Boozy cupcake-maker sparks rush to modify South Dakota laws

February 16, 2018

SIOUX FALLS, S.D. (AP) — Lawmakers are rushing to change South Dakota food laws to allow a Sioux Falls bakery to continue selling its alcohol-infused cupcakes.

After shutting down operations to comply with the state’s century-old ban on alcohol used in confectionery foods, online bakery Intoxibakes received an outpouring of support from the Sioux Falls business community and policymakers.

Several city councilors responded to news of Intoxibakes’ closing by investigating business regulations and ways to change the law.

City Councilor Christine Erickson told the Argus Leader she’s working with state Sen. Deb Peters to change state law through a proposal that would limit alcohol content in food at 0.5 percent. The measure mirrors laws in at least a dozen other states, including Iowa and Minnesota.

“This isn’t isolated to Intoxibakes,” Erickson said. “We’ve got lots of calls from people that had been doing this all over the state.”

Intoxibakes owners had met with regulators before opening in November to confirm that they didn’t need a liquor license to sell their boozy cupcakes. Co-owner Josie Layton said they felt they were misinformed.

Under state law, any treats made with alcohol are illegal regardless of whether the owner has a liquor license, according to a representative from the Department of Public Safety.

The new proposal faces a few hurdles, since legislative deadlines for introducing bills have already passed. The measure will need to be pushed forward in a hoghouse amendment to a bill originally crafted for other purposes.

Republican Rep. Greg Jamison of Sioux Falls said he’d support the proposal if it ends up in the House of Representatives.

“It’s an old law, so if the proposal is reasonable, I’d say yeah, let’s make a change,” he said. “But it might be something that has to wait until next year.”


Information from: Argus Leader, http://www.argusleader.com

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