The Alcoholic Beverage Control Board, in the interest of promoting responsible use of alcoholic beverages, ensuring orderly market conditions, and fostering the ability of the State of Arkansas to collect appropriate taxes on alcoholic beverages consumed within the state, hereby adopts the following rule:

1. (1)

   1. (A) Each container of liquor, wine, or beer, as such beverages are defined by Arkansas Code provisions and this part, which is shipped by any distillery, winery, brewery or other manufacturer, supplier, broker, or any agent thereof, to any federal military reservation or enclave in Arkansas, which is intended to be sold or consumed on such reservation or enclave and which is not distributed through a licensed Arkansas wholesaler, shall contain and display an identification label which states that such alcoholic beverages shall be intended for consumption within such federal reservation or enclave exclusively.
   2. (B) This mandatory label shall be in a size, configuration, and contain wording as hereinafter specified.
   3. (C) The distillery, winery, brewery, manufacturer, supplier, or broker which ships or causes to be shipped such alcoholic beverages to any federal reservation or enclave within the state is responsible for ensuring that such alcoholic beverages are appropriately labeled as provided for herein.
   4. (D) Each manufacturer or supplier will be responsible for providing their own identification labels as required by this section;

2. (2) The identification label required to be affixed to each container of alcoholic beverage, as set out above, shall meet the following requirements:

   1. (A) The label shall be a minimum size of one inch (1”) in height and two inches (2”) in length;
   2. (B) The label shall be made of day-glow orange crack and peel permanent self-adhesive paper with bold black lettering;
   3. (C) Each label shall contain three (3) lines of print, shall be consecutively numbered, and shall state the following: MILITARY RESERVATION USE ONLY NUMBER (Letter plus five-digit number) ARKANSAS

   4. (D)

      1. (i) One such label shall be placed on the front of each individual container (bottle or can) of any size of three hundred seventy-five milliliters (375 ml) or larger.
      2. (ii) Front shall mean the same side on which the label identifying the product is placed and, if on a bottle, below the neck.
      3. (iii) On containers smaller than three hundred seventy-five milliliters (375 ml), such label may be placed on either the back or front of such container and may be placed lengthwise;

3. (3)

   1. (A) In addition to affixing identification labels as required herein, any distillery, winery, brewery, or other manufacturer or supplier who, after the effective date hereof, ships any alcoholic beverages directly to any federal military reservation or enclave within Arkansas shall file a monthly report with the Miscellaneous Tax Section of the Office of Excise Tax Administration of the Department of Finance and Administration, on such reporting forms as are specified by the department, reflecting by brand, size, and quantity all alcoholic beverages shipped to any such federal reservation or enclave during the preceding calendar month.
   2. (B) The report submitted shall also include a listing of the serial numbers of the identification labels affixed to all bottles and cans so shipped during the previous month.
   3. (C) Such reports shall be filed with the Miscellaneous Tax Section no later than the fifteenth of each month and shall reflect all such shipments made during the previous month.
   4. (D) It is specifically provided that the Miscellaneous Tax Section will have no duty or responsibility pursuant to this section other than the maintenance of a file of any shipment reports received.
   5. (E) Any and all responsibility for the enforcement of any provision herein shall be solely that of the Alcoholic Beverage Control Division; and

4. (4)

   1. (A) Full and complete compliance with each and every requirement contained herein shall be considered a continuing condition of the authority of any manufacturer or supplier to distribute its alcoholic beverage products within the State of Arkansas.
   2. (B) Failure to comply with this section after appropriate notice and hearing could result in revocation of any such manufacturer’s or supplier’s brand registrations, thereby revoking authorization to do business in Arkansas.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: " (Adopted 6-19-91)"