BEFORE THE DEPARTMENT OF REVENUE
OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On November 23, 2012, the department published MAR Notice Number 42-2-887 regarding the proposed amendment of the above-stated rules at page 2333 of the 2012 Montana Administrative Register, Issue Number 22.
2. A public hearing was held on December 17, 2012 to consider the proposed amendment. No one appeared at the hearing to testify and no written comments were received. However, in order to more closely mirror recent language amendments made to related rules following public comment on a similar subject, and to define a term being used, the department further amends ARM 42.11.105 and 42.11.402 as follows:
42.11.105 DEFINITIONS As used in subchapters 1, 2, and 4, the following definitions apply:
(1) through (13) remain as proposed.
(14) "Primary packaging" means the container that directly holds the alcoholic beverage. Examples of primary packaging include, but are not limited to, aluminum cans, glass bottles, and a box containing a plastic bladder or other soft flexible container.
(14) through (22) remain as proposed, but are renumbered (15) through (23).
AUTH: 16-1-103, 16-1-104, 16-1-303, MCA
IMP: 16-1-103, 16-1-104, 16-1-302, 16-1-401, 16-1-404, 16-1-411, 16-2-101, 16-2-201, 16-2-301, 16-3-107, MCA
42.11.402 INVENTORY POLICY (1) remains as proposed.
All products Each product a vendor desires to sell in the state of Montana must be approved by the department prior to being accepted into the state liquor warehouse. A vendor shall submit In order to consider the product for approval, the department must receive a picture copy of the product requested for approval product's primary packaging.
(3) Liquor products are a mature product category, restricted by law to only consumers age 21 or older and who are not intoxicated, and therefore should be marketed in a responsible and appropriate manner. The department, in its discretion and on a case-by-case basis, will not approve a liquor product that:
(a) blurs the distinction between an alcoholic and nonalcoholic product by utilizing labeling
, and/or primary packaging and/or containers that emphasize features that are most commonly associated with nonalcoholic consumable products including, but not limited to:
(a)(i) through (a)(iv) remain as proposed.
(b) uses flavors that are
most commonly associated with designed to target or particularly appeal to underage persons, such as:
(b)(i) through (b)(ii) remain as proposed.
(c) contains graphics or elements that:
most commonly associated with designed to target or particularly appeal to underage persons;
(ii) minimizes, fails to identify, or disguises that the
product's product contains alcohol content; or
(iii) alludes to or suggests irresponsible, excessive, or underage consumption;
(d) requires specialized handling requirements such as frozen or refrigerated products.
(4) remains as proposed.
AUTH: 16-1-103, 16-1-303, MCA
IMP: 16-1-103, 16-1-104, 16-1-302, MCA
3. Therefore, the department amends ARM 42.11.105 and 42.11.402 as shown above; and amends ARM 42.11.211, 42.11.245, 42.11.409, and 42.13.804 as proposed.
4. An electronic copy of this notice is available on the department's web site at www.revenue.mt.gov. Select the "Laws and Rules" link in the left hand column, and click on the "Rules" link within to view the options under the "Current Rule Actions – Published Notices" heading. The department strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. While the department also strives to keep its web site accessible at all times, in some instances it may be temporarily unavailable due to system maintenance or technical problems.
/s/ Cleo Anderson /s/ Mike Kadas
CLEO ANDERSON MIKE KADAS
Rule Reviewer Director of Revenue
Certified to Secretary of State January 22, 2013