Mississippi Small Craft Breweries Now Need Surety Bond

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mississippi small craft breweries

Mississippi small craft breweries need to post a surety bond if they plan to sell their products (beer or wine) on the premises, for consumption on or off premises. HB 1322 took effect on July 1, 2017, and the new surety bond requirement is in addition to one already required.

Mississippi small craft breweries are those permitted to brew or manufacture beer with an alcohol by volume (ABV) of no more than 8% and wine with an ABV of no more than 5%. As defined in HB 1322, a small craft brewery manufactures or brews no more than 60,000 barrels of light wine or beer, including any brewed under contract with another beer manufacturer. Small craft breweries cannot sell at retail more than 10% or 1,500 barrels of beer or wine produced annually on site, whichever is less�not including contract-brewed beer. There are a few more rules small craft breweries must follow in order to be eligible for on-site sales:

  • Beer and wine must be available to wholesalers for purchase
  • No more than 576 ounces of beer or wine can be sold to one person in a 24-hour period
  • Beer or wine must be sold at retail only for personal use, not for resale
  • No sales of contract-brewed beer can be made
  • No beer or wine can be shipped to consumers

HB 1322 requires Mississippi small craft breweries to abide by many of the same general rules as a bar or restaurant, including prohibiting sales to intoxicated or underage persons and prohibiting sales between midnight and 7 a.m. unless the sale of alcohol is extended beyond midnight in their area.

When Mississippi small craft breweries apply for a manufacturing permit, they must already post a surety bond in an amount between $5,000 and $200,000, not to exceed the amount of 60 days’ excise tax owed by the brewery. The amount is determined by the Department of Revenue’s Mississippi State Tax Commission. HB 1322 now requires small craft breweries that manufacture and sell their products on the premises to post a separate surety bond in a similar amount, also not to exceed 60 days of excise tax owed by the brewery. The new surety bond is an assurance that the brewery will pay all excise taxes owed to the state.

Mississippi small craft breweries’ monthly excise taxes must be paid by the fifteenth of the following month, and breweries can incur fines for late or nonpayment of taxes. Read HB 1322 and consult the Mississippi Department of Revenue for full regulations.

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