TITLE 16. ECONOMIC REGULATION

PART 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION

CHAPTER 45. MARKETING PRACTICES

SUBCHAPTER C. STANDARDS OF IDENTITY FOR MALT BEVERAGES

16 TAC §45.75

The Texas Alcoholic Beverage Commission adopts an amendment to §45.75, relating to Mandatory Label Information for Malt Beverages, without changes to the proposed text as published in the June 9, 2017 issue of the Texas Register (42 TexReg 2990).

Section 45.75 prescribes the information that must be on a label of beer, ale or malt liquor. The section references other rules of the commission that contain further details about each of the required pieces of information.

The amendment to §45.75(1)(B) simply corrects the reference to the title of §45.77, which should read Class and Type instead of Class and Types.

The commission reviewed the section pursuant to Government Code §2001.039 and determined that the need for the rule continues to exist but that this change to the prior version of the rule is appropriate.

No comments were received.

The amendment is adopted pursuant to Alcoholic Beverage Code §5.31, which grants authority to prescribe rules necessary to carry out the provisions of the Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 25, 2017.

TRD-201702783

Martin Wilson

Assistant General Counsel

Texas Alcoholic Beverage Commission

Effective date: August 14, 2017

Proposal publication date: June 9, 2017

For further information, please call: (512) 206-3489


16 TAC §45.76

The Texas Alcoholic Beverage Commission adopts amendments to §45.76, relating to Brand Names, without changes to the proposed text as published in the June 9, 2017 issue of the Texas Register (42 TexReg 2991).

Section 45.76 addresses the use of brand names on labels of beer, ale and malt liquor.

Subsection (a) requires that a brand name appear on the label. Subsection (b) addresses the use of brand names with geographical significance. If the use of a geographical name or adjective, whether alone or in conjunction with any statement, design or device on the label, creates the impression that the product is produced in a place other than where it is actually produced, the agency may require additional information on the label to correct the misleading impression.

The amendments update the reference to the word "administrator" in the rule. Alcoholic Beverage Code §5.11(b) provides that the administrator is also known as the executive director. In conducting its review of rules under Government Code §2001.039, the commission as a matter of style is changing references to the "administrator" to refer instead to the "executive director". The amendments, also as a matter of style in the rule review process, change a term to render the wording of the rule gender neutral.

The commission reviewed the section pursuant to Government Code §2001.039 and determined that the need for the rule continues to exist but that these changes to the prior version of the rule are appropriate.

No comments were received.

The amendments are adopted pursuant to Alcoholic Beverage Code §5.31, which grants authority to prescribe rules necessary to carry out the provisions of the Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 25, 2017.

TRD-201702782

Martin Wilson

Assistant General Counsel

Texas Alcoholic Beverage Commission

Effective date: August 14, 2017

Proposal publication date: June 9, 2017

For further information, please call: (512) 206-3489