Section 311.360

Title XX ALCOHOLIC BEVERAGES

Chapter 311

Effective - 28 Aug 2009, 2 histories   

  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.

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(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.).