§ 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:

(a) fortify;

(b) adulterate;

(c) contaminate;

(d) dilute;

(e) change its character or purity; or

(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:

(a) a drug;

(b) methylic alcohol;

(c) a crude, unrectified, or impure form of ethylic alcohol; or

(d) another deleterious substance.

(3)

(a) The following may not engage in an act listed in Subsection (3)(b):

(i) a package agent;

(ii) a retail licensee;

(iii) a permittee;

(iv) a beer wholesaler licensee;

(v) a liquor warehouser licensee;

(vi) a supplier; or

(vii) an importer.

(b) A person listed in Subsection (3)(a) may not:

(i) tamper with the contents of a container of alcoholic product as originally marketed by a manufacturer;

(ii) refill or partly refill with any substance the contents of an original container of alcoholic product as originally marketed by a manufacturer;

(iii) misrepresent the brand of an alcoholic product sold or offered for sale; or

(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.

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