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) 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.