Quality Dairy Farms, Inc., owner/operator of Mercer’s Dairy Docket Number DS 2010-045.; The Petitioners request a declaratory statement inquiring whether Mercer’s Wine Ice Cream, a product marketed as a solid, frozen dessert, yet flavored with real ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN THAT the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation has received the petition for declaratory statement from Quality Dairy Farms, Inc., owner/operator of Mercer’s Dairy Docket Number DS 2010-045.The petition seeks the agency's opinion as to the applicability of Section 561.01(4)(a), Florida Statutes, as it applies to the petitioner.
The Petitioners request a declaratory statement inquiring whether Mercer’s Wine Ice Cream, a product marketed as a solid, frozen dessert, yet flavored with real wine and containing more than one half of 1 percent alcohol by volume, can be classified as a nonbeverage product in accordance with Section 561.01(4)(a), Florida Statutes; and, based on the use of wine primarily as a flavoring and the marketing of the product only for consumption as a solid dessert, whether the Division can relinquish its jurisdiction over said product.
A copy of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2217.
Please refer all comments to: Michael Ross, Assistant General Counsel, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.