TABC Amends Labeling Rules

AUSTIN - The Texas Alcoholic Beverage Commission (TABC) formally changed their labeling rules on July 24th following a lawsuit challenging the restrictive rules in December of last year.

Austin's Jester King Craft Brewery sued the TABC in 2011 in civil court, claiming the rules infringed on their business' First Amendment rights to represent their products.

The old rules included arbitrary definitions for "beer," "ale" and "malt liquor" based on alcohol content that were required to appear on beer labels to meet agency approval, with many submissions disallowed for no reason other than not including the specified terminology.

The new rules place no restrictions on the commercial naming or description printed on beer labels, as long as the alcohol content is included.

Jester King Bonnie the Rare

AUSTIN - Jester King Craft Brewery has received label approval for their latest limited release beer, the Bonnie the Rare Berliner Weisse.

Bonnie the Rare is a 3.7% ABV unfiltered and unpasteurized Berliner weisse style that has undergone a long maturation in the bottle following a no-boil method of brewing. The first 750-ml bottles soon to be released are from a batch brewed in May of 2011.

Jester King Certified Organic

AUSTIN - Jester King Craft Brewery recently became certified organic by the Texas Department of Agriculture under the USDA National Organic Program.

Most of their beers will carry the certified organic symbol on the next label batches except for the Black Metal Farmhouse Imperial Stout, which still uses a small amount of non-organic specialty malt. However, as Black Metal is still brewed with over 70% organic ingredients it will carry "Made with Organic Ingredients" and the Texas Department of Agriculture seal on its label.

Hops are not currently required to be organic in origin to be certified under the National Organic Program but will be so required to carry the label beginning in 2013. Jester King is currently searching for organic versions of hops now used in their beers without compromising the flavor or quality.

Jester King is the first brewery in Texas to achieve certified organic status.

Jester King Beer Geek Rodeo

AUSTIN - Jester King has announced another collaboration with Danish brewer, Mikkeller, to be named Beer Geek Rodeo.

Brewed especially for the Texas market with no plans to distribute out of state, Beer Geek Rodeo will be an "Imperial Oatmeal Stout brewed with smoked malt, chipotle peppers and Vietnamese coffee."

Jester King Recalls Beer

AUSTIN - Jester King has issued an official recall of their Commercial Suicide dark mild beers due to uncontrolled bottle conditioning.

In a statement, Jester King has admitted that "the fermentation has continued to a point where bottles may now be showing significant signs of leakage and may gush extensively upon opening." The brewery is asking all retailers and consumers to return any unopened bottles for exchange with one of their other products.

Jester King Wins Judgment Against TABC

AUSTIN - A federal court ruled Monday in Jester King's favor on several key issues in a suit brought against the Texas Alcoholic Beverage Commission (TABC).

Judge Sam Sparks of the US District Court ruled in favor of Jester King, Authentic Beverages Company and Austin's Zax Restaurant & Bar with regard to their First Amendment challenges of restrictive beer labeling laws included in the TABC Code. As a result, breweries will no longer be bound by arbitrary label definitions of "beer," "ale" or "malt liquor," or descriptions of strength or alcohol content that have proved troublesome in the past.

Judge Sparks writes:

Although the Code is free to define "beer" and "ale" as it sees fit, Texas may not compel malt beverage producers to use those terms, and only those terms, in advertising and labeling. Accordingly, all statutes and regulations that compel such speech, including Texas Administrative Code, Title 16, Sections 45.77 and 45.90, are declared unconstitutional. Again, nothing prevents Texas or TABC from passing appropriate regulations requiring producers to include accurate statements about the alcohol content of their products in labeling or advertising; absent a constitutionally sound justification, however, Texas may not dictate the exact words producers must use to do so.

The restriction of brewers advertising or promoting retail locations where their products can be purchased was also lifted, with some Texas breweries already preparing their websites to include commercial listings.

However, Judge Sparks ruled that the plaintiffs failed to produce sufficient evidence for overturning the restriction of direct sales from breweries, citing:

Authentic bears the burden of demonstrating there is no reasonably conceivable basis which might support the classifications in the challenged sections of the Code...

The ruling affirmed Texas has the right to regulate businesses in such a way, with changes in this respect necessarily coming through the legislature.

The TABC responded favorably, releasing a statement that said they have no plans to appeal.

Jester King Thrash Metal

AUSTIN - Jester King is set to release their latest beer this week, the Thrash Metal Farmhouse Strong Ale.

Per their blog, the Thrash Metal ale "is an homage to thrash metal music" and a "sibling" to their Black Metal Imperial Stout. It will be a golden ale made with pilsner, wheat and caramunich malts with a strong dose of American hops, and should finish at 9% ABV.

Thrash Metal will not be part of Jester King's regular lineup but an occasional release, "when the mood happens to strike us."

Jester King Sues TABC

AUSTIN - Jester King has filed a motion in federal court for summary judgment against the Texas Alcoholic Beverage Commission (TABC).

Along with two other co-plaintiffs, Jester King is challenging the TABC Code requirements regarding the content and wording contained on beer labels, such as the arbitrary "ale" or "malt liquor" legal designations and prohibited terms that may reflect alcoholic strength. Such unnecessary requirements have long been problematic for out-of-state breweries seeking label approval for their products to be sold in Texas.

Another change sought is the restriction on brewers in advertising or communicating retail locations where their products may be purchased, a legal holdover from a stricter three-tier interpretation. Jester King is seeking the elimination of both these current restrictions on the basis that they violate the right to free speech guaranteed by the First Amendment to the US Constitution.

Jester King is also challenging the restriction of breweries from selling direct to the public and that of brewpubs selling to retailers or distributors, both changes that were pushed unsuccessfully in the last legislative session. The claim against the TABC Code here is violation of the Equal Protection Clause of the Fourteenth Amendment.

A third challenge involves the requirement of foreign breweries to obtain a separate licence to sell their products in Texas, an additional burden that is not requried of foreign wineries or distilleries.

A ruling on this case is expected sometime later this year.

Jester King Das Wunderkind

AUSTIN - Jester King has received label approval for their Das Wunderkind farmhouse ale.

Per their website, Das Wunderkind will be a "Franco-Belgian inspired farmhouse session ale aged in French oak wine barrels" with an ABV of about 4.2%.

Jester King on The New Brewer

Jester King brewers and owners Jeffrey Stuffings, Michael Stuffings and Ron Extract appear on the cover of the March/April issue of The New Brewer magazine, the official journal of the Brewers Association.

They also recieve a brief mention inside in the cover story by Horst Dornbusch.

Jester King, Mikkeller Collaboration

AUSTIN - Jester King has announced its first collaboration effort with the Danish "gypsy brewer" Mikkeller, with two collaborative beers brewed for 2011.

The first beer will be a hoppy wheat session ale named Drink'in in the Sunbelt, a beer inspired by a previous Mikkeller recipe, to be available later this month. The second will be a smoked-malt beer with chipotle peppers to be released later this spring.

Jester King's New Website

AUSTIN - Jester King Craft Brewery launched a newly redesigned and updated website this week, featuring a more uniform look and bringing links to all their online efforts together under one brand.

Black Metal Selected for Rare Beer Club

AUSTIN - Jester King's Black Metal Imperial Stout has been selected as one of the February 2011 releases for the monthly subscription service of Michael Jackson's Rare Beer Club.

Details about the beer and brewery are available in the Rare Beer Club's February newsletter.

Jester King Boxer's Revenge

AUSTIN - Jester King has released their next year-round beer, Boxer's Revenge Farmhouse Provision Ale. This beer will be a Belgian-inspired, farmhouse-style "stock ale" aged in oak wine barrels and blended to taste.


Boxer's Revenge will debut at their grand opening celebration this weekend, and should appear on tap and in bottles in the following months.

Jester King Wytchmaker Rye IPA

AUSTIN - Jester King has received label approval for their Wytchmaker Rye IPA, a hoppy 6.6% ABV American IPA with a rye addition that has been available only on draft until now.

Jester King Commercial Suicide

AUSTIN - Jester King has received label approval for its first bottled commercial release, their Commercial Suicide. Commercial Suicide is an oak-aged dark English mild with only 3.3% ABV, and is already available at select draft accounts in the Austin area.

750-ml bottles should be available before the end of the year.

Jester King Craft Brewery Opens

AUSTIN - Jester King Craft Brewery has opened in Austin and is brewing their first commercial batch, according to a recent press release.

Owners Michael and Jeffrey Stuffings and brewer Ron Extract have begun brewing in their newly built facility located on 200 acres in rural Austin. They are planning on five different styles initially, including Boxer's Revenge, an oak barrel-aged wild ale, as well as a British-style dark mild, a rye IPA and "Franco-Belgian inspired farmhouse ales."

Jester King has also designed a 8000-square-foot rustic beer hall along with their brewhouse and plan to host tastings, festivals and special events at the brewery site.

Correction: Employee Ron Extract is assisting in brewery sales and distribution, not brewing operations.

Austin New Brewery Roundup

BREWERS IN THE NEWS

AUSTIN - Lee Nichols of the Austin Chronicle sums up the local new breweries expected to open soon in the Hill Country with his piece, "Beer in Bloom."

Included in this profile are breweries presently in the construction stage such as Jester King Craft Brewery, Circle Brewing, South Austin Brewing, Pecan Street Brewing, Hops and Grain, and Thirsty Planet Brewing, and even enterprises still in the planning and fundraising stages such as Orf Brewing, Moonlight Tower Brewing and Twisted X Brewing (formerly Barbed Wire Brewing).

Austin New Brewery Roundup

BREWERS IN THE NEWS

AUSTIN - Patrick Beach of the Austin American-Statesman gives a summary of what new local breweries Austin can expect in 2010 with his piece, "Make room for more craft brews in Austin."

In addition to the already established Real Ale, Independence, Live Oak and (512), this year introduces a host of new start-up brewers such as Jester King Craft Brewery, Circle Brewing, Hops and Grain, and Moonlight Tower Brewing, as well as the world's first co-op brewpub, the Black Star Co-Op Pub & Brewery.

Jester King Purchases Brewhouse

AUSTIN - Start-up brewer Jester King Craft Brewery has purchased a new 30-barrel brewhouse setup for their "ranch brewery" in southwest Austin. At the same time, they also purchased four 30-barrel conical fermenters, and expect the foundation for their brewhouse to be poured this month.