Industry Circular

Number: 61-13

Date: April 21, 1961

Office of the Commissioner of Internal Revenue

Alcohol and Tobacco Tax Division

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LABELING OF MALT BEVERAGES FOR SALE IN UTAH

Brewers, and others concerned:

Purpose. The purpose of this circular is to inform brewers that the State of Utah has made changes in its labeling laws which will affect certificates of label approval issued under the Federal Alcohol Administration Act.

Background. Although the State of Utah had previously adopted the Federal malt beverage labeling regulations, it has required all malt bever- ages to be labeled to reveal whether they contain more or less, as the case may be, than 3.2% of alcohol by weight. Utah law, has now been amended to eliminate this requirement. Consequently, malt beverages shipped into Utah after the effective date of this change will no longer be required by Utah to bear statements of alcoholic content. The effective date of this change is sixty days after adjournment of the current session of the Utah Legislature.

27 U.S.C. 205(e), as implemented by regulations in 27 CFR 7.26, pro- vides that the alcoholic content of malt beverages shall not be stated on labels unless required by state law. Since the alcoholic content statement will no longer be required by the State of Utah after the effective date of the change in state law, labels for malt beverages bearing statements of alcoholic content will be prohibited by Federal law on containers shipped into Utah.

Some brewers have inventories of labels (bearing alcoholic content statements no longer required by Utah) in quantities that cannot be exhausted before the effective date; and requests have been made by brewers for authori- zation to continue using these labels for a reasonable time after the effective date.

Conclusion. Under these circumstances, and in order to permit an orderly transition to new labels, present stocks of labels for malt beverages bearing alcoholic content statements in the manner previously required under Utah law (covered by previously issued Certificates of Label Approval) may be used in Utah for a period of six months following the effective date of the change in law in Utah.

Inquiries. Correspondence in regard to this industry circular should refer to its number and be addressed to the Director, Alcohol and Tobacco Tax (0:AT:B), Washington 25, D. C.

Dwight E. Avis

Director, Alcohol and Tobacco Tax Division