Beer contains about the ethanol concentration that is achieved when cellulosic ethanol is produced (and in many cases, beer has a higher alcohol concentration).

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"Additional documentation indicates he refused to submit to a chemical analysis to determine alcohol concentration or presence of an impairing substance at the time of the citation, " the company said.

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The beer industry praised the agency for acknowledging that labels should take into account variations in the concentration of alcohol content in different products.

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