- (a) The contents of all labels affixed to containers of controlled beverages and the size and combination of such containers shall be approved by the Director of the Alcoholic Beverage Control Division.
- (b) In no event shall any label or design be approved by the director which contains any statement, design, device, or representation which is obscene or indecent.
- (c) Any product that does not meet the criteria for Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval (COLA) or Certification of Exemption, such as IRC beers or ciders under seven percent (7%) ABV, shall submit the following: proposed label or labels, lab certificate of analysis, and a certification that the product does not qualify for Alcohol and Tobacco Tax and Trade Bureau COLA or Certificate of Exemption.
- (d) Any Primary American Source (PAS) submitting a brand registration to the Alcoholic Beverage Control Division for distribution of a product shall, in addition to all other requirements, submit to the division a copy of the Alcohol and Tobacco Tax and Trade Bureau COLA or a Certificate of Exemption from label approval.
- (e) Any PAS that wishes to register a product for sale where the PAS has obtained a Certificate of Exemption from the Alcohol and Tobacco Tax and Trade Bureau and any PAS that cannot be issued a COLA or Certificate of Exemption by the Alcohol and Tobacco Tax and Trade Bureau shall certify to the director that the labels will still comply with Alcohol and Tobacco Tax and Trade Bureau labeling criteria as found in the Federal Alcohol Administration Act, 27 C.F.R. § 4.39, 27 C.F.R. § 5.42, and 27 C.F.R. § 7.29.
- (f) Beer, light wine, and malt beverage products may submit a COLA with an updated label, provided only amended labels with Alcohol and Tobacco Tax and Trade Bureau permitted changes will be accepted.
- (g) If the ABV on the amended label differs from the COLA, a certificate of lab analysis must accompany the submission.
- (h) In no instance shall permitted containers of spirituous beverages be less than one hundred milliliters (100 ml), vinous beverages or wine be less than one hundred eighty-seven milliliters (187 ml), or beer or malt liquor be less than one hundred sixty-nine milliliters (169 ml) or five and seventy-five-hundredths ounces (5.75 oz.).
Codification Notes: "IRC" means Internal Revenue Code. "ABV" means alcohol by volume. The Federal Alcohol Administration Act is codified as 27 U.S.C. § 201 et seq.