Tennessee § 57-2-101 - “Intoxicating liquors” and “intoxicating drinks” defined — Fuel alcohol exception.

§ 57-2-101. “Intoxicating liquors” and “intoxicating drinks” defined — Fuel alcohol exception.

“Intoxicating liquors” or “intoxicating drinks,” as defined in this chapter, means and includes alcohol, spirits, liquors, wines and every liquid or solid, patented or not, containing alcohol, spirits, liquor or wine, and capable of being consumed by human beings; but nothing in this chapter shall be construed or defined as including or relating to the manufacture of beer as defined in § 57-5-101(b). This title shall not apply to fuel alcohol as it is defined in § 67-3-1203, and this title shall not apply to ethanol that is produced in a facility whose production process is primarily a wet milling process, sold and transported in bulk lots of five thousand gallons (5,000 gals.) or more and not packaged for retail sale by the holder of a valid alcohol fuels permit or a valid distilled spirits permit: For export to another country; To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one-half of one percent (0.5%) alcohol by volume. This title shall not apply to the production of products that have received approval from the alcohol and tobacco tax and trade bureau (TTB) as a non-beverage product. Acts 1937, ch. 193, § 2; C. Supp. 1950, § 6648.2; T.C.A. (orig. ed.), § 57-103; Acts 1980, ch. 786, § 3; 1997, ch. 155, § 1; 2012, ch. 968, § 1; 2014, ch. 861, § 3; 2017, ch. 338, § 5. Cross-References. Beer wholesaler-supplier relations, title 57, ch. 5, part 5. Definition of ethanol, § 67-3-103 . Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 2, 5, 6, 8. NOTES TO DECISIONS 1. Constitutionality. 1. Constitutionality. Failure of original act to recite in its caption that it had the effect of amending former T.C.A. §§ 39-6-916 and 39-6-917 did not cause such act to be unconstitutional under the provisions of Tenn. Const., art. II, § 17, since such constitutional provision does not apply to acts which by their positive provisions operate to repeal or annul previous acts by necessary implication. Clark v. State, 172 Tenn. 429, 113 S.W.2d 374, 1937 Tenn. LEXIS 92 (1938).