(a) Except as provided by §45.4(b) of this title, no wine 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 winery or a nonresident seller's permit issued by the commission.
(c) An applicant must submit an Application to Register a Wine 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) a legible copy of the COLA;
    (B) an actual label that is affixed to the wine 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 wine as shipped or sold, or a legible exact color copy of the label;
    (B) the TTB formulation, if required by the TTB; and
    (C) all information required to complete the application form.
(d) Wines with an alcohol content of at least 0.5% but less than 7% are ineligible for a COLA and must adhere to the labeling requirements contained in 21 C.F.R. Part 101; 27 C.F.R. Parts 16, 24, and 27; 21 U.S.C. §§341-350; 26 U.S.C. Ch. 51; and 27 U.S.C. §215.

Source Note: The provisions of this §45.50 adopted to be effective December 31, 2020, 45 TexReg 7425; amended to be effective September 1, 2021, 46 TexReg 5182