1. (1) All beer or malt beverage products that a brewer or beer importer desires to sell in the state of Montana must be approved by the department and conform to ARM 42.13.201 prior to the product entering the Montana market. In order to consider the product for approval, the department must receive copies of:

   1. (a) the primary packaging, unless a traditional container is used. Traditional containers include aluminum cans, glass bottles, kegs, and boxes that are typically associated with alcoholic beverages; and
   2. (b) the Certificate of Label Approval for products that are regulated by the Alcohol and Tobacco Tax and Trade Bureau (TTB); or
   3. (c) the label for products that are regulated by the U.S. Food and Drug Administration.
2. (2) Any changes to the product packaging or labels described in (1)(a) through (c) require department approval prior to the product entering the Montana market.
3. (3) A brewer of malted beverages who has an annual nationwide production of less than 10,000 barrels is exempt from the requirements in (1)(a) through (c).

4. (4) Beer containing more than 8.75 percent but not more than 14 percent alcohol by volume must:

   1. (a) meet the definition of beer provided in 16-1-106(5), MCA;
   2. (b) be approved by the department prior to being sold or distributed within the state; and
   3. (c) note the alcohol content by volume on the label.

5. (5) In addition to the requirements in (1)(a) through (c), for beer or formula changes that meet the criteria in (4), the following documents are also required:

   1. (a) The brewer or beer importer must file a form, supplied by the department, attesting that the formula meets the requirements in (4).
   2. (b) If the brewer or beer importer is required by federal law or regulations to file its formula with TTB, the brewer or beer importer is also required to send a copy of the formula filed with the TTB to the department.
   3. (c) At the department's request and sole discretion, brewers or beer importers must file a formula for verification of its compliance with Montana statutes.
   4. (d) All formulas filed with the department are protected by the privacy act and will not be released by the department unless otherwise required by law or by court order.
6. (6) The department will process the request and provide approval or denial in writing within 30 days of receipt of all required information.
7. (7) Each brewer actively involved in a distinct beer collaboration pursuant to 16-3-213(4), MCA, must file for a beer label approval if the collaboration beer meets the criteria provided in (4).

Authorizing statute(s): 16-1-303, MCA

Implementing statute(s): 16-1-102, 16-1-106, 16-1-302, 16-4-105, MCA

History: NEW, 2010 MAR p. 757, Eff. 3/26/10; AMD, 2012 MAR p. 2646, Eff. 12/21/12; AMD, 2025 MAR, Notice No. 2025-249, Eff. 10/25/25.