1. (a) Authorized standards of fill. The standards of fill for all distilled spirits, whether domestically manufactured, domestically bottled, or imported, subject to the tolerances allowed in this section. In addition to these stated container sizes and standards of fill authorized for the importation and sale of distilled spirits in this state, any other container sizes and standards of fill based on international metric units of measure and authorized by the United States Department of the Treasury are hereby authorized. However, no container size or standard of fill prohibited by the Alcoholic Beverage Code shall be construed to be permitted by this section.
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2. (b) Tolerances. The following tolerances are allowed:

   1. (1) discrepancies due to errors in measuring which occur in filling conducted in compliance with good commercial practice;
   2. (2) discrepancies due to differences in the capacity of bottles, resulting solely from unavoidable difficulties in manufacturing such bottles to a uniform capacity; provided, that no greater tolerance shall be allowed in case of bottles which, because of their design, cannot be made approximately uniform capacity than is allowed in case of bottles which can be manufactured so as to be of approximately uniform capacity; and
   3. (3) discrepancies in measure due to differences in atmospheric conditions in various places and which unavoidably result from the ordinary and customary exposure of alcoholic beverages in bottles to evaporation. The reasonableness of discrepancies under this paragraph shall be determined on the facts in each case.
3. (c) Unreasonable shortages. Unreasonable shortages in certain of the bottles in any shipment shall not be compensated by overages in other bottles in the same shipment.

Source Note:The provisions of this §45.8 adopted to be effective August 21, 2011, 36 TexReg 5208.