57-2-101 -

57-2-101. “Intoxicating liquors” and “intoxicating drinks” defined Fuel alcohol exception.

(a)  “Intoxicating liquors” or “intoxicating drinks,” as defined in this chapter, means and includes alcohol, spirits, liquors, wines and every liquid or solid, patented or not, containing alcohol, spirits, liquor or wine, and capable of being consumed by human beings; but nothing in this chapter shall be construed or defined as including or relating to the manufacture of any beverage with alcohol content of five percent (5%) or less.

(b)  The provisions of this title shall not apply to fuel alcohol as it is defined in § 67-3-1203, and the provisions of this title shall not apply to ethanol that is produced in a facility whose production process is primarily a wet milling process, sold and transported in bulk lots of five thousand gallons (5,000 gals.) or more and not packaged for retail sale by the holder of a valid alcohol fuels permit or a valid distilled spirits permit:

     (1)  For export to another country;

     (2)  To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or

     (3)  To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one half of one percent (0.5%) alcohol by volume.

[Acts 1937, ch. 193, § 2; C. Supp. 1950, § 6648.2; T.C.A. (orig. ed.), § 57-103; Acts 1980, ch. 786, § 3; 1997, ch. 155, § 1.]