DAR File No. 43943

Alcoholic Beverage Control, Administration

Section R81-1-33

Alcohol Content

Notice of Proposed Rule

(Amendment)

DAR File No.: 43943
Filed: 07/31/2019 03:52:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed section is necessary to implement provisions of H.B. 453 passed in the 2019 General Session. The proposed section defines the tolerance range when taking samples of the alcohol content of beer or heavy beer.

Summary of the rule or change:

This amendment is necessary to implement provisions of H.B. 453 (2019). Sections 32B-1-607 and 32B-2-204 authorize rulemaking related to measuring the alcohol content of beer. This proposed section defines the tolerance range when testing samples for the alcohol content of beer or heavy beer as up to a 0.18% above or below when measured by volume, or 0.15% above or below when measured by weight.

Statutory or constitutional authorization for this rule:

• Section 32B-1-607
• Section 32-2-204

Anticipated cost or savings to:

the state budget:

None--Any anticipated cost or savings to the state budget are a result of statutory requirements of H.B. 453 (2019). Costs and savings for administering this change were calculated as part of the fiscal note. This amendment does not create additional cost or savings beyond what was anticipated during the legislative process.

local governments:

None--Any anticipated cost or savings to local governments are a result of statutory requirements of H.B. 453 (2019). Costs and savings for administering this change were calculated as part of the fiscal note. This amendment does not create additional cost or savings beyond what was anticipated during the legislative process.

small businesses:

None--Any anticipated cost or savings to small businesses are a result of statutory requirements of H.B. 453 (2019). Costs and savings for administering this change were calculated as part of the fiscal note. This amendment does not create additional cost or savings beyond what was anticipated during the legislative process.

persons other than small businesses, businesses, or local governmental entities:

None--Any anticipated cost or savings are a result of statutory requirements of H.B. 453 (2019). Costs and savings for administering this change were calculated as part of the fiscal note. This amendment does not create additional cost or savings beyond what was anticipated during the legislative process.

Compliance costs for affected persons:

There are no fees associated with this process. Any anticipated cost or savings are a result of statutory requirements of H.B. 453 (2019). Costs and savings for administering this change were calculated as part of the fiscal note. This amendment does not create additional cost or savings beyond what was anticipated during the legislative process.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule amendment is necessary to establish the tolerance range when testing samples for the alcohol content of beer or heavy beer as up to 0.18% above or below when measured by volume, or 0.15% above or below when measured by weight.

Salvador Petilos, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Alcoholic Beverage Control
Administration
1625 S 900 W
SALT LAKE CITY, UT 84104-1630

Direct questions regarding this rule to:

• Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/16/2019

This rule may become effective on:

09/23/2019

Authorized by:

Sal Petilos, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

None--Any anticipated cost or savings to persons other than small business, businesses or local government entities are a result of statutory requirements of H.B.453 (2019). Any anticipated cost or savings were calculated as part of the fiscal note. This amendment does not create additional cost or savings beyond what was anticipated during the legislative process.

 

The head of the department of Alcoholic Beverage Control, Salvador Petilos, has reviewed and approved this fiscal analysis.

 

 

R81. Alcoholic Beverage Control, Administration.

R81-1. Scope, Definitions, and General Provisions.

R81-1-33. Alcohol Content.

(1) This rule is made pursuant to Section 32B-1-607, which authorizes the Commission to make rules implementing Part 6, and 32B-2-204, which authorizes the Department to make rules related to measuring the alcohol content of beer.

(2) Before November 1, 2019, a product complies with Title 32B and rules governing labeling if:

(a) the product is beer and if, after sampling, it is determined to contain no more than 3.35% alcohol by weight or 4.18% alcohol by volume; or

(b) the product is heavy beer and if, after sampling, it is determined to contain at least 3.82% alcohol by volume.

(3) On or after November 1, 2019, a product complies with Title 32B and rules governing labeling if:

(a) the product is beer and if, after sampling, it is determined to contain no more than 4.15% alcohol by weight or 5.18% alcohol by volume; or

(b) the product is heavy beer and if, after sampling, it is determined to contain at least 4.82% alcohol by volume.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [December 24, 2018]2019

Notice of Continuation: May 2, 2016

Authorizing, and Implemented or Interpreted Law: 32B-2-201(10); 32B-2-202; 32B-2-204; 32B-2-206; 32B-3-203(3)(c); 32B-3-205(2)(b); 32B-5-304; 32B-1-305; 32B-1-306; 32B-1-307; 32B-1-607; 32B-1-304(1)(a); 32B-6-702; 32B-6-805(3); 32B-9-204(4); 32B-4-414(1)(b) and (c)