The growing popularity of hop water gives brewers the opportunity to add a new non-alcohol product to their portfolios. Hop water meets expanding consumer desire for a beer-like, alcohol-free option and is recognized as a distinctly different product than non-alcohol beer. Since hop water is not defined as a malt beverage by the Federal Alcohol Administrative (FAA) Act, production and labeling requirements differ significantly from the requirements for malt beverages. This primer provides an overview of the federal regulations governing hop water production and labeling.

FDA Production Regulations

The United States Food and Drug Administration (FDA) regulates the production of non-alcohol beverages like hop waters. Described by the FDA as “carbonated soft drinks,” manufacturers must comply with all subparts of 21 CFR Part 117. This differs from the requirements for malt beverages, which allows for an exemption from 21 CFR Part 117 Subpart C – Hazard Analysis and Risk-based Preventive Controls. In layman’s terms, this means producers of hop water and other non-alcohol beverages must comply with all FDA regulations required to produce products for human consumption. It is the producer’s responsibility to stabilize non-alcohol products through pasteurization or other stabilization methods. To ensure a food safe product, it is advisable to work with a Process Authority.

Exemptions for Small and Qualified Businesses

Exemptions may apply for very small or qualified businesses. Refer to the Brewers Association FDA Registration & Food Safety Modernization Act (FSMA) Compliance Flow Chart for more complete information. See the resources listed at the end of this article for details on compliance with 21 CFR Part 117 when producing non-alcohol products.

FDA Labeling Requirements

Similarly, the labeling requirements for hop water follow FDA regulations for food products rather than those of the Alcohol and Tobacco Tax and Trade Bureau (TTB). The most significant difference from labeling malt beverages is the requirement for a Nutritional Facts Panel and a listing of ingredients, in descending order by weight. In most cases, the first ingredient is “carbonated water” or “water with carbonation.” The Nutrition Facts Panel on carbonated soft drinks typically includes the serving size and the nutrients provided in a serving: calories, total fat, sodium, total carbohydrates, sugars (if present), and protein. Similar to TTB regulations for the labeling of malt beverages, specific font and formatting requirements apply. For complete details, refer to 21 CFR 101.9 – Nutrition Labeling of Food and the FDA’s Food Labeling Guide.

Additional Considerations

• Un-carbonated water and un-carbonated flavored water are regulated as drinking water. These products have very different and very vigorous testing requirements and regulations.
• FDA is proposing to update the Nutrition Facts label for packaged foods. For more information see: FDA Proposes Requiring At-a-Glance Nutrition Information on the Front of Packaged Foods

Additional Resources

• Food Safety Planning for Craft Brewers
• Food Safety Plan for Craft Brewers
• Labeling of Certain Beers Subject to the Labeling Jurisdiction of the Food and Drug Administration