1. (a) No malt beverage may be shipped into the state or sold within the state without a certificate of product registration issued by the commission.
2. (b) An applicant for a certificate under this section must hold a brewer's license, nonresident brewer's license, or brewpub license issued by the commission.
3. (c) A nonresident brewer's agent may file an application for a certificate of product registration on behalf of a holder of a nonresident brewer's license.

4. (d) The application to register a malt beverage product must contain the following:

   1. (1) If the product is eligible for a COLA:

      1. (A) a legible copy of the product's COLA;
      2. (B) all information required to complete the application form; and
      3. (C) an application fee of $25.

   2. (2) If the product is not eligible for a COLA:

      1. (A) a legible exact color copy of the label;
      2. (B) a TTB formulation;
      3. (C) all information required to complete the application; and
      4. (D) an application fee of $25.

5. (e) In addition to the requirements in subsection (d), an application submitted by or on behalf of a nonresident brewer shall also include:

   1. (1) a sworn statement that the nonresident brewer is the primary American source of supply as defined in Alcoholic Beverage Code §63.06(c);
   2. (2) if the applicant is not listed on the COLA, a written authorization sworn to by the COLA holder appointing the applicant as the "exclusive agent" or "primary American source of supply" of the malt beverage for Texas;
   3. (3) if the product is not eligible for a COLA, a written authorization sworn to by the person to whom the TTB formulation has been issued appointing the applicant as the "exclusive agent" or "primary American source of supply" of the malt beverage for Texas; and
   4. (4) if the application pertains to a malt beverage currently registered to a separate brewer or nonresident brewer, a written authorization to revoke the prior registration sworn to by the prior registrant.
6. (f) The executive director or their designee may waive the requirement to provide the documentation in subsection (e)(2)-(4) of this section for good cause shown by the applicant.
7. (g) Labels for beverages that meet the definition of malt beverage but are ineligible for a COLA must also comply with 21 C.F.R. Part 101; 27 C.F.R. Parts 16 and 25; 21 U.S.C. §§341-350; 26 U.S.C. Ch. 51; and 27 U.S.C. §215.

Source Note:The provisions of this §45.40 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182; amended to be effective April 14, 2025, 50 TexReg 2381; amended to be effective December 8, 2025, 50 TexReg 7920.