WEST virginia legislature
2025 regular session
Engrossed
Committee Substitute
for
Senate Bill 875
By Senator Garcia
[Reported March 27, 2025, from the Committee on the Judiciary]
A BILL to amend and reenact ยง11-16-17 of the Code of West Virginia, 1931, as amended, relating to container labeling of nonintoxicating beer and nonintoxicating craft beer; permitting certain brewers, brewpubs, manufacturers, and resident brewers to make privately labeled nonintoxicating beer or nonintoxicating craft beer brands available for purchase; providing for label requirements; providing for pricing and purchasing restrictions; defining terms; and setting effective and sunset dates.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 16. NONINTOXICATING BEER.
(a) It shall be is unlawful for any brewer, brewpub, manufacturer, distributor, or retailer to have affixed upon any beer, ale, or other malt beverage or malt cooler container, sold or for sale in this state, a label bearing any design, picture, or wording, indicating that the contents of the container are brewed or manufactured for one particular distributor or retailer or group of retailers, or use any trademark other than that of a licensed brewer or manufacturer.
(b) Notwithstanding the provisions of subsection (a) of this section, any brewer, brewpub, or resident brewer may make a private label for a nonintoxicating beer or nonintoxicating craft beer brand available for purchase by a Class A licensee exclusively for sale by the licensee at a one-time commemorative event held by the licensee. The private label shall contain designs, pictures, or wording relating to the Class A licensee's commemorative event and may not contain any statement or display that may encourage intemperance or advertising presentations designed to appeal to persons under 21 years of age. No beer brand bearing a private label may be made available for purchase under this subsection prior to the label's registration and approval by the commissioner.
(1) A nonintoxicating beer or nonintoxicating craft beer brand made available for purchase with a private label under this subsection shall:
(A) Be made available exclusively for a limited purchase by one Class A licensee who purchases the entire production of the beer brand bearing the private label;
(B) In the case of an existing formulated brand with just the addition of the private label, be purchased at the regular, posted price for the existing nonintoxicating beer or nonintoxicating craft beer brand, with no reduced price or discount to be offered to the purchasing licensee; and
(C) Not be manufactured, sold, and labeled in a quantity exceeding 25 cases of 24 bottles, cans, or other sealed containers annually.
(2) As used in this subsection:
(A) The term "Class A licensee" means an entity issued a Class A license for on-premise consumption by the West Virginia Alcohol Beverage Control Administration.
(B) The term "commemorative event" means a one-time celebration of a Class A licensee's business anniversary.
(C) The term "private label" means a label affixed to a nonintoxicating beer or nonintoxicating craft beer container that bears any design, picture, or wording indicating that the contents of the container are brewed or manufactured for one particular purchaser.
(3) The provisions of this subsection shall be effective beginning on July 1, 2025, and shall expire and have no further force or effect on or after July 1, 2026.
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