House File 2404 - Introduced
HOUSE FILE
BY DE BOEF and CARROLL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to wine, including the allowable alcohol content
2 of wine and inspection of certain wine permittees.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 123.3, subsections 5 and 37, Code
1 2 Supplement 2005, are amended to read as follows:
1 3 5. "Alcoholic liquor" or "intoxicating liquor" means the
1 4 varieties of liquor defined in subsections 3 and 33 which
1 5 contain more than five percent of alcohol by weight, beverages
1 6 made as described in subsection 7 which beverages contain more
1 7 than five percent of alcohol by weight but which are not wine
1 8 as defined in subsection 37, and every other liquid or solid,
1 9 patented or not, containing spirits and every beverage
1 10 obtained by the process described in subsection 37 containing
1 11 more than seventeen twenty=four percent alcohol by weight, and
1 12 susceptible of being consumed by a human being, for beverage
1 13 purposes. Alcohol manufactured in this state for use as fuel
1 14 pursuant to an experimental distilled spirits plant permit or
1 15 its equivalent issued by the federal bureau of alcohol,
1 16 tobacco and firearms is not an "alcoholic liquor".
1 17 37. "Wine" means any beverage containing more than five
1 18 percent but not more than seventeen twenty=four percent of
1 19 alcohol by weight obtained by the fermentation or other wine=
1 20 making processing of the natural sugar contents of fruits or
1 21 other agricultural products but excluding any product
1 22 containing alcohol derived from malt or by the distillation
1 23 process from grain, cereal, molasses or cactus.
1 24 Sec. 2. Section 123.56, subsection 6, Code 2005, is
1 25 amended to read as follows:
1 26 6. For the purposes of this section, "manufacturer"
1 27 includes only those persons who process in Iowa the fruit,
1 28 vegetables, dandelions, clover, honey, or any combination of
1 29 these ingredients, by fermentation or other wine=making
1 30 processing into wines.
1 31 Sec. 3. Section 123.173, subsection 2, Code 2005, is
1 32 amended to read as follows:
1 33 2. A class "A" wine permit allows the holder to
1 34 manufacture and sell, or sell at wholesale, in this state,
1 35 wine as defined in section 123.3, subsection 37. The holder
2 1 of a class "A" wine permit may manufacture in this state wine
2 2 having an alcoholic content greater than seventeen twenty=four
2 3 percent by weight for shipment outside this state. All class
2 4 "A" premises shall be located within the state. A class "B"
2 5 or class "B" native wine permit allows the holder to sell wine
2 6 at retail for consumption off the premises. A class "B" or
2 7 class "B" native wine permittee who also holds a class "E"
2 8 liquor control license may sell wine to class "A", class "B",
2 9 and class "C" liquor control licensees for resale for
2 10 consumption on the premises. Such wine sales shall be in
2 11 quantities of less than one case of any wine brand but not
2 12 more than one such sale shall be made to the same liquor
2 13 control licensee in a twenty=four=hour period. A class "B" or
2 14 class "B" native wine permittee shall not sell wine to other
2 15 class "B", or class "B" native wine permittees. A class "C"
2 16 native wine permit allows the holder to sell wine for
2 17 consumption on or off the premises.
2 18 Sec. 4. Section 123.182, unnumbered paragraph 2, Code
2 19 2005, is amended to read as follows:
2 20 The label on a bottle or other container in which wine is
2 21 offered for sale in this state, which label represents the
2 22 alcoholic content of the wine as being in excess of seventeen
2 23 twenty=four percent by weight, is conclusive evidence of the
2 24 alcoholic content of that wine.
2 25 Sec. 5. Section 137F.1, subsection 9, Code 2005, is
2 26 amended by adding the following new paragraph:
2 27 NEW PARAGRAPH. c. A premises covered by a class "A" wine
2 28 permit or a "B" wine permit as provided in chapter 123.
2 29 EXPLANATION
2 30 This bill concerns the allowable alcohol content of wine,
2 31 the permissible methods of making wine, and the inspection of
2 32 premises of certain wine permittees.
2 33 This bill changes the definition of wine for purposes of
2 34 the alcoholic beverage control Code chapter to allow wine
2 35 containing up to 24 percent alcohol. In addition, the bill
3 1 allows the alcohol content of wine to be obtained by wine=
3 2 making processes other than fermentation. Current law defines
3 3 wine as containing only up to 17 percent alcohol.
3 4 The bill also provides that a premises covered by a class
3 5 "A" or class "B" wine permit is not considered a food
3 6 processing plant for purposes of Code chapter 137F related to
3 7 the inspection of food establishments and food processing
3 8 plants.
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