REGULATORY AGENCIES
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Know the Agencies!
Breweries in California may be subject to oversight from various regulatory agencies at the local, state, and federal levels. Below is a general list of agencies that may – or may not – have regulatory authority over your operations, depending on your brewery size, location, and business model. This list serves as a starting point for reference, as requirements for your brewery can vary widely. For questions about these agencies or how they may apply to your business, please contact the CCBA.
Agency Role: Broadcast Music Inc. (BMI) supports songwriters, composers, and publishers by licensing the public use of their music and ensuring they are fairly compensated. BMI offers blanket music licenses to businesses and organizations, allowing them to legally play more than 22.4 million musical works while protecting the rights of music creators.
Brewery Requirements: Ensure proper music compliance when playing music in your brewery. You can view BMI’s FAQ’s page here or brewery support page.
Agency Role: Cal/OSHA, or the California Division of Occupational Safety and Health, is the state agency responsible for enforcing workplace safety and health regulations. Its mission is to protect workers from health and safety hazards on the job through standards enforcement, education, and consultation.
Brewery Requirements: California businesses must comply with a range of Cal/OSHA requirements, including workplace postings, notifications, recordkeeping, maintaining a written Injury and Illness Prevention Program (IIPP), providing appropriate safety training to employees, reporting serious injuries and fatalities, and ensuring safe workplace conditions. You can explore more business requirements on the Department of Industrial Relations website here.
California Department of Resources Recycling and Recovery (CalRecycle)
Agency Role: Administers and provides oversight for all of California’s state-managed waste handling and recycling programs including the California Redemption Program
Brewery Requirements: Beer manufacturers must register with the Department and make monthly submission of Beverage Manufacturer Reports (DR-4) and corresponding payments for processing fees to the Division of Recycling. Beer manufacturers must maintain proper record keeping and record retention and must provide notification to the Division in writing if closing business, changing ownership, or changing address. You must also make sure your CRV labeling meets the Departments minimum requirements. Growlers are considered refillable and are not subject to CRV labeling or payment. Font size must be: 1/8 inch if placed on a contrasting color background or 3/16 inch if not on contrasting color background. If selling directly to a licensed retail account or to consumers for off-sale retail, a beer manufacturer must make monthly submission of Distributor Reports (DR-3) and corresponding redemption payments to the Division.
California Department of Toxic Substances Control (DTSC)
Agency Role: DTSC regulates harmful toxic substances by restoring contaminated resources, enforcing hazardous waste laws, reducing hazardous waste generation, and encouraging the manufacture of chemically safer products. While the DTSC creates regulations relating to hazardous materials, enforcement and reporting is applied at the county level. These intergovernmental agreements are known as Certified Unified Program Agencies (CUPA).
Brewery Requirements: California beer manufactures that handle hazardous waste are required to report and submit mandatory information electronically through the California Environmental Reporting System (CERS) which is administered by their local county agency. Compliance with hazardous materials can become very confusing and complex, to help breweries understand the requirements, the CCBA has created a factsheet for Regulations centered around Hazardous Materials.
California State Board of Equalization
Agency Role: The California State Board of Equalization (BOE) is a state agency involved in tax administration and fee collection. It oversees certain tax programs and ensures businesses comply with California’s tax laws.
Brewery Requirements: Breweries in California are required to obtain an excise tax license from the BOE and regularly report and pay excise taxes on the beer they produce or sell. Accurate and timely reporting helps ensure compliance with state tax regulations and supports proper tracking of alcohol-related revenues.
Department of Alcoholic Beverage Control (ABC)
Agency Role: The California Department of Food and Agriculture (CDFA) oversees and supports the state’s agricultural industry. Under Chapter 6 of the Food and Agricultural Code, the department regulates the sale and purchase of agricultural commodities to ensure fairness, transparency, and stability within the agricultural market.
Brewery Requirements: Breweries that purchase agricultural commodities—such as grains, hops, or other raw materials—directly from producers (like farms) are required to register with the CDFA. This requirement helps maintain transparency and accountability in the direct purchase of farm products, and ensures compliance with agricultural commodity laws in California.
Department of Food and Agriculture
Agency Role: Chapter 6 regulates the agricultural commodities market within California
Brewery Requirements: All beer manufacturers that purchase agricultural commodities (grains, hops, etc.) directly from the producer (farm), are required to apply to the department.
Division of Workers’ Compensation (DWC)
Agency Role: Monitors the administration of workers’ compensation claims and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers’ compensation benefits.
Brewery Requirements: Employers must obtain adequate unemployment insurance. For a list of Allied Trade partners specializing in workers’ comp, please email info@californiacraftbeer.com.
Employer Development Department (EDD)
Agency Role: Manages California’s federal unemployment insurance program requirement. Also maintains the state’s unemployment insurance requirement.
Brewery Requirements: An employer who becomes subject to the employment tax laws, is required to register with the Employment Development Department (EDD) to obtain an identification number, which is the state equivalent of the federal identification number.
Office of Environmental Health Hazard Assessment (OEHHA)
Agency Role: Agency protecting public health and preventing contamination of chemicals (Prop 65 signage administration).
Brewery Requirements: Prop 65 signs are currently required at Point-of-Sale for breweries and retailers. In addition, as of January 1, 2017, new BPA reporting is needed to provide “safe harbor” to all breweries selling products with BPA.
State Water Resources Control Board (SWRCB)
Agency Role: The State Water Resources Control Board regulates the Storm water discharges in California through the National Pollutant Discharge Elimination System (NPDES) permits.
Brewery Requirements: The State Water Board has declared that all manufacturers (including breweries) must apply for a storm water permit through the Board.
US Food & Drug Administration (FDA)
Agency Role: The FDA inspects food facilities, including breweries, to ensure they comply with FDA regulatory requirements. The FDA may conduct inspections as the result of routine surveillance, product quality issues, consumer complaints, or recalls. The agency also may conduct inspections to follow up on a previous inspection or an FDA enforcement action. The FDA also contracts with state and local food protection programs to conduct inspections and provide certification and training.
Brewery Requirements: Breweries must register with the FDA and comply with applicable food safety regulations. This includes maintaining records, implementing preventive controls, and ensuring that their facilities meet sanitation and safety standards.
