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42.13.203    BEER LABEL APPROVALS

(1) Except as provided in (a), a brewer or beer importer who wishes to sell beer in the state must provide labels for each brand to the department for approval prior to selling or distributing beer within the state. All label changes must be preapproved for both in-state and out-of-state brewers or importers.

(a) A brewer or beer importer of malted beverages who is not subject to the labeling provisions in the regulations of the Tobacco Tax and Trade Bureau (TTB), United States Department of the Treasury as set forth in 27 CFR, as revised on April 1, 2009, is not required to provide the department with labels.

(2) Beer containing more than 8.75% alcohol by volume must be approved by the department prior to being sold or distributed within the state. Beer containing more than 8.75% alcohol by volume must be made by the alcoholic fermentation of an infusion or decoction, or a combination of both, in potable brewing water, of malted cereal grain, in which the sugars used for fermentation of the alcoholic beverage are at least 75% derived from malted cereal grain measured as a percentage of the total dry weight of the fermentable ingredients.

(3) To obtain approval from the department for all beer or formula changes that meet the criteria in (2), the following documents are required:

(a) The brewer or beer importer must file form BeerSS, a sworn statement attesting the formula meets the requirement in (2).

(b) If the brewer or beer importer is required by federal law or regulations to file its formula with TTB, the brewer or beer importer is also required to send a copy of the formula filed with the TTB to the department.

(c) At the department's request and sole discretion, brewers or beer importers must file a formula for verification of its compliance with Montana statutes.

(d) All formulas filed with the department are protected by the privacy act and will not be released by the department unless otherwise required by law or by court order.

(4) A cover letter requesting approval of the labels and formulations shall be sent to the Liquor Control Division, P.O. 1712, Helena, MT 59624.

(5) The department will process the request and provide approval or denial in writing within 30 days.

History: 16-1-303, MCA; IMP, 16-1-302, 16-4-105, MCA; NEW, 2010 MAR p. 757, Eff. 3/26/10.

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