Utah Admin. Code R82-11-103 - Out of State Business
(1)
(a) Purpose. Pursuant to section
32B-11-201, brewers located
outside the state must obtain a certificate of approval from the Department
before selling or delivering beer containing an alcohol content of less than 4%
alcohol by volume before November 1, 2019 and less than 5% alcohol by volume on
or after November 1, 2019 to licensed beer wholesalers in this state, or if a
small brewer, to licensed beer wholesalers or retailers in this state. These
certificates must be renewed annually.
(b) In addition to issuing certificates of
approval to brewers who actually produce the beer, the Department has also
issued certificates to (1) importers that hold federal permits, and have the
contractual rights to distribute and market beer for foreign breweries; and (2)
marketing agents that distribute and market beer for domestic breweries. The
Department has also allowed brewers with a certificate of approval to market
the products on behalf of other brewers under that certificate. However, this
has resulted in a loss of direct regulatory authority over the breweries that
actually produce the beer.
(c) This
rule ensures that each producer of beer obtain its own certificate of approval
to allow its beer to be sold or delivered in this state.
(2) Application of Rule.
(a) A certificate of approval to sell or
deliver beer in this state under section
32B-11-201 may be issued only to
the company that is ultimately responsible for producing the beer. The company
holding the certificate may not allow another brewery to sell or deliver beer
to this state under the certificate holder's certificate. A certificate of
approval may not be issued to any third party such as an importer or marketing
agent that does not actually manufacture or produce alcoholic
beverages.
(b)
(i) This rule does not preclude the company
that holds the certificate of approval from having its brand of beer produced
by another brewery under contract under the brand name of the certificate
holder's company.
(ii) A
certificate holder is responsible to ensure that any beer produced by the
contract-brewery complies with the alcoholic beverage laws of this state and
any violations committed by the contract brewery will be the responsibility of
the certificate holder.
(c)
(i) A
distillery or winery that has beer produced for it by a brewery under contract
under the distillery's or winery's brand name is deemed to be a "brewery" for
purposes of section 32B-11-201, and may be issued a certificate of
approval.
(ii) A distillery or
winery described in Subsection (2)(c)(i) is responsible to ensure that any beer
produced by the contract-brewery complies with the alcoholic beverage laws of
this state. Any violations committed by the contract brewery will be the
responsibility of the distillery or winery that holds the
certificate.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.