Texas Alcoholic Beverage Code

§ 104.05 — SALE IN ORIGINAL PACKAGING

AL § 104.05Title 4. REGULATORY AND PENAL PROVISIONS · Ch. 104. REGULATION OF RETAILERS

Statute text

(a)This section applies to a permittee or licensee who is authorized to sell malt beverages to an ultimate consumer for consumption off the permitted or licensed premises.

(b)The holder of a permit or license described in Subsection (a) may resell malt beverages only in the packaging in which the holder received the malt beverages or may resell the contents of the packages as individual containers.

(c)Except for purposes of resale as individual containers, a licensee or permittee may not:

(1)mutilate, tear apart, or cut apart original packaging in which malt beverages were received; or

(2)repackage malt beverages in a manner misleading to the consumer or that results in required labeling being omitted or obscured.

(d)Nothing in this code prevents a retailer from making a claim for the replacement of alcoholic beverages delivered to the retailer by a wholesaler or distributor in a damaged condition. A wholesaler or distributor may not give a refund for or replace alcoholic beverages that were damaged while in the possession of the retailer.

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 417 (S.B. 1215), Sec. 1, eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 323, eff. September 1, 2021.