(a) A qualified student may taste alcoholic beverages, and the student, the authorized instructor, and the qualified academic institution in which the student is enrolled shall not be subject to criminal prosecution under § 57-5-301, § 57-4-203, § 39-15-404 or title 39, chapter 17, part 7, if all of the following criteria are met:
(1) The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution;
(2) The qualified academic institution has established a bachelor's degree program that is designed to train industry professionals in the production of fermented or distilled food or beverage products;
(3) The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course required for the bachelor's degree; and
(4) The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least twenty-one (21) years of age.
(b) Nothing in this section shall be construed to allow a student under twenty-one (21) years of age to receive any alcoholic beverage unless it is delivered as part of the student's curriculum requirements.
(c) A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section; provided, that an extra fee or charge is not imposed for the alcoholic beverages being tasted. Any tuition normally charged for a course shall not be considered an extra fee or charge.
(d) As used in this section:
(1) “Alcoholic beverage” includes beer as defined in § 57-5-101;
(2) “Qualified academic institution” means a public or private university accredited by a commission recognized by the United States department of education;
(3) “Qualified student” means a student enrolled in a fermentation science degree program at a qualified academic institution who has completed a minimum of sixty (60) hours of coursework; and
(4) “Taste” means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage.
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