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Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS

Acts 1977, 65th Leg., p. 493, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 61, eff. Sept. 1, 1993. (4097)

Sec. 101.42. RETURNABLE CONTAINER: ACCEPTANCE BY ANOTHER MANUFACTURER. (4098)(Text)

No manufacturer of beer may purchase, accept as a return, or use a barrel, half-barrel, keg, case, or bottle permanently branded or imprinted with the name of another manufacturer. (4099)

Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4100)

Sec. 101.43. MISBRANDING OF BREWERY PRODUCT. (4101)(Text)

(a) No manufacturer or distributor, directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may sell or otherwise introduce into commerce a brewery product that is misbranded. (4102)

(b) A product is misbranded if: (4103)

(1) it is misbranded within the meaning of the federal Food and Drug Act; (4104)

(2) the container is so made or filled as to mislead the purchaser, or if its contents fall below the recognized standards of fill; (4105)

(3) it misrepresents the standard of quality of products in the branded container; or (4106)

(4) it is so labeled as to purport to be a product different from that in the container. (4107)

Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4108)

Sec. 101.45. CONTAINERS OF WINE: MAXIMUM CAPACITY. (4109)(Text)

A person may not sell wine to a retail dealer in a container with a capacity greater than 15.5 gallons. (4110)

Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4111)

Amended by: (4112)

Acts 2011, 82nd Leg., R.S., Ch. 5 (S.B. 351), Sec. 1, eff. April 21, 2011. (4113)

Acts 2015, 84th Leg., R.S., Ch. 168 (H.B. 2022), Sec. 1, eff. May 28, 2015. (4114)

Sec. 101.46. CONTAINERS OF LIQUOR: MINIMUM CAPACITIES. (4115)(Text)

(a) Except as provided by Subsections (b), (c), and (d), no person may import, sell, or possess with intent to sell any liquor in a container with a capacity of less than 20 milliliters. A container of liquor offered for sale that has a capacity of less than six fluid ounces must substantially conform to the labeling requirements of the Bureau of Alcohol, Tobacco, and Firearms for larger containers in which liquor is sold. Holders of distiller's or rectifier's permits wishing to sell liquor bottled in containers of less than six fluid ounces to wholesalers must sell such containers of liquor to wholesalers in units of unbroken, sealed cases. Wholesalers shall sell liquor bottled in containers of less than six fluid ounces to package stores in units of unbroken, sealed cases. (4116)

(b) Subsection (a) of this section does not apply to permittees or licensees while engaged in supplying airline beverage, mixed beverage, or passenger bus beverage permittees, nor to the possession or sale of liquor by an airline beverage, mixed beverage, or passenger bus beverage permittee, but none of the permittees or licensees covered by this subsection may possess liquor in a container with a capacity of less than one fluid ounce. (4117)

(c) Subsection (a) of this section does not apply to liquor imported under Section 107.07 of this code. (4118)

(d) Spirit coolers, as described by the definition of "distilled spirits" in Section 1.04 of this code, may be sold in containers with a capacity of less than 355 milliliters as well as in containers with any other capacity authorized by this code for distilled spirits. (4119)

Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1146, ch. 552, Sec. 1, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 934, Sec. 62, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 269, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1095, Sec. 1, eff. Sept. 1, 2003. (4120)

Amended by: (4121)

Acts 2015, 84th Leg., R.S., Ch. 1017 (H.B. 1039), Sec. 1, eff. June 19, 2015. (4122)

Acts 2017, 85th Leg., R.S., Ch. 283 (H.B. 3101), Sec. 3, eff. May 29, 2017. (4123)

Sec. 101.47. CARRIER MAY TRANSPORT LIQUOR IN SMALL CONTAINERS. (4124)(Text)

The commission may authorize a common carrier of persons engaged in interstate commerce to transport liquor in containers of less than 20 milliliters if the liquor is not for sale, use, or consumption in the state. (4125)

Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1969, ch. 777, Sec. 10, eff. Aug. 27, 1979; Acts 2003, 78th Leg., ch. 1095, Sec. 2, eff. Sept. 1, 2003. (4126)

Sec. 101.48. COMMISSION'S REGULATORY AUTHORITY. (4127)(Text)

Sections 5.39 and 5.40 of this code relate to the commission's authority to regulate liquor containers and beer container deposits. (4128)

Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4129)

SUBCHAPTER D. MISCELLANEOUS OFFENSES (4130)(Text)
Sec. 101.61. VIOLATION OF CODE OR RULE. (4131)(Text)

A person who fails or refuses to comply with a requirement of this code or a valid rule of the commission violates this code. (4132)

Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4133)

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