(a) No malt beverage may be shipped into the state or sold within the state without a Certificate of Registration issued by the commission.
(b) An applicant for a Certificate under this section must hold a brewer's license, nonresident brewer's license, or brewpub license issued by the commission.
(c) A nonresident brewer's agent may file an application for a Certificate of Registration on behalf of a holder of a nonresident brewer's license.
(d) An applicant must submit an Application to Register a Malt Beverage on the form prescribed by the commission along with the application fee to the commission. The application must contain the following:
  (1) If the product is eligible for a COLA:
    (A) legible copy of the COLA;
    (B) an actual label that is affixed to the malt beverage as shipped or sold, or a legible exact color copy of a label; and
    (C) all information required to complete the application form.
  (2) If the product is not eligible for a COLA:
    (A) an actual label that is affixed to the malt beverage as shipped or sold, or a legible exact color copy of the label;
    (B) TTB formulation; and
    (C) all information required to complete the application form.
(e) Labels for beverages that meet the definition of malt beverage but are ineligible for a COLA must also comply with 21 C.F.R. Part 101; 27 C.F.R. Parts 16 and 25; 21 U.S.C. §§341-350; 26 U.S.C. Ch. 51; and 27 U.S.C. §215.

Source Note: The provisions of this §45.40 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182