Utah Code 32B-11-504. Department’s authority regarding small-brewer status

32B-11-504. Department’s authority regarding small-brewer status.

(1)	A brewer seeking to obtain small-brewer status shall provide to the department any documentation or information the department determines necessary to determine if the brewer is part of a controlled group of manufacturers.

Terms Used In Utah Code 32B-11-504

Brewer: means a person engaged in manufacturing:

(a)

beer;

(b)	heavy beer; or

(c)

a flavored malt beverage. See Utah Code 32B-1-102

Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 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

Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by:

(a)	if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and

(b)

excluding beer, heavy beer, or flavored malt beverage the brewer:

(i)	manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(ii)	does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102
(2)	The department may revoke a brewer’s small-brewer status at any time, if the department determines the brewer does not qualify as a small brewer.

Amended by Chapter 447, 2022 General Session

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