As part of a thorough review that the Alabama Brewers Guild and other industry stakeholders participated in, the Alabama ABC Board recently certified several amendments to its rules and regulations. What follows is not an exhaustive list of those changes. Many of the amendments were for style uniformity or to conform to new statutory requirements. Others were not applicable to the mission of the Guild.
The following list is, however, a high-level summary of the changes that should be most important to Alabama manufacturer licensees in Alabama. For a comprehensive list and understanding of the administrative code, please review the Alabama Administrative Code and the Alabama Administrative Monthly or consult with legal counsel. The effective dates of the provisions below are the expected effective date under the Alabama Administrative Procedures Act.
Effective October 15, 2021
- Wine Festival License Rules. The Board adopted 20-X-5-.19, related to Wine Festivals created by the legislature in 2021.
- Manufacturer Licensed Premise Extensions. The Board adopted 20-X-5-.20, authorizing and regulating premise extensions for manufacturers (such as a rickhouse) authorized by the U.S. Treasury.
Effective December 13, 2021
- Advertising Approval. The Board amended 20-X-7-.01, related to general advertising provisions, to no longer require prior approval of advertising of alcoholic beverages. A licensee may, however, continue to submit proposed advertising to the ABC Board for prior approval. Although prior approval will no longer be mandatory, licensees are still required to comply with applicable laws and regulations concerning the advertising of alcoholic beverages.
- Cooperative Advertising of Alcoholic Beverages. The Board amended 20-X-7-.05, related to cooperative advertising, to apply these provisions to all alcoholic beverages. This section previously only applied to beer.
- Beer, Wine, and Spirits Tastings. The Board amended 20-X-7-.07, 20-X-7-.10, and 20-X-7-.11, related to beer, wine and spirits tastings, to be more uniform. In particular:
- The Board removed the provision that beer tastings are limited to products that have not been available or widely distributed for one year
- All regulated tastings under this chapter must provide seven days’ notice to the ABC Board. Notice was previously only required for wine and spirits tastings.
- Product Samples for Testing. The Board amended 20-X-8-.01, related to manufacturer and importer requirements, to require that manufacturers or importers provide to the ABC Board, upon request, alcoholic products in original containers for testing purposes.
- Product Resets. The Board amended 20-X-8-.10, related to delivery by manufacturers and wholesalers, to provide that a wholesale licensee may conduct one full product reset per store per calendar year. Provided, however, the wholesaler may not alter or disturb the product of other wholesalers.