32A-1-805 (Repealed 07/01/11) - General procedure for approval.
32A-1-805 (Repealed 07/01/11). General procedure for approval.
(1) To obtain approval of the label and packaging of a malted beverage, the manufacturerof 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 thedepartment and include the following:
(a) a copy of a federal certificate of label approval from the Department of Treasury, Taxand Trade Bureau, for each brand and label for which the manufacturer is seeking approval;
(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 forapproval.
(4) (a) The department shall notify a manufacturer within 30 days after the day on whichthe manufacturer submits an 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 apreviously approved label and packaging before a malted beverage using the revised label andpackaging may be distributed or sold in this state.
(6) (a) The department may revoke a label and packaging previously approved upon afinding that the label and packaging is not in compliance with this title or rules of thecommission.
(b) The department shall notify the person that applies for the approval of a label andpackaging at least five business days before the day on which a label and packaging approval isconsidered revoked.
(c) After receiving notice under Subsection (6)(b), a manufacturer may present writtenargument or evidence to the department on why the revocation should not occur.
(7) A manufacturer that applies for approval of a label and packaging may appeal adenial or revocation of a label and packaging approval to the commission.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 391, 2008 General Session