New Horizons for Maryland Farm Breweries: A Guide to the Class 8 License Updates

Close-up of fresh green hop cones growing on a vine, ready for harvest and use in brewing beer or other agricultural applications. Image by alekseigl from Adobe Stock

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Introduction

Governor Moore recently signed Senate Bill 807 into law, which will go into effect on July 1, 2026.  SB 807 updates Maryland’s Class 8 Farm Brewery License.  The updates will require license holders to engage in some form of agritourism and to expand the types of food they can serve on site.  At the same time, the changes will allow the Executive Director of the Alcohol, Tobacco, and Cannabis Commission (ATCC) to have exclusive regulatory control over Class 8 license holders, except that local fire safety codes still apply.  This change opens the door for Class 8 license holders to operate their venues more freely outside the local county zoning and planning authority.  This bill caps the annual license fee for the Class 8 license at $200.  This bill allows the farm brewery industry to develop more effectively in the state and to integrate more effectively into agritourism.  It is important to note that this new law goes into effect on July 1, 2026.

Overview

SB 807 maintains the pillar that a farm looking to develop a farm brewery must still use a Maryland agricultural product.  This could be grain, hops, or fruit used for brewing beer.  At the same time, the new law will add requirements for farms seeking the license.  To fit in this new agritourism requirement, the farm needs to:

1. be an agribusiness dedicated to the production, showcasing, preparation, and sale of farm products; and

2. be actively engaged in agritourism by exposing the public to farming and value-added farming practices.

To put this in simpler terms, the brewery will need to be a working farm and be actively engaged in agritourism. 

One thing to note is that agritourism is not defined in federal law, but state law does define it.  Under state law, agritourism means an activity conducted on a farm that is offered to the general public or invited guests for the purpose of education, recreation, or active involvement in the farm operation.  Within that definition is a list of activities that would be included, including farm tours, hayrides, corn mazes, and petting zoos, to name a few (Md. Code, Land Use § 4-212 (2026)). 

The next big change for those with a Class 8 license is that the brewery will no longer be limited to a limited menu of food options.  SB 807 expands the types of foods that farm breweries can offer to farms. The farm breweries now have the option to become a licensed food establishment, and can use a licensed food truck or licensed caterers to serve food at the brewery. 

At the same time, the changes will allow these farm breweries to allow more events on their properties.  Starting July 1, 2026, these license holders will be able to host weddings, banquets, anniversary parties, birthday parties, fundraisers, and other celebratory events on-site.  At the same time, the license holder will be able to host live music events and festivals on the property.  The license holder will also be able to expand and not just offer beer brewed on their farm, but also offer beers brewed by other Maryland breweries on-site.  Finally, farm breweries can if host multi-brewery events if approved by the Executive Director.  All of these had been limited by prior state law.  This will allow these operations to host events and help drive agritourism operations collocated with the farm brewery.

Another change is oversight of the Class 8 license.  The changes now place the exclusive regulatory authority over a farm brewery with the ATCC’s Executive Director.  This will allow for more uniformity of enforcement across the state.  The Executive Director may not limit the number of visitors on a property, except as provided by the local Fire Safety Code.  These breweries can be open seven days a week from 10 am to 10 pm.  At the same time, the law contains a grandfathering provision for all those who received a license issued on or before July 1, 2015, and will now be treated as those licensed after July 1, 2026.  Farm breweries will need to comply with all zoning laws, regulations, or ordinances passed in accordance with Division I of the Land Use Article to receive the license.

Finally, the annual license fee is to be determined by the Executive Director of the ATCC but is capped at $200. 

What Does This Mean?

SB 807 represents changes that many within the farm brewery industry had been requesting for years.  Those looking to get involved in a farm brewery and seeking a Class 8 license should start thinking about how these new requirements will impact their operation.  The move to grant the ATCC’s Executive Director full regulatory authority will create a more uniform system across the state.  This uniform system will put farm breweries on the same footing and limit counties from imposing additional restrictions.  From my reading, this regulatory authority only stretches to how the farm brewery operates and the events hosted at the farm brewery.  As mentioned earlier, we will have to wait for regulations to see how ATCC will fully implement the law.