Section 28-3A-20.3
On-premises licensees authorized to make, store, and sell infused products made from distilled spirits.
(a) An on-premises retail licensee may make, store, and sell infusions for on-premises consumption.
(b) As used in this section, infusion means an alcoholic beverage that is created by combining or mixing one distilled spirit with nonalcoholic food products and is not intended for immediate consumption. A nonalcoholic food product includes the following: Spices, herbs, fruits, vegetables, candy, or other substances intended for human consumption, provided that no additional fermentation occurs and none of the additives contain any additional alcohol.
(c) Any retail on-premises licensee intending to produce, store, or sell infusions shall provide written notification to the board of that intent.
(d) The container holding an infusion shall be no larger than five gallons.
(e) A batch of infused product shall satisfy all of the following:
(1) Be infused, stored, and consumed only on the licensed premises.
(2) Be labeled with all of the following information:
a. A statement that the infused product contains alcohol.
b. A title for the recipe.
c. The name of the person who prepared the batch of infused product.
d. The date the batch of infused product was produced.
e. The expiration date of the batch of infused product.
f. The brand and type of spirits used to prepare the batch of infused product.
g. The amount of spirits used to prepare the batch of infused product.
h. A detailed and comprehensive list of all ingredients used to prepare the batch of infused product.
(3) Comply with all applicable state and federal food safety regulations.
(4) Be disposed of within 22 days after being prepared.
(f) A batch of infused product may not:
(1) Contain any added stimulant, drug, or illegal substance including, but not limited to, caffeine, guarana, ginseng, taurine, marijuana, or any product or beverage which includes stimulants that are not naturally included in the infused product or beverage including, but not limited to, an energy drink.
(2) Be removed or transported from the licensed premises.
(3) Be infused in, stored in, or dispensed from an original package of liquor, or container bearing an alcoholic beverage name brand.
(g) The board may adopt rules to implement this section.
(Act 2019-492, §1.)