§ 57-4-108 — Production, storage and sale of infused alcohol products

(a) As used in this title, "infusion" or "infused product" means any product created from the combining or mixing of an alcoholic beverage with nonalcoholic products or material over a sustained period of time, and at the time of the combination or mixing, the combination or mixture is not intended for immediate consumption. (b) (1) Notwithstanding any law to the contrary, an establishment licensed to sell alcoholic beverages for on-premises consumption pursuant to this part may produce, store and sell infusions pursuant to this section. (2) The commission may promulgate rules and regulations regarding the production, storage, and sale of infusions by any licensee in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) All alcoholic beverages used in the production of an infusion must be purchased from a licensed wholesaler. (d) A batch of infused product shall not: (1) Contain any added stimulant, drug, or illegal substance; provided, that "added stimulant": (A) Means any stimulant used in the production of the infusion that is not naturally contained in any food product or beverage used in the production of the infusion; and (B) Includes, but is not limited to, caffeine, guarana, ginseng, and taurine and any product or beverage which includes stimulants that are not naturally included in the product or beverage, including, but not limited to, energy drinks; (2) Be removed or transported from the licensed premises; or (3) Be infused in, stored in, or dispensed from an original package of liquor or wine, or a container bearing an alcoholic beverage name brand. (e) A batch of infused product shall be labeled with a list of each ingredient contained in the infusion.

Legislative History

Amended by 2017 Tenn. Acts, ch. 338,Secs.s1, s2 eff. 5/9/2017. Added by 2014 Tenn. Acts, ch. 1001,s 9, eff. 5/22/2014.