Texas Alcoholic Beverage Code
Sec. § 101.67
Prior Approval of Malt Beverages


(a)

No person may ship or cause to be shipped into the state, import into the state, manufacture and offer for sale in the state, or distribute, sell, or store in the state any beer, ale, or malt liquor unless:

(1)

a sample of the beverage or a sample of the same type and quality of beverage has been first tested to verify the alcohol content of the beverage by:

(A)

an independent laboratory;

(B)

a laboratory certified by the United States Alcohol and Tobacco Tax and Trade Bureau or its successor agency as qualified for the analysis of beer for export; or

(C)

the commission; and

(2)

the label of the beverage has been first submitted to the commission or its representative and found to comply with all provisions of this code relating to the labeling of the particular type of beverage.

(b)

Only a brewers or nonresident brewers permittee, a manufacturers or nonresident manufacturers licensee, or a brewpub licensee may apply for and receive label approval on beer, ale, or malt liquor.

(c)

This section does not apply to the importation of beer for personal consumption and not for sale.

(d)

If the commission determines that the product tested and label submitted under Subsection (a) comply with the provisions of this code and the rules of the commission, the commission shall issue a certificate of approval upon receipt of a fee in an amount that is sufficient to cover the cost of administering this section. A copy of the certificate shall be kept on file in the office of the commission.

(e)

The commission may require proof by affidavit or otherwise that a laboratory performing a test under Subsection (a)(1)(A) is independent.
Acts 1977, 65th Leg., p. 496, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 495, Sec. 4, eff. Aug. 31, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 20, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 614 (S.B. 858), Sec. 1, eff. June 16, 2015.
Acts 2017, 85th Leg., R.S., Ch. 847 (H.B. 2299), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 277(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 277(b), eff. September 1, 2021.

(b)

Only a brewers or nonresident brewers permittee, a manufacturers or nonresident manufacturers licensee, or a brewpub licensee may apply to register malt beverages with the commission.

(b)

Only a brewers or nonresident brewers licensee, or a brewpub licensee may apply to register malt beverages with the commission.

(c)

This section does not apply to the importation of beer for personal consumption and not for sale.

(c)

This section does not apply to the importation of malt beverages for personal consumption and not for sale.

(d)

On registration of a certificate of label approval issued by the United States Alcohol and Tobacco Tax and Trade Bureau, the commission shall approve the product under this section and issue a letter to that effect to the licensee unless the commission determines the product, despite having a valid federal certificate of label approval, would create a public safety concern, create a cross-tier violation, or otherwise violate this code.

(d-1)

If the commission approves the product, the commission shall issue a certificate of approval upon receipt of a fee in an amount that is sufficient to cover the cost of administering this section. A copy of the certificate shall be kept on file in the office of the commission.

(e)

Not later than the 30th day after the date the commission receives an application for registration of a product under this section, the commission shall either approve or deny the registration application. If the commission denies the application for a product with a valid federal certificate of label approval or fails to act on the application within the time required by this subsection, the licensee submitting the application is entitled to an administrative hearing before the State Office of Administrative Hearings.

(f)

The commission by rule shall establish procedures for:

(1)

accepting federal certificates of label approval for registration under this section;

(2)

registering alcoholic beverage products that are not eligible to receive a certificate of label approval issued by the United States Alcohol and Tobacco Tax and Trade Bureau; and

(3)

registering alcoholic beverage products during periods when the United States Alcohol and Tobacco Tax and Trade Bureau has ceased processing applications for a certificate of label approval.

(g)

The commission shall consider the nutrition label requirements of the United States Food and Drug Administration and the alcohol label requirements of the United States Alcohol and Tobacco Tax and Trade Bureau in developing the label requirements to register products described by Subsection (f)(2).

(h)

The rules adopted under this section may not require testing for alcohol content as part of the process for registering an alcoholic beverage with the commission.
Acts 1977, 65th Leg., p. 496, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 495, Sec. 4, eff. Aug. 31, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 20, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 614 (S.B. 858), Sec. 1, eff. June 16, 2015.
Acts 2017, 85th Leg., R.S., Ch. 847 (H.B. 2299), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 277(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 277(b), eff. September 1, 2021.
Source
Last accessed
Oct. 23, 2019