The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Regulated Industries
BILL: SB 534
INTRODUCER: Senator Trumbull
SUBJECT: Individual Wine Containers
DATE: March 23, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Favorable
2. CM
3. RC
I. Summary:
SB 534 repeals the limits on the size of a wine container, which in current law may not hold
more than one gallon, unless the container is reusable and holds 5.16 gallons.
The effective date of the bill is July 1, 2023.
II. Present Situation:
Division of Alcoholic Beverages and Tobacco
The Division of Alcoholic Beverages and Tobacco (division) within the Department of Business
and Professional Regulation administers and enforces1 the Beverage Law,2 which regulates the
manufacture, distribution, and sale of wine, beer, and liquor.3 The division is also responsible for
the administration and enforcement of tobacco products under ch. 569, F.S.
Wine
The term “wine” means:4
all beverages made from fresh fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added, in the manner
required by the laws and regulations of the United States, and includes all
sparkling wines, champagnes, combination of the aforesaid beverages, sake,
vermouths, and like products. Sugar, flavors, and coloring materials may be added
to wine to make it conform to the consumer's taste, except that the ultimate flavor
1
Section 561.02, F.S.
2
Section 561.01(6), F.S., provides that the “Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
3
See s. 561.14, F.S.
4
Section 564.01(1), F.S.
BILL: SB 534 Page 2
or the color of the product may not be altered to imitate a beverage other than
wine or to change the character of the wine.
“Fortified wine” means all wines containing more than 17.259 percent of alcohol by volume.5
Wine Container Size Limits
Section 564.05, F.S., prohibits the sale of wine in an individual container that holds more than
one gallon (3.785 liters) of wine. However, wine may be sold in a reusable container of 5.16
gallons (19.5 liters). Distributors and manufacturers may sell wine to other distributors and
manufacturers in containers of any size. Any person who violates the prohibition in s. 564.05,
F.S., commits a second degree misdemeanor.6
Federal law specifies fill standards for wine containers.7 The wine container must be filled to
contain the quantity of wine authorized in the federal fill standards so as not to mislead the
consumer.8 The authorized standards of fill range from 50 milliliters to three liters. However, if
the fill of the wine container is four liters or larger, the container must be labeled in even liters,
e.g., four liters, five liters, etc.9 There are also several exceptions to the standard fill
requirements, including exceptions for certain imported wines in original containers, wines
bottled before specified dates, and wine packed in containers of 18 liters or more.10
III. Effect of Proposed Changes:
The bill repeals the wine container size limits in s. 564.05, F.S.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
5
Section 564.01(2), F.S.
6
Section 775.082(4), F.S., provides the penalty for a misdemeanor of the second degree is a term of imprisonment not
exceeding 60 days. Section 775.083(1)(e), F.S., provides the penalty for a misdemeanor of the second degree is a fine not to
exceed $500.
7
27 C.F.R. s. 4.70 et seq.
8
27 C.F.R. s. 4.71.
9
27 C.F.R. s. 4.72.
10
27 C.F.R. s. 4.70. The standard wine barrel is 225 liters or 59 gallons. See Wine Industry Advisor, Living Large:
Supersizing Barrels for a Subtler Impact, at: https://wineindustryadvisor.com/2020/08/11/living-large-supersizing-barrels-for-
a-subtler-impact (last visited Mar. 23, 2023).
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C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 564.05 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Statutes affected: S 534 Filed: 564.05