To obtain approval of the label and packaging of a malted beverage, the manufacturer of the malted beverage shall submit an application to the department for approval.
Terms Used In Utah Code 32B-1-605
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.
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Container: means a receptacle that contains an alcoholic product, including:
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
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)
The application described in Subsection (1) shall be on a form approved by the department and include the following for each brand and label for which the manufacturer seeks approval:
(a)
(i)
a copy of a federal certificate of label approval from the United StatesDepartment of Treasury, Alcohol and Tobacco Tax and Trade Bureau; or
(ii)
if the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau does not require label approval, a copy of formula approval from the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau;
(b)
a complete set of original labels for each size of container of the malted beverage;
(c)
a description of the size of the container on which a label will be placed;
(d)
a description of each type of container of the malted beverage; and
(e)
a description of any packaging for the malted beverage.
(3)
The department may assess a reasonable fee for reviewing a label and packaging for approval.
(4)
(a)
The department shall notify a manufacturer within 30 days after the day on which the manufacturer submits a complete application whether the label and packaging is approved or denied.
(b)
If the department determines that an unusual circumstance requires additional time, the department may extend the time period described in Subsection (4)(a).
(5)
A manufacturer shall obtain the approval of the department of a revision of a previously approved label and packaging before a malted beverage using the revised label and packaging may be distributed or sold in this state.
(6)
(a)
The department may revoke a label and packaging previously approved upon a finding that the label and packaging is not in compliance with this title or rules of the commission.
(b)
The department shall notify the manufacturer who applied for an approved label and packaging at least 30 business days before the day on which the label and packaging approval is considered revoked.
(c)
Within 20 business days after the day on which a manufacturer receives the notice under Subsection (6)(b), the manufacturer may present written argument or evidence to the department on why the revocation should not occur.
(7)
(a)
A manufacturer that applies for approval of a label and packaging may appeal a denial or revocation of a label and packaging approval to the commission.
(b)
During the period in which a manufacturer appeals a denial or revocation of a label and packaging approval to the commission, as permitted under Subsection (7)(a), the denial or revocation shall remain in force.
