Richard M. Blau Attorney At Law

Richard presides over GrayRobinson’s regulated products practice and oversees the firm’s legal guidance, compliance, and support services for the alcohol beverage, cannabis, food, and tobacco products industries. Richard and his colleagues focus on the rules, regulations, and business practices that govern the production and processing, importation, marketing, distribution, sale, and consumption of food products as well as beverages, including distilled spirits, wine, beer, and other licensed beverages.

Richard works with all levels of the food industry. He has represented international importers and domestic manufacturers, statewide wholesaler trade groups and regional distributors, and retailers (including multistate restaurant and grocery store chains) across the United States.

As a trial lawyer with over twenty years of experience, Richard has litigated jury and bench trials in state and federal courts. In the area of Alcohol Beverage regulation, Richard successfully litigated on behalf of manufacturers, setting important precedents for the industry in Geary Distributing Company v. All Brand Importers, Inc., (imposing constitutional limits on the application of a state beer franchise law) and in Jim Taylor Corporation v. Guinness Import Company (defining "brand extension" under Florida law). In the area of food law, Richard recently represented Hormel Foods Corporation in Kuenzig v. Kraft Foods, Inc. and Hormel Food Corporation (successful defense against a misleading labeling case brought in federal court by a plaintiff seeking class action status).

In the area of food regulation, Richard and the Food Law Team represent clients before federal departments and agencies such as the US Department of Agriculture (e.g., successfully handling a voluntary recall of over 24 million pounds of adulterated meat without incurring an administrative penalty), the US Food and Drug Administration (e.g., protecting the rights of a livestock medicated feed producer to market its products), and US Customs and Border Protection (securing the release of Customs-quarantined food shipments for importers). They also work with suppliers and national retailers on marketing and advertising campaigns for regulated food products such as dairy and alcohol.

At the state level, Richard's experience includes assisting food producers and distributors on a broad range of regulatory compliance matters. Examples include conformance with product-specific marketing orders, negotiating the vagaries of distribution and trucking laws, and assuring proper record-keeping in accordance with all regulatory requirements.  Richard also has participated in numerous proactive food law initiatives, such as marketing produce to state and local school systems, as well as addressing the legality of labeling food products with respect to GMO content.

For over a decade, Richard annually has edited the nationwide Survey of Reported Judicial Decisions Addressing the 21st Amendment and Related Alcohol Laws for the American Bar Association and the National Conference of State Liquor Administrators. Since 1998, he also has authored the chapter "Beverage Alcohol Practice" for the annual Developments in Administrative Law and Regulatory Practice published by the American Bar Association. Other publications by Richard include a chapter entitled "The Role of the Food and Beverage Attorney," for the anthology Best Practices for Alcohol Beverage, Food and Drug Law (2006).

Richard has achieved the following peer-related accolades for his legal work:

• Chambers and Partners - Nationally ranked as "Band 1" for Food and Beverage Law;
• Best Lawyers in America - Nationally listed for Food and Beverage Law;
• The American Law Institute - Elected member;
• The Academy of Hospitality Industry Attorneys - Elected member; and
• Super Lawyers - Elected member.

• Background

  Richard is a member of The Florida Bar, The District of Columbia Bar, The New York Bar, the American Bar Association, the Federal Bar Association, and the American Association for Justice. He recently concluded six years of service as the chair of the American Bar Association's Committee on Beverage Alcohol Practice, and is a member of the Academy of Hospitality Industry Attorneys. He also is an Industry Member of the National Conference of State Liquor Administrators (NCSLA) as well as the National Alcohol Beverage Control Association (NABCA), and lectures on Twenty-First Amendment issues before regulators at annual meetings of both organizations.

  Richard is admitted to practice law in the following courts: United States Supreme Court; United States Court of International Trade; United States Courts of Appeals for the Eleventh and Federal Circuits; United States District Courts for the Middle and Southern Districts of Florida; United States Court of Military Appeals; the Florida Supreme Court; The New York Court of Appeals; and The District of Columbia Court of Appeals. Additionally, he is an elected member of the American Law Institute.

  Richard earned his B.A. in 1979 from Brandeis University and his J.D. in 1982 from the Georgetown University Law Center, where he served as Associate Editor for Topics of the Georgetown Law Journal. Prior to joining GrayRobinson, Richard was a partner at Holland and Knight LLP, where he originated that firm's Alcohol Beverage law practice.

• Education
  • Brandeis University, B.A. (1979)
  • Georgetown Law Center, J.D. (1982) 
• Admissions
  • Florida (The Florida Supreme Court)
  • District of Columbia (The District of Columbia Court of Appeals)
  • New York (The New York Court of Appeals)
  • United States Supreme Court
  • United States Court of International Trade
  • United States Courts of Appeals for the Eleventh and Federal Circuits
  • United States Court for the Middle and Southern Districts of Florida
  • United States Court of Military Appeals
• Professional Associations and Memberships
  • American Bar Association
    • Committee on Beverage Alcohol Practice Chair, 1996-present
  • Uniform Law Commission Drafting Committee
    • American Bar Association Advisor, 2020
  • The Florida Bar (Chairman, Grievance Committee 13-A, 1990-1992)
  • Hillsborough County Bar Association
  • The American Law Institute (Elected Member, 1995 - Present)
  • The National Conference of State Liquor Administrators (Industry Member, 1989 – Present; Executive Committee Member, 2003 – Present)
  • The Academy of Hospitality Industry Attorneys (2001 – Present)
    • Board of Directors
  • Craft Beverage Lawyers Guild, Founding Member
  • Chambers USA, Band 1 (National), Food and Beverages: Alcohol, 2008-2016
  • Best Lawyers in America (National), 2011-2017
  • Florida Super Lawyers, 2006-2016
  • Florida Trend’s "Legal Elite," 2006-2010
• Civic
  •  Feeding America Tampa Bay, Board of Directors, Chair, 2014
• Awards and Recognitions
  • Chambers USA
    • National, Food and Beverages: Alcohol, 2008-2023
    • National, Cannabis Law, 2019-2023
  • Best Lawyers in America, Food and Beverage Law, 2011-2022
  • Florida Super Lawyers, 2006-2023
  • Florida Trend, Legal Elite, 2006-2010
  • Daily Business Review, Top Florida Cannabis Attorney, 2019
  • Tampa Top Rated Lawyer, Alcohol Beverage, 2013
  • National Conference of State Liquor Administrators (NCSLA)
    • Hall of Fame, 2019
• Articles and Publications
  • "GrayRobinson Food Law Team: New Wage Rates for H-2A Workers Now Effective for 2024," GrayRobinson Insight, January 9, 2024
  • "GrayRobinson Food Law Team: Bi-Partisan Effort Underway to Relax Restrictions on “Prevented Planting” Insurance Due to Unprecedented Drought," GrayRobinson Insight, August 25, 2023
  • "As High Summer Approaches, Dairy and Cattle Ranchers Should Focus on Reducing Animal Heat Stress," GrayRobinson Insight, July 26, 2023
  • “Russia v. Ukraine Spills Over Into the Beer Market,” GrayRobinson Insight, July 17, 2023
  • "Biden Administration Announces $1.7 Billion to Fund High-speed Internet Access for Farmers, Rural Communities, and all Floridians," GrayRobinson Insight, June 28, 2023
  • "Farmers, Ranchers, and Rural Businesses can Apply for Federal Funding to Invest in Renewable Energy Systems and Energy-Efficiency Improvements," GrayRobinson Insight, March 31, 2023
  • "Federal Funding for Agriculture: USDA Farmer Funding Opportunities," GrayRobinson Insight, March 13, 2023
  • "Help Shape Your Future: Respond Now to the 2022 Census of Agriculture," GrayRobinson Insight, February 16, 2023
  • "USDA Awards Florida $368 Million in Loan Guarantees for Rural Electrification," GrayRobinson Insight, February 7, 2023
  • "How The World Turns: The U.S. and Bolivia Come to Trade Terms Over Singani and American Bourbon/ Tennessee Whiskey," GrayRobinson Insight, January 30, 2023
  • "Lower Food Prices Ahead?" GrayRobinson Insight, January 17, 2023
  • "US Treasury Issues Unified Agenda and Rule-making Initiatives For TTB," GrayRobinson Insight, January 11, 2023
  • "The Most Valuable Alcohol industry Memebers in America? You Might Be Surprised!" GrayRobinson Insight, January 9, 2023
  • "USDA Grants are Important Funding Opportunities for Rural Communities," GrayRobinson Insight, December 28, 2022
  • "Florida's Medical Marijuana Industry: 2022 In Review," Law360, December 20, 2022
  • "USDA Issues New Aid to Recipients From Florida and Across Rural America," GrayRobinson Insight, December 15, 2022
  • "DTC Lawsuits Are Failing to Reach Supreme Court Resolution," Wine Industry Advisor, December 12, 2022
  • "Florida Regulators Issue Emergency Order Defining Dosage and Supply Amounts for Medical Marijuana Patients," GrayRobinson Insight, September 1, 2022
  • "Now is the Time to Defend Important Farm Support Programs," GrayRobinson Insight, July 11, 2022
  • "America’s Farmers: Time to Start Double Cropping," GrayRobinson Insight, June 8, 2022
  • "Census of Agriculture Update for Farmers and Ranchers," June 2, 2022
  • "Biden Launches 'Rural Playbook' for Expanded Relief to AG- America Part 2," April 21, 2022
  • "Biden Launches 'Rural Playbook' for Expanded Relief to AG- America," April 14, 2022
  • "TTBS Continuing Modernization of Federal Alcohol Beverage Labeling and Advertising Regulations," February 9, 2022
  • "USDA Deadline Extension to Enroll in Dairy Margin Coverage and Supplemental Dairy Margin Coverage Programs," February 9, 2022
  • "Alcohol Beverage Lines Continue to Blur," January 7, 2022
  • "Starting 2022 Off Right: The Infrastructure Investment and Jobs Act Includes Significant Funding for Bringing Broadband Access to Rural America," December 29, 2021
  • "USDA Support Payments Now Available for Farmers Affected by The Pandemic," October 4, 2021
  • "How Biden's Competition Order Helps Independent Farms," Law360, July 13, 2021
  • "The Florida Supreme Court Rejects Florigrown’s Constitutional Challenge To The State’s Vertical Licensure System For Medical Marijuana," Cannabis Law Journal, July 8, 2021
  • "Fla. High Court Keeps Tight Grip On Medical Pot Licenses," Law360, June 4, 2021
  • "Most Distilleries That Registered to Produce Hand Sanitizer After January 27, 2020 Will Be Exempt from FDA Fees," March 26, 2021
  • "New York Lawmakers Successfully Agree On Terms to Legalize Recreational Marijuana," March 25, 2021
  • "U.S. House of Representatives Votes to Legalize Marijuana!" December 2020
  • "Adios, Cigarros Cubanos (And Alcohol Too, Mi Amigos and Amigas)!", October 2020
  • "Florida is the Latest State to Consider Making Cocktails-To-Go Permanent," September 2020
  • "All Branches of the US Armed Forces Formally Ban Use of Hemp and CBD Products," September 2020
  • "EPA Directed to Deny Biofuel Waivers to Domestic Oil Refiners," September 2020
  • "COVID-19 in Rural America Jeopardizes America’s Food Chain and Requires Greater Federal Support," September 2020
  • "Trump Administration Rejects Habitat Designation for Endangered Rusty Patch Bumble Bee," September 2020
  • "USDA to Convene a Virtual Town Hall on Salmonella," August 2020
  • "Medical Marijuana Recall Warrants Greater OMMU Disclosure," August 2020
  • "Five to Watch in the Cannabis Industry," August 2020
  • "HEROES Act has Important Benefits for American Farmers and Farmworkers," July 2020
  • "USDA Adds Commodities Eligible for Coronavirus Food Assistance Program (CFAP)," July 2020
  • "FDA Will Resume Domestic Inspections in Late July," July 2020
  • "The USMCA and America’s Alcohol Industry," July 2020
  • "A Step Forward for Cannabis Legitimacy: FinCEN Issues Guidance for Hemp Related Businesses," June 2020
  • "Washington State Leads the Way to Greater Farm Worker Safety," June 2020
  • "ACT NOW! Federal COVID-19 Support for Food Producers," May 2020
  • "Fight COVID-19 by Supporting Farmworkers and Truckers," April 2020
  • "The Increasing Frequency of Grocery and Restaurant Bankruptcies: Canaries In America’s Economic Coal Mine?" January 2020
  • "New York's New Hemp Extract Law and the CBD Marketplace," January 2020
  • "For the First Time, EPA Approves Pesticides for Use in Cultivating Hemp," January 2020
  • "Pending SAFE Banking Act Would Legitimize Marijuana- Related Businesses," New York Daily Weed Report, December 2019
  • "TTB Issues New Priorities for FY 2020," November 2019
  • "USDA Issues New Regulation Creating the Domestic Hemp Production Program," October 2019
  • "CBD Marketplace: How Should We Navigate It?" Food Safety Tech, September 2019
  • "THE SUPREME COURT SPEAKS: Tennessee Wine and Spirits Retailers Assn. v. Thomas," June 2019
  • "THE SUPREME COURT SPEAKS: Iancu v. Brunetti," June 2019
  • "Where Does the Law Stand on Producing Foods and Beverages Containing Cannabidiol (CBD)?" May 2019
  • "FSIS Reforms to Include Removal of Dual Labeling Requirements for Certain Quantities of Meat and Poultry Products," April 2019
  • "USDA Alert - Last Chance to Answer Agriculture Census," July 2018
  • "FDA Issues First Ever Approval for Plant-Based Pharmaceutical Cannabidiol Product to Treat Seizures in Patients with Severe Forms of Epilepsy," June 2018
  • "Salmonella Risks Resurface as Fresh Cut Melon Products Recalled," June 2018
  • "TTB Clarifies its Position on Cannabis/Marijuana as an Ingredient in Alcohol Beverages," May 2018
  • "FDA Advisory Committee Issues First Ever Approval for Plant-Based Pharmaceutical Cannabidiol Product to Treat Seizures in Patients with Severe Forms of Epilepsy," April 2018
  • "Taking Food Certification to the Next Level: From "Organic" to "Regenerative Organic," March 2018
  • "Aluminum Tariffs and Trade Wars: Impact on the Beer Industry, and Perhaps Much More," March 2018
  • "SNAP vs. America’s Harvest Boxes: A Battle to Safeguard Food Security in the United States," March 2018
  • "America's Farmers and Ranchers: The 2017 Agriculture Census Needs Your Input," February 2018
  • "Bumble Bee Foods Consents to Relabeling Smoked Salmon Products in Order to Avoid Class Action Lawsuit," February 2018
  • "New York Governor's Executive Budget Includes Benefits for State Alcohol Industry," January 2018
  • "Congress Launches the Precision Agriculture Connectivity Act of 2018," January 2018
  • "Alcohol and Marijuana: California ABC Issues New Guidance on the Interplay Between the Alcohol and Cannabis Industries," January 2018
  • "TTB Starts 2018 with Guidance on How to Pay FET Using New Alcohol Tax Rates," January 2018
  • "2018 Starts Strong with New Alcohol Legal Developments," January 2018
  • "Multistate Outbreak of E. coli O157:H7 Infections Could Be Linked To Romaine Lettuce," January 2018
  • "UPDATE: The Tax Cut Bill Signed Into Law," December 2017
  • "Understanding the Current State of the Pesticide Dicamba," November 2017
  • "FDA Issues New Warning Letters To Four CBD Products Companies," November 2017
  • "Fruits And Vegetables With Higher Potassium Levels May Help Reduce Arterial Sclerosis And Calcification," Fintech Focus, October 2017
  • "Brewery Recycling: New Process Converts Spent Brewery Grains Into Beer Yeast," Fintech Focus, September 2017
  • "Update 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions Identifies Two Rule-Making Priorities for TTB," September 2017
  • "Initial Congressional "Listening Session" For 2018 Farm Bill Scheduled For Florida," Fintech Focus, June 2017
  • "The California ABC Wins One For The Gipper’s State Tied-House Laws," June 2017
  • "DEA’s Final Rule Listing Marijuana Derivatives As Schedule I Drugs May Prohibit Hemp-Infused Beverages," June 2017
  • "At Last: Scientific Evidence Of Marijuana’s Medicinal Potential Begins To Appear," May 2017
  • "GrayRobinson Ends Florida 2017 Legislative Session with Major Alcohol Accomplishments," May 2017
  • "Scientists Publish New Study Analyzing How Bread Aromas And Tastes Interact To Produce Flavor," May 2017
  • "What A Week! Recent Events Impacting the Legalization of Marijuana," January 2017
  • "The Future of Cannabidiol Oil, Hemp and Other Cannabis-related Products," January 2017
  • "China's Wine Imports Grow Dramatically Without U.S.," December 2016
  • "Trump's Cabinet Picks: Too Soon for Doom?" December 2016
  • "Marijuana Legalization and the 2016 Election," November 2016
  • "FDA’s Next Action On Defining "Natural" For Food Labeling Purposes Remains Unclear," July 2016
  • "TTB Steps Up: New Agency Ruling Makes Clear That Tied-House Exception for Shelf Plans and Schematics Does Not Encompass Broader Service by Distributors," Fintech Focus, February, 2016
  • "Counting Calories: Many Restaurants and Vending Machines Will Soon Be Required to List Calorie Information on Their Menus," Beverage World, October, 2015
  • "What's in it for you? The "State-Action" Exemption to Federal Antitrust Law and The U.S. Supreme Court’s Decision of North Carolina Board of Dental Examiners v. Federal Trade Commission," Fintech Focus, May 2015
  • "Craft Brewing and the Alternating Proprietorship," Fintech Focus, March, 2015
  • "Drunk Driving Rates Continue to Fall," Fintech Focus, February, 2015
  • "The Rapid Revolution in Craft Distilling, and What's Ahead in 2015, Fintech Focus, January 2015
  • New Year's Considerations: Tax Relief for Farmers and Ranchers Hit by Continuing Drought (December 2013)
  • Understanding What It Means for a Wine To Be Labeled "Organic" (June 2013)
  • Understanding USDA’s New "Humane Handling" Requirements for Suppliers of Meat to Federal Nutrition Assistance Programs (May 2013).
  • So You Want To Start a Craft Brewery! (April 2013).
  • Once More Into the Breach: Congress Again Tries to Pass The Local Farms, Food and Jobs Act (March 2013).
  • Complying With the Food Safety Modernization Act of 2013 (February 2013).
  • The Beer Distributor’s Need-To-Know: To Sign, Or Not To Sign The Supplier’s Distribution Agreement, That Is The Question. (December 2012).
  • Preparing for End Of Year E-Commerce Wine Sales (October 2012).
  • Understanding USDA's SNAP and EBT Programs for Retailers (February 2012).
  • Consequences of Tsunami-Related Japanese Calamities on Food Exports to the U.S (March 2011).
  • USDA Pulls Plug On Federal Funding For Florida’s Citrus Canker Eradication Program (March, 2006)
  • GOT MILK? For Students, and School Administrators, It’s Not a Simple Question. (March, 2006)
  • U.S. Supreme Court Decides Direct Shipment of Wine Case (November, 2005)
  • Binge Drinking On Campus: Be Aware of the Legal Restrictions on Coping with Excessive Alcohol Consumption (October 18, 2004)
  • Why State Regulators Require Fingerprints, Personal Questionnaires, and Detailed Financial Information Before They Will Issue Alcohol Beverage License (March 23, 2001)
  • Debates Continue Over Liability For Deaths Caused By On-Campus "Binge Drinking" (November 22, 2000)
  • President Clinton Signs Twenty-first Amendment Enforcement Act (November 22, 2000)
  • Will The Internet End The 3-Tier System? (June 1, 2000)
  • NYC's DWI Seizure Scheme Survives Initial Judicial Review (December 19, 1999)
  • Massachusetts Colleges Ordered to Notify Parents When Students Violate School Alcohol Policies (December 19, 1999)
• Presentations and Seminars
  • "Sixth Annual Advanced Summit on Food Law – Regulation Compliance and Litigation," July 13-14, 2022
  • Moderator, "Restoring Bilateral Trade Between Canada and Florida," GrayRobinson Webinar, March 11, 2021