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2020 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 1 - Alcoholic Beverage Control General Provisions
Part 6 - Malted Beverage Act
Section 603 - Power of the commission and department to classify flavored malt beverages.
Universal Citation:
UT Code § 32B-1-603 (2020)
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32B-1-603. Power of the commission and department to classify flavored malt beverages.
Enacted by Chapter 276, 2010 General Session
- (1) The commission and department shall regulate a flavored malt beverage as liquor.
- (2)
- (a) The department shall make available to the public on the Internet a list of the flavored malt beverages authorized to be sold in this state as liquor.
- (b) The list described in Subsection (2)(a) shall be updated at least quarterly.
- (3)
- (a) A manufacturer shall file, under penalty of perjury, a report with the department listing each flavored malt beverage manufactured by the manufacturer that the manufacturer wants to distribute in this state subject to the manufacturer holding:
- (i) a brewery manufacturing license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License; or
- (ii) a certificate of approval.
- (b) A manufacturer may not distribute or sell in this state a flavored malt beverage if the manufacturer does not list the flavored malt beverage in a filing with the department in accordance with this Subsection (3) before distributing or selling the flavored malt beverage.
- (a) A manufacturer shall file, under penalty of perjury, a report with the department listing each flavored malt beverage manufactured by the manufacturer that the manufacturer wants to distribute in this state subject to the manufacturer holding:
- (4) The department may require a manufacturer of a flavored malt beverage to provide the department with a copy of the following filed with the federal Alcohol and Tobacco Tax and Trade 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 or proposes to classify as a flavored malt beverage may submit evidence to the department that its alcoholic 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 is generally 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 a hop extract; and
- (iv)
- (A) is not one for which the producer is required to file a formula for approval with the federal Alcohol and Tobacco Tax and Trade 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 this Subsection (5).
- (c) The department shall make available to the public on the Internet a list of the alcoholic products 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 the commission.
- (a) A manufacturer of an alcoholic product that the department is classifying or proposes to classify as a flavored malt beverage may submit evidence to the department that its alcoholic product should not be treated as liquor under this section because the alcoholic product:
Enacted by Chapter 276, 2010 General Session
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