Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
(a)
The department shall make available to the public on the Internet a list of the flavored malt beverages authorized to be sold in this state as liquor.
(b)
The list described in Subsection (2)(a) shall be updated at least quarterly.
(3)
(a)
A manufacturer shall file, under penalty of perjury, a report with the department listing each flavored malt beverage manufactured by the manufacturer that the manufacturer wants to distribute in this state subject to the manufacturer holding:
(i)
a brewery manufacturing license issued in accordance with 5; or
(ii)
a certificate of approval.
(b)
A manufacturer may not distribute or sell in this state a flavored malt beverage if the manufacturer does not list the flavored malt beverage in a filing with the department in accordance with this Subsection (3) before distributing or selling the flavored malt beverage.
(4)
The department may require a manufacturer of a flavored malt beverage to provide the department with a copy of the following filed with the federal Alcohol and Tobacco Tax and Trade Bureau, pursuant to 27 C.F.R. § 25.55:
(a)
a statement of process; or
(b)
a formula.
(5)
(a)
A manufacturer of an alcoholic product that the department is classifying or proposes to classify as a flavored malt beverage may submit evidence to the department that the manufacturer’s alcoholic product should not be treated as a flavored malt beverage under this section because the alcoholic product is beer or heavy beer.
(b)
The department shall review the evidence submitted by the manufacturer under this Subsection (5).
(c)
The department shall make available to the public on the Internet a list of the alcoholic products authorized under this Subsection (5) to be sold as beer in this state.
(d)
A decision of the department under this Subsection (5) may be appealed to the commission.
