(1) Each product a winery or wine importer desires to sell in the state of Montana must be approved by the department and conform to the provisions of ARM 42.13.201.

(2) In order to consider the product for approval, the department must receive copies of:

(a) a picture of the primary packaging unless a traditional container is used. Traditional containers include aluminum cans, glass bottles, kegs, and boxes that are typically associated with alcoholic beverages. Any changes to the primary packaging must be approved by the department prior to entering the Montana market if a nontraditional container is used; and

(b) the Certificate of Label Approval from the Alcohol and Tobacco Tax and Trade Bureau for wine over 7 percent alcohol by volume. Any changes to the label that require approval from the Alcohol and Tobacco Tax and Trade Bureau must be approved by the department prior to entering the Montana market; or

(c) the label, if the wine is less than 7 percent alcohol by volume. Any changes to the label must be approved by the department prior to entering the Montana market.

(3) The department will process the request and provide approval or denial to the winery or wine importer in writing within 30 days of receipt of all required information.