Thiruvananthapuram: In a recent judgment, the Supreme Court struck down the Kerala Government’s 2007 order that had capped the maximum ethyl alcohol content in coconut toddy at 8.1% v/v(volume/volume) and quashed all prosecutions based on that limit.

This brings an end to a 16-year legal tussle over the permissible alcohol content in naturally fermented toddy--a dispute that has long impacted toddy shop owners across the state.

What was the dispute about?

In 2007, the Kerala Government issued government order fixing the permissible ethyl alcohol content in coconut toddy at 8.1% v/v, citing public health and regulatory concerns.

Several toddy shop licensees were prosecuted under Rule 9(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 2002, for allegedly violating this limit. These cases led to multiple FIRs, and were initially challenged in the Kerala High Court, which dismissed the petitions.

The matter then reached the Supreme Court in the form of civil appeals, including the petition filed by Komalan, a former toddy shop licensee from Thiruvananthapuram.

On May 1, 2024, while hearing the appeals, the Supreme Court directed the Kerala Government to revisit the rules and assess whether the 8.1% cap was scientifically valid.

Following this, the State constituted an Expert Committee to conduct a detailed investigation.

Findings

The committee collected toddy samples from across Kerala and tested them in the three regional laboratories of the Chief Chemical Examiner to the Government. The testing was done using standardised and validated scientific methods.

The committee also reviewed both domestic and international literature on toddy fermentation and ethanol generation. It concluded that the natural alcohol content in coconut toddy could exceed 8.1% without any adulteration.

Based on its findings, the committee recommended fixing the new permissible ethyl alcohol limit at 8.98% v/v at 15.56°C.

The State Government accepted this recommendation and issued a new Government Order on July 16, 2025, to update the standard.

What did the Supreme Court rule?

Referring to the Expert Committee’s findings, the bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar ruled that prosecutions under the earlier 8.1% limit could no longer be justified.

“In view of the above clarity by virtue of the Expert Committee report, prosecutions based on the assumption that the maximum ethyl alcohol content of coconut toddy shall not exceed 8.1% v/v cannot be sustained. The 2007 Government Order is set aside. Consequently, all prosecutions initiated on the basis of the said notification stand quashed.”

Background- Who supported the 2007 government order?

The 2007 cap was originally backed by a former Chief Chemical Examiner and aligned with Bureau of Indian Standards (BIS) guidelines of 5%-8% v/v at 20°C. The State had earlier rejected a Kerala University study by Prof. T N Anirudhan, which suggested allowing up to 9.59% v/v.

Further, research by former director of the Coconut Research Institute, showed toddy could naturally reach 8.1% alcohol after 33 hours of fermentation.

With over 5,000 licensed toddy shops in Kerala selling nearly 3 lakh litres daily, the ruling is expected to have a significant impact on the industry. The State is also working to modernise the sector through the newly formed Toddy Board, aimed at promoting toddy as a safe, traditional beverage.

A gazette notification is expected to be issued soon, formally updating the regulation.

(With agency inputs)