32A-1-803 (Repealed 07/01/11) - Power of the commission and department to classify flavored malt beverages.
32A-1-803 (Repealed 07/01/11). Power of the commission and department toclassify flavored malt beverages.
(1) The commission and department shall beginning on October 1, 2008, regulate aflavored malt beverage as liquor.
(2) (a) By no later than October 1, 2008, the department shall make available to thepublic on the Internet a list of all flavored malt beverages authorized to be sold in this state asliquor.
(b) The list described in Subsection (2)(a) shall be updated at least quarterly.
(3) (a) Beginning on August 1, 2008, a manufacturer shall file, under penalty of perjury,a report with the department listing each flavored malt beverage manufactured by themanufacturer that the manufacturer wants to distribute in this state on or after October 1, 2008,subject to the manufacturer holding:
(i) a brewery license under Chapter 8, Part 4, Brewery Licenses; or
(ii) a certificate of approval issued by the department under Subsection 32A-8-101(4).
(b) On or after October 1, 2008, a manufacturer may not distribute or sell in this state aflavored malt beverage if the manufacturer does not list the flavored malt beverage in a filingwith the department in accordance with this Subsection (3) before distributing or selling theflavored malt beverage.
(4) The department may require a manufacturer of a flavored malt beverage to providethe department with a copy of the following filed with the United States Alcohol and TobaccoTrade and Tax Bureau, pursuant to 27 C.F.R. Sec. 25.55:
(a) a statement of process; or
(b) a formula.
(5) (a) A manufacturer of an alcoholic product that the department is classifying orproposes to classify as a flavored malt beverage may submit evidence to the department that itsalcoholic product should not be treated as liquor under this section because the alcoholic product:
(i) is obtained by fermentation, infusion, or decoction of a malted grain;
(ii) is produced by processing, filtration, or another method of manufacture that isgenerally recognized as a traditional process in the production of beer as described in 27 C.F.R.Sec. 25.55;
(iii) does not have added to it a flavor or other ingredient containing alcohol, except for ahop extract; and
(iv) (A) is not one for which the producer is required to file a formula for approval withthe United States Alcohol and Tobacco Trade and Tax Bureau pursuant to 27 C.F.R. Sec. 25.55;or
(B) is exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
(b) The department shall review the evidence submitted by the manufacturer under thisSubsection (5).
(c) The department shall make available to the public on the Internet a list of all alcoholicbeverages authorized under this Subsection (5) to be sold as beer in this state.
(d) A decision of the department under this Subsection (5) may be appealed to thecommission.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 391, 2008 General Session