42.13.603    USE OF FLAVORS AND NONBEVERAGE INGREDIENTS CONTAINING ALCOHOL IN THE MANUFACTURING OF BEER

(1) A brewery licensed by the department and located in Montana that uses flavors and other nonbeverage ingredients containing alcohol in their blending and manufacturing processes is required to request such products through the department on a form supplied by the department.

(2) The department will process the request and notify the supplier, specified by the brewery, of the quantities and sizes of the various flavors and nonbeverage ingredients containing alcohol to be delivered to the brewery.

(3) For beer with alcohol content of 6 percent or less alcohol by volume, flavors and other nonbeverage ingredients containing alcohol may contribute no more than 49 percent of the overall alcohol content of the finished product.

(4) For beer with an alcohol content of more than 6 percent alcohol by volume, no more than 1.5 percent of the volume of the finished product may consist of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.

(5) All brewery beer formulas, for beer containing flavors and other nonbeverage ingredients containing alcohol, must be approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB), prior to state approval. Brewers requesting label approval by the state, for beer containing flavors and other nonbeverage ingredients containing alcohol, must include a copy of their TTB formula approval letter.

(6) The brewery must keep all flavors and nonbeverage ingredients containing alcohol on its licensed premises.

(7) Flavors and nonbeverage ingredients containing alcohol can only be used for blending and manufacturing purposes and may not be resold, transferred, or given away. A brewery must receive approval from the department to destroy or dispose of any flavors or nonbeverage ingredients containing alcohol.

(8) A brewery must document and maintain records at their place of business of all flavors and nonbeverage ingredients containing alcohol used for blending and manufacturing purposes. The department may make an examination of any brewery's records and otherwise check the accuracy of the alcohol content of any malt beverage manufactured by the brewery.

History: 16-1-303, MCA; IMP, 16-1-401, 16-1-404, MCA; NEW, 2012 MAR p. 199, Eff. 1/27/12.