N.J. Admin. Code § 13:2-27.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:2-27.2 - Deposit marked containers

(a) No manufacturer, supplier, importer, brand registrant, wholesale or retail licensee or permittee shall sell, distribute or market for resale to a consumer in New Jersey or purchase for resale to a consumer in New Jersey any malt alcoholic beverage product, except for malt coolers, packaged in a bottle or can marked for deposit of another state.

(b) The provisions of (a) above shall not apply where an application is received from the brand registrant or its authorized agent of a malt alcoholic beverage which is accompanied by a certification from an appropriate officer that the total of all shipments from the brewery of malt alcoholic beverages for the past full or part calendar year in New Jersey did not exceed 3,000 barrels of 31 fluid gallons capacity or their container equivalent. False or misleading certifications shall be punishable by suspension or revocation of all brand registrations filed by the brewery or its authorized agent.

(c) For the purposes of (a) above, "malt coolers" shall be defined as a flavored malt beverage made from a base of malt beverage and flavored with fruit juices, aromatics, essences, or other flavoring in quantities and proportions such that the resulting product possesses a character and flavor distinctive from the base malt beverages and distinguishable from other malt beverages and is generally considered a "malt cooler" product.

(d) When the Director, after providing notice and an opportunity to be heard, determines that, for an otherwise exempt product, the purposes for lifting the prohibition of selling alcoholic beverage containers marked for deposit of another state are no longer being served, the Director shall prohibit the sale, distribution or marketing for resale or purchase for resale to a consumer in New Jersey, of that product when packaged in a container marked for deposit of another state. The Director's determination shall be based upon a finding of evidence of transshipping, economic hardship caused to licensed wholesalers, degradation of tax revenues, violation of the primary source law, or for other good cause.

N.J. Admin. Code § 13:2-27.2

New Rule, R.1984 d.50, effective 3/5/1984.
See: 16 New Jersey Register 31(a), 16 New Jersey Register 428(b).
Amended by R.1996 d.142, effective 3/18/1996.
See: 28 New Jersey Register 61(a), 28 New Jersey Register 1552(b).
Application limited to malt alcoholic beverages.