2020 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 1 - Alcoholic Beverage Control General Provisions
Part 6 - Malted Beverage Act
Section 605 - General procedure for approval.

Universal Citation:
UT Code § 32B-1-605 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Effective 5/8/2018
32B-1-605. General procedure for approval.
  • (1) To obtain approval of the label and packaging of a malted beverage, the manufacturer of the malted beverage shall submit an application to the department for approval.
  • (2) The application described in Subsection (1) shall be on a form approved by the department and include the following for each brand and label for which the manufacturer seeks approval:
    • (a)
      • (i) a copy of a federal certificate of label approval from the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau; or
      • (ii) if the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau does not require label approval, a copy of formula approval from the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau;
    • (b) a complete set of original labels for each size of container of the malted beverage;
    • (c) a description of the size of the container on which a label will be placed;
    • (d) a description of each type of container of the malted beverage; and
    • (e) a description of any packaging for the malted beverage.
  • (3) The department may assess a reasonable fee for reviewing a label and packaging for approval.
  • (4)
    • (a) The department shall notify a manufacturer within 30 days after the day on which the manufacturer submits an application whether the label and packaging is approved or denied.
    • (b) If the department determines that an unusual circumstance requires additional time, the department may extend the time period described in Subsection (4)(a).
  • (5) A manufacturer shall obtain the approval of the department of a revision of a previously approved label and packaging before a malted beverage using the revised label and packaging may be distributed or sold in this state.
  • (6)
    • (a) The department may revoke a label and packaging previously approved upon a finding that the label and packaging is not in compliance with this title or rules of the commission.
    • (b) The department shall notify the person who applies for the approval of a label and packaging at least five business days before the day on which a label and packaging approval is considered revoked.
    • (c) After receiving notice under Subsection (6)(b), a manufacturer may present written argument or evidence to the department on why the revocation should not occur.
  • (7) A manufacturer that applies for approval of a label and packaging may appeal a denial or revocation of a label and packaging approval to the commission.


Amended by Chapter 281, 2018 General Session
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