R81-1-27. Label Approvals

  (1) Authority. This rule is pursuant to 32B-1-606(2)(c) and (d) and 32B-1-607 which give the commission the authority to adopt rules necessary to fully implement certain aspects of the Malted Beverages Act, 32B-1-601-608.

  (2) Purpose.

  (a) Pursuant to 32B-1-604, a manufacturer may not distribute or sell in this state any malted beverage including beer, heavy beer, and flavored malt beverage unless the label and packaging of the beverage has been first approved by the department.

  (b) The requirements and procedures for applying for label and packaging approval are set forth in 32B-1-604 to -606.

  (c) This rule:

  (i) establishes administrative fees that may be assessed by the department to process applications for the approval of malt beverage labels and packaging;

  (ii) provides supplemental procedures for applying for and processing label and package approvals;

  (iii) defines the meaning of certain terms in the Malted Beverages Act; and

  (iv) establishes the format of certain words and phrases required on the containers and packaging of certain malt beverages as required by 32B-1-606(2)(c) and (d).

  (3) Application of Rule.

  (a) The department shall assess a fee of $30.00 made payable to the "Department of Alcoholic Beverage Control" for each application submitted for label and packaging approval.

  (b) A complete set of original labels for each size of container must accompany each application for label and packaging approval.

  (i) This includes all band, strip, front and back labels appearing on any individual container.

  (ii) Original containers will not be accepted.

  (iii) If original labels cannot be obtained, the following will be accepted:

  (A) color reproductions that are exact size; or

  (B) a copy of the federal certificate of label approval (COLA) from the Department of Treasury, Tax and Trade Bureau (Form TTB F5100.31) with the exact size label if printed in color.

  (c) An application for approval is required for any revision of a previously approved label.

  (d) A "revision" includes any changes to packaging that significantly modifies the notice that the product is an alcoholic beverage.

  (e) An application for approval is not required for any changes to packaging that relates to subject matter other than the required notice that the product is an alcoholic beverage such as temporary seasonal or promotional themes.

  (f) Pursuant to 32B-1-606, a malt beverage that is packaged in a manner that is similar to a label or package used for a nonalcoholic beverage must bear a prominently displayed label or a firmly affixed sticker on the container that includes the statement "alcoholic beverage" or "contains alcohol". Any packaging of a flavored malt beverage must also prominently include, either imprinted on the packaging or imprinted on a sticker firmly affixed to the packaging the statement "alcoholic beverage" or "contains alcohol". The words in the statement must appear:

  (i) in capital letters and bold type;

  (ii) in a solid contrasting background;

  (iii) on the front of the container and packaging;

  (iv) in a format that is readily legible; and

  (v) separate and apart from any descriptive or explanatory information.

  (g) Pursuant to 32B-1-606, the label on a flavored malt beverage container shall state the alcohol content as a percentage of alcohol by volume or by weight. The alcohol content statement must appear:

  (i) in capital letters and bold type;

  (ii) in a solid contrasting background;

  (iii) in a format that is readily legible; and

  (iv) separate and apart from any descriptive or explanatory information.