(a) A qualified student may taste alcoholic beverages, and the student, the authorized instructor, and the qualified academic institution in which the student is enrolled are not subject to criminal prosecution under § 57-5-301, § 57-4-203, § 39-15-404, or title 39, chapter 17, part 7, if:
Terms Used In Tennessee Code 57-4-109
beverage: means and includes alcohol, spirits, liquor, wine, and every liquid containing alcohol, spirits, wine and capable of being consumed by a human being, other than patented medicine or beer as defined in §. See Tennessee Code 57-4-102
Commission: means the alcoholic beverage commission, created pursuant to chapter 1 of this title. See Tennessee Code 57-4-102
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Wine: means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. See Tennessee Code 57-4-102
(1) The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution;(2) The qualified academic institution has established a program of study that is designed to train industry professionals in the production of fermented or distilled food or beverage products;(3) The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course or training required for the program of study; and(4) The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least twenty-one (21) years of age.(b) This section does not authorize a student under twenty-one (21) years of age to receive an alcoholic beverage unless it is delivered as part of the student’s curriculum requirements in the student’s program of study.(c) A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section; provided, that an extra fee or charge is not imposed for the alcoholic beverages being tasted. Tuition normally charged for a course must not be considered an extra fee or charge.(d) As used in this section:
(1) “Alcoholic beverage” includes beer as defined in§ 57-5-101;(2) “Program of study” means:
(A) An academic program offered by a qualified academic institution that leads to a certificate, diploma, associate degree, or bachelor’s degree; or(B) An apprenticeship program facilitated by a qualified academic institution;(3) “Qualified academic institution” means a public or private postsecondary institution accredited by a commission recognized by the United States department of education;(4) “Qualified student” means a student enrolled in a fermentation science, wine making, mead making, brewing, or distilling program of study at a qualified academic institution; and(5) “Taste” means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage.
