Current through Register Vol. 18, September 20, 2024
(1) Each
product a brewer or beer importer desires to sell in the state of Montana must
be approved by the department and conform to the provisions of ARM
42.13.201.
(2) A brewer of malted beverages who has an
annual nationwide production of less than 10,000 barrels is exempt from the
requirements in (3).
(3) In order
to consider the product for approval, the department must receive copies of:
(a) the primary packaging unless a
traditional container is used. Traditional containers include aluminum cans,
glass bottles, kegs, and boxes that are typically associated with alcoholic
beverages. Any change to the primary packaging must be approved by the
department prior to entering the Montana market if a nontraditional container
is used; and
(b) the Certificate of
Label Approval for products that are regulated by the Alcohol and Tobacco Tax
and Trade Bureau (TTB). Any change to the label that requires approval from the
TTB must be approved by the department prior to the product entering the
Montana market; or
(c) the label
for products that are regulated by the U.S. Food and Drug Administration. Any
changes to the label must be approved by the department prior to entering the
Montana market.
(4) Beer
containing more than 8.75 percent but not more than 14 percent alcohol by
volume must:
(a) be approved by the
department prior to being sold or distributed within the state;
(b) be made by the alcoholic fermentation of
an infusion or decoction, or a combination of both, in potable brewing water,
of malted cereal grain, in which the sugars used for fermentation of the
alcoholic beverage are at least 75 percent derived from malted cereal grain
measured as a percentage of the total dry weight of the fermentable
ingredients; and
(c) note the
alcohol content by volume on the label.
(5) To obtain approval from the department
for all beer or formula changes that meet the criteria in (4), the following
documents are required:
(a) The brewer or
beer importer must file a form, supplied by the department, attesting that the
formula meets the requirements in (4).
(b) If the brewer or beer importer is
required by federal law or regulations to file its formula with TTB, the brewer
or beer importer is also required to send a copy of the formula filed with the
TTB to the department.
(c) At the
department's request and sole discretion, brewers or beer importers must file a
formula for verification of its compliance with Montana statutes.
(d) All formulas filed with the department
are protected by the privacy act and will not be released by the department
unless otherwise required by law or by court order.
(6) The department will process the request
and provide approval or denial in writing within 30 days of receipt of all
required information.
16-1-303, MCA; IMP,
16-1-102,
16-1-106,
16-1-302,
16-4-105,
MCA;
