Unofficial Voice of the Utah Senate Majority
Welcome to The Senate Site
Tuesday, January 15, 2008Beer and Alcopops Controversy
By Chris Buttars
Utah State Senator, District 10: South Jordan, West Jordan, and Herriman There seems to be a major rush to convince Law Enforcement Agencies and the public, that because beer and Alcopops both have an alcohol content of 3.2, they are essentially the same and therefore can be sold or marketed in the same manner. One argument is, "3.2 is 3.2 is 3.2…so what’s the big deal?" It’s a great sound bite. But it is just flat wrong. To put it simply, the facts are this: BEER is a product produced by fermentation of any malted grain. And under Utah Law, can be licensed and sold in grocery stores and convenience stores. ALCOPOPS, under Utah Law, are classified as liquor. And liquor products, again under Utah Law, can only be sold in State Liquor stores and approved package agencies. Details from the Utah Code: (5) (a) "Beer" means any product that: (i) contains 63/100 of 1% of alcohol by volume or 1/2 of 1% of alcohol by weight, but not more than 4% of alcohol by volume or 3.2% by weight; and (ii) is obtained by fermentation, infusion, or decoction of any malted grain. (b) Beer may or may not contain hops or other vegetable products. (c) Beer includes a product that: (i) contains alcohol in the percentages described in Subsection (5)(a); and (ii) is referred to as: (A) malt liquor; (B) malted beverages; or (C) malt coolers. [and...] (24) (a) "Liquor" means alcohol, or any alcoholic, spirituous, vinous, fermented, malt, or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks, or drinkable liquids that contain more than 1/2 of 1% of alcohol by volume and is suitable to use for beverage purposes. (b) "Liquor" does not include any beverage defined as a beer, malt liquor, or malted beverage that has an alcohol content of less than 4% alcohol by volume. My view: 1. Alcopops are currently being marketed in the same manner as Beer, which is illegal under Utah Law.
posted by The Senate Site at 4:08 PM | Link
|
Government 2.0 AccessoriesRadio Free SenatePast Five Twitter UpdatesKeep in TouchYour Government 2.0 Lab
Current Discussions
Senate Site Feed
|
© 2008. All rights reserved. Designed by Jeremy Wright & His Brother-In-Law
9 Comments:
These so called "Alcopops" are beer. 100%. No question. They are made from malted grain, just like a normal beer. Just because you add sweetener and artificial colors doesn't change what it is. Any fruit, vegetable or flavorings that are added AFTER the fermentation process are NOT converted into alcohol and therefor do not meet your classification "liquor". Your classification of what beer is from the Utah Code, describes "Alcopos" to a tee. I agree that keeping Alcohol from minors is paramount. But reclassifying an alcoholic beverage because of it's flavor??? That's just wrong Mr. Butters. You need to find other Witches to burn.
Okay, I can see where you're coming from on points 1 and 2. I'm no lawyer, but I see the logic there behind the push. I'd question, however, if any additional laws are necessary since the existing framework appears to address the issue.
According to the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB):
"Flavored malt beverages are brewery products that differ from traditional malt beverages such as beer, ale, lager, porter, stout, or malt liquor in several respects. Flavored malt beverages exhibit little or no traditional beer or malt beverage character. Their flavor is derived primarily from added flavors rather than from malt and other materials used in fermentation. At the same time, flavored malt beverages are marketed in traditional beer-type bottles and cans and distributed to the alcohol beverage market through beer and malt beverage wholesalers, and their alcohol content is similar to other malt beverages in the 4-6% alcohol by volume range.
Although flavored malt beverages are produced at breweries, their method of production differs significantly from the production of other malt beverages and beer. In producing flavored malt beverages, brewers brew a fermented base of beer from malt and other brewing materials. Brewers then treat this base using a variety of processes in order to remove malt beverage character from the base. For example, they remove the color, bitterness, and taste generally associated with beer, ale, porter, stout, and other malt beverages. This leaves a base product to which brewers add various flavors, which typically contain distilled spirits, to achieve the desired taste profile and alcohol level.
While the alcohol content of flavored malt beverages is similar to that of most traditional malt beverages, the alcohol in many of them is derived primarily from the distilled spirits component of the added flavors rather than from fermentation." (70 Fed. Reg. 194 et seq. ( January 3, 2005).)
Dear Jesse,
Additional laws may be needed to combat the problem of underage drinking. While I am awaiting the details of Senator Bramble's bill on the issue, I will note that alcopops advertising (specifically the packaging and placement in convenience and grocery stores) seems suspect. Alcopops are advertised the same way as soda pop. In fact, most alcopops are placed alongside (or nearby) soda pop. This type of advertising is eerily similar to that of the cigarette companies.
Remember candy cigarettes? These "treats" were perfectly legal (to my knowledge) and perfectly designed to make kids think smoking was "cool." To me, alcopops are the new candy cigarettes (though alcopops are obviously illegal to those underage). Teenagers are attracted to the sweeter taste and are thereby introduced to the world of alcohol.
It's my understanding, consistent with what anonymous posted above, that most of the alcohol in many alcopops is derived from "the distilled spirits component of the added flavors rather than from fermentation." The very next sentence (after the portion quoted by "anonymous") in the TTB's description of alcopops (or "flavored malt beverages") further supports this. "A review of approved formulas showed that more than 99% of the alcohol in some flavored malt beverages was derived from added flavorings containing distilled spirits instead of from fermentation at the brewery."
Alcohol is Alcohol no matter if it was obtained from fermentation or distilled from fermentables. If your going to "nit-pick" about the type of alcohol used in products then I suggest we continue the Nit-picking and say that all products containing distilled spirits be sold in state liquor stores. Including Medicines, mouthwashes, flavored cooking extracts ect. These all contain upwards of 80% distilled alcohol.
Lame. The alcohol laws are so ridiculous to begin with. I for one feel that imported "high-point" beer and wines should be available in a grocery store.
"Additional laws may be needed to combat the problem of underage drinking."
Prohibiting the access of "alcopops" is not going to stop, curb, or affect underage drinking in any way.
If you are really worried about excessive drinking, there shouldn't be an age limit. Drunk adults are more abundant than drunk kids, and it's all a matter of responsibility.
Treating the substance as though it is evil is a very closed-minded approach to handling a real problem. It's not the substance that's evil, but the fact that it is a taboo that is so appealing.
It's not your job to be the parents of Utah's teenagers, and if their own parents cant teach their children responsibility, i think the better tactic from our legislation would be mandatory parenting classes for Utah parents.
This concept of "alcopops" is ridiculous "3.2 is 3.2". We already have outrageous liquor laws in this state. These beverages are not intended for minors nor are they made to incise minors to drink.
Making these beverages available only in state liquor stores is just another example how bad our liquor laws are. The fact that this is even an issue I find ridiculous.
Excuse me, Senators Bramble and Buttars, but we know what this is about, and it's not about underage drinking.
It's about making yet another condemning statement to your constituencies about the evil drinking gentiles, and how you are there to save us all from them.
You people are dividing this state with your Taliban tactics, and it's time you stopped.
Post a Comment
<< Home