Texas Alcoholic Beverage Code
§ 101.67 — PRIOR APPROVAL OF MALT BEVERAGES
AL § 101.67Title 4. REGULATORY AND PENAL PROVISIONS · Ch. 101. GENERAL CRIMINAL PROVISIONS · Art. D. MISCELLANEOUS OFFENSES
Statute text
View on source(a)Before an authorized licensee 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 malt beverages, the licensee must register the malt beverages with the commission. The registration application must include a certificate of label approval issued by the United States Alcohol and Tobacco Tax and Trade Bureau for the product.
(b)Only a brewer's or nonresident brewer's licensee, or a brewpub licensee may apply to register malt beverages with the commission.
(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:
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Legislative history
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.