New Jersey Brewery Regulations: Extension Granted for Compliance

Alcoholic Beverage Control Delays Enforcement, Offers Respite to Local Breweries Until January 2024

MORRISTOWN, NJ - The Division of Alcoholic Beverage Control (ABC) in New Jersey has provided a significant update for limited brewery license holders and Temporary Authorization Permit (TAP) holders. The enforcement of specific brewery operation guidelines, initially set for December 31, 2023, has been extended to January 16, 2024. This decision, announced by Director James Graziano, aims to accommodate ongoing legislative discussions that directly impact the brewery industry.

The Division's original notice, issued on June 30, 2023, had deferred the enforcement of the Special Ruling Authorizing Certain Activities by Holders of Limited Brewery Licenses and related conditions through the end of 2023. This deferment was a response to the then-pending legislation S3038/A4630, which proposed significant changes to the privileges of craft manufacturers.

However, the landscape shifted when Governor Murphy conditionally vetoed the bill, sending it back to the Legislature for further deliberation. In light of these developments, the Division has extended the enforcement deadline to mid-January 2024, providing a temporary reprieve for breweries operating under these licenses and permits.

The Division emphasizes its readiness to adapt its regulatory policies based on the legislative outcome, including the potential withdrawal or modification of the Special Ruling. This adaptive approach also entails revising or eliminating some of the special conditions imposed on licenses and TAPs and initiating rulemaking as required.

In the interim, breweries are expected to adhere to the statutory requirements outlined in N.J.S.A. 33:1-10(1)(b) and other relevant stipulations under the Alcoholic Beverage Control Act, except where exceptions are stated in the December 28, 2023 Notice and the Special Ruling.

This extension offers a critical period for brewery owners to align with the evolving regulatory landscape and for lawmakers to finalize the legislative framework governing the industry. As the situation develops, the Division promises to provide further guidance, ensuring a smooth transition for all stakeholders involved.