(a) In addition to the provisions of §45.5 of
this title, the commission may deny registration for a malt beverage
for the following reasons:
(1) the label filed with the application by a brewer's
or nonresident brewer's licensee:
(A) indicates by any statement, design, device, or
representation that the malt beverage is brewed or bottled for any
retailer permittee or licensee or any private club registration permittee;
(B) includes the name, tradename, or trademark of any
retailer permittee or licensee or any private club registration permittee;
or
(C) fails to include the alcohol content by volume
as required by subsection (c) of this section.
(2) the brand of malt beverages by a brewer's or nonresident
brewer's licensee is exclusive to the holder of a license or permit
authorizing the retail sale or service of malt beverages, or exclusive
to retail licensees or permittees under common ownership, control,
or management, to the exclusion of other retail licensees or permittees;
or
(3) with the exception of the brewpub licensee's name,
tradename or trademark, the label filed by a brewpub licensee:
(A) indicates by any statement, design, device, or
representation that the malt beverage is brewed or bottled for any
retailer permittee or licensee or for any private club registration
permittee (other than the brewpub licensee label applicant itself,
an entity under common ownership with it, or an entity with the same
name or tradename as it); or
(B) includes the name, tradename, or trademark of any
retailer permittee or licensee or of any private club registration
permittee (other than the brewpub licensee label applicant itself,
an entity under common ownership with it, or an entity with the same
name or tradename as it).
(b) Nothing in this subchapter or in Alcoholic Beverage
Code Chapter 74 authorizes a brewpub licensee to engage in contract
brewing or alternating brewery proprietorship arrangements, and its
facilities may not be used to provide such arrangements or engage
in such activities, which are authorized only for holders of licenses
under Alcoholic Beverage Code Chapters 62 or 63.
(c) All labels subject to this section must include
alcohol content by volume according to the following schedule:
(1) For all new product registrations after September
1, 2021, labels must include the product's alcohol content by volume.
(2) Except as provided in paragraph (3) of this subsection,
products registered with the commission prior to September 1, 2021,
must include alcohol content by volume on products shipped or imported
into the state, manufactured and offered for sale, or distributed
or sold on or after September 1, 2023.
(3) Notwithstanding paragraph (2) of this subsection,
if prior to September 1, 2023, a manufacturer subject to this rule
makes a change to a label or product requiring issuance of a new COLA,
the manufacturer shall also revise the product's label to include
its alcohol content by volume as part of the application for a new
COLA.
|