Utah Admin. Code 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 Title 32B, Chapter 6, 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 is 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 label and packaging of certain malted beverages as required by Section 32B-1-606.

(3) Application.

(a)

(i) Except as provided in Subsection (3)(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) The Department may not accept an original container under Subsection (3)(a)(i).

(iii) If original labels cannot be obtained, the following may be accepted as part of the application:

(A) color reproductions that are exact size; or

(B) if printed in color, 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.

(b) An application for approval is required for any revision of a previously approved label or packaging, including a revision to a label or 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) The statement "alcoholic beverage" or "contains alcohol" and the statement of alcohol content as a percentage of alcohol by volume or weight included on a malted beverage under Section 32B-1-606 shall 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) The Department may consider the following elements of the label or packaging of a malted beverage when determining whether the label or packaging must be rejected under Subsection 32B-1-606(3)(b):

(i) color palette;

(ii) font size and type;

(iii) imagery;

(iv) placement of words, images, or descriptions;

(v) references to alcohol content that are not statutorily required; and

(vi) container type or shape.

Notes

Utah Admin. Code R82-1-105

Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020 Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023 Amended by Utah State Bulletin Number 2024-23, effective 11/22/2024