain any alcohol. The alcohol would be cooked off…thus you aren’t selling alcohol. I agree with your wife the beer is an ingredient…homebrew or commercial.
While logically that would make sense but we are taking about the government. I certainly think a licenses would be needed. If you use commercial beer you are buying it from a company that already has a licenses and meets government regs. It’s not just about the alcohol, it’s also about insuring that a food product meets regs.
That’s not something I’ve researched, so I can’t provide my professional opinion on this one, but it seems like the production of beer is a necessary and indivisible part of the bakery so you are commercially brewing within the confines of the bakery and that would make it subject to licensing. Unlike growing your own vegetables, all alcoholic production is regulated. You must receive a license to brew beer or meet the homebrewing exception. If you do not get licensed then you would have to meet the homebrewing exception. Since you are not brewing this beer for consumption within your own household then it probably does not meet the exception.
Might be easier to find a local brewery to contract brew a small batch of your recipe for use in the bakery.
there are 0 federal food safety regs regarding beer production. so long as they get their tax money they are happy. There may be local food safety regs and they may or may not apply to a brewery but they will for sure apply to a bakery.
That is interesting point but it is pretty much straight forward.
As long as you are making fermented malt beverage NOT for your own consumption, you need to pay tax on it / have a license. There is no wiggle room. Federal government supersedes any state and local ordinances. This means that state/ local government can make it more restrictive but NOT less restrictive.
(gals included too).