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 proposes an amendment to §45.75, relating to Mandatory Label Information for Malt Beverages.

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 proposed amendment simply corrects the reference to the title of §45.77, which should read Class and Type instead of Class and Types.

The commission has reviewed the section pursuant to Government Code §2001.039 and has determined that the need for the rule continues to exist but that the proposed change to the current rule is appropriate.

Martin Wilson, Assistant General Counsel, has determined that for each year of the first five years that the proposed amendment will be in effect, there will be no fiscal impact on local government attributable to the amendment. There should be no fiscal impact on state government.

The proposed amendment will have no fiscal or regulatory impact on micro-businesses and small businesses or persons regulated by the commission. There is no anticipated negative impact on local employment.

Mr. Wilson has determined that for each year of the first five years that the proposed amendment will be in effect, the public will benefit because the rule will contain an accurate reference to another of the commission's rules.

Comments on the proposed amendment may be submitted in writing to Martin Wilson, Assistant General Counsel, Texas Alcoholic Beverage Commission, at P.O. Box 13127, Austin, Texas 78711-3127, or by facsimile transmission to (512) 206-3280, or by email to rules@tabc.texas.gov. Comments will be accepted for 30 days following publication in the Texas Register.

The staff of the commission will hold a public hearing to receive oral comments on the proposed amendment on Friday, June 16, 2017, at 1:30 p.m. in the commission meeting room on the first floor of the commission's headquarters, which is located at 5806 Mesa Drive in Austin, Texas.

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

The proposed amendment affects Alcoholic Beverage Code §5.31, and Government Code §2001.039.

§45.75.Mandatory Label Information for Malt Beverages.

There shall be stated the following:

(1) on the brand label:

(A) brand name, in accordance with §45.76 of this title (relating to Brand Names);

(B) class in accordance with §45.77 of this title (relating to Class and Type [Types]);

(C) name and address (except when branded or burned in the container) in accordance with §45.78 of this title (relating to Name and Address).

(D) net contents (except when branded or burned in the container) in accordance with §45.80 of this title (relating to Net Contents);

(2) on the brand label or on a separate label (back or front):

(A) in the case of imported malt beverages, name and address of importer, in accordance with §45.78 of this title (relating to Name and Address);

(B) in the case of malt beverages bottled for a licensee or permittee, the name and address of the bottler in accordance with §45.78 of this title (relating to Name and Address).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2017.

TRD-201702087

Martin Wilson

Assistant General Counsel

Texas Alcoholic Beverage Commission

Earliest possible date of adoption: July 9, 2017

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


16 TAC §45.76

The Texas Alcoholic Beverage Commission proposes amendments to §45.76, relating to Brand Names.

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 administrator may require additional information on the label to correct the misleading impression.

The proposed 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 proposed 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 has reviewed the section pursuant to Government Code §2001.039 and has determined that the need for the rule continues to exist but that the proposed changes to the current rule are appropriate.

Martin Wilson, Assistant General Counsel, has determined that for each year of the first five years that the proposed amendments will be in effect, there will be no fiscal impact on local government attributable to the amendments. There should be no fiscal impact on state government.

The proposed amendments will have no fiscal or regulatory impact on micro-businesses and small businesses or persons regulated by the commission. There is no anticipated negative impact on local employment.

Mr. Wilson has determined that for each year of the first five years that the proposed amendments will be in effect, the public will benefit because the rule will use terminology that is consistent with other rules of the commission.

Comments on the proposed amendments may be submitted in writing to Martin Wilson, Assistant General Counsel, Texas Alcoholic Beverage Commission, at P.O. Box 13127, Austin, Texas 78711-3127, or by facsimile transmission to (512) 206-3280, or by email to rules@tabc.texas.gov. Comments will be accepted for 30 days following publication in the Texas Register.

The staff of the commission will hold a public hearing to receive oral comments on the proposed amendments on Friday, June 16, 2017, at 1:30 p.m. in the commission meeting room on the first floor of the commission's headquarters, which is located at 5806 Mesa Drive in Austin, Texas.

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

The proposed amendments affect Alcoholic Beverage Code §5.31, and Government Code §2001.039.

§45.76.Brand Names.

(a) General. Malt beverages shall bear a brand name, except that if not sold under a brand name, then the name of the person required to appear on the brand label shall be deemed a brand name for the purpose of this subchapter.

(b) Brand names of geographical significance. Where a geographical name or adjective is used as the brand name, or a part of the brand name, and the executive director [administrator ] finds that the use of such a geographical name or adjective, or any statement, design or device appearing upon the label in conjunction therewith, tends to create the impression that the product was produced in a place or region other than that of actual production, the executive director [administrator] may require the word "brand" to be stated in direct conjunction with such geographical name or adjective, in lettering at least one-half the size of the lettering in which such name or adjective appears on the label. If the executive director [administrator] finds that the addition of the word "brand" does not remove the misleading impressions conveyed by the use of such geographical name or adjective, the agency [he] may require, in addition to the word "brand," other appropriate language which will disclose the true place of production.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2017.

TRD-201702088

Martin Wilson

Assistant General Counsel

Texas Alcoholic Beverage Commission

Earliest possible date of adoption: July 9, 2017

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