Florida Alcohol Division Probing Sale of Herbal Tinctures

ORLANDO, FLThe Florida Division of Alcoholic Beverages and Tobacco (ABT) is said to be investigating the retail sale of herbal tinctures.

In at least three stores, agents have warned retailers that they are violating Florida law by selling herbal tinctures without a valid alcohol beverage license and could face civil or criminal charges if they continue to sell the products, the American Herbal Products Association (AHPA) recently announced.

The inspections in recent weeks may be limited to ABT agents from the agency's Orlando office, AHPA said.

According to an article from www.livingawareness.com, "Tinctures are concentrated herbal preparations where the medicinal qualities of an herb are extracted into liquid form."  

In a press release, AHPA noted the Florida retailers have removed the herbal tinctures from their shelves after receiving the warnings.

"AHPA believes that these warnings represent a misunderstanding of the relevant Florida law," the association stated. "While this law defines alcoholic beverages to include 'all beverages containing one-half of 1 percent or more alcohol,' it specifically exempts proprietary and other products that are 'unfit for beverage purposes.'"

According to AHPA, the U.S. Alcohol and Tobacco Tax and Trade Bureau has approved many of its members' tinctures, which are labeled as herbal supplements, as non-beverage products in connection with receiving "excise tax drawbacks".

Some retailers also make tinctures that are not suitable for beverage use, AHPA said. Tony Young, AHPA's general counsel, maintained Florida's alcoholic beverage law should not apply to such products.

"We have now explained this to Florida ABT and have encouraged ABT to clarify with its agents that herbal tinctures not suitable for beverage use are exempt from ABT jurisdiction," Young of the Washington, D.C.-based law firm Kleinfeld, Kaplan and Becker said in a statement. "We will continue our communications until this issue is resolved."

INSIDER reached out to Samantha Stratton, an ABT spokeswoman, for comment. Stratton said Tuesday she would look into the matter but she did not have an immediate comment.

The Director of ABT's Enforcement Branch has informed AHPA's counsel it is seeking to determine what prompted the recent inspections, the association said.

Guidance for Retailers

AHPA is providing guidance to Florida retailers selling herbal tinctures, although the association cautions that its document does not constitute legal advice.

If a Florida retailer selling herbal tinctures has not been inspected by ABT or received an official notice from the agency, AHPA suggests that the business place a temporary sign near the products with the following language: "The herbal tinctures sold in this store are unfit for beverage purposes."

"If an ABT inspector visits your store, state your understanding that the herbal tinctures you sell are unfit for beverage purposes and are considered nonbeverage products," AHPA advises in the document. "If the inspector nonetheless insists on giving you a warning, you may want to remove the herbal tinctures from sale until this issue is resolved statewide."

AHPA has made a different recommendation if a retailer has received official notice from ABT. It suggests that the business contact the ABT District Supervisor listed on the notice, stating that the herbal tinctures sold are unfit for beverage uses, and requesting clarification as to whether or not the agency agrees with that position.