Revision: Jan. 11, 2010, midnight
CHAPTER 380
SB 233-FN – FINAL VERSION
03/22/07 0730s
06Jun2007… 1916h
06/27/07 2225CofC
2007 SESSION
03/01
SENATE BILL 233-FN
AN ACT relative to specialty beer, relative to sales by beverage vendor licensees, and establishing a committee to study flavored malt beverages.
SPONSORS: Sen. Clegg, Dist 14; Sen. D’Allesandro, Dist 20; Rep. Abbott, Rock 12; Rep. Hunt, Ches 7
COMMITTEE: Executive Departments and Administration
This bill changes the definition of specialty beer and prohibits the sale of specialty beer unless the label indicates alcohol content. This bill permits certain beverage vendor licensees to distribute beverages manufactured by them directly to retailers. This bill also establishes a committee to study flavored malt beverages.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/22/07 0730s
06Jun2007… 1916h
06/27/07 2225CofC
07-0150
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to specialty beer, relative to sales by beverage vendor licensees, and establishing a committee to study flavored malt beverages.
Be it Enacted by the Senate and House of Representatives in General Court convened:
380:1 Alcoholic Beverages; Definitions; Specialty Beers. Amend RSA 175:1, LXIV-a to read as follows:
LXIV-a. “Specialty beer” means any beer as defined in RSA 175:1, VII intended for human consumption as a beverage, having an alcohol content greater than 6 percent but not more than 12 percent by volume at 60 degrees Fahrenheit. The commission may approve any specialty beer greater than 12 percent.
380:2 New Section; Alcoholic Beverages; Severability. Amend RSA 175 by inserting after section 7 the following new section:
175:8 Severability. If any provision of this title, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the title which can be given effect without the invalid provisions or applications and to this end the provisions of this title are severable.
380:3 Beverage Vendor License. Amend the section heading of RSA 178:15 to read as follows:
178:15 Beverage Vendor License.
380:4 New Paragraphs; Beverage Vendor License; Distribution. Amend RSA 178:15 by inserting after paragraph IV the following new paragraphs:
V. A holder of a beverage vendor license who represents a manufacturer who manufactures 15,000 barrels or less during its licensing period, as shown by its monthly brewer’s reports and tax payments filed with the U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau may elect to distribute the beverages manufactured by it directly to New Hampshire retail licensees or to distribute its beverages pursuant to RSA 180, provided that total in-state direct retail sales do not exceed 5,000 barrels.
VI. All sales made to New Hampshire retailers under this section shall be products and packages approved by the commission, be C.O.D., and shall not be subject to the provisions of RSA 179:13. All product shall be transported in accordance with RSA 178:14 and be accompanied by a priced invoice showing in detail all product delivered, a copy of which shall be mailed to the commission by the vendor 2 days prior to the day of delivery.
VII. All sales made to New Hampshire retailers under this section shall be subject to the provisions of RSA 178:26.
380:5 New Section; Specialty Beer Label Requirements. Amend RSA 179 by inserting after section 40 the following new section:
179:40-a Specialty Beer Label Requirements. No person shall sell any specialty beer having an alcohol content greater than 12 percent unless the label on the container and any packaging for the consumer clearly states the percent of alcohol by volume of the specialty beer.
380:6 Flavored Malt Beverages Study Committee.
I. There is established a committee to study flavored malt beverages.
II. The members of the committee shall be as follows:
(a) Three members of the house of representatives, one of whom shall be from the ways and means committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall study all aspects of the distribution and sale of flavored malt beverages in New Hampshire.
V. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
VI. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2007.
380:7 Effective Date.
I. Section 5 of this act shall take effect January 1, 2008.
II. The remainder of this act shall take effect upon its passage.
Approved: July 18, 2007
Effective: I. Section 5 shall take effect January 1, 2008.
II. Remainder shall take effect July 18, 2007.