I am taking off my advocate’s hat for this blog post 🙂
Readers should be aware that currently, the California ABC classifies cider as wine. That means retailers with beer-only licenses cannot not possess or sell cider without risking an enforcement action by the ABC. And producers and wholesalers cannot sell cider to beer-only retailers without the same risk.
The California definitions of beer and wine do not compel this classification. And there are many ways in which cider is very different from wine. Plus, there is real-world evidence that many businesses in the industry are either confused by or unaware of the ABC’s position on this topic, and may not appreciate the risk they are taking on when they sell cider to certain customers.
On Friday, I filed a writ petition asking the California Court of Appeal to review the statutory definitions of beer and wine, and consider whether the ABC needs to engage in a more formal rulemaking process if it wants to continue enforcing its interpretation of cider.
We shall see whether the Court takes up this question. But in the meantime, California licensees should be aware of the ABC’s enforcement policy, which has led to enforcement actions against several California businesses.
