West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-4 - Labels, Brewer's Reports, Taxation, Distributor's Reports, Records Management By Brewers And Distributors

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Approval of Commissioner: The Commissioner must approve the label to be affixed
				upon any nonintoxicating beer container manufactured, imported, sold, or to be
				sold in this state. Labels must be submitted by all breweries, resident
				brewers, or importers in duplicate to the Commissioner who must approve the
				labels before they can be used on any container sold or to be sold in this
				state.
4.1.a. No label may be affixed to any
				nonintoxicating beer container, manufactured, imported, sold, or for sale in
				this state, which bears any design, picture, or wording indicating that the
				contents of the container are brewed or manufactured for one particular
				distributor, retailer, or group of retailers, or use any trademark other than
				that of a licensed brewer or manufacturer. Additionally, no nonintoxicating
				beer container may be manufactured, brewed, or approved for sales when intended
				for use solely by one retailer or a particular group of associated retailers.
				In other words, private label nonintoxicating beer is unlawful.
4.1.b. No nonintoxicating beer product or
				brand may be sold, offered for sale or transported to West Virginia by any
				person, brewer, resident brewer, distributor, or retailer unless it has first
				been registered and approved by the Commissioner.
4.1.b.1. Label Registration.
4.1.b.1.A. Any brewer or resident brewer
				offering nonintoxicating beer or nonintoxicating craft beer for sale in West
				Virginia shall register, prior to offering such beer for sale in the state,
				with the Commissioner each nonintoxicating beer or nonintoxicating craft beer
				container label.
4.1.b.1.A.i. Prior to
				registration of any nonintoxicating beer or nonintoxicating craft beer
				container labels, the Commissioner must review the label or brand.
4.1.b.1.A.ii. The label and brand review
				shall include, but not be limited to, a review of the alcohol content,
				corporate or product information, and marketing and advertising information to
				ensure the nonintoxicating beer or nonintoxicating craft beer container label
				is not intended to be marketed to persons less than 21 years of age.
4.1.b.1.B. No nonintoxicating beer
				or nonintoxicating craft beer brand may be sold unless the nonintoxicating beer
				or nonintoxicating craft beer brand's container labels for the product intended
				for sale in the state have been registered and reviewed by the
				Commissioner.
4.1.b.1.C. The
				Commissioner shall remove all nonrenewed nonintoxicating beer or
				nonintoxicating craft beer container labels from the list of registered and
				approved labels, and any licensee who sells nonintoxicating beer or
				nonintoxicating craft beer with nonrenewed container labels shall be subject to
				the penalties under this rule and W. Va. Code §
												11-16-23.
4.1.b.1.D. Failure to register, obtain a
				review, and a certification for a nonintoxicating beer or nonintoxicating craft
				beer container label and failure to register such labels will subject the
				brewer or resident brewer to penalties under this rule and the Code.
4.1.b.1.E. The Commissioner shall prescribe
				forms to complete such registration.