Tasting of alcohol by qualified student – Criteria – Definitions

(a) A qualified student may taste alcoholic beverages, and the student, the authorized instructor, and the qualified academic institution in which the student is enrolled are not subject to criminal prosecution under § 57-5-301, § 57-4-203, § 39-15-404, or title 39, chapter 17, part 7, if: Ask a legal question, get an answer ASAP!(1) The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution; (2) The qualified academic institution has established a program of study that is designed to train industry professionals in the production of fermented or distilled food or beverage products; (3) The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course or training required for the program of study; and (4) The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least twenty-one (21) years of age. (b) This section does not authorize a student under twenty-one (21) years of age to receive an alcoholic beverage unless it is delivered as part of the student’s curriculum requirements in the student’s program of study. (c) A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section; provided, that an extra fee or charge is not imposed for the alcoholic beverages being tasted. Tuition normally charged for a course must not be considered an extra fee or charge. (d) As used in this section: (1) “Alcoholic beverage” includes beer as defined in§ 57-5-101; (2) “Program of study” means: (A) An academic program offered by a qualified academic institution that leads to a certificate, diploma, associate degree, or bachelor’s degree; or (B) An apprenticeship program facilitated by a qualified academic institution; (3) “Qualified academic institution” means a public or private postsecondary institution accredited by a commission recognized by the United States department of education; (4) “Qualified student” means a student enrolled in a fermentation science, wine making, mead making, brewing, or distilling program of study at a qualified academic institution; and (5) “Taste” means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage.