(a) For products registered with the commission using a federal COLA, any change to the label or product that requires issuance of a new COLA requires reapplication for product registration with the commission.
(b) For products registered with the commission that are not eligible for a federal COLA, any change to the label or product requires reapplication for product registration with the commission, except for the following permissible label revisions:
  (1) Deleting any non-mandatory label information, including text, illustrations, graphics, and ingredients;
  (2) Repositioning any label information, including text, illustrations, and graphics;
  (3) Changing the color of the background or text, the shape, or the proportionate size of labels;
  (4) Changing the type size or font or make appropriate changes to the spelling (including punctuation marks and abbreviations) of words;
  (5) Changing the type of container or net contents statement;
  (6) Adding, deleting, or changing optional information referencing awards, medals or a rating or recognition provided by an organization as long as the rating or recognition reflects simply the opinion of the organization and does not make a specific substantive claim about the product or its competitors;
  (7) Adding, deleting, or changing holiday or seasonal-themed graphics, artwork, or salutations;
  (8) Adding, deleting, or changing promotional sponsorship-themed graphics, logos, artwork, dates, event locations or other sponsorship-related information; and
  (9) Adding, deleting or changing references to a year or date.
(c) Not later than September 1, 2023, producers of products required to obtain a first federal COLA pursuant to Alcoholic Beverage Code §101.67(a) must reapply for commission registration of any such product that will be shipped or imported into the state, manufactured and offered for sale, or distributed or sold on or after Sept. 1, 2023, unless granted an exception under subsection (d) of this section.
(d) The executive director may issue a temporary Certificate of Registration containing an expiration date at the request of a producer demonstrating that the producer requires additional time beyond September 1, 2023 to use up products bearing labels approved by the commission and printed before December 31, 2020.

Source Note: The provisions of this §45.11 adopted to be effective December 31, 2020, 45 TexReg 7245