BEFORE THE DEPARTMENT OF REVENUE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I (42.13.602), New Rule II (42.13.603), and New Rule III (42.13.806) relating to the use by brewers and distillers of ingredients containing alcohol

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NOTICE OF ADOPTION

 

TO:  All Concerned Persons

 

1.  On December 8, 2011, the department published MAR Notice No. 42-2-872 regarding the proposed adoption of the above-stated rules at page 2618 of the 2011 Montana Administrative Register, issue no. 23.

 

2.  A public hearing was held on January 9, 2012, to consider the proposed adoption.  No one appeared at the hearing to testify.  However, written comments were received subsequent to the hearing from Tony Herbert, of the Montana Brewers Association.  Those comments are summarized as follows, along with the response of the department:

 

COMMENT NO 1:  Mr. Tony Herbert, Executive Director of the Montana Brewers Association, stated the proposed rules provide for a reasonable interpretation of the intent of the new law, and for a process that will work well for brewers choosing to purchase flavors and other nonbeverage ingredients containing alcohol.

 

RESPONSE NO 1:  The department thanks Mr. Herbert and the Montana Brewers Association for their interest in this proposed rulemaking action and appreciates the supportive comments.

 

3.  The department amends New Rule II (42.13.603) to correct a spelling error as follows, stricken matter interlined, new matter underlined:

 

NEW RULE II (42.13.603)  USE OF FLAVORS AND NONBEVERAGE INGREDIENTS CONTAINING ALCOHOL IN THE MANAFACTURING MANUFACTURING OF BEER  (1) through (8) remain as proposed.

 

AUTH:  16-1-303, MCA

IMP:  16-1-401, 16-1-404, MCA

 

4.  Therefore, the department adopts New Rule II (42.13.603) with the amendment shown above and adopts New Rule I (42.13.602) and New Rule III (42.13.806) as proposed.

 

5.  An electronic copy of this notice is available on the department's web site at www.revenue.mt.gov.  Select the "Legal Resources" link in the left hand column, and click on the "Rules" link within to view the options under the "Notice of Proposed Rulemaking" heading.  The department strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  While the department also strives to keep its web site accessible at all times, in some instances it may be temporarily unavailable due to system maintenance or technical problems.

 

 

 

/s/ Cleo Anderson                                        /s/ Dan R. Bucks

CLEO ANDERSON                                     DAN R. BUCKS

Rule Reviewer                                             Director of Revenue

 

Certified to Secretary of State January 17, 2012