TABC Type Question

[WildBill]

This isn't a post about intoxication or posting 51% signs, but about the legal definition of an alcoholic beverage.

The Texas Alcoholic Beverage Code http://www.statutes.legis.state.tx.us/D ... m/AL.1.htm does a
good job of defining the various types of alcoholic beverages, but I have a question about products containing
alcohol such as Angostura bitters and Underberg - both contain about 40 %{v/v} alcohol.

I have read that they are not legally alcoholic beverages, but food additives since that can be added
in small amounts to flavor foods. I suspect that vanilla extract, almond flavoring, etc fall under the
same category, but I can't find anything pointing regulations. I know that I haven't ever been asked for ID
for purchasing these items and they are in the baking aisle at the grocery store rather than with the wine and beer.
I have also seen chocolate candies with liquid centers filled with various brandy, whiskey, Kaluha, etc.

Does any one know more about this topic?

[Skiprr]

No help here, but an interesting question I've never really thought about. Add to it that, in the U.S., beer that contains less than 0.5% alcohol by volume can legally be labeled non-alcoholic (in Germany, it's 0.5% alcohol by weight, not volume; so a beer that has around 0.625% can be labeled alkoholfrei in Germany).

And a quick Google search turned up this: http://www.recoverytoday.net/October_2008/scott.html. Who knew? Teriyaki sauce, mustards, salsa, spaghetti sauce, stuffed olives, and French onion soup? Most admittedly, at best, have a miniscule alcohol content, but gives you second thoughts about the menu if you're having Sikhs, Mormons, Buddhists, or Seventh-day Adventists over for dinner.

[WildBill]

No help here, but an interesting question I've never really thought about. Add to it that, in the U.S., beer that contains less than 0.5% alcohol by volume can legally be labeled non-alcoholic (in Germany, it's 0.5% alcohol by weight, not volume; so a beer that has around 0.625% can be labeled alkoholfrei in Germany).

And a quick Google search turned up this: http://www.recoverytoday.net/October_2008/scott.html. Who knew? Teriyaki sauce, mustards, salsa, spaghetti sauce, stuffed olives, and French onion soup? Most admittedly, at best, have a miniscule alcohol content, but gives you second thoughts about the menu if you're having Sikhs, Mormons, Buddhists, or Seventh-day Adventists over for dinner.

I sent a PM to SRothstein. I am sure he will know.

[WildBill]

Who knew? Teriyaki sauce, mustards, salsa, spaghetti sauce, stuffed olives, and French onion soup? Most admittedly, at best, have a miniscule alcohol content, but gives you second thoughts about the menu if you're having Sikhs, Mormons, Buddhists, or Seventh-day Adventists over for dinner.

Many years ago I worked at a winery in California. Their laws for wine making are very strict. One thing I found out is that when the grape were harvested [usually during at hot day] by the time that they got to the winery they had already started to ferment.
Taking this a step further, I would not be surprised if all of the commercially produced grape juice available in stores has a trace of alcohol in it. Chemists have come a long way analyzing trace amounts of many chemical compounds.

[Jusme]

The TABC defines an alcoholic beverage as one that is designed for drinking as a beverage. Cooking Sherry and any other liquid such as vanilla extract etc..are not created as beverages, therefore not regulated by the TABC

[srothstein]

Jusme has the right answer. The Alcoholic beverage Code says:

Sec. 1.04. DEFINITIONS. In this code:

(1) "Alcoholic beverage" means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

The interesting part is how people and the courts have interpreted "capable of use for beverage purposes". Almost any liquid is capable of being drunk, but we still don't consider a lot of alcoholic liquids as beverages. After all, rubbing alcohol is sold to anyone. The liquids designed more for cooking, that have recognizable alcohol content, such as the cooking sherry Jusme mentioned, are also not considered capable of being a beverage.

But, by the same token, the powdered alcohol (kind of dehydrated alcohol) that is being sold (in Japan right now) is considered a beverage even though it is a powder, because it is sold for the purpose of mixing with water to reconstitute it, according to US legal experts. The Japanese company selling it is selling ti only to commercial restaurants right now for use in cooking.

[WildBill]

Justme and Steve - Thanks for your responses. I don't know how I missed the definition in Section 1.04
Bitters are not designed to be consumed as a beverage.
Now I won't have to be concerned about being arrested for having an open container of bitters.

Just for clarification, alcohol in TABC language means ethyl alcohol [AKA ethanol]. That is my assumption.
Rubbing alcohol is 70% isopropyl alcohol and is toxic to drink.
The cooking wines like sherry, mirin are wines with about 1.5% added salt [and other spices] added to them.
You could drink them straight, but you would be very sorry.

I never heard about the powdered alcohol.
I'll have to do some more research on it.

Edited: I just did a search for the "powdered alcohol".
It is actually alcohol [with flavorings, sweetener, etc] that is micro encapsulated in maltodextrin.
When added to another liquid [including booze], the alcohol and flavorings are released into the beverage.
It's an interesting idea. Probably just a fad, but we shall see.

[MeMelYup]

What is Vanilla? Vanilla is used in some alcoholic drinks for flavoring. It is used in cakes, coockies, ice creams, breads and other prepared foods. It's made up of vanilla beans from Mexico, Tahiti, Madagascar, Africa and other places, combined with an alcoholic beverage, Vodka, Rum, Brandy, and others. (For information go to https://www.beanilla.com). McCormics vanilla extract is 14%. Some of your Mexican vanilla can be more than that, depending on what alcohol was used.

Does this mean that if a person is carrying they cannot eat cake?

[Jusme]

What is Vanilla? Vanilla is used in some alcoholic drinks for flavoring. It is used in cakes, coockies, ice creams, breads and other prepared foods. It's made up of vanilla beans from Mexico, Tahiti, Madagascar, Africa and other places, combined with an alcoholic beverage, Vodka, Rum, Brandy, and others. (For information go to https://www.beanilla.com). McCormics vanilla extract is 14%. Some of your Mexican vanilla can be more than that, depending on what alcohol was used.

Does this mean that if a person is carrying they cannot eat cake?

Any alcohol in vanilla extract is evaporated during the cooking process. Also, since it is not considered a beverage by the TABC, no matter how it is formulated, it is not regulated. Mouthwash is the same way, a person could conceivably drink enough to become intoxicated. The issue isn't what type of alcohol a person is under the influence of, if you are carrying and found to be intoxicated, (because blood and breath tests don't differentiate between Coors and Scope) you are still in violation.