If South Dakota bakers want to sell alcohol-infused confections, it’ll take a change in state law.
Policymakers in Pierre and Sioux Falls have been fervently working toward that this week after a cupcake maker here ceased operations to comply with a century-old ban on alcohol-infused food products.
Councilor Christine Erickson, who’s been working with state Sen. Deb Peters to get the law changed while legislators are in Pierre, shared details of what the planned bill will look like.
“This isn’t isolated to Intoxibakes,” she said of the Sioux Falls company that shined a light on the antiquated law. “We’ve got lots of calls from people that had been doing this all over the state.”
Erickson said the proposal, which would come in the form of a hog house amendment to a bill originally crafted for other purposes, would cap the amount of alcohol content in food at .5 percent, which mirrors the laws of at least a dozen other states, including Iowa and Minnesota.
In the case of frosting or icing, the portion of Intoxibakes’ products at issue, Erickson said the .5 percent limit equates to 1 ⅔ ounces of alcohol for every gallon produced.
Bringing boozy treats out of the black market will also require lawmakers strike spirits and malts from the state’s list of “adulterated” food, which typically refers to food tainted with dangerous substances like E. coli, metal shavings or rat poison.
“They wouldn’t be considered adulterated anymore so (the bakers) could actually deliver now too,” Erickson said of what the proposal would do if passed