When used in this chapter, the terms listed below shall have the following meanings:

1. (1) Alcoholic beverage--alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted, including distilled spirits, malt beverages, and wine, as defined herein.
2. (2) Ale--Any malt beverage containing more than 4.0% of alcohol by weight. In this chapter, "malt liquor" and "ale" have the same meaning.
3. (3) Applicant--A person who submits an application with the commission to register an alcoholic beverage product.
4. (4) Bottler--Any person who places alcoholic beverages in containers.
5. (5) Brand label--The label carrying, in the usual distinctive design, the brand name of the alcoholic beverage.
6. (6) Brewpub--A holder of a brewpub license under Chapter 74 of the Alcoholic Beverage Code.
7. (7) Code--The Texas Alcoholic Beverage Code.
8. (8) COLA--A certificate of label approval issued by the United States Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 CFR Ch. I, Subch. A, Part 13.
9. (9) Commission--The state agency, the Texas Alcoholic Beverage Commission; this term is not intended to refer to the agency's commissioners sitting as a deliberative body.
10. (10) Container--Any can, bottle, barrel, keg, cask, tank car, or other closed receptacle, irrespective of size or of the material from which made, for use for the sale of malt alcoholic beverages. This provision does not in any way relax or modify §1.04(18) of the Alcoholic Beverage Code.
11. (11) Distilled spirits--Alcohol, ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, other distilled spirits, and any liquor produced in whole or in part by the process of distillation, including all mixtures and dilutions thereof.
12. (12) Malt beverage--A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human consumption.
13. (13) Malt liquor--Any malt beverage containing more than 4.0% of alcohol by weight. In this chapter, "malt liquor" and "ale" have the same meaning.
14. (14) Person--a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
15. (15) Producer--a manufacturer of all classes of alcoholic beverages and nonresident sellers that are the primary American source of supply for purposes of §37.10 of the Code.
16. (16) TTB--the United States Alcohol and Tobacco Tax and Trade Bureau or its successor agency.
17. (17) Wine--A product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers and other alcoholic beverages made in the manner of wine, including sparkling and carbonated wine, vermouth, cider, sake, and perry.

Source Note:The provisions of this §45.2 adopted to be effective December 31, 2020, 45 TexReg 7245.