Section 45.40 - Certificate of Registration for a Malt Beverage Product(a) No malt beverage may be shipped into the state or sold within the state without a Certificate of Registration issued by the commission.(b) An applicant for a Certificate under this section must hold a brewer's license , nonresident brewer's license , or brewpub license issued by the commission.(c) A nonresident brewer's agent may file an application for a Certificate of Registration on behalf of a holder of a nonresident brewer's license.(d) An applicant must submit an Application to Register a Malt Beverage on the form prescribed by the commission along with the application fee to the commission. The application must contain the following: (1) If the product is eligible for a COLA: (A) legible copy of the COLA;(B) an actual label that is affixed to the malt beverage as shipped or sold, or a legible exact color copy of a label; and(C) all information required to complete the application form.(2) If the product is not eligible for a COLA:(A) an actual label that is affixed to the malt beverage as shipped or sold, or a legible exact color copy of the label;(C) all information required to complete the application form.(e) Labels for beverages that meet the definition of malt beverage but are ineligible for a COLA must also comply with 21 C.F.R. Part 101; 27 C.F.R. Parts 16 and 25; 21 U.S.C. §§ 341-350; RSA 26 U.S.C. Ch. 51; and 27 U.S.C. § 215.16 Tex. Admin. Code § 45.40
Adopted by Texas Register, Volume 45, Number 41, October 9, 2020, TexReg 7246, eff. 12/31/2020; Adopted by Texas Register, Volume 46, Number 34, August 20, 2021, TexReg 5183, eff. 9/1/2021