PURPOSE: This rule defines requirements for licensing of manufacturers and collecting nonintoxicating beverage inspection fees.

1. (1) The following definitions shall apply in the interpretation and the enforcement of this rule:

   1. (A) A nonintoxicating beverage is any soft drink or beverage, excepting malt beverages, as used in section 196.365, RSMo (1986);
   2. (B) Manufacturer is any person who formulates, mixes or packages a nonintoxicating beverage for sale;
   3. (C) A distributor is any person who purchases nonintoxicating beverages from a manufacturer for further distribution through wholesale accounts or any person who contracts with one (1) or more manufacturers to bottle or can private-label beverages for distribution. A distributor of products of a licensed manufacturer of franchised brands is a person who delivers nonintoxicating beverages in a designated territory and shall be exempt from licensure requirements; and
   4. (D) Inspection fees are moneys for sanitation inspection of the manufacturing or warehouse facilities, label review and laboratory analysis of nonintoxicating beverage products, paid by either the manufacturer or distributor as determined by contractual agreement.
2. (2) Every wholesale manufacturer or distributor of nonintoxicating beverages shall pay inspection fees based on the gallonage of beverage produced, shipped or sold or on a rated capacity of filling machines. Fees shall be paid to the Department of Health as provided by section 196.375, RSMo (1986).
3. (3) Every dealer in nonintoxicating beverages when listed as a manufacturer or distributor with the county assessor of the county in which the place of business, warehouse, factory or other establishment is located as required in section 150.050, RSMo (1986) shall apply for and obtain a beverage manufacturer’s or distributor’s license from the Department of Health. Failure to hold a valid license shall not excuse any manufacturer or distributor of nonintoxicating beverages from payment of inspection fees on nonintoxicating beverages shipped or sold during the period of nonconformance with state licensing requirements.
4. (4) Every manufacturer or distributor of nonintoxicating beverages shall report monthly to the Department of Health—unless the Department of Health agrees to a quarterly report—those quantities of nonintoxicating beverages shipped or sold in Missouri. Reports shall be considered delinquent if not received by the tenth day of the month following the reporting period.
5. (5) When billed by the Department of Health every manufacturer or distributor of nonintoxicating beverages shall pay the beverage inspection fees established by law to the Department of Health as agent for the Department of Revenue. The Department of Health or the state auditor may audit records of sales for the purpose of determining complete reporting of all sales subject to the nonintoxicating beverage inspection fees.

AUTHORITY: section 196.440, RSMo 1986. This rule was previously filed as 13 CSR 50- 75.010. Original rule filed Nov. 1, 1961, effective Jan. 1, 1962. Amended: Filed June 2, 1982, effective Sept. 11, 1982.