16 Tex. Admin. Code § 45.112
Use of Brand Names and Insignia by Industry
Effective Nov 18, 201035 TexReg 10047Source Note: The provisions of this §45.112 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3096; amended to be effective August 1, 1994, 19 TexReg 5630; amended to be effective August 16, 1999, 24 TexReg 6289; amended to be effective November 18, 2010, 35 TexReg 10047.Texas Secretary of State
- (a) This section is promulgated pursuant to Alcoholic Beverage Code, §102.07 and §108.03.
(b) Advertising of an alcoholic beverage on caps, regalia or uniforms worn by an employee of a manufacturer, distributor, distiller or winery, shall be limited to:
- (1) the name and address of the manufacturer, distributor, distiller or winery; and
- (2) the brand names, logos and slogans that appear on the container labels approved by the administrator for such alcoholic beverage.
(c) Advertising of an alcoholic beverage on caps, regalia or uniforms worn by a participant in any game, sport, athletic contest or revue, when the participant is sponsored by a manufacturer, distributor, distiller or winery, shall be limited to:
- (1) the name and address of the manufacturer, distributor, distiller or winery; and
- (2) the brand names, logos and slogans that appear on the container labels approved by the administrator for such alcoholic beverage.
(d) Business cards and stationery bearing brand insignia may be used by licensees and permittees who are not retail licensees and permittees. Such business cards and stationery may contain:
- (1) the name and address of the user;
- (2) the name and address of the firm represented;
- (3) the brand insignia of any alcoholic beverage which the firm represents or the user is licensed to sell; and
- (4) any other logo, slogan or trademark that appears on the approved label for such alcoholic beverage, or which slogan or trademark has otherwise been approved by the administrator.
- (e) Advertising of alcoholic beverages on the equipment, service or delivery vehicles of a member of the manufacturing or wholesale tiers shall be limited to the brand names or logos of the alcoholic beverages sold or represented by the manufacturer, local distributor or wholesaler, firm names and addresses of the manufacturer, local distributor or wholesaler, and such slogans as have been approved by the administrator.
- (f) Menu cards, folders or sheets advertising beer, ale or malt liquor may be furnished to a holder of a retail license or permit by an upper-tier member, if such menu cards, folders or sheets, at the time of their delivery to the retailer, do not list any food or drink item offered for sale by the retailer. The holder of the retail license or permit shall bear all costs of listing any such food or drink item on the menu cards, folders or sheets.
Source Note:The provisions of this §45.112 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3096; amended to be effective August 1, 1994, 19 TexReg 5630; amended to be effective August 16, 1999, 24 TexReg 6289; amended to be effective November 18, 2010, 35 TexReg 10047.