§ 32B-4-420 — Unlawful adulteration.

(1) For purposes of this section, "tamper" means to do one or more of the following to the contents of a container:

(1)(a) fortify;
(1)(b) adulterate;
(1)(c) contaminate;
(1)(d) dilute;
(1)(e) change its character or purity; or
(1)(f) otherwise change.
(2) A person may not, for any purpose, mix or allow to be mixed with an alcoholic product sold or supplied by the person as a beverage any of the following:

(2)(a) a drug;
(2)(b) methylic alcohol;
(2)(c) a crude, unrectified, or impure form of ethylic alcohol; or
(2)(d) another deleterious substance.
(3) (3)(a) The following may not engage in an act listed in Subsection (3)(b):
(3)(a)(i) a package agent;
(3)(a)(ii) a retail licensee;
(3)(a)(iii) a permittee;
(3)(a)(iv) a beer wholesaler licensee;
(3)(a)(v) a liquor warehouser licensee;
(3)(a)(vi) a supplier; or
(3)(a)(vii) an importer.
(3)(b) A person listed in Subsection (3)(a) may not:
(3)(b)(i) tamper with the contents of a container of alcoholic product as originally marketed by a manufacturer;
(3)(b)(ii) refill or partly refill with any substance the contents of an original container of alcoholic product as originally marketed by a manufacturer;
(3)(b)(iii) misrepresent the brand of an alcoholic product sold or offered for sale; or
(3)(b)(iv) sell or furnish a brand of alcoholic product that is not the same as that ordered by a purchaser without first advising the purchaser of the difference.

Legislative History

Amended by Chapter 307, 2011 General Session; Amended by Chapter 334, 2011 General Session