| (a) For products registered with the commission using
a federal COLA, any change to the label or product that requires issuance
of a new COLA requires reapplication for product registration with
the commission.
(b) For products registered with the commission that
are not eligible for a federal COLA, any change to the label or product
requires reapplication for product registration with the commission,
except for the following permissible label revisions:
(1) Deleting any non-mandatory label information, including
text, illustrations, graphics, and ingredients;
(2) Repositioning any label information, including
text, illustrations, and graphics;
(3) Changing the color of the background or text, the
shape, or the proportionate size of labels;
(4) Changing the type size or font or make appropriate
changes to the spelling (including punctuation marks and abbreviations)
of words;
(5) Changing the type of container or net contents
statement;
(6) Adding, deleting, or changing optional information
referencing awards, medals or a rating or recognition provided by
an organization as long as the rating or recognition reflects simply
the opinion of the organization and does not make a specific substantive
claim about the product or its competitors;
(7) Adding, deleting, or changing holiday or seasonal-themed
graphics, artwork, or salutations;
(8) Adding, deleting, or changing promotional sponsorship-themed
graphics, logos, artwork, dates, event locations or other sponsorship-related
information; and
(9) Adding, deleting or changing references to a year
or date.
(c) Not later than September 1, 2023, producers of
products required to obtain a first federal COLA pursuant to Alcoholic
Beverage Code §101.67(a) must reapply for commission registration
of any such product that will be shipped or imported into the state,
manufactured and offered for sale, or distributed or sold on or after
Sept. 1, 2023, unless granted an exception under subsection (d) of
this section.
(d) The executive director may issue a temporary Certificate
of Registration containing an expiration date at the request of a
producer demonstrating that the producer requires additional time
beyond September 1, 2023 to use up products bearing labels approved
by the commission and printed before December 31, 2020.
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