West Virginia Code of State Rules Agency 176 - Alcohol Beverage Control Commission-Beer
West Virginia Code of State Rules
Agency 176 - Alcohol Beverage Control Commission (Beer)
Purpose
Agency 176 regulates the production, distribution, sale, and control of nonintoxicating beer within West Virginia. The goal is to oversee the industry to promote responsible commerce, public safety, and fair market practices related to beer products.
Key Provisions and Structure
1. Definitions
Nonintoxicating Beer: Beer containing more than 0.5% but less than 15% alcohol by volume.
Nonalcoholic Beer: Beer with less than 0.5% alcohol by volume.
Licensee: Any person or entity licensed under these rules to produce, distribute, or sell nonintoxicating beer.
Commissioner: The head official of the Alcohol Beverage Control Administration who oversees the enforcement of these regulations.
2. Licensing
Any entity wishing to manufacture, distribute, or sell nonintoxicating beer must obtain a license from the Alcohol Beverage Control Commission.
Different types of licenses exist depending on the activity: brewery licenses, distributor licenses, retailer licenses, etc.
Licenses are subject to renewal and may be denied, suspended, or revoked if rules are violated.
3. Labeling and Approval
All beer products must have labels approved by the Commission.
Labels must clearly identify the product, alcohol content, and meet packaging standards.
No misleading or deceptive labeling is permitted.
4. Sale and Distribution
Beer sales must comply with designated hours and conditions set by the Commission.
Sale of beer to minors is strictly prohibited.
Distributors and retailers must maintain records of all transactions for regulatory review.
5. Advertising
Advertising beer is allowed but subject to certain restrictions.
Ads must not target underage individuals.
Promotional materials must be approved by the Commission.
Limits exist on promotional giveaways or incentives to avoid excessive influence or inducement.
6. Growlers and Packaging
Rules exist on the sale of beer in growlers (large refillable containers).
Growlers must be properly sanitized and labeled.
Refill regulations are in place to ensure product safety and prevent contamination.
7. Sanitation and Safety
All licensees must comply with sanitation and health standards.
Facilities must be maintained to prevent contamination or spoilage.
The Commission may inspect premises to ensure compliance.
8. Prohibited Acts
Selling beer without a license.
Selling beer on credit.
Misrepresenting the alcohol content or labeling of beer.
Employing underage individuals in prohibited capacities.
Failing to maintain records or provide access to inspectors.
9. Enforcement and Penalties
The Commission has authority to investigate violations.
Licenses may be suspended or revoked for breaches of the rules.
Fines and penalties may be imposed on offenders.
Licensees have a right to a hearing before any disciplinary action is finalized.
Practical Implications
Businesses involved in beer production or sales must be diligent about compliance with licensing and operational rules.
Proper record-keeping, adherence to labeling standards, and responsible marketing are critical.
The Commission’s oversight ensures the safety of consumers and maintains orderly conduct within the beer industry.
Summary
Agency 176 sets out a clear regulatory framework to manage the beer industry in West Virginia. It balances the commercial interests of brewers and sellers with the state’s interest in public health and safety. The rules create accountability through licensing, labeling standards, advertising controls, and enforcement mechanisms.
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