Section 28-3-187

Identification on containers; procedures; penalties

(a) For the protection of the public welfare, health, peace and morals of the people of this state, including without limitation regulation of the quality of malt or brewed beverages sold, offered for sale or held for sale within this state, and for the protection of the tax revenues accruing to the state by virtue of taxes levied on malt or brewed beverages, it is hereby declared the intention and purpose of this article that the board shall require all manufacturer licensees, or in lieu thereof, all importer licensees to affix Alabama identification, as will be prescribed by the board, to all original containers in which malt or brewed beverages is normally placed and prepared for market, received, sold or handled, before such beverages are sold, offered for sale or held for sale within this state. Provided, however, a wholesaler licensee may, subject to the rules and regulations promulgated by the board, prepay the tax and affix Alabama identification to certain malt or brewed beverages which come into the state without such identification being affixed by the manufacturer or importer licensee, where the wholesaler licensee was by court order permitted to do so prior to October 1, 1980; but this special permission shall apply only with respect to a brand or brands of malt or brewed beverages sold or distributed by the wholesaler licensee within this state during the period of six months first succeeding said court order

(b)

The board is hereby authorized to design and have prepared and distributed Alabama identification to be affixed by the manufacturer or importer licensee to all malt or brewed beverages sold, offered for sale or held for sale in the state of Alabama

The board is authorized to enter into a contract on behalf of the state with one or more manufacturers for the manufacture, sale and distribution of such identification and shall require of each such manufacturer a bond or bonds in an amount and with sureties satisfactory to the board

Such identification prescribed by the board shall be purchased from the board or from such person designated by the board by the licensed manufacturer or importer of malt or brewed beverages to be sold within this state

Any person other than the board or its designated and bonded identification manufacturer or agent who sells such Alabama identification not affixed to malt or brewed beverages sold and delivered by them, whether genuine or counterfeit, shall be guilty of a felony and shall be punished as such as provided in section 28-3-227

Any person who manufactures, sells, offers for sale, buys or has in his or its possession any reproduction or counterfeit of Alabama malt or brewed beverage identification provided for in this article shall be guilty of a felony and shall be punishable as such as provided in section 28-3-228

Any person who removes or otherwise prepares Alabama malt or brewed beverage identification, with intent to use or caused to be used after such identification has already been used, or buys, sells, offers for sale, gives away or has in his or its possession any such previously used Alabama identification for the purpose of identifying malt or brewed beverages shall be guilty of a felony and shall be punishable as such as provided in section 28-3-227

(c)

All malt or brewed beverages when possessed in this state by a person other than its manufacturer or importer licensee, without having required identification affixed in the manner required by the board, shall be subject to confiscation in the manner provided for contraband goods as set out in article 8 of this chapter

A licensed wholesaler may possess malt or brewed beverages in this state without Alabama identification affixed by the manufacturer or importer licensee which malt or brewed beverages (a) due to error of the manufacturer or importer was misdirected or missent to Alabama or (b) due to temporary inability of manufacturer or importer to affix identification because of equipment problems or malfunction, lack of supply of approved identification or other problem made known to the board in advance of shipment into this state; provided, the licensed wholesaler receiving malt or brewed beverages without Alabama identification affixed by the manufacturer or importer shall inform the board immediately upon the wholesaler's discovery of the absence of Alabama identification affixed by the manufacturer or importer and the board or its designated agent shall sell to such licensed wholesaler a sufficient quantity of identification to affix to the malt or brewed beverages transported into the state under such circumstances

(Acts 1979, No. 79-802, p. 1475,§4.