32B-1-603.5.  Requirements for beer flavorings — Procedure for approval — Department review.

(1)  A manufacturer of a beer that contains a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent as described in Subsection 32B-1-102(11)(b)(iii) may not sell or distribute the beer in the state unless the manufacturer obtains:

Terms Used In Utah Code 32B-1-603.5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Beer: means a product that:
(i) contains:
(A) at least . 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.
  • Packaging: means the outer packaging that is visible to a consumer such as a carton, case, or other wrapper of a container. See Utah Code 32B-1-602
  • 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
    • (a)  the department’s approval to sell or distribute the beer under this section; and

    (b)  the department’s approval of the label and packaging of the beer under Sections 32B-1-604 through 32B-1-606.

    (2) 

    (a)  To obtain approval to sell or distribute a beer that contains a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent as described in Subsection 32B-1-102(11)(b)(iii), the manufacturer of the beer shall submit an application to the department for approval.

    (b)  The application shall require:

    (i)  a copy of:

    (A)  the statement of process and formula filed with the federal Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. § 25.55 for the beer; and

    (B)  the formula approval from the federal Alcohol and Tobacco Tax and Trade Bureau for the beer;

    (ii)  a complete list of each propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent in the beer;

    (iii)  a description of the total amount of alcohol each propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent contributes to the beer; and

    (iv)  other information required by the department to determine whether the beer complies with Subsection 32B-1-102(11)(b)(iii).

    (3)  The department may:

    (a)  assess a fee established under Section 63J-1-504 for reviewing an application for approval under this section; and

    (b)  approve a manufacturer’s application to sell or distribute a beer that contains a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent after determining that the beer complies with Subsection 32B-1-102(11)(b)(iii).

    (4)  If a manufacturer of a beer revises the formula for the beer that the department approved for sale or distribution, the manufacturer shall obtain the department’s approval for the revised formula before selling or distributing the beer.

    (5) 

    (a)  The department may revoke a previous approval under this section upon determining that the beer is not in compliance with this title or the rules of the commission.

    (b)  The department shall notify the manufacturer that applied for an approval under this section at least 30 business days before the day on which the approval is revoked.

    (c)  Within 20 business days after the day on which a manufacturer receives the notice under Subsection (5)(b), the manufacturer may present a written argument or evidence to the department regarding why the revocation should not occur.

    (6) 

    (a)  A manufacturer that applies for approval under this section may appeal a denial or revocation of the approval to the commission.

    (b)  During the period in which a manufacturer appeals a denial or revocation to the commission under Subsection (6)(a), the denial or revocation remains in force.

    (7) 

    (a)  Before July 1, 2024, the department shall review each beer that is sold or distributed in this state to determine whether the beer complies with Subsection 32B-1-102(11) and this part.

    (b)  Before November 30, 2024, the department shall provide a report to the Business and Labor Interim Committee regarding:

    (i)  the process used to conduct the review;

    (ii)  the results of the review; and

    (iii)  any recommendations for legislation based on the results.

    Enacted by Chapter 371, 2023 General Session

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