SECTION 41.16. Tamper-proof Containers

(a) This rule relates to Alcoholic Beverage Code §§28.1001 and 32.155.

(b) A "tamper-proof container" means a container that, once sealed, clearly shows whether it has been opened. The term includes a closed cup or similar container that is:

(1) placed into a bag that has been sealed with a zip tie or staple;

(2) sealed with shrink wrap or a similar seal;

(3) sealed with a tamper-evident adhesive tape or seal having one or more indicators or barriers to entry which, if breached or missing, can reasonably be expected to provide visible evidence that tampering has occurred; or

(4) sealed mechanically on-premises with a can seamer.

(c) The following sealing methods, unless used in combination with a method described in subsection (b) of this section, are not sufficient to meet the standard for a tamper-proof container:

(1) freezing the beverage, putting a lid on it, and leaving the straw out of the lid's straw hole; and

(2) sealing with a sticker or adhesive tape that is not tamper-evident.

(d) The list in subsection (c) of this section is non-exclusive.

Source Note: The provisions of this §41.16 adopted to be effective December 6, 2021, 46 TexReg 8246