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Utah ABC Commission Relegates Decisions to Legislature
November 26, 2007

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News Summary

By a 3-2 vote, the Utah Alcoholic Beverage Control Commission delegated its rulemaking authority to the state legislature on several key issues, the BYU NewsNet reported on Nov. 19.

These issues include whether alcoholic beverages should be sold only in state liquor stores, and labeling requirements for malt beverages and alcohol-infused energy drinks.

"The creation of legal definitions should be a legislative function," said newly-appointed Commissioner Gordon Strachan. "I would prefer that the legislature answered the question, rather than the commission trying to resolve it by rule."

Others on the Alcoholic Beverage Control Commission have opposing views, however. Commissioner Kathryn Balmforth disagrees with sending these types of decisions to the state legislature. "This is asking them to quibble about the size of type on a label," she says. 

In Utah, the amount of alcohol in a beverage is displayed in fine print, while in California such information is more prominently displayed, Balmforth said. Strachan agrees that the labeling issue requires a solution, but he and the majority of the commission believe that these issues would be better addressed by legislation. 

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