Beverage classification in France

Beverage classification

French legislation divides alcoholic beverages into several groups or categories, based primarily on their alcohol content and method of manufacture.
Understanding these distinctions is crucial to the type of license you need to obtain, and the restrictions on beverage sales you are required to comply with.

Group 1

Non-alcoholic drinks

This group includes non-alcoholic beverages such as mineral or carbonated waters, fruit or vegetable juices not fermented or containing no traces of alcohol exceeding 1.2 degrees after fermentation, lemonades, syrups, infusions, coffee, tea and chocolate.

Group 2

Repealed

Ordinance no. 2015-1682 of December 17, 2015 abolished the former 2nd group drinks, now grouped together in the 3rd group. This simplification measure has had the effect of modifying the licensing regime, although this change does not affect the IV license.

Group 3

Non-distilled fermented beverages & natural sweet wines

Wine, beer, cider, perry, mead, plus vins doux naturels, crèmes de cassis and fermented fruit or vegetable juices containing 1.2 to 3 degrees of alcohol, liqueur wines, wine-based aperitifs and strawberry, raspberry, blackcurrant or cherry liqueurs containing no more than 18 degrees of pure alcohol.

The requirement to limit alcohol content to between 1.2 and 3% applies only to fermented fruit juices. Wine, beer, cider and the other beverages mentioned in 3° of article L. 3321-1 of the French Public Health Code, on the other hand, are included by nature. By way of example, red, white, rosé and sparkling wines contain more than 10° alcohol, generally around 12°, beers between 4 and 9° and ciders between 5 and 9°.
Group 3 also includes creams and liqueurs containing no more than 18° alcohol; those exceeding this limit are included in group 5.

Group 4

Rums, tafias, wine distillation, etc...

rums, tafias, alcohols obtained from the distillation of wines, ciders, perries or fruits, and not containing any added petrol, as well as liqueurs sweetened with sugar, glucose or honey at a rate of at least 400 grams per liter for aniseed-flavoured liqueurs and at least 200 grams per liter for other liqueurs, and not containing more than half a gram of petrol per liter.

Group 5

All other alcoholic beverages

all other alcoholic beverages: aniseed-flavored drinks, whisky, vodka, gin, etc. (non-exhaustive list).

In the case of cocktails and "premixes" (drinks mixed in advance), it is the classification of the highest-grade component in the mix that determines the classification of the finished product offered to customers, whatever the alcohol content of the finished product. In fact, it's not the cocktail or "premix" itself that needs to be graded, but each of the beverages making up the mix.

So, for example, a shandy is classified in the 3rd group (lemonade = 1st group + beer = 3rd group) while a punch made with white rum and orange juice is in the 4th group (orange juice = 1st group + rum = 4th group).

Manufacturing or import conditions

To manufacture or import beverages from the 3rd, 4th and 5th groups, the operator of a public house must (article L. 3322-1 of the French Public Health Code):

• make a declaration to the indirect tax authorities;
• label each bottle with the name and address of the manufacturer or importer, the name of the beverage and its intended use (digestive or aperitif);
• In addition, article L. 3322-3 of the CSP stipulates that packaging units must carry a health message advising pregnant women not to consume alcohol. The conditions for affixing this message are defined by the decree of October 2, 2006 implementing article L. 3322-3.

Paragraph 2 of article L. 3322-1 of the CSP specifies that no modification may be made to the composition of declared beverages without this modification itself being declared as a beverage in its own right.

On the other hand, it is not illegal for an on-trade operator to prepare alcoholic beverages from a mixture of products for which alcohol duty has been paid (as in the case of punch and sangria: Cass. Crim., May 2 1983, Bull. crim. no. 123; Juris-Data no. 1983-701255).

Implications for site owners

For establishment owners, choosing the right license is a crucial aspect of regulatory compliance. This directly influences the type of beverages they can offer, thus impacting the customer experience and business model. Understanding beverage categories and corresponding licenses is essential to avoid sanctions and optimize operations.