Sale of alcoholic beverage container with detachable metal tab

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    (a)    (1)    Except as provided in paragraph (2) of this subsection, a person may not sell or offer for sale at retail an alcoholic beverage container that is:

            (i)    made from metal or a composite material; and

            (ii)    designed and constructed with an all–metal tab opening device that detaches from the container when the container is opened in a manner that is normally used to empty the contents of the container.

        (2)    Paragraph (1) of this subsection does not apply to:

            (i)    a beverage container sealed with a laminated tape seal, including one with aluminum foil, that is not rigid;

            (ii)    an all–metal container with a detachable metal pull tab for a frozen beverage concentrate that is customarily and primarily purchased for dilution and use in the home or a similar purpose; and

            (iii)    a metal beverage container with a detachable metal pull tab for a milk–based, soy–based, or similar product that requires sterilization and pressure in the canning process.

    (b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.


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