Boozy Cupcake Bill Set for House Vote

News

The owners of a bakery that infuses its desserts with alcohol may soon get another shot at reopening.

As KELOLAND News has reported, they had to shut down Intoxibakes because of an old state food law that prohibits alcohol from being mixed into baked goods.

A bill that would update the law made it through a House committee. While the snow kept the owners from driving to Pierre, they testified via phone in Sioux Falls. 

The South Dakota Senate previously passed Senate Bill 169, and it easily cleared a House committee. It will now go to the full House. Even so, for the owners of Intoxibakes, this experience has been anything but a piece of cake. 

“We can’t wait to start baking again,” co-owner, Holly Jorgenson said.

The online bakery was set to expand, but had to stop baking because of a law that doesn’t allow it to mix alcohol into its baked goods or frosting. 

“You’re just getting a couple teaspoons or a couple tablespoons depending on the recipe, you know, per 15 to 18 cupcakes,” Jorgenson said.

With virtually no opposition, lawmakers have seemed eager to update the law in question. It has been around for nearly 110 years, and lawmakers last updated it in 1939.

This doesn’t just impact this bakery. The adulterated food law received statewide attention when lawmakers realized it could cause trouble for other businesses that mix alcohol in food.

As Jorgenson has found, it’s hard not to find something on a menu,

“We’ve seen bourbon bread puddings, we’ve seen tiramisu, we’ve seen Bailey’s shakes, Jameson pie,” Jorgenson said. 

On Monday, Jorgenson, co-owner Josie Layton and City Council member Christine Erickson told lawmakers why they should move the bill forward. 

“This is getting us very close to re-opening our business and helping all the other businesses in South Dakota to not have to take items off their menu,” Layton said. 

“I feel good right now about everything. Trying not to count my chickens, you know, just waiting to see if we can get through the House and to the governor’s desk. That’s the main goal right now,” Jorgenson said. 

Time will tell if the owners of Intoxibakes can have their cake, and sell it, too. 

The bill also has an emergency clause, which would allow Intoxibakes to get back in business right away. Governor Daugaard has said he would sign the bill if it reaches his desk. 


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