Just by walking in
to Park Hill Pantry, you can tell the owner, Robert Eaton, is in the
Christmas spirit. The shop, located at the corner of JFK Boulevard and
H Street in North Little Rock, is small. A Christmas tree hung in gold
lights stands in the corner, fake snowflakes hang from the ceiling and
the smell of coffee beans, tea leaves and cinnamon cider fills the air.
The shelves are stocked with spices and candies, but something’s missing.
Eaton wanted to stock the store with Cocopotamus Holiday
Truffles, but he can’t. Some varieties of the popular holiday candy contain alcohol, about 3 percent of total weight.
The Pantry can’t sell the truffles because the state prohibits the sale of what the law calls “adulterated” foods.
According to the law, the term
“adulterated” can mean everything from “putrid” to “poisonous,”
“deleterious” to “diseased,” “filthy” or simply “unfit for food.” It’s
also defined as a confectionary containing over one half of one percent
“I was hoping everyone would just say,
‘We don’t see a problem with it,’ but I think it’s turning into a story
of ‘The Grinch That Stole the Holiday Truffles,’ ” Eaton said.
Eaton wanted to get permission to sell
the candy but didn’t know where to turn. Were these chocolates
controlled by the Alcoholic Beverage Control Commission (ABC)? Or the
Arkansas Department of Health? He didn’t know. And neither, it seems,
did anyone else.
After making calls to both the ABC and
the health department, he wasn’t able to find a clear answer on whether
or not he would be allowed to sell the truffles. A local health
inspector said that because the truffles were purchased from a candy
manufacturer and not a liquor wholesaler, it would probably be OK to
Finally, health department lawyer
Robert Brech confirmed that his agency regulates the boozy candies.
“And unfortunately, there’s no way to get around the state law,” he
said. “Because the candies are considered adulterated, they cannot be
Eaton thought it might be possible to
get some type of waiver. After all, the provision prohibiting the sale
of alcohol-filled chocolates dates back to 1953. But according to state
and city officials, it doesn’t seem likely.
Jason Carter, North Little Rock city attorney, said the issue has never come up before.
“In my 10 years as a municipal lawyer
I’ve never dealt with the question of how much alcohol can you put into
a truffle before it becomes a regulated food. But to the extent that
the state calls something illegal, we can’t call it legal,” Carter
“It seems silly to everybody,” Eaton
said. “It’s one of those laws that society seems to have outgrown, but
it’s still on the books.”
Even if Eaton was able to obtain a
waiver from ADH or the city, he might not be able to sell the candies
anyway. His business is located in a dry area of North Little Rock.
“The whole thing, when you really stop
and think about it, is pretty funny,” Eaton said. “If you’re worried
about people eating these to get drunk, you would have to eat about 50
of them. And it would be pretty expensive.”
Cary Tyson, president of the Park Hill
Neighborhood Association, said local business owners should be given
every opportunity to succeed economically.
“It’s silly. And frankly, it’s
hampering his commerce which is unfortunate because that is a neat,
unique business that has great products — especially a line like those
truffles that could do well during the holidays,” Tyson said. “Places
like that are really the kind of places that we’d like to continue to
see in Park Hill. That’s what we want to cultivate and whatever hampers
that is unfortunate for economic development.”
Brech said the adulterated food law is
enforced based on complaints. When asked if he would risk selling the
alcohol-filled chocolates anyway, Eaton said that was highly unlikely,
although he will still sell other varieties of the popular candy.
“Now that we have a final answer, we’re
probably not going to do it,” Eaton said. “It’s a lot of red tape to go
through just for a piece of chocolate. I just wanted to know what my
rights were as a business owner. My marketing budget this season
doesn’t really include bail money though,” he said with a laugh.