Section R82-1-105 - Label Approvals(1) Authority. This rule is made pursuant to Section 32B-1-607 which gives the Commission the authority to adopt rules necessary to implement the Malted Beverage Act(2) Purpose. (a) Pursuant to Section 32B-1-604, a manufacturer may not distribute or sell in this state any malted beverage, including a beer, heavy beer, or 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 Sections 32B-1-604 through 32B-1-606.(c) This rule: (i) provides supplemental procedures for applying for and processing label and package approvals;(ii) defines the meaning of certain terms in the Malted Beverage Act; and(iii) establishes the format of certain words and phrases required on the containers and packaging of certain malted beverages as required by Section 32B-1-606.(3) Definitions. (a) "Revision" means any change to packaging that significantly modifies the notice that the product is an alcoholic beverage.(4) Application.(a)(i) Except as provided in subpart (4)(a)(iii), a complete set of original labels for each size of container must accompany each application for label and packaging approval, including 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.(b)(i) Except as provided in subpart (4)(b)(ii), an application for approval is required for any revision of a previously approved label.(ii) An application for approval is required for a revision 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.(c)(i) Pursuant to Section 32B-1-606, a malted 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".(ii) 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".(iii) The words in the statements described in subparts (4)(c)(i) and (ii) must appear: (A) in capital letters and bold type;(B) in a solid contrasting background;(C) on the front of the container and packaging;(D) in a format that is readily legible; and(E) separate and apart from any descriptive or explanatory information.(d)(i) Pursuant to Section 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.(ii) The statement described in subpart (4)(d)(i) must appear: (A) in capital letters and bold type; (B) in a solid contrasting background;(C) in a format that is readily legible; and(D) separate and apart from any descriptive or explanatory information.Utah Admin. Code R82-1-105
Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023