La. Admin. Code tit. 55 § VII-333

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-333 - Regulation XIV-Alcoholic Beverage Container Label Registration

A. The purpose of this regulation is to promote the safety and welfare of Louisiana consumers and commerce by prohibiting alcoholic beverage labels that are deceptive or likely to mislead the consumer with regards to the nature of the product or quantity thereof; to ensure that the consumer is provided with adequate information as to the identity and quality of the products, the alcoholic content thereof, the net contents of the package, and the manufacturer or bottler or importer of the product; and to prohibit statements on alcoholic beverage labels that are disparaging of a competitors products or are false, misleading, obscene, or indecent.

B. No alcoholic beverage manufacturer, supplier, or importer shall sell or ship or deliver for sale or shipment, or otherwise introduce in Louisiana commerce, any distilled spirits, wine, cider, mead, malt beverages, or any other product having an alcohol content of more than 1/2 of 1 percent by volume (unless expressly excepted in R.S. 26:3), unless all the following requirements have been met:

1. the alcoholic beverage manufacturer, supplier, or importer holds a valid manufacturers permit with the Office of Alcohol and Tobacco Control;

2. each product is packaged in containers that comply with any applicable standard of fill and casing requirements set out in title 26 of the Louisiana Revised Statutes;

3. each product is labeled in conformity with all requirements of the applicable part of title 27 of the Code of Federal Regulations;

4. each product label has been registered in Louisiana via the electronic submission system approved by the Office of Alcohol and Tobacco Control by a manufacturer holding an active Louisiana manufacturers permit; and

5. if product label registration with the Alcohol and Tobacco Tax and Trade Bureau is not required, each product label has been approved by the Office of Alcohol and Tobacco Control.

C. All alcoholic beverage product label registrations shall be renewed annually by June 30 via the electronic submission system approved by the Office of Alcohol and Tobacco Control.

D. The submission of a certificate of label approval prepared in compliance with the requirements of the Alcohol and Tobacco Tax and Trade Bureau shall constitute satisfactory compliance for the registration of products and labels pursuant to this Section, and such registration shall become effective upon submission of a completed application.

E. No manufacturer licensed in Louisiana shall sell or offer for sale to any wholesaler any alcoholic beverage product that does not have a valid and current label registration with the Office of Alcohol and Tobacco Control.

F. No person or entity shall alter, destroy, obliterate, or remove any mark, brand, or label upon distilled spirits, wine, cider, mead, malt beverages, or any other product having an alcohol content of more than 1/2 of 1 percent by volume (unless expressly excepted in R.S. 26:3) held for sale in Louisiana commerce or after shipment therein, except as authorized by federal law or except pursuant to federal regulation authorizing relabeling for purposes of compliance with the requirements of federal or state law or regulation and submitted to the Office of Alcohol and Tobacco Control for advance approval.

G. No retail dealer operating in Louisiana shall receive, sell, or offer for sale any alcoholic beverage product that misrepresents the brand, identity, age or origin of the beverage.

H. All alcoholic beverage brands and registered labels sold or offered for sale in Louisiana must be owned by a manufacturer licensed in Louisiana.

I. Violations of this Section may result in

1. reporting to the Alcohol and Tobacco Tax and Trade Bureau;

2. the denial of a Louisiana alcoholic beverage permit; and

3. the imposition of any penalty permissible under Louisiana law.

La. Admin. Code tit. 55, § VII-333

Promulgated by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 431555 (8/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:793(D).