TITLE economic-regulation

Part III. Texas Alcoholic Beverage Commission

Chapter 45. Marketing Practices

Subchapter A. Standards of Identity for Distilled Spirits

16 TAC §45.4

The Alcoholic Beverage Commission proposes an amendment to §45.4 governing the permissible classifications of distilled spirits that may be sold in the state. The proposed amendment adds a classification of distilled spirits specialties.

Lou Bright, General Counsel, has determined that for the first five years the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing the rule. Mr. Bright has determined that the public will benefit from this rule in that a greater array of alcoholic beverage products will become available for affected members of the alcoholic beverage industry to sell and for consumers to buy. There is no anticipated impact on small businesses as a result of this rule.

Comments may be addressed to Lou Bright, General Counsel, Texas Alcoholic Beverage Commission, P. O. Box 13127, Austin, Texas 78711.

This amendment is proposed under Alcoholic Beverage Code, §5.31, which provides the Alcoholic Beverage Commission with the authority to prescribe and publish rules necessary to carry out the provisions of the Alcoholic Beverage Code.

Cross Reference: Alcoholic Beverage Code, §5.38, is affected by this amendment.

§45.4.The Standards of Identity.

Standards of identity for the several classes and types of distilled spirits set forth in this section shall be as follows.

(1)-(13)

(No change.)

(14)

Class 14 distilled spirits specialties. Distilled spirits specialities are products which are bottled at not less than 48 proof and are obtained by mixing or redistilling distilled spirits with or over fruits, flowers, plants, or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolation, or maceration of such materials, and/or containing sugar, dextrose, or levulose, or a combination thereof, in an amount less than 2-1/2% by weight of the finished product.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 29, 1999.

TRD-9903857

Doyne Bailey

Administrator

Texas Alcoholic Beverage Commission

Earliest possible date of adoption: August 15, 1999

For further information, please call: (512) 206-3204