845-010-0205 Malt Beverage Labeling Requirements, Analysis of Malt Beverages (1) “Label” means all information-bearing material attached to or a part of a malt beverage container (including the cap). (2) All malt beverage labels must comply with the requirements of the Commission’s laws and rules, the Bottle Bill (ORS 459A.700 to 459A.740 and OAR 845, division 020), and all federal labeling regulations prior to being sold in Oregon. (3) If a licensee sells a malt beverage in Oregon that does not comply with the labeling requirements, the Commission may, in addition to any other sanction, require the licensee to stop selling and recall the malt beverage. (4) Any malt beverage product requiring Alcohol and Tobacco Tax and Trade Bureau (TTB) formula approval must receive TTB formula approval prior to being manufactured, imported, served or sold in Oregon. In addition, any malt beverage product manufactured, imported, served or sold in Oregon must conform to the specifications of the TTB-approved formula for the product. Violation of this section is a Category III violation. (5) If a licensee manufactures, imports, serves or sells a malt beverage in Oregon that does not comply with TTB formula requirements, the Commission may, in addition to any other sanction, require the licensee to stop manufacturing, importing, serving, and selling the malt beverage and recall the malt beverage. (6) Notwithstanding ORS 471.398 and OAR 845-013-0020, a manufacturer or wholesaler may accept returns of malt beverages from a retailer subject to recall under subsections (3) and (5) of this rule and give credit for the malt beverages. The manufacturer or wholesaler must apply the credit to the retailer’s next purchase and limit the amount of the credit to the retailer’s original purchase price for the product. (7) Any licensee dealing in malt beverages will give the Commission an analysis of the licensee’s malt beverage product upon Commission request. The licensee must provide the analysis to the Commission within 10 calendar days of the Commission’s request for the analysis. (8) The Commission may prohibit the sale of any malt beverage if, in its discretion, it finds that the malt beverage is not of good quality or that the alcohol content does not conform to the law, to the label of the container, to the TTB-approved formula for the product, or any federal labeling regulation. (9) All malt beverages exceeding six percent alcohol by volume must show in conspicuous type on the label or container the alcoholic content by volume within a tolerance for deviation from the alcohol content statement on the label not to exceed five-tenths of one percent. (10) No person may alter or remove a label on malt beverages produced, bottled or for sale in Oregon, except to add labeling to comply with federal or state laws. (11) Unless otherwise specified in the rule, a violation of this rule is a Category IV violation. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.445, 471.446(2) & 471.448 History: OLCC 16-2019, amend filed 12/27/2019, effective 01/01/2020 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01 OLCC 10-1995, f. 12-4-95, cert. ef. 1-1-96 OLCC 20-1991, f. 12-4-91, cert. ef. 1-1-92 LCC 9-1979, f. 5-24-79, ef. 5-25-79 LCC 4-1979(Temp), f. & ef. 4-2-79 LCC 49, f. 7-26-74, ef. 9-1-74 LCC 31, f. 12-4-67, ef. 12-26-67 LCC 29, f. 5-21-64 LCC 28, f. 12-19-60 LCC 27, f. 9-15-60 LCC 26, f. 5-12-60