Dear Reader:
The following document was created from the MTAS website (www.mtas.tennessee.edu). This website is maintained daily by MTAS staff and seeks to represent the most current information regarding issues relative to Tennessee municipal government.
We hope this information will be useful to you; reference to it will assist you with many of the questions that will arise in your tenure with municipal government. However, the Tennessee Code Annotated and other relevant laws or regulations should always be consulted before any action is taken based upon the contents of this document.
Please feel free to contact us if you have questions or comments regarding this information or any other MTAS website material.
Sincerely,
The University of Tennessee
Municipal Technical Advisory Service
1610 University Avenue
Knoxville, TN 37921-6741
865-974-0411 phone
865-974-0423 fax
www.mtas.tennessee.edu
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
Links:
[1] https://www.mtas.tennessee.edu/kb-authors/broughton-jeff
[2] https://www.mtas.tennessee.edu/kb-authors/jones-josh
DISCLAIMER: The letters and publications written by the MTAS consultants were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this website.
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