Utah Code 32B-10-404. Specific operational requirements for industrial or manufacturing use permit

(1)

Terms Used In Utah Code 32B-10-404

Container: means a receptacle that contains an alcoholic product, including:

(a)

a bottle;

(b)	a vessel; or

(c)

a similar item. 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

offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102

Permittee: means a person issued a permit under:

(a)	Chapter 9, Event Permit Act; or

(b)

Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102

Staff: includes :

(i)	an officer;

(ii)	a director;

(iii)

an employee;

(iv)	personnel management;

(v)	an agent of the licensee, including a managing agent;

(vi)	an operator; or

(vii)	a representative. See Utah Code 32B-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)	In addition to complying with Section 32B-10-206, an industrial or manufacturing use permittee and staff of the industrial or manufacturing use permittee shall comply with this section.

(b)

Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

(i)	an industrial or manufacturing use permittee;

(ii)	individual staff of an industrial or manufacturing use permittee; or

(iii)

an industrial or manufacturing use permittee and staff of the industrial or manufacturing use permittee.

(2)

An industrial or manufacturing use permittee may produce for lawful use and sale the following:

(a)

vinegar;

(b)	preserved nonintoxicating cider;

(c)	a food preparation;

(d)

a United States Pharmacopoeia or national formulary preparation in conformity with Title 58, Chapter 17b, Pharmacy Practice Act, Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, and Chapter 37c, Utah Controlled Substance Precursor Act, if the preparation:

(i)

conforms to standards established by:

(A)	the Department of Agriculture and Food; and

(B)	the Department of Health; and

(ii)	contains no more alcohol than is necessary to preserve or extract the medicinal, flavoring, or perfumed properties of the treated substances; and

(e)	wood and denatured alcohol if manufactured in compliance with the formulas and regulations under Title 27, C.F.R. Parts 19, 20, and 21.

(3)

(a)	An industrial or manufacturing use permittee that produces patent or proprietary medicines containing alcohol may sell or offer for sale the medicines in the original and unbroken container if the medicine contains sufficient medication to prevent its use as an alcoholic product.

(b)	An industrial or manufacturing use permittee described in this Subsection (3) shall, upon request by the department, provide a sufficient sample of the medicine to enable the department to have the medicine analyzed for purposes of this section.

Amended by Chapter 307, 2011 General Session
Amended by Chapter 334, 2011 General Session

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