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and 18.03.2021 of the same product, prepared by the
Excise Chemist, Bihar, reveals ethyl alcohol content of 0.4% v/v
which again contradicts the impugned lab report attached to the
FIR, suggesting ethyl alcohol content of 0.6% v/v. Morevoer, as
per Clause 1.3.2. of Food Safety and Standards (Alcoholic
Beverages) Regulations, 2018, the tolerance limit for ethyl
alcohol content shall be + 0.3% (+ 0.5% in case of wines) for up
to 20% and + 1.0% for more than 20% above of the declared
strength. Thus, applying the tolerance limit of + 0.3%, the
strength determined by the Excise Chemist would vary from
03%-0.8%. Therefore, the product falls under the definition of
non-alcoholic beer as it contains less than 0.5% ethyl alcohol.
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