☰ Revisor of Missouri

Title XX ALCOHOLIC BEVERAGES

Chapter 311

< > Effective - 28 Aug 2009, 2 histories    bottom

  311.360.  Misrepresentation of brand of liquor unlawful, penalty — exceptions. — 1.  No person holding a license or permit shall sell malt liquor, or any other intoxicating liquor in this state, or shall offer for sale any such malt liquor, or other intoxicating liquor whatsoever, brewed, manufactured or distilled by one manufacturer, in substitution for, or with the representation that any such malt liquor or other intoxicating liquor, is the product of any other brewer, manufacturer or distiller.  Whosoever shall violate the provisions of this section shall be deemed guilty of a misdemeanor.

  2.  Notwithstanding the provisions of subsection 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 brandy so long as the manufacturer of the brandy or the wine manufacturer has provided the supervisor of alcohol and tobacco control with a copy of the certificate of label approval issued by the Alcohol and Tobacco Tax and Trade Bureau and, if necessary, has properly registered such label or name with the appropriate state agency.

­­--------

(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 unconstitutional.  Pete's Brewing Co. v. Whitehead, 19 F.Supp.2d 1004 (W.D.Mo.).


---- end of effective  28 Aug 2009 ----

use this link to bookmark section  311.360


 - All versions
Effective End
311.360 8/28/2009
311.360 8/28/2003 8/28/2009

Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House