Delaware General Assembly


CHAPTER 50

FORMERLY

HOUSE BILL NO. 82

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS; AND INCLUDING CERTAIN PRODUCTS WITHIN THE JURISDICTION OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Three- fifths of all the members elected to each Howe thereof concurring therein)

Section 1. Amend §101, Chapter 1, Title 4 of the Delaware Code by adding, at the end of Subsection (2), the following:

"A concentrated alcoholic beverage shall be an 'alcoholic liquor' for purposes of this Title."

Section 2. Amend §101, Chapter 1, Title 4 of the Delaware Code by re- designating present Subsection (9) as new subsection (10), and by re- designating each succeeding subsection accordingly.

Section 3. Amend §101, Chapter 1, Title 4 of the Delaware Code by adding thereto a new subsection, designated u Subsection (9), which new subsection shall read as follows:

"(9) 'Concentrated alcoholic beverage' shall mean any powders or crystals, liquid or any other substances which, after being mixed with sugar, water or any other non alcoholic materials, ferments or otherwise becomes a wine, beer or other alcoholic beverage."

Section 4. Amend 6712. Chapter 7, Title 4 of Delaware Code by adding, at the end of said section, the following:

"Notwithstanding any other provision in this Chapter or title, concentrated alcoholic beverages are not "home- manufactured wines" for purposes of this section, and all Commission regulations and tax requirements concerning home- manufactured wines shall not apply to concentrated alcoholic beverages."

Section 5. Nothing In this Act shall be construed or interpreted as placing mouthwashes, cough medications, sedatives (or any other similar product not advertised for consumption as a wine or other alcoholic beverage) within the jurisdiction of the Alcoholic Beverage Control Commission."

Approved June 28, 1985.