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6
32B-7-102
0
Flavored Alcohol Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions relating to the beer that an off-premise beer retailer may sell.
Highlighted Provisions:
This bill:
amends the definition of beer for an off-premise beer retailer.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
32B-7-102
, as enacted by Laws of Utah 2010, Chapter 276
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
32B-7-102
is amended to read:
32B-7-102
. Definitions.
Reserved
As used in this chapter:
(1)
"Beer" means a product that:
(a)
contains:
(i)
at least .5% of alcohol by volume; and
(ii)
no more than 5% of alcohol by volume or 4% by weight;
(b)
is obtained by fermentation, infusion, or decoction of:
(i)
malt; or
(ii)
a malt substitute; and
(iii)
is clearly marketed, labeled, and identified as:
(A)
beer;
(B)
ale;
(C)
porter;
(D)
stout;
(E)
lager;
(F)
a malt;
(G)
a malted beverage; or
(H)
seltzer;
(c)
may contain:
(i)
hops extract; or
(ii)
caffeine, if the caffeine is a natural constituent of an added ingredient; and
(d)
may not contain a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent.
(2)
"Beer" does not include:
(a)
a flavored malt beverage;
(b)
a product that contains alcohol derived from:
(i)
spirituous liquor; or
(ii)
wine;
(c)
a product that contains an additive masking or altering a physiological effect of
alcohol, including kratom, kava, cannabidiol, or tetrahydrocannabinol; or
(d)
a beverage described in Subsection
(1)
that contains one or more flavorings that do
not have any bearing on the fermentation, infusion, or decoction of the beverage.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-26-26 8:49 AM