32A-1-803.   Power of the commission and department to classify flavored malt beverages.
     (1) The commission and department shall beginning on October 1, 2008, regulate a flavored malt beverage as liquor.
     (2) (a) By no later than October 1, 2008, the department shall make available to the public on the Internet a list of all 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) 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 the manufacturer 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 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.
     (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 United States Alcohol and Tobacco Trade 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 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 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 this Subsection (5).
     (c) The department shall make available to the public on the Internet a list of all alcoholic beverages 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.

Enacted by Chapter 391, 2008 General Session
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Last revised: Thursday, May 28, 2009