Standard kombucha (commonly known as "fermented tea") is not subject to regulation by the SCDOR.
SC Code
61-4-10 defines what beverages are regulated as beer and wine as the following:
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all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight;
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all beers, ales, porters, and other similar malt or fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of six and one-half ounces or more or the metric equivalent;
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and all wines containing not in excess of twenty-one percent of alcohol by volume.
Standard kombucha is not subject to regulation under Title 61 Chapter 4 since it is a bacterially fermented tea and not a beer, ale, porter, or “similar malt or fermented beverage.” It is a type of tea with a specific process for fermentation that is different from that of beer and does not feature barley, hops, or malt. Kombucha is uniquely fermented with a bacteria and yeast colony that produces acetic acid and a low alcoholic content most similar to the composition of vinegar. It is also not a wine or cider because it is not fermented from fruit or berries.
The South Carolina Department of Agriculture (SCDA) currently regulates kombucha tea manufactured for wholesale distribution under the authority of the South Carolina Food and Cosmetic Act. As part of its regulation, SCDA ensures that kombucha is properly labeled according to food safety laws and regulations and that it is manufactured and marketed under safe and sanitary conditions through routine inspections. For all kombucha, SCDA requires an initial alcohol analysis as part of the business registration process.
The SCDOR regulates nonstandard kombucha. The SCDOR determines whether individual brands or products should be regulated by assessing (1) the product’s method/process of production outlined by the manufacturer; (2) the product’s name, TTB classification, and advertised ABV%; (3) the target consumer market for the product; and (4) the nature of the manufacturer’s business, including whether the manufacturer sells other products that require a license or permit from the Department. Standard kombucha is not subject to regulation by the Department.
