TITLE 16. ECONOMIC REGULATION

PART 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION

CHAPTER 45. MARKETING PRACTICES

SUBCHAPTER C. STANDARDS OF IDENTITY FOR MALT BEVERAGES

16 TAC §45.85

The Texas Alcoholic Beverage Commission proposes amendments to §45.85, relating to Approval of Labels, without changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9401).

Section 45.85 addresses applications for approval of malt beverage labels.

Subsection (b) is amended to include holders of brewpub licenses among those permit and license holders who can apply for approval of malt beverage labels.

Former subsection (e), which established a $25 application fee for each size requested on the application, is deleted and subsection (c) is amended to incorporate those provisions relating to the application fee.

Subsection (d) is amended to specify that a sample of the beverage or a product analysis conducted by an independent laboratory must be submitted with an application for a label revision if the analysis on file with the commission is older than five years.

New subsection (e) is added to address permissible label revisions. Creation of this new category of label approval applications will permit the agency to implement new internal procedures for these types of revisions. By removing them from the queue of general label approval applications, they may subject to faster review. In turn, this should allow the reduced queue of general label approval applications to also be processed more quickly.

Paragraphs (1) - (9) of new subsection (e) describe the types of label approvals that are classified as permissible. By indicating on the application form that the application is for a one of these types of permissible revisions (or by using a separate application form), the application will be identified as eligible for the expedited review process.

Subsection (f) is amended to state additional statutory references.

The commission reviewed the section pursuant to Government Code §2001.039 and has determined that the need for a rule addressing malt beverage label approval continues to exist but that these changes to the prior 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 January 25, 2017.

TRD-201700376

Martin Wilson

Assistant General Counsel

Texas Alcoholic Beverage Commission

Effective date: February 14, 2017

Proposal publication date: December 2, 2016

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