Utah Code § 32B-1-601 Title.
32B-1-601. Title.
This part is known as the "Malted Beverage Act."
Enacted by Chapter 276, 2010 General Session
Malted Beverage Act
Utah Code tit. 32B, ch. 32B-1, pt. 32B-1-P6
in effectUtah Code § 32B-1-602 Definitions.
32B-1-602. Definitions.
As used in this part:
(1) "Malted beverage" means:
(a) beer;
(b) a flavored malt beverage; and
(c) heavy beer.
(2) "Packaging" means the outer packaging that is visible to a consumer such as a carton, case, or other wrapper of a container.
Amended by Chapter 307, 2011 General Session
Amended by Chapter 334, 2011 General Session
Utah Code § 32B-1-603 Power of the commission and department to classify flavored malt beverages.
32B-1-603. Power of the commission and department to classify flavored malt beverages.
(1) The commission and department shall regulate a flavored malt beverage as liquor.
(2)
(a) The department shall make available to the public on the Internet a list of the flavored malt beverages authorized to be sold in this state as liquor.
(b) The list described in Subsection (2)(a) shall be updated at least quarterly.
(3)
(a) A manufacturer shall file, under penalty of perjury, a report with the department listing each flavored malt beverage manufactured by the manufacturer that the manufacturer wants to distribute in this state subject to the manufacturer holding:
(i) a brewery manufacturing license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License; or
(ii) a certificate of approval.
(b) A manufacturer may not distribute or sell in this state a flavored malt beverage if the manufacturer does not list the flavored malt beverage in a filing with the department in accordance with this Subsection (3) before distributing or selling the flavored malt beverage.
(4) The department may require a manufacturer of a flavored malt beverage to provide the department with a copy of the following filed with the federal Alcohol and Tobacco Tax and Trade Bureau, pursuant to 27 C.F.R. Sec. 25.55:
(a) a statement of process; or
(b) a formula.
(5)
(a) A manufacturer of an alcoholic product that the department is classifying or proposes to classify as a flavored malt beverage may submit evidence to the department that the manufacturer's alcoholic product should not be treated as a flavored malt beverage under this section because the alcoholic product is beer or heavy beer.
(b) The department shall review the evidence submitted by the manufacturer under this Subsection (5).
(c) The department shall make available to the public on the Internet a list of the alcoholic products authorized under this Subsection (5) to be sold as beer in this state.
(d) A decision of the department under this Subsection (5) may be appealed to the commission.
Amended by Chapter 371, 2023 General Session
Utah Code § 32B-1-603.5 Requirements for beer flavorings -- Procedure for approval -- Department review.
32B-1-603.5. Requirements for beer flavorings -- Procedure for approval -- Department review.
(1) A manufacturer of a beer that contains a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent as described in Subsection 32B-1-102(12)(b)(iii) may not sell or distribute the beer in the state unless the manufacturer obtains:
(a) the department's approval to sell or distribute the beer under this section; and
(b) the department's approval of the label and packaging of the beer under Sections 32B-1-604 through 32B-1-606.
(2)
(a) To obtain approval to sell or distribute a beer that contains a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent as described in Subsection 32B-1-102(12)(b)(iii), the manufacturer of the beer shall submit an application to the department for approval.
(b) The application shall require:
(i) a copy of:
(A) the statement of process and formula filed with the federal Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 for the beer; and
(B) the formula approval from the federal Alcohol and Tobacco Tax and Trade Bureau for the beer;
(ii) a complete list of each propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent in the beer;
(iii) a description of the total amount of alcohol each propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent contributes to the beer; and
(iv) other information required by the department to determine whether the beer complies with Subsection 32B-1-102(12)(b)(iii).
(3) The department may:
(a) assess a fee established under Section 63J-1-504 for reviewing an application for approval under this section; and
(b) approve a manufacturer's application to sell or distribute a beer that contains a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent after determining that the beer complies with Subsection 32B-1-102(12)(b)(iii).
(4) If a manufacturer of a beer revises the formula for the beer that the department approved for sale or distribution, the manufacturer shall obtain the department's approval for the revised formula before selling or distributing the beer.
(5)
(a) The department may revoke a previous approval under this section upon determining that the beer is not in compliance with this title or the rules of the commission.
(b) The department shall notify the manufacturer that applied for an approval under this section at least 30 business days before the day on which the approval is revoked.
(c) Within 20 business days after the day on which a manufacturer receives the notice under Subsection (5)(b), the manufacturer may present a written argument or evidence to the department regarding why the revocation should not occur.
(6)
(a) A manufacturer that applies for approval under this section may appeal a denial or revocation of the approval to the commission.
(b) During the period in which a manufacturer appeals a denial or revocation to the commission under Subsection (6)(a), the denial or revocation remains in force.
Amended by Chapter 162, 2025 General Session
Utah Code § 32B-1-604 Requirements for labeling and packaging -- Authority of the commission and department.
32B-1-604. Requirements for labeling and packaging -- Authority of the commission and department.
(1) A manufacturer may not distribute or sell a malted beverage:
(a) unless the label and packaging of the malted beverage:
(i) complies with the federal label requirements of 27 C.F.R. Parts 7, 13, and 16; and
(ii) clearly gives notice to the public that the malted beverage is an alcoholic product; and
(b) until the day on which the department in accordance with this title and rules of the commission approves the label and packaging of the malted beverage.
(2) The department shall review the label and packaging of a malted beverage to ensure that the label and packaging meet the requirements of Subsection (1)(a).
(3) Except as otherwise required under Section 32B-1-606, a manufacturer may comply with the requirement of Subsection (1)(a)(ii) by including on a label and packaging for a malted beverage any of the following terms in obvious and clearly visible contrast to the background of the text:
(a) beer;
(b) ale;
(c) porter;
(d) stout;
(e) lager;
(f) lager beer;
(g) hard seltzer;
(h) spiked seltzer; or
(i) another class or type designation commonly applied to a malted beverage that conveys by a recognized term that the product contains alcohol.
Amended by Chapter 447, 2022 General Session
Utah Code § 32B-1-605 General procedure for approval.
32B-1-605. General procedure for approval.
(1) To obtain approval of the label and packaging of a malted beverage, the manufacturer of the malted beverage shall submit an application to the department for approval.
(2) The application described in Subsection (1) shall be on a form approved by the department and include the following for each brand and label for which the manufacturer seeks approval:
(a)
(i) a copy of a federal certificate of label approval from the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau; or
(ii) if the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau does not require label approval, a copy of formula approval from the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau;
(b) a complete set of original labels for each size of container of the malted beverage;
(c) a description of the size of the container on which a label will be placed;
(d) a description of each type of container of the malted beverage; and
(e) a description of any packaging for the malted beverage.
(3) The department may assess a reasonable fee for reviewing a label and packaging for approval.
(4)
(a) The department shall notify a manufacturer within 30 days after the day on which the manufacturer submits a complete application whether the label and packaging is approved or denied.
(b) If the department determines that an unusual circumstance requires additional time, the department may extend the time period described in Subsection (4)(a).
(5) A manufacturer shall obtain the approval of the department of a revision of a previously approved label and packaging before a malted beverage using the revised label and packaging may be distributed or sold in this state.
(6)
(a) The department may revoke a label and packaging previously approved upon a finding that the label and packaging is not in compliance with this title or rules of the commission.
(b) The department shall notify the manufacturer who applied for an approved label and packaging at least 30 business days before the day on which the label and packaging approval is considered revoked.
(c) Within 20 business days after the day on which a manufacturer receives the notice under Subsection (6)(b), the manufacturer may present written argument or evidence to the department on why the revocation should not occur.
(7)
(a) A manufacturer that applies for approval of a label and packaging may appeal a denial or revocation of a label and packaging approval to the commission.
(b) During the period in which a manufacturer appeals a denial or revocation of a label and packaging approval to the commission, as permitted under Subsection (7)(a), the denial or revocation shall remain in force.
Amended by Chapter 447, 2022 General Session
Utah Code § 32B-1-606 Special procedure for approval of labeling and packaging for certain malted beverages.
32B-1-606. Special procedure for approval of labeling and packaging for certain malted beverages.
(1) A manufacturer of a malted beverage may not distribute or sell the malted beverage in the state until the day on which the manufacturer receives approval of the labeling and packaging of the malted beverage from the department in accordance with:
(a) Sections 32B-1-604 and 32B-1-605; and
(b) this section, if the malted beverage is labeled or packaged in a manner that is:
(i) similar to a label or packaging used for a nonalcoholic beverage; or
(ii) likely to confuse or mislead a patron to believe the malted beverage is a nonalcoholic beverage.
(2) The department may not approve the labeling and packaging of a malted beverage described in Subsection (1) unless, in addition to the requirements of Section 32B-1-604, the labeling and packaging complies with the following:
(a) the front of the label on the malted beverage bears a prominently displayed label or a firmly affixed sticker that provides the following information in a font that measures at least three millimeters high and is in obvious and clearly visible contrast to the background of the text:
(i) the statement:
(A) "alcoholic beverage"; or
(B) "contains alcohol"; and
(ii) the alcohol content of the malted beverage, if the alcohol content is not otherwise provided:
(A) in a serving facts statement on the container; and
(B) in a format allowed by the Federal Alcohol and Tobacco Tax Trade Bureau;
(b) the packaging of the malted beverage prominently includes, either imprinted on the packaging or imprinted on a sticker firmly affixed to the packaging in a font that measures at least three millimeters high and is in obvious and clearly visible contrast to the background of the text, the statement:
(i) "alcoholic beverage"; or
(ii) "contains alcohol";
(c) a statement required under Subsection (2)(a) or (b) appears in a format required under rule made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(d) a statement of alcohol content required under Subsection (2)(a)(ii):
(i) states the alcohol content as a percentage of alcohol by volume or by weight; and
(ii) is in a format required under rule made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) The department:
(a) may reject a label or packaging for a malted beverage that appears designed to obscure the information required under Subsection (2); and
(b) shall reject a label or packaging for a malted beverage to be sold by an off-premise beer retailer if the label or packaging for the malted beverage complies with Subsection (2) but remains so similar to a label or packaging used on a well-known or widely available nonalcoholic beverage that the label or packaging for the malted beverage is likely to confuse or mislead a patron to believe the malted beverage is a nonalcoholic beverage.
(4) To determine whether a malted beverage is described in Subsection (1) and subject to this section, the department may consider in addition to other factors one or more of the following factors:
(a) whether the coloring, carbonation, and packaging of the malted beverage:
(i) is similar to those of a nonalcoholic beverage or product; or
(ii) can be confused with a nonalcoholic beverage;
(b) whether the malted beverage possesses a character and flavor distinctive from a traditional malted beverage;
(c) whether the malted beverage:
(i) is prepackaged;
(ii) contains high levels of caffeine and other additives; and
(iii) is marketed as a beverage that is specifically designed to provide energy;
(d) whether the malted beverage contains added sweetener or sugar substitutes; or
(e) whether the malted beverage contains an added fruit flavor or other flavor that masks the taste of a traditional malted beverage.
Amended by Chapter 371, 2023 General Session
Utah Code § 32B-1-607 Rulemaking authority.
32B-1-607. Rulemaking authority.
(1) The commission may adopt rules necessary to implement this part.
(2) Notwithstanding Subsections 32B-1-102(13) and (52), in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules that allow for a tolerance in the alcohol content of beer or heavy beer as follows:
(a) up to 0.18% above or below when measured by volume; or
(b) up to 0.15% above or below when measured by weight.
Amended by Chapter 162, 2025 General Session
Utah Code § 32B-1-608 Disciplinary proceeding for violation.
32B-1-608. Disciplinary proceeding for violation.
A person who violates this part:
(1) is subject to a disciplinary proceeding under Chapter 3, Disciplinary Actions and Enforcement Act; and
(2) may be subject to penalties under Chapter 4, Criminal Offenses and Procedure Act.
Amended by Chapter 371, 2023 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title32B/Chapter1/32B-1-P6.html?v=C32B-1-P6_1800010118000101Fetched: 10/26/2026