June 5, 2014

You recently inquired if the state regulates the blending or infusing of beer with other non-alcoholic beverages. Your question was referred to Legal Consultant Josh Jones for response.
 
In response, Mr. Jones cities TCA § 57-5-101(b) which defines beer as follows:
 
(b) For purposes of this title, “beer” means beer, ale or other malt beverages, or any other beverages having an alcoholic content of not more than five percent (5%) by weight, except wine as defined in § 57-3-101; provided, however, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other nonbeverage ingredients containing alcohol.
 
So in his opinion, as long as the mix meets the definition above, it should be legal.
 
Please let me know if you have questions or require any additional assistance on this matter.

Jeffrey J. Broughton
Municipal Management Consultant

cc: Josh Jones, MTAS Legal Consultant