SECTION 45.5. Denial of Product Registration

(a) The commission may deny an application for product registration for one or more of the following reasons:

(1) the product label does not meet applicable federal requirements;

(2) registration of the product would create a cross-tier violation;

(3) the label includes a statement, design, device, or representation that is obscene or indecent;

(4) the commission determines the product would create a public safety concern; or

(5) the commission determines the product violates any other section of the Code.

(b) No alcoholic beverage label may contain any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, other than a bona fide guarantee to refund the purchase price if the consumer is dissatisfied.

(c) If the commission denies an application to register a product, the applicant is prohibited from shipping or importing into or within the state, manufacturing or offering for sale, or distributing or selling the product in the state using the denied label.

Source Note: The provisions of this §45.5 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182