Liquor board raises allowable infusion prep from three to five days

The Frederick County Liquor Board voted on Feb. 9 to amend its local regulation governing premixed alcoholic infusions, increasing the allowable holding time from three days to five days. The change, adopted by voice vote, was presented by staff as a measure to align county practice with neighboring Montgomery County and to reduce menu losses for multi-county operators.

Staff described the regulatory question as balancing business flexibility and food-safety concerns such as rectification and unintended fermentation when sugar is present in premixed infusions. Staff said Montgomery County allows up to five days and noted that the state does not prescribe a specific number of days; the state can offer guidance but local authorities set the county rule. After discussion with legal staff about potential challenges, the board voted to adopt the increase; staff said the amendment will be posted and take effect in March 2026.

What changed and why: under the amended rule, licensees may prepare and hold premixed infusions for up to five days before service, subject to labeling and container requirements the board indicated would remain in place. Staff said labeling requirements, container-specific guidance and limitations intended to reduce rectification risk will remain part of the regulation.

Next steps: staff will publish the amended regulation, notify licensees, and add the change to the county’s posted regulations with an effective date in March. The board asked staff to track any operational issues that arise under the new five-day allowance to evaluate whether further change or guidance is warranted.