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Texas Alcoholic Beverage Code - Section 101.46. Containers Of Liquor: Minimum Capacities

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§ 101.46. CONTAINERS OF LIQUOR:  MINIMUM CAPACITIES.  (a) 
Except as provided by Subsections (b), (c), and (d) of this section, 
no person may import, sell, or possess with intent to sell any 
liquor in a container with a capacity of less than 20 milliliters. A 
container of liquor offered for sale that has a capacity of less 
than six fluid ounces must substantially conform to the labeling 
requirements of the Bureau of Alcohol, Tobacco, and Firearms for 
larger containers in which liquor is sold.  Holders of distiller's 
or rectifier's permits wishing to sell liquor bottled in containers 
of less than six fluid ounces to wholesalers must sell such 
containers of liquor to wholesalers in units of unbroken, sealed 
cases.  Wholesalers shall sell liquor bottled in containers of less 
than six fluid ounces to package stores in units of unbroken, sealed 
cases.  Containers of liquor with a capacity of less than six fluid 
ounces offered for sale in a package store must be sold in units of 
sealed packages featuring multiple bottles of liquor.
	(b)  Subsection (a) of this section does not apply to 
permittees or licensees while engaged in supplying airline beverage 
or mixed beverage permittees, nor to the possession or sale of 
liquor by an airline beverage or mixed beverage permittee, but none 
of the permittees or licensees covered by this subsection may 
possess liquor in a container with a capacity of less than one fluid 
ounce.
	(c)  Subsection (a) of this section does not apply to liquor 
imported under Section 107.07 of this code.
	(d)  Spirit coolers, as described by the definition of 
"distilled spirits" in Section 1.04 of this code, may be sold in 
containers with a capacity of less than 355 milliliters as well as 
in containers with any other capacity authorized by this code for 
distilled spirits.

Acts 1977, 65th Leg., p. 494, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1979, 66th Leg., p. 1146, ch. 552, § 1, eff. Aug. 
27, 1979;  Acts 1993, 73rd Leg., ch. 934, § 62, eff. Sept. 1, 
1993;  Acts 2001, 77th Leg., ch. 269, § 1, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 1095, § 1, eff. Sept. 1, 2003.

Last modified: August 10, 2007