Utah Code 32B-4-420. Unlawful adulteration

(1)

For purposes of this section, “tamper” means to do one or more of the following to the contents of a container:

Terms Used In Utah Code 32B-4-420

Beer: means a product that:

(i)

contains:

(A)

at least . See Utah Code 32B-1-102

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

Furnish: includes to:

(i)

serve;

(ii)	deliver; or

(iii)

otherwise make available. See Utah Code 32B-1-102

Licensee: means a person who holds a license. See Utah Code 32B-1-102

Liquor: includes :

(A)	heavy beer;

(B)

wine; and

(C)

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

Package agent: means a person who holds a package agency. 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 Person: means :Utah Code 68-3-12.5 Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
(a)	fortify;

(b)	adulterate;

(c)	contaminate;

(d)

dilute;

(e)	change its character or purity; or

(f)	otherwise change.

(2)

A person may not, for any purpose, mix or allow to be mixed with an alcoholic product sold or supplied by the person as a beverage any of the following:

(a)

a drug;

(b)	methylic alcohol;

(c)	a crude, unrectified, or impure form of ethylic alcohol; or

(d)	another deleterious substance.

(3)

(a)

The following may not engage in an act listed in Subsection (3)(b):

(i)	a package agent;

(ii)	a retail licensee;

(iii)

a permittee;

(iv)	a beer wholesaler licensee;

(v)	a liquor warehouser licensee;

(vi)	a supplier; or

(vii)

an importer.

(b)

A person listed in Subsection (3)(a) may not:

(i)	tamper with the contents of a container of alcoholic product as originally marketed by a manufacturer;

(ii)	refill or partly refill with any substance the contents of an original container of alcoholic product as originally marketed by a manufacturer;

(iii)

misrepresent the brand of an alcoholic product sold or offered for sale; or

(iv)	sell or furnish a brand of alcoholic product that is not the same as that ordered by a purchaser without first advising the purchaser of the difference.

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

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