1. (1) This rule is made pursuant to Sections 32B-1-607, which authorizes the Commission to make rules implementing Part 6, and 32B-2-204, which authorizes the Department to make rules related to measuring the alcohol content of beer.

2. (2) Before November 1, 2019, a product complies with Title 32B and rules governing labeling if:

   1. (a) the product is beer and if, after sampling, it is determined to contain no more than 3.35% alcohol by weight or 4.18% alcohol by volume; or
   2. (b) the product is heavy beer and if, after sampling, it is determined to contain at least 3.82% alcohol by volume.

3. (3) On or after November 1, 2019, a product complies with Title 32B and rules governing labeling if:

   1. (a) the product is beer and if, after sampling, it is determined to contain no more than 4.15% alcohol by weight or 5.18% alcohol by volume; or
   2. (b) the product is heavy beer and if, after sampling, it is determined to contain at least 4.82% alcohol by volume.

KEY: alcoholic beverages

Date of Last Change: January 30, 2026

Notice of Continuation: February 5, 2025

Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607