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RSMo 311.360effective 28 Aug 2009

Misrepresentation of brand of liquor unlawful, penalty

In plain English

A person with a liquor license cannot sell or offer to sell beer or other alcohol and claim it was made by a different company than the one that actually made it. That is a misdemeanor (a crime). However, a person selling wine or brandy is not breaking this rule as long as the maker of that wine or brandy has shared the proper label approval paperwork with the state alcohol control office and registered the label if needed.

Word-for-word law

311.360. of brand of liquor , — exceptions. — 1. No person holding a or shall sell , or any other in this state, or shall offer for sale any such malt liquor, or other intoxicating liquor whatsoever, brewed, manufactured or by one , in for, or with the representation that any such malt liquor or other intoxicating liquor, is the product of any other , manufacturer or . Whosoever shall violate the of this section shall be guilty of a .

2. the provisions of 1 of this section, no person holding a license or permit shall be deemed guilty of a misdemeanor for offering for sale, or for the sale of, wine or so long as the manufacturer of the brandy or the wine manufacturer has provided the with a copy of the issued by the and, if necessary, has properly such label or name with the .

(RSMo 1939 § 4911, A.L. 1996 S.B. 933, A.L. 2003 S.B. 298, A.L. 2009 H.B. 132)

(1998) Statute violates the commerce clause by discriminating against out-of-state producers and is . Pete's Brewing Co. v. Whitehead, 19 F.Supp.2d 1004 (W.D.Mo.).

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 311.360: Misrepresentation of brand of liquor unlawful, penalty | KnowMo Laws