CHAPTER NO. 857

HOUSE BILL NO. 2408

By Representative Buck

Substituted for: Senate Bill No. 2658

By Senator Cohen

AN ACT to amend Tennessee Code Annotated, Section 57-5-112; Section 57-6-104(e) and Section 57-6-104(i), relative to beer container sizes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 57-5-112 is amended by deleting the subsection in its entirety and substituting instead the following:

(a) Any wholesaler or retailer selling or distributing any product regulated under this chapter in a twenty-five and four tenths (25.4) ounce container may distribute such container only if the container has affixed to it a label, printed in at least 3/16" type, which states "flavored beer". Nothing herein shall be construed to impose upon a brewer or importer the duty to affix the labels required under this subsection prior to sale to a wholesaler.

(b) Any retail permittee or licensee under this title which elects to distribute any beer product in a twenty-five and four tenths (25.4) ounce container is prohibited from indicating, directly or indirectly, that the product is not a flavored beer product. Any retail permittee or licensee violating this section shall be subject to sanctions imposed by law.

SECTION 2. Tennessee Code Annotated, Section 57-6-104, is amended by deleting subsection (e) in its entirety.

SECTION 3. Tennessee Code Annotated, Section 57-6-104, is amended by deleting subsection (i) in its entirety.

SECTION 4. This act shall take effect on July 1, 1998, the public welfare requiring it.

PASSED: April 29, 1998

APPROVED this 1st day of May 1998