§37A-3-102. Commission authority to promulgate rules.
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/ok/title-37a-alcoholic-beverages/37a-3-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The ABLE Commission is authorized to promulgate such rules with respect to packaging, marking, branding and labeling of alcoholic beverages sold or possessed for sale within this state, including such rules:
1. As will prohibit deception of the consumer with respect to such products or the quantity thereof and as will prohibit, irrespective of falsity, such statement relating to age, manufacturing processes, analyses, guarantees, and scientific or irrelevant matter as the ABLE Commission finds likely to mislead or confuse the consumer;
2. As will provide the consumer with adequate information as to the identity and quality of the products, the net contents of the package, and the manufacturer, brewer or importer of the product; and
3. As will prohibit statements on the label that are false, misleading, obscene or indecent.
The ABLE Commission may promulgate, in whole or in part, or with such modification as it deems desirable, rules of the federal government relating to labeling of distilled spirits promulgated under the Federal Alcohol Administration Act (27 U.S.C. 205). Added by Laws 2016, c. 366, § 72, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 12, emerg. eff. May 7, 2019. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.