SECTION .0200 ‑ PRODUCT APPROVALS: LISTING PROCEDURES: PRODUCT LISTS

14B NCAC 15C .0201      MALT BEVERAGE PRODUCT APPROVAL: LISTING IN STATE

(a)  The Commission shall approve malt beverage products prior to the products being offered for sale in this State. The Commission shall provide Application for Malt Beverage Label and Products forms through the Commission's public website or upon request. Approved malt beverage products sold in this State shall conform to the analysis as submitted on the application form.

(b)  The Commission shall approve malt beverage products if:

(1)           the procedure for approval is complied with as required in Paragraph (c) of this Rule;

(2)           the analysis is within the limits as required in Paragraph (d) of this Rule;

(3)           the malt beverage product meets or exceeds the packaging requirements of Rule .0301 of this Subchapter; and

(4)           at the time of consideration, the Commission does not have evidence the product:

(A)          contains harmful or impure substances;

(B)          contains an improper balance of substances, based on studies by universities, laboratories, the Commission or other scientific studies;

(C)          is a spurious or imitation product; or

(D)          is unfit for human consumption.

(c)  Procedure for Approval. To receive consideration for approval by the Commission for a new malt beverage product, an industry member shall comply with the following procedures:

(1)           submit a completed Application for Malt Beverage Label and Products with a list of container sizes being offered;

(2)           attach malt beverage product labels specified on the application to the form;

(3)           upon request from the Commission, submit a sample of the product in a marketable container;

(4)           attach a copy of the Federal Label Approval Form (COLA) to the application form; and

(5)           submit required items to the Commission Product Section at product@abc.nc.gov.

(d)  Malt beverage analyses shall be within the following limits:

(1)           a maximum 15 percent alcohol by volume;

(2)           a maximum 25 parts per million of total sulphur dioxide content; and

(3)           a maximum 100 parts per million of gallo tannins.

(e)  Analyses of products submitted by industry members shall provide the following information in English:

(1)           the measured amounts listed in Paragraph (d) of this Rule;

(2)           the calories per 360 milliliters (12 ounces);

(3)           the specific gravity; and

(4)           the amount of fortified stimulant per 360 milliliters (12 ounces).

(f)  The Commission shall withdraw approval of a malt beverage product when the Commission has evidence to suspect that the product:

(1)           contains harmful or impure substances;

(2)           contains an improper balance of substances;

(3)           is a spurious or imitation product; or

(4)           is unfit for human consumption.

The Commission shall not re-approve a malt beverage product until receipt of evidence that the basis for withdrawal of approval was corrected.

(g)  A person possessing malt beverage products with approval withdrawn by the Commission shall have 60 days after notice of the withdrawal to sell or otherwise dispose of the malt beverage products.

(h)  Each Application for Malt Beverage Label and Products shall include the following information:

(1)           the trading as name of the applicant;

(2)           the applicant's North Carolina ABC permit number;

(3)           the mailing address of the applicant;

(4)           the name, email address, and telephone number of the contact person for the applicant;

(5)           whether the application is for a new malt beverage, a transfer of a malt beverage brand to a new supplier; or a revision of a previously approved malt beverage product which requires the inclusion of the North Carolina product code number on the form;

(6)           the brand name of the malt beverage;

(7)           the fanciful name of the malt beverage if indicated on the label;

(8)           the type of malt beverage as identified in Subpart I of 27 CFR Part 7, available free of charge at https://www.ecfr.gov/current/title-27/chapter-I/subchapter-A/part-7/subpart-I;

(9)           the types and sizes of containers included for approval;

(10)         if the supplier is a North Carolina brewery, the applicant must indicate whether the malt beverages will be sold only in North Carolina or will be sold in other states to determine whether a COLA must be included with the application;

(11)         the applicant must indicate whether the malt beverage does not include malt or hops, referenced in the industry as IRC beer, to determine whether a COLA must be included with the application;

(12)         the applicant must indicate whether the brand is a private label that is owned by a specific retail permittee; and,

(13)         the product analysis certification on the application must include the name of the certifier, the alcohol by volume resulting from the certifier's analysis, and the signature and title of the certifier.

History Note:        Authority G.S. 18B-100; 18B-203(a)(5); 18B-206; 18B-207;

Eff. January 1, 1982;

Amended Eff. April 1, 2011; July 1, 1992; May 1, 1984;

Transferred and Recodified from 04 NCAC 02T .0201 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 19, 2017;

Readopted Eff. February 1, 2026.