{"id":1295,"date":"2021-06-01T12:00:00","date_gmt":"2021-06-01T12:00:00","guid":{"rendered":"https:\/\/pdisoftwareprd.wpengine.com\/?p=1295"},"modified":"2022-12-12T15:57:23","modified_gmt":"2022-12-12T15:57:23","slug":"selling-tobacco-alcohol-rules","status":"publish","type":"post","link":"https:\/\/pditechnologies.com\/blog\/selling-tobacco-alcohol-rules\/","title":{"rendered":"The Latest Rules for Selling Tobacco and Alcohol"},"content":{"rendered":"\n

In the United States, the rules for selling alcohol and tobacco products are a tangled web of federal guidelines, state and local laws, and self-imposed industry standards.<\/p>\n\n\n\n

For brands and retailers, staying on top of it all can feel overwhelming, to say the least. But it\u2019s nonetheless critical.<\/p>\n\n\n\n

So we rounded up this guide featuring the newest rules for selling alcohol and tobacco in the U.S. in 2021, plus some tips on how to promote them responsibly.<\/p>\n\n\n\n

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1. Selling alcohol in the U.S.<\/h3>\n\n\n\n
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Newest Federal and State Rules for Alcohol<\/h4>\n\n\n\n

Some of the biggest changes to the alcohol industry this year (2021) are largely due to the pandemic. Many states enacted emergency provisions loosening restrictions on alcohol delivery, take-out, and outdoor consumption \u2014 and now some state legislatures are considering making them permanent.<\/p>\n\n\n\n

In Maryland, for example, Governor Larry Hogan issued an executive order<\/a> expanding alcoholic beverage delivery and carryout services on March 19, 2020. The order remains effective until the termination of the state of emergency (just announced to be on July 4, 2021) and rescission of the proclamation of a catastrophic health emergency.<\/p>\n\n\n\n

On April 12, 2021, the Maryland legislature passed Senate Bill 205 and House Bill 12 which authorizes local alcoholic beverages licensing boards to temporarily adopt regulations authorizing license holders to provide alcoholic beverages by delivery or sale for off-premises consumption.<\/p>\n\n\n\n

Similarly, the California Department of Alcoholic Beverage Control (ABC) enacted temporary emergency measures allowing restaurants and bars to serve alcohol outdoors in adjacent and shared spaces. And like Maryland, the California legislature voted in April<\/a> to extend the emergency measures.<\/p>\n\n\n\n

Senator Scott Wiener\u2019s legislation<\/a>, Senate Bill 314 (the Bar and Restaurant Recovery Act) and Senate Bill 793 (the Entertainment Venue Recovery Act) passed with bipartisan unanimous votes.<\/p>\n\n\n\n

The Bar and Restaurant Recovery Act will create more flexibility in how establishments can serve alcohol, including where they can serve and how they can share spaces with other businesses. For example, making permanent the popular and successful outdoor dining and parklet regulations currently in place because of the pandemic.<\/p>\n\n\n\n

And the Entertainment Venue Recovery Act creates a new music entertainment venue license in order to reduce the burden on these venues. Venues must currently conform to the qualifications of a restaurant license, even though many do not fit into that category.<\/p>\n\n\n\n

The bill will also allow localities to zone for \u201centertainment zone open container areas\u201d, creating spaces for increased business.<\/p>\n\n\n\n

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Newest Social Media Rules for Alcohol<\/h4>\n\n\n\n

Another big change to the alcohol industry came not from the government, but from social media. TikTok announced new community guidelines<\/a> in January 2020, including a new ban on videos depicting minors \u201cconsuming, possessing, or suspected of consuming alcoholic beverages, drugs, or tobacco.\u201d<\/p>\n\n\n\n

This is in addition to the platform\u2019s blanket ban of \u201cads promoting alcoholic beverages (wine, beer, spirits, etc.), alcohol clubs\/subscription services, alcohol making kids, or alcohol sponsored events.\u201d<\/p>\n\n\n\n

TikTok is the only social media platform to completely ban alcohol ads, likely due to its infamously young user base. In August 2020, for example, the New York Times reported<\/a> that an internal TikTok document showed around a third of the platform\u2019s daily active users were under 14 years old.<\/p>\n\n\n\n

Other social media sites like Facebook, Instagram, Twitter, and Snapchat allow alcohol ads with certain restrictions. (This article<\/a> has a good breakdown of each platform\u2019s policies if you want the nitty-gritty.)<\/p>\n\n\n\n

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2. Selling Tobacco in the US<\/h3>\n\n\n\n
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Showcase of a ukrainian cigarette kiosk with food at night. Kyiv, Ukraine – Apr. 2021<\/figcaption><\/figure>\n\n\n\n
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Newest Federal and State Rules for Tobacco<\/h4>\n\n\n\n

The most sweeping change to the tobacco industry of late was the Tobacco 21 regulation (T21), passed on December 20, 2019. This federal legislation amended the Federal Food, Drug, and Cosmetic Act, raising the federal minimum age of sale of tobacco products from 18 to 21.<\/p>\n\n\n\n

They enacted this legislation mainly in response to the national outbreak of lung injuries caused by vaping (known as EVALI) in the summer of 2019, which was responsible for 2,807 hospitalization cases or deaths<\/a> as reported to the CDC.<\/p>\n\n\n\n

Since the passage of T21, many states have been playing catchup to get in line with the federal law. Here\u2019s a roundup of recent changes at the state level as reported by CS News<\/a> in May 2021:<\/p>\n\n\n\n