Columbia Falls legislator targets prohibition on pre-made Jell-O shots

Rep. Braxton Mitchell is taking on prohibition — of pre-made, alcohol-infused gelatin desserts known to partiers everywhere as Jell-O shots.

The Business and Labor Committee held a hearing Friday on House Bill 455, which would lift the Montana Department of Revenue’s restrictions on the sale of gelatin cup alcoholic beverage products. Montana is one of two states — the other is Utah — where Jell-O shots are prohibited from being distributed out of liquor warehouses, said Mitchell, a Republican from Columbia Falls.

“This is a freedom bill,” the 22-year-old state legislator said while introducing it to the committee on Feb. 17.

The hearing saw three proponents speak on the bill’s behalf and featured no detractors. Two of its supporters hailed from the Tampa, Florida-based company Shottys that sells Jell-O shots commercially in 48 states. If Mitchell’s bill passes, the company could expand sales to Montana depending upon demand.

“[Jell-O shots] are not a daily consumable, it's kind of a very specific occasion consumption experience,” said Joe Block, the owner of Shottys.

He cited common events such as weddings, bachelorette parties and tailgates as places where revelers might knock back the alcohol-infused gelatin dessert.

The shots are shelf stable and can be stored at room temperature, according to Block, so there are no health concerns associated with the product coming through the liquor warehouses.

Other proponents included Jeremy Kleis, also with Shottys, and Jay Erickson with Hayden Beverage Company. Beck Schlauch was the sole informational witness, testifying as the administrator of the Montana Alcoholic Beverage Control Division.

Schlauch said that current state law allows establishments like bars and clubs to sell homemade gelatin shots. The alcohol-infused desserts must be sold within a day of being made, though Schlauch said.

Mitchell said he was willing to make one major amendment to the bill, adding a line that allows for the sale and distribution of wine-based Jell-O shots. The bill’s text, as currently written, only mentions liquor-based shots.

Under state law, liquor gets distributed through the liquor warehouse while wine and beer get distributed through a beer wholesaler or table wine distributor. Mitchell’s proposed amendment would include table wine distributors as well.

The hearing closed to peals of laughter, with Rep. Ron Marshall, R-Hamilton, offering to travel to Florida on behalf of the committee to test the product. Chairman Ed Buttrey, R-Great Falls, recommended Shottys bring samples.

There is no scheduled date for the House and Labor Committee to vote on the bill yet.

Reporter Kate Heston can be reached at kheston@dailyinterlake.com or at 758-4459.