DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 370 Reengrossed 2022 Regular Session Magee
Abstract: Provides for the self-distribution of beer and malt beverages under certain conditions.
Present law (R.S. 26:241) provides for definitions for alcohol beverage control and taxation.
Proposed law amends the definition of "manufacturer or brewer" and provides definitions for
"brewing facility" and "self-distribution".
Present law requires that sales to the public by manufacturers or brewers cannot exceed the greater
of 10% of the total amount of product brewed at that facility monthly or 250 barrels and requires all
state and parish or municipal sales and excise taxes be remitted to the proper tax collecting authority
for all products sold to the public as well as compliance with all local zoning laws and regulations.
Proposed law retains present law.
Proposed law provides requirements for self-distribution. Brewers who produce less than 93,000
gallons of beer annually may self-distribute up to 46,500 gallons of the 250 barrels allowed pursuant
to present law (R.S. 26:241) to retailers with certain Class A, Class B, and Class C permits.
Proposed law provides that brewers may self-distribute if the following conditions are met:
(1)The brewer obtains a permit to self-distribute only products brewed on site from the
commissioner.
(2)The brewer does not have an existing distribution agreement with a permitted wholesale
dealer.
(3)The brewer owns or leases warehouse space that is maintained separately from the brewing
facility.
(4)The brewer owns or leases delivery equipment dedicated for the primary use of distributing
products brewed at the brewing facility.
(5)The brewer self-distributes products at a standard price to all retailers.
(6)The brewer provides a monthly sales report to the office of alcohol and tobacco control,
which in forth publishes these monthly reports on its website. (7)Any brewer that engages in self-distribution shall be subject to the rules and regulations
contained in LAC Title 55, Part VII.
Present law (LAC Title 55, Part VII) provides for rules and regulations regarding alcohol and
tobacco control in the Louisiana Administrative Code.
Present law provides a fee schedule for those engaged in the business of dealing in malt beverages
or beverages of low alcoholic content.
Proposed law retains present law and adds that brewers engaged in self-distribution shall pay a
$1,000 permit fee.
(Amends R.S. 26:241(15); Adds R.S. 26:241(27) and (28), 242, and 271(A)(7))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Retain present law relative to sales limitations, the collection of sales and excise taxes,
and the compliance with local zoning laws.