32A-1-809. Transition protections.
(1) Except as provided in Subsection (3), a manufacturer of a flavored malt beverage
may not be held liable under this title for distributing or selling a flavored malt beverage as a beer
if:
(a) the flavored malt beverage is distributed or sold on or before September 30, 2008;
and
(b) the manufacturer when distributing or selling the flavored malt beverage complies
with the requirements of this title for distributing or selling a beer including 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).
(2) Except as provided in Subsection (3), a licensee or permittee may not be held liable
for the sale, offering, or furnishing of a flavored malt beverage as a beer if:
(a) the flavored malt beverage is sold, offered, or furnished on or before September 30,
2008; and
(b) the licensee or permittee when selling, offering, or furnishing the flavored malt
beverage complies with the requirements of this title for selling, offering, or furnishing a beer
under the license or permit held by the licensee or permittee.
(3) This section does not apply to liability under Chapter 14a, Alcoholic Beverage
Liability.
Enacted by Chapter 391, 2008 General Session
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Last revised: Thursday, May 28, 2009