Food Products Containing Alcohol

Using an alcoholic beverage as an ingredient in preparing food does not necessarily require an alcohol license. Many common recipes use beer, wine, or spirits as ingredients, and the alcohol content may be substantially reduced or eliminated during cooking. However, food products that retain alcohol may be subject to Tennessee's alcohol licensing requirements. Here's some general guidance on the topic.

When is a license not required?

Generally, food products that contain no measurable alcohol in their finished form do not require an alcohol license. For example, a restaurant preparing barbecue sauce with bourbon or cooking a dish with wine may not need an alcohol license solely because those ingredients were used, provided the finished food does not retain measurable alcohol.

Cooking can substantially reduce the amount of alcohol in food, but it does not necessarily eliminate all alcohol. The amount remaining depends on the ingredients and preparation method. Laboratory testing can determine the alcohol content of a finished product if a business needs to establish its alcohol by volume (ABV).

Tennessee law also provides an exception for certain products containing less than 0.5% ABV. This exception generally applies to products made with spirits, but the law treats beer and wine differently. Businesses should not assume that the 0.5% threshold applies to all food products made with alcoholic beverages.

What types of food products may require a license?

Food products that retain alcohol may require an appropriate alcohol license. This is particularly relevant when alcoholic beverages are added after cooking or are incorporated into products without being cooked.

Examples include alcoholic ice cream, milkshakes, and popsicles; alcohol-infused fruits; frostings containing uncooked alcohol; and candies or other products containing alcoholic beverages that are injected, poured, or added without cooking.

Whether a particular product requires a license depends on the characteristics of the finished product and any applicable statutory exceptions.

What about products approved by the federal government?

Tennessee law provides an exception for products approved by the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) as non-beverage products. If a product has received the appropriate TTB approval, it may be manufactured or sold without a TABC alcohol license.

Businesses seeking this approval should contact the TTB directly. More information is available at ttb.gov.

What if my product requires an alcohol license?

If a food product is subject to Tennessee's alcohol laws and does not qualify for an applicable exception, an appropriate license may be required to manufacture or sell it.

Depending on the circumstances, this may include a restaurant, limited manufacturer, or other type of TABC license. The appropriate license depends on the nature of the business, how the product is manufactured, and where and how it will be sold.

For more information about Tennessee's alcohol licensing requirements, visit tn.gov/abc.

FAQs

Q: Does using an alcoholic beverage as an ingredient in food require an alcohol license?

A: Not necessarily. Using an alcoholic beverage as an ingredient does not automatically require an alcohol license. Whether a license is required depends on the characteristics of the finished product, including its alcohol content and any applicable exceptions.

Q: Does a restaurant need an alcohol license to cook with beer, wine, or spirits?

A: Not necessarily. Many common recipes use alcoholic beverages as ingredients, and cooking can substantially reduce or eliminate the alcohol content. For example, a restaurant preparing barbecue sauce with bourbon or cooking a dish with wine may not need an alcohol license solely because those ingredients were used, provided the finished food does not contain measurable alcohol.

Q: What food products containing alcohol can be made or sold without an alcohol license?

A: Generally, food products that contain no measurable alcohol in their finished form do not require an alcohol license.

Tennessee law also provides two exceptions for certain products that contain alcohol:

1. Products containing less than 0.5% alcohol by volume (ABV). This exception generally applies to products made with spirits, but the law treats beer and wine differently.
2. Products approved by the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) as non-beverage products.

Q: Does cooking eliminate alcohol from food? How can I determine the alcohol content of my finished product?

A: Cooking can substantially reduce the alcohol content of food, but it does not necessarily eliminate all alcohol. The amount remaining depends on the ingredients and preparation method.

Laboratory testing can determine the alcohol content of a finished product. Businesses that are uncertain about their products' alcohol content may choose to have them tested by a private laboratory.

Q: What types of food products are more likely to require an alcohol license?

A: Products that retain alcohol, particularly those containing alcoholic beverages added after cooking or without being cooked, are more likely to require a license.

Examples include alcoholic ice cream, milkshakes, and popsicles; alcohol-infused fruits; frostings containing uncooked alcohol; and candies or other foods containing alcoholic beverages that are injected, poured, or added without cooking.

Whether a particular product requires a license depends on its characteristics and any applicable exceptions.

Q: How do I obtain TTB approval as a non-beverage product?

A: The TTB is the federal agency responsible for regulating alcohol at the national level. Tennessee law exempts products approved by the TTB as non-beverage products from state alcohol licensing requirements.

Businesses seeking this approval should contact the TTB directly. More information is available at ttb.gov.

The TABC does not routinely require businesses to provide proof of TTB approval. However, we may request documentation when there is reason to believe a product contains enough alcohol to be subject to Tennessee's licensing requirements.

Q: What if my food product requires an alcohol license?

A: If your product is subject to Tennessee's alcohol laws and does not qualify for an applicable exception, you may need an appropriate alcohol license to manufacture or sell it.

Licensing requirements depend on the nature of the business and how and where the product is manufactured and sold. More information about Tennessee's alcohol licenses is available at tn.gov/abc.