1. (a) No malt beverage may be shipped into the state or sold within the state without a Certificate of Registration issued by the commission.
2. (b) An applicant for a Certificate under this section must hold a brewer's permit, non-resident brewer's permit, manufacturer's license, non-resident manufacturer's license, or brewpub license issued by the commission.
3. (c) Persons holding a non-resident manufacturer's agent's permit or non-resident brewer's agent's permit may file an application for a Certificate of Registration on behalf of a holder of a permit or license listed in subsection (b) of this section.

4. (d) An applicant must submit an Application to Register a Malt Beverage on the form prescribed by the commission along with the application fee to the commission. The application must contain the following:

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

      1. (A) legible copy of the COLA;
      2. (B) an actual label that is affixed to the malt beverage as shipped or sold, or a legible exact color copy of a label; and
      3. (C) all information required to complete the application form.

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

      1. (A) an actual label that is affixed to the malt beverage as shipped or sold, or a legible exact color copy of the label;
      2. (B) TTB formulation; and
      3. (C) all information required to complete the application form.
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.