Do You Need a License to Sell Non-Alcoholic Drinks?
Federally, drinks under 0.5% alcohol by volume are not alcohol beverages, so TTB generally does not regulate them. FDA requires facilities that make, process, pack or hold food for US consumption to register. We found no single official rule on state or local licenses, which vary.
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Bottle Sizes and Shots Chart (PDF): Every legal US bottle size for spirits and wine: fluid ounces, 1.5 oz shots (= standard drinks), 5 oz glasses and UK units. 50 rows, each with its source.
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Alcohol rules (TTB)
TTB says finished beverages with less than 0.5% ABV are not considered alcohol beverages under federal regulations. They can be labeled alcohol free (0.0% ABV) or non-alcoholic (less than 0.5% ABV). TTB lists them as not taxable under the Internal Revenue Code, not required to be made on bonded premises if the product never reaches 0.5% ABV, and not subject to the health warning statement. It adds that generally these products are not subject to TTB regulations, with some exceptions.
One exception to watch: a drink that reaches 0.5% ABV during production, such as a dealcoholized beer, can fall under TTB rules, so check with TTB first.
Food rules (FDA)
FDA says facilities engaged in manufacturing, processing, packing or holding food for consumption in the United States must register and renew every other year. FDA’s page lists food and beverages as regulated products but does not say whether your type of business is exempt.
State and local rules
We did not find an official page that covers business licenses, health permits or sales tax permits for non-alcoholic drinks. These are set by your state, county or city. Ask your local health department or a business adviser. See also laws and travel.
People also ask
Are non-alcoholic drinks regulated by TTB?
TTB says products under 0.5% ABV are generally not subject to TTB regulations, with some exceptions.
Do I need to register with FDA?
FDA requires registration for facilities that manufacture, process, pack or hold food for US consumption. Check FDA's page for your case.
Do states require a license?
We found no official statewide answer. Ask your state and local health authorities.
Sources
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