(1) A brewer seeking to obtain small-brewer status shall provide to the department any documentation or information the department determines necessary to determine if the brewer is part of a controlled group of manufacturers.

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Terms Used In Utah Code 32B-11-504

  • Brewer: means a person engaged in manufacturing:
         (16)(a) beer;
         (16)(b) heavy beer; or
         (16)(c) a flavored malt beverage. See Utah Code 32B-1-102
  • Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
         (122)(a) if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and
         (122)(b) excluding beer, heavy beer, or flavored malt beverage the brewer:
              (122)(b)(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
              (122)(b)(ii) does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102
(2) The department may revoke a brewer’s small-brewer status at any time, if the department determines the brewer does not qualify as a small brewer.