32A-1-809 (Repealed 07/01/11) - Transition protections.
32A-1-809 (Repealed 07/01/11). Transition protections.
(1) Except as provided in Subsection (3), a manufacturer of a flavored malt beveragemay not be held liable under this title for distributing or selling a flavored malt beverage as a beerif:
(a) the flavored malt beverage is distributed or sold on or before September 30, 2008;and
(b) the manufacturer when distributing or selling the flavored malt beverage complieswith the requirements of this title for distributing or selling a beer including holding:
(i) a brewery license under Chapter 8, Part 4, Brewery Licenses; or
(ii) a certificate of approval issued by the department under Subsection 32A-8-101(4).
(2) Except as provided in Subsection (3), a licensee or permittee may not be held liablefor the sale, offering, or furnishing of a flavored malt beverage as a beer if:
(a) the flavored malt beverage is sold, offered, or furnished on or before September 30,2008; and
(b) the licensee or permittee when selling, offering, or furnishing the flavored maltbeverage complies with the requirements of this title for selling, offering, or furnishing a beerunder the license or permit held by the licensee or permittee.
(3) This section does not apply to liability under Chapter 14a, Alcoholic BeverageLiability.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 391, 2008 General Session