(a) In addition to the provisions of §45.5 of this title, the commission may deny registration for a malt beverage for the following reasons:
  (1) the label filed with the application by a brewer's or nonresident brewer's licensee:
    (A) indicates by any statement, design, device, or representation that the malt beverage is brewed or bottled for any retailer permittee or licensee or any private club registration permittee;
    (B) includes the name, tradename, or trademark of any retailer permittee or licensee or any private club registration permittee; or
    (C) fails to include the alcohol content by volume as required by subsection (c) of this section.
  (2) the brand of malt beverages by a brewer's or nonresident brewer's licensee is exclusive to the holder of a license or permit authorizing the retail sale or service of malt beverages, or exclusive to retail licensees or permittees under common ownership, control, or management, to the exclusion of other retail licensees or permittees; or
  (3) with the exception of the brewpub licensee's name, tradename or trademark, the label filed by a brewpub licensee:
    (A) indicates by any statement, design, device, or representation that the malt beverage is brewed or bottled for any retailer permittee or licensee or for any private club registration permittee (other than the brewpub licensee label applicant itself, an entity under common ownership with it, or an entity with the same name or tradename as it); or
    (B) includes the name, tradename, or trademark of any retailer permittee or licensee or of any private club registration permittee (other than the brewpub licensee label applicant itself, an entity under common ownership with it, or an entity with the same name or tradename as it).
(b) Nothing in this subchapter or in Alcoholic Beverage Code Chapter 74 authorizes a brewpub licensee to engage in contract brewing or alternating brewery proprietorship arrangements, and its facilities may not be used to provide such arrangements or engage in such activities, which are authorized only for holders of licenses under Alcoholic Beverage Code Chapters 62 or 63.
(c) All labels subject to this section must include alcohol content by volume according to the following schedule:
  (1) For all new product registrations after September 1, 2021, labels must include the product's alcohol content by volume.
  (2) Except as provided in paragraph (3) of this subsection, products registered with the commission prior to September 1, 2021, must include alcohol content by volume on products shipped or imported into the state, manufactured and offered for sale, or distributed or sold on or after September 1, 2023.
  (3) Notwithstanding paragraph (2) of this subsection, if prior to September 1, 2023, a manufacturer subject to this rule makes a change to a label or product requiring issuance of a new COLA, the manufacturer shall also revise the product's label to include its alcohol content by volume as part of the application for a new COLA.

Source Note: The provisions of this §45.41 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182