A. No holder of a mixed beverage, beer and wine, caterer, special event, public event or airline/railroad beverage license shall refill with any substance a container which contained any alcoholic beverage on which the tax levied by Section 104 of this act has been paid.

B. A mixed beverage licensee shall not be prohibited from preparing and selling infused drinks on the licensed premises, provided the licensee complies with this section. "Infusion" is the process in which a distilled spirit has one or more ingredients including but not limited to fruits, vegetables, spices or nuts added to the distilled spirit. Provided, it shall not be lawful for a distilled spirit to be infused with any hallucinogenic substances or to have pure or supplemental caffeine or other stimulants added, including but not limited to guarana, ginseng or taurine. A mixed beverage licensee who prepares and sells infused drinks shall comply with the following requirements:

1. The infusion shall be mixed and stored on the licensed premises;

2. The container that the infusion is stored in cannot exceed five (5) gallons, must have a lid, and be maintained in sanitary condition;

3. The infusion shall not be aged more than fourteen (14) days;

4. The infusion must be used or destroyed within twenty-one (21) days after the end of the aging process;

5. Cleaning reports for the container must be available for inspection by the ABLE Commission; and

6. The container in which the infusion is stored must have a label affixed to the container that provides the production date of the infusion, the base spirit of the infusion, the date the infusion will finish the aging process and the date in which the infusion must be destroyed.

Added by Laws 2016, c. 366, § 136, eff. Oct. 1, 2018.

NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.