Wineries, Breweries, and Distilleries May Be Able to Operate Amidst Closures
March 23, 2020

As of today, three U.S. governors (IL, CA, and NY) have issued stay-at-home orders to their residents and it is assumed that more states will likely follow in attempts to curb the spread of the coronavirus. A stay-at-home order asks residents to remain at their place of residence except as needed to maintain continuity of operations of federal critical infrastructure sector.

The federal government has identified 16 critical infrastructure sectors whose assets, systems, and networks, whether physical or virtual, are considered so vital to the United States that their incapacitation or destruction would have a debilitating effect on security, economic security, public health or safety, or any combination thereof. The United States Department of Homeland Security identifies the Food and Agriculture Sector as one of the 16 critical infrastructure sectors.

Unbeknownst to many breweries, wineries and distilleries, alcohol beverage manufacturers and producers are classified within the Food and Agriculture Sector Infrastructure Taxonomy within ID Code 1.2.10 and NAICS Code 312 (page 98) under the heading Beverage Manufacturing. So while many tasting rooms are being asked or mandated to close, the afore mentioned classification could allow for breweries, wineries and distilleries to continue with their production operations. Given that this guidance is federally sourced, it seems that this information has broad application to any alcoholic beverage producer regardless of their state.  However, laws do vary by state, so please check with your legal counsel and applicable state trade organizations for further guidance. 

Together we can all weather this storm together - stay informed and healthy.

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Moss Adams x Baker Tilly