Caffeinated Malt Beverage

A “caffeinated malt beverage” is a beverage containing at least five-tenths percent (.5%) alcohol by volume, which is either:

(a)produced by a brewer, as defined in 26 U.S.C. § 5092, and to which is added, or infused with, caffeine and/or other stimulants, including, but not limited to, guarana, ginseng, absinthe, and taurine; or

(b)treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of a beer as described in C.F.R. Sec. 25.55, and to which is added a flavor or other ingredient containing alcohol, except for a hop extract and caffeine and/or other stimulants, including, but not limited to, guarana, ginseng, absinthe, and taurine, and for which the producer is required to file a formula for approval with the United States Alcohol and Tobacco Trade and Tax Bureau pursuant to 27 C.F.R. Sec. 25.55, or that is not exempt under Subdivision

(f)of 27 C.F.R. Sec. 25.55.