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TITLE 16ECONOMIC REGULATION
PART 3TEXAS ALCOHOLIC BEVERAGE COMMISSION
CHAPTER 45MARKETING PRACTICES
SUBCHAPTER DSPECIFIC REQUIREMENTS FOR MALT BEVERAGES
RULE §45.40Certificate of Registration for a Malt Beverage Product

(a) No malt beverage may be shipped into the state or sold within the state without a Certificate of Registration issued by the commission.

(b) An applicant for a Certificate under this section must hold a brewer's license, nonresident brewer's license, or brewpub license issued by the commission.

(c) A nonresident brewer's agent may file an application for a Certificate of Registration on behalf of a holder of a nonresident brewer's license.

(d) An applicant must submit an Application to Register a Malt Beverage on the form prescribed by the commission along with the application fee to the commission. The application must contain the following:

  (1) If the product is eligible for a COLA:

    (A) legible copy of the COLA;

    (B) an actual label that is affixed to the malt beverage as shipped or sold, or a legible exact color copy of a label; and

    (C) all information required to complete the application form.

  (2) If the product is not eligible for a COLA:

    (A) an actual label that is affixed to the malt beverage as shipped or sold, or a legible exact color copy of the label;

    (B) TTB formulation; and

    (C) all information required to complete the application form.

(e) Labels for beverages that meet the definition of malt beverage but are ineligible for a COLA must also comply with 21 C.F.R. Part 101; 27 C.F.R. Parts 16 and 25; 21 U.S.C. §§341-350; 26 U.S.C. Ch. 51; and 27 U.S.C. §215.


Source Note: The provisions of this §45.40 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182

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